specting an appeal proceeding on the merits, in the regular course, to judgment. But it may be that for some of the errors before exemplified, or alluded to, an appeal may be dismissed for informality; for when a statute gives an appeal conditionally on a certain notice being given, or on a certain recognizance being entered into, or on compliance with some other specified preliminary, it is necessary that the premised conditions should have been complied with; so that if there have been any failure on that point, the appeal must be dismissed for informality; and as such dismissal is conclusive, the right will be gone, and cannot afterwards be recovered (o).

In the case of appeals limited to the next session, if the appellant rely on an objection of form, and, independent of the merits, procure the appeal to be quashed on that ground, he cannot (even though the court above should have set aside the order of session, and set up the conviction again) go to the session again, and have the question heard there upon the merits (p).

Power of Adjournment.]—But an appeal may be adjourned by the court for future hearing, by adjourning the sessions to a day not later than that on which the next quarter sessions, original or adjourned (9), is held. This power of adjournment must be incident to the court for attaining the ends of justice; and so obvious is this position, that it has been decided, that the words in a statute, giving an appeal to the sessions within four months after the cause of complaint shall arise, and directing that "the justices of the said session shall determine the matter," do not supersede this inherent authority of adjournment (r). Unavoidable surprise of any kind upon the party as to any part of the subject appealed against; the absconding of the pauper; the absence of witnesses; any necessity for inquiry, suggested either by the counsel for the parties, or for the information of the court; may all be sufficient reasons for adjournment; and it is to be understood that an adjournment ex vi termini, implies that every thing during the time of such adjournment remains in statu quo; viz. that no advantage or disadvantage to the parties, as to notices, or other matters generally affected by efflux of time, is worked by such postponement of hearing. But as, where the sessions is adjourned, the style of it must not run "at such session held by adjournment," the original meeting of the

(0) R. v. Yorkshire (Justices, W. R.), 3 T. R. 776.

(p) R. v. Allen, 15 East, 346.
(9) See ante, Chap. IX. sect. 4, form

of entry of adjournment.
(r) R. v. Wiltshire (Justices), 13 East,

352.

session ought to be set forth, and that it was "continued by them from thence to such further time by adjournment;" and that it was then holden accordingly by such adjournment (s); so any record of proceedings had at it must follow the same course.

But though the power of adjournment be inherent in the sessions for the purposes of justice, and their own convenience, that power can only be exercised on appeals brought regularly before them, by all the previous conditions (whatever they may be) having been complied with. Thus, if for want of any notice, or other preliminary step, made a condition by the statute, the appeal could not be entered, the court cannot by adjourning acquire a jurisdiction to try it at a future time; but the right of appeal is gone for ever (t).

Enactment curing Defects of Form.]-By 3 G. IV. c, 23, s. 3, in all cases where it appears by the conviction, that the defendant has appeared and pleaded, and the merits have been tried, and that the defendant has not appealed against the said conviction, where an appeal is allowed; or, if, on appeal against it, the conviction has been affirmed, such conviction shall not be afterwards set aside or vacated in consequence of any defect of form whatever, but the construction shall be such a fair and liberal one as will be agreeable to the justice of the case.

But every material fact must be alleged, and the omission, if any, is not aided by reference to such clause (u).

The rule of law is established, that if there be a conviction good on the face of it, the justice is protected from an action for false imprisonment; if the conviction is bad on the face of it, that is, if it shows a want of jurisdiction, or directs an imprisonment of a party which the justice is not enabled to award in point of law, he is not protected (v).

(s) See the cases cited ante, p. 60, 61, notis; also R. v. Harrowby, Burr. S. C. 102.

(t) R. v. Oxfordshire (Justices), 1 M. & S. 448. See R. v. Lincolnshire (Justices), 3 B. & Cr. 548.

(u) R. v. Jukes, 8 T. R. 536; Paley, 3rd ed. 171.

(v) Per Parke, B., in Griffith v. Harries, 2 M. & W. 344, citing Groome v. Forrester, 5 M. & S. 314; Robson v. Spearman, 3 B. & Ald. 493.

SECTION IV.

PRECEDENTS OF CONVICTIONS IN PARTICULAR CASES.

ASSAULTS.

Conviction on 9 G. IV. c. 31, s. 27, for a Common Assault (a).

liberty, city," &c. as the case may be] A. O. is convicted before us [naming the justices] two of her majesty's justices of the peace for the said county [or, riding, &c.] for that he the said A. O. did [specify the offence, and the time and place when and where the same was committed, as the case may be]; and we the said justices do according to and under and by virtue of the said statute adjudge the said C. D. for the said offence to forfeit and pay the sum ofl., and also to pay the sum of 12s. 6d. for costs, and in default of immediate payment of the said sums, to be imprisoned in the common gaol in and for the said county of for the space of

unless the said fine and costs should sooner be paid, and we do also adjudge the said A. O. for the said offence to be imprisoned in the there kept to hard labour for the space of ·[or, we adjudge the said A. O. for his said offence to forfeit and pay the sum of] [here state the amount of the fine imposed] and also to pay the sum of for costs; and in default of immediate for the space of ———

day of

-]; and we direct

of

payment of the said sums to be imprisoned in the unless the said sums shall be sooner paid [or, and we order that the said sums shall be paid by the said A. O. on or before the the said sum of -l. [i. e. the amount of the fine] shall be paid to aforesaid, in which the said offence was committed, to be by him applied according to the directions of the statute in that case made and provided, and we order that the said sum of — for costs shall be paid to C. D. [the party hands and seals, the day and year first above

aggrieved]. Given under our mentioned.

ALEHOUSES UNDER 9 GEO. IV. c. 61 (b).

Conviction of a Party for Selling an Exciseable Liquor, not being licensed, under 9 G. IV. c. 61, s. 18.

་

duly convicted before C. D. and E. F. two of her majesty's justices of the peace for the said county of for that he the said A. B. on, &c. at, &c. did sell to one G. H. a certain exciseable liquor called gin, by retail; that is to say, one pint of gin at and for the price of -, to be drunk and consumed in his house, situate in the parish aforesaid, in the county aforesaid, contrary to the form of the statute in such case made and provided, whereby the said A. B. has forfeited the sum of - pounds [not exceeding 201. nor less than 51.] this being adjudged to be the [first] offence of the said A. B. against the provisions of an act to regulate the granting of licenses to keepers of inns, alehouses, and victualling-houses in England, besides the costs of this conviction, which we, C. D. and E. F. the justices aforesaid, do hereby assess at the sum of [fifteen] shillings, pursuant to the statute in such case made and provided. Given under our hands and seals, the day and year first above written.

Conviction of a Licensed Publican for selling an Exciseable Liquor in Premises not being those Licensed (9 G. IV. c. 61, s. 18).

day of

Be it remembered, that on this in the year of our to wit. Lord —, A. B., was duly convicted before us, C. D. and E. F. two of her majesty's justices of the peace for the county of, for that he the said A. B. being duly licensed by a certain license to sell exciseable liquors in a certain victualling house at the sign of the in the parish of in the county of -specified in the said license, did on, &c. at, &c. sell to one G. H. a certain exciseable liquor called ale, by retail, that is to say, one quart of ale, at and for the price of sixpence, to be drunk and consumed in his house, situate in the parish aforesaid, not being the house or premises specified in such his license, nor any part or portion thereof, contrary to the form of the statute in such case made and provided, whereby the said A. B. has forfeited the sum of

pounds, this being

adjudged to be the first offence against the provisions of an act to regulate the granting of licenses to keepers of inns, alehouses, and victualling houses in England, besides the costs of this conviction, which we the said C. D. and E. F. the said justices do hereby assess at the sum of twenty shillings, pursuant to the statute in such case made and provided. Given, &c.

Conviction of a Licensed Publican for a First or Second Offence, against the Tenor of his License (9 G. IV. c. 61, s. 21) (c).

Be it remembered, that on this day of

in the year

to wit. A. B. of victualler, was duly convicted before C. D. and E. F. two of her majesty's justices of the peace for the county of acting for the division

the appeal; and removing causes by cerfiorari, on giving to the justice notice in writing of the intention to appeal, and the grounds of appeal, within five days after the decision, and at least seven days before the sessions, and entering into a recognizance with two sureties before a justice conditioned to prosecute the appeal, to abide the judgment of the court,

and to pay costs if awarded.

(c) All convictions are to be returned to the sessions, delivered to the clerk of the peace, and filed of record; and the certificate of the clerk of the peace of such conviction, which he is required to grant on demand upon payment of one shilling, is legal evidence of every such conviction, 9 G. IV. c. 61, s. 23.

of

for that he the said A. B. being licensed under the act made and passed in the ninth year of the reign of King George the Fourth, to regulate the granting of licenses to keepers of inns, alehouses, and victualling-houses in England, to keep an inn, alehouse, or victualling-house at the sign of the in the parish of in the division aforesaid of the county aforesaid, did on, &c. knowingly suffer certain unlawful games, that is to say, a certain unlawful game called rouge et noir, and a certain unlawful game called hazard, to be played in the house so licensed as aforesaid, against the tenor of the license so to him granted as aforesaid, and against the provisions of the said act relative to the maintenance of good order and rule, whereby the said A. B. has forfeited the sum of pounds, this being adjudged to be the first [or, second, as the case may be] (d) offence of the said A. B. against the said provisions of the said act to regulate the granting of licenses to keepers of inns, alehouses, and victualling-houses in England, besides the costs of this conviction, which we C. D. and E. F. the said justices, do hereby assess at the sum of twenty shillings, pursuant to the statute in such case made and provided. Given, &c. (e).

AUCTIONS.

Conviction of an Auctioneer for putting up Goods to Sale by Auction, without having previously taken out a License (19 G. III. c. 56, s. 3, replacing 17 G. III. c. 50, s. 3).

to wit.

} &c.

Information before two justices, setting forth that M. V. on, &c. st, &c. did, in the capacity of an auctioneer, put up to public sale by way of auction, and did then and there vend and sell by public sale by way of auction, divers goods and effects of the said M. V. without first taking out a license in the manner prescribed by the statute in that case made and provided; whereby, and by force of the said statute, the said M. V. hath for his said offence forfeited the sum of 50%. one moiety, &c. &c. [Summons, appearance, and plea of not guilty by the defendant] (ƒ). And thereupon, on the same day and year last aforesaid, at R. aforesaid, G. F. a credible witness, being sworn, &c. in the presence of the said M. V. does, upon his said oath, depose that, on the - day of in the year

he saw the said M. V. in the market-place in time of market, in the borough of R. in the county of Berks, mounted in a cart or rostrum, putting up goods to public sale by way of auction (g); and the said M. V. did then and there sell pub

(d) The peculiar language of this act, and the form given, clearly render it unnecessary to set forth the former conviction in a conviction for a second offence, which is generally necessary, the adjudication being in this respect sufficient.

(e) As to the proceedings in case of a third offence, see ante, p. 34.

(f) See ante, general form of conviction, sect. 4.

(g) Of this conviction, it is observed by Mr. Paley (p. 99), that the words of the act, 17 G. III. c. 50, (which de

scribes the offence, and which description has been adopted by the subsequent statutes on the same subject, 19 G. III. c. 56, &c.; the latter not altering the nature of the offence, but only enacting additional regulations, and increasing the amount of the duties,) on which this is framed, make the offence to consist in "exercising the trade or occupation of an auctioneer, at any sale by outcry, or any other mode of sale by auction, or acting in such capacity, without having first taken out a license;" and, therefore, that a single act of so selling is