Appeal
The orders and convictions of a court of summary jurisdiction are in many cases appealable to quarter sessions. The right to appeal is always dependent on the specific provisions of a statute. The Summary Jurisdiction Act 1879 gives a general power of appeal against an adjudication on conviction (but not on plea of guilty) to imprisonment without the option of a fine, whether as punishment for an offence or for failure to do or abstaining from doing any act, other than compliance with an order to pay money or find security or enter into recognizances or to find sureties (1879, s. 19). The procedure on the appeals is regulated and nade uniform by the acts of 1879, ss. 31, 32; and 1884. These provisions are supplementary of the particular provisions of many statutes authorizing an appeal.
The decisions of courts of summary jurisdiction on points of law are generally reviewed by a cans stated for the opinion of the High Court under the acts of 1857 and 1879, but are occasionally corrected by the common law remedies of mandamus, prohibition or certiorari. The application of the last-named remedy is restricted by many statutes. The court of appeal has jurisdiction to review judgments and orders of the High Court dealing with appeals, &c., from the decisions of justices in the exercise of their civil jurisdiction; but not when the subject-matter is a criminal cause or matter.
In proceedings between husband and wife for separation orders there is a special form of appeal on facts as well as law to the probate, divorce and admiralty division of the High Court (Summary Jurisdiction Act 1895; Licensing Act 1902, s. 5).
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