in the conviction; and, unless otherwise specially provided, all fines recovered by such Court shall be applied and disposed of in the same manner as other fines imposed by a Justice of the Peace." (Ib. s. 119.)

"In case a

APPEALS IN CASES OF SUMMARY CONVICTION. person, complainant or defendant, thinks himself aggrieved by an order, decision or conviction before any Justice or Justices of the Peace, Mayor, or Police Magistrate, in any matter cognizable by such Justice or Justices of the Peace, Mayor, or Police Magistrate, not being a crime, then in case, within four days after the conviction, order or decision, and eight days before the first Quarter Sessions of the Peace to be held not sooner than twelve days next after such order, decision or conviction, the party aggrieved gives to the other party, or leaves with the convicting Justice for him, a notice in writing of his intention to appeal, and of the cause and matter thereof; and in case of an appellant in custody, if he either remains in custody until such Sessions, or enters into a recognizance with two sufficient sureties before a Justice of the Peace, conditioned to appear at the said Quarter Sessions, and try such appeal, and to abide the judgment of the Court thereupon, and to pay such costs as shall be by the Court awarded; or in case the appellant be on bail, if he enters into such recognizance as aforesaid; such appellant may appeal to such Court of Quarter Sessions, and such Court shall at such Sessions hear and determine the matter of such appeal, and make such order therein, with or without costs to either party, as to the Court seems meet and in case of the dismissal of the appeal, or of the affirmance of the order, decision or conviction, the Court shall order and adjudge the order, decision or conviction to be enforced, and the appellant to pay such costs as may be awarded, and shall if necessary issue process for enforcing the judgment of the Court." (Con. Stat. U. C. c. 114, sec. 1.)

"In case a party in custody has given notice of appeal, and entered into a recognizance according to the provisions of the foregoing section, then the Justice before whom such recognizance was entered into shall liberate such party.” (Ib. s. 2.)

"Whenever any appeal is made from the decision, order or conviction of any Justice, Mayor or Police Magistrate, the Court of Quarter Sessions appealed to shall, at the request of either appellant or respondent, empannel a jury to try the matter on which such decision has been made, and shall administer to such jury the following oath :- You do solemnly swear that you will well and truly try the matter of the complaint of C. D. against E. F., and a true verdict give, according to the evidence. So help you God.' And the Court, on the finding of such jury, shall thereupon give such judgment as the circumstances of the case require, not however exceeding the amount of penalty or period of imprisonment that might have been imposed or awarded under any law giving cognizance to the convicting Justice, Mayor or Police Magistrate." (Ib. s. 3.)

"Any appellant may abandon his appeal by giving the opposite party notice of such intention in writing six days before the Sessions appealed to; and thereupon the convicting Justice, Mayor or Police Magistrate may tax the respondent's additional costs, if any, and add the same to the original costs, and proceed on the original order, decision or conviction, in the same manner as if there had been no appeal thereon." (Ib. s. 4.)

"An appeal shall lie in like manner from all decisions, orders and convictions made by any Justice of the Peace, or by any person authorized to act in that capacity, upon complaints against any person for committing any offence against any by-law of any Municipal Council." (Ib. s. 5.)

"In this Act the words 'Quarter Sessions' include Recorder's Courts." (Ib. s. 6.)

APPEALS FROM QUARTER SESSIONS AND RECORDER'S COURTS.— "When a person has been convicted of any treason, felony or misdemeanor, before a Court of Oyer and Terminer, or Gaol Delivery, or Quarter Sessions, such person may apply for a new trial upon any point of law or question of fact, in as ample a manner as any person may apply to the Superior Courts of common law for a new trial in a civil action." (Con. Stat. U. C. c. 113, s. 1.)

"When the conviction takes place at a Court of Quarter Sessions, the application for a new trial shall be to such Court." (Ib. s. 6.)

"In such case, if the conviction be affirmed, a further appeal shall lie to either of the Superior Courts of common law." (Ib. s. 7.)

"In the event of such an appeal, the Court of Quarter Sessions shall state, in a case to be prepared by the appellant, and approved by the Court, and signed by the chairman or Recorder, the question or questions of law or fact upon which the new trial was applied for, together with the circumstances upon which the same arose, and the judgment of the Court, with the reasons therefor." (Ib. s. 8.)

"The case shall be transmitted by the Court of Quarter Sessions to one of the Superior Courts of common law, on or before the first day of the term of the Superior Court next after the time when the rule or order appealed from was made." (Ib. s. 9.)

"The judgment of the Superior the Quarter Sessions shall be final.

Court on the appeal from (Ib. s. 10.)

"In this Act the words 'Quarter Sessions' include Recorder's Courts." (Ib. s. 18.)

Ꭺ Ꭱ Ꭱ Ꭼ Ꮪ Ꭲ .

The duty of a constable in case of arrest is clearly laid down in Con. Stat. C. c. 102, s. 25. (Ante, p. 35.)

HOW AN ARREST IS MADE.-In executing a warrant, the arrest is to be made by laying hold of, or at least securing, the person of the party to be arrested; for without this it is not a legal arrest.

ARREST OF OFFENDERS CAUGHT IN THE ACT.- "Any person found committing an offence, punishable either upon indictment or upon summary conviction, may be immediately apprehended by any peace officer, without a warrant, or by the owner of the property, on or with respect to which the offence is committing, or by his servant or any other person authorized

by such owner, and shall be forthwith taken before some neighbouring Justice of the Peace, to be dealt with according to law." (Con. Stat. C. c. 99, s. 1.)

ARREST OF PERSONS IN POSSESSION OF GOODS SUPPOSED TO HAVE BEEN STOLEN.—“In case any person to whom any property is offered to be sold, pawned or delivered, has reasonable cause to suspect that any such offence has been committed, on or with respect to such property, he may, and if in his power, shall apprehend and forthwith carry before a Justice of the Peace the party offering the same, together with such property, to be dealt with according to law."† (Ib. s. 3.)

ARREST OF OFFENDERS CAUGHT IN THE ACT IN THE NIGHT.— "Any person may apprehend any other person found committing any indictable offence in the night, and shall convey or deliver him to some constable or other person, in order to his being taken, as soon as conveniently may be, before a Justice of the Peace, to be dealt with according to law."+ (Ib. s. 4.)

WHEN A CONSTABLE MAY ARREST WITHOUT A WARRANT.— Any constable or peace officer may, without a warrant, take into custody any person whom he finds lying or loitering in any highway or other place at night, whom he has good cause to suspect, and may detain such person until he can be brought before a Justice, and dealt with according to law.” (Ib. s. 5.)

Persons who steal from gardens may and should be arrested under the first section, without warrant.

A constable who makes an arrest under this section before he has taken the oath of office, as directed by 23 Vic. c. 8, s. 2, is liable to an action. (See article 'Constable.")

When a person is brought before a Justice under the authority of this section, he should forthwith receive the statement of the person to whom the property was so offered in an information, and have him make oath to it; and if the stated value of the article offered be so much greater than the price asked, or any other circumstances raise a presumption of guilt, the prisoner should be remanded, and the constable instructed to advertise the property, or take other proceedings necessary to learn the name of the owner.

While sections 1 and 3 confine the right to arrest to certain persons, this section enables any person to arrest a person found committing any indictable offence. By authority of this section, not only the police, but all others have the power to arrest persons committing in the night assaults, or carrying unlawful weapons (such as iron knuckles, scull-crackers, or pikes), or found uulawfully drilling.

DETENTION OF PERSONS ARRESTED.

"No person, having been apprehended as last aforesaid, shall be detained after noon of the following day, without being brought before a Justice of the Peace." (Ib. s. 6.)

ARRESTS FOR ALLEGED BREACHES OF THE PEACE.-" "In case any person complains to a chief of police, or to a constable or bailiff, in a town or city, of a breach of the peace having been committed, and in case such officer has reason to believe that a breach of the peace has been committed, though not in his presence, and that there is good reason to apprehend that the arrest of the person charged with committing the same is necessary to prevent his escape, or to prevent a renewal of the breach of the peace, or to prevent immediate violence to person or property, then if the person complaining gives satisfactory security to the officer that he will without delay appear and prosecute the charge before the Police Magistrate, or before the Mayor or sitting Justice, such officer may, without warrant, arrest the person charged, in order to his being conveyed as soon as conveniently may be before the Magistrate, Mayor or Justice, to be dealt with according to law." (Con. Stat. C. c. 54, s. 393.)

ARSON.*

OF HOUSES CONTAINING PERSONS.-"If any person unlawfully and maliciously sets fire to any dwelling-house, any person being therein, such offender shall be guilty of felony, and shall suffer death." (Con. Stat. C. c. 93, s. 1.)

The evidence in behalf of the Crown, in cases of arson, is invariably circumstantial; and when such a case comes before a Justice, he should, if necessary, adjourn the case from time to time, and allow the detective or constable time to bring out all possible evidence.

To prove arson there must be an actual burning, though it is not necessary that the flame should be visible. The burning must be malicious and wilful; therefore no burning from accident or carelessness can be indicted as arson. The result need not exactly correspond with the intent; for if a man sets fire to a haystack, and the fire communicates with the barn, he may be indicted for burning the barn. Setting fire to one's own house is a felony, if a neighbouring house catches fire from it, and one punishable with death, if there be any person in either house. It is a misdemeanor only when houses the property of, or