seal does not make it invalid (a), and a warrant of commitment, under the seal of the Court, or signature of the chairman, is not necessary. (b) An attorney-at-law has no right to act as an advocate in a Court of Quarter Sessions, (c) and it is not in the power of County Court Judges to allow attorneys who are not barristers, to practise before them, as advocates in County Courts. (d) It seems that the Judges of every Court have power to regulate its proceedings, as to who shall be admitted to act as advocates, and that there is no positive rule of law to prevent any Court of justice from allowing the attor ney, even of a private individual, from acting as an advocate. (e) But it would seem that these remarks can only hold when there is no Statute excluding the person permitted to act. (ƒ) The 32 & 33 Vic., c. 30, s. 35, gives Justices power to proceed in private, and thereby to prevent counsel, attorney, or any other person, from appearing in behalf of the accused. (g) But, under c. 31 of the same year, ss. 29 and 30, counsel have a right to be heard. Defendant having been convicted, at the Quarter Sessions, in June, 1863, judgment was reserved, and a special case stated for the opinion of the Court of Common Pleas The questions thus reserved not having been heard or disposed of, the case was duly adjourned, from time to time, and was again brought up at the Sessions in March, 1864, upon motion for judgment, on the part of the prosecution, and a rule nisi granted for a new trial in the fourth sittings of the Sessions after conviction. The rule (a) Fraser v. Dickson, 5 U. C. Q. B. 234, per Robinson, C. J. b) Ovens v. Taylor, 19 U. C. C. P. 49. (c) Reg. v. Erridge, 3 U. C. L. J. 32. (d) Re Brooke, 10 U. C. L. J. 49. See also Re Lapenotiere, 4 U. C. Q. B. 492. (e) Reg. v. Carter, 15 L. C. R. 295-6, per Meredith, J. (f; See Re Judge, C. C. York, 31 U. C. Q. B. 267. (g) See ib. 271. nisi was afterwards discharged. The defendant appealed from that decision:-Held, that, as before the rule nisi was granted, a case was stated under the Con. Stats. U. C., c. 112, s. 2, which had not been heard or disposed of, and, as the third section of the Act provides that the Superior Court shall, in such case, hear, and finally determine, the questions stated, the Court of Sessions were no longer in possession of the matter, either to pass sentence or to grant a new trial; that there was nothing legally before this Court, and that it could not be called. on to review the decision of the Court of Sessions. (a) The power of fining and imprisoning, necessary to constitute a Court of Record, must be a general power, and a limited power of fining and imprisoning, such as the power to impose a specific pecuniary penalty and a certain number of days' imprisonment, does not constitute a Court of Record. (b) A Court of Quarter Sessions, being a Court of Record, has jurisdiction to fine for contempt of Court; and a counsel was fined for using insulting language to a juryman, and thereby obstructing the business of the Court. The Court of Queen's Bench will exercise a supervision in such cases, and see that the inferior Court has not exceeded its jurisdiction. (c) Where an indictment will lie for a misdemeanor, an information may also be sustained. (d) Formerly any person might file a criminal information in the Queen's Bench, for a misdemeanor, against any other, and such informations were frequently resorted to, as a means of extorting money. (e) The abuse was ef fectually put a stop to by the 4 & 5 W. & M., c. 18, which (a) Reg. v. Boultbee, 23 U. C. Q. B. 457. (b) Young v. Woodcock, 3 Kerr, 554. (c) Re Pater, 5 B. & S. 299; 10 Jur. N. S. 972. (d) Reg. v. Mercer, 17 U. C. Q. B. 630-1, per Burns, J. (e) Arch. Cr. Prac. 17. enacts "The Clerk of the Crown, in the King's Bench, shall not, without express orders given by the Court in open Court, receive or file any information for a misdemeanor before he shall have taken, or shall have delivered to him, a recognizance, from the person procuring such information, to be exhibited in the penalty of £20, conditioned to prosecute such information with effect." The remedy, by criminal information, obtains in Quebec, and the duties and powers of the Clerk of the Crown, in such cases, are analogous to those of the Master of the Crown Office, or Clerk of the Crown in England. (a) A party, applying for a criminal information, must declare that he waives all other remedies, whether by civil action or otherwise. (b) It is an established rule, that no application for a criminal information can be made against a Justice, for anything done in execution of his office, without previous notice. (c) The Justice is entitled to six days' notice of the motion; and the motion must be made in time to enable the party accused to answer the same term. (d) Where the motion was made after two terms had been suffered to pass, and after a Court of Oyer and Terminer had been held in the District, it was refused. (e) A motion for a rule for a criminal information, once discharged for irregularity or insufficiency of proof, cannot be renewed by amending the irregularity or supplying the deficiency of proof. The person, in whose behalf the application is made, (a) Ex parte Gugy, 9 L. C. R. 51. (b) Ib. See also R. v. Sparrow, 2 T. R. 198; Wakley v. Cooke, 16 M. & W. 822. (c) R. v. Heming, 5 B. & Ad. 666. (d) Reg. v. Heustis, 1 James, 101; Re Complaint Bustard v. Schofield, 4 U. C. Q. B. O. S. 11. (e) Lo cannot move the rule in person. (u) The motion must be made by a barrister or counsel. (b) To support a motion for leave to file a criminal information against a Justice of the Peace, the affidavits should not be entitled in a suit pending. (c) A criminal information must be signed by the Clerk of the Crown or Master of the Crown Office. (d) An information in the name of the Attorney-General will be dismissed with costs, on an exception à la forme, it being signed by certain attorneys styling themselves procureurs du Procureur Général," inasmuch as the Attorney-General, when appearing for Her Majesty, cannot act by attorney. (e) 66 A criminal information by the Attorney-General of New South Wales, against a member of the Legislative Assembly of that colony, for an assault on a member, committed within the precincts of the House, while the Assembly was sitting, in addition to charging the assault in fit and apt terms, averred that such assault was "in contempt of the said Assembly, in violation of its dignity, and to the great obstruction of its business" :— Held, on demurrer, that the information was good, as the alleged contempt of the Legislative Assembly was the statement of a consequence resulting from the assault; and whether that consequence did or did not result from the assault, or whether it was a mere aggravation of the assault, was immaterial. The words did not alter the character, or the allegations with regard to the character, of the offence charged, and, if surplusage, they might be rejected. (ƒ) (a) Ex parte Gugy, 9 L. C. R. 51. (b) 1 Chit. Rep. 602. (c) Re Complaint Bustard v. Schofield, 4 U. C. Q. B. O. S. 11; R. v. Harri son, 6 T. R. 60. (d) Reg. v. Crooks, 5 U. C. Q. B. O. S. 733. (e) Atty. Genl. v. Laviolette, 6 L. C. J. 309. (f) Atty. Genl. v. Macpherson, L. R. 3 P. C. App. 268. A criminal information, being the mere allegation of the officer who files it, may be amended. (a) In an information for intrusion, the venue may be laid in any District, without regard to the local situation of the premises. (b) Where there is no proof that the defendant has been out of possession for twenty years, the defendant cannot, under a plea of not guilty to an information of intrusion, give evidence of title, under a Crown lease. (c) On applications for criminal informations, the Court is in the position of a Grand Jury, and requires the same amount of evidence as would warrant a Grand Jury in finding a true bill. (d) A rule nisi for a criminal information for libel having been obtained against J. S., on affidavits which stated that a copy of a newspaper had been purchased from a salesman in the office of the newspaper, and that, by a foot note to the newspaper, J. S. was stated to be the printer and publisher of the newspaper, and that the deponent believed J. S. to be the printer and publisher, the Court discharged the rule on the ground that the affidavit contained no legal evidence of publication, holding that such evidence was necesary, and that an affidavit on information and belief was not legal evidence. Semble, a defect in the affidavits, on which the rule nisi for a criminal information has been obtained, can be supplied by a statement in an affidavit of the defendant, made in shewing cause against the rule. (e) The affidavit, upon which the application is made, must disclose all the material facts of the case, and, if a material fact be suppressed or (a) Re Conklin, 31 U. C. Q. B. 167, per Wilson, J. (d) Ex parte Gugy, 9 L. C. R. 51. (e) Reg. v. Stanger, L. R. 6 Q. B. 352. |