appeal. The court of appeal may also make such order as to costs to be paid by either party as the court thinks just. (v) COURT OF SUMMARY JURISDICTION.-See n. (i), ante, p. 89. (w) RECOGNIZANCE.-The notice of appeal must be given to the magistrate or the justices (see sect. 13 (4) post) by whom the conviction is made; the recognizance may be entered into before any justice. (x) RELEASE FROM CUSTODY.-If a defendant has been convicted and sentenced to imprisonment without the option of paying a fine (see note (k), supra, p. 90), and has been imprisoned accordingly, his right of appeal is not taken away, provided he give notice and enter into the requisite recognizance before the expiration of seven days after the conviction. In such a case it is discretionary with "the justice" (not necessarily the convicting justices; see last note), to release the defendant from custody. If he is so released, the imprisonment he has undergone by his delay in giving notice of appeal could not be taken into account. If the justice does not "think fit" to release the defendant, as the appeal may be to a sessions held four months after conviction, the whole term of imprisonment may have expired before the appeal comes on for hearing. And supposing a pecuniary penalty has been imposed, and paid under the pressure of distress, by the defendant, and afterwards, within the seven days he gives due notice of appeal, it does not appear what is to be done with the money which the defendant has so paid. (But see the next note.) (y) ORDER OF COURT OF APPEAL.-Possibly under this subsection, where a defendant had paid a pecuniary penalty and succeeded on his appeal, the court of appeal might have power to order the money to be repaid to the defendant; but they could do nothing where a defendant had already undergone imprisonment. (See the last note). 13. In this Act, Definitions. General definitions: mary Juris Act." The expression " the Summary Jurisdiction Act" (aa) means the Act of the session of the eleventh and "The Sumtwelfth years of the reign of Her present Majesty, diction chapter forty-three, intituled "An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales with respect to summary convictions and orders," inclusive of any Acts amending the same; and The expression "court of summary jurisdiction means ""Court of summary jurisdiction." (1.) As respects the city of London, the Lord Mayor or any alderman of the said city sitting at the Mansion House or Guildhall justice room; and (2.) As respects any police court division in the police magistrate sitting at the police court (3.) As respects any city, town, liberty, borough, (4.) Elsewhere, any justice or justices of the peace to whom jurisdiction is given by the Summary Jurisdiction Act (aa): Provided that, as re Definitions of "muni spects any case within the cognizance of such justice or justices as last aforesaid, an information under this Act shall be heard and determined by two or more justices of the peace in petty sessions sitting at some place appointed for holding petty sessions. Nothing in this section contained shall restrict the jurisdiction of the Lord Mayor or any alderman of the city of London, or of any metropolitan police or stipendiary magistrate, in respect of any act or jurisdiction which may now be done or exercised by him out of court. (aa) SUMMARY JURISDICTION ACT, 11 & 12 Vict. c. 43 (commonly called "Jervis's Act.")-See sect. 10 of this Act, ante, p. 98. 14. The expression "municipal authority" (bb) in this cipal autho- Act means any of the following authorities, that is to 66 rity" and public company." say, the Metropolitan Board of Works, the Common Council of the city of London, the Commissioners of Sewers of the city of London, the town council of any borough for the time being subject to the Act of the session of the fifth and sixth years of the reign of King William the Fourth, chapter seventy-six, intituled, “ An Act to provide for the Regulation of Municipal Corporations in England and Wales," and any Act amending the same, any commissioners, trustees, or other persons invested by any local Act of Parliament with powers of improving, cleansing, lighting, or paving any town, and any local board. Any municipal authority or company or contractor who has obtained authority by or in pursuance of any general or local Act of Parliament to supply the streets of any city, borough, town, or place, or of any part thereof, with gas, or which is required by or in pursuance of any general or local Act of Parliament to supply water on demand to the inhabitants of any city, borough, town, or place, or any part thereof, shall for the purposes of this Act be deemed to be a municipal authority or company or contractor upon whom is imposed by Act of Parliament the duty of supplying such city, borough, town, or place, or part thereof, with gas or water. (bb) MUNICIPAL AUTHORITY.-See sect. 4, ante, p. 88. ously" in construed as in Malicious Property 15. The word "maliciously" (cc) used in reference to "Maliciany offence under this Act shall be construed in the this Act same manner as it is required by the fifty-eighth section Injuries to of the Act relating to malicious injuries to property, Act. that is to say, the Act of the session of the twentyfourth and twenty-fifth years of the reign of Her present Majesty, chapter ninety-seven, to be construed in reference to any offence committed under such lastmentioned Act (dd). (cc) See sects. 4, 5, supra, pp. 88, 91. (dd) 24 & 25 VICT. C. 97, S. 58.—"Every punishment and forfeiture by this Act imposed on any person maliciously committing any offence, whether the same be punishable upon indictment or upon summary conviction, shall equally apply and be enforced, whether the offence shall be committed from malice conceived against the owner of the property in respect of which it shall be committed or otherwise." Saving as to sea service. Saving Clause. 16. Nothing in this Act shall apply to seamen or to apprentices to the sea service. Repeal. Repeal of 17. On and after the commencement of this Act, there shall be repealed : I. The Act of the session of the thirty-fourth and thirty-fifth years of the reign of Her present Majesty, chapter thirty-two, intituled "An Act to amend the Criminal Law relating to violence, threats, and molestation;" and "The Master and Servant Act, 1867," (ee) and the enactments specified in the First Schedule to that Act, with the exceptions following as to the enactments in such Schedule (that is to say), (1.) Except so much of sections one and two of |