Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
(3) Every rule under this Act shall be laid before each House of
Parliament forthwith, and, if any address is presented to His Majesty
by either House of Parliament within the next subsequent thirty days
on which the House has sat next after any such rule is laid before
it, praying that the rule may be annulled, His Majesty in Council
may annul the rule, and it shall thenceforth be void, but without
prejudice to the validity of anything previously done thereunder.
SUPPLEMENTAL
=19.= Nothing in this Act shall affect the prerogative of mercy, but
the Secretary of State on the consideration of any petition for the
exercise of His Majesty’s mercy, having reference to the conviction
of a person on indictment or to the sentence (other than sentence of
death) passed on a person so convicted, may, if he thinks fit, at any
time either--
(_a_) refer the whole case to the Court of Criminal Appeal, and
the case shall then be heard and determined by the Court
of Criminal Appeal as in the case of an appeal by a person
convicted, or
(_b_) if he desires the assistance of the Court of Criminal
Appeal on any point arising in the case with a view to the
determination of the petition, refer that point to the
Court of Criminal Appeal for their opinion thereon, and the
Court shall consider the point so referred and furnish the
Secretary of State with their opinion thereon accordingly.
=20.= (1) Writs of error, and the powers and practice now existing in
the High Court in respect of motions for new trials or the granting
thereof in criminal cases, are hereby abolished.
(2) This Act shall apply in the case of convictions on criminal
informations and coroners’ inquisitions and in cases where a person
is dealt with by a court of quarter sessions as an incorrigible
rogue under the Vagrancy Act, 1824, as it applies in the case of
convictions on indictments, but shall not apply in the case of
convictions on indictments or inquisitions charging any peer or
peeress, or other person claiming the privilege of peerage, with any
offence not now lawfully triable by a court of assize.
(3) Notwithstanding anything in any other Act, an appeal shall lie
from a conviction on indictment at common law in relation to the
non-repair or obstruction of any highway, public bridge, or navigable
river in whatever court the indictment is tried, in all respects
as though the conviction were a verdict in a civil action tried at
assize, and shall not lie under this Act.
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