other divisions of the High
Court or to the court of appeal, or to the court of criminal appeal.
The king's bench division exercises appellate jurisdiction in the
following cases.
With respect to decisions of justices of the peace sitting at quarter
sessions, or as a court of summary jurisdiction, except in the case
above stated, the subject matter of appeal is for the most part of a
criminal or quasi-criminal character, the civil jurisdiction of justices
being comparatively limited. The appeal in such cases is as to matters
of law only, the justices' decision on facts not being subject to
review.
In the case of the courts above named, the appeal is brought by writ of
_certiorari_, where the jurisdiction of quarter sessions to give the
judgment challenged is denied _in toto_, or in some cases by writ of
_habeas corpus_, where the appellant is in custody under an order of the
court appealed from (Judicature Act 1894, S 2). The best example of this
is the right of a fugitive criminal committed for extradition to
challenge the legality of the decision of the committing magistrate by
writ of _habeas corpus_. Save in cases of want of jurisdiction or
refusal to exercise it, no appeal lies from quarter sessions except by
consent of the court appealed from, which states the facts as
ascertained by the inferior court, and invites the review of the
superior court upon the questions of law raised by the facts as found.
Decisions of justices sitting in the exercise of summary jurisdiction
are subject to review by a special case in which the justices state the
facts found by them and their decision on the points of law, and invite
the review of the appellate court on these grounds. Such cases for
appeal are usually stated by consent of the justices, but in the event
of their refusal the appellate court may order that a case shall be
stated.
Decisions of justices in the exercise of summary jurisdiction may also
be challenged by writ of _certiorari_ as having been wholly outside
their jurisdiction; and in such proceeding the appellate tribunal may
review the evidence taken below so far as to ascertain whether the
justices have by an erroneous finding of fact enabled themselves to
assume a jurisdiction which upon the true facts they did not possess.
Where the decision appealed from is in a criminal cause or matter the
decision of the High Court is final. Where it is in a civil matter a
further appeal also lies to the court
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