ions judge differs from the jury
(S 307), the matter must be referred to the High Court. On matters of
reference or revision the parties have no right to be heard.
Provision is also made for appeals by c. 31 of the Code. Appeals from
second- or third-class magistrates are dealt with by the district
(first-class) magistrate (S 407). Persons convicted on trial by
assistant sessions judges or first-class magistrates, except in cases
where the punishment is very small, have an appeal to the sessions judge
(SS 408, 413). A person convicted on trial by the sessions judge has an
appeal to the High Court (S 410), but where he has pleaded guilty the
only point on which appeal is open is the legality or extent of sentence
(S 412). Special provision is made as to appeals by persons born in
Europe (whether British subjects or not) and Americans (SS 408, 415, and
c. 33).
In criminal cases there is a right of appeal to the king in council in
certain cases provided for by the charters of the chartered high courts
(see Ilbert, _Government of India_, Oxford, 1898, p. 137).
An appeal also lies in certain cases from the courts of British officers
in feudatory states of India to a high court in India, and from the
courts of Aden and Zanzibar and British East Africa to the High Court of
Bombay. Appeals do not lie from the courts of native states to British
courts in India, though in some cases there is an appeal of a political
rather than judicial nature from the judicial tribunals of feudatory
states; e.g. in the case of Kathiawar (_Hemchand Derchand_ v. _Azam
Sakarlal_; 1906. L.R. A.C. 212).
_Canada._--In Canada each province has the regulation of its own courts
of justice. In Ontario the judiciary are organized, under the Provincial
Judicature Acts, in much the same manner as in England; and the review
of decisions of inferior courts (by appeal or other proceedings based on
English practice) is in the hands of the High Court of Justice, subject
to appeal to the provincial court of appeal. In Quebec the highest court
(king's bench), besides its original jurisdiction, has appellate
jurisdiction over the superior court (see Quebec Civil Procedure Code,
art. 1114 _et seq_.). The jurisdiction is exercised by writ of error or
by appeal, according to the nature of the decision appealed from. The
judges of the superior court have also, under art. 494, power to review
before three judges decisions of a judge of that court or of a circuit
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