P-15 - Summary Convictions Act

Full text
76. Unless it be otherwise ordered in some special act,—
(1)  If a conviction or order be made more than fourteen days before the term of the court to which an appeal is given, such appeal shall be made to that term; but if the conviction or order be made within fourteen days of a term, the appeal shall be made to the second term next after such conviction or order;
(2)  The appellant shall give notice of his intention to appeal by filing in the office of the clerk of the Crown a notice in writing setting forth with precision the conviction or order appealed against. The notice shall be served upon the respondent and the justice of the peace who pronounced the conviction or issued the order, and also upon such person or persons as a judge of the court shall direct. Such service shall be within ten days of the judgment pronouncing the conviction or the issuing of the order complained of, or within such further time, not exceeding twenty days, as such judge may see fit to fix either before or after the expiration of the said ten days;
(3)  Any written proceeding required or authorized in this Part shall be served in the manner prescribed in the Code of Civil Procedure;
(4)  Filing of the notice of appeal shall suspend the execution of judgment;
(5)  A judge of the court may, upon motion, where the appeal appears to be dilatory or for any other special reason, order the appellant to furnish, within the delay he sets and under penalty of dismissal of the appeal, security in a specified amount to guarantee, in whole or in part, the payment of the costs of appeal and the amount of the condemnation, if the judgment is upheld;
(6)  Paragraph 5 does not apply to the Attorney General;
(7)  Subject to paragraph 5, where the appellant is sentenced to imprisonment and is in custody, a judge of the court shall, upon motion, liberate such person.
R. S. 1964, c. 35, s. 73; 1975, c. 11, s. 4.