Reserving points of law. It was long the practice for a judge at the assizes to reserve points of law for consideration by the full Court (for which he was sitting as Commissioner) at Westminster, and this practice, recognised by s. 34 of the Common Law Procedure Act, 1854, which conferred a right of appeal, was kept up by s. 46 of the Judicature Act, 1873, and R.S.C. Ord. XXXVI., r. 22, of the Rules of 1875. But s. 17 of the Appellate Jurisdiction Act, 1876, and R.S.C. Ord. XXXVI., r. 22A (now rescinded), substituted for this procedure the argument of the point on 'further consideration' before the judge himself, and now by R.S.C. Ord. XXXVI., r. 39, the judge shall, at or after trial, direct judgment to be entered as he shall think right, and no motion for judgment shall be necessary.
As to the reserving points of law at sessions or assizes, see Crown Cases Act, 1848; Judicature Act, 1873, s. 47 [see now Jud. Act, 1925, s. 31 (1) (a)], and Judicature Act, 1875, s. 19 [see now (English) Jud. Act, 1925, s. 103 (2)]; and title CROWN CASES RESERVED.
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