Special case. By (English) R.S.C. 1883, Ord. XXXIV., the parties may, after writ issued, concur in stating the questions of law arising in the action in the form of a special case for the opinion of the Court, and 'if it appear to the Court or a judge that there is in any action a question of law which it would be convenient to have decided before any evidence is given or any question or issue of fact is tried, or before any reference is made to a referee or an arbitrator, the Court or judge may make an ordr accordingly, and may direct such question of law to be raised for the opinion of the Court, either by special case, or in such other manner as the Court or judge may deem expedient.' Similar power is given to referees to state a case by Ord. XXXVI., r. 52, and see the (English) Administration of Justice Act, 1932 (22 & 23 Geo. 5, c. 55). As to special case before the Judicature Acts, see (English) C.L.P. Act, 1852, ss. 42-48, and 13 & 14 Vict. c. 35 [(English) Turner's Act]. Where at a trial in a Court of oyer and terminer, gaol delivery, or quarter sessions, any question of law arises on motion in arrest of judgment (or even independently of such motion), which such Court finds too difficult for its determination, it as empowered by the Crown Cases Act, 1848 (11 & 12 Vict. c. 78) (see now CROWN CASES RESERVED), to reserve the question and to state it in the form of a special case for the judges of the superior courts as a Court of criminal appeal, and in the meantime to postpone the judgment, or respite the execution of it.
As to cases stated by justices, see the (English) Summary Jurisdiction Act, 1957, and (English) Summary Jurisdiction Act, 1879, s. 33, by which any person aggrieved by a conviction, order, determination, or other proceeding of a Court of summary jurisdiction, and desirous of questioning the same on the ground of its being erroneous in point of law, may appeal from the same to the High Court by special case stated by the justices. The (English) Summary Jurisdiction (Appeals) Act, 1933 (23 & 24 Geo. 5, c. 38) does not affect an appeal by way of special case under s. 33 of the 1879 Act. Justices at quarter sessions also, to whom there is an appeal from courts of summary jurisdiction both on points of law and fact, may state a special case on any point of law for the opinion of the High Court [(English) Criminal Justice Act, 1925 (15 & 16 Geo. 5, c. 86), s. 20]; and see (English) Arbitration Act, 1934 (24 & 25 Geo. 5, c. 14), s. 9, as to special cases on points of law by arbitrators.
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