Page:Ruffhead - The Statutes at Large - vol 9.djvu/69

A.D. 1762. Anno tertio Georgii III. C. n. 19 XVII. And be it further enacted by the Authority aforefaid, That no Certiorari, Letters of Ad- No Conviflion, &c. re- vocation, or of Sufpenfion, (hall be granted to remove any Conviction or other Proceedings had moveable by Certiorari, thereon in purfuance of this Act. XVIII. Provided always, and be it further enacted by the. Authority aforefaid, That if any Per- p "fons aggrieved by the fon convicted of any Offence punifhable by this Aft, {hall think him, her or themfelves aggrieved ^T^illo the Q^r- by the Judgment of any Juftice or Juftices before whom he, fhe or they fhall have been convicted,' ter Seflfons -° " "" fuch Perfcn fnall have Liberty, from time to time, to appeal to the Jufiices at the next General or General Quar'ter-Seffions of the Peace which fhall be held for the County, Riding, Divifion, City, Liberty, Town or Place where fuch Judgment fhall have been given ; and that the Execution of the faid Judgment fhall, in fuch Cafe, be fufpended ; the Perfon fo convicted entering into a Re- entering into a Recogni- cognizance at the Time of fuch Conviction, with two fufficient Sureties, in double the Sum which zance > with Sureties to fuch Perfon fhall have been adjudged to payor forfeit, upon Condition to profecute fuch Appeal P roftcute the Appeal, with Effect, and to be forth-coming, to abide the Judgment and Determination of the Juftices at their faid next General or General Quarter- Seffion ; which Recognizance the Juftice or Juftices, before whom fuch Conviction fhall be had, is and are hereby impowered and required to take; and Juftices at the Quirter the Juftices in the faid General or General Quarter- Seffion are hereby authorized and required to Scfflons t0 ' lear and d<3 " hear and finally determine the Matter of every fuch Appeal, and to award fuch Colts as to them fhall £ r ™£ e ™ ^"award appear juft and reafonable to be paid by either Party ; and if upon hearing the faid Appeal the Judg- coft;. ' ' ment of the Juftice or Juftices before whom the Appellant or Appellants fhall have been convicted, fhall be affirmed, fuch Appellant or Appellants fhall immediately pay down the Sum he, fhe or they fhall have been adjudged to forfeit, together with fuch Cofts as the Juftices in their faid General or General Quarter-Seffions fhall award to be paid to the Profecutor or Informer for defraying the Ex- pences fuftained by reafon of any fuch Appeal ; and in Default of the Appellants paying the fame, On the Appeal being af- any Juftice or Juftices having Jurifdiction in the Place into which any fuch Appellant or Appellants firmed, the Appellant fhall efcape, or where he, fhe or they fhall refide, fhall and may, by Warrant under their Hands' may be committed till and Seals, or his Hand and Seal, commit every fuch Appellant and Appellants to the Common Gaol Pa - vment of the Cofts > of the County, Riding, Divifion, Liberty, City, Town or Place where he, fhe or they fhall be ap- prehended, there to remain until he, fhe or they fhall pay the Penalty or Money forfeited and Cofts as aforefaid, or fhall compound in refpect thereof with the Informer, and pay the Compofi- orCompofition be rrfade. tion-money agreed on to the Informer; but if the Appellant or Appellants in any fuch Appeal fhall Ifthe Appellant make make good his, her or their Appeal, and be difcharged of the faid Conviction, reafonable Cofts fliall good his Appeal, reaion- be awarded to the Appellant or Appellants, *Sgainft fuch Informer or Informers, who (in cafe of fuch him. * " he - imrisi Conviction having been affirmed) would have been intitled to the Penalty to have been recovered as aforefaid ; and which Cofts fliall and may be recovered by the Appellant or Appellants againft any fuch Informer or Informers, in like Manner as Cofts given at any General or General Quarter-Sef- fion of the Peace are recoverable. XIX. Provided always, and be it further enacted by the Authority aforefaid, That if any fuch Where there is not fuffi- Conviction fliall happen to be made within fix Days before*any General or General Quarter-Sef- ='ent Time between th; fion of the Peace, which fhall beheld for the County, Riding-, Diyifion, City, Town Corporate,, Appeal mavTe made"o Borough or Place where fuch Conviction fhall have been made; then, the Party or Parties who fliall the ad Quarter- Seffion. think him, her or themfelves aggrieved by any fuch Conviction, fhall and may, on entering into a Recognizance in Manner and for the Purpofes before directed, be at Liberty to appeal, either to the then next or to the next following General or General Quarter- Seffion of the Peace which fhall be held for any fuch County, Riding, Divifion, City, Town Corporate, Borough, Liberty or Place where any fuch Conviction fhall have been made. XX. And be it further enacted by the Authority aforefaid, That every Action or Suit which fliall Limitation of Afiions be brought or commenced againft any Juftice or Juftices, or any Peace Officer or Officers, in that bought againft juftices, Part of Great Britain called England, for any Matter or Thing done or committed by virtue of or and Peace officcrs - under this Act, fhall be commenced within fix Calendar Months next after the Fact committed, and not afterwards, and fliall be laid or brought in the County, City or Place where the Matter in Difpute fhall arife, and not el-fe where ; and that the Statute made in the twenty-fourth Year of King Afl34Geo. z. r.44. George the Second, intituled, An Aafor rendering the Juftices of the Peace morefafe in the Execution ratended t0 M™> ac < of their Office ; and for indemnifying Conjtablcs, and others, ailing in Obedience to their Warra:.tt ; fo far "PS" 11 er l ls • as the faid Act relates to the rendering the Juftices more fafe in the Execution of their Office ; fhall extend, and be eonftrued to extend, to the Juftice or Juftices of the Peace acting under the Autho- rity or in purfuance of this Act ; and that no Action or Suit fhall be had or commenced againft, nor Notice to be given to fhall any Writ be fued out, or Copy of any Writ be ferved upon any Peace Officer or Officers, for Peac ^ ffi L e "' b f°^ any Thing done in the Execution 'ei this Ait, until feven Days after a Notice in Writing- (hall have »J m ft r t 'hem ^ been given to or, left for him or them, at his or their ufual Place of Abode, by the Attorney for the ' Party intending to commence fuch Action ; which Notice fliall contain the Name and Place of Abode of the Perfon intending to bring fuch Action, and alio of his Attorney, and likewife the Caufe of Action or Complaint: And any Peace Officer or Officers fliall be at Liberty, and may, by and if Tender of Amends - virtue of this Act, at any Time within feven Days after any fuch Notice fhall have been given to be made h y thenl ' or left for him, tender or caufe to be tendered any Sum or Sums of Money, as Amends for the Injury complained of, to the Party complaining, or to the Attorney named in any fuch No- tice ; and if the fame is not accepted of, the Defendant or Defendants in any fuch Action or Aflions may plead fuch Tender in Bar of fuch Action or Actions, together with the General Iflue, or any other Plea, with Leave of the Court in -which the Action fhall be commenced : D 2 And