Page:Ruffhead - The Statutes at Large - vol 8.djvu/113

 A. D. 1757. Anno tricefimo Georgii II. C 24. 79 XIX. And be it further ena(5ted by the Authority aforefaid, That the Juftice or Juftices before whom Convlflion to be any Perfon (hall be convicted, in manner prefcribcd by tiiis Act, Ihali cauie fuch rcfpedtive Conviction drawn up in the to be drawn up in the Form or to the Effed rollowiiig ; that is to fay, following Formj To wit. ' TD E it remembered. That on this ^ Day of _ '}^}^}" „, Year of his Majefly's Reign, J. B. is convicled before of his Majefly's Jufticcs of ' fame, the Sum of Given under the Day and Tear aforefaid. d to be written n Parchmenr, And the faid Juftice or Juftices, before whom fuch Convidion fhall be had, fliall caufe the fame fo drawn a-- up in the Form aforefaid, to be fairly written upon Parchment, and tranfmittcd to the m*xt Geiv ral o" Quarter-Selfion of the Peace to be held for the County, Riding, Divifion, City, Town, Libeity or Place, and tranfmincd wherein fuch ConvitStion was had, to be filed and kept amonglt the Records of the f ud General or Q^iar- Seilion^tob"' ter-Sefficns ; and in cafe any Perfon or Perfons fo convicted, fliall appeal from the Judgment of the faid £ica. Juftice or Juftices, to the faid General or Quarter- Seffions, the Jufticcs in fuch G-r.eral or Quarter- judices at the Seffions are hereby required upon receiving the faid Conviction, drawn up in the Form aforeiaid, to pro- Qiiarter-Scflionj ceed to the Hearing and Determination of the Matter of the faid Appeal, according to the Directions t" determine of this A£l i any Law or ufage to the contrary notwithftanding. _ _ Appeals. XX. And be it further enaCted by the Authority aforefaid, That no Certiorari fhall be granted indictment or to remove any Indictment, Convidlon or other Proceedings had thereon in Purfuance of this A<5t. ^f°"ov'^"bi" b"°'^ XXL Provided always, and it is hereby further ena£ted by the Authority aforefaid. That if any Per- ^ppeaj ^j ^g, fon convicted of any Offences punifliable by this ACt, fhall think him or herfelf aggrieved by the Judg- „,ade to the ment of the Juftice or Juftices before whom he or fhe fhall have been conviCled., luch Perfons fhall have Qnarter-iiei'- Liberty to appeal to the Juftices at the next General or Quarter-Seflions of the Peace which ftiall be held f>""s j 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 {o con- a"d Exfcution viCted entering into a Recognizance at the Time of fuch ConviCtion, with two fufficient Sureties, in Pafty^enttrng double the Sum which fuch Perfon fliall have been adjudged to pay or forfeit, upon Condition to profecute into Recogni- fuch Appeal with EfFeCt, and to be forth-coming, to abide the Judgment and Determination of the Ju- zance to profe- ftices in their faid next General or Quarter- Seflions ; which Recognizance the faid Juftice or Juftices be- '^^ e the Appeal, fore whom fuch ConviClion fhall be had, is hereby impowered and required to takej and the Juftices in y„ftices(o deter- the faid General or Quarter-Seflions are hereby authorized and required to hear and finally determine the mine the Appeal, Matter of the faid Appeal, and to award fuch Cofts as to them fhall appear juft and reafonable to be paid a"d award Cofts. by either Party ; and if, upon the hearing of the faid Appeal, the Judgment of the Juftice or Juftices t>n Affirmation before whom the Appellant (hall have been conviCted, fliall be affirmed, fuch Appellant fliall immediately Ap^peHant^oTay pay the Sum which he or fhe fliall have been adjudged to forfeit, together with fuch Cofts as the Juftices theFineand in the faid General or Quarter-Seffions ftiall award to be paid, for defraying the Expences fuftained by Cofts. the Defendant or Defendants in fuch Appeal ; or in Default of making fuch Payments fhall fuffer the lefpeCtive Pains and Penalties by this ACt infliCted upon Perfons refpeCtively, who fliall negleCt to pay, or fliall not pay the refpeCtive Sums or Forfeitures by this ACt to be paid by, or impofed upon, Perfons refpeClively, who fliall be conviCted by Virtue of this ACt. XXIL And be it further enaCted by the Authority aforefaid. That no Perfon, who, by Virtue of this Nonetobepu- A£t, fliall be puniflied for any Offence or Offences by him, her or them committed, fliall be puniflied nifhed a fecond for the fame Offence or Off'ences, under any other Law or Satute ; and that if any ACtion or Suit fhall Time for the be commenced againft any Perfon or Perfons for any Thing done in Purfuance of this ACt, the Defendant f-n^e Offence. or Defendants in any fuch ACtion or Suit, may plead the General Iftue, and give this Act and the Special General iffue. Matter in Evidence, at any Trial to be had thereupon, and that the fame was done in Purfuance and by the Authority of this A6t; and if it fhall appear fo to have been done, or a Verdict fliall be re- corded for the Defendant or Defendants ; and if the Plaintiff" fhall be nonfuited or difcontinue his Ac- tion, after the Defendant or Defendants fliall have appeared; or if Judgment fhall be given "po" ^ny Double Coft» Verdict or Demurrer againft the Plaintiff^, the Defendant or Defendants fhall and may recover double Cofts, and have the like Remedy for the fame, as any Defendant or Defendants hath or have in other Cafes by Law, for Recovery of his or their Cofts. XXllL And be it further enaded by the Authority aforefaid, That the Statute made in the twenty- Claufe in Act fourth Year of his prefent Majefty's Reign, intituled, Jn JSi for the rendering the Jufiices of the Peace ^^^- '• '^- 44- more fafe in the Execution of their Office^ and for indemnifyins' Conliahles and others a£iins. in Obedience to their ^'^"^" ^ toju- Tt/- ^ r c L r • J A (-1 i"^ 1 1 • -^ . r^ n- re-, t^ r ■ "ifes acting uiv- /Varrant, lo tar as the laid Act relates to the rendering the Juftices more lare in the Execution or their ^^^ tlusAct. Office, fliall extend and be conftrued to extend to the Juftice or Juftices of the Peace acting under the Authority or in Execution of this A£t i and no ACtion or Suit Ihall be had or commenced againft, or Notice to be Writ iflued out, or Copy or Writ ferved upon any Peace Officer or Officers, for any Thing done in the g'^'*^" to Peace Execution of this A£t, until Notice in VAriting fliall have been given to him or them, or left at his or ^*'^" before their ufual Place of Abode, by the Attorney for the Party commencing fuch Action, or fuing out or fer- ag^^'^him.^ "'^ ving
 * the Peace for the faid County of or tor the Riding or Divilion of the faid
 * County of or for the City, Liberty or Tov>'n of (as the Cafe JJmll happen
 * ■ to be) for and the,faid do adjudge him or her to pay and forfeit for the