Page:Ruffhead - The Statutes at Large - vol 8.djvu/306

 272 C. 2 9» Anno tricelimo primo Georgii IL A. D. 1757, and of compelling by Juftice or Juilices, at fuch feafonable Time as in fuch Summons fhall be fixed ; and if any Perfon Warrant, to appear, fuch Jq fummonc^ Jl-^n i--a. f..r„ ^ ^ ^l_ t-: l-_ /-.-!. c •. i .„ .- -..led ihall neglect or refule to appear at the Time by fuch Summons appointed, and no iulf SumminT '^^^"' "^"" Excufe Ihall be offered for fuch Neglect or Refufal, then (after Proof by Oath of fuch Summons i^-'.ving been duly ferved upon the Party or Parties fo fummoned) every fuch Magiftrate and Maeif- ites, Jurtice and Juftices, is and are hcrtby authorifed and required to iffue his or their Warrant ider his Hand anrt Seal, or their Hanils and Seals, to brinp- everv fnrh WitnpfQ rr Witne^fT^^ u„ unaer nis nana ana :>eai, or tneir nanus anu oeais, to oring every men vvitneis or Witneiles be- Wltnefles to be examined fore any fuch Magiilrate or Magiilrates, Juftice or Juftices ; and on the Appearance of any fuch '^^ * Witnefs before any fuch Magiiirate or iVlagiftrates, Jullice or Juftices, every fuch Magiltj-ate or Magiftrates, Juftice or Juftices, is and are hereby authorifed and impou'ered to examine upon Oath every fuch Witnefs : And if nnv fuch Witnefs on his or her Appearance, or on being brought before fu"ft CaJfeaewn'"^'"' ^"V ^'^'■' ^agiftrate or Magidrates, Juftice or Juftices, fhall refufe to be examined on Oath concern- ewD, .^g ^^^ Premifles, without offering any juft Excufe for fuch Refufal, any fuch Magiftrate or Magi- ftrates, Juftice or Juftices, within the Limits of his or their Jurifdiclion, may, by Warrant under his Hand and Seal, or their Hands and Seals, commit any Perfon or Perfons fo refufing to be examined to the publick Prifon of the County, Riding, Divifion, City, Liberty or Place in which the Perfoji may be committed for 14 or Perfons fo refufing to be examined ftrall be, there to remain for any Time not exceeding fourteen Days, butnocieistban 3. j^^^,^^ nor lefs than three Days, as any luch Magiftrate or Alagiftrates, Juftice or Juftices fhall dired Cooviaion to be drawn XXXVL And be it further enabled by the Authority aforefaid, That the Magiftrate or Mao if' «? .n the following „ Jufticc or Jufrices before whom any Perfon fhall be convided, in Manner prefcribed^'by 'i, fhall cauie fuch refpedive Conviction to be drawn up in the Form, or to the Eftedt fol- «? in the following t-r-^tr^^ Form. ^l^^^^'. tnis Ac lowing ; (that is to fay) (_To zuit) ' 13E it remem.bered, That on this Day of in the ' J3 Year of the Reign of J.B. is convi£led before Majeftv's ' or Divifion of the faid County of or for the City, Liberty, or Town of ' (as the Cafe fiall happen to be) for and do adjudge him her Given under the Day and Tear aforefaid. No Conviction, or other XXXVII. And be it further enabled by the Authority aforefaid. That no Certiorari, Letters of Proceedings, may be re- Advocation, or of Sufpcnfion Ihall be granted to remove any Convi£lion, or other Proceedings had moved Dy Certiorari, &c. thereon ill purfuance of this Aa. Pe.fonsaggrieved by the XXXVIII. Provided always, and it is hereby further ena61:ed by the Authority aforefaid. That ■^ift«Te'"or°Iuft"ce ^I '^ ''^"V Perfon conviaed of any Ofl-'ence punifliable by this Ac^, fhall think him, her or themfelves fppeaUo^the^next'cTne- aggrieved by the Judgment of the Magiftrate or Magiftrates, Juftice or Juftices, before whom he, ral or Quarter-Seflions, fhc or they fliall have been conviaed, fuch Perfon fhall have Liberty, from time to time, to appeal to the Juftices at the next General or Quarter- SefTions of the Peace which fhall be held for the County, Riding, Divifion, City, Liberty, Town or Place where fuch Judgment fliall have been and Execution of Judg- given, and that the Execution of the faid Judgment fhall in fuch Cafe be fufpended 3 the Perfon fo ment is to be thereupon conviacd, entering iuto a Rccognizance at the Time of fuch Convi6tion, with two fufficient Sure- fufpendcd., ^^^^^^.^^^ ties in double the Sum which fuch Perfon fliall have been adjudged to pay or forfeit, upon Condi- Kecognizance! Tnd Vive tio" to profecute fuch Appeal with Effea, and to be forthcoming to abide the Judgment and De- Security, to profecute the termination of the Juftices at their faid next General or General Qiiarter-Sc/Tions, which Recogni- Appeai with Effect, &c. zance the Magiftrate or Magiftrates, Jufticc or Juftices before whom fuch Conviaion fhall be had, and the Juftices in their jg ^^^^ jjre hereby impowcred and required to take ; and the Juftices in the faid General or General faidSemons aie^t^oheaj^ Q^^^^j^^_g^^^^j^^ ^^^ hereby authorized and required to hear and finally determine the Matter of te"*^ iteVS',"and award ' every fuch Appeal, and to award fuch Cofts as to them fhall appear juft and reafonable to be paid Cofts thereupon. by either Party : And if upon hearing the faid Appeal, the Judgment of the Magiftrate or Magi- If the former Judgment ftrates, Juftice or Juftices, before whom the Appellant or Appellants fhall have been convicfed, beaffi.med, the Appel- ^^j] ^^ affirmed, fuch Appellant or Appellants fhall immediately pay down the Sum he, fhe or Jant isto P^yJ'^'^J^^r they fhall have been adjudged to forfeit, together with fuch Cofts, as the Juftices in their faid Ge- Forieiture an o, ^^^_^j ^^ General Qiiarter-Sefiions fhall award to be paid to the Profecutor or Informer, for defray- ad on Dffauli is to be ing the Expences fuftained by reafon of any fuch Appeal ; and in Default of the Appellant's pay- ccnumt'.ed. in'g the fame, any two fuch Juftices, or any one Magiftrate or Jufticc of the Peace, having Jiuif- didion in the Place into which any fuch Appellant or Appellants fliall efcape, or where he, ihe or they fhall refid'-, fhall and may, by Warrant under their Hands and Seals, or his Hand and Seal, commit every fuch Appellant and Appellants to the common Gaol of tlie County, City, Riding, Divifion or Place where he, fhc or they fliall be apprehended, until he, (he or they fliall make Pay- ment of fuch Penalty, and of the Cofts and Charges which fhall be adjudged on the Conviaion, to ''' dtl.eA|,i;ei- their Appeal, and be difcharged of the faid Conviaion, reafonable Cofts ihall be awarded to the, .fi.ipo of thc^ppt-llmit or Appellants againit fuch Informer or Informers, who would (in cafe of fuch Convic^ c...,v,<;'-n, Coiu ate toji^j^j j^^^g ^^.j^,^ intitlcd to the Penalty to havc been recovered as aforefaid ; and which Coih fhall tK^*-.rf.'J«ra recovered ^^^j ^^^^^ j^^ recovered by the Appellant or Appellants againft any fu-ch Liformcr or Informers, ia, ?£ainft th'.' inifrn.cr. ji^^. ;^,|.,m^(f as Colls givcii ut any General or General Qiiartu-Seilions of the Peace are rcco-| vcrablc. XXXIX. Provided
 * Juftices of the Peace for the faid County of or for the Riding
 * {or themj to pay and forfeit for the fame, the Sum of
 * f » . indement be re- the Informer ; but if the Appellant or AppcUanis in any fuch Appeal Ihall make good his, her or