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<note> | |||
(11) §. 42<lb/>Appeal to Sessions<lb/>from Justices - <lb/>- No <hi rend="underline">Certiorari</hi>.</note><lb/> | |||
<p>Provided always <add>and be it further enacted</add> that if any person shall<lb/><del>Pro It shall be lawful for any person conceiving <add>who shall</add></del><lb/><add>conceive</add> him<del>self</del> or herself to be aggrieved by any such <del>conviction</del> <add>conviction or commitment</add><lb/> | |||
as aforesaid <add>it shall be lawful to and for any such person | |||
</add> to appeal to the next General<lb/>or Quarter Sessions of the peace for the place where<lb/>the offense for which he or she was convicted was<lb/>supposed to have been committed: and if <del>he or she</del><lb/><add>and the Justices in such Sessions shall</add><lb/><del>should thereupon such Court shall proceed in</del> <lb/><add>thereupon proceed in</add> a summary way to the hearing and determination<lb/>of such appeal and shall make such order <add>touching the matter thereof</add><lb/><add>and</add> touching the costs <del>thereof</del> <add>as well of such appeal and of the conviction appealed from</add> as they in their discretion<lb/>shall think fit: and such determination shall be<lb/>final nor shall the proceedings upon every such information | |||
Provided <del>always</del> <add>nevertheless</add> that <del>if at any time before the</del><lb/>notice of the intention to appeal shall be given<lb/>at the time of the conviction | |||
unless it <del>be on the</del><lb/><del>ground that</del> shall appear that the same was<lb/>grounded on some matter of fact not brought<lb/>to light till afterwards: and if <del>at any time such</del> <add>then or at any time</add><lb/><add>thereafter such</add> appellant shall enter into a recognizance with | |||
<del>one or more sureties the sum being <add>good and</add> sufficient<lb/>in the judgment of <del>such</del> the Justice <add>or Justices</add> by whom<lb/>such offender was conviction was had <add>pronounced</add></del> for the<lb/>pro... ing such appeal and abiding by <del>the</del> such<lb/>judgment <add>or order</add> as shall be pronounced <add>or made</add> thereon, then and <lb/>in such case the execution of such original <add>order of</add> conviction<lb/>or <add>of</add> so much thereof as <del>remains</del> <add>shall have remained</add> unexecuted <lb/>shall be staid.<lb/></p> | |||
<!-- The rest of this page has been crosses out --><lb/><p>Provided always that if <add>the punishment of</add> whipping be imposed<lb/><add>in any order so appealed from</add> <del>in the sentence pronounced upon such <gap/> made</del> <lb/>then and in such cse | |||
<del>the if the body of such convicted<lb/>person be in custody</del> such whipping shall<lb/>not be <del>executed</del> <add>inflicted</add> untill <del>such</del> the matter of <add>such</add> appeal shall<lb/>have been heard or such <del>sentence</del> <add>order</add> and conviction <add>shall</add> by the <lb/>default of such appellant have been confirmed.<lb/></p><pb/> | |||
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(11) §. 42
Appeal to Sessions
from Justices -
- No Certiorari.
Provided always and be it further enacted that if any person shall
Pro It shall be lawful for any person conceiving who shall
conceive himself or herself to be aggrieved by any such conviction conviction or commitment
as aforesaid it shall be lawful to and for any such person
to appeal to the next General
or Quarter Sessions of the peace for the place where
the offense for which he or she was convicted was
supposed to have been committed: and if he or she
and the Justices in such Sessions shall
should thereupon such Court shall proceed in
thereupon proceed in a summary way to the hearing and determination
of such appeal and shall make such order touching the matter thereof
and touching the costs thereof as well of such appeal and of the conviction appealed from as they in their discretion
shall think fit: and such determination shall be
final nor shall the proceedings upon every such information
Provided always nevertheless that if at any time before the
notice of the intention to appeal shall be given
at the time of the conviction
unless it be on the
ground that shall appear that the same was
grounded on some matter of fact not brought
to light till afterwards: and if at any time such then or at any time
thereafter such appellant shall enter into a recognizance with
one or more sureties the sum being good and sufficient
in the judgment of such the Justice or Justices by whom
such offender was conviction was had pronounced for the
pro... ing such appeal and abiding by the such
judgment or order as shall be pronounced or made thereon, then and
in such case the execution of such original order of conviction
or of so much thereof as remains shall have remained unexecuted
shall be staid.
Provided always that if the punishment of whipping be imposed
in any order so appealed from in the sentence pronounced upon such made
then and in such cse
the if the body of such convicted
person be in custody such whipping shall
not be executed inflicted untill such the matter of such appeal shall
have been heard or such sentence order and conviction shall by the
default of such appellant have been confirmed.
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Identifier: | JB/150/262/001"JB/" can not be assigned to a declared number type with value 150. |
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42 |
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150 |
police bill |
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262 |
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001 |
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text sheet |
1 |
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recto |
b20 / d13 / f80 |
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jeremy bentham |
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50483 |
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