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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
by and before any Justice
or Justices of the Peace
as aforesaid, it shall be lawful to and for every 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
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 as of the conviction appealed from as they in their discretion
shall think fit: and such determination shall be
final nor shall the proceedings upon any such information
be reviewed either
before or after appeal
by any writ of certiorari
or otherwise unto
any other superior
other court.
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 or within [ ]
days afterwards
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
sufficient security surety
or sureties
to the satisfaction of the Justice or
Justices before
whom such conviction
took place
shall have taken
place,
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
prosecuting 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 any such conviction
then and in such case although no such
sufficient Surety
shall have been
found
then 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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