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In what cases appeals shall be permitted.
Appeal to be made to next quarter sessions of the division, &c.
Notice.
Recognizance.
Form of appeal.
Recognizance to be transmitted to clerk of peace.
Appellant to give notice to opposite party.
Decision of appeal by quarter sessions or recorder.
Execution.
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24. In any case of summary jurisdiction, where an order shall be made by the justices for payment of any penal or other sum exceeding twenty shillings, or for any term of imprisonment exceeding one month, or for the doing of anything at a greater expence than forty shillings, or for the estreating of any recognizance to a greater amount than twenty shillings, (but in no other case,) either party (whether he shall be the complainant or the defendant) in cases of a civil nature, or the party against whom the order shall have been made in other cases, shall be entitled to appeal to the next quarter sessions to be held in the same division of the county when the order shall have been made by any justice or justices of any petty sessions district, (or to the recorder of any corporate or borough town at his next sessions when the order shall have been made by any justice or justices of such corporate or borough town,) (unless when any such sessions shall commence within seven days from the date of the order, in which case the appeal may be made to the next succeeding sessions of such division or town); and such appeal shall be subject to the following provisions:
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1. The appellant shall serve notice m writing of his intention to appeal upon the clerk of petty sessions within three days from the date of the order against which the appeal shall be made:
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2. He shall also within three days after such notice as aforesaid enter into a recognizance, according to the form (C.), with two solvent sureties, conditioned to prosecute such appeal; and the amount of such recognizance shall be double the amount of the sum and costs ordered to be paid, where payment only is ordered, or of such reasonable amount as the justices shall see fit, where imprisonment is ordered:
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3. Whenever the appellant shall have given such notice and entered into such recognizance, there shall be delivered to him the form of appeal (H.), containing a certificate of the order against which he shall appeal (signed by the justice who shall have made the same, or by any other justice of the same petty sessions); and it shall also be therein certified by the clerk of petty sessions that the said notice was duly given and that the said recognizance was duly entered into, if the fact shall be so:
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4. In every case where an appeal shall be so made, the clerk of petty sessions shall transmit the recognizance entered into to prosecute such appeal and all other proceedings in such case to the clerk of the peace of the county or to the proper officer of the recorder’s court, at least seven days before the commencement of the sessions to which the appeal shall be made, or as soon afterwards as may be practicable, in the same manner as is herein-before provided for the transmission of informations as to indictable offences:
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5. The appellant shall give notice in writing to the opposite party of his intention to prosecute his appeal at least seven clear days before the commencement of the sessions to which the appeal shall be made:
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6. Whenever an appeal shall have been so made, and such last-mentioned notice shall have been duly given, it shall be lawful for the said court of quarter sessions (or recorder, as the case may be,) to entertain the same, and to confirm, vary, or reverse the order made by the justices (as so certified in such form of appeal,) and to award to either party any sum not exceeding forty shillings for the costs of such appeal; and whenever the said court of appeal shall have decided any such appeal, the clerk of the peace or proper officer of the recorder’s court, as the case may be, shall certify such decision at foot of the form of appeal, and return the same and the said proceedings to the justices of the petty sessions at which the order shall have been made, within seven days after such appeal shall have been decided; and whenever any such appeal shall not have been duly prosecuted, the clerk of the peace or proper officer of the recorder’s court, as the case may be, shall so certify upon such recognizance, and return the same to the justices of the petty sessions from which the same shall have been transmitted, (in the same manner and subject to the same provisions as are hereinbefore contained as to the transmission of informations for indictable offences,) within seven days after the termination of the sessions at which such appeal ought to have been prosecuted; and which certificate shall be free from any charge:
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7. And whenever it shall appear from such certificate that such appeal has not been duly prosecuted, or that the original order has been confirmed upon appeal, the justices who shall have made the original order, or any other justice of the same petty sessions, shall issue the proper warrant for the execution of the same, as if no such appeal had been brought; and in every case in which it shall appear from such certificate that the court of appeal shall have varied the original order, the said justices shall forthwith issue the proper warrant for the execution of the order so made by the court of appeal, in like manner as they might have issued a warrant for the execution of the original order in case no appeal had been prosecuted; and if upon any such appeal either party shall be ordered to pay costs, it shall be lawful for such justices to enforce payment of the same, in like manner as any costs awarded by the original order; and in any case where any order by which any person shall be adjudged to be imprisoned shall be confirmed on appeal, such person shall be liable to be imprisoned for the period adjudged by the original order, where he shall not have been apprehended under the original order, or, where he shall have so been apprehended and discharged, then for such period as, together with the time during which he shall so have been in custody, shall be equal to the period adjudged by the origina order: . . .
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