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Appeal against imposition of fine, &c. may be made to court of assizes, &c.;
but subject to the provisions herein-mentioned.
14 & 15 Vict. c. 93.
Appellant to enter into recognizance to appeal, &c.
In such warrant not to be issued, or, if issued, not to be executed until decision of appeal.
Party, if in custody or gaol, to be discharged.
Court of appeal to hear and decide the appeal.
Execution of original order after appeal.
In case of jurors fines, party may have further appeal to superior courts.
Act not to interfere with power of Lord Lieutenant, &c. to reduce or remit fines, &c.
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9. It shall be lawful for any person against whom any order shall be made for payment of any such penal sum as aforesaid by any such court or officer as aforesaid, exceeding the sum of forty shillings, and in cases of fines upon jurors whatever the amount may be, to appeal for the reduction or remission thereof by petition to the court of assizes which shall be held next after such order shall be made if the same shall be made at assizes or to one of the superior courts of law in Dublin at the next term if the same shall be made by a superior court, or to the court of quarter sessions of the county which shall be held next after such order shall be made if the same shall have been made at quarter sessions, or to the recorder of Dublin at his next sessions if the same shall have been made at any of the divisional police offices of Dublin Metropolis, or to the next quarter sessions to be held in the same division of the county where the order shall be made by any justice or justices in any petty sessions district, or to the recorder of any corporate or borough town where the order shall be made by any justice or justices in such corporate or borough town (unless when any such sessions shall commence within seven days from the date of any such order, in which case it may be made to the next succeeding sessions to be held for such division or town); and such appeal, when made against any order by the said divisional justices or by any other justice upon summary conviction, shall be subject in all respects to the provisions of the said Petty Sessions Act, but in every other case it shall be made by petition to the court which shall have power to entertain the appeal, and shall be subject to the provisions following:
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1. The person so entitled to appeal shall not exercise such right unless he shall enter into a recognizance (form C.), with two sureties, in double the amount of the sum ordered to be paid, before any justice, conditioned for the due prosecution of such appeal, and unless he shall also lodge with the officer of the court a certificate (form D.) under the hand of the justice by whom such recognizance shall have been taken, and which certificate any such justice is hereby required to give, that such person has duly entered into such recognizance:
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2. In every case where such certificate shall be so lodged with the said officer, he shall suspend the issue of any warrant to execute the said order until such appeal shall have been decided, or until the appellant shall have failed to prosecute the same, as the case may be; or if such warrant shall have been issued, he shall direct the person to whom it was addressed to suspend its execution for the like period; and in every case where such warrant shall have been issued, the person to whom it was addressed shall, either upon being so directed by the said officer, or upon the said certificate being produced to him, suspend its execution for the like period; and in every case where the person against whom any such warrant shall be issued shall be in custody, or shall have been committed to gaol under the same, the court by which the order shall have been made, or the officer by whom the warrant shall have been signed, shall, upon application being made to him in that behalf, forthwith order his discharge:
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3. In every case where an appeal shall be so made, the judges of the said superior courts, judge of assize, or assistant barrister, or recorder, as the case may be, shall and are hereby severally authorized to hear the matter of the said petition, and to make such order thereon for confirming the original order, or for reducing or wholly remitting the fine or other penal sum, as may seem fit under all the circumstances of the case; and the proper officer of such court of appeal shall thereupon certify the said order under his hand to the officer of the court by which the original order shall have been made, who shall forthwith issue a warrant for the execution of same, if no warrant shall have been already issued, or shall endorse the same on the warrant if a warrant shall have been already issued, and direct the person to whom it shall have been addressed to proceed in its execution, or otherwise according to such indorsement; and in every case where such appeal shall be dismissed, or shall not be duly prosecuted, the said proper officer of the court of appeal shall so certify under his hand to the officer of the court by which the original order shall have been made, who shall thereupon proceed as if no such appeal had been made:
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4. In every case where any fine shall be imposed on any person for non-attendance as a juror, and the order imposing such fine shall not be reversed upon any such appeal, it shall be lawful for such person. in like manner to make a further appeal to one of the superior courts of law in Dublin, during the term next after such first-mentioned appeal shall have been decided, and it shall be lawful for such court to hear and determine such appeal; and the several provisions herein-before contained as to the suspension and subsequent execution of any warrant for the levy of such fine shall also apply to such last-mentioned appeal in like manner as to such first-mentioned appeal:
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Provided always, that nothing herein contained shall be deemed in any way to limit or restrain the Lord Lieutenant, or the Treasury, or the Commissioners of Inland Revenue, from reducing or remitting any fine or sum imposed or ordered to be levied which by law he or they may be in any way authorized to reduce or remit.
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