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Appeal to sessions, and discharged on bail, determined at sessions,
penalties for breaking lamps, &c. to informer and Cork work house,
taking away lamps &c. transportation 7 years or whipt,
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IV. Provided nevertheless, That if any person or persons shall think him, her, or themselves aggrieved by the judgment of the said mayor of the city of Cork or other justice of the peace, that such person or persons may appeal to the justices of the peace at the next general or quarter sessions to be held for the said city of Cork; and if any such person or persons shall happen to be in custody, such person or persons shall and may be discharged out of custody upon giving sufficient bail to appear at the said sessions; and the justices of the peace at such sessions are hereby impowered to summon and examine witnesses on oath on either side, and finally to hear and determine the merits of such appeal, and make such order therein, as shall be agreeable to the provision and meaning of this act, and to the nature and circumstances of the case, and in case of conviction may and shall issue a warrant or warrants for levying the penalties or forfeitures, and for committing the offender or offenders as aforesaid; that all the pecuniary penalties and forfeitures, which shall be inflicted and levied by this act for wilfully or maliciously breaking, throwing down, or extinguishing any lamp or lamps, erected or to be erected in the said city or suburbs thereof, or for wilfully damaging the posts, iron, or other furniture of the same, shall be paid and applied in the manner following; that is to say, one moiety thereof to the person or persons who shall discover and prosecute such offender or offenders to conviction, and the other moiety, and all the other pecuniary penalties and forfeitures, which shall be inflicted and levied by this act, to the governors of the work house of the said city of Cork for the use of the said work house; and that if any person or persons shall steal or forceably carry away any of the said lamps, irons, posts, or furniture thereof, such person or persons, being lawfully convicted thereof upon indictment, shall be adjudged guilty of felony, and shall be transported to one of his Majesty’s plantations in America for seven years, or shall be publickly whipt, at the discretion of the judge who shall pass judgment on such offender.
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