|
|
Power to take fresh recognizances on appeals to quarter sessions or civil bill court, where those entered into may be defective in form.
|
50. And whereas the Act now in force giving a right of appeal to the courts of general quarter sessions in Ireland, or the chairman of the civil bill courts in Ireland, frequently require a recognizance or recognizances to be entered into as a condition of such appeal, and appellants are liable to be prevented from trying their appeals upon the merits in consequence of imperfections in the taking of such recognizances: Be it enacted, that where any recognizance or recognizances which shall have been entered into within the time by law required before any justice or justices, for the purpose of complying with any such condition of appeal, shall appear to the court before which such appeal is brought to have been insufficiently entered into, or to be otherwise defective or invalid, it shall be lawful for the court, if it shall so think fit, to permit the substitution of a new and sufficient recognizance, or new and sufficient recognizances, to be entered into before such court, in the place of such insufficient, defective, or invalid recognizance or recognizances, and for that purpose to allow such time, and make such examination, and impose such terms as to payment of costs to the respondent or respondents, as to such court shall appear just and reasonable; and such substituted recognizance or recognizances shall be as valid and effectual, to all intents and purposes, as if the same had been duly entered into at any earlier time or times, as required by any Act or Acts now in force.
|
