Amendment of Recog. nizances. Decisions of Sessions, when final. Amendment of Indictment or summary Mistake shall have been specified in the Rule for issuing such VIII. And whereas the Statutes giving a Right of Appeal against Orders or summary Convictions frequently require a Recognizance or Recognizances to be entered into as a Condition of such Appeal, and 5 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 before any Justice or Justices for the Purpose of complying with any such Condition of 10 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 such 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 15 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 20 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 Statute or Statutes for that Purpose. IX. And be it enacted, That the Decisions of the Court of General or Quarter Sessions of the Peace upon the Hearing of any 25 Appeal, as to the Sufficiency of the Statement of any Ground or Grounds of Appeal, and as to the amending or refusing to amend any Order of a Justice or Justices appealed against, or the Statement of any Ground or Grounds of Appeal, and as to the Substitution of any new Recognizance or Recognizances as aforesaid, shall 30 be final, and shall not be liable to be reviewed in any Court, by means of a Writ of Certiorari or Mandamus, or otherwise. X. And be it enacted, That every Court of General or Quarter Sessions of the Peace, on the Trial of any Offence within its JurisdicConviction. tion, or on the Trial of any Appeal against a summary Conviction, 35 whenever any Variance or Variances shall appear between any Matter in Writing or in Print produced in Evidence, and the Recital or setting forth thereof in the Indictment or Conviction, shall have the same Power in all respects to cause the Indictment or Conviction to be amended which is given to Courts of Oyer and Ter- 40 miner and General Gaol Delivery with regard to Offences tried before such last-mentioned Courts by virtue of an Act of the Twelfth Year of of Her Majesty's Reign, intituled "An Act for the Removal of De- 11 & 12 Vict. "fects in the Administration of Criminal Justice;" and after such c. 46. s. 4. Amendment the Trial shall proceed in the same Manner in all respects, both with regard to the Liability of Witnesses to be in5 dicted for Perjury and otherwise as if no such Variance or Variances had appeared. state a Sessions XI. And be it enacted, That at any Time after Notice given of Power to Appeal to any Court of General or Quarter Sessions of the Peace Special Case against any Judgment, Order, Rate, or other Matter, (except an without 10 Order in Bastardy, or a Proceeding under or by virtue of any of the going to the Statutes relating to Her Majesty's Revenue of Excise or Customs, previously. Stamps, Taxes, or Post Office,) for which the Remedy is by such Appeal, it shall be lawful for the Parties, by Consent, and by Order of any Judge of one of the Superior Courts of Common Law at 15 Westminster, to state the Facts of the Case in the Form of a Special Case for the Opinion of such Superior Court, and to agree that a Judgment in conformity with the Decision of such Court, and for such Costs as such Court shall adjudge, may be entered on Motion by either Party at the Sessions next or next but one after such 20 Decision shall have been given; and such Judgment shall and may be entered accordingly, and shall be of the same Effect in all respects as if the same had been given by the Court of General or Quarter. Sessions upon an Appeal duly entered and continued. 66 Arbitration. 9 & 10 W. 3. c. 15. XII. And whereas by a Statute passed in the Tenth Year of King References to 25 William the Third, intituled "An Act for determining Differences by Arbitration," Provision was made for rendering more effectual the Awards of Arbitrators in the Case of Controversies and Disputes for which there is no other Remedy but by personal Action or by Suit in Equity: And whereas it is expedient in like Manner to facilitate and 30 render more effectual References to Arbitration of Controversies and Disputes for which the Remedy is by Appeal to a Court of General or Quarter Sessions of the Peace: Be it enacted, That at any Time after Notice given of Appeal to any Court of General or Quarter Sessions of the Peace against any Order, Rate, or other Matter, (except a sum35 mary Conviction, or an Order in Bastardy, or any Proceeding under or by virtue of any of the Statutes relating to Her Majesty's Revenue of Excise or Customs, Stamps, Taxes, or Post Office,) for which the Remedy is by such Appeal, it shall be lawful for the Parties, by themselves or their Attornies, to submit the Matter or Matters of 40 such Appeal to the Award or Umpirage of any Person or Persons, and to agree that such Submission should be made a Rule of Her Majesty's Court of Queen's Bench, and to insert such Agreement in their Submission or the Condition of the Bond or Promise whereby they 323. B they oblige themselves respectively to submit to the Award or Umpirage of such Person or Persons; and thereupon such and the like Proceedings in all respects shall and may be taken with regard to Submissions under this Act, and to enforcing Awards or Umpirages thereupon, and to setting aside the same, as are authorized by the 5 said Act of King William the Third with regard to the Cases therein provided for; and every Award or Umpirage duly made under this Act shall be as binding and effectual to all Intents as if the same had been a regular Judgment of the said Court of General or Quarter Sessions, and shall and may, on the Application of either Party, be 10 enrolled among the Records of the said Court of Sessions. XIII. And be it enacted, That it shall be lawful for any Court of General or Quarter Sessions of the Peace before which any Appeal (except against a summary Conviction, or an Order in Bastardy, or any Procceding under or by virtue of any of the Statutes relating to Her 15 Majesty's Revenue of Excise or Customs, Stamps, Taxes, or Post Office,) shall be brought, to order, with Consent of the Parties or their Attornies, that the Matter or Matters of such Appeal be referred to Arbitration to such Person or Persons and in such Manner and on such Terms as the said Court shall think reasonable and proper; and such Order 20 may be made a Rule of the Court of Queen's Bench, on the Application of either Party; and the Award of the Arbitrator or Arbitrators, or Umpirage of the Umpire, shall be entered as the Judgment of the Court of General or Quarter Sessions in the Appeal, and shall be as binding and effectual to all Intents as if given by the said Court: Provided 25 that the Court of Queen's Bench may, if it think fit, on Application within the Term next after the making and Publication of such Award or Umpirage, set aside the same, and may in that Case order the Court of General or Quarter Sessions to enter Continuances and hear the Appeal. 30 XIV. And be it enacted, That if upon any Reference to Arbitration under this Act it shall be made to appear to the Court of Queen's Bench that, either from the Death of the Arbitrators or Umpire, or from any other Cause, it has become impossible that an Award or Umpirage can be made, it shall be lawful for the said Court to order 35 the Court of General or Quarter Sessions of the Peace to enter Continuances and hear the Appeal. XV. And be it enacted, That the several Provisions relating to Arbitrations contained in an Act of the Fourth Year of King William the Fourth, intituled "An Act for the further Amendment of the 40 "Law and the better Advancement of Justice," shall be deemed and taken to be applicable to Arbitrations under this Act; and in every such 5 to have such Arbitration the Arbitrator or Arbitrators or Umpire shall have Arbitrators the same Powers of Amendment which the Court of General or Power of Quarter Sessions of the Peace would have had on the Trial of the Amendment. Appeal. Orders of XVI. And for the Purpose of more speedily and effectually enforc- Enforcing ing Orders of Courts of General and Quarter Sessions of the Peace, be it enacted, That in the Case of every Order of any Court of Payment of General or Quarter Sessions of the Peace whereby any Sum of Money with Money, with or without Costs, shall be payable to any Person or Costs. 10 Persons, such Sum of Money and Costs (if any) shall be recoverable or without in the Manner provided for the Recovery of Costs upon an Appeal against an Order or Conviction by the said Act of the Twelfth Year 11 & 12 Vict. of Her present Majesty. c. 43. s. 27. other Orders XVII. And be it enacted, That in all Cases where any Order Enforcing 15 (unless for the Payment of Money only) shall be made by any Court of General or Quarter Sessions of the Peace it shall be lawful for the Court of Queen's Bench, or for any Judge of that Court at Chambers, either in Term or Vacation, upon the Application of any Person entitled to enforce such Order, and upon the Production of a 20 Copy of such Order under the Hand of the Clerk of the Peace or his Deputy, and upon Proof of Refusal or Neglect to obey such Order, to order and direct such Order of the Court of General or Quarter Sessions to be removed into the said Court of Queen's Bench, and thereupon such Order shall be of the same Force and Effect, and may 25 be enforced in the same Manner, as a Rule made by the said Court of Queen's Bench; and all the reasonable Costs and Charges attendant upon such Application and Removal shall be recoverable in like Manner as if the same were Part of such Order. XVIII. And be it enacted, That nothing in this Act contained Not to extend 30 shall extend to Scotland or Ireland. to Scotland or Ireland. into operation on XIX. And be it enacted, That this Act shall come into operation Act to come on the First Day of November One thousand eight hundred and forty-nine. 1st Nov.1849. XX. And be it enacted, That this Act may be amended or Act may be 35 repealed by any Act to be passed in this present Session of amended, &c. Parliament. |