Plaintiff not to recover if tender of amends be inade.

Appeal to the

quarter ses-!

count of
default or want of form in any pro-
any
ceedings relating thereto, nor shall the party
distraining be deemed a trespasser ab initio on
account of any irregularity which shall afterwards
happen in making the distress, but the person
aggrieved by such irregularity may recover full
satisfaction for the special damage in an action on
the case provided always, that no plaintiff shall
recover in any action for any irregularity, trespass,
or wrongful proceedings, if tender of sufficient
amends shall be made, by or on behalf of the
party who shall have committed or caused to be
committed any such irregularity, trespass, or
wrongful proceedings, before such action shall
have been brought: and in case no such tender
shall have been made, it shall and may be lawful
for the defendant in any such action, by leave of
the court where such action shall depend, at any
time before issue joined, to pay into court such
sum of money as he shall see fit, whereupon such
proceedings, or orders and judgment, shall be
had, made, and given in and by such court, as in
other actions where the defendant is allowed to
pay money
into court.

CIII. Provided also, and be it further enacted, sions against that if any person or persons shall find himself,

order of jus

tices within herself, or themselves aggrieved by any order or

four calendar

cause of com.

plaint, &c.

months after conviction of any justice or justices, where such person or persons shall be convicted in any penalty or penalties exceeding five pounds, or if

any person shall find himself aggrieved by any order made under the provisions of this act on such person as the putative father of any bastard child, (85) it shall be lawful for such person or persons to appeal to any general or quarter sessions of the peace to be held in and for the county, riding or division in which such order shall have been made or conviction taken place, within four calendar months next after the cause of complaint shall have arisen, or if such sessions shall be held before the expiration of one calendar month next after such cause of complaint, then such appeal shall be made to the next following sessions, either of which court of sessions is hereby empowered to hear and finally determine the matter of the said appeal, and to make such order therein as to them shall seem meet; which order shall be final and conclusive to and upon all parties: provided Fourteen that the person or persons so appealing shall give writing to be or cause to be given at least fourteen days' notice recognizance in writing of his, her, or their intention of appeal- into. ing as aforesaid, and of the matter or cause thereof, to the respondent or respondents, and within five days after such notice shall enter into a recognizance before some justice of the peace, with sufficient securities, conditioned to try such appeal

(85) The clause to which this was applicable was expunged in the House of Lords by the committee, and this has been allowed to remain in the act by mistake. It cannot be deemed to have reference to the order to be made on the putative father, under the 72d section, because that order must be made by the sessions; and an appeal from the sessions to the sessions would be absurd.

days' notice in

given, &c.and

to be entered

Limitation of action.

Defendant

may plead the general Issue.

at the then next general sessions or quarter sessions of the peace which shall first happen, and to abide the order of and pay such costs as shall be awarded by the justices at such quarter sessions, or any adjournment thereof; and such justices, upon hearing and finally determining such matter of appeal, shall and may, according to their discretion, award such costs to the party appealing or appealed against as they shall think proper; and their determination in or concerning the premises shall be conclusive and binding on all parties to all intents and purposes whatsoever.

CIV. And be it further enacted, that no action or suit shall be commenced against any commissioner, assistant commissioner, or any other person, for any thing done in pursuance of or under the authority of this act, until twenty-one days' notice has been given thereof in writing to the party or person against whom such action is intended to be brought, nor after sufficient satisfaction or tender thereof shall have been made to the party aggrieved, nor after three calendar months next after the act committed for which such action or suit shall be so brought; and every such action shall be brought, laid, and tried where the cause of action shall have arisen, and not in any other county or place; and the defendant in such action or suit may plead the general issue, and give this act and any special matter in evidence, at any trial which shall be had thereupon;

and if the matter or thing shall appear to have
been done under or by virtue of this act, or if it
shall appear that such action or suit was brought
before twenty-one days' notice thereof given as
aforesaid, or that sufficient satisfaction was made
or tendered as aforesaid, or if any action or suit
shall not be commenced within the time before
limited, or shall be laid in any other county than
as aforesaid, then the jury shall find a verdict for
the defendant therein; and if a verdict shall be Costs.
found for such defendant, or if the plaintiff in
such action or suit shall become nonsuit, or suffer
a discontinuance of such action, or if, upon any
demurrer in such action, judgment shall be given.
for the defendant therein, then and in any of the
cases aforesaid, such defendant shall have costs,
charges and expenses, as between attorney and
client, and shall have such remedy for recovering
the same as any defendant may have for his or
her costs in any other case by law.

be removable

to Court of

CV. And be it further enacted, that no rule, Rules, &c. to order, or regulation of the said commissioners or by certiorari assistant commissioners, or any of them, shall be King's Bench. removed or removable by writ of certiorari into any court of record, except his Majesty's Court of King's Bench at Westminster; and that every Rules, &c. so rule, order, or regulation which shall be removed continue in by writ of certiorari into the said Court of King's declared Bench shall nevertheless, unless and until the same shall be declared illegal by that court, con

removed to

force until

illegal.

Notice to be given to com

application

for writ of certiorari, &c.

tinue in full force and virtue, and be obeyed, performed, and enforced, in such and the same manner, and by such and the same ways and means, as if the same had not been so removed.

CVI. And be it further enacted, that no apmissioners of plication shall be made for any writ of certiorari for the removal of any such rule, order, or regulation, except to the judges when sitting in the said court, nor unless notice in writing shall have been left at the office of the said commissioners at least ten days previous to such application being made, and in which notice shall be set forth the name and description of the party by or on behalf of whom and the day on which it is intended to make such application, together with a statement of the grounds thereof; and thereupon it shall be lawful for the said commissioners to show cause in the first instance against such application, and the court may, if it shall so think fit, forthwith proceed to hear and determine the same upon the grounds set forth in such notice.

Commissioners may show cause.

Recogni.
Zances to be

CVII. And be it further enacted, that previous entered into. to any writ of certiorari being issued, the party or parties applying for the same shall enter into a recognizance, with sufficient sureties, before one of his Majesty's justices of the Court of King's Bench, or before a justice of the peace of the county or place in which such person shall