STATUTES. 517 



affii'mative and tlie negative of certain propositions ; but sucli 

 questions may he as satisfactorily tried without such form (t) ; 

 be it therefore enacted, That in every case where any court of 

 law or equity may desire to have any question of fact decided 

 by a juiy, it shall be lawful for such court to direct a writ of 

 summons to be sued out, by such person or persons as such 

 court shall think ought to be plaintiff or plaintiffs, against 

 such person or persons as such court shall think ought to be 

 defendant or defendants therein, in the form set forth in the 

 second schedule to this act annexed, with such alterations or 

 additions as such court may think proper ; and thereupon all 

 the proceedings shall go on and be brought to a close in the 

 same manner as is now practised in proceedings under a 

 feigned issue. 



20. And be it enacted, That any person who shall be sum- Appeal to 

 marily convicted under this act may appeal to the next gene- Qy^'i'ter ses- 

 ral or quarter session of the peace to be holden for the county ^^'^^^• 



or place wherein the cause of complaint shall have arisen, 

 provided that such person at the time of the conviction, or 

 within forty-eight hours thereafter, shall enter into a recogni- 

 zance, with two sufficient sureties, conditioned personally to 

 appear at the said session to try such apj^eal, and to abide the 

 further judgment of the court at such session, and to pay such 

 costs as shall be by the last-mentioned court awarded ; and it 

 shall be lawful for the magistrate or justices by whom such 

 conviction shall have been made to bind over the witnesses 

 who shall have been examined in sufficient recognizances to 

 attend and be examined at the hearing of such appeal ; and 

 that every such witness, on producing a certificate of being so 

 bound, under the hand of the said magistrate or justices, shall 

 be allowed compensation for his or her time, trouble and ex- 

 penses in attending the appeal, which compensation shall be 

 paid in the first instance by the treasurer of the county or 

 place, in like manner as in cases of misdemeanor, under the 

 provisions of an act passed in the seventh year of the reign of 

 King George the Fourth, intituled "An Act for improving 7Geo.4, c. 64. 

 the Administration of Criminal Justice in England," and in 

 case the appeal shall be dismissed, and the order or conviction 

 affirmed, the reasonable expenses of all svich witnesses attend- 

 ing as aforesaid, to be ascertained by the court, shall be rej^aid 

 to the said treasurer by the appellant. 



21. And be it enacted, That when any distress shall be Distress not 

 made for any money to be levied by virtue of the warrant of unlawful for 

 any justice under this act, the distress shall not be deemed ^^'^'^ ^^ form, 

 unlawful, nor shall any joarty making the same be deemed a 

 trespasser, on account of any defect or want of form in the 

 information, summons, warrant of apprehension, conviction, 



{f) This form may still be used ; see Luardy. Butcher, 15 L. J., C. P. 

 187. 



