STATUTES. 543 



cute such informatiou with due diligence, it shall be lawful 

 for such justices to authorize any other person to proceed on 

 such information and summons instead of the person to whom 

 the same may have been granted, or such justices may dis- 

 miss the first information and summons, and authorize any 

 person to lay a fresh information in respect to the offence 

 charged in such first information, in like manner as if the 

 previous summons had not been granted. 



10. Any person who shall be summarily convicted under Appeal to 

 this act may appeal to the next general or quarter session of quarter 

 the peace to be holden for the county or place wherein the sessions, 

 cause of complaint shall have arisen, provided that such per- 

 son, at the time of such conviction, or within forty-eight 



hours thereafter, enter into a recognizance, with two suffi- 

 cient securities, 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 any party who shall have made 

 information against the party convicted, and any witnesses 

 who shall have been examined, in sufficient recognizances, 

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

 and 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 expenses in attending the appeal, which comj)ensation 

 shall be paid in the first instance by the treasurer of the 

 county ^r 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 JFourth, intituled " An Act for 7 & 8 Geo. 4, 

 improving the administration of Ci'iminal Justice in Eng- °' ■^^• 

 land," and in case any such appeal shall be dismissed, and 

 the order or conviction affirmed, the reasonable expenses of 

 all such witnesses attending as aforesaid, to be ascertained 

 by the court, shall be repaid to the said treasurer by the 

 appellant. 



11. On any such appeal no objection shall be allowed to the No objection 

 information whereon the conviction has taken place, or to allowed to 

 such conviction, on any matter of form or on any insufficiency information 

 of statement, provided it shall appear to the justices in quarter ric^on*has^" 

 sessions that the defendant has been sufficiently informed taken place, 

 of the charge intended to be made against him, and that such &c. in matter 

 conviction was proper on the merits of the case ; and no in- of form, 

 formation, conviction or judgment of the justices in general Judgment not 

 or quarter sessions shall be removed by certiorari into the certiorari ^ 

 Court of Queen's Bench. 



12. When any distress shall be made for any money to be Distress not 



levied by virtue of tlie warrant of an}' justice under this act, unlawful for 



want of form. 



