THE ENGLISH GAME LAW. 441 



and that where any person shall be charged on the oath of a credible 

 witness with any s\ich offence before a justice of the peace, the justice 

 may summon the party charged to appear before himself, or any one or 

 two justices of the peace, as the case may require, at a time and place to 

 be named in such summons ; and if such party shall not appear accord- 

 ingly, then (upon proof of the due service of the summons by delivering a 

 copy thereof to the party, or by delivering such copy at the party's usual 

 place of abode to some inmate thereat, and explaining the purport 

 thereof to such inmate), the justice or justices may either proceed to hear 

 and determine the case in the absence of the party, or may issue his or 

 their warrant for apprehending and bringing such party before him or 

 them, as the case may be ; or the justice before whom the charge shall 

 be made may, if he shall have reason to suspect from information upon 

 oath that the party is likely to abscond, issue such warrant in the first 

 instance, without any previous summons. 



XLII. Prosecutor not required to prove a negative. 



XLIII. Convictions to be returned to sessions. 



XLIV. Appeal. And be it enacted, that any person who shall think 

 himself aggrieved by any summary conviction in pursuance of this act 

 may appeal to the justices at the next general or quarter sessions of the 

 peace to be holden, not less than twelve days after such conviction, for the 

 county, riding, division, liberty, franchise, city, or town, wherein the 

 cause of complaint shall have arisen : provided, that such person shall 

 give to the complainant a notice in writing of such appeal, and of the cause 

 and matter thereof, within three days after such conviction, and seven 

 clear days at the least before such sessions, and shall also either remain 

 in custody until the sessions, or within such three days enter into a re- 

 cognizance, with a sufficient surety, before a justice of the peace, con- 

 ditioned personally to appear at the said sessions, and to try such appeal, 

 and to abide the judgment of the court thereupon, and to pay such costs 

 as shall be by the court awarded ; and upon such notice being given, and 

 such recognizance being entered into, the justice before whom the same 

 shall be entered into shall liberate such person, if in custody ; and the 

 court at such sessions shall hear and determine the matter of the appeal, 

 and shall make such order therein, with or without costs to either party, 

 as to the court shall seem meet, and in case of the dismissal of the appeal, 

 or the affirmance of the conviction, shall order and adjudge the oflcnder 

 to be dealt with and punished according to the conviction, and to pay such 

 costs as shall be awarded, and shall, if necessary, issue process for enforc- 

 ing such judgment. 



XLV. No certiorari, &c. 



XL VI. This act not to preclude actions for trespass, but no double 

 proceedings for the same trespass. 



XL VII. Venue, &c. in proceedings against persons acting under this 

 act. Tender of amends. 



XL VIII. Act not to extend to Scotland or Ireland. 



