and who shall not make such reasonable excuse for such neglect or refusal as shall be admitted and allowed by such justice, or who appearing shall refuse to be examined on oath or affirmation and give evidence, every such person shall, on conviction before such justice, forfeit and pay for every such offence any sum not exceeding ten pounds." Id. s. 23. See the form of conviction, supra.

No certiorari.] "No conviction under this act, nor any adjudication made on appeal therefrom, shall be quashed for want of form, or be removed by writ of certiorari or otherwise, into any of Her Majesty's superior courts of record." Id. s. 34.

Proceedings for penalties.] "In every case in which, under the authority of this act, any justice shall adjudge that any offender shall pay or cause to be paid any penalty, and such offender shall refuse or neglect forthwith, or within such period as such justice shall appoint, to pay such penalty and any costs which shall have been duly assessed and ascertained by such justice, it shall be lawful for such justice, if he shall think fit, to issue his warrant, and to levy the amount of such penalty and costs, by distress and sale of the goods and chattels of such offender, together with the costs of such distress and sale; and in every such case such offender, if in custody at the time that such warrant shall be so issued, shall be forthwith discharged; but if it shall appear to such justice, that the goods and chattels of such offender are not sufficient whereon to levy such distress, together with the costs of such distress and sale, it shall be lawful for such justice to commit the offender to the common gaol or to the house of correction of the county or place for which such justice shall be then acting, for any term not exceeding one calendar month, if the penalty shall not be above 51. for any term not exceeding three calendar months, if the penalty shall be above 51. and shall not be more than 107.; and for any term not exceeding six calendar months, if the penalty shall be above 101.: provided nevertheless, that whenever such offender shall have been committed to the common gaol or house of correction in consequence of his not having duly paid such penalty and costs, such offender shall, if he pay or cause to be paid to the gaoler or keeper of the house of correction, or to whomsoever such justice shall have appointed, the penalty imposed, and costs, together with all the costs of the apprehension of him, and of the conveyance of him to the said gaol or house of correction, at any time previous to the expiration of the time for which such offender shall so have been committed, be forthwith discharged." Id. s. 25.

Penalties, how applied.] "It shall be lawful for any justice, before whom any penalty shall be recovered under the provi

sions of this act, to award, if he shall think fit, any portion of the same, not in any case exceeding one moiety thereof, to the use of the prosecutor, and the remainder to the treasurer of the county or place for which such justice shall then act." Id, s. 26.

Defects in commitment.] "No warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and that there be a good and valid conviction to sustain the same." Id. s. 34.

Appeal.] "Any person who shall think himself aggrieved by any act of any justice, done in or concerning the execution of this act, may appeal against such act to the next general or quarter sessions of the peace holden for the county or place wherein the cause of such complaint shall have arisen, unless such session shall be holden within twelve days next after such act shall have been done, and in that case to the next subsequent session holden as aforesaid, and not afterwards; provided that such person shall give to such justice notice in writing of his intention to appeal, and of the cause and matter thereof, within five days next after such act shall have been done, and seven days at the least before such session, and shall within such five days enter into a recognizance, with two sufficient sureties, before a justice acting in and for such county or place as aforesaid, conditioned to appear at the said session, 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 for any offence in reference to which the act intended to be appealed against shall have been done." Id. s. 27.

The parties aggrieved within the meaning of this appeal clause, are those only who are immediately aggrieved by the act done, and not those who are merely consequentially injured by it; and, therefore, where a licensed publican appealed, because the magistrates had granted a licence to another person who had set up a public-house within a few yards of his house, the court held that he was not a party grieved within the meaning of the act, and could not appeal. R. v. JJ. of Middlesex, 3 B. & Ad. 938. But a party may appeal against a refusal by the special sessions to grant him an ale licence; R. v. Deane et al., 2 Q. B. 96; and if in such a case the refusal be by the justices of a borough, within the Municipal Corporation Act, the appeal must be to the quarter sessions of the county, for the recorder of the borough cannot take cognizance of it. Id. In the case of a conviction by two justices, the notice of

appeal must be served upon both. R. v. JJ. of Cheshire, 9 Law J., 89, m.

"The court at such session shall hear and determine the matter of such appeal, and shall make such order therein, with or without costs, as to the said court shall seem meet; and in case the act appealed against shall be the refusal to grant or to transfer any licence, and the judgment under which such act was done be reversed, it shall be lawful for the said court to grant or to transfer such licence in the same manner as if such licence had been granted at the general annual licensing meeting, or had been transferred at a special session; and the judgment of the said court shall be final and conclusive to all intents and purposes; and in case of the dismissal of such appeal, or of the affirmance of the judgment on which such act was done, and which was appealed against, the said court shall adjudge and order the said judgment to be carried into execution, and costs awarded to be paid, and shall, if necessary, issue process for enforcing such order: provided that no justice shall act in the hearing or determination of any appeal to the general or quarter sessions as aforesaid from any act done by him in or concerning the execution of this act." Id. s. 27.

"Provided also, that when any cause of complaint shall have arisen within any liberty, county of a city, county of a town, city or town corporate, it shall be lawful for the person who shall think himself so as aforesaid aggrieved, to appeal against any such act as aforesaid, if he shall think fit, to the quarter sessions of the county within or adjoining to which such liberty or place shall be situate, subject to all the provisions hereinbefore contained." Id. s. 27.

It is very doubtful, however, whether this portion of the section has not been virtually repealed by the 105th section of the corporation act. See post, title, "Appeal," "Sessions."

Witnesses may be bound over.] “When any person shall have given notice of his intention to appeal as aforesaid, and shall have entered into recognizance as herein before directed, it shall be lawful for the justice before whom such recognizance shall have been entered into, to summon any person whose evidence shall appear to him to be material, and to require such person to be bound in recognizance to appear at the said general or quarter session, and to give evidence in such appeal : and in case any such person as aforesaid shall neglect or refuse to obey such summons, or shall refuse to enter into such recognizance, it shall be lawful for such justice as aforesaid to issue his warrant to apprehend such person so neglecting or refusing to obey such summons, and to bring him before such justice, and, if such person shall continue to refuse to enter into such recognizance, to commit him to the common gaol or

house of correction of the county or place for which such justice shall be then acting, there to remain until he shall enter into such recognizance, or shall be otherwise discharged by due course of law." Id. s. 28.

Costs.] "In every case where notice of appeal against the judgment of any justice in or concerning the execution of this act shall have been given, and such appeal shall have been dismissed, or the judgment so appealed against shall have been affirmed, or such appeal shall have been abandoned, it shall be lawful for the court, to whom such appeal shall have been made or intended to be made, and such court is hereby required, to adjudge and order that the party, so having appealed or given notice of his intention to appeal, shall pay to the justice to whom such notice shall have been given, or to whomsoever he shall appoint, such sum, by way of costs, as shall in the opinion of such court be sufficient to indemnify such justice from all cost and charge whatsoever, to which such justice may have been put in consequence of his having had served upon him notice of the intention of such party to appeal; and if such party shall refuse or neglect forthwith to pay such sum, it shall be lawful for the said court to adjudge and order that the party so refusing or neglecting shall be committed to the common gaol or house of correction, there to remain until such sum be paid; and in every case in which the judgment so appealed against shall be reversed, it shall be lawful for such court, if it shall think fit, to adjudge and order that the treasurer of the county or place, in and for which such justice whose judgment shall have been so reversed shall have acted, on the occasion when he shall have given such judgment, shall pay to such justice, or to whomsoever he shall appoint, such sum as shall, in the opinion of such court, be sufficient to indemnify such justice from all costs and charges whatsoever to which such justice may have been so put; and the said treasurer is hereby authorized to pay the same, which shall be allowed to him in his accounts." Id. 8. 29.

Recovery of penalties against justices.] 'Every penalty and forfeiture imposed by this act upon any justice, may be sued for and recovered by action of debt in any of his Majesty's courts of record at Westminster; and one moiety of every such penalty or forfeiture shall be paid to the use of his Majesty, his heirs and successors, and the other moiety to him who shall sue for the same." Id. s. 24. See sect. 6, ante, p. 20.

Actions against Justices, &c.] "Every action against any justice, constable, or other person, for or on account of any matter or thing whatsoever done or commanded by him in the execution of his duty or office under this act, shall be

commenced within three calendar months after the cause of action or complaint shall have arisen, and not afterwards; and if any person shall be sued for any matter or thing which he shall have done in the execution of this act, he may plead the general issue, and give the special matter in evidence." Id. s. 30.

Rights of the universities and vintners' company, &c. saved.] "Nothing in this act contained shall extend to alter or in any manner to affect any of the rights or privileges of the universities of Oxford or Cambridge, or the powers of the chancellors or vice chancellors of the same, as by law possessed under the respective charters of the said universities, or otherwise; (see R. v. Archdall, 3 Nev. & P. 696;) or the master, wardens, freemen, and commonalty of the vintners of the city of London, but not to extend to those freemen of the said company of vintners who have obtained the same by redemption only; nor to alter the time of granting licences for keeping inns in the city of London: provided also, that nothing in this act contained shall alter any law relating to the revenue of excise, except so far as the same is hereby expressly altered and otherwise provided for; nor to prohibit any person from selling beer in booths or other places at the time and within the limits of the ground or place in or upon which is holden any lawful fair, in like manner as such person was authorized to do before the passing of this act." Id. s. 36.

Interpretation clause.] "The word 'justice' shall be deemed to mean justice of the peace: and the words 'treasurer of the county or place' shall be deemed to include any officer acting in such capacity, or charged with the receipt and expenditure of monies from and out of which the cost of public prosecutions have been usually defrayed; the words 'peace officer' shall be deemed to include any petty constable, tithingman, headborough, beadle, or bailiff; the words 'parish officer' shall be deemed to include any churchwarden, chapelwarden, or overseer of the poor; and the said words 'justices,' 'treasurer of the county or place,' 'peace officer,' 'parish officer,' and the words high constable,' and the words 'petty constable,' and the words overseer of the poor,' and the words 'clerk of justices' shall each be deemed to include any person acting as such, and any number of justices, treasurers, peace officers, parish officers, high constables, petty constables, overseers of the poor, and clerks of justices; and the word 'person' and the word 'party' shall be deemed to include any number of persons and parties; and that the meaning of the aforesaid several words shall not be restricted, although the same may be subsequently referred to in the singular number and masculine gender only; and the word 'notice' and the word