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Rule for Cer. tiorari to state Objections.
to have authorized the drawing up thereof free from the said Omission or Mistake, it shall be lawful for the Court, upon such Terms as to Payment of Costs as it shall think fit, to amend such Order or Judgment, and to adjudicate thereupon as if no such Omission or Mistake had existed: Provided always, that no Objection on account of any Omission or Mistake in any such Order or Judgment brought up upon a Return to a Writ of Certiorari shall be allowed unless such Omission or Mistake shall have been specified in the Rule for issuing such Certiorari.
VIII. And whereas the Statutes giving a Right of Appeal Recognizances. against Orders or summary Convictions frequently require a Recognizance or Recognizances to be entered into as a Condition of such Appeal, and Appellants are liable to be prevented from trying their Appeals upon the Merits, in consequence of Imper'fections in the taking of such Recognizances:' Be it enacted, That where any Recognizance or Recognizances which shall have been entered into within the Time by Law required before any Justice or Justices for the Purpose of complying with any such Condition of Appeal shall appear to the Court before which such Appeal is brought to have been insufficiently entered into, or to be otherwise defective or invalid, it shall be lawful for such Court, if it shall so think fit, to permit the Substitution of a new and sufficient Recognizance or new and sufficient Recognizances to be entered into before such Court in the Place of such insufficient, defective, or invalid Recognizance or Recognizances, and for that Purpose to allow such Time, and make such Examination, and impose such Terms as to Payment of Costs to the Respondent or Respondents, as to such Court shall appear just and reasonable; and such substituted Recognizance or Recognizances shall be as valid and effectual to all Intents and Purposes as if the same had been duly entered into at any earlier Time or Times as required by any Statute or Statutes for that Purpose.
Decisions of Sessions, when final.
11 & 12 Vict. c. 46.
IX. And be it enacted, That the Decisions of the Court of General or Quarter Sessions of the Peace upon the Hearing of any Appeal, as to the Sufficiency of the Statement of any Ground or Grounds of Appeal, and as to the amending or refusing to amend any Order or Judgment of a Justice or Justices appealed against, or the Statement of any Ground or Grounds of Appeal, and as to the Substitution of any new Recognizance or Recognizances as aforesaid, shall be final, and shall not be liable to be reviewed in any Court, by means of a Writ of Certiorari or Mandamus, or otherwise.
X. And be it enacted, That every Court of General or Quarter Sessions of the Peace, on the Trial of any Offence within its Jurisdiction, whenever any Variance or Variances shall appear between any Matter in Writing or in Print produced in Evidence and the Recital or setting forth thereof in the Indictment, shall have the same Power in all respects to cause the Indictment to be amended which is given to Courts of Oyer and Terminer and General Gaol Delivery with regard to Offences tried before such last-mentioned Courts by virtue of an Act of the Twelfth Year of Her Majesty's Reign, intituled An Act for the Removal of Defects in the Administration of Criminal Justice; and after such Amendment the Trial shall proceed in the same Manner in all respects, both
with regard to the Liability of Witnesses to be indicted for Perjury and otherwise, as if no such Variance or Variances had appeared.
to the Sessions
XI. And be it enacted, That at any Time after Notice given Power to state of Appeal to any Court of General or Quarter Sessions of the a Special Case Peace against any Judgment, Order, Rate, or other Matter, (ex- without going cept an Order in Bastardy, or a Proceeding under or by virtue of any of the Statutes relating to Her Majesty's Revenue of Excise or Customs, Stamps, Taxes, or Post Office,) for which the Remedy is by such Appeal, it shall be lawful for the Parties, by Consent, and by Order of any Judge of one of the Superior Courts of Common Law at Westminster, to state the Facts of the Case in the Form of a Special Case for the Opinion of such Superior Court, and to agree that a Judgment in conformity with the Decision of such Court, and for such Costs as such Court shall adjudge, may be entered on Motion by either Party at the Sessions next or next but one after such Decision shall have been given; and such Judgment shall and may be entered accordingly, and shall be of the same Effect in all respects as if the same had been given by the Court of General or Quarter Sessions upon an Appeal duly entered and continued.
XII. And whereas by a Statute passed in the Tenth Year of References to King William the Third, intituled An Act for determining Differ- Arbitration. ences by Arbitration, Provision was made for rendering more 9 & 10 W. 3. 'effectual the Awards of Arbitrators in the Case of Controversies
⚫ and Disputes for which there is no other Remedy but by personal Action or by Suit in Equity: And whereas it is expedient in like Manner to facilitate and render more effectual References 'to Arbitration of Controversies and Disputes for which the Remedy is by Appeal to a Court of General or Quarter Sessions of the Peace :' Be it enacted, That at any Time after Notice given of Appeal to any Court of General or Quarter Sessions of the Peace against any Order, Rate, or other Matter, (except a summary Conviction, or an Order in Bastardy, or any Proceeding under or by virtue of any of the Statutes relating to Her Majesty's Revenue of Excise or Customs, Stamps, Taxes, or Post Office,) for which the Remedy is by such Appeal, it shall be lawful for the Parties, by themselves or their Attornies, and by Order of a Judge of Her Majesty's Court of Queen's Bench, to submit the Matter or Matters of such Appeal to the Award or Umpirage of any Person or Persons, and to agree that such Submission should be made a Rule of the said Court of Queen's Bench, and to insert such Agreement in their Submission or the Condition of the Bond or Promise whereby they oblige themselves respectively to submit to the Award or Umpirage of such Person or Persons; and thereupon such and the like Proceedings in all respects shall and may be taken with regard to Submissions under this Act, and to enforcing Awards or Umpirages thereupon, and to setting aside the same, as are authorized by the said Act of King William the Third with regard to the Cases therein provided for; and every Award or Umpirage duly made under this Act shall be as binding and effectual to all Intents as if the same had been a regular Judgment of the said Court of General or Quarter Sessions, and shall and may, on the Application of either Party, be enrolled among the Records of the said Court of Sessions.
References by Order of Court
Where Reference abortive, Queen's Bench may order Sessions to hear the Appeal.
3&4 W. 4. c. 42.
XIII. And be it enacted, That it shall be lawful for any Court of General or Quarter Sessions of the Peace before which any Appeal (except against a summary Conviction, or an Order in Bastardy, or any Proceeding under or by virtue of any of the Statutes relating to Her Majesty's Revenue of Excise or Customs, Stamps, Taxes, or Post Office,) shall be brought, to order, with Consent of the Parties or their Attornies, that the Matter or Matters of such Appeal be referred to Arbitration to such Person or Persons and in such Manner and on such Terms as the said Court shall think reasonable and proper; and such Order may be made a Rule of the Court of Queen's Bench, on the Application of either Party; and the Award of the Arbitrator or Arbitrators, or Umpirage of the Umpire, may, on Motion by either Party at the Sessions next or next but one after such Award or Umpirage shall have been finally made and published, or after the Decision of the Court of Queen's Bench on any Motion for setting aside the same, be entered as the Judgment of the Court of General or Quarter Sessions in the Appeal, and shall be as binding and effectual to all Intents as if given by the said Court: Provided always, that the Court of Queen's Bench may, if it think fit, on Application within the Term next after the making and Publication of such Award or Umpirage, either refer the Case back again to the same Arbitrator, Arbitrators, or Umpire, or wholly set aside the Award or Umpirage already made, and may in the latter Event order the Court of General or Quarter Sessions to enter Continuances and hear the Appeal.
XIV. And be it enacted, That if upon any Reference to Arbitration under this Act it shall be made to appear to the Court of Queen's Bench that, either from the Death of the Arbitrator or Arbitrators or Umpire, or from any other Cause, it has become impossible that an Award or Umpirage can be made, it shall be lawful for the said Court to order the Court of General or Quarter Sessions of the Peace to enter Continuances and hear the Appeal. XV. And be it enacted, That the several Provisions relating to to be applicable Arbitrations contained in an Act of the Fourth Year of King William the Fourth, intituled An Act for the further Amendment of the Law and the better Advancement of Justice, shall be deemed and taken to be applicable to Arbitrations under this Act; and in every such Arbitration the Arbitrator or Arbitrators or Umpire shall have the same Powers of Amendment which the Court of General or Quarter Sessions of the Peace would have had on the Trial of the Appeal.
under this Act.
Arbitrators to have Power of Amendment.
for Prosecution and Trial of Appeal.
3 G. 4. c. 46. Levying and Recovery of Fines, Issues, and Amerciaments.
XVI. And be it enacted, That no Recognizance entered into pursuant to any Statute or Statutes for the Prosecution and Trial of any Appeal shall be deemed to be forfeited by such Agreement as aforesaid for the Statement of a Special Case without previously going to the Court of General or Quarter Sessions, or by any Submission to Arbitration under the Provisions of this Act.
XVII. And whereas by an Act passed in the Third Year of 'the Reign of King George the Fourth, intituled An Act for the more speedy Return and levying of Fines, Penalties, and For'feitures, and Recognizances estreated, Provision is made for authorizing the levying and Recovery of Fines, Issues, Amerciaments, and forfeited Recognizances set, imposed, lost, or forfeited
by or before any Justice or Justices of the Peace in England: And whereas it is expedient that the subsequent Proceedings in such Cases should be uniform:' Be it enacted, That the Proceedings subsequent to such Authority given for so levying and recovering as aforesaid shall and may be the same in all respects in the Case of such Fines, Issues, and Amerciaments as are by the said Act provided, permitted, and required in the Case of such forfeited Recognizances.
XVIII. And be it enacted, That in all Cases where any Order Enforcing shall be made by any Court of General or Quarter Sessions of the Orders of SesPeace it shall be lawful for the Court of Queen's Bench, or for any Judge of that Court at Chambers, either in Term or Vacation, upon the Application of any Person entitled to enforce such Order, and upon the Production of a Copy of such Order under the Hand of the Clerk of the Peace or his Deputy, and upon Proof of Refusal or Neglect to obey such Order, to order and direct such Order of the Court of General or Quarter Sessions to be removed into the said Court of Queen's Bench, and thereupon such Order shall be of the same Force and Effect, and may be enforced in the same Manner, as a Rule made by the said Court of Queen's Bench; and all the reasonable Costs and Charges attendant upon such Application and Removal shall be recoverable in like Manner as if the same were Part of such Order.
XIX. And be it enacted, That nothing in this Act contained Extent of Act. shall extend to Scotland or Ireland.
XX. And be it enacted, That this Act shall come into operation Commencement on the First Day of November One thousand eight hundred and of Act. forty-nine.
XXI. And be it enacted, That this Act may be amended Act may be or repealed by any Act to be passed in this present Session of amended, &c. Parliament.
CA P. XLVI.
An Act to facilitate the Union of Turnpike Trusts.
[28th July 1849.] W HEREAS it is expedient, for the better and more econo
mical Management of Turnpike Trusts, that all which 'can be conveniently managed together should be united where 'the same can be effected without Injury to the Creditors of any ' of the said Trusts :' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That where the General Trustees of Annual Meetings of the Trustees of Two or more Turnpike Roads several Turn. have for Three Years next preceding such Notice as next herein- pike Roads may hold joint after mentioned been held at the same Place or at Places distant Meetings, and not more than Ten Miles from each other, Two or more of the if deemed exTrustees of each of such Roads may call a joint Meeting of the pedient to Two Trustees of such several Roads, at a Place to be specified in Thirds of Trusthe Notice of such Meeting, for the Purpose of taking into con- Trusts may be sideration a Proposition for the Union of the Trusts of such several united, on Roads, of which Meeting and of the Purpose thereof Twenty-one Assent being Days Notice shall be given, in like Manner as Notice of the obtained from
General Annual Meeting of the Trustees of such respective Roads is by Law required to be given; and if at such Meeting it shall appear to a Majority, being not less than Two Thirds of the Trustees of each of the Trusts so proposed to be united then present, that such Union is expedient, and that the same can be effected without Injury to the Interests of any of the Creditors of any of the said Trusts, the said Trustees may resolve to unite the same, and shall in such Case, within Twenty Days after such Meeting, send Notice of such Resolution, together with a Report of the Reasons for which the said Union is considered by them expedient, and a Statement of the Income and Expenditure of all the Trusts proposed to be so united, and of the Debts of every such Trust, to all the Creditors of the same, such Notice and Report to be delivered at the usual Place of Abode of every such Creditor, or at the Bank or other Place where the Interest on the Debt due to such Creditor is usually paid, with Instructions to forward the same to such Creditor; and whenever the Assent in Writing to the proposed Union of the Creditors of each of the said Trusts to whom Three Fifths in Amount of the Debts due from such Trust shall be owing, or of Persons legally qualified to assent in behalf of such Creditors, shall have been obtained, the Union of the said Trusts, together with the Assents and the Reports and Accounts on which such Union is founded, shall be registered in the Office of the Clerk of the Peace in every County through which the Roads of such united Trusts pass; and from and after the Date of such Registration the said Trusts shall become and continue One united Trust, and all the Trustees of every Trust so united shall be Trustees of the said united Trusts. II. And be it enacted, That every such Trust shall be called and known as "The United Trust of Roads," and shall Liabilities, &c. be subject to all the Liabilities of each Trust so united, and be entitled to all the Tolls, Profits, and other Property of each such Trust, and all Payments shall be made from the common Fund of the said Trusts so united; and all the Provisions of the General Turnpike Acts shall be applicable to such united Trust.
United Trust subject to
Special Provisions limited.
Nothing to affect existing Rights, &c.
Extent of Act.
III. Provided always, and be it enacted, That all special Provisions in any of the said Acts as to the Amount of Tolls or Exemptions, or other Arrangements respecting any particular Portion of any One of such Roads, shall be held to apply to that Road only, and not to the whole united Trust.
IV. Provided also, and be it enacted, That nothing in this Act contained shall extend or be construed to extend to affect, destroy, or alter any Right or Interest of any Person to or in any Office under any Turnpike Trust to which such Person may have been lawfully entitled before the passing of this Act.
V. And be it enacted, That any Trust so united may hold its subsequent Meetings at any Place at which any of the said Trusts might have held its Meetings prior to such Union, and that after the Expiration of Three Years may in like Manner and under the same Conditions unite with any other Trust, Trusts, or united Trust meeting at the same.
VI. And be it enacted, That this Act shall not extend to Scotland or Ireland.