The Sun.
London, England, 1835-10-07 00:00:00

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MUNICIPAL REFORM BILL.

FIFTH AND SIXTH WILLIAM IV.

AN ACT TO PROVIDE FOR THE REGULATION
OF MUNICIPAL CORPORATIONS IN ENGLAND
AND WALES.-SHPT. 0, 1835.

(Continued from The Sun of yesterday).
APPEALS AGAINST CONVICTIONS UNDER TIIIS ACT. •
131. Arad be it enacted, that any person who shall think
himself aggrieved by any summary conviction in pursuance
of this Act may appeal to the next court of general or
quarter sessions of the peace to be holden not less than
twelve days after such conviction for the county or fcr the
borough 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 mat-
ter 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 enter into
a recognizance, with a sufficient surety, before a justice of
the peace, within such three days, or at any time during
his custody, on giving to the complainant three days' no-
tice in writing of his intention so to do, and of the name,
description, and place of abode of his proposed surety,
conditioned 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 re-
cognizance entered into, the justice before whom the samo
shall be entered into shall liberate such person, if in cus-
tody ; and the court at such session shall hear and determine
the matter of the appeal, and shall make such order therein,
with or without costs to their 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 offender 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 enforcing such judgment.
NO CERTIORARI, &C., AS TO INFORMALITY IN WARRANTS,&C.
132. And be it enacted, that no conviction, order, war-
rant, or other matter made or purporting to be made by
virtue of this Act shall be quashed for want of form, or be
removed by certiorari or otherwise into any of his Majesty's
Courts of Record at Westminster ; and no warrant of com-
mitment shall be held void by reason of any defect therein,
provided that it be therein alleged that it is founded on a
conviction, and there be a good and valid conviction to sus-
tain the same ; and where any distress shall be made for
levying any money by virtue of this Act, the distress itself
shall not be deemed unlawful, nor the party making tho
same be deemed a trespasser, on account of any defect or
want of form in the summons, conviction, warrant of distress
or other proceedings relating thereto, nor shall the party
distraining be deemed a trespasser ab initio on account of
any irregularity afterwards committed by him ; but the per-
son aggrieved by such irregularity may recover full satis-
faction for the special damage, if any, in an action upon the
case.

VENUE IN PROCEEDINGS AGAINST PERSONS ACTING UNDER
THIS ACT.-NOTICE OF ACTION. GENERAL ISSUE.-
TENDER OF AMENDS, &C.

133. And for the protection of persons acting in the
execution of this Act, be it enacted, that all actions and
prosecutions to be commenced against any person for any
thing done in pursuance of this Act shall be laid and tried
in the county where the fact was committed, and shall be
commenced within six calendar months after the fact com-
mitted, and not otherwise ; and notice in writing of such
action, and of the cause thereof, shall be given to the de-
fendant one calendar month at least before the commence-
ment of the action ; and in any such action the defendant
may plead the general issue, and give this Act and the
special matter in evidence at any trial to be had thereupon ;
and no plaintiff shall recover in any such action if tender
of sufficient amends shall have been made before such action
brought, or if a sufficient sum of money shall have been
paid into court after such action brought by or on behalf
of the defendant ; and if a verdict shall pass for the defen-
dant, or the plaintiff shall become nonsuit, or discontinue
any such action after issue joined, or if upon demurrer or
otherwise judgment shall be given against the plaintiff, the
defendant shall recover his full costs as between attorney
and client, and have the like remedy for the same as any
defendant bath by law in other cases.