Quarter Sessions Act 1849
| Jurisdiction | UK Non-devolved |
(12 & 13 Vict.) C A P. XLV.
[28th July 1849]
'WHEREAS, in Cases of Appeal to Courts of General or Quarter Sessions of the Peace, it is expedient that the Lawshould be more uniform:' Be it therefore 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 in every Case of Appeal (except as herein-after mentioned) to any Court of General or Quarter Sessions of the Peace Fourteen clear Days Notice of Appeal at least shall be given, and such shall be sufficient Notice, any Actor Acts, or any Rule or Practice of any Court or Courts, to the contrary notwithstanding; and such Notice of Appeal shall be in Writing, signed by the Person or Persons giving the same, or by his, her, or their Attorney on his, her, or their Behalf, and the Grounds of Appeal shall be specified in every such Notice: Provided always, that it shall not be lawful for the Appellant or Appellants, on the Trialof any such Appeal, to go into or give Evidence of any other Ground of Appeal besides those set forth in such Notice.
II Act not to affect Appeals against Orders of Removal, Orders of Bastardy, &c.
II. And be it enacted, That none of the Provisions herein-before contained relating to Notices of Appeal shall be construed to affect or alter the Law as to Notice of Appeal against a summary Conviction, or against an Order of Removal, or against an Order under any Statute relating to Pauper Lunatics, or against an Order in Bastardy, or against 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, but the Law with regard to Notices of all such Appeals shall be deemed and taken to be the same as if the Provisions herein-before contained had not been enacted.
III Defects in Statement of Grounds of Appeal.
III. 'And whereas a Statement of the Grounds of Appeal, when required by this or any other Statute, is for the Purpose of enabling the Party receiving it to inquire into the Subject of such Statement, and, if need be, to prepare for Trial:' Be it therefore enacted, That upon the Hearing of any Appeal to any Court of General or Quarter Sessions of the Peace no Objection on account of any Defect in the Form of setting forth any Ground of Appeal shall be allowed, and no Objection to the Reception of legal Evidence offered in support of any Ground of Appeal shall prevail, unless the Court shall be of opinion that such Ground of Appeal is so imperfectly or incorrectly set forth as to be insufficient to enable the Party receiving the same to inquire into the Subject of such Statement, and to prepare for Trial: Providedalways, that in all Cases where the Court shall be of opinion that any Objection to any Ground of Appeal, or to the Reception of Evidence in support thereof, ought to prevail, it shall be lawful for such Court, if it shall so think fit, to cause any such Ground of Appeal to be forthwith amended by some Officer of the Court, or otherwise, on such Terms as to Payment of Costs to the other Party, or postponing the Trial to another Day in the same Sessions or to the next subsequent Sessions, or both Payment of Costs and Postponement, as to such Court shall appear just and reasonable.
IV Frivolous Grounds of Appeal.
IV. And be it enacted, That if in any Notice of Appeal the Appellant or Appellants shall have included any Ground or Grounds of Appeal which shall in the Opinion of the Court determining the Appeal be frivolous or vexatious, such Appellant or Appellants shall be liable, if the Court shall so think fit, to pay the whole or any Part of the Costs incurred by the Respondent or Respondents in disputing any such Ground or Grounds of Appeal, such Costs to be recoverable in the Manner herein-after directed as to the other Costs incurred by reason of such Appeal.
V Sessions to have a general Power to give Costs in all Cases of Appeal.
V. And be it enacted, That upon any Appeal to any Court of General or Quarter Sessions of the Peace the Court before whom the same shall be brought may, if it think fit, order and direct the Party or Parties against whom the same shall be decided to pay to the other Party or Parties such Costs and Charges as way to such Court appear just and reasonable, such Costs to be recoverable in the Manner provided for the Recovery of Costs upon an Appeal against an Order or Conviction by an Act passed in the Twelfth Year of Her Majesty's Reign, intituled Englandand Wales with respect to summary Convictions and Orders .
VI Frivolous Appeals.
VI. And for the more effectual Prevention of frivolous Appeals, be it enacted, That any Court of General or Quarter Sessions of the Peace, upon Proof of Notice of any Appeal to the same Court having been given to the Party or Parties entitled to receive the same, though such Appeal was not afterwards prosecuted or entered, may, if it so think fit, at the same Sessions for which such Notice was given, order to the Party or Parties receiving the same such Costs and Charges as by the said Court shall be thought reasonable and just to be paid by the Party or Parties giving such Notice, such Costs to be recoverable in the Manner last aforesaid.
VII Amendment of Orders or Judgments of Justices on Appeal or Return to Certiorari.
VII. 'And...
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