Chimney Sweepers and Chimneys Regulation Act, 1840

Appeal.

11. Any person who shall think himself or herself aggrieved by any conviction by any justice or justices of the peace under this Act, may appeal to the next court of general or quarter sessions of the peace [2] which shall be holden not less than twelve days after the day of such conviction for the county riding, city, borough, division, or place 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 session, and shall also either remain in custody until the session, or enter into a recognizance, with two sufficient sureties, before a justice of the peace conditioned personally to appear at the said session of the peace, 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 session 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 affirmance of the conviction shall order and adjudge the offender to be punished according to the conviction, and to pay such costs as shall be awarded, and shall, if necessary, issue process for enforcing such judgment]; and all judgments, determinations, and proceedings of such justices not appealed from as aforesaid, and of such sheriff or quarter sessions, shall be final, and not subject to review by any process of law or court whatever, any law or usage to the contrary notwithstanding.

[2 Words in brackets rep. except as to Ireland, 55 & 56 Vict. c. 19 (S.L.R.)]