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Appeal to quarter sessions against a second or third conviction.
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36. Provided always, that it shall be lawful for the party convicted of any such second or third offence to appeal to the quarter sessions of the division within which such person shall reside, or, if in the police district of Dublin Metropolis, to the recorder of the city of Dublin at the quarter sessions then next ensuing, unless such sessions shall be held within twelve days next after such conviction, and in that case to the then next subsequent sessions; and in such case the party so convicted shall, before the convicting justice or justices, forthwith enter into a recognizance, with two sufficient sureties, personally to appear at such quarter sessions, and to abide the judgment of the court thereupon, and to pay such costs as shall be by the court awarded, which recognizances such justices are hereby authorized to require and take, or in failure of the party convicted entering into such recognizance the conviction shall remain good and valid to all intents and purposes; and the said justices who shall take such recognizance from the party convicted are also hereby required to bind the person who shall make such charge in a recognizance to appear at such quarter sessions as aforesaid, then and there to give evidence against the person so charged, and in like manner to bind any other person who shall have any knowledge of the circumstances of such offence; and it shall be lawful for such court of quarter sessions to adjudge such person to be guilty of any such second or third offence against the provisions of this Act, as the case may be, and such adjudication shall be final to all intents and purposes; and it shall be lawful for such court of quarter sessions to punish such offender by fine not exceeding the sum of one hundred pounds, together with the costs of such appeal, or to adjudge the licence granted to and held by or on behalf of such offender to be forfeited and void, or to adjudge that no wine shall be sold by retail in the house or premises mentioned in the licence of such offender for the term of two years from the date of such adjudication, or to punish such offender by such fine as aforesaid, and to adjudge such premises to be disqualified for the sale of wine as aforesaid, and such licence to be forfeited and void; and if such licence shall be adjudged to be forfeited and void, it shall thenceforth be void accordingly; and whenever in such case or in any other case the licence of such offender shall be adjudged to be void, such offender shall from and after such adjudication be deemed and taken to be incapable of selling wine by retail in any house kept by him for the space of two years, to be computed from the time of such adjudication; and any licence granted to such person during such term shall be void to all intents and purposes.
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