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Quarter Sessions which shall be held for the district or place wherein or nearest to where such offence shall have been committed giving to the Justice or Justices of peace whose Act or determination shall be appealed against notice in writing of such Appeal and of the ground thereof within seven days after such Act or determination and before the next General Quarter Sessions and entering within such seven days into a recognizance with sufficient securities before a Justice of the peace for the district or place in which such person shall have been convicted personally to appear and prosecute such Appeals and upon such Notice being given and such recognizance being entered into such Justice is hereby empowered to discharge such person out of custody And the Court of such General Quarter Sessions shall hear and determine the matter of such Appeal and shall make such Order thereon as shall _ to the said Court seem meet And in Case of the dismissal of the Appeal or the Affirmance of the conviction shall issue the necessary process for the Apprehension and punishment of the Offender according to the conviction.
And be it further enacted that no proceeding to be had before any Justice or
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justices of the Peace under the provisions If this Act shall be quashed for want of form and every conviction of any offender as an idle or disorderly person or as a rogue and vagabond or as an incorrigible rogue under this Act shall be in the form or to the effect following or as near thereto as circumstances will permit that is to say
to wit} Be it remembered that on the_______ day of_______ in the year of our Lord one thousand eight hundred and_________at________ in the Colony of New South Wales A.B._________ a convicted before me____________one of His Majestys Justices of the peace in and for the said Colony of being an idle and disorderly person (or a Rogue and a Vagabond, or an incorrigible Rogue) within the intent and meaning of the Act in Council made in the -______ Year of the Reign of His Majesty King William the fourth entitled "an Act for the punishment of idle and disorderly persons Rogues and Vagabonds Incorrigible Rogues and other Vagrants“ that is to say for that the said A.B. on the _____ day of______ in the said Colony________( here states the offence proved before the Magistrate) and for which said Offence the said A. B. is ordered to be committed to His Majestys
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Gaol at________as the house of Correction there to be kept to hard labour for the space of_______(or until the next General or Quarter Sessions. Given under my hand and seal the day and year and at the place first above written.______________-
And the Justice or justices of the peace in or out of session before whom any such conviction as shall take place under this Act shall be made shall and he and they is and are hereby required to cause the said conviction to be duly filed and kept on record and a copy of the conviction so filed duly certified by the Justice or justices before whom the same shall have taken place shall and may be read as Evidence in any Court of Record or before any justice or justices of the peace in or out of Sessions acting under the powers and provisions of this Act And such and the like return of such convictions shall be made and inserted in the General Returns of all proceedings and Convictions had before any Justice or justices of the peace in or out of Sessions and be transmitted to such Office in such and the like manner as in and by any Law or Ordinance now in force or which may hereafter be made respecting the same is or are required.
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And be it further Enacted that in all cases where an Action shall be brought against any Justice of the Peace, Constable or other person for or on Account of any matter or thing whatsoever done or committed by him in the execution of his duty or Office under this Act such Justice Constable or other person if he shall have judgment in his favor shall have treble costs awarded to him by the Court unless the Judge shall certify that there was a reasonable cause for such Action.
And be it further Enacted that [16] every such Action shall be commenced within three Calendar months after the cause of action or complaint shall have arisen and not afterwards and if any person or persons shall be sued for any matter or thing which he she or they shall have done in the execution of this Act he she or they may plead the general issue and give the special matter in Evidence.
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And be it further Enacted that the monies arising from the fines penalties and forfeitures imposed by this Act shall when recovered be applied and disposed of in manner heremafter mentioned that is to say such
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part thereof as the said Justice or Justices shall in their discretion think fit in payment and discharge of any reasonable expenses that may have been incurred by reason of the committing of the Offence for which any such fine penalty or forfeiture shall have become payable and the residue thereof to the party aggrieved or to the person or persons who shall inform and sue for the same as the said Justice or justices may direct.
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And be it further Enacted that this Law or Ordinance shall commence and take effect from the publication thereof in the Sydney Gazette and shall be and continue in force for the Term of