Parish settlements and the practice of appeals ... / Jellinger C. Symons.

  • Jelinger Cookson Symons
Date:
1846
Catalogue details

Licence: Public Domain Mark

Credit: Parish settlements and the practice of appeals ... / Jellinger C. Symons. Source: Wellcome Collection.

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    power to respite an appeal, and may refuse to do so unless the costs of the day are paid, wherever due notice of ap¬ peal has been given (p). The sessions may also adjourn an appeal for further hearing, and will at all times do so upon reasonable grounds. They must adjourn it wherever the grounds of appeal have been sent, but due notice of appeal has not been given according to 9 Geo. 1, c. 7, s. 8, which see post, “ Notice of Appeal.” The usual practice is, that the motion to enter and respite an appeal is a mere motion of course, on which the appeal is put into a particular paper, without any communication to the respondents (</). Entry of order whilst a prior appeal against the same order is pending.—It is irregular, without the consent of the respondents, for the appellants to enter and respite an appeal against an order confirmed at the same sessions, sub¬ ject to a case. Such first appeal is either conclusive against them, or is then pending, and the sessions to which the second appeal is respited are justified in refusing to re¬ cognize such second entry. It is to be viewed in the light of an ex parte substitute for the first appeal (q). Case where order quashed may he abandoned.—Where the order is quashed, subject to a case, the respondents need not pursue it, for “ there is nothing final and conclusive in the respondents having applied for and obtained from the quarter sessions liberty to state a case, so as to preclude them from having recourse to any other form of proceed¬ ing which might be open to them. It is a benefit they may forego (f).” Therefore, where the order has been quashed on a point of form, and not on the merits, as was the case in Reg. v. Great Bolton, it was held competent to the respondents to disregard the case, and obtain a fresh order upon the same (p) B. v. Monmouthshire, 1 B. & A. 859. (q) Beg. v. Oundle, 3 Q. B. 353, n.
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