Middlesex Sessions:
Sessions Papers - Justices' Working Documents
SM | PS

September 1768

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[..] is impossible for the Bail to prosecute the AppealPlease to move on the above Affidavit,
that the Recognizance so Entred into may be discharged as to the SuretiesWe apprehend that it is not
Clear that the Recognizance is Valid as the Act 10th. Ann C:19 Sec: 120 and 172 which impowers the
Justices to Convict Poth not in case of an Appeal impower them to taken any Recognizance or other Security
for Appealing, nor is the Appeal an Act required by the Justices to be done but only the Will of the
Party Aggrieved pursuant to the Power therein given him, And We apprehend that if there is
the least Doubt of the, Legality of the Recognizance and Considering our great hardshipshope
the Court will meline to shew us favourAs we don't ask any in respect to the Appellant.

We presume the Commrs. of Stamps Sottr. who is Concerned for the Respondent in this
Matter will not on force the Recognizance to be Estreated but only endeavour to get the Justices
Conviction Confirmed by letting same Remain on Record in force agst. the Appellant in case he ever
should be met with to Answer the sameBut in case the Court should be of a different Opinion
from what is here [..] mised and Order the Recognizances to be Estreated that you will please to Endeavour
to get as much time as possible in order that some Method or other may be Contrived for their Redress

Note if they will not Consent that the Bails recogl, be respited Sine Die and the Conviction to remain Conferm'd
as a good Conviction agt. the Offender if ever he returns to this Nation you may hint to Mr. Bearcross
Council for Respondt.that upon the Face of the Conviction it is imposible to prove that Stamp in
question was Eraised or Scraped out with intent to make use of the same again as a probate of a
Will; [..] or its having been made use of beforeBecause if the Court shod. be of Opinion that
it hath be Erased Yet there can be no proof that it had been made use of beforeAs the
Stamp might have met with some injury to make it quite Necessary to Scrape out the
Writing and reprint its such as having fell into Ink, or Badly Printed, so as not to be
Intelligable, or perhaps falsly printed EtcAnd as Prosecutr. hath reced a Satisfactions
being an acquaintance of mine this proposal, Mr. Bearcroft ought to consent to as it
will be Serviceable to the Publick if the Offender ever returns




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