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he shall give notice thereof to the justices of the peace at
Hundred ; such sessions, who shall proceed in the manner hereinafter Actions against. mentioned.
7&8 G.4.c. 31. Sect. VII. And, for the purpose of indemnifying the high Mode of reimconstable and the county treasurer, be it enacted, That if such bursing the high
constable for his high constable of the hundred or other district sued shall
produce and prove before any two justices of the peace of the fending the accounty, riding, or division, residing in or acting for such tion, &c. hundred or district, an account of the just and necessary expences which he shall have incurred in consequence of any such action as aforesaid, such justices shall make an order for the payment thereof upon the treasurer of the county, riding or division in which such hundred or district shall be situate; and if in any such action judgment shall be given against the plaintiff, the high constable shall in like manner be reimbursed for the just and necessary expenses by him incurred in consequence of such action, over and above the taxed costs to be paid by the plaintiff in such case; and if it shall be proved to any two such justices that the plaintiff in the action is insolvent, so that the high constable can have no relief as to such taxed costs, such justices shall make an order upon the treasurer of the county, riding, or division as aforesaid, for the payment of the amount of such taxed costs; and the justices Reimbursing of the peace at the next general or quarter sessions of the the county peace to be holden for any such county, riding or division, or any adjournment thereof, shall direct such sum or sums of money as shall have been paid, or ordered to be paid, by the treasurer by virtue of any such warrant or order as hereinbefore mentioned, to be raised on the hundred or other like district against the inhabitants of which any such action shall have been brought, over and above the general rate to be paid by such hundred or district in common with the rest of the county, riding, or division, under the Acts relating to county rates; and such sum or sums shall be raised in the manner directed by those Acts, and shall be forthwith paid over to the treasurer.
expenses in de
Mode of pro
Sect. VIII. And whereas it is expedient to provide a sumActions against. mary mode of proceeding where the damage is of small amount;
be it therefore enacted, That it shall not be lawful for any person 7&8 G.4, c. 31.
to commence any action against the inhabitants of any hun
dred or other like district, where the damage alleged to have ceeding in cases been sustained by reason of any of the offences in this Act where the damage does not
mentioned shall not exceed the sum of £. 30, but the party exceed £. 30. damnified shall, within seven days after the commission of the
offence, give a notice in writing of his claim for compensation, according to the form in the schedule hereunto annexed, to the high constable, or some one of the high constables (if there be more than one) of the hundred or other like district in which the offence shall have been committed ; and such high constable shall, within seven days after the receipt of the notice, exhibit the same to some two justices of the peace of the county, riding or division in which such hundred or district shall be situate, residing in or acting for sueh hundred or district, and they shall thereupon appoint a special petty session of all the justices of the peace of the county, riding or division, acting for such hundred or district, to be holden within not less than twenty nor more than thirty days next after the exhibition of such notice, for the purpose of hearing and determining any claim which may be then and there brought before them on account of any such damage; and such high constable shall, within three days after such appointment, give notice in writing to the claimant, of the day and hoạr and place appointed for holding such petty session, and shall within ten days give the like notice to all the justices acting for such hundred or district; and the claimant is hereby required to cause a notice in writing, in the form in the schedule hereunto annexed, to be placed on the church or chapel door, or other conspicuous part of the parish, township or place in which such damage shall have been sustained, on two Sundays preceding the day of holding such
Such cases to be Sect. IX. And be it enacted, That it shall be lawful for the settled by the justices, not being less than two, at such petty session or any
adjournment thereof, to hear and examine upon oath or affir
Actions against. mation the claimant, and any of the inhabitants of the hundred or other like district, and their several witnesses, concerning any
7& 8 G. 4, c. 31. such offence, and the damage sustained thereby; and thereupon the said justices, or the major part of them, if they shall justices at a
special petty find that the claimant has sustained any damage by means of sessions, any such offence, shall make an order for payment of the amount of such damage to him, together with his reasonable costs and charges, and also an order for payment of the costs and charges (if any) of the high constable or inhabitants, and shall direct such order or orders to the treasurer of the county, riding or division in which such hundred or district shall be situate, who shall pay the same to the party or parties therein named, and shall be reimbursed for the same in the manner hereinbefore directed.
Sect. X. And be it enacted, That if any high constable shall Penalty on high refuse or neglect to exhibit or give such notice as is required constable for in any of the cases aforesaid, it shall be lawful for the party
neglect. damnified to sue him for the amount of the damage sustained, such amount to be recovered by an action on the case, together with full costs of suit.
ect. XI. And be it enacted, That every action or summary Proceeding in claim to recover compensation for the damage caused to any
case of damage church or chapel by any of the offences in this act mentioned,
to a church or
chapel. shall be brought in the name of the rector, vicar or curate of such church or chapel, or in case there be no rector, vicar of curate, then in the names of the church or chapelwardens, if there be any such, and if not, in the name or names of any one or more of the persons in whom the property of such chapel may be vested; and the amount recovered in any such case shall be applied in the rebuilding or repairing such church or chapel ; and where any of the offences in this act men- In case of dationed shall be committed on any property belonging to a body mage to procorporate, such body may recover compensation against the perty belonging hundred or other like district, in the same manner and sub
to a corporation. ject to the same conditions as any person damnified is by this Act enabled to do: Provided always, that the several
Hundred ; conditions which are hereinbefore required to be performed Actims against, by or on behalf of any person damnified, may, in the case of a 7 & 8 G.4,c.31.
body corporate, be performed by any officer of such body on
behalf thereof. Where the da- Sect. XII. And whereas the offences for which compensamage is com
tion is granted by virtue of this act may be committed in mitied in any
counties of cities and towns, or in such liberties, franchises, county of a city, &c. or in any
cities, towns and places, as either do not contribute at all to liberty, &c. the payment of any county rate, or contribute thereto, but not which is not
as being part of any hundred or other like district; and it is within any hundred, or does expedient to provide for all such cases ; be it therefore enacted, not contribute That where any of the offences in this Act mentioned shall be to the county committed in a county of a city or town, or in any such rate, such
liberty, franchise, city, town or place, the inhabitants thereof county, liberty,
shall be liable to yield compensation in the same manner, and &c. shall be liable like the
under the same conditions and restrictions in all respects, as hundred. the inhabitants of the hundred; and every thing in this Act
in anywise relating to a hundred, or to the inhabitants thereof, shall equally apply to every county of a city or town, and to every such liberty, franchise, city, town and place, and to the inhabitants thereof; and where the justices of the peace of the county, riding or division, are excluded from holding jurisdiction in any such liberty, franchise, city, town or place, in every such case, all the powers, authorities, and duties by this act given to or imposed on such justices, shall be exercised and performed by the justices of the peace of the liberty, franchise, city, town or place in which the offence shall be committed; and where the offence shall be committed in a county of a city or town, all the like powers, authorities and duties shall be exercised and performed by the justices of the peace of such county of a city or town; and in every action to be brought or summary claim to be preferred under this Act against the inhabitants of a county of a city or town, or of any such liberty, franchise, city, town or place, the process for appearance in the action, and the notice required in the case of the claim, shall be served upon some one peace officer of such county, liberty, franchise, city, town or place; and all matters .which by this Act the high constable of a hundred is authorized Hundred ; or required to do in either of such cases, shall be done by the Actions against. peace officer so served, who shall have the same powers, rights and remedies as such high constable has by virtue of this Act,
-7 & 8 G.4,c.31. and shall be subject to the same liabilities, and shall, notwithstanding the expiration of his office, continue to act for all the purposes of this Act until the termination of all proceedings in and consequent upon such action or claim; but if he shall die before such termination, his successor shall act in his stead.
Sect. XIII. And, for securing the due execution of writs in Provision for the cinque ports, and in places where writs are directed to executing writs other officers than the sheriff, and in liberties where the sheriff in certain places. is not warranted in executing writs, be it enacted, That all such officers to whom any writ of execution under this act shall be directed, by whatsoever name they shall be known, shall have the same power of granting a warrant for payment of the sum by such writ directed to be levied as is hereby given to the sheriff in case of a writ of execution directed to him ; and that every sheriff and other such officer as aforesaid shall have authority to grant his warrant under this Act, notwithstanding the offence shall have been committed in, or the treasurer or other person to whom such warrant shall be directed shall reside or be in any liberty where the sheriff or officer is not warranted in executing writs.
Sect. XIV. And as to the mode of payment and reimburse- Mode of reimment under this Act, in such liberties, franchises, cities, towns bursement in and places as contribute to the payment of the county rate, liberties, cities,
and towns not but not as being part of any hundred, be it enacted, That the warrant of the sheriff or other officer upon any writ of execu- hundred, but tion against the inhabitants of any such liberty, franchise, contributing to city, town or place, and every order of justices for payment to the county rate. the party damnified therein, or to the peace officer or inhabitants thereof, by virtue of this Act, shall be directed to the treasurer of the county, riding or division in which such liberty, franchise, city, town or place shall be situate, who is hereby required to pay the same, and the justices of the peace of such