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the special Act, or by any Bye Law of the Company affecting other
Persons than the Shareholders, Officers, or Servants of the Com-
pany, and of the Amount of every such Penalty, and shall cause
such Particulars to be painted on a Board, or printed upon Paper
and pasted thereon, and shall cause such Board to be hung up or
affixed on some conspicuous Part of the principal Place of Busi-
ness of the Company, and where any such Penalties are of local
Application shall cause such Boards to be affixed in some con-
spicuous Place in the immediate Neighbourhood to which such
Penalties are applicable or have reference; and such Particulars
shall be renewed as often as the same or any Part thereof is
obliterated or destroyed; and no such Penalty shall be recover-
able unless it shall have been published and kept published in the
Manner herein-before required.

Recovery of

Damages and

Penalties,

CXLIV. If any Person pull down or injure any Board put up Penalty for deor afixed as required by this or the special Act for the Purpose of facing Boards publishing any Bye Law or Penalty, or shall obliterate any of the used for such Letters or Figures thereon, he shall forfeit for every such Offence a Sum not exceeding Five Pounds, and shall defray the Expences attending the Restoration of such Board.

Publication.

Two Justices.

CXLV. Every Penalty or Forfeiture imposed by this or the Penalties to be special Act, or by any Bye Law made in pursuance thereof, the summarily reRecovery of which is not otherwise provided for, may be recovered covered before by summary Proceeding before Two Justices; and on Complaint being made to any Justice he shall issue a Summons requiring the Party complained against to appear before Two Justices at a Time and Place to be named in such Summons, and every such Summons shall be served on the Party offending either in Person or by leaving the same with some Inmate at his usual Place of Abode; and upon the Appearance of the Party complained against, or in his Absence, after Proof of the due Service of such Summons, it shall be lawful for any Two Justices to proceed to the hearing of the Complaint, and that although no Information in Writing or in Print shall have been exhibited before them; and upon Proof of the Offence, either by the Confession of the Party complained against, or upon the Oath of One credible Witness or more, it shall be lawful for such Justices to convict the Offender, and upon such Conviction to adjudge the Offender to pay the Penalty or Forfeiture incurred, as well as such Costs attending the Conviction as such Justices shall think fit.

CXLVI. If forthwith upon any such Adjudication as aforesaid Penalties to be the Amount of the Penalty or Forfeiture, and of such Costs as levied by Disaforesaid, be not paid, the Amount of such Penalty and Costs tress. shall be levied by Distress, and such Justices, or either of them, shall issue their or his Warrant of Distress accordingly.

Distress.

CXLVII. It shall be lawful for any such Justice to order any Imprisonment Offender so convicted as aforesaid to be detained and kept in safe in default of Custody until Return can be conveniently made to the Warrant of Distress to be issued for levying such Penalty or Forfeiture and Costs, unless the Offender give sufficient Security, by way of Recognizance or otherwise, to the Satisfaction of the Justice, for his Appearance before him on the Day appointed for such Return, such Day not being more than Eight Days from the Time of taking such Security; but if before issuing such Warrant of Dis

S 4

tress

Recovery of Damages and Penalties.

Distress how to be levied.

Distress not un

lawful for Want of Form.

Application of
Penalties.

Penalties to be

Six Months.

tress it shall appear to the Justice, by the Admission of the Offender or otherwise, that no sufficient Distress can be had within the Jurisdiction of such Justice whereon to levy such Penalty or Forfeiture and Costs, he may, if he thinks fit, refrain from issuing such Warrant of Distress; and in such Case, or if such Warrant shall have been issued, and upon the Return thereof such Insufficiency as aforesaid shall be made to appear to the Justice, then such Justice shall by Warrant cause such Offender to be committed to Gaol, there to remain without Bail for any Term not exceeding Three Months, unless such Penalty or Forfeiture and Costs be sooner paid and satisfied.

CXLVIII. Where in this or the special Act, or any Act incorporated therewith, any Sum of Money, whether in the Nature of Penalty or otherwise, is directed to be levied by Distress, such Sum of Money shall be levied by Distress and Sale of the Goods and Chattels of the Party liable to pay the same; and the Overplus arising from the Sale of such Goods and Chattels, after satisfying such Sum of Money, and the Expences of the Distress and Sale, shall be returned, on demand, to the Party whose Goods shall have been distrained.

CXLIX. No Distress levied by virtue of this or the special Act, or any Act incorporated therewith, shall be deemed unlawful, nor shall any Party making the same be deemed a Trespasser, on account of any Defect or Want of Form in the Summons, Conviction, Warrant of Distress, or other Proceeding relating thereto, nor shall such Party be deemed a Trespasser ab initio on account of any Irregularity afterwards committed by him, but all Persons aggrieved by such Defect or Irregularity may recover full Satisfaction for the special Damage in an Action upon the Case.

CL. The Justices by whom any such Penalty or Forfeiture shall be imposed may, where the Application thereof is not otherwise provided for, award not more than One Half thereof to the Informer, and shall award the Remainder to the Overseers of the Poor of the Parish in which the Offence shall have been committed, to be applied in aid of the Poor's Rate of such Parish, or if the Place wherein the Offence shall have been committed shall be extra-parochial, then such Justices shall direct such Remainder to be applied in aid of the Poor's Rate of such extraparochial Place, or, if there shall not be any Poor's Rate therein, in aid of the Poor's Rate of any adjoining Parish or District.

CLI. No Person shall be liable to the Payment of any Penalty sued for within or Forfeiture imposed by virtue of this or the special Act, or any Act incorporated therewith, for any Offence made cognizable before a Justice, unless the Complaint respecting such Offence shall have been made before such Justice within Six Months next after the Commission of such Offence.

Damage to be made good in addition to Penalty.

CLII. If, through any Act, Neglect, or Default on account whereof any Person shall have incurred any Penalty imposed by this or the special Act, any Damage to the Property of the Company shall have been committed by such Person, he shall be liable to make good such Damage as well as to pay such Penalty; and the Amount of such Damages shall, in case of Dispute, be deter mined by the Justices by whom the Party incurring such Penalty shall have been convicted; and on Nonpayment of such Damages,

on demand, the same shall be levied by Distress, and such Justices, or One of them, shall issue their or his Warrant accordingly.

CLIII It shall be lawful for any Justice to summon any Person Penalty on to appear before him as a Witness in any Matter in which such Witnesses makJustice shall have Jurisdiction under the Provisions of this or the ing default. special Act, at a Time and Place mentioned in such Summons, and to administer to him an Oath to testify the Truth in such Matter; and if any Person so summoned shall, without reasonable Excuse, refuse or neglect to appear at the Time and Place appointed for that Purpose, having been paid or tendered a reasonable Sum for his Expences, or if any Person appearing shall refuse to be examined upon Oath or to give Evidence before such Justice, every such Person shall forfeit a Sum not exceeding Five Pounds for every such Offence..

CLIV. It shall be lawful for any Officer or Agent of the Com- Transient pany, and all Persons called by him to his Assistance, to seize and Offenders. detain any Person who shall have committed any Offence against the Provisions of this or the special Act, and whose Name and Residence shall be unknown to such Officer or Agent, and convey him, with all convenient Despatch, before some Justice, without any Warrant or other Authority than this or the special Act; and such Justice shall proceed with all convenient Despatch to the hearing and determining of the Complaint against such Offender.

Proceedings not

to be quashed

for Want of Form, &c.

Parties allowed to appeal to sions on giving

Quarter Ses

CLV. The Justices before whom any Person shall be convicted Form of Conof any Offence against this or the special Act, or any Act incor- viction. porated therewith, may cause the Conviction to be drawn up according to the Form in the Schedule to this Act annexed. CLVI. No Proceeding in pursuance of this or the special Act, or any Act incorporated therewith, shall be quashed or vacated for Want of Form, nor shall the same be removed by Certiorari or otherwise into any of the Superior Courts. CLVIL If any Party shall feel aggrieved by any Determination or Adjudication of any Justice with respect to any Penalty or Forfeiture under the Provisions of this or the special Act, or any Act incorporated therewith, such Party may appeal to the General Quarter Sessions for the County or Place in which the Cause of Appeal shall have arisen; but no such Appeal shall be entertained unless it be made within Four Months next after the making of such Determination or Adjudication, nor unless Ten Days Notice in Writing of such Appeal, stating the Nature and Grounds thereof, be given to the Party against whom the Appeal shall be brought, nor unless the Appellant forthwith after such Notice enter into Recognizances, with Two sufficient Sureties, before a Justice, conditioned duly to prosecute such Appeal, and to abide the Order of the Court thereon.

Security.

sonable.

CLVIII. At the Quarter Sessions for which such Notice shall Court to make be given the Court shall proceed to hear and determine the Appeal such Order as in a summary Way, or they may, if they think fit, adjourn it to they think reathe following Sessions; and upon the hearing of such Appeal the Court may, if they think fit, mitigate any Penalty or Forfeiture, or they may confirm or quash the Adjudication, and order any Money paid by the Appellant, or levied by Distress upon his Goods, to be returned to him, and may also order such further Satisfaction to be made to the Party injured as they may judge

reasonable;

Recovery of reasonable; and they may make such Order concerning the Costs, Damages and both of the Adjudication and of the Appeal, as they may think

Penalties.

Receiver of
Metropolitan
Police District

to receive
Penalties in-
curred within
his District.

reasonable.

CLIX. Provided always, and be it enacted, That notwithstanding any thing herein or in the special Act or any Act incorporated therewith, contained, every Penalty or Forfeiture imposed by this or the special Act, or any Act incorporated therewith, or by any Bye Law in pursuance thereof, in respect of any Offence which shall take place within the Metropolitan Police District, shall be recovered, enforced, accounted for, and, except where the Application thereof is otherwise specially provided for, shall be paid to the Receiver of the Metropolitan Police District, and shall be applied in the same Manner as Penalties or Forfeitures, other than Fines upon drunken Persons, or upon Constables for Misconduct, or for Assaults upon Police Constables, are directed to be recovered, enforced, accounted for, paid, and applied by an Act passed in the Third Year of the Reign of Her present Majesty, 2&3 Vict. c. 71. intituled An Act for regulating the Police Courts in the Metropolis; and every Order or Conviction of any of the Police Magistrates in respect of any such Forfeiture or Penalty shall be subject to the like Appeal, and upon the same Terms, as is provided in respect of any Order or Conviction of any of the said Police Magistrates by the said last-mentioned Act; and every Magistrate by whom any Order or Conviction shall have been made shall have the same Power of binding over the Witnesses who shall have been examined, and such Witnesses shall be entitled to the same Allowance of Expences as he or they would have had or been entitled to in case the Order, Conviction, and Appeal had been made in pursuance of the Provisions of the said last-mentioned Act.

Persons giving false Evidence

liable to Penalties of Perjury.

Money paid

into the Bank

of Ireland to be exempt from Ushers Pound

age.

CLX. And be it enacted, That every Person who, upon any Examination upon Oath, under the Provisions of this or the special Act, or any Act incorporated therewith, shall wilfully and corruptly give false Evidence, shall be liable to the Penalties of wilful and corrupt Perjury.

CLXI. And be it declared and enacted, That all Sums of Money which have been or shall be paid into the Bank of Ireland in the Name and with the Privity of the Accountant General of the Court of Chancery of Ireland, under the Provisions of an Act passed in the Second Year of the Reign of Her present Majesty, intituled 1&2 Vict.c.117. An Act to provide for the Custody of certain Monies paid in pursuance of the Standing Orders of either House of Parliament by Subscribers to Works or Undertakings to be effected under the Authority of Parliament, shall and may be paid out and applied under any Order of the said Court of Chancery exempt from Ushers Poundage.

Access to special
Act.

Copies of special Act to be kept and deposited, and allowed to be inspected.

And with respect to the Provision to be made for affording Access to the special Act by all Parties interested, be it enacted

as follows:

CLXII. The Company shall at all Times after the Expiration of Six Months after the passing of the special Act keep in their principal Office of Business a Copy of the special Act, printed by the Printers to Her Majesty, or some of them; shall also within

I

A.D.1845.

8° & 9° VICTORIE.

C.20,21.

267

Act.

the Space of such Six Months deposit in the Office of each of the Access to special Clerks of the Peace of the several Counties into which the Works shall extend a Copy of such special Act, so printed as aforesaid; and the said Clerks of the Peace shall receive, and they and the Company respectively shall retain, the said Copies of the special Act, and shall permit all Persons interested to inspect the same, and make Extracts or Copies therefrom, in the like Manner, and upon the like Terms, and under the like Penalty for Default, as is provided in the Case of certain Plans and Sections by an Act passed in the First Year of the Reign of Her present Majesty, intituled An Act to compel Clerks of the Peace for Counties, and 7 W. 4. & other Persons, to take the Custody of such Documents as shall be 1 Vict. c. 83. directed to be deposited with them under the Standing Orders of either House of Parliament.

CLXIII. If the Company shall fail to keep or deposit, as herein- Penalty on before mentioned, any of the said Copies of the special Act, they Failure to keep shall forfeit Twenty Pounds for every such Offence, and also Five Pounds for every Day afterwards during which such Copy shall be

not so kept or deposited.

Copies.

CLXIV. And be it enacted, That this Act shall not extend to Extent of Act. Scotland.

CLXV. And be it enacted, That this Act may be amended Alteration of or repealed by any Act to be passed in the present Session of Act. Parliament.

SCHEDULE referred to by the foregoing Act.

to wit.

BE it remembered, That on the

the Year of our Lord

of

Day of

in

A. B. is convicted before us C., D., Two of Her Majesty's Justices of the Peace for the County [here describe the Offence generally, and the Time and Place when and where committed], contrary to the [here name the special Act]. Given under our Hands and Seals the Day and Year first above written.

C.

D.

CA P. XXI.

An Act to amend an Act of the Fifty-third of George the
Third, for appointing a Stipendiary Magistrate for the
Townships of Manchester and Salford; and to provide a
Stipendiary Magistrate for the Division of Manchester.
[8th May 1845.]

WE
WHEREAS an Act was passed in the Fifty-third Year of

the Reign of King George the Third, intituled An Act 53 G. 3. c. 72. for the more effectual Administration of the Office of a Justice of the Peace within the Townships of Manchester and Salford in 'the Hundred of Salford in the County Palatine of Lancaster; and to provide, by means of a Rate in the said Townships and otherwise, a competent Salary to a Justice of the Peace acting 'within the said Townships; and to enable the Constables of 'Manchester and Salford to take Recognizances in certain Cases:

• And

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