Page images
PDF
EPUB

* III. Provided always, and be it enacted, That no Action or Information : summary Proceeding, as herein-after mentioned, shall be main: must be given tainable by virtue of this Act, for the Damage caused by any of to a Justice the said Offences, unless the Person or Persons damnified, or within Seven such of them as shall have Knowledge of the Circumstances of Days, it thie Offence, or the Servant or Servants who had the Care of the . Property damaged, shall within Seven Days after the Commission of the Offence go before some Justice of the Peace residing near and having Jurisdiction over the Place where the Offence shall have been committed, and shall state upon Oath before such Justice the Names of the Offenders, if known, and shall submit to the Examination of such Justice touching the Circumstances of the Offence, and become bound by Recognizance before him to prosecute the Offenders when apprehended: Provided also, that no And Actions Person shall be enabled to bring any such Action, unless he shall commenced commence the same within Three Calendar Months after the with Three"," Commission of the Offence.

.; Months. *

IV. And be it enacted, That no Process for Appearance in Process' to be 'any Action to be brought by virtue of this Act against any Hun served on High dred or other like District shall be served on any Inhabitant Constable, who thereof, except on the High Constable or some one of the High shall give NoConstables ( if there be more than One), who shall within Seven tice of same to Days after such Service give Notice thereof to Two Justices of Tuo Justices. the Peace of the County, Riding, or Division in which such Hundred or District shall be situate, residing in or acting for the Hundred or District; and such High Constable is hereby em- Constable may powered to cause to be entered an Appearance in the said Ac- defend same, : tion, and also to defend the same on behalf of the Inhabitants of if advised. the Hundred or District, as he shall be advised; or, instead of defending the same, it shall be lawful for him, with the Consent and Approbation of such Justices, to suffer Judgment to go by Default; and the Person upon whom, as High Constable, the Process in the Action shall be served, 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; but if such Person shall die before such Termination, the succeeding High Constable shall act in bis Stead..

V. And be it enacted, That in any Action to be brought by Inhabitants virtue of this Act against the Inhabitants of any Hundred or other

competent Witlike District, or against the Inhabitants of any County of a City nesses. or Town, or of any such Liberty, Franchise, City, Town, or Place, as is herein-after mentioned, no Inhabitant thereof shall, by reason of any Interest arising from such Inhabitancy, be exempled or precluded from giving Evidence either for the Plaintiff or for the Defendants.

VI. And be it enacted, That wherever the Plaintiff in any such If Plaintiff re. Action shall recover Judgment, whether after Verdict or by De- covers, Sheriff fault or otherwise, no Writ of Execution shall be executed on any to make out a Inhabitant of the Hundred or other like District, nor on such Warrant to High Constable; but the Sheriff, upon the Receipt of the Writ County Trea

of Execution, shall (on Payment of the Fee of Five Shillings surer, , and no more) make his Warrant to the Treasurer of the County, | Riding, or Division in which such Hundred or other like District shall be situate, commanding him to pay to the Plaintiff the Sum by the said Writ directed to be

levied, levied, and such Treasurer is hereby required to pay the same, as also any other Sum ordered to be paid by him by virtue of this Act, out of any Public Money which shall then be in his Hands, or shall come into his Hands before the next General or Quarter Sessions of the Peace for the said County, Riding, or Division; and if there be not sufficient Money for that Purpose before such Sessions, he shall give Notice thereof to the Justices of the Peace at such Sessions, who shall proceed in the Manner herein-after mentioned.

Peace for his into his Handey Public Montest

Expences of VII. And, for the Purpose of indemnifying the High Constable High Constable and the County Treasurer, be it enacted, That if such High Conmay be allowed stable of the Hundred or other District sued shall produce and by Justices. prove before any Two Justices of the Peace of the County,

Riding, or Division, residing in or acting for such Hundred or District, an Account of the just and necessary Expences which he shall bave 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 Expences 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 ihat 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 And paid by as aforesaid, for the Payment of the Amount of such taxed Costs; County Treue and the Justices of the Peace at the next General or Quarter surer.

Sessions of the 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 An extra Rate by the Treasurer by virtue of any such Warrant or Order as to be raised for herein-before mentioned, to be raised on the Hundred or other sume on the like District against the Inhabitants of which any such Action Hundred. 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.

Remedy to be VIII. And wbereas it is expedient to provide a summary Mode summary when of Proceeding where the Damage is of small Amount; be it Damage dnes therefore enacted, That it shall not be lawful for any Person to * not exceed 301. commence any Action against the Inhabitants of any Hundred or

other like District, where the Damage alleged to have been sus. tained by reason of any of the Offences in this Act mentioned shall not exceed the Sum of Thirty Pounds, but the Party damnified shall, within Seven Days

after the Commission of the Offence, give a Notice in Writing of Notice to High his Claim for Compensation, according to the form in the ScheConstable. dule hereunto annexed, to the High Constable or some One of

the High Constables (if there be more than One) of the Huns

dred or other like District in which the Offences shall have been Constable to committed ; and such High Constable shall, within Seven Days exhibit sume to after the Receipt of the Notice, exhibit the same to some Two Two Justices. Justices of the Peace of the County, Riding, or Division in which such Hundred or District shall be situate, residing in or

acting

[ocr errors]

acting for such Hundred or District, and they shall thereupon ... appoint a Special Petty Session of all the Justices of the Peace Special Sessions of the County, Riding, or Division, acting for such Hundred or to be called. 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 Claimant to in Writing to the Claimant, of the Day and Hour and Place ap- have Notice; pointed for holding such Petty Session, and shall within Ten likewise all Days give the like Notice to all the Justices acting for such Justices of the Hundred or District ; and the Claimant is hereby required to Hundred. : cause a Notice in Writing, in the Form in the Schedule hereunto Claimant to annexed, to be placed on the Church or Chapel Door, or other affix Notice of conspicuous Part of the Parish, Township, or Place in which his Claim on, such Damage shall have been sustained, on Two Sundays pre- Church Door. ceding the Day of holding such Petty Session.

· IX. And be it enacted, That it shall be lawful for the Justices, Such Cases may not being less than Two, at such Petty Session or any Adjourn- be settled by ment thereof, to hear and examine upon Oath or Affirmation the Two or more Claimant, and any of the Inhabitants of the Hundred or other Justices at like District, and their several Witnesses, concerning any such Petty Sessions, Offence, and the Damage sustained thereby; and thereupon the said Justices, or the major Part of them, if they shall find that the Claimant has sustained any Damage by means of any such Offence, shall make an Order for Payment of the Amount of such Damage to him, together who may order with his reasonable Costs and Charges, and also an Order for Damages and Payment of the Costs and Charges (if any) of the High Con- Charges to be stable or Inhabitants, and shall direct such Order or Orders to paid by County the Treasurer of the County, Riding, or Division in which such Treasurer, 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 herein-before directed.

X. And be it enacted, That if any High Constable shall refuse Penalty on or neglect to exhibit or give such Notice as is required in any of High Constable Cases aforesaid, it shall be lawful for the Party damnified to sue for Neglect. 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.

• XI. And be it enacted, That every Action or summary Claim Proceeding in to recover Compensation for the Damage caused to any Church or case of Damage Chapel by any of the Offences in this Act mentioned, shall be to a Church 01* brought in the Name of the Rector, Vicar, or Curate of such Chapela Church or Chapel, or in case there be no Rector, Vicar, or Curate, then in the Names of the Church or Chapel wardens, 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 mentioned shall be committed on any Property belonging to a Property be Body Corporate, such Body may recover Compensation against longing to a

the Corporation.

the Hundred or other like District, in the same Manner and subject to the same Conditions as any Person damnified is by this Act enabled to do: Provided always, that the several Conditions which are herein-before required to be performed by or on behalf of any Person dampified, may, in the case of a Body Corporate, be performed by any Officer of such Body on behalf thereof,

County-Touns, XII. And whereas the Offences for which Compensation is Liberties, 8c. granted by virtue of this Act may be committed in Counties, of liable like . Cities and Towns, or in such Liberties, Franchises, Çities, Hundreds. Towns, and Places, as either do not contribute at all to the

Payment of any County Rate, or contribute thereto, but not as being part of any Hundred or other like District ; and it is expedient to provide for all such Cases; be it therefore enacted, That where any of the Offences, in ibis Act mentioned shall be committed in a County of a City or Town, or in any such Liberty, Franchise, City, Town, or Place, the lyhabitants thereof shall be liable to yield Compensation in the same Manner, and under the same Conditions and Restrictions in all respects, as the Iohabitants 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 reProcess to be quired in the Case of the Claim, shall be served upon some one

some Peace Officer of such County, Liberty, Franchise, City, Town, rices or Place; and all Matters which by this Act the High Constable

. of a Hundred is authorized or required to do in either of such Cases, shall be done by the Peace Officer so served, who shall have the same Powers, Rights, and Remedies as such High Constable has by virtue of this Act, and shall be subject to the same Liabilities ; and shall, notwithstanding the Expiration of his Office, continue lo 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, bis Successor. shall act in his Stead.

Pea

Provision for XIII. And, for securing the due Execution of Writs in the executing Writs Cinque Ports, and in Places where Writs are directed to other in Cinque. Ports Officers than the Sheriff, and in Liberties where the Sheriff is and other Li. not warranted in executiug Writs, be it enacted, That all other berties.

such Officers to whom any Writ of Execution under this Act in .' 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 apd other

such

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.

XIV. And as to the Mode of Payment and Reimbursement As to Payments under this Act in such Liberties, Franchises, Cities, Towns, and in Liberties, Places as contribute to the Payment of the County Rate, but not Cities, and as being Part of any Hundred, be it enacted, That the Warrant Towns not of the Sheriff or other Officer upon any Writ of Execution against within any the Inhabitants of any such Liberty, Franchise, City, Town, or Hundred, but Place, and every Order of Justices for Payment to the Party contributing damnified therein, or to the Peace Officer or Inhabitants thereof,

te sherect to the County, by virtue of this Act, shall be directed to the Treasurer of the Rate. .. ? 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 County, Riding, or Division, at their next General 'or Quarter Sessions of the Peace, or any Adjournment thereof, shall direct such Sum or Sums of Money as shall have been so paid or ordered to be paid by the Treasurer to be raised on such Liberty, Franchise, City, Town or Place, over and above the general Rate to be paid by the same 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. .

XV. And as to the Mode of Payment and Reimbursement In Counties of under this Act in Counties of Cities and Towns, and in such Cities, Towns, Liberties, Franchises, Cities, Towns, and Places as do not con- &c. not having tribute to the Payment of the general County Rate, be it enacted, County Rate. Tliat all Sums of Money payable either by virtue of any Warrant of the Sheriff or other Officer, or of any Order or Orders arising out of any Action or summary Claim against the Inbabitants of any County of a City or Town, or of any such Liberty, Franchise, City, Town, or Place, shall be paid out of the Rate (if any) in the Nature of a County To be paid out Rate, or out of any Fund applicable to similar Purposes, where of any similar there is such a Rate or Fund therein, by the Treasurer or other Fund, if any. Officer having the Collection or Disbursement of such Rate or Fund; and where there is no such Rate or Fund in such County, Liberty, Franchise, City, Town, or Place, the same shall be paid out of the in : Rate or Fund for the Relief of the Poor of the particular Parish, But if none, Township, District, or Precinct therein, where the Offence was out of Poor committed, by the Overseers or other Officers having the Collec- Rate. tion or Disbursement of such last-mentioned Rate or Fund; and in every such Case the Warrant and Orders shall be directed and delivered to such Treasurer, Overseers, or other Officers respectively, instead of the Treasurer of the County, Riding, or Division, as the Case may require.

XVI. Provided always, and be it enacted, That nothing herein contained shall extend to Scotland or Ireland.

Act not to extend to Scotlund or Ireland.

« EelmineJätka »