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Conviction not

to be quashed

XXXIX. And be it enacted, That no such Conviction, or Adjudication made on Appeal therefrom, shall be quashed for Want of Form, or be removed by Certiorari or otherwise into any of His Majesty's superior Courts of Record; and no Warrant of Commitment shall be held void by reason of Defect therein, provided it be therein alleged that the Party has been convicted, and there be a good and valid Conviction to sustain the same.

any

for Want of Form, nor Commitment for Defect.

transmit Convictions to Court of Quar ter Sessions, to

be kept among

XL. And be it enacted, That every Justice of the Peace, be- Justices to fore whom any Person shall be convicted of any Offence against this Act, shall transmit the Conviction to the next Court of General or Quarter Sessions which shall be holden for the County or Place wherein the Offence shall have been committed, there to be kept by the proper Officer among the Records of the Court; and upon any Indictment or Information against any Person for a subsequent Offence, a Copy of such Conviction, certified by the proper Officer of the Court, or proved to be a true Copy, shall be sufficient Evidence to prove a Conviction for the former Offence, and the Conviction shall be presumed to have been unappealed against until the contrary be shewn.

Records.

Limitation of

Actions against
Persons, for
Acts done in
pursuance
hereof.
Notice of

Action.
Pleadings.

XLI. And, for the Protection of Persons acting in the Execution of this Act, be it enacted, That all Actions and Prosecutions to be commenced against any Person for any thing done in pursuance of this Act shall be laid and tried in the County where the Fact was committed, and shall be commenced within Six Calendar Months after the Fact committed, and not otherwise; and Notice in Writing of such Action, and of the Cause thereof, shall be given to the Defendant One Calendar Month at least before the Commencement of the Action; and in any such Action the Defendant may plead the General Issue, and give this Act and the special Matter in Evidence at any Trial to be had thereupon; and no Plaintiff shall recover in any such Action if Tender of sufficient Amends shall have been made before such Action brought, or if a sufficient Sum of Money shall have been paid into Court after such Action brought, by or on behalf of the Defendant; and if a Verdict shall pass for the Defendant, or the Plaintiff shall become nonsuit, or discontinue any such Action after Issue joined, or if, upon Demurrer or otherwise, Judgment shall be given against the Plaintiff, the Defendant shall recover his full Costs as between Attorney and Client, and havė the like Remedy for the same as any Defendant hath by Law in other Cases; and though a Verdict shall be given for the Plaintiff in any such Action, such Plaintiff shall not have Costs against the Defendant, unless the Judge before whom the Trial shall be shall certify his Approbation of the Action, and of the Verdict obtained thereupon.

XLII. Provided always, and be it enacted, That nothing in this Act contained shall extend to Scotland or Ireland.

XLIII. And be it enacted, That where any Felony.or Misdemeanor punishable under this Act shall be committed within the Jurisdiction of the Admiralty of England, the same shall be dealt with, inquired of, tried, and determined in the same Manner as any other Felony or Misdemeanor committed within that Jurisdiction.

Not to extend to Scotland or Ireland.

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But to Offences within Admiralty Jurisdiction.

REMEDIES AGAINST HUNDREDS, &c.

7 & 8 GEO. IV. CAP. XXXI.

AN ACT FOR CONSOLIDATING AND AMENDING THE LAWS IN ENGLAND RELATIVE TO REMEDIES AGAINST THE HUNDRED..

[Passed 21st June, 1827.]

[The Clauses of this Act are given verbatim from the public Act, printed by the King's Printers; but the Side Epitome has been made more conformable to the Text.]

WHEREAS it is expedient that the several Statutes now in force in that Part of the United Kingdom called England, relative to Remedies against the Hundred for the Damage occasioned by Persons riotously and tumultuously assembled, should be amended, and consolidated into One Act; and with that View the said Statutes are, by an Act of the present Session of Parliament, repealed, from and after the last Day of June in the present Year, except as to Offences and other Matters committed or done before or upon that Day: Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That this Act shall commence on the First Day of July in the present Year.

The Hundred to

make full Compensation for Da mage by Rioters, to Churches, Buildings, &c.

II. And be it enacted, That if any Church or Chapel, or any Chapel for the Religious Worship of Persons dissenting from the United Church of England and Ireland, duly registered or recorded, or any House, Stable, Coach-house, Outhouse, Warehouse, Office, Shop, Mill, Malthouse, Hop Oast, Barn, or Granary, or any Building or Erection used in carrying on any Trade or Manufacture, or Branch thereof, or any Machinery, whether fixed or moveable, prepared for or employed in any Manufacture, or in any Branch thereof, or any Steam Engine or other Engine for sinking, draining, or working any Mine, or any Staith, Building, or Erection used in conducting the Business of any Mine, or any Bridge, Waggon-way, or Trunk for conveying Minerals from any Mine, shall be feloniously demolished, pulled down, or destroyed, wholly or in part, by any Persons riotously and tumultuously assembled together, in every such Case the Inhabitants of the Hundred, Wapentake, Ward, or other District in the Nature of a Hundred, by whatever Name it shall be denominated, in which any of the said Offences shall be committed, shall be liable to yield full Compensation to the Person or Persons damnified by the Offence, not only for the Damage so done to any of the Subjects herein-before enumerated, but also for any Damage which may at the same Time be done by any such Offenders to any Fixture, Furniture, or Goods whatever, in any such Church, Chapel, House, or other of the Buildings or Erections aforesaid.

Information must be given

to a Justice

within Seven

Days,

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III. Provided always, and be it enacted, That no Action or summary Proceeding, as herein-after mentioned, shall be maintainable by virtue of this Act, for the Damage caused by any of the said Offences, unless the Person or Persons damnified, or such of them as shall have Knowledge of the Circumstances of the 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 Person shall be enabled to bring any such Action, unless he shall commence the same within Three Calendar Months after the Commission of the Offence.

And Actions commenced with Three Months.

Process to be served on High Constable, who shall give Notice of same to Two Justices.

Constable may

defend same,

IV. And be it enacted, That no Process for Appearance in any Action to be brought by virtue of this Act against any Hundred or other like District shall be served on any Inhabitant thereof, except on the High Constable or some one of the High Constables (if there be more than One), who shall within Seven Days after such Service give Notice thereof to 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 the Hundred or District; and such High Constable is hereby em'powered to cause to be entered an Appearance in the said Action, and also to defend the same on behalf of the Inhabitants of 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 his Stead.

if advised.

Inhabitants competent Wit

nesses.

V. And be it enacted, That in any Action to be brought by virtue of this Act against the Inhabitants of any Hundred or other like District, or against the Inhabitants of any County of a City 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 exempted or precluded from giving Evidence either for the Plaintiff or for the Defendants.

If Plaintiff re

covers, Sheriff

to make out a Warrant to

VI. And be it enacted, That wherever the Plaintiff in any such Action shall recover Judgment, whether after Verdict or by Default or otherwise, no Writ of Execution shall be executed on any Inhabitant of the Hundred or other like District, nor on such High Constable; but the Sheriff, upon the Receipt of the Writ County Treaof Execution, shall (on Payment of the Fee of Five Shillings 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

surer,

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.

Expences of High Constable may be allowed by Justices.

VII. And, for the Purpose of indemnifying the High Constable and the County Treasurer, be it enacted, That if such High Constable of the Hundred or other District sued shall produce and 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 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 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 that the High Constable can have no Relief as to such taxed Costs, such Justices shall make

And paid by
County Treu-

surer.

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 of the Peace at the next General or Quarter 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 by the Treasurer by virtue of any such Warrant or Order as herein-before 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 Mauner directed by those Acts, and shall be forthwith paid over to the Treasurer.

An extra Rate to be raised for sume on the Hundred.

Remedy to be summary when Damage does

*not exceed 301.

VIII. And whereas it is expedient to provide a summary Mode of Proceeding where the Damage is of small Amount; be it therefore enacted, That it shall not be lawful for any Person to commence any Action against the Inhabitants of any Hundred or other like District, where the Damage alleged to have been sustained 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 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 Offences 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

Constable.

Constable to exhibit sume to Two Justices.

acting

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to be called.

Claimant to

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 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 Hour 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 affix Notice of 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 Petty Session.

have Notice;
likewise all

Justices of the
Hundred.

Claimant to

his Claim on Church Door.

Such Cases may
be settled by

Two or more
Justices at

Petty Sessions

IX. And be it enacted, That it shall be lawful for the Justices, not being less than Two, at such Petty Session or any Adjourn ment thereof, to hear and examine upon Oath or Affirmation the Claimant, and any of the Inhabitants of the Hundred or other like District, and their several Witnesses, concerning any such 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 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 herein-before directed.

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

who may order Damages and Charges to be

paid by County Treasurer

Penalty on High Constable for Neglect.

Suit.

Proceeding in case of Damage to a Church or Chapel.

XI. And be it enacted, That every Action or summary Claim to recover Compensation for the Damage caused to any Church or Chapel by any of the Offences in this Act mentioned, 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, or 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 mentioned shall be committed on any Property belonging to a Body Corporate, such Body may recover Compensation against

the

Property be longing to a Corporation.

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