able costs and charges attending such conviction, such costs and charges No. I. to be ascertained by the justice or justices before whom such conviction 38 Geo. III. shall take place: and so toties quoties as often as any such sheep or lamb shall be so turned out, kept, or depastured. c. 65. II. And be it further enacted, That from and after the said twenty-fifth day of December one thousand seven hundred and ninety-eight, the owner The owner of or owners of each and every sheep and lamb of the age of three months, every sheep and lamb three which shall be turned out, kept, or depastured, on any forest, chase, wood, months old, moor, marsh, heath, common, waste land, open field, or other undivided turned out on or uninclosed land, shall cause such sheep and lambs to be marked with the any forest, &c. initial letters of his, her, or their christian name and surname, or christian shall cause names and surnames, or with such marks with which such sheep or lambs them to be have for three preceding years been usually marked, such letters or marks marked, on a not being less in length than three inches; and in case of neglect thereof, penalty not the owner or owners shall, for each and every such sheep and lamb not exceeding 28. so marked, forfeit and pay any sum not exceeding two shillings, and so for each. toties quoties, as often as any such sheep or lamb not so marked shall have been so turned out, kept, or depastured. or having a right to depas ture on such have been III. And be it further enacted, That for the better and more effectually Any person discovering the offenders, and punishing the offences herein mentioned, it depasturing, shall and may be lawful to and for any person or persons having sheep or lambs actually depasturing, or entitled to be depastured, on such forest, chase, wood, moor, marsh, heath, common, waste land, open field, or other undivided or uninclosed land, who shall perceive, or have reasonable ground or foundation for believing, that there is or are any sheep or lambs, sheep or lamb, depasturing or being in or upon the same, contrary to the direction and provisions of this Act, to apply to any one or more justice or justices of the peace of the county, district, or place, wherein such lands severally do lie, who, upon complaint on oath made thereof before him or them, is and are hereby authorized and required to issue a warrant or warrants under his hand and seal, or their hands and seals, directed to the keeper or keepers of the said forests or chases, or his or their deputy or deputies, or to the petty constable or constables, bailiff, headborough, or tything man of any parish, hamlet, or township, within or near which any depastured, such forest, chase, wood, moor, marsh, heath, common, waste land, open not contrary field, or other undivided or uninclosed land, shall lie and be situate, or to this Act, unto any other person or persons, who shall consent and be willing to be may order inserted in such warrant or warrants, and shall command and empower them back to him or them, or any of them, to take or drive all and every such sheep the place from and lambs, sheep and lamb to the next pound, or to some other convenient whence taken, place, there to be examined by the person or persons who shall have made and award such application to such justice or justices as aforesaid, his, her, or their damages to servant or agent, and by the person or persons to whom the said warrant shall be directed, any or either of them, notice being first given six hours at the least before such examination shall take place, by the person or persons making such complaint, or by his, her, or their servant or agent, to the owner or owners of such sheep or lambs, sheep or lamb, or unto his, her, or their hind, bailiff, or servant, or left at his, her, or their last or usual place of abode, if any or either of them be known, and do reside in the parish or parishes, hamlet or hamlets, township or townships, where such sheep or lambs, sheep or lamb, shall have been so found, describing the pound or place the same shall have been taken or driven to, in order that he, she, or they may, should he, she, or they judge proper, be present at such examination; and if after such examination it shall be proved to the satisfaction of the justice or justices granting such warrant or warrants, that such sheep or lambs, sheep or lamb, have or hath not been kept or depastured in or upon such lands and grounds, contrary to the directions and provisions of this Act, then and in such case each and every such sheep and lamb shall be taken and driven back to the place or places from whence it was taken or driven previous to such examination, and such justice or justices shall award such costs, charges, and damages to the owner or owners thereof, as to him or them shall seem reasonable; and such costs, charges, and damages shall be paid by the person or persons making such VOL. VIII. S the owner; No. I. complaint, and shall be recovered in like manner as any forfeitures or 38 Geo. III. penalties are by this Act directed to be recovered. c. 65. but if found defective, &c. shall direct them to be de tained and marked with an S, &c. and on demand de livered to the owner, who shall pay the expences and penalty. Penalty on persons de owners not renewing them, not more than 20s. nor less than 2s, each sheep, &c. IV. Provided always, and be it enacted, That if upon any such examination it shall appear to such justice or justices, that any such sheep or lambs, sheep or lamb, have or hath been turned out, kept, or depastured, in or upon any such lands or grounds, infected as aforesaid, or which at any time within the space of six calendar months immediately previous thereto shall have been infected as aforesaid, then and in such case the said justice or justices shall and may direct the same to be impounded, detained, and kept, and to be forthwith marked on both sides with the letter S, (the length of such letter not being less than five inches,) such marks to be made with pitch or tar, or some other adhesive material, such as sheep have been usually marked with in the neighbourhood, and shall also cause the left ear of each such sheep and lamb to be cut or slit in a horizontal line, (such cut or slit not exceeding the length of one inch,) and the same, when so marked, shall be delivered, upon demand, to the owner or owners thereof; and the costs, charges, and expences attending the taking, driving, keeping, impounding, and marking of the same, having been ascertained by such justice or justices, shall be paid by the owner or owners of such sheep or lambs, sheep or lamb, together with the penalties and forfeitures imposed by this Act, for each and every such sheep and lamb, and such costs, charges and expences shall be recovered in like manner as any penalties or forfeitures imposed by this Act are directed to be recovered; and any such mark or marks, when made, shall be and be deemed evidence of the fact that such sheep or lambs, sheep or lamb, have been turned out, kept, or depastured, contrary to the directions and provisions of this Act, without any other evidence whatsoever. V. And be it further enacted, That if any person or persons, at any time within the space of six calendar months after any such sheep or lambs shall stroying such have been so marked as directed by such justice or justices, shall cut out, alter, marks, and on or destroy the mark herein directed to be made in the ear of any such sheep or lamb, or if the owner or owners of any such sheep or lamb shall not immediately renew or cause to be renewed, in like manner, the mark or marks herein directed to be made in the side or sides of every such sheep and lamb, when and as often as such mark or marks on the side or sides shall be defaced, altered, obliterated, or destroyed, by any means whatsoever, every such person, for each and every sheep and lamb, the said mark in the ear of which shall have been by him or her so cut out, altered, or destroyed, and such owner or owners, for each and every sheep and lamb, not having the said mark or marks on the side or sides thereof, immediately renewed as aforesaid, shall forfeit and pay, on conviction, any sum not exceeding twenty shillings, nor less than two shillings; and the justice or justices before whom such conviction be had, shall, and he and they is and are hereby required to cause every such mark so cut out, altered, defaced, obliterated, or destroyed, to be immediately renewed, and the sheep or lambs, sheep or lamb, to be detained and impounded until every such mark shall have been renewed. If sheep be not demanded within five days after they are marked, they may be sold, and the produce paid VI. And be it further enacted, That if such sheep or lambs, sheep or lamb, so detained or impounded, shall not be demanded and taken away by the owner or owners thereof within five days after the same shall have been so marked as aforesaid, it shall and may be lawful to and for any justice or justices of the peace of the county, district, or place, in which such sheep or lambs, sheep or lamb, shall have been so detained or impounded, by warrant under his or their hand and seal, or hands and seals, to direct the same to be sold, and the money arising by such sale, after to the overdeducting the costs, charges, and expences of taking, driving, keeping, seers of the poor, and if detaining, impounding, and making the same, shall be paid to the overseer not claimed in or overseers of the poor of the parish, hamlet, or place where such sheep 12 months ap- or lambs, sheep or lamb, shall have been so detained or impounded; and plied in aid of in case the owner or owners of such sheep or lambs, sheep or lamb, shall the poor rate. not claim such money within twelve calendar months after such payment, the same shall be applied in aid of the poor rate of such parish, hamlet, township, or place. No. I. c. 65. VII. And be it further enacted, That all penalties and forfeitures by this Act imposed for any offence against the same, shall be levied by distress 38 Geo. III. and sale of the goods and chattels of the offender or offenders, by warrant under the hand and seal of some justice of the peace for the county or place where the offence shall be committed, rendering the overplus of the money arising by such distress and sale (if any) upon demand to the owner Penalties may of such goods and chattels, after deducting the costs and charges of mak- be levied by ing such distress and sale; which warrant such justice is hereby empowdistress. ered and required to grant, upon conviction of the offender or offenders by confession or upon the oath of one or more credible witness or witnesses; and one moiety of such penalties and forfeitures, when so levied, shall be Penalties, half paid to the informer, and the other moiety to the overseer or overseers of to informer the parish or township where the offence shall be committed, to be applied and half to the by him or them in aid of the poor rate. VIII. And be it further enacted, That in all cases where any conviction shall be had for any offence or offences committed against this Act, or against any order of sessions, or any adjudication for the marking of sheep or lambs made, the form of conviction, and the form of adjudication for the marking of any sheep or lambs, shall be in the words or to the effect following; (that is to say,) to wit. } year of the reign of day of A. B. is convicted before. 'do adjudge him [her, or them] to forfeit and pay for the same the sum certain sheep [and lambs] detained [or, impounded] in a in the parish of poor. Forms of Conviction. Adjudication. in the year of his Majesty's in the said county, by virtue of a warrant ' under our hands and seals [or my hand and seal] 'months, immediately previous to the date hereof, been infected with the IX. Provided always, and be it enacted, That if any person or persons Persons agshall think himself, herself, or themselves aggrieved by any thing done by grieved may or in pursuance of this Act, such person or persons may appeal to the jus- appeal to the tices of the general quarter sessions of the peace to be holden for the quarter sescounty or place where such matter of appeal shall arise, next after the ex- sions. piration of four calendar months from the time such matter of appeal shall have arisen, and the justices in such sessions are hereby authorized and required to hear and determine the matter of such appeal in a summary way, and to make such determination therein, and to award such costs as they shall judge proper; and such determination shall be final, binding, and conclusive to all parties, and to all intents and purposes whatsoever. X. And be it further enacted, That where any distress shall be made for any sum or sums of money to be levied by virtue of this Act, the distress itself shall not be deemed unlawful, nor the party or parties making the Distress not deemed unlawful on accoun No. I. 38 Geo. III. c. 65. of want of form in proceedings, &c. Tender of amends or payment into court. Limitation of actions. Notice. same be deemed a trespasser or trespassers on account of any defect_or want of form in the summons, conviction, warrant of distress, or other proceedings relating thereto, nor shall the party or parties making the same be deemed a trespasser or trespassers ab initio, on account of any irregu larity which shall afterwards be done by the party or parties distraining; and the person or persons aggrieved by such irregularity may recover full satisfaction for the special damage in an action on the case: Provided always, that no plaintiff' or plaintiffs shall recover in any such action for such irregularity, or for any trespass or other wrongful proceeding, if tender of sufficient amends hath been made to him, her, or them, or his, her, or their attorney, or by or on the behalf of the defendant or defendants, before such action brought; and in case no such tender shall have been made, it shall be lawful for the defendant or defendants in any such action, by leave of the court, after such action shall have been brought, at any time before issue joined, to pay into court such sum of money as he, she, or they, shall think fit, whereupon such proceedings, order, and judgment, shall be made and given in and by such court, as in other actions where the defendant is allowed to pay money into court. XI. Provided always, and be it enacted, That no action or suit shall be commenced against any person or persons for any thing done in pursuance of this Act, unless ten days' notice in writing, signed by the attorney for the plaintiff or plaintiffs, be thereof given to the defendant or defendants, specifying the cause of such action or suit, hath been given to the party or parties aggrieved, or after six calendar months next after the fact committed; and every such action or suit shall be brought and tried in the county where the cause of such action shall arise, and not elsewhere; and the defendant or defendants in every such action or suit shall or may, at his, her, General issue. or their election, plead specially, or the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this Act; and if the same shall appear to be so done, or such action or suit shall be brought before ten days' notice shall be given as aforesaid, or after the time limited for bringing the same as aforesaid, or shall be brought in any other county than as aforesaid, then the jury shall find for the defendant or defendants; and upon such verdict, or if the plaintiff shall be nonsuited, or discontinue his or her action or suit after the defendant or defendants shall have appeared, or if upon demurrer judgment shall be given against the plaintiff, then the defendant or defendants shall recover treble costs, and have such remedy for the same as any defendant or defendants have in other cases by law. Treble costs. No proceedings to be quashed for want of form, or removeable into any Court of Record at Westminster. Act not to ex tend to Scot. land. Public Act. XII. And be it further enacted, That no order, verdict, judgment, or other proceedings made, touching or concerning any of the matters aforesaid, or touching or concerning the conviction of any offender or offenders against this Act, shall be quashed or vacated for want of form only, or be removed or removeable by certiorari, or any other writ or process whatsoever, into any of his Majesty's Courts of Record at Westminster, any law or statute to the contrary thereof in anywise notwithstanding. XIII. Provided always, and be it enacted, That nothing herein contained shall extend, or be construed to extend, to that part of Great Britain called Scotland. XIV. And be it further enacted, That this Act shall be deemed and taken to be a public Act; and shall be judicially taken notice of as such, by all judges, justices, and all persons whomsoever, without specially pleading the same. PART VI. CLASS XXXIV. STAGE COACHES. [No. 1.] 50 George III. c. 48.-An Act to repeal three Acts, made in the twenty-eighth, thirtieth, and forty-sixth Years of his present Majesty, for limiting the Number of Persons to be carried on the Outside of Stage Coaches or other Carriages, and to enact other Regulations for carrying the Objects of the said Acts into Effect.-[9th June, 1810.] WHEREAS an Act was passed in the twenty-eighth year of the reign No. I. c. 48. of his present Majesty, intituled, An Act for limiting the Number of 50 Geo. III. Persons to be carried on the Outside of Stage Coaches or other Carriages: And whereas another Act was passed in the thirtieth year of his present Majesty, intituled, An Act to alter, explain and amend an Act, made in the twenty-eighth Year of the Reign of his present Majesty, intituled, An Act for 28 G. 3. c. 57. limiting the Number of Persons to be carried on the Outside of Stage Coaches 30 G. 3. c. 36. or other Carriages, and for regulating the Conduct of the Drivers and Guards thereof: And whereas another Act was passed in the forty-sixth year of 46 G. 3. c. 136. the reign of his present Majesty, intituled, An Act to alter and amend two Acts made in the twenty-eighth and thirtieth Years of his present Majesty, 'for limiting the Number of Persons to be carried on the outside of Stage Coaches or other Carriages, and regulating the Conduct of the Drivers thereof: And whereas the regulations and penalties established and im'posed by the said recited Acts have proved insufficient to answer the useful and important purposes thereby intended; and it is expedient to re'peal the same, and to enact other provisions and regulations for carrying the objects of the said Acts into effect:' May it therefore please your Majesty that it may be enacted; and be it 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 from and after the passing of this repealed. Act, the said several Acts shall be and the same are hereby repealed. Number of outside passengers, &c., II. And be it further enacted, That, from and after the passing of this Act, any coach, berlin, landau, chariot, diligence, calash, chaise marine, or other carriage with four or more wheels, by what name soever the same is or shall hereafter be called or known, to be employed as a public stage coach or carriage, for the purpose of conveying passengers for hire to and from different places in Great Britain, and drawn by four or more horses, shall be allowed to carry ten outside passengers and no more, exclusive of the coachman, but including the guard, where there is a guard with such coach or other carriage; and that one passenger and no more shall be allowed to sit upon the box with the coachman, and three of such passengers on the front of the roof before, and the remaining six behind, in the manner the most safe and convenient for the said passengers: Provided always, Proviso. that no such passenger or passengers shall be allowed to sit on the luggage, or that part of the roof allotted for the same; and that all stage coaches or other carriages above described, drawn by two or three horses, shall be allowed five outside passengers and no more, exclusive of the coachman ; |