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(Sections 127.128.)

or Sums recovered on account of any Penalty by them shall be paid over to the Treasurer, and shall by him be placed to the District Fund Account mentioned in this Act.

Also the Section numbered 134 of the same Act.

Liability to Penalty not to relieve from other Liabilities.

CXXXIV. And be it declared and enacted, That, notwithstanding

the Liability of any Person to any Penalty under the Provisions of this Act, he shall not be relieved from any other Liability to which he would have been subject if this Act had not been passed.

Certain Pro. visions of 11 & 12


CXXVIII. That the Provision in an Act passed in the Eleventh Viet.c. 41. and Twelfth Year of the Reign of Queen Victoria, intituled An

Act to protect Justices of the Peace from vexatious Actions for Acts done by them in the Execution of their Offices, contained, for restraining Actions against Justices for enforcing Poor Rates, shall apply to any Rate made under this Act for Payment whereof a Warrant of Distress shall issue against any Person named and rated therein. (a).


(a) In the act, as printed for the promoters of the bill by the printers of the parliamentary agents, the marginal note to this 128th section is, “11 & 12 Vic. cap. 44, s. 4 extended to this act.” The Queen's printers copy contains the marginal note as in the Text, omitting the reference to " section 4.” Section 4 is the only section referring to the matter mentioned in section 128. It will be observed that the provisions are not verbally incorporated, only made applicable, but it has been thought proper to let section 4 of the act alluded to follow section 128, as though it were incorporated by word, as the other sections from other acts of Parliament.

The act referred to is a most important one for the protection of Justices, and as it may affect or bear on convictions, orders, &c. made under this local act, &c. a short analysis of its contents may not be unacceptable.

The first sec. enacts, that every action brought against a Justice of the Peace for an act done

by him within his Jurisdiction shall be on the case as for a tort, and such act shall be alleged

to have been done maliciously and without reasonable and probable cause. Sec. 2.- That for an act without, or exceeding his Jurisdiction, an action may lie as hereto

fore without such allegation; but not under a convietion or order, until they have been quashed , nor under a warrant to compel appearance, if a summons were previously served,

and not obeyed. Sec. 3. – That the action must be brought against the Justice or Justices making the conviction

or order, not the Justice bona fide, and without collusion granting the warrant of distress

or commitment. Sec. 4.--Is the section set out in the Text. Sec. 5. – That if a Justice refuse to do an act relating to his office, the Court of Queen's Bench

may by rule, on affidavits of the facts, order him to do it, and no action shall be brought

against such Justice for doing such Act. Sec. 6 –That after a conviction or order is confirmed on appeal no action shall be brought

against the Justice on any warrant granted before or after such appeal on such conviction

or order by reason of any defect therein.
Sec. 7.- That actions may be set aside by a Judge where by the act they are prohibited.
Sec. 8.-Limits the time for bringing actions against Justices to six calendar months.
Sec. 9.-Enacts, that one calendar month's notice of action shall be given to Justices before

Sec. 10.-Enacts, that the venue shall be laid in the County where the act was committed, or

in actions in the County Court within the District of which the Act was committed: that the Defendant may plead general issue and special matter, &c. in evidence, and may object (within six days after service of summons) to the action being tried in the County Cour.

(Sects. 128. IV. And be it enacted, That where any Poor Rate shall be made,

129.) allowed, and published, and a Warrant of Distress shall issue No Action for against any Person named and rated therein, no Action shall be warrant for brought against the Justice or Justices who shall have granted reason of any such Warrant by reason of any Irregularity or Defect in the said Delectror that Rate, or by reason of such Person not being liable to be rated rateable. therein; and that in all Cases where a discretionary Power shall No Action be given to a Justice of the Peace by any Act or Acts of Parlia - for the Manner ment, no Action shall be brought against such Justice for or by exercise a disreason of the Manner in which he shall have exercised his Dis- Power. cretion in the Execution of any such Power.

And with respect to Appeals from Rates and Proceedings un- Appeal. der this Act, be it enacted,

CXXIX. That the following Sections of “The Public Health Sections 135, 136 Act, 1848,” shall be incorporated herewith :

12 Vict. c. 63. incorporated with this Act.

The Section numbered 135 of the same Act, as to Appeals against public Rates, Orders, and Convictions, Judgments, or Determinations of any Justice or Justices :

Rates & Orders

CXXXV. And be it enacted, That any Person who shall think Appeal to

Quarter Seshimself aggrieved by any Rate (a.) made under the Provisions of sions, against this Act, or by any Order, Conviction, Judgment, or Determina- Convictious, &e.

of Justicea, tion of or by any Matter or Thing done by any Justice or Justices, in any Case in which the Penalty imposed or the Sum adjudged

(2.) As to appeals from Private Improvement Rates and expenses to be recovered suinmarily
see Section 120 of the Public Health Act incorporated by section 117, ante, p. 146.

bec. 11.–The Justice may tender and pay money into Court by way of amends.
Sec. 12. In case Plaintiff fail to prove that the Action was brought withiu the time or that

notice was given, or that the cause of action was as in notice, or within the venue or dis-
trict, Plaintiff shall be nonsuited or a verdict giren for Defendant.
Sec. 13.- Eracts that if the Plaintiff were guilty of the offence, or liable to pay the sum ordered

to be paid, and had undergone no greater punishment than assigned by law to the offence,
or nonpayment of the sum ordered to be paid, the Plaintiff shall not recover the money paid

by him, or more than Two-pence as damages, and no costs.
Sec. 14.—Provides, that if the Plaintiff recover a verdict by Judgment or default, he shall be

entitled to costs as though the act had not been passed, or if in such case the Declaration
or the summons and particulars allege that the act was done maliciously and without rea-
sonable and probable cause, the Plaintiff, if he recover a verdict for any damages, or Judg.
ment by default, shall be entitled to full costs as between attorney and client; and the Jus-
tice in all cases, if he obtain Judgment, sliall be entitled to full costs as between attorney

and client.
Sec. 15.-Limits the act to England and Wales and Berwick-upon-Tweed.
Sec. 16.-Commences the act on 2nd October, 1848.
Sec. 17.-Enacts that, after commencement of the act, so much of the 7 Jac. I. c. 5, 21

Jac. I. c. 12 (s. 5.) and 24 G. 2. c. 44 (s. 8. 1. 2. and part of s. 8.) as relates to actions against
Justices of the Peace, and the 43. G. 3. c. 141, and all acts inconsistent with the act, shall
be re pealed.
Sec. 18.-Enacts that the act shall apply to persons protected by the repealed Statutes, and
Sec. 19.-Enacts that the act may be amended that Session.


(Sec. 129.)


Statement of
Powers of
Quarter Ses-

shall exceed the Sum of Twenty Shillings, may appeal to the Court of General or Quarter Sessions holden next after the making of the Rate objected to, or Accrual of the Cause of Complaint ; but the Appellant shall not be heard in support of the Appeal, unless within Fourteen Days after the making and Publication of the Rate appealed against, or Accrual of the Cause of Complaint, he give to the Local Board of Health or Justice or Justices by whose Act he may think himself aggrieved Notice in Writing stating his Intention to bring such Appeal, together with a Statement in Writing of the Grounds of Appeal; and the said Court, upon hearing and finally determining the Matter of the Appeal, shall and may, according to its Discretion, award such Costs to the Party appealing or appealed against as they shall think proper, and its Determination in or concerning the Premises shall be conclusive and binding on all Persons to all Intents and Purposes whatsoever : Provided always, that if there be not Time to give such Notice and enter into such Recognizance (a.) as aforesaid before the Sessions holden as last aforesaid, then such Appeal may be made to, and such Notice, Statement, and Recognizance be given and entered into for, the next Sessions at which the Appeal can be heard : Provided also, that on the Hearing of the Appeal no Grounds of Appeal shall be gone into or entertained other than those set forth in such Statement as aforesaid.

Appeal to subsequent Sessions.

Only stated grounds to be entertained.

Also the Section numbered 136 of the said Act:

Power of Ses-
sions upon
Appeals against

CXXXVI. And be it enacted, That the said Court of General or

Quarter Sessions shall upon Appeals under this Act against any Rate have the same Power (6.) to amend or quash any Rate or Assessment, and to award Costs between the Parties to the Appeal, as is or may by Law be vested in any Court of General or Quarter Sessions with respect to amending or quashing any Rate or Assesment, or awarding Costs, upon Appeals with respect to Rates for the Relief of the Poor; and the Costs awarded by the said Court under this Act may be recovered in the same Manner in all respects as Costs awarded upon the last-mentioned Appeals : Provided

Ifrate quashed, Court may order it to be levied.

(a.) Mr, Lawes in his Edition of the Public Health Act in a Note on this section accounts for the accidental omission from this section, after the words " grounds of appeal in the 6th line, of the following clause

"Nor unless within ten days after such notice he enter into a recognizance, with two sufficient securities, before some Justice conditioned to try the appeal, and abide such

order and pay such costs as shall be made and awarded by the said Court." The Recognizance referred to in the Proviso is the Recognizance which would have been regulated by the passage omitted. It is curious, that with the attention drawn to this omission it was not corrected. The effect will be that no Recognizances on appeals under this section are necessary.

(6.) See. 41 Geo. 3. c. 23 as to the Powers of Amendment and quashing, and 17 Geo. 2. c. 38 a' to awarding and recovering costs.

(Sections always, that, notwithstanding the quashing of any Rate appealed 129.130.) against, all Monies charged by such Rate shall, if the Court before whom the Appeal is heard think fit so to order, be levied as if no Appeal had been made, and such Monies, when paid, shall be taken as Payment on account of the next effective Rate for the Purposes in respect of which the quashed Rate was made.

Also the Section numbered 137 of the same Act.

Want of Forin,

& 148 of the

CXXXVII. And be it enacted, That no Rate, nor any Proceeding No Rate or Pro

to be had touching the Conviction of any Offender against this quashed for Act, nor any Order, Award, or other Matter or Thing whatsoever &c. made, done, or transacted in or relating to the Execution of this Act, shall be vacated, quashed, or set aside for Want of Form, or be removed or removable by Certiorari or other Writ or Process

whatsoever into any of the Superior Courts. CXXX. And with respect to Notices to Owners and Occupiers, Notices. and the Execution of Works by Owners, be it enacted, That the following Provisions of “The Public Health Act, 1848,” shall be incorporated with this Act :

So much of the Section numbered 150 of the said Act as re- Also Sections 150 lates to the said Matters ; and Service of Notice upon the known same Act. Agent of any Owner shall be sufficient under this Act : CL. And be it enacted, That (a.) ***** in all Cases in which Service of any Notice is by this Act required to be given to the Owner or owners and

Occupiers. Occupier of any Premises it shall be sufficient to address the Notice to them by the Description of the “ Owner" or “ Occupier" (as the Case may require) of the Premises (naming them) in respect of which the Notice is given, without further Name or Description ; and the Notice shall be served upon them or One of them, as the Case may require, either personally or by delivering the same to some Inmate of his or their Place of Abode, or in the Case of the Occupier (and also in case of the Owner, if his Place of Abode be unknown,) upon any Inmate of the last-mentioned Premises, or if such Premises be unoccupied, then, in case the Notice is required to be served upon the Occupier, (and in case of the Owner also, if his Residence be unknown,) it shall be sufficient to fix the Notice upon some conspicuous Part of the Premises : Provided Transmission by always, in the Case of Notices to the Owner, that, although his pestha Limers Place of Abode be known to the Local Board of Health, yet if it be not within the Limits of their District it shall be sufficient for them to transmit any Notice, directed to him by Name, through the Post.

(a.) The first part of this Section is incorporated by Section 20 ante, page 33.

(Secs. 130. 131.132.)

Also so much of the Section numbered 148 of the said Act as relates to Occupiers obstructing Owners from doing Works, or not giving the Names of Owners.

Penalty upon Occupiers preventing Execulion of Works.

CXLVIII. And be it enacted, That (a.) **** * if the Occupier

of any Premises prevent the Owner thereof from obeying or carrying into effect the Provisions of this Act, any Justice to whom Application is made in this Behalf shall, by Order in Writing (which may

be according to the Form contained in the Schedule (F.) (b.) to this Act annexed, or to the like Effect), require such Occupier to permit the Execution of the Works required to be executed, provided that the same appear to such Justice to be such as are necessary for the Purpose of obeying or carrying into effect the Provisions of this Act; and if within a reasonable Time after the making of such Order the Occupier against whom it is made refuse to comply therewith, he shall be liable to a Penalty not exceeding Five Pounds for every Day afterwards during the Continuance of such Refusal ; and if the Occupier of any Premises, when requested by or on behalf of the Local Board of Health to state the Name of the Owner of the Premises occupied by him, shall refuse or wilfully omit to disclose or wilfully mis-state the same, any

Justice may, on Oath made before him of such Request, and Refusal, Omission, or Mis-statement, summon the Party to appear before him or some other Justice at a Time and Place to be appointed in such Summons, and if after being so summoned he neglect or refuse to attend at the Time and Place so appointed, or if he do not show good Cause for such Refusal, or if such wilful Omission or Mis-statement be proved, the Justice before whom the Party is so summoned may impose upon the Offender a Penalty not exceeding Five Pounds.

Orchipiers to disclage Owners Name.

Forms in Schr- CXXXI. And be it enacted, That the several Forms in the dule may be used.

Schedule (D.) to this Act annexed, or Forms to the like Effect, with such Alterations and Additions (if any) as Circumstances require, may be used for any of the Purposes of this Act for which such Forms are applicable, and such Forms shall accordingly be to all Intents sufficient for such Purposes, and it shall not be necessary for any of such Purposes to use any other Form.

CXXXII. And be it enacted, That the Section numbered 147 All Virt... 6. of “The Public Health Act, 1848,” shall be incorporated with with ibis Art.

Section 147 of 11

this Act.

(a.) The first clause of this section is incorporaled by sec. 20 ante. page. 32.

(b.) This forın is incorpora'ed in Schedule E. to this Act, post.

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