Sivut kuvina

c. 31.

HUNDRED-continued. 7 & 8 G.4.

carrying on any trade or manufactory, or branch thereof, or any machinery, whether fixed or moveable; prepared for or employed in any manufactory, or in any branch thereof, or any steam engine or other engine for sinking, draining, or working any mine, or any straith, 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 tumultuously assembled together, in every such case the inhabitants, wapentake, ward, or other district, by whatever name denominated, in which any of the said off. shall be comm. are to make full compensation to the person damnified, not only for damage done, but also for damage done at the same time to any picture, furniture, or goods whatever in any church, &c.

7 & 8 Geo. 4. c. 31. s. 2. How to be proceeded agt. where the damage ex.

£30. No action or summary proceeding as after

mentioned, (p. 76.) shall be maintainable under this act for any damage caused as aforesaid, (sect. 2.) unless the person damnified, or such of them as know the circum

s. 3.


stances of the off. or his servant or servants 7 & 8G. 4.
who had care of the property damaged, shall
within 7 days after the off. comm. go before
a J. P. residing near the place where the
off. was comm. having juris. therein, and
state on oath the names of the off. (if known)
and submit to be examined as to the off.
and become bound by recognizance to pro-
sécute; such action to be commenced within

3 cal. m. after off. comm. Id. s. 3.
The process must be served on the high const. s. 4.

who may let judgment go by default or

defend it. Id. s. 4. The inhabitants of the hundred are competent s. 5.

witnesses. Id. s. 5.
If the plaintiff shall recover, the writ of execu- s. 6.

tion shall not be executed, but the sheriff on
receiving it shall issue his warrant to co. trea-
surer, who is to pay the amount.

Id. s. 6.
The sheriff


direct his warrant into liberties. s. 13.
Id. s. 13.
The expences of the high const. are to be allowed s. 7.

by J. P. and paid by the co. treasurer, and
the whole is then to be levied on the hundred,

above their share of the co. rate. Id. s. 7. For the mode of payment in liberties, see s. 12.

14 and 15. For the mode of suing for damage done to s. 1).

7 & 8G. 4. (.31.


churches and chapels, or property belonging

to corporations, see the act, s. 11. Proceedings where the damage does not exceed 301.

Summary Proceeding.
No person can commence an action agt. the hun-

dred, or other like district, where the damage
does not exceed £30, but the party damnified
must within 7 days after the off. comm. give
notice in writing of his claim for compensa-
tion to the high const. (a) or some one of
such const. (if there is more than one,) of
the hundred or district in which the off. is
comm. The high const. must then within 7
days after receipt of the notice exhibit the
same to 2 Js. of the co. residing near or act-
ing for the hundred, &c. and they are there-
upon to appoint a special p. sess. of all the
Js. of the co. &c. to be held within not less
than 20 nor more than 30 days after exhi-
bition of such notice for the purpose of
hearing and determining such claim on ac-
count of such damage, &c. The high const. is
within 3 days after such appointment to give
notice in writing to the claimant of the
day, hour, and place of holding the sp. p.
sess. and is within 10 days to give the like

(a) According to the form set forth in the schedule to the act.

notice to all the Js. acting for the hundred 7 & 8 G.3.

c. 31.
or district, and the claimant is required to
place notice in writing (a) on the church or
chapel door or other conspicuous part of the
parish church in which such damage has
been comm. on two Sundays preceding the
day of holding the sp. p. sess.

Id. s. 3.
The Js. not being less than two, at such p. sess. s. 9.

or any adjournment thereof, are to hear and
examine on oath or affirmation the claimant
and any inhabitant of the hundred, &c. and
their witnesses, as to the damage sustained ;
and the said Js. or the major part of them, if
they shall find that the claimant has sustained
any damage by the means aforesaid, shall
make an order for payment of the amount to
him, together with reasonable costs, and also
an order for payment of the costs of the high
const. or inhabitants upon the treasurer of
the co. &c. who is to pay the same, and
charge the same in manner before mentioned,

(s. 7. p. 75, ante.) Id. s. 9.
For cases which do not exceed £30, and those

which exceed that sum, see 3. 1. 5. 11.
12. 14 and 15. p. 75, ante.

(a) According to the form set forth in the schedule of this act.


7 & 8 G.4. c. 28.

60 G. 3. & 1 G. 4.

c. 4.

Plea of not guilty and traverse.
Where a person not having the privilege of

peerage is arraigned on any ind. for treason,
fel. or piracy, and shall plead n. g. he shall
without further form be deemed to have put
himself upon the country for trial, and the
Ct. shall order a jury to try him accordingly.

7 & 8 Geo. 4. c. 28. s. l. Any person prosecuted in the K. B. (or Dub

lin) for any misd. either by inf. or indict. removed into that Ct. and shall


in term, shall not imparle, but shall plead or demur in four days from the time of ap

pearance. 60 Geo. 3. and i Geo. 4. C. 4. In default of appearance, or pleading, or de

murring as aforesaid, judg. may be entered

against defendants as for want of a plea. Id. In case defendant appears by his clerks in Ct.

he shall not imparle to the following term, but a rule to plead may forthwith be given, and a plea or demurrer enforced or judgment entered thereupon in the same manner as might have been done before the passing of this act, in cases where defendant had appeared by his clerk in Ct. or attorney. Id.

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