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or certain

buildings, or any machinery in any manufactory or mine.

Setting fire to

or destroying a ship.

Damaging a ship, otherwise than by fire.

Exhibiting false signals to a ship, &c.; destroying a shipwrecked vessel or cargo, &e.

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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 any 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, waggonway, or trunk for conveying minerals from any mine, every such offender shall be guilty of felony, and, being convicted thereof, shall suffer death as a felon.

IX. And be it enacted, that if any person shall unlawfully and maliciously set fire to, or in anywise destroy any ship or vessel, whether the same be complete or in an unfinished state, or shall unlawfully and maliciously set fire to, cast away, or in anywise destroy any ship or vessel, with intent thereby to prejudice any owner or part owner of such ship or vessel, or of any goods on board the same, or any person that hath underwritten or shall underwrite any policy of insurance upon such ship or vessel, or on the freight thereof, or upon any goods on board the same, every such offender shall be guilty of felony, and, being convicted thereof, shall suffer death as a felon.

X. And be it enacted, that if any person all unlawfully and maliciously da mage, otherwise than by fire, any ship or vessel, whether complete or in an unfinished state, with intent to destroy the same, or to render the same useless, every such offender shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit,) in addition to such imprison

ment.

XI. And be it enacted, that if any person shall exhibit any false light or signal, with intent to bring any ship or vessel into danger, or shall unlawfully and maliciously do any thing tending to the immediate loss or destruction of any ship or vessel in distress, or destroy any part of any ship or vessel which shall be in distress, or wrecked, stranded, or cast on shore; or any goods, merchandize, or articles of any kind belonging to such ship or vessel, or shall by force prevent or impede any person endeavouring to save his life from such ship or vessel, (whether he shall be on board or shall have quitted the same,) every such offender shall be guilty of felony, and being convicted thereof, shall suffer death as a felon.

XII. And be it enacted, that if any person shall unlawfully and maliciously break down or cut down any sea bank or sea wall, or the bank or wall of any river, canal, or marsh, whereby any lands shall be overflowed or damaged, or shall be in danger of being so, or shall unlawfully and maliciously throw down, level, or otherwise destroy any lock, sluice, floodgate, or other work on any navigable river or canal, every such offender shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years; and, if a male, to be once, twice, or 'thrice publicly or privately whipped (if the Court shall so think fit,) in addition to such imprisonment; and if any person shall unlawfully and maliciously cut off, draw up, or remove any piles, chalk, or other materials fixed in the ground and used for securing any sea bank or sea wall or the bank or wall of any river, canal, or marsh, or shall unlawfully and maliciously open or draw up any floodgate, or do any other injury or mischief to any navigable river or canal, with intent and so as thereby to obstruct or prevent the carrying on, completing, or maintaining the navigation thereof, every such offender shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit,) in addition to such impri

sonment.

XIII. And be it enacted, that if any person shall unlawfully and maliciously pull down or in anywise destroy any public bridge, or do any injury with inient and so as thereby to render such bridge or any part thereof dangerous or

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ing of 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 offence 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 acting for such hundred or district, and they shall thereupon appoint a special petty session of all the justices of the peace 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 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.

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IX. And be it enacted, That it shall be lawful for the justices, not being less than two, at such petty session or any adjournment 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 therenpon 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 daniage 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 hereinbefore 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 the 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 suit.

Such cases to be settled by the justices at a special petty sessions.

Penalty on high constable for neglect.

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 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 com- In case of mitted on any property belonging to a body corporate, such body may recover damage to compensation against the hundred or other like district, in the same man- property bener and subject to the same conditions as any person damnified is by this act longing to a enabled to do: provided always, that the several conditions which are herein- corporation. before required to be performed by or on behalf of any person damnified, may, in the case of a body corporate, be performed by any officer of such body on behalf thereof.

XII. And whereas the offences for which compensation is granted by virtue of this act may be committed in counties of cities and towns, or in such liberties, franchises, cities, 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 this act mentioned shall be committed in a county of a city or town, or in any such liberty, franchise, city, town, or place, the inhabitants thereof shall be liable to yield compensation in the same manner, and under the same con

Where the damage is committed in any county of city, &c.

a

or in any Liberty, &c. which is not within any hundred, or

does not con

tribute to the county rate, such county liberty, &c. shall be liable

like the hundred.

Provision for executing

writs in certain places.

Mode of reimbursement in liberties, cities, and towns not within any hundred, but contributing

to the county rate.

Mode of reimbursement in

counties of

cities, and in liberties, ci

ties, and towns

not contributing to any county rate.

ditions and restrictions in all respects, as the inhabitants 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 fiberty, 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 such liberty, franchise, city, town or place, the process for appearance in the action, and the notice required in the case of the claim, shall be served upon some one peace officer of such county, liberty, franchise, city, town, or place; and all matters which by this act the high constable of a hundred is authorised 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 to 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, his successor shall act in his stead.

XIII. And, for securing the due execution of writs in the cinque ports, and in places where writs are directed to other officers than the sheriff, and in liberties where the sheriff is not warranted in executing writs, be it enacted, That all other such officers to whom any writ of execution under this act 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 and other 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 under this act in such liberties, franchises, cities, towns, and places as contribute to the payment of the county rate, but not as being part of any hundred, be it enacted, That the warrant of the sheriff or other officer upon any writ of execution against the inhabitants of any such liberty, franchise, city, town, or place, and every order of justices for payment to the party damnified therein, or to the peace officer or inhabitants thereof, by virtue of this act, shall be directed to the treasurer of the 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 under this act in counties of cities and towns, and in such liberties, franchises, cities, towns, and places as do not contribute to the payment of the general county-rate, be it enacted, That 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 inhabitants 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 rate, or out of any fund applicable to similar purposes, where there is such a rate or fund therein, by the treasurer or other 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 rate or fund for the relief of the poor of the particular parish, township, district, or precinct therein, where the offence was committed, by the overseers or other officers having the collection 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 This act not shall extend to Scotland or Ireland.

to extend to Scotland or Ireland.

SCHEDULE.

FORM of NOTICE to the High Constable of a Hundred or other
like District, or to the Peace Officer of a County of a City or
Town, or of a Liberty, Franchise, City, Town, or Place.

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one of the high constables] a peace officer of, &c.]

I hereby give you notice, That I intend to claim compensation from the
inhabitants of [here specify the hundred or other like district, or county of a
city, &c., or liberty, franchise, &c., as the case may be], on account of the
damage which I have sustained by means of [here state the offence, the time
and place where it was committed, and the nature and amount of the damage];
and I hereby require you, within seven days after your receipt of this notice,
to exhibit the same to some two justices of the peace of the county [riding or
division] of
residing in or acting for the said hundred, &c.
[or if in a liberty, franchise, &c. where the justices of the county, riding, or
division have no jurisdiction, then say, to some two justices of the peace of,'
naming the liberty, franchise, &c.], [or if in a county of a city, &c. then say,
'to some two justices of the peace of,' naming the county of the city, &c.], in
order that they may appoint a time and place for holding a special petty ses-
sion to hear and determine my claim for compensation by virtue of an act
passed in the seventh and eighth years of the reign of King George the Fourth,
intituled "An act for consolidating and amending the laws in England relative
to remedies against the hundred;" and you are required to give me notice of
the day, hour, and place appointed for holding such petty session within three
days after the justices shall have appointed the same. Given under my hand
day of
in the year of our Lord

this

(Signed)

A. B.

FORM of NOTICE to be placed on the Church or Chapel Door or
other conspicuous Part of the Parish, Township, or Place,
(as the case may be).

I hereby give notice, That I shall apply for compensation to the justices of
the peace at a special petty sessions to be holden at

next, at the hour of

on the in the forenoon,

day of on account of the damage which I have sustained by means of [here state the offence, the time and place where it was committed, and the nature and amount of the damage, in the same manner as the preceding form.] Given under my hand this in the year of

our Lord

day of

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ANNO NONO

GEORGII IV. REGIS.

a variance shall appear

CAP. XV.

An Act to prevent a Failure of Justice by reason of Variances between
Records and Writings produced in Evidence in support thereof.
[9th May, 1828.]

WHEREAS great expence is often incurred, and delay or failure of justice takes place at trials, by reason of variances between writings produced in evidence and the recital or setting forth thereof upon the record on which the trial is had, in matters not material to the merits of the case, and such record cannot now in any case be amended at the trial, and in some cases cannot be amended at any time: for remedy thereof be it enacted by the King's most excellent Majesty, by and with the advice of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, In cases where That it shall and may be lawful for every court of record holding plea in civil actions, any Judge sitting at Nisi Prius, and any court of oyer and terminer and general gaol delivery in England, Wales, the town of Berwick-uponTweed, and Ireland, if such Court or Judge shall see fit so to do, to cause the record on which any trial may be pending before any such Judge or Court in civil action, or in any indictment or information for any misdemeanor, when any variance shall appear between any matter in writing or in print produced in evidence and the recital or setting forth thereof upon the record whereon the trial is pending, to be forthwith amended in such particular by some officer of the court, on payment of such costs (if any) to the other party as such Judge or Court shall think reasonable; and thereupon the trial shall proceed as if no such variance had appeared; and in case such trial shall be had at Nisi Prius, the order for the amendment shall be indorsed on the postea, and returned together with the record; and thereupon the papers, rolls, and other records of the court from which such record issued, shall be amended accordingly.

between written or printed

evidence and

the record, the

Court may order the record to be amended on payment of costs.

any

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