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be kept by the proper Officer among the Records of the Court ; How far Evie and upon any Indictment or Information against any Person for dence in future
a subsequent Offence, a Copy of such Conviction, certified by the Cases.
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. Venue, in Pro- XLI. And, for the Protection of Persons acting in the Execution ceedings against of this Act, be it enacted, That all Actions and Prosecutions to Persons acting be commenced against any Person for any thing done in pursuance under this Act.
of this Act shall be laid and tried in the County where the Fact nr6.807 was committed, and shall be commenced within Six Calendar
Months after the Fact committed, and not otherwise; and Notice Notice of in Writing of such Action, and of the Cause thereof, shall be Action,
given to the Defendant One Calendar Month at least before the General Issue,
Commencement of the Action; and in any such Action the De. &c.
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 have 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 there
upon. Not to extend XLII. Provided always, and be it enacted, That nothing in this to Scotland or Act contained shall extend to Scotland or Ireland. Ireland. To extend to
XLIII. And be it enacted, That where any Felony or MisOffences com
demeanor punishable under this Act shall be committed within the mitted at Sea. Jurisdiction of the Admiralty of England, the same shall be dealt
with, enquired of, tried, and determined in the same Manner as any other Felony or Misdemeanor committed within that Jurisdiction.
CA P. XXXI. An Act for consolidating and amending the Laws in England relative to Remedies against the Hundred.
[21st June 1827.] :
HEREAS it is expedient that the several Statutes now England relative to Remedies against the Hundred for the
Damage occasioned by Persons riotously and tumultuously i 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
Commencement of Act.
• 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 Paliament assembled, and by the Authority of the same, That this Act shall commence on the First Day of July in the present Year.
II. And be it enacted, That if any Church or Chapel, or any The Hundred Chapel for the Religious Worship of Persons dissenting from the shall make full United Church of England and Ireland, duly registered or re
Compensation corded, or any House, Stable, Coachhouse, Outhouse, Warehouse, for the Damage Office, Shop, Mill, Malthouse, Hop Oast, Barn, or Granary, or any in certain Building or Erection used in carrying on any Trade or Manufac- Cases. ture, 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 ErecLion 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 hereinbefore enumerated, but Iso 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.
III. Provided always, and be it enacted, That no Action or Party damnisummary Proceeding, as hereinafter mentioned, shall be maintain- fied to comply able by virtue of this Act, for the Damage caused by any of the with certain said Offences, unless the Person or Persons damnified, or such of them as shall have Knowledge of the Circumstances of the Offence,
31. 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 Limitation of be enabled to bring any such Action, unless he shall commence Time for the same within Three Calendar Months after the Commission of Actions. the Offence.
IV. And be it enacted, That no Process for Appearance in Process in the any Action to be brought by virtue of this Act against any Action against Hundred or other like District shall be served on any Inhabitant
to be served on thereof, except on the High Constable, or some One of the High the High ConConstables (if there be more than One), who shall within Seven stable, who may Days after such Service give Notice thereof to Two Justices of defend, or let
É ad. 550
Judgment go the Peace of the County, Riding, or Division in which such Hunby Default, as
dred or District shall be situate, residing in or acting for the Hunadvised.
dred or District; and such High Constable is hereby empowered 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. Inhabitants of V. And be it enacted, That in any Action to be brought by the Hundred; virtue of this Act against the Inhabitants of any Hundred or other competent like District, or against the Inhabitants of any County of a City Witnesses.
or Town, or of any such Liberty, Franchise, City, Town, or Place,
such covers, the
Action shall recover Judgment, whether after Verdict or by Sheriff on Re- Default or otherwise, no Writ of Execution shall be executed ceipt of the Writ of Execu- on any Inhabitant of the Hundred or other like District, nor on tion, shall make such High Constable ; but the Sheriff, upon the Receipt of the out a Warrant Writ of Execution, shall (on Payment of the Fee of Five Shillings directing the
and no more) make his Warrant to the Treasurer of the County, Treasurer of the County to
Riding, or Division in which such Hundred or other like District
shall be situate, commanding him to pay to the Plaintiff the Sum Amount. by the said Writ directed to be 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 hereinafter mentioned.
VII. And, for the Purpose of indemnifying the High Constable Mode of reim- and the County Treasurer, be it enacted, That if such High Conbursing the stable of the Hundred or other District sued shall produce and High Consta
prove before any Two Justices of the Peace of the County, Riding, ble for his Ex
or Division, residing in or acting for such Hundred or District, an pences in de fending the Ac- Account of the just and necessary Expences which he shall have tion, &c. incurred in consequence of any such Action as aforesaid, such
Justices shall make an Order for the Payment thereof upon the
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 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 Reimbursing or Quarter Sessions of the Peace to be holden for any such the County County, Riding, or Division, or any Adjournment thereof, shall Treasurer. 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 hereinbefore 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 Manner directed by those Acts, and shall be forthwith paid over to the Treasurer.
• VIII. And Whereas it is expedient to provide a summary Mode of ProMode of Proceeding where the Damage is of small Amount; ceeding in
Cases where Be it therefore enacted, That it shall not be lawful for any
the Damage to commence any Action against the Inhabitants of
does not exceed or other like District, where the Damage alleged to have been 301. 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 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.
IX. And be it enacted, That it shall be lawful for the Justices, Such Cases to not being less than Two, at such Petty Session or any Adjourn- be settled by the Justices at a ment thereof, to hear and examine upon Oath or Affirmation the Special Petty Claimant, and any of the Inhabitants of the Hundred or other Sessions.
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 re
imbursed for the same in the Manner hereinbefore directed. Penalty on
X. And be it enacted, That if any High Constable shall refuse High Constable for Neglect.
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. Proceeding in XI. And be it enacted, That every Action or summary Claim case of Da
to recover Compensation for the Damage caused to any Church mage to a Church or
or Chapel by any of the Offences in this Act mentioned, shall be Chapel.
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 In case of Da- where any of the Offences in this Act mentioned shall be commage to Pro.
mitted on any Property belonging to a Body Corporate, such Body perty belonging to a Cor
may recover Compensation against the Hundred or other like Dis. poration, trict, in the same Manner and subject to the same Conditions as
any Person damnified is by this Act enabled to do : Provided always, that the several Conditions which are hereinbefore 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. Where the • XII. And Whereas the Offences for which Compensation is Damage is granted by virtue of this Act may be committed in Counties of committed in
• Cities and Towns, or in such Liberties, Franchises, Cities, Towns, any County of a City, &c.
* and Places, as either do not contribute at all to the Payment of or in any Li
any County Rate, or contribute thereto, but not as being Part berty, &c. • of any Hundred or other like District ; and it is expedient to which is not provide for all such Cases;' Be it therefore enacted, That where
any of the Offences in this Act mentioned shall be committed in Hundred, or does not contri- a County of a City or Town, or in any such Liberty, Franchise, bute to the City, Town, or Place, the Inhabitants ereof shall be liable to County Rate, yield Compensation in the same Manner, and under the same such County, Conditions and Restrictions in all respects, as the Inhabitants of Liberty, &c.
the Hundred ; and every thing in this Act in anywise relating to shall be liable like the Hun.
a Hundred, or to the Inhabitants thereof, shall equally apply to dred. every County of a City or Town, and to every such Liberty,