« PreviousContinue »
sums of money paid or to be paid in lieu or satisfaction of them or any No VI. of them, shall not have been levied or paid, the causes of non-payment 4 Geo. IV. shall be fully and particularly stated ; and such account such sheriff Lailiff or other officer is hereby required to transmit, within thirty days
C. 37. from the expiration of the year for which such account ought to be made up, to the Commissioners of His Majesty's Treasury, or at or within such Causes of other period as such sheriff bailift or other officer shall be required by
to be stated. the said Commissioners of His Majesty's Treasury, or any three or more of them, in order that such account may be duly examined checked and Account to be inspected, under the direction of the said Commissioners of His Majesty's the Treasury. Treasury, or any three or more of them; and when so examined and approved, such account shall be transmitted to the proper officer in the Court of Exchequer, or to the auditor or other officer duly authorized to pass such account.
V. And be it further enacted, That every clerk of the peace and town Clerks of the clerk, or other proper officer, is hereby required, within twenty days from Peace, &c. to the opening of the Court of General or Quarter Sessions, to send to the send to the Commissioners of His Majesty's Treasury a copy or an extract of the Treasury, roll or rolls delivered by the sheriff bailiff or other officer, on the first within 20 day of the opening of such Court of General or Quarter Sessions, in such Days from the form as shall be required by the said Commissioners of His Majesty's opening of the Treasury, also the causes of discharge in case any person shall have been
sions, Copy relieved on appeal to the said Court of General or Quarter Sessions, and of the Rolls the answer given by any sheriff bailiff or other officer to such court, delivered by where any fine, issue, amerciament, forfeited recognizance, sum or sums the Sheriff. of money paid or to be paid in lieu or satisfaction of them or any of them, has not been received by such sheriff bailiff or other officer duly authorized to receive the same.
No. I. 7 & 8 G.IV.
Actions against the Hundred. [ No. I. ] 7 & 8 George IV. c. 31.-An Act for consolidat
ing and amending the Laws in England relative to Remedies against the Hundred.-[21st June 1827.]
that part of the United Kingdom called England, relative to remedies against the hundred for the damage occasioned by persons riotously and tumultuously 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 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 Commerce present Parliament assembled, and by the authority of the same, That ment of Act. This Act shall commence on the first day of July in ihe present year. The Hundred II. And be it enacted, That if any church or chapel, or any chapel shall make for the religious worship of persons dissenting from the united church full Compen- of England and Ireland, duly registered or recorded, or any house, sation for the stable, coach-house, out-house, warehouse, office, shop, mill, malt-house, Damage done hop-oast, barn, or granary, or any building or erection used in carrying by Rioters in
on any trade or manufacture, or branch thereof, or any machinery, whecertain Cases, ther fixed or moveable, prepared for or employed in any manufacture, or
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 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 herein-besure enumerated, but also 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. Party damni. III. Provided always, and be it enacted, That no action or summary fied to com- proceeding, as herein-after mentioned, shall be maintainable by virtue of ply with cer- this Act, for the damage caused by any of the said offences, unless the iain Condi.
person or persons damnified, or such of them as shall have knowledge of the tions.
circumstances of the offence, or the servant or servants who had the care of the properly 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 is known, and shall submit to the examination of such justice
touching the circumstances of the offence, and become bound by recogLimitation of nizance before him to prosecule the offenders when apprehended : ProTime for vided also, that no person shall be enabled to bring any such action, unActions. less he shall commence the same within three calendar inonths after the IV. And be it enacted, That no process for appearance in any action to No. I. be brought by virtue of this Act against any hundred or other like district
commission of the offence.
7 & 8G. IV. shall be served on any inhabitant thereof, except on the high constable,
c. 31. or some one of the high constables (if there be more than one), who shall within seven days after sich service give notice thereof to two Justices of the Peace of the county riding or division in which such Process in the
Action against hundred or district shall be situate, residing in or acting for the hun
the Hundred dred or district; and such bigh constable is hereby empowered to cause to be served to be entered an appearance in the said action, and also to defend the
on the High saine on behalt of the inhabitants of the hundred or district, as he shall Constable,wbo be advised; or, instead of defending the same, it shall be lawful for him, may defend, with the consent and approbation of such justices, to suffer jurigment or let judg. to go by default; and the person upon whom, as high constable, the pro- ment go hy cess in the action shall be served, shall, notwithstanding the expiration default, as ad
vised. 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.
V. And be it enacted, That in any action to be brought by virtue of Inbabitants of this Act against the inhabitants of any hundred or other like district, or the Hundred against the inhabitants of any county of a city or town, or of any such competent liberty, franchise, city, town or place, as is herein-after mentioned, no
Witnesses. inhabitant thereof shall, by reason of any interest arising from such inhabitancy, be exempted or precluded from giving evidence either for the plaintiff or for the defendants.
VI. And be it cnacteu, That wherever the plaintiff in any such action Jf Plaintiff reshall recover judgment, whether after verdict or by default or otherwise, covers, the no writ of esecution shall be executed on any inhabitant of the hundred or Sheriff, on other like district, nor on such high constable ; but the Sheriff, upon the receipt of the receipt of the writ of execution, shall (on payınent of the fee of five shil. Writ of Exe; lings and no more) make his warrant to the treasurer of the county make out a riding or division in which such hundred or other like district shall be
Warrant disituate, commanding hiin to pay to the plaintiff the sum by the said writ recting the directed to be levied, and stich treasurer is hereby required to pay the Treasurer of same, as also any other sum ordered to be paid by him by virtue of this the County to Act, out of any public money which shall then be in his hands, or shall pay the come into his hands, before the next General or Quarter Sessions of the Amount. 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 herein-after mentioned.
VII. And, for the purpose of indemnifying the high constable and the Mode of reim. county treasurer, be it enacted, That if such high constable of the bursing the hundred or other district sued shall produce and prove before any two High ConstaJustices of the Peace of the county riding or division, residing in or acting ble for his for such hundred or district, an account of the just and necessary
Expences in expences which he shall have incurred in consequence of any such action defending the as aforesaid, such justices shall make an order for the payment thereof Action, &c. upon the treasurer of the county riding or division in which such hun. dred or district shall be situate; and if in any such action judgment shall be given agaiust the plaintiff, the high constable shall in like manner be reimbursed for the just and necessary expences by him incurred in consequence of such action, over and above the taxed costs to be paid by the plaintiff in such 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 Reimbursing the payment of the amount of such taxed costs; and the justices of the the County Peace at the next General or Quarter Sessions of the Peace to be holden Treasurer. for any such county riding or division, or any adjournment thereof, shall 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,
No. I. over and above the general rate to be paid by such hundred or district in 7 & 8 G. IV. common with the rest of the county riding or division, under the Acts c. 31.
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. Mode of Pro- VIII. And whereas it is expedient to provide a summary mode of ceeding in proceeding where the damage is of small amount; be it therefore enacted, Cases where That it shall not be lawful for any person to commence any action against the Damage the inhabitants of any hundred or other like district, where the damage does not ex
alleged to have been sustained by reason of any of the offences in this Act ceed 301.
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 cunstable 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. Such Cases to IX. And be it enacted, That it shall be lawful for the justices, not be settled by being less than two, at such Petty Session or any adjournment thereof, the Justices at to hear and examine upon oath or affirmation the claimant, and any of a Special Petty the inhabitants of the hundred or other like district, and their several Sessions.
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 rect 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
herein-before directed. Penalty on X. And be it enacted, That if any high constable shall refuse or High Con
neglect to exhibit or give such notice as is required in any of the cases stable for Neglect.
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 XI. And be it enacted, That every action or summary claim to recover in case of
compensation for the damage caused to any church or chapel by any of Damage to a the offences in this Act mentioned, shall be brought in the name of the Church or Chapel.
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 not, in the name or nanies 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
does not con
offences in this Act mentioned shall be committed on any property be- No. I. longing to a body corporate, such body may recover compensation against 7 & 8 G. IV. the hundred or other like district, 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 herein-before required to be performed by or on behalf of any person damnified, may, In case of in the case of a budy corporate, be performed by any officer of such body Damage to on behalf thereof.
longing to a Corporation. XII. And whereas the offences for which compensation is granted by Where the virtue of this Act may be committed in counties of cities and towns, or Damage is in such liberties, franchises, cities, towns and places, as either do not committed in contribute at all to the payment of any county rate, or contribute thereto, any County of but not as being part of any hundred or other like district; and it is a City, &c. or expedient to provide for all such cases, be it therefore enacted, That in any Liberty, where any of the offences in this Act mentioned shall be committed in a
&c. which is county of a city or town, or in any such liberty, franchise, city, town or
not within any place, the inhabitants thereof shall be liable to yield compensation in the
Hundred, or same manner, and under the same conditions and restrictions in all tribute to the respects, as the inhabitants of the hundred ; and every thing in this Act County Rate, in anywise relating to a hundred, or to the inhabitants thereof, shall such County, equally apply to every county of a city or town, and to every such liberty, Liberty, &c. franchise, city, town and place, and to the inhabitants thereof; and shall be liable where the Justices of the Peace of the county riding or division are like the Hunexcluded from holding jurisdiction in any such liberty, franchise, city,
dred. town or place, in every such casc 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 sunmary claim to be preferred under this Act against the inhabitants of a county of a city or town, or of any 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 authorized 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 ihe 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 Provision for Ports, and in places where writs are directed to other officers than the executing sheriff, and in liberties where the sheriff is not warranted in executing Writs in cer. writs, be it enacted, That all other such officers to whom any writ of tain Places. 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 ibat every sheriff and other such officer as aforesaid shall have authority to grant bis warrant under this Act, notwithstanding the offence shall have been commiited 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 inode of payment and reimbursement under this Mode of Re. Act in such liberries, franchises, cities, towns, and places as contribute to imbursement the payment of the county rate, but not as being part of any hundred, be io Liberties,
Cities, and Towns not within any Hundred, but contributing to the County Rate.