Imatges de pàgina
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Penalties, Forfeitures, and Fines, Costs, Charges, and Expences, and all other reasonable Costs and Charges attending the Recovery thereof, shall be sooner paid and satisfied.

Justices

may

Summons in

XXXIV. Provided always, and be it further enacted, That in all Cases in which by this Act any Penalty or Forfeiture is im- proceed by posed and made recoverable by Information before a Justice of the Recovery the Peace it shall be lawful for any Justice of the Peace to whom of Penalties. Complaint shall be made of any Offence against this Act to summon the Party complained against before him, and on such Summons to hear and determine the Matter of such Complaint, and on Proof of the Offence to convict the Offender, and to adjudge him to pay the Penalty or Forfeiture incurred, and to proceed to recover the same, although no Information in Writing shall have been exhibited or taken by or before such Justice; and all such Proceedings by Summons without Information in Writing shall be as good, valid, and effectual to all Intents and Purposes as if an Information in Writing was or had been exhibited.

XXXV. Provided also, and be it further enacted, That no Person shall be subject or liable to the Payment of any Penalty or Forfeiture imposed by this Act after the Expiration of Six Calendar Months next after the Offence committed, unless some Information or Proceedings shall have been laid or had before the Expiration of such Time.

XXXVI. And be it further enacted, That all Fines, Penalties, and Forfeitures which shall be imposed by any Stipendiary Justice to be appointed by virtue of this Act, either alone or together with any other Justice or Justices of the Peace for the said County, which are or shall be by any Act limited and made payable to Her Majesty, or to any Person whomsoever, save and except the Informer who shall sue for the same, or any Party aggrieved, shall, notwithstanding any thing in any such Act contained, be recovered for and adjudged to be paid to the Treasurer to be appointed under this Act, and shall be applied in aid or reduction of the Rates or Assessments by this Act authorized to be made: Provided always, that nothing herein contained shall extend to any Penalties or Forfeitures to be recovered under any Act relating to the Customs, Excise, or Post Office, or to Trade or Navigation, or any Branch of Her Majesty's Revenue.

XXXVII. And be it further enacted, That all Justices of the Peace before whom any Person shall be informed against or convicted for or in respect of any Offence against this Act may cause the Information, whenever an Information shall be taken in Writing or in Print, and the Conviction respectively, to be drawn up according to the following Forms, or any other Forms to the same Effect, as the Case may require; (that is to say,) Stafford BE it remembered, That on the

to wit.

A. B. of

Proceedings to

be commenced within Six

Months.

Penalties to be paid to the

Treasurer.

Forms of Information and Conviction:

Day of Form of In informeth me, One formation. ' of Her Majesty's Justices of the Peace for the County of Stafford, that E. F. of [here describe the Offence, and the Time ' and Place when and where committed], contrary to an Act passed ' in the Second Year of the Reign of Her Majesty Queen Victoria, 'intituled [here insert the Title of this Act], which hath imposed 'a Forfeiture of for the said Offence. Taken the before me,

Day of

Stafford

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Witnesses may be summoned.

Appeal may be made to the Quarter Sessions.

to wit.

in the Year of our Lord

A. B. is convicted before me, One [or us, Two] of Her Majesty's Justices of the Peace for the County of Stafford [here describe the Offence, and the Time and Place when and where committed], 'contrary to an Act passed in the Second Year of the Reign of Her Majesty Queen Victoria, intituled [here insert the Title of this Act]. Given under my Hand and Seal [or our Hands and Seals] the Day and Year first above written.'

XXXVIII. And be it further enacted, That it shall be lawful for the Justice to be appointed by virtue of this Act to issue his Summons requiring any Person to appear before him for the Purpose of giving Evidence touching any Matter cognizable by such Justice either alone or together with any other Justice or Justices; and if any Person served with such Summons, either personally or by leaving a true Copy thereof at his or her Dwelling House or usual Place of Abode, shall neglect or refuse to appear at the Time and Place appointed by such Summons, and no reasonable Excuse for his or her Absence shall be proved before the Justice or Justices then and there present, or if any Person appearing in obedience to such Summons shall refuse to be examined upon Oath or Affirmation by such Justice or Justices touching any such Matter, every Person so offending shall, on Conviction thereof before the said Justice or Justices, forfeit and pay such Sum of Money not exceeding Five Pounds as to the convicting Justice or Justices shall seem meet; and no Person, although liable to contribute to the Rates under this Act, shall be deemed an incompetent Witness by reason of any Penalty, Forfeiture, or Fine being applicable to the Purposes of this Act, and no Justice shall in any Case be disabled from acting in the Execution of this Act by reason of his being liable to contribute to such Rates as aforesaid.

XXXIX. Provided always, and be it further enacted, That if any Person or Persons shall think himself, herself, or themselves aggrieved by any Rate or Assessment, Rates or Assessments, or by any Order or Judgment of the said Commissioners, or by the Order or Determination of any Justice or Justices of the Peace in pursuance of this Act, such Person and Persons may, within Four Calendar Months next after the Cause of Complaint shall have arisen, appeal to the Justices at any General or Quarter Sessions of the Peace to be holden for the said County of Stafford, the Person or Persons appealing having first given at least Twentyone Days Notice of such Appeal, and of the Nature and Matter thereof, to the Person or Persons appealed against, or to the Collector or Collectors, or to the Clerk to the said Commissioners, as the Case may be, and forthwith after such Notice entering into a Recognizance before some Justice of the Peace for such County, conditioned to try such Appeal, and to abide the Order and Award of the said Court thereon, and to pay such Costs as shall be awarded at such Sessions; and the said Justices, upon due Proof of such Notice and Recognizance having been given and entered into, shall in a summary Way hear and determine such Complaint at such General or Quarter Sessions of the Peace, or, if they think proper, may adjourn the Hearing thereof to the next General or Quarter Sessions of the Peace to be held for such

County,

County, and if they see Cause may mitigate any Penalty, Forfeiture, or Fine, and may order any Money to be returned which shall have been paid by any Person or Persons so appealing, or which shall have been levied in pursuance of such Order, Judgment, or Determination of the said Commissioners or Justices, and shall and may also award such further Satisfaction to be made to the Party injured, or such Damages and Costs to either of the Parties, as they shall judge reasonable and proper; and all [such Determinations of the said Justices shall be final, binding, and conclusive upon all Parties to all Intents and Purposes whatsoever; and in all such Appeals against the said Rates or Assessments, or against any Alteration therein, the said Collector or Collectors shall be Respondent or Respondents, and no Person shall be incompetent to be examined as a Witness upon any Appeal by reason of his or her being a Rate-payer under this Act; and all such Restitution, Damages, and Costs as shall be so awarded on any Appeal in respect of the said Rates or Assessments against the Party appealing shall be paid to the Collector or Collectors (and upon Nonpayment shall be recoverable by Distress and Sale as for Rates in arrear), and shall be by him or them paid over to the Treasurer for the Purposes of this Act; and all such Damages and Costs as shall be awarded on any Appeal in respect of such Rates or Assessments against the Respondent or Respondents shall be reimbursed to him or them by the said Treasurer, together with all proper Costs and Charges to be incurred in defending such Appeal, or in relation thereto : Provided always, that no Rate or Assessment shall be quashed for Want of Form only, nor shall any such Appeal be removed or removeable by Certiorari or any other Writ or Process whatsoever into any of Her Majesty's Courts of Record at Westminster, any Law or Statute to the contrary notwithstanding. XL. Provided always, and be it further enacted, That on any Appeal against any Rate or Assessment to be made or imposed under the Authority of this Act the Justices at the General or Quarter Sessions of the Peace at which such Appeal shall be made shall and they are hereby empowered to amend such Rate or Assessment in such Manner as they may consider necessary for giving Relief to any Party or Parties injured or aggrieved thereby, without quashing such Rate or Assessment, and without altering the same with respect to other Persons mentioned therein; but if upon Appeal against the whole Rate or Assessment it shall be considered necessary to set aside the same, then and in every such Case it shall be lawful for the said Justices so to do, and to order a new Rate or Assessment to be made in lieu thereof in manner herein-before directed.

Quarter Sessions may alter Assessments, or

quash and order

new ones.

XLI. And be it further enacted, That this Act shall be deemed Public Act. and taken to be a Public Act, and shall be judicially taken notice

of as such by all Judges, Justices, and others.

САР.

CA P. XVI.

Serviceable
Process for the

of personal

An Act for improving the Practice and Proceedings of the
Court of Pleas of the County Palatine of Durham and
Sadberge.
[14th June 1839.]

WHEREAS various Alterations and Improvements have re

cently been made, by the Authority of Parliament and otherwise, in the Practice and Proceedings of the Superior Courts ' of Common Law at Westminster, and in the Court of Common Pleas of the County Palatine of Lancaster, and it is expedient ⚫ that similar Alterations and Improvements should be effected in the Practice and Proceedings of the Court of Pleas of the County 'Palatine of Durham and Sadberge:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the Process in all Actions hereafter to be prosecuted in the Court of Pleas at Durham by serviceable Process shall, Commencement whether the Action be brought by or against any Person entitled to the Privilege of Peerage or of Parliament, or of the said Court or of any other Court, or to any other Privilege, or by or against any other Person, be according to the Form contained in the Schedule to this Act annexed, marked Number 1, and shall be called a Writ of Summons; and in every such Writ and Copy thereof the Place of Residence or supposed Residence of the Party Defendant, or wherein the Defendant shall be or supposed to be, shall be mentioned; and such Writ shall be issued in the first instance by the Prothonotary of the said Court of Pleas of Durham, or his Deputy, and shall be served in the Manner heretofore used in the County Palatine of Durham and Sadberge, and not elsewhere; and the Person serving the same shall and is hereby required, within Three Days after Sergice thereof, to indorse on the Writ the Day of the Month and Week of the Service thereof.

Actions.

Mode of Appearance to serviceable Process.

Appearance

may be enforced by a Writ of Distringas in case a Defen

dant cannot be served with the

Writ of Sum

mons.

II. And be it enacted, That the Mode of Appearance to every such Writ of Summons issued under the Authority of this Act shall be by delivering to the said Prothonotary or his Deputy a Memorandum in Writing, dated on the Day of Delivery thereof, according to the Form contained in the said Schedule, and marked No.2.

III. And be it enacted, That in case it shall be made appear, by Affidavit to the Satisfaction of the said Court of Pleas at Durham, that any Defendant has not been personally served with any such Writ of Summons as herein-before mentioned, and has not, according to the Exigency of such Writ, appeared to the Action, and cannot be compelled so to do without some more efficient Process, then and in any such Case it shall be lawful for such Court, by Rule or Order, to order a Writ of Distringas to be issued, directed to the Sheriff of the said County of Durham, or to any other Officer to be named in such Rule or Order, to compel the Appearance of such Defendant, which Writ of Distringas shall be in the Form and with the Notice subscribed thereto mentioned in the said Schedule, and marked Number 3, which Writ of Distringas and Notice, or a Copy thereof, shall be served on such Defendant

Defendant if he can be met with, or if not, shall be left at the Place where such Distringas shall be executed; and a true Copy of every such Writ and Notice shall be delivered together therewith to the Sheriff or other Officer to whom such Writ shall be directed; and every such Writ shall be made returnable on a Day certain to be named therein, not being less than Fifteen Days after the Teste thereof; and if such Writ of Distringas shall be returned Non est inventus and Nulla bona, and the Party issuing out such Writ of Distringas shall not intend to proceed to Outlawry or Waiver, according to the Authority herein-after given, and any Defendant against whom such Writ of Distringas issued shall not appear at or within Eight Days inclusive after the Return of such Writ of Distringas, and it shall be made appear, by Affidavit to the Satisfaction of the said Court, that due and proper Means were taken and used to serve and execute such Writ of Distringas, it shall be lawful for such Court to authorize the Party suing out such Writ of Distringas to enter an Appear. ance for such Defendant, and to proceed thereon to Judgment and Execution.

c. 110.

IV. And be it enacted, That upon the Return of Non est inventus Proceedings to as to any Defendant against whom any Writ of Capias shall have Outlawry. been issued under and by virtue of an Act of Parliament made and passed in the First and Second Years of the Reign of Her present Majesty Queen Victoria, intituled An Act for abolishing Arrest on 1 & 2 Vict. Mesne Process in Civil Actions, except in certain Cases; for extending the Remedies of Creditors against the Property of Debtors; and for amending the Laws for the Relief of Insolvent Debtors in England, and also upon the Return of Non est inventus and Nulla bona as to any Defendant against whom such Writ of Distringas as herein-before mentioned shall have issued, whether such Writ of Capias or Distringas shall have issued against such Defendant only, or against such Defendant and any other Person or Persons, it shall be lawful, until otherwise provided for, to proceed to outlaw or waive such Defendant by Writs of Exigi, Facias, and Proclamation, and otherwise, in such and in the same Manner as may now be lawfully done upon the Return of Non est inventus to a Pluries Writ of Capias ad respondendum issued after an original Writ: Provided always, that every such Writ of Exigent, Proclamation, and other Writ subsequent to the Writ of Capias or Distringas, shall be made returnable on a Day certain to be named therein; and every such first Writ of Exigent and Proclamation shall bear Teste on the Day of the Return of the Writ of Capias or Distringas; and every subsequent Writ of Exigent and Proclamation shall bear Teste on the Day of the Return of the next preceding Writ; and no such Writ of Capias or Distringas shall be sufficient for the Purpose of Outlawry or Waiver, if the same be returned within less than Fifteen Days after the Delivery thereof to the Sheriff or other Officer to whom the same shall be directed.

V. And be it enacted, That after Judgment given in any Action commenced by Writ of Summons under the Authority of this Act, Proceedings to Outlawry or Waiver may be had and taken, and Judgment of Outlawry or Waiver given, in such Manner and in such Cases as may now be lawfully done after Judgment in an 2 & 3 VICT.

G

Action

Proceedings to
Outlawry may

be had after
Judgment given
under the Au-
thority of this

Act.

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