may now by Law be levied and recovered; and that no Action or Suit which may be brought, commenced, or prosecuted by or against the faid Commiffioners or Trustees or other Perfons having the Control as aforefaid, or any of them, by virtue or on account of fuch local Act or Acts of Parliament, or of this Act, in the Name of fuch their respective Clerk or Clerks, fhall abate or be discontinued by the Death, Sufpenfion, or Removal of fuch Clerk or Clerks, or by any Act or Default of fuch Clerk or Clerks done or fuffered without the Confent or Direction of the faid Commiffioners or Trustees or other Perfons as aforefaid; but the Clerk or Clerks to the faid Commiffioners or Trustees or other Perfons for the Time being fhall be always deemed Plaintiff or Defendant in every fuch Action or Suit (as the Cafe may be), except in fuch Action or Actions as fhall be profecuted between the faid Commiffioners or Trustees or other Persons and their respective Clerk or Clerks for the Time being; in which Action or Suit any One of the faid Commiffioners or Trustees or other Perfons having the Control as aforefaid, fhall or may be Plaintiff or Defendant (as the Cafe may be): Provided always, that every such Clerk or Clerks or other Perfon in whofe Name any Action or Suit shall be commenced, profecuted, or defended in pursuance of this Act, fhall always be reimbursed and paid, out of the Monies to arife by virtue of any fuch local Act or Acts towards the Expences of paving or repairing the Pavements of the Streets or public Places in any fuch parochial or other District, either exclufively or jointly with or for any other Objects or Purposes, or of this Act, all fuch Costs, Charges, and Expences as he or they fhall be put to or become charged or chargeable with by reason of his or their being fo made Plaintiff or Plaintiffs, Defendant or Defendants therein; but no fuch Clerk or other Perfon fhall be perfonally answerable or liable for the Payment of the fame or any Part

of

of the fame, unless fuch Action or Suit fhall have been brought or commenced, or the Defence of fuch Action or Suit fhall be commenced, without the Order or Direction of the faid Commiffioners or Trustees or other Perfons, or fhall be profecuted, carried on, and continued contrary to their Approbation and Confent.

neffes.

CXXI. And be it further enacted, That in any Inhabitants Action, Profecution, Information, Appeal, Caufe, may be WitSuit, Hearing, Examination, or Proceeding whatfoever, relating to or concerning the Execution of any local Act or Acts of Parliament relating to any parochial or other District within the Jurifdiction of this Act, or relating to or concerning any Rate or Affeffment made or to be made upon any Perfon or Perfons in respect of any Property in any fuch parochial or other District, or in anywife touching, concerning, or relating to any fuch parochial or other District within the Jurifdiction of this Act, any Inhabitant or Owner or Occupier of Property in any Part of any fuch parochial or other District may be a competent Witness, and fhall be admitted to give Evidence, notwithstanding he might be interested for and on behalf of fuch parochial or other District, or might or is or then or thereafter should be charged with or liable to pay any Rate or Affeffment to be raised, levied, and collected within any fuch parochial or other District by virtue of any local Act or Acts of Parliament or of this Act, or by any other Authority whatsoever.

in Perform

CXXII. And be it further enacted, That if any CommiffionPerfon or Perfons fhall at any Time or Times here- ers and Surafter in any Manner whatsoever wilfully obftruct, veyors not to hinder, or moleft any Commiffioners or Trustees be obftructed or any other Perfons having the Control of the ance of their Pavements in any Streets or public Places in any Duty. parochial or other District within the Jurifdiction of this Act, or any Surveyor or Surveyors of Pavements, or any other Officer or Officers, Person or Perfons whomsoever, who are or shall be appointed

or

Juftices may proceed on Complaint of Commiffioners.

Two Commiffioners may act

where a greater Number is

or employed to put in Execution this Act or any
local Act or Acts of Parliament by the faid Com-
miffioners or Trustees or other Perfons having the
Control of the Pavements of the Streets and public
Places in any fuch parochial or other District within
the Jurifdiction of this Act, in the Performance or
Execution of his or their Duty, then every Perfon
or Persons so offending fhall for the First Offence
forfeit the Sum of Five Pounds, and for the Se-
cond Offence the Sum of Ten Pounds, and for the
Third or any fubfequent Offence the Sum of
Twenty Pounds, to be recovered in the fame Manner
in which other Penalties are herein-after directed to
be recovered by virtue of this Act.

CXXIII. And be it further enacted, That in all
Cafes where one or more Juftice or Juftices of the
Peace is or are or may be empowered by Law to
proceed on the Complaint of the Commiffioners or
Trustees, or other Perfons having the Control of
the Pavements in any Streets or public Places in
any parochial or other District within the Jurifdiction
of this Act, or any of them, it shall and may be
lawful for fuch Justice or Juftices of the Peace, and
he and they is and are hereby required, to proceed
on the Complaint of any One of the faid Commif-
fioners or Trustees or other fuch Perfons, or of their
Surveyor or Surveyors of the Pavements, or of their
Clerk or Clerks for the Time being, or any of them,
or of any Person or Perfons whom they or any Two
or more of them by Writing under their Hands
fhall appoint for that Purpose, in fuch and the like
Manner to all Intents and Purposes as if fuch Com-
plaint had been made by fuch Commiffioners or
Trustees or other fuch Perfons as aforesaid, or any
or all of them.

CXXIV. And be it further enacted, That in every Cafe wherein no particular Number of Commiffioners or Trustees, or other Perfons having the Control of the Pavements in any Streets or public Places in any parochial or other Diftrict within the

E

Jurifdiction of this Act, are by any local Act or Acts of Parliament relating to fuch parochial or other District, or by this Act, ftipulated and required to be neceffary to perform any Act, Matter, or Thing by fuch local Act or Acts of Parliament or by this Act required or directed to be done and performed, that all and every fuch Act, Matter, and Thing may be legally and effectually done, executed, and performed by any Two or more of fuch Commiffioners or Trustees or other Perfons having the Control for the Time being of the Pavements in the Streets or public Places in the particular parochial or other District for which they are appointed or empowered to act; any thing in fuch local Act or Acts of Parliament or in this Act to the contrary notwithstanding.

not required by any local this Act.

Act or by

Commiffion

ers.

CXXV. And be it further enacted, That any Juftices may Justice of the Peace in and for any City, Borough, act although or County within the Jurifdiction of this Act, fhall and may do any Act or Deed relative to the Office of the Justice of the Peace directed by this Act, or by any local Act or Acts of Parliament relating to any parochial or other District therein or otherwise, notwithstanding he fhall or may at the fame Time be a Commiffioner or Trustee or other Perfon having the Control of the Pavements in the Streets and public Places in any parochial or other District within fuch City, Borough, or County, and shall and may act in the Execution of this Act or of any local Act or Acts of Parliament, or at any Seffions, or upon any Summons, Appeal, or other Proceeding whatsoever relating to any parochial or other District within the Jurifdiction of this Act, notwithstanding he fhall then be an Inhabitant of any fuch parochial or other District within the Jurifdiction of this Act, or fhall pay or may be then or thereafter liable to pay any Rates or Affeffments charged or to be charged upon any Owners or Occupiers of Property in any parochial or other District within the Jurif diction

Juftices may make Allow

ance to Informers out of Penalties

which are to be applied to Purposes of

the Act.

diction of this Act; any Law, Statute, or Usage to the contrary notwithstanding.

CXXVI. And be it further enacted, That it shall be lawful for the Juftice or Juftices of the Peace before whom any Offender or Offenders fhall be convicted of any Offence against this Act, or against any local Act or Acts of Parliament relating to any parochial or other District within the Jurifdiction of this Act, or against any Bye-law, Rule, or Order made in pursuance of any fuch local Act or Acts or of this Act, and he and they are hereby required, by and with the Direction or Confent of the Commiffioners or Trustees or other Perfons having the Control of the Pavements in any fuch parochial or other District, or of their Clerk or Clerks, or Surveyor or Surveyors of the Pavements for the Time being, or of any Perfon appointed by them or any of them, to allow and pay or to order the Allowance and Payment of fuch Part of any Fine, Penalty, or Forfeiture which fhall be impofed upon and shall be received of any fuch Offender or Offenders convicted before him or them of any fuch Offence as aforefaid (unless herein otherwife directed), not exceeding One-half Part thereof, as the faid Commiffioners or Trustees or other Perfons as aforefaid, or their Clerk or Clerks, or Surveyor or Surveyors of the Pavements as aforefaid, or any of them, shall direct or approve, unto the Informer or Informers against fuch Offender or Offenders, in fuch Shares and Proportions as to fuch Justice or Justices shall seem meet; and that the Remainder of fuch Fine, Penalty, or Forfeiture (unless herein otherwife directed as aforefaid), fhall be paid to and fhall belong to the Treasurer or Treasurers for the Time being to the Commiffioners or Trustees or other Perfons having the Control of the Pavements in the parochial or other District wherein any fuch Offence shall have been or fhall appear to have been committed, or to fuch other Perfon or Perfons or Company as

the