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Ditress not to be deemed

unlawful for Want of Form;

he Jurídicion of his agunt this A&t, hail and nay que he Conviction to be drawn up Lowing Wars, or any other Form of de lame Efect; ar is

in the
Waris

BI remembered, That in this

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in the Yer of our Lord £ 3. is fully committed before of His Majetty's

• Justices of the Pence for the City, Borough, or
Count, as the Cafe nur be, of having [bere
Lue the fence, is the Cafe may be contrary
to the Form of a Summer of certain Statutes,
as the Cafe may be, in that Cafe made and pro-
*vided: And Ir we, as the Caft man be dɔ de-
clare and adjudge that the fall 4.3. hith for-
• feited for his or her as the Cafe may be faid
• Chence the Sum of
and all the Sum of

for the Coffs, Charges, and Expences already incurred thereabouts. Given under my • Hand [ Hand and Seal, or our Hands, er our • Hands and Seals, as the Cafe may be, the Day • and Year firt above written.'

CXXXII. And be it further enacted, That where any Distress fhall be made for any Sum or Sums of Money to be levied by virtue of any local A&t or Acts of Parliament relating to any parochial or other District within the Jurifdiction of this A&t, or by virtue of this A&t, the Distress itself shall not be deemed unlawful, nor the Party or Parties making the same be deemed a Trespaffer or Trespaffers, on account of any Defect or Want of Form in any Proceedings relating thereto; nor fhall the Party or Parties be deemed a Trefpaffer or Trefpaffers ab initio on account of any Irregularity which fhall be afterwards done by the Party or Parties diftraining; but the Perfon or Perfons aggrieved by fuch Irregularity may recover full Compenfation for the fpecial Damage incurred by an Action on the Cafe: Provided tiff always, that no Plaintiff or Plaintiffs shall recover in

Over

any

been ten

any fuch Action on the Cafe, or in any Action com- if adequate menced against any Perfon or Perfons for any thing Amends have done in pursuance of any local Act or Acts of Par- dered. liament relating to any parochial or other District within the Jurifdiction of this Act, or in pursuance of this Act, unless such Action shall be commenced within Twenty-eight Days after any alleged Irregularity, Trespass, or wrongful Proceeding fhall be done, nor unless Notice in Writing of fuch intended Action fhall have been given to the Clerk or Clerks of the Commiffioners or Trustees or other Perfons having the Control of the Pavements in any fuch parochial or other District, or left at his or their last or ufual Place or Places of Abode, Twenty-one Days before fuch Action shall be commenced, figned by the Attorney for the intended. Plaintiff or Plaintiffs, specifying the Cause or Causes of fuch Action; nor fhall any Plaintiff or Plaintiffs recover in fuch Action for Satisfaction for special Damage or otherwise, or for any fuch Iregularity, Trespass, or other Proceedings, if Tender of fufficient Amends fhall be made by or on the Behalf of the Party or Parties who fhall have committed or caused to be committed every or any fuch Irregularity, Trefpafs, or wrongful Proceeding, before fuch Action shall be brought; and in cafe no fuch Tender fhall have been made, it fhall and may be lawful for the Defendant or Defendants in any fuch Action, by Leave of the Court where fuch Action fhall depend, at any Time before Iffue be joined in such Action, to pay into fuch Court fuch Sum of Money as he, fhe, or they fhall think fit; whereupon fuch Proceedings or Order and Judgment shall be had, made, or given in and by fuch Court as in other Actions where the Defendant is allowed to pay Money into Court; and that if the Plaintiff or Plaintiffs in any fuch Action or Actions shall be nonfuited, or fuffer a Discontinuance of such Action, or if upon a Demurrer or Verdict or otherwife, Judgment fhall be given for or fhall be obtained by the Defendant

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Perfons aggrieved may appeal ;

Defendant or Defendants in any fuch Action, then and in every fuch Cafe the Plaintiff or Plaintiffs fhall be liable and fubject to the Payment to the Defendant or Defendants of Treble Cofts; and the Defendant or Defendants fhall have all and every fuch Remedies for recovering the fame, as any Defendant may have by Law for the Recovery of Cofts in any other Cafe.

CXXXIII. Provided always, and be it further enacted, That if any Perfon or Persons shall think himself, herself, or themselves aggrieved by any Conviction or Order of any Juftice or Justices of the Peace acting in and for any City, Borough, or County within the Jurifdiction of this A&t, for any Offence committed against any local Act or Acts of Parliament relating to any parochial or other District within the Jurifdiction of this A&t, or against this Act, it shall and may be lawful to and for fuch Perfon or Perfons to appeal to the next General or Quarter Seffions of the Peace for fuch City, Borough, or County, provided the fame fhall not be held within Seven Days after fuch Conviction or Order fhall be made, and then to the General or Quarter Seffions of the Peace for fuch City, Borough, or County then next fucceeding; and alfo if any Perfon or Perfons fhall think himself, herself, or themselves aggrieved by any Rate or Rates, Affeffment or Affeffments, made or to be made for or towards the Expences of paving or repairing the Pavements of the Streets or public Places in any parochial or other District within the Jurifdiction of this Act, either exclusively or jointly with or for or towards any other Objects and Purposes, or by any Byelaw, Rule, or Order made or to be made in purfuance of any fuch local Act or Acts of Parliament, or in pursuance and by virtue of this Act, or by any other Matter or Thing done or directed to be done in pursuance of fuch local Act or Acts of Parliament, or of this Act, then fuch Perfon or Perfons fhall apply for Relief to the Commiffioners or

Trustees

Trustees or other Perfons having the Control of the Pavements for fuch parochial or other District for which fuch Rate or Affeffment shall then have been made, or by whom any fuch Bye-law, Rule, or Order, or other Matter or Thing, fhall have been made or done or directed to be done, at any Meeting to be held within Thirty Days next after the making of any fuch Rate or Rates, Affeffment or Affeffments, or next after any fuch Matter or Thing done and committed by or by an Order of the faid Commiffioners or Trustees or other Perfons, by which fuch Perfon or Perfons fhall think himself, herself, or themselves aggrieved; and the faid Commiffioners, Trustees, or other Perfons, are hereby authorized and empowered to give fuch Relief in the Premises as to them fhall feem neceffary; and if fuch Perfon or Perfons fhall not be fatisfied with the Determination of fuch Commiffioners, Trustees, or other Persons, or the said Commiflioners, Truftees, or other Perfons, fhall neglect within Thirty Days after fuch Application to determine or to give Notice of fuch Determination to the Perfon or Perfons fo applying for Relief, then and in either of fuch Cafes he, she, or they may appeal to a Quarter or General Seffions of the Peace to be holden for the City, Borough, or County within which fuch parochial or other District shall be fituate, within Four Calendar Months next after fuch Application to the faid Commiffioners, Trustees, or other Perfons; but that in all and every fuch Cafe of Appeal every fuch Appellant, unless he, fhe, or they shall be Commiffioners or Trustees, or other Perfons having the Controul of the Pavements as aforefaid, or their Clerk or Clerks, or Surveyor or Surveyors of the Pavements for the Time being, or fome Per fon or Perfons appointed by them, and whether fuch Appeal fhall be against any Conviction or Order of any Justice or Juftices of the Peace, or against any Rate or Affeffment, or against any Bye-law, Rule, Order, Matter or Thing made or done or

N 3

directed

directed to be done by the faid Commiffioners or Trustees or other Perfons, fhall first give or cause to be given Fourteen Days Notice at leaft in Writing of his, her, or their Intention to bring fuch Appeal, and of the Matter thereof, figned by every fuch Appellant, and fpecifying his, her, or their true Refidence and Trade or Profeffion, to the Clerk or Clerks to the faid Commiffioners, Trustees, or other Persons having the Control of the Pavements as aforefaid, by delivering fuch Notice to him or them, or by leaving fuch Notice for him or them at his or their laft or ufual Place or Places of Abode, and within Three Days next after the Service of fuch Notice fhall enter into a Recognizance before One of His Majesty's Juftices of the Peace for the faid City, Borough, or County, with Two fufficient Sureties, in the Sum of Fifty Pounds, conditioned to try fuch Appeal, and to abide the Order of and to pay fuch Cofts, as fhall be awarded by the Justices at fuch Quarter or General Seffions of the Peace for the faid City, Borough, or County; and the faid Juftices at fuch General or Quarter Seffions, upon due Proof of fuch Notice being given as aforefaid, and fuch Recognizance being entered into, in fuch Cafes in which fuch Notice and Recognizance are hereby directed and required, shall hear and determine the Caufes and Matters of fuch Appeal in a fummary Way, and award fuch Cofts to the Parties appealing or appealed against as they the faid Justices fhall think proper; and in all Cafes wherein the Appeal shall relate to the Provifions contained in this Act for compelling speedy and effectual Reparation of imperfect Pavement, the faid Juftices at fuch General or Quarter Seffions shall award full Costs to the Party in whose Favour to be awarded. they fhall decide and determine, to be allowed as between Solicitor and Client, and to be fettled by the Clerk of the Peace for fuch City, Borough, or County for the Time being; and the Determination of fuch Justices at their Quarter or General Seffions

and on AP

Appeals by Commiffioners

as to the Re

paration of Pavements,

full Cofts are

fhall

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