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III. Provided always, and be it enacted, Party damnified to That no action or summary proceeding, as conditions. comply with certain herein-after mentioned, shall be maintainable by virtue of this Act, for the damage caused by any of the said offences, unless the person or persons damnified, or such of them as shall have knowledge of the circumstances of the offence, 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 be enabled Limitation of time for to bring any such action, unless he shall commence the same within three calendar months after the commission of the offence.

actions.

to be served on the

IV. And be it enacted, That no process for Process in the action appearance in any action to be brought by against the hundred virtue of this Act against any hundred or other high constable, who like district shall be served on any inhabitant may defend, or let thereof, except on the high constable or some fault, as advised. judgment go by deone of the high constables (if there be more than one), who shall within seven days after such service give notice thereof to 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 the hundred 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 High constable to con- default; and the person upon whom, as high tinue to act, notwith-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.

standing expiration of office.

Inhabitants of the

witnesses.

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V. And be it enacted, That in any action hundred competent to be brought by virtue of this Act against the inhabitants of any hundred or other like dis trict, or against the inhabitants of any county of a city or town, or of any such liberty, fran chise, city, town, or place, as is herein-after mentioned, no inhabitant thereof shall, by reason of any interest arising from such inhabitancy, be exempted or precluded from give ing evidence either for the plaintiff or for the defendants.

If plaintiff recovers,

the sheriff, on receipt

of the writ of execu

treasurer of the county to pay the amount.

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VI. And be it enacted, That wherever the plaintiff in any such action shall recover judg tion, shall make out a ment, whether after verdict or by default or warrant directing the otherwise, no writ of execution shall be executed on any inhabitant of the hundred or other like district, nor on such high constable; but the sheriff, upon the receipt of the writ of execution, shall (on payment of the fee of five shillings and no more) make his warrant to the treasurer of the county, riding, or division in which such hundred or other like district shall be situate, commanding him to pay to the

plaintiff the sum 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 divi sion; 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.

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VII. And, for the purpose of indemnifying Mode of reimbursing the high constable and the county treasurer, the high constable for be it enacted, That if such high constable of fending the action, his expences in dethe hundred or other district sued shall pro- &c. duce and prove before any two justices of the peace of the county, riding, or division, residing in or acting for such hundred or dis trict, an account of the just and necessary expences which he shall have incurred in conse quence of any such action as aforesaid, such justices shall make an order for the payment thereof upon the treasurer of the county, riding, or division' in which such hundred or district shall be situate; and if in any such ac tion judgment shall be given against the plaintiff, the high constable shall in like man ner 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

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Reimbursing the county treasurer.

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order upon the treasurer of the county, riding, or division as aforesaid, for the payment of the amount of such taxed costs; and the jus tices of the peace at the next general or quare ter sessions of the peace to be holden for any such county, riding, or division, or any ad journment thereof, shall direct such sum or sums of money as shall have been paid or or dered to be paid by the treasurer by virtue of any such warrant or order as herein-before 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. te e gablod VIII. And whereas it is expedient to pro vide a summary mode of proceeding where the damage is of small amount; be it therefore enacted, That it shall not be lawful for any person to commence any action against the inhabitants of any hundred or other like dis trict, where the damage alleged to have been 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 Notice in writing of offence, give a notice in writing of his claim

Mode of proceeding in cases where the damage does not exceed 30%,

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

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have been committed; and such high constable shall, within seven days after the re ceipt 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 jus- Special petty session tices of the peace of the county, riding, or di- to be appointed. vision, 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 Notice to be placed in claimant is hereby required to cause a notice church, &c. in writing, in the form in the schedule here, unto annexed, to be placed on the church or chapel door, or other conspicuous part of the parish, township, or place in which such da mage shall have been sustained, on two Sundays preceding the day of holding such petty session.

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IX. And be it enacted, That it shall be Such cases to be lawful for the justices, not being less than two, at a special petty sessettled by the justices at such petty session or any adjournment sions. thereof, to hear and examine upon oath or affirmation the claimant, and any of the inhabitants of the hundred or other like district, and their several witnesses, concerning any

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