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* III. Provided always, and be it enacted, Party damnified to That no action or summary proceeding, as conditions.
mmary proceedinc o 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 come actions. mence the same within three calendar months after the commission of the offence. .
IV. And be it enacted, That no process for Process in the action appearance in any action to be brought by against the hundred
to be served on the virtue of this Act against any hundred or other high constable, who like district shall be served on any inhabitant may defend, or let
judgment go by dethereof, except on the high constable or some fau one of the high constables (if there be more than one), who shall within seven days after snch 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 law. ful 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 standing expiration of
served, shall, notwithstanding the expiration of his office, continue to act for all the purposes of this Act until the termination of all pro. ceedings in and consequent upon such action; but if such person shall die before such termi nation, the succeeding high constable shall
act in his stead. Inhabitants of the V. And be it enacted, That in any action hundred competent
to be brought by virtue of this Act against the witnesses.
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, franchise, 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 giving evidence either for the plaintiff or for the
defendants. ;. If plaintiff recovers, VI. And be it enacted, the sheriff, on receipt plaintiff in any such action shall recover judgof the writ of execu- p tion, shall make out a ment, whether after verdict or by default or warrant directing the otherwise, no writ of execution shall be exetreasurer of the county to pay the amount. 'cuted 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 distriet 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 réquired 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 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. " it » VII. And, for the purpose of indemnifying Mode of reimbursing the high constable and the county treasurer, the high constable for
A his expences in debe it enacted, That if such high constable of fending the action, the 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 disa trict, an account of the just and necessary expences which he shall have incurred in consequence 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 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 the payment of Reimbursing the the amount of such taxed costs; and the juscounty treasurer, 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 ori , v isigo
sums of money as shall have been paid or or18 do
dered to be paid by the treasurer by virtue of any such warrant or order asi 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, sho over and above the general rate to be paid by hid si 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 die rected by those Acts, and shall be forthwith
paid over to the treasurer. tom iblos. Mode of proceeding VIII. And whereas it is expedient to proin cases where the vide a summary mode of proceeding where damage does not exceed 301.
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 dise 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 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 con stable 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 in hundred or district, and they shall thereupono sempre sobre 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 appoint- out me ment, give notice in writing to the claimant, 23 au avu 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
939903709 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
10 927 nigno chapel door, or other conspicuous part of the litt ombyesh parish, township, or place in which such da
STO mage shall have been sustained, on two Sundays preceding the day of holding such petty session.
Sidorong OTTOS IX. And be it enacted, That it shall be Such cases to be lawful for the justices, not being less than two, a
not being less than two settled by the justices at such petty session or any adjournment şions. 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