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such offence, and the damage sustained thereby; and thereupon the said justices, or the that claimant has sustained any damage by means of any such offence, shall make an order for payment of the amount of such damage to him, together with his reasonable costs and charges, and also an order for payment of the costs and charges (if any) of the high constable or inhabitants, and shall direct such order or orders to the treasurer of the county, riding, or division in which such hundred or district shall be situate, who shall pay the same to the party or parties therein named, and shall be reimbursed for the same in the manner herein-before directed.

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X. And be it enacted, That if any high constable shall refuse or neglect to exhibit or give notice as is required in any of the cases aforesaid, it shall be lawful for the party damnified to sue h for the amount of the damage sustained, such amount to be recovered by an action on the case, together with full costs of suit.

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XI. And be it enacted, That every action or summary claim to recover Compensation for the damage caused to any church or chapel by any of the offences in this Act mentioned, shall be brought in the name of the rector, vicar, or curate of such church or chapel, or in case there be no rector, vicar, or curate, then in the names of the church or chapelwardens, if there be any such, and if not, in the name or names of any one or more of the persons in whom the property of such chapel may be vested; and the amount recovered in any such case shall be applied in the rebuilding or

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repairing such church or chapel; and where In case of damage to any of the offences in this Act mentioned property belonging to a corporation. shall be committed on any property belong, ing to a body corporate, such body may recover compensation against the hundred or other like district, in the same manner, and subject to the same conditions as any person damnified is by this Act enabled to do: Provided always, That the several conditions which are herein-before required to be performed by or on behalf of any person damnified, may, in the case of a body corporate, be performed by any officer of such body on behalf thereof,

XIÍ. And whereas the offences for which Where the damage is compensation is granted by virtue of this Act committed in any county of a city, &c., may be committed in counties of cities and or in any liberty, &c., towns, or in such liberties, franchises, cities, which is not within any hundred, or does towns, and places, as either do not contribute not contribute to the at all to the payment of any county rate, or county rate, such contribute thereto, but not as being part of shall be liable like the any hundred or other like, district; and it is hundred. expedient to provide for all such cases; be it therefore enacted, That where any of the offences in this Act mentioned shall be committed in a county of a city or town, or in any such liberty, franchise, city, town, or place, the inhabitants thereof shall be liable to yield compensation in the same manner, and under the same conditions and restrictions in all respects, as the inhabitants of the hundred; and every thing in this Act in anywise relating to a hundred, or to the inhabitants thereof, shall equally apply to every county of a city or town, and to every such liberty, franchise, city, town, and place, and to the inhabitants. thereof; and where the justices of the peace of the county, riding, or division are excluded

Provision for executing writs in certain places.

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from holding jurisdiction in any such liberty, franchise, city, town, or place, in every such case all the powers, authorities, and duties by this Act given to or imposed on such justices, shall be exercised and performed by the justices of the peace of the liberty, franchise, city, town, or place in which the offence shall be committed; and where the offence shall be committed in a county of a city or town, all the like powers, authorities, and duties shall be exercised and performed by the justices of the peace of such county of a city or town; and in every action to be brought or summary claim to be preferred under this Act against the inhabitants of a county of a city or town, or of any such liberty, franchise, city, town, or place, the process for appearance in the action, and the notice required in the case of the claim, shall be served upon some one peace officer of such county, liberty, franchise, city, town, or place; and all matters which by this Act the high constable of a hundred is authorized or required to do in either of such cases, shall be done by the peace officer so served, who shall have the same powers, rights, and remedies as such, high constable has by virtue of this Act, and shall be subject to the same liabilities; and 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 or claim; but if he should die before such termination, his successor shall act in his stead.

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XIII. And, for securing the due execution of writs in the Cinque Ports, and in places. where writs are directed to other officers than

the sheriff, and in liberties where the sheriff is hot warranted in executing writs; be it enacted, That all other such officers to whom any writ of execution under this Act shall be directed, by whatsoever name they shall be known, shall have the same power of granting a warrant for payment of the sum by such writ directed to be levied as is hereby given to the sheriff in case of a writ of execution directed to him; and that every sheriff and other such officer as aforesaid shall have authority to grant his Sheriff to grant warwarrant under this Act, notwithstanding the rant notwithstanding offence shall have been committed in, or the liberty. treasurer or other person to whom such warrant shall be directed shall reside or be in, any liberty where the sheriff or officer is not warranted in executing writs.

offence committed in

Mode of reimburse

ment in liberties,

within any hundred,

the county rate.

XIV. And as to the mode of payment and reimbursement under this Act in such liberties, cities, and towns not franchises, cities, towns, and places as contribute to the payment of the county rate, but but contributing to not as being part of any hundred, be it enacted, That the warrant of the sheriff or other officer upon any writ of execution against the inhabitants of any such liberty, franchise, city, town, or place, and every order of justices for payment to the party damnified therein, or to the peace officer or inhabitants thereof, by virtue of this Act, shall be directed to the treasurer of the county, riding, or division in which such liberty, franchise, city, town, or place shall be situate, who is hereby required to pay the same; and the justices of the peace of such county, riding, or division, at their next general or quarter sessions of the peace, or any adjournment thereof, shall direct such

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Mode of reimburse

ment in counties of cities, and towns not contributing to any

county rate.

sum or sums of money as shall have been so paid or ordered to be paid by the treasurer to be raised on such liberty, franchise, city, town, or place, over and above the general rate to be paid by the same 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.

XV. And as to the mode of payment and reimbursement under this Act in counties of cities and towns, and in such liberties, franchises, cities, towns, and places as do not contribute to the payment of the general county rate; be it enacted, That all sums of money payable either by virtue of any warrant of the sheriff or other officer, or of any order or orders arising out of any action or summary claim against the inhabitants of any county of a city or town, or of any such liberty, franchise, city, town, or place, shall be paid out of the rate (if any) in the nature of a county rate, or out of any fund applicable to similar purposes, where there is such a rate or fund therein, by the treasurer or other officer hav ing the collection or disbursement of such rate or fund; and where there is no such rate or fund in such county, liberty, franchise, city, town, or place, the same shall be paid out of the rate or fund for the relief of the poor of the particular parish, township, district, or precinct therein, where the offence was com mitted, by the overseers or other officers hav ing the collection or disbursement of such last-mentioned rate or fund; and in every

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