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such offence, and the damage sustained there by; and thereupon the said justices, or the major part of them, if they shall find that the claimant has sustained any damage by means
of any such offence, 'shall make an order for Justices may make payment of the amount of such damage to him, order for payment of together with his reasonable costs and charges, damage and costs. 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. Conte " ;
late Penalty on high con- -*X. And be it enacted, That if any high stable for neglect.
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 dam
nified to sue him for the amount of the da. 109. - mage sustained, such amount to be recovered se by an action on the case, together with full costs of suit. Orri f***?
221120 Proceeding in case of " XI. And be it enacted, That every action or damage to a church summary claim to recover compensation for or chapel.
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 tector, 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
neglect connected, same in amer
repairing such church or chapel; and where In case of damage to any of the offences in this Act mentioned property belonging to
La corporation. shall be committed on any property belong, ing to a body corporafe, 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 to frigioniki damnified is by this Act enabled to do: Pro- ou bonito you vided 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,
XII. 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
county, liberty, &c., 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
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.
R o ot XIII. And, for securing the due execution of writs in the Cinque Ports, and in places where writs are directed to other officers than
Frovision for executing writs in certain places.
1093 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 1Acts 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. eto has Mode of reimburse-XV. And as to the mode of payment and ment in counties of reimbursement under this Act in counties of cities, and in liberties, cities, and towns not cities and towns, and in such liberties, francontributing to any chises, cities, towns, and places as do not concounty rate.
tribute 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 haying 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 haver ing the collection or disbursement of such last-mentioned rate or fund; and in every
2 97 10 3030 bress