such Person or Persons to be transported for the Term of Seven Punishment. Years, or in Mitigation of such Punishment, such Court may award such Sentence as the Law directs in Cases of Larceny.

men.

XXXIII. And be it further enacted, That if any Person or Persons interPersons shall wilfully or maliciously hinder or interrupt the said rupting WorkCommissioners for Victualling His Majesty's Navy, or the said Mayor and Commonalty, or their respective Deputies, Agents, Workmen or Servants, or any of them, in doing or performing any of the Works, or in the Exercise of any of the Powers and Authorities by this Act granted, or shall in any wise cause or procure the same to be done, every Person so offending shall for every such Offence forfeit and pay any Sum not exceeding Ten Penalty 101. Pounds, and also the full Amount of the Damage which shall be sustained by such Hindrance or Interruption, such Damage to be recovered in like Manner as any Penalty or Forfeiture may by virtue of this Act be recovered.

· XXXIV. And Whereas Offences may be committed against this Act by Persons unknown to the said Commissioners for Victualling His Majesty's Navy, and the said Mayor and Commonalty, and their respective Agents, Officers, Servants and Workmen employed in the Execution of this Act;' Be it

therefore enacted, That it shall and may be lawful for the said For securing Commissioners for the Time being, and the said Mayor and Com- transient Ofmonalty, and their Successors, or any of them, or their fenders. respective Agents, Officers or Servants, or any of them, and such Person or Persons as he or they shall call to his or their Assistance, without any Warrant or other Authority than this Act, to seize and detain any Person or Persons unknown to him or them who shall commit any such Offence or Offences, and take him, her or them before any Justice of the Peace for the County or Place where the Offence or Offences shall be committed; and such Justice is hereby empowered, directed and required to proceed to the hearing and determining of the Complaint.

XXXV. Provided always, and be it further enacted, That nothing in this Act contained shall extend or be construed to extend to enable the said Mayor and Commonalty, or their Suc

in

Act not to interfere with the Plymouth

Dock Water
Company.

cessors, or any other Person whomsoever, to divert or turn, or any wise to diminish or interfere with any Spring or Stream of fresh Water running and flowing from any Place whatsoever into the Towns of Devonport, Stoke Damarel or Stonehouse, or any of them, or by or from which the said Towns or either of them, or any of the Parts adjacent, are supplied with Water, under the Provisions of an Act passed in the Thirty third Year 33 G 3. c.85. of the Reign of his late Majesty King George the Third, intituled An Act for supplying the Towns of Plymouth Dock, Stoke Damarel, Stonehouse and the Parts adjacent, in the County of Devon, with Water, or to hurt, injure or prejudice the Company of Proprietors by that Act established, or any other Person or Persons, in the Use, Occupation or Enjoyment of the said Springs or Streams, nor in any wise to interfere in the supplying the said Towns, or either of them, or any Part thereof, with fresh

Company of Proprietors therewith.

XXXVI. Pro

Act not to pre

Lords of

Manors to
Mines, &c.

XXXVI. Provided always, and be it further enacted, That

any

Manor

judice Rights of nothing herein_contained shall extend to prejudice or affect the Right of any Lord or Lords, Lady or Ladies of Manors, or of any Owner or Owners of any Lands or Grounds, in, upon or through which the said Trench or Leat now passes, o in, upon or through the said Water Works, Reservoirs, Aque ducts, Trenches, Watercourses or Feeders shall be constructed or made, to the Mines and Minerals lying and being within a under the said Lands or Grounds, but all such Mines and Minerals are hereby reserved to such Lord or Lords, Lady or Ladies of such Manor or Manors, or to such Owner or Owners of such Lands or Grounds respectively, subject to the Condition and Restrictions herein contained, to work, get, take and carry away to his, her or their own Use, such Mines and Minerals, be, she and they not thereby injuring, prejudicing or obstructing the Channel, Course or free Use of the said Water.

Fines and For

feitures how to

be recovered and applied.

Distress.

If no Distress,
Imprisonment.

Form of Conviction.

XXXVII. And be it further enacted, That all Fines, Penalties and Forfeitures inflicted by this Act, the Manner of levying and Recovery whereof is not particularly herein directed, shall, in case of Nonpayment hereof on Conviction of the Offender or Offenders respectively, be levied by Distress and Sale of the Goods and Chattels of the Offender or Offenders, by Warrant under the Hand and Seal of any Justice of the Peace of the County, City, Borough or Place wherein the Offence shall be com mitted or the Offender shall be or reside: which Warrant such Justice is hereby empowered and required to issue, upon the Confession of the Party or Parties, or upon the Evidence of any credible Witness or Witnesses up Oath (which Oath such Justice is hereby empowered and required to administer); and all Fimes, Forfeitures and Penalties (the Application whereof is not herein particularly directed) shall be paid, one Moiety thereof to the Informer or Party proceeding for the same, and the other Moiety to the said Mayor and Commonalty of the Town of Plymouth, be applied and disposed of for the Use of the said Mayor and Commonalty; and the Overplus of the Money raised by such Distress and Sale, after deducting the Fines, Penalties or For tures, and the Expences of such Distress and Sale, shall b rendered to the Owner of the Goods and Chattels so distrained; and for want of sufficient Distress, and in case the Fine, Penalty or Forfeiture shall not be forthwith paid, it shall be lawful for such Justice, by Warrant under his Hand and Seal, to commit such Offender to the Common Gaol or House of Correction, there to remain without Bail or Mainprize, for any Time not exceeding Six Calendar Months, unless such Fine, Penalty or Forfeiture and all reasonable Charges attending the Recovery thereof, shail be sooner paid and satisfied.

XXXVIII. And be it further enacted, That in all Cases where any Offence shall be committed against the Provisions of this Act. for the committing of which Offence any Fine or Penalty is hereby imposed, it shall and may be lawful for any Justice of the Peace for the County, City, Borough or Place where the Offence shall be committed or where the Offender shall be or reside, and he is hereby required, on Complaint and Application made for that Purpose, to issue a Summons, directing the Party

to him

com.

complained against to appear before him the said Justice, on a Day and at a Place to be therein named, and thereupon on the Day named, to proceed to hear the Matter of Complaint; and upon Proof of the Offence, either by the Confession of the Party or on the Oath or Oaths of One or more credible Witness or Witnesses, to convict the Offender; and in all such Cases the Form of Conviction shall be in the Words or to the Effect following; (that is to say),

T

Year of the Reign of

Day of
Öne of His Ma-
of having

A. B. is convicted before me
jesty's Justices of the Peace for the
[setting forth the Offence] contrary to the Statute in that Case
made and provided; and I the said
do adjudge
him [her or them] to forfeit and pay for the said Offence the
Given under my Hand and Seal the
Day and Year first above mentioned.'

Sum of

XXXIX. And be it further enacted, That if any Person or Appeal. Persons shall think himself, herself or themselves aggrieved by any Order, Judgment or Determination of any Justice or Justices of the Peace, relating to any Matter or Thing in this Act mentioned or contained, then and in every such Case such Person or Persons may appeal to the Justices of the Peace at the next General Quarter Sessions of the Peace to be holden in and for the County, City, Borough or Place in which the Cause of Appeal hall arise; and in case the Matter of such Appeal shall arise vithin the said Borough of Plymouth, then such Person or Persons may appeal to the Justices of the Peace at their next General Quarter Sessions, either for the Borough of Plymouth or the of i County of Devon, at his or their Option, first giving Twenty one Days Notice in Writing of such Appeal to the Person or thePersons appealed against, and of the Nature and Matter thereof; and within Ten Days after giving such Notice, entering into a Recognizance before some Justice of the Peace for the County, City, Borough or Place, with Two sufficient Securities, conPe ditioned to try such Appeal, and to abide the Order and Award of the said Court thereon; and the said Justices at such Sessions, upon due Proof of such Notice having been given, and of such Recognizance having been entered into, shall either hear and determine the said Appeal at such General Quarter Sessions, or if they think proper may adjourn the Hearing thereof to the next General Quarter Sessions of the Peace to be holden for such County, City, Borough or Place, and then shall hear and finally determine the same; and the said Justices may award such Costs to the Parties appealing or appealed against as they the said Justices shall see proper, to be levied by Distress and Sale of the Goods and Chattels of the Person or Persons against whom such Determination shall be given; and the Determination of Final, such Quarter Sessions shall be final and conclusive to all Intents and Purposes.

XL. And be it further enacted, That no Order, Verdict, Proceedings Judgment, Conviction or other Proceeding touching or con- not to be cerning any of the Matters aforesaid, or touching or concerning quashed for

any

want of Form,

or removed by any Offences against this Act, shall be quashed or vacated f want of Form only, or be removed or removable by Certiorari, «

Certiorari.

Distresses not unlawful for want of Form.

Members of Corporation may act as Jus

tices, and Commissioners of

Victualling and

Members of
Corporation,
&c. may be
Witnesses.

Plaintiff not to

Tender of
Amends.

any other Writ or Process whatsoever, into any of His Majesty Courts of Record at Westminster; any Law or Statute to contrary thereof in any wise notwithstanding.

程

XLI. And be it further enacted, That where any Distress sha be made for any Sum of Money to be levied by virtue of th Act, the Distress itself shall not be deemed unlawful, nor the Party or Parties making the same be deemed a Trespasser Trespassers, on account of any Defect or want of Form in the Information, Summons, Conviction, Warrant of Distress or othe Proceeding relating thereto, nor shall the Party or Parties d training be deemed a Trespasser or Trespassers ab initio, account of any Irregularity which shall be afterwards done by the Party or Parties so distraining; but the Person or Persons aggrieved by such Irregularity shall and may recover full Satis faction for the Special Damage in an Action upon the Case.

XLII. And be it further enacted, That no Justice of the Peac of the said Borough of Plymouth shall be deemed disqualified from acting as such in hearing and determining any Informatio or Complaint, touching any Öffence committed under this within his Jurisdiction by reason of such Justice being a Membe of the Corporation of the said Mayor and Commonalty; and th no Person shall be deemed incompetent to give Evidence, or disqualified from giving Testimony or Evidence in any Action Suit, Prosecution or other legal Proceedings to be brought t had in any Court of Law or Equity, or before any Justice Justices of the Peace under or by virtue of this Act, by reason of being a Commissioner for Victualling His Majesty's Navy, or holding any Office under, or being employed by or under the said Commissioners, or by reason of being an Inhabitant of the Town of Plymouth, or a Member of the Corporation of the Mayer and Commonalty of the said Town of Plymouth, or holding any Office under or being employed by or under the said Corpe ation; nor shall such Testimony or Evidence for any of the Reasons aforesaid be rejected or liable to be questioned or

aside.

s

XLIII. Provided always, and be it further enacted, That recover without Plaintiff or Plaintiffs shall recover in any Action to be commenced Notice, or after against any Person or Persons for any Thing done in pursuance of this Act, unless Notice in Writing of such intended Action signed by the Attorney for the Plaintiff or Plaintiffs, specify the Cause of such Action, shall have been given to the Defendant or Defendants, or left at his, her or their last or usual Place of Places of Abode, Fourteen Days before such Action shall be commenced; nor shall the Plaintiff or Plaintiffs recover in such Action, if Tender of sufficient Amends shall have been made to him, her or them, or to his, her or their Attorney, by or on Behalt of the Defendant or Defendants, before such Action brought, and in case no such Tender shall have been made, it shall and may be lawful for the Defendant or Defendants in any such Action, by Leave of the Court where such Action shall depend, any Time before Issue joined, to pay into Court such Sum of Money as he, she or they shall think fit, whereupon such Pro

ceedings.

ceedings, Order and Judgment shall be had, made and given n and by such Court, as in other Actions when the Defendant is allowed to pay Money into Court.

XLIV. And be it further enacted, That if any Action or Suit Limitation of shall be brought or commenced against any Person or Persons for Actions. any Thing done in pursuance of this Act, every such Action or Suit shall be brought or commenced within Six Calendar Months next after the Fact committed, or in case there shall be a Continuation of Damage, then within Six Calendar Months next after the doing or committing such Damage shall have ceased, and not afterwards, and shall be laid or brought in the County or Place where the Matter in Dispute or Cause of Action shall arise, and not elsewhere; and the Defendant or Defendants in such Action

r Suit shall and may plead the General Issue, and give this Act General Issue. and the Special Matter in Evidence at any Trial to be had therePapon, and that the same was done in pursuance and by the Authority of this Act; and if it shall appear to have been so done, or if any such Action or Suit shall have been brought before the Expiration of Fourteen Days next after such Notice shall have been given as aforesaid, or after sufficient Satisfaction made or tendered as aforesaid, or after the Time so limited for bringing the same, or shall be brought in any other County or Place than as aforesaid, then and in every such Case the Jury shall find for the Defendant or Defendants; or if the Plaintiff or Plaintiffs shall become Nonsuit, or suffer a Discontinuance of is, her or their Action or Suit after the Defendant or Defendtoints shall have appeared, or if a Verdict shall pass against the Plaintiff or Plaintiffs, or if, upon Demurrer or otherwise, Judgsment shall be given against the Plaintiff or Plaintiffs, the Defendant or Defendants shall have Double Costs, and shall have Double Costs. such Remedy for the same as any Defendant hath for Costs of

Suit in other Cases of Law.

XLV. And be it further enacted, That this Act shall be deemed Public Act. and taken to be a Public Act; and shall be judicially taken Notice of as such by all Judges, Justices and others, without being specially pleaded.

CAP. L.

An Act for amending an Act passed in the Fifty third Year of the Reign of His late Majesty King George the Third, intituled An Act to alter and amend Two Acts of the Thirty first Year of the Reign of King George the Second, and the Thirteenth Year of His present Majesty, so far as relates to the Price and Assize of Bread to be sold out of the City of London and the Liberties thereof, and beyond the Weekly Bills of Mortality, and Ten Miles of the Royal Exchange.

[3d June 1824.]

WHEREAS an Act was passed in the Fifty third Year of 53 G.3. c.116. .'intituled An Act to alter and amend Two Acts of the Thirty first the Reign of His late Majesty King George the Third, Year of King George the Second, and the Thirteenth Year of

C

His present Majesty,

so far as relates to the Price and Assize