41 Geo. III. c. 30.

in the

"trators, and assigns, subject to such right of redemption of the same sum and interest as by the said act the same is liable or made subject Dated this

to. year

day of

LXXIX. Provided always, and be it further enacted, That every grant, Mortgages may assignment, or mortgage which shall be made by virtue of this act, for any be redeemed by sum of money which shall be borrowed by the said commissioners on the Commissioners. credit of the said rates or assessments as hereinbefore is mentioned, shall be made liable or subject to, and may be redeemed by the said commissioners, at such times and in such manner as the said commissioners shall think fit, six calendar months previous notice having been given to the person or persons entitled to such sum lent on the credit of such rates or assessments, by the said commissioners, of their intention of redeeming the same, and full payment of the principal sum so borrowed, and interest, after the rate at which the same shall be so borrowed, being made to such person or persons; and he, she, or they may and are authorized to call for the payment thereof as he, she, or they shall think fit, giving the like notice to the said commissioners or their clerk.

LXXX. And be it further enacted, That in case the interest for the said mortgages, or any part thereof, shall be behind and unpaid by the space of thirty days next after the same shall become due, and be payable as aforesaid, and have been demanded, then it shall and may be lawful for the said commissioners, and they are hereby required, on application to them made by any creditor or creditors whose interest shall be so in arrear, by an order under their hands and seals to appoint one or more person or persons to receive the whole or any part or parts of the said rates or assessments, and that the money so to be received by such person or persons, shall be so received to and for the use and benefit of the person or persons to whom such interest in arrear shall be due, and shall be paid to him, her, or them accordingly; and when the interest so in arrear, as well as the interest which shall accrue and grow due whilst the person or persons so to be appointed as aforesaid shall be in the receipt of such rates and assessments, together with the costs and charges of recovering, receiving, and paying over the same in manner aforesaid, shall be fully satisfied and paid, the power and authority of such receiver or receivers for the purposes aforesaid shall cease and be at an end; or otherwise, if such creditor shall think proper, such interest so due and in arrear as aforesaid, shall and may be sued for and recovered by him, her, or them, with costs of suit, by an action of debt, or on the case, in any of his Majesty's courts of record at Westminster.

LXXXI. And whereas it may happen that there may from time to time be in the hands of the treasurer for the time being to the commissioners, a sum or sums of money, or balance unapplied or undisposed of for the pur poses of this act, which may be insufficient to make any considerable or general reduction of the rates or assessments to be made in pursuance hereof, or which it may be convenient or advisable not to apply in the reduc. tion thereof: Be it therefore further enacted, That it shall be lawful for the said commissioners, if they shall think fit, to order such sum or sums of money or balance to be from time to time placed out or invested in the names of the said commissioners, or any eight or more of them, in the purchase of stock in any of the public stocks or funds, or in government securities, the interest or dividends of which shall be from time to time applied as the same shall become payable, in the same manner as the monies to be received by the rates and assessments to be made as herein before mentioned are hereby directed to be applied; and the said commissioners are hereby fully authorised and empowered to order, direct, and cause such stock or securities so to be purchased, to be from time to time altered, transferred, varied, or sold, and the produce thereof again invested and placed in the like manner, or in the redemption of any grants or mortgages for sums of money lent on the credit of the said rates or assessments as aforesaid, or in the general reductions of such rates or assessments, or for any other purposes for which the said rates or assessments are hereby directed to be raised and levied, as to the commissioners shall seem ex. pedient or proper; and such stocks and securities, and the interest and dividends, shall be charged with and liable to the payment of the monies

Interest of Mortgages how to be

recovered.

Commissioners

may order Money in the Hands of

the Treasurer, undisposed of, to be laid out in the Purchase of Stock.

41, Geo. II. c. 80.

Clerk to enter all
Securities for

to be borrowed on the credit of the said rates or assessments as aforesaid, in the same manner as is bereinbefore directed concerning such rates or assessments, and the commissioners, in whose names such stocks or securities shall have been purchased or invested, are hereby required, on ten days notice being given to them for that purpose, to alter, transfer, vary, sell, or dispose of the same in such manner and for such purposes as shall be re» quired or directed in writing by the said commissioners, and if any such commissioners, in whose name any such stocks or securities shall have been purchased or invested, shall refuse or neglect so to do for the space of ten days after being thereunto required as aforesaid, the books of the governor and company of the bank of England, or other books in which such pur chase or investment shall have been made or entered, being then open for the purpose of making transfers or sales thereof, then every such commis sioner shall for every such offence forfeit and pay any sum not exceeding twenty pounds, to be recovered and levied in like manner as other penalties and forfeitures are by this act directed to be recovered and levied.

LXXXII. And be it further enacted, That the clerk for the time being to the said commissioners shall enter in a book, to be for that purpose proMoney borrowed. vided and kept, copies of all securities for money borrowed on mortgage by virtue or in pursuance of this act, and extracts or memorials of all assigni ments or transfers thereof, expressing in words at length the names, surnames, additions, places of abode, and other descriptions of all such persons as shall from time to time be entitled to such securities by mortgage, and also an account of all such stocks or securities which shall be purchased by or by the order of the commissioners, and in whose names the same shall have been so purchased, and of every transfer, alteration, sale, or other disposition thereof, to which book and books the person and persons interested shall at all seasonable times have access, with free liberty to inspect the same without fee or reward; and for the entry of every such transfer of the grant or assignment of the said rates or assessments, the said clerk shall be paid, by the person to whom such transfer shall be made, the sum of two shillings and sixpence and no more; and after every such entry made of any such transfer, every such transfer so entered, shall entitle the person to whom the same shall be made, and his, her, or their executor, administrator, or assign, to the benefit of the security thereby transferred.

Application of the Money received, and the

Treasurer to pay

the same as the Commissioners direct.

For Recovery and Application of Costs, Penalties, and Forfeitures.

LXXXIII. And be it further enacted, That the monies to be received by virtue of this act, shall be from time to time applied and disposed of for the several purposes of this act (except as herein before is mentioned) or in such other manner as the commissioners, shall direct, and the treasurer for the time being to the said commissioners shall and is hereby authorized and required to pay and apply all such monies as he or they shall respectively receive by virtue hereof, to such person or persons and in such manner, and at such time and times as the said commissioners shall from time to time, by any order or orders under their hands, direct and appoint; and the said commissioners are hereby empowered to make such order or orders accordingly.

LXXXIV. And be it further enacted, That all penalties and forfeitures by this act to be incurred or imposed, the manner of levying and recovering whereof is not herein otherwise directed, and all costs, charges, and ex pences allowed, ordered, or directed to be paid by the authority of this act, or of any rules, orders, or by-laws made or to be made in pursuance thereof, shall from time to time be levied, recovered, or ascertained, and settled as follows; that is to say, all such costs, penalties, and forfeitures, in case the same is or are not paid by the person or persons incurring the same, to the said commissioners, or their said treasurer or clerk, on demand, or on notice thereof in writing, signed by the said commissioners, or their said treasurer or clerk, being given to him, her, or them, or left at his, her, or their last or usual place or places of residence or abode, shall or may be levied and recovered by distress and sale of the goods and chattels of the person or persons offending, or directed to pay the same, warrant under the hands and seals of any two justices of the peace acting in and for the riding, division, liberty, town, or place where such offender or other person shall be and reside, or where his or her goods and chattels shall be found, which warrant such justices of the peace are hereby authorized and required to grant and issue, upon the confession of the party offending, or upon the

41 Geo. III.

c. 30.

information of one or more credible witness or witnesses upon oath (or affirmation being a quaker;) and in case sufficient distress shall not be found, and such costs, charges, and expences, or any of them, shall not be paid on demand, it shall be lawful for such justices, and they are hereby authorized and required, by warrant under their hands and seals, to commit such person or persons to the common gaol or house of correction in and for the said county of York, or of the city, county, riding, division, liberty, town or place where such offender shall be or reside, as the case may be, or such person or persons may be committed to the place which shall be pro vided for persons offending against this act in manner herein before mentioned, there to remain, without bail or main prize, for any time not exceeding two calendar months nor less than one calendar month, unless such costs, charges, and expences shall be sooner paid and satisfied; and in all cases of distress and sale as aforesaid, the overplus (if any) of the monies to arise thereby, after deducting the costs and charges attending the recovery of such penalties, forfeitures, and costs, and all other expences incident thereto, shall be paid, upon demand, to the party or parties whose goods and chattels shall have been so distressed and sold as aforesaid. LXXXV. And be it further enacted, That the respective penalties, forfeitures, and costs, when recovered by this act, shall be paid to the treasurer for the time being, to the said commissioners, or to such other person, or persons as the said commissioners shall think proper and direct, and shall be applied and disposed of for the purposes of this act, and to and for no other use or purpose whatsoever. LXXXVI. Provided always, and be it further enacted, That it shall be For rewarding lawful for the said commissioners from time to time, if they shall see cause, Informers. to pay and apply such part of the said penalties and forfeitures hereby made payable, or any of them, as they shall think proper, not exceeding one moiety thereof respectively, to and for the use of the informer or informers of any offence or offences against this act; any thing herein contained to the contrary notwithstanding.

LXXXVII. And be it further enacted and declared, That all notices and summonses which are directed or required to be given by this act, or which are or may be directed and required to be given by any rules, orders, or by-laws made or to be made in pursuance of this act, or which shall or may be necessary for carrying into execution any of the powers of the same, or any of such rules, orders, or by-laws, of which the manner of serving the same is not particularly directed by this act, the service of any such notice or summons, either on the pefson to whom the same ought to be given, or leaving the same, or a true copy thereof, signed by the clerk for the time being to the commissioners, at his or their dwelling-house, or usual or last place of abode, shall be good and sufficient service of any such notice or summons; and that in all cases whatsoever where any such notice or summons ought to be given to two or more persons for or respecting any offence or offences against this act, or the joint act, omission, offence, or default of any persons who shall be in partnership or jointly concerned in such act, omission, offence, or default, the like service of any such notice or summons on any one of such partners or persons, shall be a good and sufficient service thereof.

Directing the
Application of
Penalties, For-
feitures, and
Costs.

Directing the

Manner of serv ing Notices.

LXXXVIII. Provided always, and be it further enacted, That no person Proceedings to or persons shall be subject or liable to the payment of any of the penalties be within Six or forfeitures inflicted by virtue of this act, for any offence or offences. Months. against this act, or against any rule, order, or by-law to be made in pur. suance thereof, unless some proceedings, or notice of some intended proceedings, shall be had or given, according to the direction of this act, or of such rule, order, or by-law respecting such offence or offences, within six calendar months next after such offence committed.

LXXXIX. And be it further enacted, That if any action or actions shall be brought by order of the said commissioners against any person or persons, for any thing relating to this act, or the powers herein contained, and a verdict shall be had and given against the person or persons against whom such action or actions shall be brought, such person or persons shall pay double costs; and the plaintiff or plaintiffs in such action or actions shall have such remedy and remedies for recovering the same, as any plaintiff or plaintiffs may have for his, her, or their costs in any other case by law.

G g

In Cases of Verdict in favour,

Persons convicted to pay Double Costs.

17 2261) XC. And it is hereby further enacted, That in all actions, prosecutions informations, and causes of proceedings whatsoever, relating to or concern ing the execution of this act, or of any rule, order, or by-law made in purs suance thereof, any inhabitant of the said parish of Sculcoates shall and mayo be admitted to give evidence, notwithstanding his or her being such ins habitant.

Distress not to be deemed unlawful for Want of form.

XCI. And be it further enacted, That if any person or persons shall be summoned as a witness or witnesses to give evidence before the said comi missioners, or any justice or justices of the peace in and for any county,} riding, district, liberty, division, or place whatsoever, touching any matter of fact contained in any information or complaint for any offence against this act, or against any rule, order, or by-law made in pursuance thereof, whether on the part of the prosecutors or of the person or persons comi plained of, and which summons the said commissioners and such justices as aforesaid are hereby authorised to issue, where and in such cases only as such commissioners, or such justice or justices as aforesaid, as the case may be, are made competent by this act to hear and determine the same; or if any person or persons shall be summoned as a witness or witnesses to give evidence at any general quarter sessions of the peace for the said East Riding of the county of York, or adjournment thereof upon any appeal by virtue of this act, as hereinafter is mentioned, whether upon the part of the appellant or of the respondent, and any such person or persons so summoned as afore. said, shall refuse or neglect to appear at the time and place to be for that purs pose appointed, with a reasonable excuse for such his, her, or their refusal or neglect, to be approved of by such justice or justices, commissioners, or other person or persons hereby authorized to receive such evidence, or appearing shall refuse to be examined on oath (or on solemn affirmation being a quaker) and to give evidence before such justice or justices of the peace or commissioners as aforesaid, or at any such sessions or adjournment there. of, then and in either of the said cases every such person shall forfeit for every such offence any sum not exceeding forty shillings.

XCII. And be it further enacted by the authority aforesaid, That any person or persons, who shall be convicted of wilfully taking a false oath in any of the cases in which an oath is by this act directed or required to be taken, shall be liable to the pains and penalties to which persons are liable for wilful and corrupt perjury.

XCIII. And, for the more easy conviction of offenders against this act, Be it further enacted, That every justice of the peace before whom any person or persons shall be convicted of any offence against this act, or against any rule, order, or by-law, to be made in virtue or pursuance there. of, and over which such justice or justices has or have conusance, shall and may cause the conviction to be drawn up in the form of words, or to the effect following; (that is to say)

East Riding of the "Be it remembered, That on the
County of York,
to wit.

}

"of

in the Majesty King eight hundred and

day

year of the reign of his one thousand is [or are] convicted before me [or us, as the case shall be] one [or two, as the case shall "be] of his Majesty's justices of the peace for the said East Riding of the county of York, by virtue of an act, passed in "the forty-first year of the reign of his Majesty King George "the Third, intituled [here insert the title of this act] of

"

[specifying the offence, and the time and place "when and where the same was committed, as the case shall be] "contrary to a certain by-law made on the

of

day

one thousand eight hundred and
pursuant to the said act, for which offence I [or we,

"as the case shall be] adjudge the said come
"to have forfeited the sum of mello

[but if mitigated,

"which I, or we, as the case shall be, mitigate to the sum of {
] Given under my hand and seal for our, as the case
"shall be, hands and seals] the day and year first above
shp to the 76aeb ons sintaisia 10

"written."
LCIV. And be it further enacted, That when any distress shall be made

for any suni or sums of money to be levied by virtue of this act, the distress

Class VI.] Improvement of Sculcoates. Limitation of Actions,

2.10

itself shall not be deemed unlawful, nor the party or parties making the same be deemed a trespasser or trespassers on account of any defect or want of form in the summons, conviction, warrant, or distress, or other proceedings relating thereto, nor shall the party or parties distraining be deemed a trespasser or trespassers, ab initio, on account of any irregularity which shall be afterwards done or committed by the party or parties s distraining; but the person or persons aggrieved by such irregularity, shall and may recover full satisfaction for the special damage in an action upon the case; but no plaintiff or plaintiffs shall recover in any action for any such irregularity or other proceedings, unless notice in writing shall be given to the clerk for the time being to the said commissioners twenty-one days before such action shall be brought or commenced, of such intended action for such irregularity, by the attorney for the plaintiff or plaintiffs, specifying the cause of action; nor shall the plaintiff or plaintiffs recover in such action, if tender of sufficient amends shall be made by or on the behalf of the party or parties who shall have committed or caused to be committed any such irregularity or wrongful proceeding before such action brought; and in case no such tender shall have been made, it shall be lawful for the defendant or defendants in any such action, by leave of the court where such action shall depend, at any time before issue joined, to pay into such court such sum of money as he, she, or they shall see fit, whereupon such proceedings, or orders and judgments shall be had, made, and given in and by such court, as in other actions where the defendant is allowed to pay money into court. XCV. And be it further enacted, That no proceedings to be had and taken in pursuance of tl.is act, shall be made void, quashed, or vacated for want of form, or be removed by certiorari, or any other writ or process whatsoever, into any of his Majesty's courts of Record at Westminster or elsewhere; any law or statute to the contrary notwithstanding,

XCVI. And be it further enacted, That no action, suit, or information, shall be commenced against any person or persons for any thing done or to be done in pursuance of this act, or of the orders and directions hereinbefore given and granted, or in execution of the powers and authorities hereof, until twenty-one days notice thereof shall be first given in writing to the clerk to the commissioners for the time being, signed by the intended plaintiff or plaintiffs, of the cause and intention of and for commencing such action or suit, and the time when such action or suit will be commenced, nor at any time whatsoever, after sufficient satisfaction or tender thereof shall have been made to the party or parties aggrieved, nor after six calendar months next after the fact committed for which such action or actions, suit or suits, shall be so brought; and in case there shall be a continuation of damages, then not after six calendar mouths next after the doing or commencing such damage shall cease, aud not otherwise; and all such actions and suits shall be laid and tried in the county of York, and not in any other county or place; and that the defendant or defendants in every such action or suit may plead the general issue, and give this act and the special matter in evidence, at any trial or trials which shall be had thereupon, and that the matter or thing for which such action or actions, suit or suits shall be so brought, was done in pursuance and by the authority of this act, or of some rule, order, or by-law made in pursuance thereof; and if the said matter or thing shall appear to have been so done, or if it shall happen that such action or suit was brought before twenty-one days notice sthereof given as aforesaid, or that sufficient satisfaction was made or ten[dered as aforesaid, or if any such action or suit shall not be commenced within the time herein before for that purpose limited, or shall be laid or brought in any other county or place than as aforesaid, then the jury shall find for the defendant or defendants therein; and also if the plaintiff or plaintiffs shall become nonsuited, or suffer a discontinuance of such action Sor actions or judgment, after the defendant or defendants shall have appeared thereto, or if judgment shall be given for the defendant or defendants therein, or if any verdict shall pass upon the plaintiff or plaintiffs, or if upon demurrer or otherwise judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall have treble costs, and shall > have such remedy for recovering the same as any defendant or defendants hath or may have for his, her, or their costs, in any other cases by law.

235