reign of his present Majesty, intituled, 'An Act for the better care and maintenance of lunatics, being paupers or criminals in England;"'" and in another act passed in the fifty-ninth year of the reign of his said late Majesty, intituled "An Act for making provision for the better care of pauper lunatics in England;" (except so far as the same do or shall authorize or require the erection of any new asylum for the reception of lunatics,) shall extend and be deemed and construed to extend, to the said town of Kingston-upon-Hull, and county of the same town, as though the said town and county thereof had been expressly named and included in the said several acts; and that the workhouse belonging to the said corporation shall for ever thereafter be and be deemed and taken to be an asylum for the reception of such lunatics, to all intents and purposes, as though the same had been erected and established as a lunatic asylum for the said town and county thereof under and by virtue of the said several acts, and shall be subject to the provisions, regulations and directions contained in the said acts, and made conformable thereto. CIX. And be it further enacted, That no spirituous liquors shall be conveyed into any such workhouse without the permission of the said corporation, or by the order of the apothecary or other medical man appointed to attend such workhouse; and every person who shall so offend, and be convicted thereof before one or more justice or justices of the peace of and for the said town and county thereof, shall forfeit and pay any sum not exceeding five pounds, one moiety of which penalty shall be paid to the informer or informers, and the other moiety to the said corporation, to be applied to the purposes of this act. 5 CX. And be it further enacted, That all and every treasurer or treasurers, officer or officers, and other person or persons who shall be appointed or continued by virtue of this act or the said recited acts, and also all and every other person and persons to whom the collection and receipt of the rates hereby authorized to be made shall under the provisions herein contained, belong, or to whom any monies shall be issued or paid by on on account of the said corporation hereby constituted, for the purposes of the said corporation or of this act, shall from time to time whenever thereunto required by the governor or deputy governor for the time being of the said corporation, or by order of any court or assembly, respectively make out and deliver to the said governor or deputy governor, or the clerk or clerks of the said corporation, a true and perfect account in writing under his or their hand or hands, of all monies which shall have been by him or them had collected or received, for or on account or for the use of the said corporation, or for the purposes of this act, and how and to whom and for what purpose the same and every part thereof hath been disposed of, together with the vouchers and receipts for all such payments, disbursements and dispositions which shall have been or shall be alleged to have been made thereof: and every such treasurer, collector, officer and person respectively shall and is hereby required to pay to the said governor, deputy governor, or such other person as the said corporation shall at any general court or assembly appoint to receive the same, all such monies as upon the balance of such account shall appear to be owing from him or them on account of the monies ordered to be raised for the purposes of this act, or the said recited acts, to the said corporation; and if any such treasurer, officer or person shall refuse or neglect to render and deliver such account as aforesaid, or to produce and deliver up the vouchers and receipts relating to the same, or to pay the balance thereof when thereunto required, or shall neglect or refuse to deliver to the said governor or deputy governor, or to such person or persons as the said corporation shall in manner aforesaid appoint, within ten days after being thereunto required by the said governor or deputy governor, or by any order of a general court or assembly, all books, papers and writings in his or their custody or power belonging to the said corporation, relating to the execution of this act, then and in every such case, complaint being made by the said governor or deputy governor, or by any other person or persons on the behalf of the said corporation, to any two justices of the peace for the county, riding, city, town or place where such treasurer, officer or person so neglecting or refusing shall live or reside, or carry on trade or business, such justices are hereby authorized and required, by warrant under their hands and seals, to cause such 5 Geo. IV. c. 13. In case of the Death of Officers, the Executors to deliver up Books, and pay Balances. Removal, Pro. secution or Conviction of any Officer, not to discharge Securities. Inhabitants not to be deemed incompetent Witnesses. treasurer, officer or person to be brought before them, or any other two CXI. And be it further enacted, That if any treasurer, collector, officer or other person appointed, employed or authorized to receive, collect or recover any of the rates or sums of money hereby authorized to be raised, any or either of them shall die before the expiration of his office, or before he shall have fully accounted for, paid and satisfied all the monies by him received, then and in every such case his executors or administrators, or other legal representative or representatives, shall within twenty-one days after his decease deliver over all things concerning his office, to such person or persons as the governor or deputy governor for the time being, or the said corporation, at any general court or assembly respectively, shall direct or appoint to receive the same. CXII. And be it further enacted, That neither the removal, prosecution or commitment of any treasurer, collector or officer appointed by virtue of this act, or any proceedings against his or their executors or administrators, shall acquit or discharge any security or surety that shall or may have been taken by or given to the said corporation for the due and faithful execution of the office of such treasurer, collector or other officer, or the payment of the money to be received by him as aforesaid; but such security or surety shall be discharged when the terms or conditions of such security shall have been fulfilled or satisfied. CXIII. And be it further enacted, That in all actions, prosecutions, informations, causes, appeals and proceedings whatsoever, relating to or concerning any rate to be made by virtue of this act, or in anywise relating to the settlement, relief or maintenance of the poor of the said town of Kingston-upon-Hull, or under the care of the said corporation, or in any manner relating to or concerning the execution of this act or the said recited acts, no inhabitant of the said town or precinct, nor any overseer for any of the said wards, nor any assistant overseer, shall be deemed incompetent to give evidence by reason of his or her being rated or assessed by virtue of this act or the said recited acts, or by reason of his holding such office as aforesaid; any law, custom or usage to the contrary notwithstanding. CXIV. And be it further enacted, That where any distress shall be made for any sum or sums of money to be levied by virtue of this act, the distress 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 any proceedings relating thereto, nor shall the party or parties be deemed a trespasser or trespassers, ab initio, on account of any irregu larity which shall be afterwards committed or done by the party or parties distraining, but the person or persons aggrieved by such irregularity may recover full satisfaction for the special damage in an action upon the case, but subject to such regulations and restrictions as are by this act hereinafter provided, touching any action to be brought for or in respect of any matter or thing done by colour or in performance of this act. CXV. And be it further enacted, That all fines, penalties, forfeitures and sums of money, inflicted, imposed or recoverable by or in pursuance of this act or the said recited acts, or any or either of them, and which shall have been incurred and remain unpaid at the time of the commencement of this act, or by any by-law, rule, order or regulation made in pursuance of the said recited acts, or any or either of them, or of this act (the manner of levying or recovering whereof is not otherwise hereinbefore particularly provided for,) may in case of nonpayment thereof be recovered in a summary way, by order and adjudication of two or more justices of the peace of and for the said town and county thereof, on complaint to them for that purpose made and such justices, or any two other justices of and for the said town and county thereof, are hereby authorized and required to summon the party or parties against whom such complaint shall be made, by notice in writing given to him, her or them, or left at his, her or their usual or last place or places of abode, and to summon and examine any witness or witnesses upon oath, or affirmation, in case such witness or witnesses shall be of the people called quakers, of and concerning such offences, matters and things, and to hear and determine the same, and to award costs in their discretion to the parties complaining, or complained against; and such fines, penalties, forfeitures, costs and sums of money shall and may afterwards be levied on nonpayment, as well as the costs of such proceedings, by distress and sale of the goods and chattels of the offender, or respective offenders, or person or persons liable to pay the same, by warrant under the hands and seals of any two such justices, and the overplus (if any) of the money so levied or recovered, after discharging the fine, penalty or forfeiture for which such warrant shall be issued, and the costs and expences of recovering and levying the same, shall be returned to the owner or owners of the goods or chattels so seized or distrained; and in case such fines, penalties, forfeitures and sums of money shall not be paid forthwith upon conviction, then it shall and may be lawful for any two such justices to order the offender or offenders so convicted to be detained in safe custody, until return shall be conveniently made to such warrant of distress, unless the same offender or offenders shall give sufficient security to the satisfaction of any two such justices, for his, her or their appearance before them, or any two other of such justices, on such day or days as shall be appointed for the return of such warrant of distress, such day or days not being more than seven days from the time of taking any such security, and which security any two such justices are hereby empowered to take by way of recognizance or otherwise; but if upon the return of such warrant, it shall appear that no sufficient distress can be had whereupon to levy the said fine, penalty or forfeiture, costs or sums of money as aforesaid, or if it shall appear to such justices, either by the confession of the offender or offenders, or otherwise, that the offender or offenders hath or have not sufficient goods and chattels whereupon to levy such fine, penalty or forfeiture, and costs or sums of money as aforesaid, on a warrant of distress being issued, it shall be lawful for any two justices of the peace as aforesaid, and they K 5 Geo. IV. c. 13. Distress not to be unlawful for want of Form. Mode of Re covering Fines and Penalties. 5 Geo. IV. c. 13. Form of Conviction, &c. not to be quashed for want of Form, nor removeable by Certiorari. Appeal. are hereby authorized and required, by warrant under their hands and seals, to cause such offender or offenders to be committed to the common gaol or house of correction of the said town, there to remain without bail or mainprize, for any term not exceeding three calendar months, unless such fines, penalties, forfeitures and sums of money, and all reasonable charges shall be sooner paid and satisfied; and such penalties, forfeitures and sums of money when so levied, (the application whereof is not otherwise directed,) shall be paid to the treasurer of the said corporation, and wholly applied to the purposes of this act, and to or for no other use or purpose whatsoever. CXVI. And be it further enacted, That in all cases where any person or persons shall be convicted of any offence committed against this act, or any matter in pursuance thereof, the conviction shall be in the words or to the effect following: Town and County of the Town "Lord 66 } "Be it remembered, That on the "day of in the year of our A. B. is convicted before me [or, us] of His Majesty's justices of the peace of and for the "town of Kingston-upon-Hull, and county thereof, by virtue of An "Act passed in the fifth year of the reign of King George the Fourth, "intituled 'An Act,' [here set forth the title of this act,] for that he "the said A. B. did on the day of in "the year of our Lord [here state the offence] by reason whereof, I [or, we] do hereby adjudge the said A. B. to have "forfeited [if the offender is to be found] the sum of [insert the penalty] 66 together with the sum of for costs and charges, [if any 66 given,] or, [if to be imprisoned, then] do adjudge the said A. B. to "be committed to the [naming the gaol] for the space of [insert the "time, and if the commitment be for nonpayment of a penalty, then add, "unless the said sum of shall be sooner paid.] "Given under my [or, our] hand and seal [or, hands and seals] the day and year first above written." CXVII. And be it further enacted, That no order, judgment, conviction, or other proceedings touching or concerning the conviction of any offender or offenders against this act, shall be vacated or quashed for want of form only, or be removed or removeable by certiorari, or any other writ or process whatsoever into any of His Majesty's Courts of Record at Westminster, nor shall any other order made, or any other matter or thing to be done or transacted in or relating to the execution of this act, be vacated or quashed for want of form only; any law or statute to the contrary in anywise notwithstanding. CXVIII. And be it further enacted, That in all cases where any body or bodies politic, corporate or collegiate, or any persons or person shall think themselves, himself or herself aggrieved by any rate or assessment, or by any order or conviction, or other matter or thing which shall be made, had or done in pursuance of this act or of the said recited acts, it shall and may be lawful for such body or bodies politic, corporate or collegiate, persons or person, to appeal to the justices of the peace of the town and county of the town of Kingston-upon-Hull, at the general or quarter sessions of the peace which shall be holden in and for such town and county, next after the demand first made of any such rate or assessment, or next after any such order, conviction, matter or thing being made, had, done or committed, (as the case may be,) such appellant or appellants first giving, or causing to be given, fourteen days notice at the least in writing of his, her or their intention to bring such appeal, and of the matter and ground thereof, as well to the said corporation (by leaving such notice, addressed to them, with the clerk of the said workhouse for the time being) and to such other person or persons as shall be intended to be affected by such appeal, as also (in the case of every appeal against any conviction or other proceeding had, made or done by or before any justice or justices of the peace) to the justice or justices of the peace by or before whom such conviction or proceedings shall have been had, made or done; and further, within four days next after giving or causing to be given such notice as aforesaid, entering into a re- · cognizance before such justice or justices, or some other justice of the peace for the said town and county, with two sufficient sureties, in such reasonable sum or sums of money as such justice or justices shall direct, conditioned to try such appeal, and to abide such order as shall thereupon be made, and to pay such costs as shall be awarded by such justices at such general or quarter sessions as aforesaid; and it shall be lawful for the said justices, and they are hereby authorized, at such general or quarter sessions, or at some adjournment thereof, upon due proof of such notice, as before directed, having been given, and of the entering into such recognizance as herein before is mentioned, to hear and finally determine the causes and matters of every such appeal in a summary way, and to award such restitution, damages and costs to the appellant or appellants, or respondent or respondents, not exceeding the amount of the sum or sums of money, charges and expences which shall have been actually recovered and received by any person or persons in pursuance of this act, together with such reasonable costs, charges and expences of prosecuting or defending such appeal, or as the said justices shall think proper; which determination of the said justices at such general or quarter sessions, or adjournment thereof as aforesaid, shall be final, binding and conclusive, to all intents and purposes whatsoever: provided always, that in case there shall not be time to give the said fourteen days notice before the holding of such next general or quarter sessions of the peace as aforesaid, then such appeal shall and may be made to, and heard and determined at, the first general or quarter sessions, prior to the holding of which there shall have been time to give such notice as aforesaid, such recognizance having been previously given and entered into as aforesaid. CXIX. And be it further enacted, That in cases of appeal to the justices of the peace at any general or quarter sessions to be holden for the said town of Kingston-upon-Hull, and county of the same town, against or relating to any rate or assessment made under or by virtue of this act, the said justices, upon hearing such appeal, where they shall see just cause of relief, shall and are hereby empowered to correct, alter and amend such rate or assessment in such manner only as shall be necessary for giving relief to the person or persons so appealing, without quashing or wholly setting aside the same rate or rates respectively: provided always, that if the court shall think it proper and necessary for giving such relief to persons appealing, that the rate should be wholly quashed, then and in such case the court may wholly quash the same. CXX. And be it further enacted, That it shall and may be lawful for any justice or justices who is and are hereby made competent, empowered or required to hear and determine any complaint under or by virtue of this act, to issue a summons under his or their hand and seal, or hands and seals, to any person or persons whomsoever, to attend as a witness or witnesses, and to give evidence upon oath, or solemn affirmation, before any such justice or justices of the peace, touching any matter of fact contained in any information or complaint for any offence against this act, or against any bylaw, rule or order made in pursuance thereof, whether on the part of the prosecutors, or of the person or persons complained of, and which summons such justice or justices as aforesaid is and are hereby required to issue, if thereunto required; and if such person or persons so summoned as aforesaid, upon being paid or tendered a reasonable sum for his, her or their costs and charges, trouble and attendance, shall refuse or neglect to appear at the time and place to be for that purpose appointed, without a reasonable excuse for such his, her or their refusal or neglect, to be approved of by such justice or justices, or appearing shall refuse to be examined on oath (or solemn affirmation,) and give evidence before such justice or justices, then and in every such case every such person shall forfeit and pay for every such offence any sum not exceeding five pounds. CXXI. And be it further enacted, That all notices and summonses which are directed and required to be given by this act, or which are or may be directed or required to be given by any by-law, rule or order to be made in pursuance of this act, or which shall or may be necessary for carrying into execution any of the powers of this act, or any or either of such bylaws, rules or orders, of which the manner of serving the same is not particularly directed by this act, shall be printed or written, and shall or may be served, either by delivering the same personally to the person or persons to whom such notices respectively are to be given, or by leaving the same at his, her or their usual or last known place or places of abode; and with respect to the said corporation, by leaving the same at the workhouse 5 Geo. IV. c. 13. Justices may amend Rates on Appeal. Attendance of Witnesses may be compelled. Notices may be served personally or by leaving same. |