Page:Ruffhead - The Statutes at Large - vol 6.djvu/256

 194 C. 21. Anno o&avo Georgii II. A. D. i 735. f ppeal to the Quarter-Seffi- ons. No Certiorari for removing Orders to ano- ther Court. Determinations made at Quar- ter-Seffions, concerning Complaints, to be final. Limitation of Actions. General MTue. Treble Cofts. This and the a before-menti- oned Acts to continue in Force for 5 Years. ' Made perpe- tual by 27 Geo. a. c. 16. * Concerning High- ways, fee farther & 30. 28 Geo. for any fuch Forfeiture or Penalty, to the common Gaol of the County, where fuch Conftable or Con- ftables, Clerk or Clerks, (hall live, until he or they fhall pay and fatisfy the fame. XV. Provided alfo, That it fhall and may be lawful for any Perfon aggrieved by any Order or Or- ders to be made by any two or more Juftices of the Peace as aforefaid, to appeal to the Juflices of the Peace aflembled at the next General Seffions to be holden for the County, City, Divifion, Parifti or Place where luch Orders fhall be made, giving reafonable Notice of fuch Appeal, the Reafonablenefs of which Notice (hall be determined by the Juftices of the Peace at. the Quarter-Seffions to which the Appeal is made ; and if it lhall appear to them that reafonable Time of Notice was not given, then they (hall adjourn the faid Appeal to the next Quarter-Seffions, and then and there finally hea'r and determine the fame; and the Juftices, who in the General Quarter-Seffions fhall hear the Matter (hall have Power to award reafonable Cofts to either Party, as to them (hall feem juft, and fuch Determina- tion (halt conclude and bind all Parties concerned. XVI. And it is hereby enacted, That no Certiorari fhall be granted by any Court whatsoever for removing any Order or Orders, or other Proceedings of any Juftice or Juftices of the Peace, concerning all or any of the Matters in this Act contained, out of the proper County, City, Divifion or Place into any other Court. XVII. And be it further enacted by the Authority aforefaid, That when any Complaint of Abufe orExcefs of Power in the Commiftioners and Truftees appointed to put any.Act of Parliament made for the Repair of any Highway or Highways in Execution, by erecting or fetting up, or caufing to be erected or fet up, any Gate or Gates, Turnpike or Turnpikes, Rails, Pofts, Chain or Chains, or any other Fence, hath been already made, and heard by the Juftices of the Peace of the County where fuch Gate or Gates, Turnpike or Turnpikes, were, or (hall be erected or continued, in the General Quarter-Seffions aflembled, that fuch Hearing of the faid Juftices (hall be final, and their Determination therein, either in Favour of the Complainant, or of the faid Commifnoners and Truftees, (hall be and is hereby declared to be, fully confirmed and eftablifhed. XVIII. And be it further enacted by the Authority aforefaid, That if any Suit or Suits (hall be brought or commenced againft any Perfon or Perfons for any Thing done in purfuance of this Act that in every fuch Cafe the Action (hall be laid in fuch County where the Caufe of Action did arife, and not elfewhere ; and the Defendant or Defendants in fuch Action or Actions to be brought may plead the General Iffue, and give this Act and the fpecial Matter in Evidence, at any Trial to be had thereupon, and that the fame was done in purfuance of and by the Authority of the faid Act : and if it (hall appear fo to be done, or that fuch Action or Actions (hall be brought in any other County, then the Jury (hall find for the Defendant or Defendants, and upon fuch Verdict, or if the Plaintiff (hall be nonfuited or difcontinue his Action after the Defendant or Defendants (hall have appeared, or if upon Demurrer Judgment (hall be given againft the Plaintiff, the Defendant or Defendants fhall and may recover treble Cofts, and have the like Remedy for the fame, as any Defendant or Defendants hath and have in other Cafes to recover Cofts by Law. XIX. And be it further enacted by the Authority aforefaid, That this Act, and alfo the faid two feveral Acts made in the firft and fifth Years of his prefent Majefty's Reign, and every Article, Claufe, and Sentence therein (not altered by this prefent Act) (hall be and continue in full Force and Effect* and be executed for the Space of five Years, to commence from the faid fifteenth Day of May in the Year of our Lord one thoufand feven hundred and thirty-five, and from thence to the End of the then next Seffion of Parliament, for the Purpofes in the faid feveral Acts mentioned, as fully as if the fame was herein again repeated and re-enacted in the Body of this prefent Act. 9 Geo. a. a. r. 17. ■. 18. 14 Geo. 1. 30 Geo, 2. c. 28. . 42. 15 Geo. 2. c. 2. 16 Geo. 2. c. 29, 37 Geo.. 2. c. 34. 18 Geo. 2. c. 33. ziGeo»%. <„a8. 24 Git. -U (. 43* 26 GVa. a. t. 2& Preamble, The Seamens A(l 2 Geo. 2. r. 36. continued till 25 March 1749. ' Farther con- tinued by 21 Geo. 2. c. 26.' The Pilots Aft 3 Ceo. j. c. 13, CAP. XXI. An Acl: to continue feveral Laws therein mentioned for the better Regulation and Govern- ment of Seamen in the Merchants Service ; for the regulating of Pilots of Dover, Deaf and the Ifle of Tbanet •, for preventing Frauds in the Cuftoms, and to prevent the clan- deftine running of Goods ; and for making Copper Ore of the Britijb Plantations aa enu- merated Commodity. ' TTTHEREAS the Laws herein after mentioned (which have by Experience been found ufeful ' W and beneficial) are near expiring ;' May it therefore pleafe your Majefty that it may be en- acted, and be it enacted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament aflembled, and by the Au- thority of the fame, That aa Act made in the fecond Year of his prefent Majefty's Reign, intituled, An Ah for the better Regulation and Government of Seamen in the Merchants Service, which was to be in Force for five Years, from the twenty-fourth T)zy of June one thoufand feven hundred and twenty- nine, and from thence to the End of the then next Sefiion of Parliament, and is near expiring, (hail be and the fame is hereby continued from the Expiration thereof until the twenty-fifth Day of March one thoufand feven hundred and forty-nine, and from thence to the End of the then next Seffion of Parliament. II. And be it further enacted by the Authority aforefaid, That an Act made in the third Yenr of the Reign of his late Majefty, intituled, An Acl for the better regulating of Pilots for the conducing of Ships and