Page:Ruffhead - The Statutes at Large - vol 6.djvu/624

 553 C. 29. Anno decimo feptimo Georgii II. A.D. 1 744- Penalties to be levied by Diftrefs nnJ Sale, For want of Di- iijel's, Offender " to be fent to tbe Houfe of Cor- it-cfion. 'Tuffire'tnay lef- Jen the Penal'.y. Perfons aggrieved may appeal to the Quarter- Sefiions, ■where the fame fhall he deter- mined. Penalties, one Half to the In- former, and the other to the Al- derman, to be pard into the Chamber. ASt 9 Geo. 2. .c. 20. repealed. Exception. Arrears due on 24 June 1744, to be iued for as directed in the former Act. I Limitation of Actions. General IfTue. treble Cofts, jedt to, and puniihable by, any Penalty directed to be levied by this Act ; and fuch Juftice or Juftices of the Peace are hereby authorized and required, upon any Informations exhibited, or Complaint made irt that Behalf, within ten Days after fuch Offence committed, to fummon the Party or Parties accufed and the Witneffes on either Side, and after Oath, or Affirmation made by any of the Perfons called Quakers, of the Commiflion of any of the Facts above mentioned, by one or more credible Witnefs or Witneffes, to iffue a Warrant or Warrants for apprehending the Party offending in the faid City of London ; and Upon the Appearance, or Contempt of the Party accufed in not appearing, upon the Proof of Notice given, to proceed to the Examination of the Witnefs or Witneffes, upon Oath or Affirmation as aforefaid (which Oath or Affirmation fuch Juftice or Juftices are here authorized, impowered and re- quired to adminifter) to give fuch Judgment, Sentence, or Determination as fhall be juft, and conform- able to the Tenor and true Meaning of this Act ; and where the Party accufed fhall be convicted of fuch Offence, either by View of the faid Juftice or Juftices, or upon fuch Information as aforefaid, or ou Confeffion of the Party accufed, it fhall and may be lawful for fuch Juftice or Juftices to iffue a War- rant or Warrants for the levying the Penalties or Forfeitures fo adjudged on the Goods and Chattels of the Offender, and to caufe Sale to be made thereof, in cafe they fhall not be redeemed in five Days, ren- dring to the Party the Overplus (if any there be) ; and in cafe any Perfon or Perfons fhall be convicted in purluance of this Act, of breaking, throwing down, or extinguishing any Lamp now erected^ or here- after to be erected, and no Goods or Chattels of any Perfon fo offending can at the Time of fuch Con- viction be found, then and in fuch Cafe, it fhall and may be lawful to and for the Juftice or Juftices of the Peace before whom fuch Perfon or Perfons fhall be convicted as aforefaid, to commit fuch Offender to the Houfe of Correction, there to be kept to hard Labour for any Time not lefs than one Month, and not exceeding the Space of three Months, or until fuch Penalty or Forfeiture fhall be paid. XXXV. Provided neverthelefs, That it fhall and may be lawful to and for fuch Juftice or Juftices of the Peace, f om time to time, where he or they fhall fee Caufe, to mitigate, compound, or leffen any of the faid Forfeitures or Penalties, as he or they in his or their Difcrction fhall think fit, fo as fuch Mi- tigation do not extend to remit above one Moiety of the Penalties inflicted and directed to be levied by this Act ; and every fuch Mitigation fhall be a fufficient Difcharge to the Perfons offending refpectively, for fo much of the faid Penalties or Forfeitures as fhall be fo leffened, mitigated or remitted. XXXVI. Provided alfo, That if any Perfon or Perfons fhall find him, her orthemfelves aggrieved, or' remain unfatisfied in the Judgment of the faid Juftice or Juftices, then fuch Perfon or Perfons fhall and may by virtue of this Act complain or appeal to the Juftices of the Peace at the next General or Quar- ter Seffions to be held for the faid City of London, who are hereby impowered to fummon and examine Witneffes upon Oath, or being Perfons called Quakers, on their folemn Affirmation, and finally to hear and determine the fame, and to make fuch Order therein as fhall be agreeable to the Nature and Circum- ftances of the Cafe ; and in cafe of Conviction, to iffue a Warrant or Warrants for levying and compel- ling by fuch Means as aforefaid, the Payment of the faid Penalties or Forfeitures. XXXVII. And it is hereby further enacted, That all the Penalties or Forfeitures to be levied by virtue of this Act, not herein before appropriated, fhall be paid and applied in Manner following ; that is to fay, one Moiety thereof to the Perfon or Perfons who fhall inform and profecute for the fame, and the other Moiety to the Alderman of the Ward, or his Deputy, where fuch Offence fhall be committed, 80 be by him paid over into the Chamber of London, to be accounted for and applied as Part of the Fund for providing and maintaining fuch Lights in the faid City as aforefaid. XXXVIII. And be it further enacted by the Authority aforefaid, That the Act of Parliament paffed in the ninth Year of the Reign of his prefent Majefty, intituled, An AEl for the better enlightening of the Streets ' of the City of London ; and every Claufe, Article, Matter and Thing therein contained, fhall be and the fame is hereby repealed, annulled and made void, except fo far as is herein after otherwife provided and directed, XXXIX. Provided always, That nothing in this Act contained fhall repeal, annul, or make void, or be conftrued, deemed, or taken to repeal, annul, or make void, any of the Rates or Affeffments charged ' or affeffed by virtue of the former Act, which fhall be due and payable, or in Arrear, on the twenty- fourth Day of June one thoufand feven hundred and forty-four, or any of the Remedies, Powers and Proviilons given and provided by the faid former Act, for the collecting, levying or recovering the fame j but the fame Rates and Affeffments, and all Arrears thereof refpectively, which fhall remain and be- come due and payable on the twenty-fourth Day of June one thoufand feven hundred and forty-four, and all the Remedies, Powers and Provifions in and by the faid former Act given, granted and pro- vided, for the railing, levying, collecting and recovering the fame refpectively, fhall remain and continue in full Force and Effect ; any Thing herein contained to the contrary notwithftanding. XL. And be it further enacted by the Authority aforefaid, That if any Action or Suit fhall be com- menced againft any Perfon or Perfons for any Thing done in purfuance of this Act, in every fuch Cafe the Action or Suit fhall be brought within fix Months next after the Fact committed, and not afterwards ; and fhall be laid and brought in London, and not elfewhere; and the Defendant or Defendants in fuch Action or Suit to be brought, fhall and may plead the General Iffue (Not guilty) and give this Act and the Special Matter in Evidence, at any Trial to be had thereupon ; and if the Plaintiff or Plaintiffs fhall become nonfuited, or difcontinue his, her or their Action or Actions, Suit or Suits ; or if upon De- murrer, Judgment fhall be given againft the Plaintiff or Plaintiffs, the Defendant and Defendants fhall and may recover treble Cofts, and have fuch Remedy for the fame as any Defendant or Defendants hath or have in any other Cafes by Law, XLI. And