Page:Ruffhead - The Statutes at Large - vol 7.djvu/228

 i84 C. 4^« Anno vicefimo fecundo Georgii II. A. D. 1749, His M.>jefly''s Order in Coun- cil declared to be vjlid, i:c. Offenders to forfeit 10 1. Order of Coun- cil, Ice. to be executed, and declared valid. Perfons difobey- iiiBorobftruil- ing, &c. to forfeit 50 !. Limitation of A(^ions. Ceneral Iffue. Treble Cofls. Regulations to be obferved with regard to Writs of Execution fued oit againft any Hundred. S Geo. 2. c» if. ^Regulations in the lUturns of Writi in the Court ot' Scilion of Chefler, and the Cou.rt,of CommoriS*leas of Lan.:a(ter. ' made and eftablifhed certain Rules, Orders and Regulations for the better preventing the fpreading of the ' faid Infection, and putting a Stop to the Diftemper ; which Rules, Orders and Regulations have been ' found beneficial ;' Be it therefore enafted by the Authority aforefaid, That the faid Order in Council, and all the Rules, Orders and Regulations therein contained and inferted (except fiich and fo much of them, or any of them refpeftively, as his Majefly, his Heirs and SuccefTors, at any Time or Times during the Con- tinuance of the faid former A(3s, fhall, with the Advice of his and their Privy Council, judge proper and expedient to repeal, alter or vary) fhall be in Force, and the fame, and alfo fuch other Rules, Orders and Regulations, Variations and Additions, as fhall be made by virtue of, and in purfuance and under the Power and Authority of this prefent A£t, and the faid former A£ls, fliall be obferved and obeyed by all his Majefty's Subjedts, during the Continuance of the faid former A6ts, under the Penalty of ten Pounds, in- fliiSed and directed to be levied by the faid former A(Ss for every Offence committed againft: the fame. XXXI. And it is hereby further enacSed and declared. That all the Powers and Authorities given by the faid Order of Council, or which fhall be given by any fubfequent Order of Council by virtue of the Autho- rity aforefaid, to Juftices of the Peace, and other Magiftrates, and to Commiflioners of the Land Tax, InfpecStors, and other Officers appointed in that Behalf, fhall be duly executed, and are hereby eflrabliflied, and ena£fed and declared to be as good and valid in the Law, to all Intents and Purpofes, during the Con- tinuance of the faid Order or Orders, as if the fame were herein repeated, and exprefly enadled. XXXII. And be it further enafted. That from and after the fifteenth Day of June one thoufand fevcn hundred and forty-nine, all and every Perfon and Perfons who fhall by Force or Threats intimidate, hinder or prevent the faid Juftices, Magiftrates, Commiflioners, Infpedlors or other Officers, from executing the faid Rules, Orders and Regulations, or from performing their refpeftive Duties in relation thereto, or who fhall enter into any Combination, Confederacy or Subfcription, to difobey the faid Order or Orders in Council, or to defe.it, hinder or prevent the Execution thereof, fhall, over and befide the Penalty infliiSled by the faid A&, forfeit and pay the Sum of fifty Pounds; to be recovered by Bill, Plaint, Suit or Information, in any of his Majefty's Courts of Record at TVeflm'infter, by any Perfon or Perfons who fhall inform and fue for the fame, to ^o and be paid to and for the fole Ufe and Benefit of fuch Perfon or Perfons refpe£tively, with full Cofts of Suit. XXXIII. Provided, and be it further enafled, That if any AiElion or Suit fhall be commenced againft any Perfon or Perfons for any Thing done in purfuance of this or any of the faid former Adis, in every fuch Cafe the Aftion or Suit fhall be brought within fix Calendar Months next after the Fadl committed, and not afterwards, and in the County where the FaiSl hath been, or fhall be committed, and not elfewhere ; and the Defendant and Defendants in fuch AtSion and Suit to be brought, fhall and may plead the General IHue, and give the Special Matter of his Defence in Evidence, at any Trial to be had thereupon, and that the fame was done in purfuance of the faid former Adls, or this prefent hO. ; and if the fame fhalJ appear fo to be done, or fuch Adlion or Suit to be brought after the Time limited for bringing the fame, or fhall be brought in any other County, Place or Places than where the Fadt was committed, then the Jury fhall find for the Defendant or Defendants ; and upon fuch Verdift, or if the Plaintiff or Plaintiffs fhall become nonfuit, or difcontinue his or their Adtion, after the Defendant or Defendants fhall have appeared, or if upon Demurrer, Judgment fhall be given againft the Plaintiff' or Plaintiffs, the Defendant and Defendants, in every fuch Cafe, fliall and may recover Treble Cofts, and have fuch Remedy for the fame, as any De- fendant or Defendants hath or have in any Cafes by Law. XXXIV. And be it further enadted by the Authority aforefaid. That no Writ of Execution hereafter to be fued out againft the Inhabitants of any Hundred, on any Judgment obtained by virtue of any Adl or Adls of Parliament whatfoever, fhall be levied on any particular Inhabitant or Inhabitants of fuch Hundred, but the Sheriff or Sheriffs fhall, on Receipt of every fuch Writ, caufe the fame to be produced to two Juftices of the Peace, in fuch Manner as is diredfed by the Statute made in the eighth Year of his prefent Aiajefty V Reign, intituled. An ASi for the Amendment of the Law relating to ABions on the Statute of Hue and Cry ; and that thereupon the faid Juftices fhall, in the Manner diredled by the faid Adt, caufe a Taxntion to be made, levied and colledled, for raifing and paying, as w«ll the Cofts and Damages reco'ercd by the Plaintiff or Plaintiffs, as alfo all fuch juft and neccflary Expences as any Inhabitant or Inhabitants of fuch Hundred fhall have been at in defending any fuch Adfion ; the fame being firft proved on Oath, and the Attorney's Bill being firft taxed in fuch Manner as the faid Adl diredfs ; and the Sums of Money o to be levjed and colledfed fhall, within the Time by the faid Adt limited, be paid to the Sheriff or Sheriff's, and by him or them paid or delivered over to the Perfons intitled to receive the fame, without any Deduction, Fee or Re- ward whatfoever. ' XXXV. Whereas all Writs relating to Adtions depending in the Court of Seflion of Chefer., or in the ' Court of Common Pleas, held in and for the County Palatine oi Laiicnficr, arc return.able at the Great Sef- ' fions, and Seflions of Aflizes held refpedtively for the fiiid Counties, and at no other Ti-ne, by which ' Seffion or Seffion of Afiizes but one after fuch Adfion is commenced at the fooneft, which is ufually near ' a Year, and a great Delay to the Suitors of the faid Courts, and many other Inconveniencies do attend ' the Want of niore frequent Returns of Writs in the faid Courts :' For Remedy whereof, and for the greater Eafe and Benefit of the Suitors in the fame. Be it further enacted by the Authority aforefiiid. That from arid after the twenty-ninth Day of September one thoufand feven himdrcd and forty-nine, all Writs of Ca- pjas, and other mefne Procefs, to anfwer relating to any Adfion or Suir, to be brought or commenced in the faid Courts of Seffion for the faid County of Che/?er, and Court of Common Pleas for the faid County of Lancq/ler, that fliall bear Tefte in the preceding Seffion, or Seffion of Affizes refpedlivcly, fliail and may be made returnable before iiis A'lajefty's Juftices of the faid S^-ffion at C.'rr/Irr, or Scllions of Affizes for the County of Lancafter, on the firft Wednefday of any Month in each of the two Vacations annually, be- twixt the faid Sefiion or Seflions of Affizes, or at the fiift Day of thi; aext Seflion or SciSon of Affiz^s re- fpedtively.
 * means no Adlion that is commenced in the faid Courts can be brought to Ifl'ue, and tried, before the next