Page:Ruffhead - The Statutes at Large - vol 8.djvu/683

 A. D. lyGr. Anno fecnndo Georgii III. * C. 21. 649 XLVII. Provided alwaj'^s, That no Part of the A/[onies that fhall be given by Parliament for the No Part of the Rates, or Purpofes of this Aft, nor any Part of the Monies that /hall be raifed by the Rates to be made and Money granted by Par- levied by virtue of this Aft, fball be applied to the Purpofe of purchafmg the faid Houfes, or any of 'f '"^"t' '» ^e applied in 1 ^1 r^ „. I C •! xU r tiie Purchale or the laid th- m, or the Ground or Soil thereof. Houfes or Ground. XLVIII. Provided aWays, and be it further enafted by the Authority aforefaid, That if any Per- Perfons aggrieved, where fon (hall think himfelf or herfelf aggrieved by any Thing done in purfuance of this Aft, and for ""°t'^«' ^'^thod of Re- which no particular Method of Relief hath been already appointed, fuch Perfon may appeal to the ^VrT'Ti"' r'V^r' luitices or the reace, at any Lrenenil C^iarter befnons of the Peace, to be held lor the County or f,ons within^ Months • of fuch Complaint fhall have arifen ; fuch Appellant firft giving or caufing to be given tw^enty- (""^h Appeal to the Clerk one Days Notice at the leaft in Writing, of his or her Intention to bring fuch Appeal, and of the "7^'^^^ '^".^J'. Matter thereof, to the Clerk or Treafurer to the faid Commiffioners, and within two Days after ^"zance^'^'wfth Security' fuch Notice, entering into Recognizance before fome Juftice of the Peace for fuch County or to tiy the fame, &c. Place, with two fufBcient Sureties, conditioned to try fuch Appeal at, and abide the Order of, and to Jufbicestodeterm nefuch pay fuch Cofts as (hall be awarded by, the Juftices at fuch Quarter Seffions ; and the faid Juftices at ^PP^^^i in a funimary fuch Seffion, upon due Proof of fuch Notice being given as aforefaid, and of the entering in.o fuch ^^' ^^ ' Recognizance, (hall hear and finally determine the Caufes and Matter of fuch Appeal in a fummary Way, and award fuch Cofts to the Parties appealing or appealed againft, as they the faid Juftices Ihall think proper ; and the Determination of luch Quarter SeiTions Ihall be final, binding and con- clufive to all intents and Purpofes. XLIX. And be it further enafted by the Authority aforefaid. That where any Diftrefs {hall be Diftrefsnot tobedeemed made for any Sum or Sums of Money to be levied by virtue of this Aft, the Diftrefs itfelf fhall not unlawful, nor the Pany be deemed unlawful, nor the Party or Parties makins; the fame be deemed a Trefpaller or TrefpafTers, !"! ""! "v f^"^'^^'^!k r ■» xk r 1 -XTT r T^ ■ ^t i- i • i n ii i T> ^ ^ox want ot torm in the on account or any Detault or Want of i*orm m any Proceedings relating thereto; nor fhall the rarty proceedings; nor the or Parties diftraining be deemed a Trefpaller or TrefpafTers ab initio, on account of any Irregulariiy Par= diftraining aTref- which fhall be afterwards done by the Party or Parties diftraining ; but the Perfon or Perfons aggrieved p^fferain^/V/^ on account by fuch Irregularity may recover full Satisfaftion for the Special Damage in an Aftion on the ""l^^^ lub.equent lire- ^'<^'^^' Party to recover full Sa« tisfaftion only for the Damage, in an Adlion on the Cafe : L. Provided always. That no Plaintiff" or Plaintiffs fhall recover in any Aftion for any fuch Irre- But where fufficient gularity, Trefpafs, or other Proceedings, if Tender of fufficient Amends fhall be made by or on the T-^^.f /" 'J^'^^^^^.Jf^;^^ ■ft L ir /- 1 'T T) I n 11 1 -1 r 1 1 -1 r r made beiore the Adtion xJenalr of the . arty or ir^arties who fhall have committed, orcauled to be committed, any fuch Irre- brought, the Plaintiff is gularity, Trefpafs, or wrongful Proceedings, before fuch Aftion bruught : And in cafe no fuch Ten- not to recover. der fhall have been made, it fhall and may be lawful for the Defendant or Defendants in any fuch Defendant, with Leave, Aftion, by Leave of the Court where fuch Aftion fhall depend, at any Time before IfTue joined, to i^ay pay Money into pay into Court fuch Sum of Money as he or they fhall fee fit ; whereupon fuch Proceedings, or Orders ^°""» *<=• and Judgments, fhall be had, made and given in and by fuch Court, as in other Aftions where the Defendant is allowed to pay Money into Court. LI. Provided always, and be it enafted by the Authority aforefaid, That no Nomination, Con- Contraas and other fraft. Bond, Warrant, Judgment, or other Writing whatfoever, under the Hand and Seal, or Hands Wntms not chargeable and Seals, of or only figned by any Commiffioner or Commiffioners, or Juliice or Juftices of the^'^^^"^ " ^* ■ Peace, or exhibited before them, or under the Hand and Seal, or Hands and Seals, of or only figned by any other Perfon or Perfons whatfoever, relating to the Execution of this Aft, fliall be chargeable with any Duty Wi^atfoever. LII. And be it further enafted by the Authority aforefaid, That all Orders and Proceedings of the Orders and Proceedings faid Commiffioners at their Meetings, fhall be entered in a Book or Books to be kept for that Pur- of Commiffioners to be ])ofe;_and fuch Orders and Proceedings fo entered fliall be figned by the Clerk or Clerks, at any ^'™ '™cie^^^^^ Meeting (if three or more of the faid Commiffioners aflembled, as the Cafe fhall require; and fuch which may be produced Orders fhall be deemed and taken to be original Orders : Which faid Book or Books fhall and may and read in Evidence. be produced and read in Evidence in all Courts whatfoever. Llil. And be it enafted by the Authority aforefaid. That no Aft or Order of the faid Commif- No Ad, &c. of the fioners fhall be vahd, unlefs done or made at fome publick Meetintr. Co.T^m,ffioners vai.d, ' -r^ i, unlefs done at a publicK LIV. And be it further enafted by the Authority aforefaid. That no Proceeding to be had touch- ^^ '"^' ing the Conviftion of any Offender or Offenders againft this Aft, or any Order made, or other Mat- Proceedings againft Of- wi;hftanding. LV. And be it further enafted by the Authority aforef.id. That no Aftion or Suit fhall be com- Limitation of Aitionf^ menced againft any Perfon or Perfons for any Thing done in purfuance of this A6t, until twenty-one Days Noticefhall be thereof given in Writing to the Clerk or Treafurer to the faid Commiffioners, or after fufficient Satisfaftion or Tender thereof hath been made to the Party or Parties aggrieved, or after fix Months next after the Faft committed for which fuch Aftion or Aftions, Suit or Suits, fhall be io brought ; and every fuch Aftion fhall be brought, laid and tried in the Coimty or Place where fuch Matters and Things refpeftively fliall be committed ^r done, and not in any other County or Vol. Vm. 4O Place i