Page:Ruffhead - The Statutes at Large - vol 8.djvu/724

 A. D. 1762, Anno fecundo G E o R G ] J in. C.32. ^^5 or Judgment made or given by or in purfuanco of nny fuch By-law, Order or Conftitution, may within three Months after fuch Order or Judgment (hall be made or given, complain to the Juilices of the Peace, at their General or Qiiarter-Seflion to be held in and for the Parts or Place where the Caufe of Complaint (hall arife, who fliall in a fummary Way, either hear and determine the faid Complaint at fuch General or Quarter-SelTion, or if they think proper, may adjourn the Hearing thereof to the next General or Quarter-Seflion of the Peace to be held for the faid Parts or Place re- fpectively^ and if they fee Caufe may mitigate or alter fuch Forfeiture! or PuniHiment ; and may order any Money to be returned, which fliall have been levied in purfa^anci of fuch By-law, Order or Conftitution, and may alio order fuch further Satisfaction to be made to the Party injured as they j^r^, -. , .^ (hall judge rcafonablc j but no Juftice of the Peace (hall act or vote in the Hearing or Determiniiig the By-iaw^totft""* of any fuch Complaint, whofe Hand and Seal as a Commillioner fl:iall ajjpear to have been fet to the vote in rhe determining faid By-law, Order or Conftitution, which occafioned fuch Complaint. fuch Complaint. CIX. And be it further enacted. That all By-laws, Orders, Conftitutions and Proceedings of Orders of the Commif- the faid rcfpcctive Commiflloners in the Execution of this Act, fhall be entered in a Book or Books p°"?" to be entered in a to be kept for that Purpofe ; and fuch By-laws, Orders, Conftitutions and Proceedings, when en- '^^ ' H^^^ ; tered, (hall be figned by the faid refpective CommifTioners, or any three or more of them, and the Clerk or Clerks attending the faid refpective Commiffioners, is and are hereby required to fet his or their Name or Names as a Witnefs or Witneiles thereto ; and the {"aid By-laws, Orders, Conftitu- =»J"| *" ^^ admitted as tions and Proceedings fo figned and attefted, fhall be deemed and taken to be original By-laws, Or- ^^"ienee. <]ers, Conftitutions and Proceedings, and fliall and may be produced and read in Evidence, in all Cafes of Appeals, Suits, Actions, or other Proceedings, touching any thing done in purfuance of this Act; and which Book or Books fliall and may be feen and perufed, at all reafonable Times, and Copies thereof, or any Part thereof, may be taken by any Perfon or Perfons whomfoever, pay- ing to the faid Clerk or Clerks three Pence for every one hundred Words. ex. And be it further enacted. That fuch of the Commiffioners appointed or to be appointed in Commiflloners may afl or by virtue of this Act, as fliall be a Juftice or Juftices of the Peace, may and is and are hereby *^ J"ft»«s. authorifed and impowered to act as a Juftice; or Juftices of the Peace, in the Execution of the Powers and Authorities hereby given to any Juftice or Juftices of the Peace, notwithftanding his or their being fuch Commiffioner or Commiflloners ; provided fuch Juftice or Juftices is or are not intereftcd in the Matter in Queftion, otherwife than as a Commiflioner or Commiflloners. CXI. And be it further enacted, That if any Perfon appointed or to be appointed a Commiflioner ^° CommifHoncr to ad In or by virtue of this Act, fliall have or accept of any Place of Profit arifmg out of the Monies to holding a Place of Profit, be raifcd by virtue of this Act, fuch Perfon, from and after his accepting fuch Place of Profit, and during the Time of his holding and injoying the fame, fliall be incapable of acting as a Commif- fioner under this Act. CXII. And be it further enacted. That no Perfon who ftiall be appointed to keep any Lock or ^'^^-''^epcr not to fell •Sluice which fliall be made or erected by virtue of this Act, fliall fell any Ale, Wine, Brandy, or Sp'"'"cus Liquors. other Spirituous Liquors, during the Time of his executing fuch Office. CXIIL And be it further enacted. That no Commiflioner named or appointed, or which fliall be Commimoncrs not to aft named or appointed in or by virtue of this Act, fhall act, or be impowered to do any Act in jhe /"^ ^ r.'!!- a^l^ "* E- r' -n u u • i 1 V 1 -1 1 r • purluance ot this Ait. xecution or the rowers hereby given to them, or any of them; except it be at the refpective Meetings to be held in purfuance of this Act, CXIV. And be it further enacted. That no Nomination, Appointment, Information, Order, W''"ngs to be without Judgment, Conviction, Warrant, Mortgage, Aflignment, Transfer, or other Security for the bor- Stamps. rowing of Money, or other Writing whatfoevcr, under the Hand and Seal or Hands and Seals of, or only figned by, any Commiflioner or Commiflloners for putting this Act in Execution, or by any Juftice or Juftices of the Peace, ©r exhibited before them, or any of them, touching or concerning •or in Execution of any of the Powers or Authorities hereby vetted in fuch Commillioner or Com- miflloners, or Juftice or Juftices of the Peace, or any of them, or Transfer of any of the Securities aforefaid, made by any Perfon or Perfons, (hall be charged or chargeable with any Stamp-duty whatfoever. CXV. And be it further enacted. That where ai'.y Diftrefs fliall be made for any Sum or Sums of Perfon? ag5r;eve.-i by any Money to be levied by virtue of this Act, the Diftrefs itftlf fliall not be deemed unlawful, nor the ^"<^e"l"'ty '" di- Party or Parties making the fame be deemed a Trcfpafler or Trefpallers, on account of any Defect "'"'"2» or Want of Form in the Summons, Conviction, Warrant of Diftrefs, or other Proceedings relating thereto; nor fhall the Party or Parties diftraining be deemed a TrefpaflTer or Trefpaflcrs «/» hntio, on account of any Irregularity whiclv fhall be afterwards committed by the Party or Parties diftraining ; to recover for the fprcial but the Perfon or Perfons aggrieved by fuch Irregularity fhall and may recover full Satisfaction for damage only. the fpecial Damage in any Action upon the Cafe. CXVL And be it further enatfed, 'Fhat the Charges and Expences attending the obtaining and Expences of this AQ, pafting of this Ac^ and other the neceffary Expences relating thereunto, fhall be paid and defrayed '^'^^ to be paid. by the general Commiflioners for Drainage, or any five or more of them, out of the firft Monies which fnall be by them raifed by virtue of this Adt for the general Works of Drainage ; and tluit the Cammiflioncrs for the Navigation, or any five or more of them, fhall, out of the firft Monies to be by them raifed by virtue of this Act for the Purpofes of the faid Navigation, pay or caufe to be paid to the faid general Commiflioners for the Drainr.ge, one third Part of rhe i'aid Charges and Ex- pences paid by the faid general Commiflioners foj; the Dfaifjage, as the Share or Proportion of the laid Coramiiliojiers for the Navigation* . CXVIL Provided