Page:Ruffhead - The Statutes at Large - vol 9.djvu/269

A.D. 1763. Quantity of Coals not exceeding the Quantity of one Chaldron, and the Ingrain thereunto belonging, after the Rate of one Chaldron in every twenty Chaldrons, without being liable to any Penalty for the same ; any Thing in the said Act of the sixth Year of the Reign of his said Majesty King George the First, or any other Act or Acts, to the contrary thereof in any wise notwithstanding.

XXVI. And be it further enacted by the Authority aforesaid, That all Penalties and Forfeitures by this Act imposed (the Manner of levying and recovering whereof is not hereby otherwise particularly directed) shall be levied and recovered by Disstress and Sale of the Offender's Goods and Chattles, by Warrant under the Hand and Seal of some Justice of the Peace for the said County of Middlesex, or the City and Liberty of Westminster, as the Case may be ; which Warrant such Justice is hereby impowered and required to grant, upon the Confession of the Party or Parties, or upon the Information of any one or more credible Witness or Witnesses upon Oath (which Oath such Justice is hereby impowered to administer) ; and the Penalties and Forfeitures when recovered, after rendering the Overplus, if any be, upon Demand to the Party or Parties whose Goods and Chattles shall be so distrained and sold (the Charges of such Distrefs and Sale being first deducted) shall be paid to the Treasurer to the said Commissioners for the Time being, and be applied towards the Purposes of the said former Acts and this Act ; and in case sufficient Distress cannot be found, and such Penalties or Forfeitures shall not be paid, it shall and may be lawful for such Justice, and he is hereby authorized and required, by Warrant under his Hand and Seal, to commit such Offender or Offenders to the House of Correction, for any Time not exceeding two Months.

XXVII. And be it further enacted by the Authority aforesaid, That no Proceeding to be had touching the Conviction of any Offender or Offenders against this Act, or any Order made, or other Matter or Thing to be done or transacted, in or relating to the Execution of this Act, shall be vacated or quashed for Want of Form, or be removed by Certiorari, or any other Writ or Process whatsoever, into any of his Majesty's Courts of Record at Westminster ; any Law or Statute to the contrary notwithstanding.


 * XXVIII. And be it further enacted by the Authority aforesaid, That no Action or Suit shall be commenced against any Person or Persons for any thing done in pursuance of this Act, until eight clear Days Notice shall be thereof given in Writing to the Clerk or Treasurer to the said Commissioners, or after sufficient Satisfaction, or tender thereof, hath been made to the Party or Parties aggrieved, or after fix Calendar Months next after the Fact committed, for which such Action or Actions, Suit or Suits, shall be fo brought; and every such Action shall be brought, laid and tried, in the County or Place where such Matters and Things respectively shall be committed or done, and not in any other County or Place ; and that the Defendant or Defendants in such Actions and Suits, and every of them, may plead the General Issue, and give this Act, and the Special Matter in Evidence, at at any Trial or Trials which shall be had thereupon, and that the Matter or Thing for which such Action or Actions, Suit or Suits, shall be so brought, was done in pursuance and by the Authority of this Act : And if the said Matter or Thing shall appear to have been so done, or if it shall appear that such Action or Suit was brought before eight clear Days Notice thereof given as aforesaid, or that sufficient Satisfaction was made or tendered as aforesaid, or if any such Action or Suit shall not be commenced within the Time before or for that Purpose limited, or shall be laid in any other County or Place than as aforesaid, then the Jury or Juries shall find for the Defendant or Defendants therein; and if a Verdict or Verdicts shall be found for such Defendant or Defendants, or if the Plaintiff or Plaintiffs in such Action or Actions, Suit or Suits, shall become nonsuited, or suffer a Discontinuance of such Action or Actions, or if, upon any Demurrer or Demurrers any such Action or Actions, Judgment shall be given for the Defendant or Defendants therein, then, and in either of the Cases aforefaid, such Defendant or Defendants shall nave Treble Costs ; and shall have such Remedy for recovering the same, as any Defendant or Deferdants may have for his, her or their Costs in any other Cases by Law.

'HERE AS the Borough of Doncaster in the County of York, is large and populous, has a navigable River, and is a great Thoroughfare between the South and Northern Parts of this Kingdom, by Means whereof a considerable Trade is carried on in the said Borough and Soke thereof : And whereas there are many Persons to whom the Traders of the said Borough and Soke are obliged to give Credit for small Sums of Money, who frequently refuse although able to pay the fame, presuming on the Discouragements which Creditors lie under, from the Expence which they are unavoidably put to, and the Delays they meet with in suing for such Debts : And whereas a more easy and speedy Method of recovering small Debts, within the said Borough and Soke, would greatly tend to promote Industry, and support useful Credit therein : And   whereas