Page:Ruffhead - The Statutes at Large - vol 9.djvu/276

 226 C. 40. Anno quarto Georgii III. A. D. 1763. If Notice has not been given, Defendant to le- covcr. Defendant may pay Mo' ney into Court before Iffue joined. No Evidence to be given on the Trial, but what is contained in the Notice. Corporation, at their own Expence, to light the Streets, &c. within the Borough. Lamps, &c. vefled in the Mayor : Penalty on Perfons in- juring them,. Limitation of Actions. General Iffue, XXVII. And be it further enacted, That no fuch Plaintiff (hall recover any Verdict: again ft fuch Commiffioner or Officer, in any Cafe where the Action fhall be grounded on any Act of the Defen- dant, as a CommifTioner or Officer, linlefs it is proved, upon the Trial of f ur h Action, that fuch Notice was given as aforefaid ; but, in Default thereof, fuch Commiffioner or Officer fhall recover a Verdict and Cofls as aforefaid. XXVIII. And be it further enacted by the Authority aforefaid, That in cafe fuch Commiffioner or Officer fhall neglect to tender any Amends, or fhall have tendered inefficient Amends, before the Action brought, it fhall and may be lawful for him, by Leave of the Court where fuch Action fhall depend, at any Time before IlTue joined, to pay into Court fuch Sum of Money as he fhall fee fit; whereupon fuch Proceedings, Orders and Judgment, fhall be had, made and given, in and by fuch Court, as in other Actions where the Defendant is allowed to pay Money into Court. XXIX. And be it further enacted, That no Evidence fhall be permitted to be given by the Plain- tiff, on the Trial of any fuch Action as aforefaid, of any Caufe of Action, except fuch as is con- tained in the Notice hereby directed to be given! c,i XXX. And be it further enacted by the Authority aforefaid, That it fhall and may be lawful for the Mayor, Aldermen and Capital Burgeffes of the faid Borough, for the Time being, or the major Part of them, in Common Council afiembled, from Time to Time, if they fhall think proper, at the Cofts and Charges of the faid Corporation, to provide, fet up and fix at fuch Places, nd againlt fuch Houfes, or other Buildings or Walls or otherwife, within the faid Borough, fuch a Number of Lamps, with Pofts, Irons and other Furniture thereto, and to caufe the faid Lamps to be lighted and maintained in fuch Manner, as they the faid Mayor, Aldermen and Capital Burgeffes, for the Time being, or the major Part of them, affembled as aforefaid, fhall think fit; all which Lamps, together with the Pofts, Irons and other Furniture thereunto belonging, or therewith ufed, fhall be, and the fame are hereby vefted in the Mayor of the faid Corporation for the Time being: And if any Perfon or Perfons fhall wilfully and malicioufly remove, take away, break, throw down or otherwife damage any of fuch Lamps, Pofts, Irons or other Furniture thereof; or extinguifh any of the faid Lamps when lighted ; every Perfon fo offending, and being thereof convicted, by the Oath of one or more credible Witnefs or Witneffes, before any one or more Juftice or Juftices of the Peace for the faid Borough and Soke, or for the Weft Riding of the faid County of Tori, or upon Confef- .' J fion of the Party accufed, or upon the View of any one or more of the faid Juftices, ftnll for the firft Offence forfeit the Sum of five Shillings for each Lamp fo extinguifhed ; or for every Poft, j Iron, or other Furniture thereto belonging, fo removed, taken away, broke, thrown down or other- wife damaged; and for the fecond Offence, the Sum often Shillings; and for the third and every other Offence, the Sum of fifteen Shillings; and fhall likewife make full Satisfaction to the Mayor for the Time being, for the Charges and Expences of reinftating fuch Lamps, Pofts, Irons or ' other Furniture as aforefaid; or in cafe any Peribn or Perfons fhall carelefsly, negligently or acci- dentally break, throw down or otherwife damage any of the faid Lamps, fo to be fet up or fixed as aforefaid; or the Irons, Pofts or other Furniture thereof; or extinguifh any fuch Lamp, and fhall not immediately, upon Demand, make Satisfaction for the Damage thereby fuftained; in every fuch. Cafe it fhall be lawful for any one or more of the faid Juftices, upon Complaint to him or them made by the Mayor for the Time being, to fummon before him or them the Perfon or Perfons fo complained of; and upon hearing the Matter of the faid Complaint, or upon the Non-appearance of the Party or Parties complained of, to award fuch Sum or Sums of Money, by way of Satis- faction for fuch Damage, as fuch Juftice or Juftices fhall think reafonable; and in cafe of Refufal or Neglect to pay the Sum or Sums of Money fo awarded, within three Days after demanded, to caufe the fame by Warrant under his Hand and Seal, or their Hands and Seals, to be levied by Di- ftrefs and Sale of the Goods and Chattels of the Perfon or Perfons who fhall fo have done fuch Da- mage, rendering to him, her or them the Overplus, if any fhall be, after deducting the Cofts and ' Charges of fuch Warrant, and of fuch Diftrefs and Sale when demanded : And in cafe no fufficient Diftrefs can be found, fuch Juftice or Juftices fhall and may, by like Warrant, commie the Perfon.- or Perfons fo neglecting or refufing, to the Houfe of Correction, there to remain, until he, fhe or they fhall make fuch Satisfaction as aforefaid, or for any Time not exceeding the Space of one Ca- lendar Month ; one Moiety of which Penalties, when recovered, fhall go to the Perfon or Perfons who fhall inform and profecute for the fame, and the other Moiety thereof fhall be paid to the Mayor of the faid Borough for the Time being, and be applied, in the firft Place, in making good all fuch Damages as aforefaid, and the Remainder to be diftributed amongft the Poor of the faid Bo- rough and Soke, in fuch Manner as the faid Mayor fhall think fit. XXXI. And be it further enacted by the Authority aforefaid, That if any Action or Suit fhall be commenced againlt any Perfon or Perfons, for any Matter or Thing done or to be done in purfu- ance of this Act, fuch Action or Suit fhall be brought or commenced within fix Calendar Months next after the Caufe of Action fhall arife, and not afterwards; and fhall be laid and brought in the County of York, and not elfewhere; and the Defendant or Defendants on fuch Action or Suit fhall and may plead the General Iffue, and give this Act, and the Special Matter in Evidence, at any Trial to be had thereupon; and if it fhall happen to be done in purfuance of this Act, or that fuch Action or Suit fhall he brought after the Time herein before limited in that Behalf, or fhall be brought in any other County or Place than as aforefaid, then the Jury fhall find for the Defendant pr Defendants ; and upon fuch Verdict, or if the Plaintiff or Plaintiffs fhall become nonfuited, or 3 difcontinue