Oldalképek
PDF
ePub

particular Mode is directed, shall prosecute for and recover the same before the Sheriff or Stewart or the Justices of the Peace of the Shire or Stewartry in which such Penalty, Forfeiture or Fine has been incurred, or where the Offender shall reside, subject to Appeal in Manner hereinafter mentioned.

Penalties.

CIX. And be it further enacted, That all Expences, and also Recovery and all Penalties, Forfeitures and Fines by this Act directed to be Application of paid or inflicted, (the Manner of levying, recovering and applying whereof is not herein otherwise directed,) shall, upon Proof of the Offences respectively before the Sheriff, Stewart or any Two Justices of the Peace for the Shire or Stewartry where the Offence shall have been committed, or where the Öffender may reside (as the Case may require), either by the Confession of the Party offending, or by the Oath of any credible Witness, or other competent Evidence, be levied, together with the Expences attending the Information and Conviction, by Poinding and Sale of Poinding and the Goods and Effects of the Party offending, by Warrant under Sale of Goods. the Hand of such Sheriff, Stewart or Justices, (which Warrant such Sheriff, Stewart or Justices are hereby empowered to grant,) and the Surplus (if any) after deducting such Expences, Penalties, Forfeitures and Fines, and the Charges of such Poinding and Saie, shall be returned unto the Owner of such Goods and Effects; and Offender dein case such Expences, Fines, Penalties and Forfeitures shall not tained unless be forthwith paid upon Conviction, then it shall be lawful for such Security given. Sheriff, Stewart or Justices to order the Offender so convicted to be detained and kept in safe Custody until Return can be conveniently made to such Warrant or Poinding, unless the Offender shall give sufficient Security, to the Satisfaction of such Sheriff, Stewart or Justices, for his or her Appearance before such Sheriff, Stewart or Justices, on such Day as shall be appointed for the Return of such Warrant of Poinding, which Security the said Sheriff, Stewart or Justices are hereby empowered to take by Bond of Caution or otherwise; but if upon the Return of such Warrant it shall appear that no sufficient Goods and Effects can be found, then it shall be lawful for the said Sheriff, Stewart or Offender comJustices, and they are hereby authorized and required, by Warrant mitted unless under their Hand, to cause such Offender to be committed to the Common Gaol or House of Correction of the Shire or Stewartry paid. where the Offender shall be or reside, there to remain for any Time not exceeding Three Months, unless such Expences, Penalties, Forfeitures and Fines, and all reasonable Charges attending the same, shall be sooner paid; and the Monies recovered or levied Application of for such Expences shall be applied to the Payment of the same respectively; and the Monies arising by such Penalties, For- raised. feitures and Fines respectively, when paid, if not otherwise di- Penalties, &c. rected to be applied by this Act, or the Act under which the same shall have been incurred, shall be paid to the Trustees for making and maintaining the Road on which such Offence shall have been committed, or to their Treasurer, and applied and disposed of for the Purposes of the said Road.

If not sufficient

Goods.

Penalties, Ex-.

pences, &c.

Monies so

CX. And be it further enacted, That in recovering the different Recovery by Penalties imposed by this Act or any Turnpike Act, it shall be summary Pro-, lawful for the Sheriff, Stewart or Justice before whom any Complaint for the Recovery thereof may be brought, to proceed, if

R 3

under

cess.

Appeal.

Notice.

or Justices to be final.

under all Circumstances there shall be Cause, in a summary Way, and to grant Warrant for bringing the Parties complained upon before them for Examination, and on Confession or Probation by the Oath of any credible Witness or other competent Evidence, to proceed to determine thereon, without any written Pleadings or Record of Evidence, it being hereby provided that a Record shall be preserved of the Charge and of the Judgment pronounced.

CXI. Provided always, and be it further enacted, That any Person who shall think himself or herself aggrieved by any Proceedings to be had before any Justice or Justices of the Peace in the Execution of this Act, for which no particular Relief has been hereby provided, may within Six Months after the Matter complained of shall be done, but not afterwards, appeal to the Justices of the Peace at the Quarter Sessions of the Shire or Stewartry where the Cause of Complaint shall have arisen, the Appellant giving Fifteen Days previous Notice of such Appeal to the Defender or Defenders, and to the Clerk of the said Trustees and the Clerk of the Justices of the Peace, which Justices shall have Authority to hear and determine the Matter in Dispute; and their Judgment therein shall be final, without being subject to Review by Advocation, Suspension, Reduction or otherwise.

Judgment final. Judgment of CXII. And be it further enacted, That where by this Act the Sheriff, Stewart adjudging of any Penalty, Forfeiture, Fine or any other Matter is committed to the Sheriff, Stewart or the Justices of the Peace assembled in their Quarter Sessions of the several Shires and Stewartries in Scotland, the Judgment of such Sheriff, Stewart or Justices assembled as aforesaid, shall be final and conclusive, and shall not be subject to Review by Advocation or Suspension, or by Reduction, or by any Process of Law whatever, any Law or Usage to the contrary notwithstanding.

Limitation of
Prosecutions.

Exception of
Highland Com-

missioners'
Roads and
Glasgow and
Carlisle Road.
43 G.3. c.80.

CXIII. And be it further enacted, That all Prosecutions for the Penalties, Forfeitures and Fines imposed by this Act or any Turnpike Act, or for any Wrongs done or Injuries suffered in any Matter thereto relating, or for any Thing done in pursuance of any of the Powers by this Act or any Turnpike Act given and granted for any thing done in pursuance of this Act or any Turnpike Act, shall be commenced within Six Months after the Penalty, Forfeiture or Fine is incurred, or Wrong done, or Injury suffered, or Fact committed, and not afterwards.

CXIV. Provided always, That nothing herein contained shall be construed or taken to extend to any Road made under or by virtue of an Act passed in the Forty third Year of the Reign of His late Majesty, intituled An Act for granting to His Majesty the Sum of Twenty thousand Pounds, to be issued and applied towards making Roads and building Bridges in the Highlands of Scotland; and for enabling the Proprietors of Land in Scotland to charge their Estates with a Proportion of the Expence of making and keeping in repair Roads and Bridges in the Highlands of Scotland; or 59 G.3. c.135. of an Act passed in the Fifty ninth Year of His said Majesty, intituled An Act to repeal Two Acts made in the Fifty fourth and Fifty fifth Years of the Reign of His present Majesty, for maintain ing and keeping in repair certain Roads and Bridges in Scotland; to provide more effectually for that Purpose; and for the Regu

59 G.3. c.xc.

lation of Ferries in Scotland; or of an Act passed in the Fifty 56 G.3. sixth Year of the Reign of His said late Majesty, intituled An Act c.lxxxiii. for improving the Road from the City of Glasgow to the City of 58 G.3. c.44. Carlisle, or of Three several Acts amending the same, passed in 1 & 2 G.4. the Fifty eighth and Fifty ninth Years of the Reign of His said c.cxxvii. late Majesty, and in the First and Second Years of the Reign of His present Majesty.

CXV. And be it further enacted, That it shall be lawful for Sheriffs, &c. the Sheriffs and Stewarts within their respective Shires and empowered to Stewartries to take Affidavits on Oath or Affirmation (which Oath take Affidavits or Affirmation such Sheriffs and Stewarts are hereby authorized of Notices. to administer), of the Answers that may be given by the Proprietors and Occupiers of Lands, on Applications made to them for their Consent to such Bills; and every Affidavit of such Notices shall be in the Form following, as near as the Circumstances of the Case will admit :

[ocr errors]

A. B. of maketh Oath, and saith [or, being One Form. of the People called Quakers, upon his solemn Affirmation saith], That he did apply to and did receive 'from the several Persons whose Names are contained in the Paper hereto annexed, whom he believes to be the Proprietors of the Lands through which the intended Turnpike Road is to 'be carried, the Answers set forth in the Paper hereunto annexed.

(Signed) Day of

'Sworn [or solemnly affirmed before me,]

* witness my Hand, the < the Year

A. B.

as

in

And no such Affidavit as aforesaid shall be subject or liable to any Affidavit not Stamp Duty now payable by any Act of Parliament, or which shall subject to hereafter be imposed, unless specially named and made subject Stamp Duty. thereto by the Act of Parliament imposing the same; nor shall any Fee be charged by any Sheriff, Sheriff Clerk or other Officer, for administering or attesting the above Oaths or Affirmations.

dence.

CXVI. Provided always, and be it enacted, That Proof of the Proof of Hand Hand Writing of any Sheriff or Stewart, before whom any such Writing of Affidavit shall be made as aforesaid, shall be sufficient Evidence Sheriff Eviof the Signature of such Sheriff or Stewart before any Committee of either House of Parliament, without any Witness being produced who was present at the Time when such Affidavit was

made.

CAP. L.

An Act for the rebuilding of London Bridge, and for improving and making suitable Approaches thereto.

[4th July 1823.] THEREAS the Mayor, and Commonalty and Citizens of the City of London, Time out of Mind have had, exercised and ought and have accustomed themselves to have and exercise the Office of Bailiff and Conservator of the Water of Thames, from the Town of Staines, in the County of Middlesex, unto * London Bridge, and from thence to Kendall otherwise Yenland otherwise Yeenleet, towards the Sea, and their Title to the said ⚫ Office has been confirmed by divers Charters and Acts of Par

R 4

liament:

Appeal.

Notice.

Judgment
final.
Judgment of
Sheriff, Stewart

or Justices to
be final.

Limitation of
Prosecutions.

Exception of

missioners'
Roads and

Glasgow and
Carlisle Road.

43 G.3. c.80.

under all Circumstances there shall be Cause, in a summary Way, and to grant Warrant for bringing the Parties complained upon before them for Examination, and on Confession or Probation by the Oath of any credible Witness or other competent Evidence, to proceed to determine thereon, without any written Pleadings or Record of Evidence, it being hereby provided that a Record shall be preserved of the Charge and of the Judgment pronounced.

CXI. Provided always, and be it further enacted, That any Person who shall think himself or herself aggrieved by any Proceedings to be had before any Justice or Justices of the Peace in the Execution of this Act, for which no particular Relief has been hereby provided, may within Six Months after the Matter complained of shall be done, but not afterwards, appeal to the Justices of the Peace at the Quarter Sessions of the Shire or Stewartry where the Cause of Complaint shall have arisen, the Appellant giving Fifteen Days previous Notice of such Appeal to the Defender or Defenders, and to the Clerk of the said Trustees and the Clerk of the Justices of the Peace, which Justices shall have Authority to hear and determine the Matter in Dispute; and their Judgment therein shall be final, without being subject to Review by Advocation, Suspension, Reduction or otherwise.

CXII. And be it further enacted, That where by this Act the adjudging of any Penalty, Forfeiture, Fine or any other Matter is committed to the Sheriff, Stewart or the Justices of the Peace assembled in their Quarter Sessions of the several Shires and Stewartries in Scotland, the Judgment of such Sheriff, Stewart or Justices assembled as aforesaid, shall be final and conclusive, and shall not be subject to Review by Advocation or Suspension, or by Reduction, or by any Process of Law whatever, any Law or Usage to the contrary notwithstanding.

CXIII. And be it further enacted, That all Prosecutions for the Penalties, Forfeitures and Fines imposed by this Act or any Turnpike Act, or for any Wrongs done or Injuries suffered in any Matter thereto relating, or for any Thing done in pursuance of any of the Powers by this Act or any Turnpike Act given and granted for any thing done in pursuance of this Act or any Turnpike Act, shall be commenced within Six Months after the Penalty, Forfeiture or Fine is incurred, or Wrong done, or Injury suffered, or Fact committed, and not afterwards.

CXIV. Provided always, That nothing herein contained shall Highland Com- be construed or taken to extend to any Road made under or by virtue of an Act passed in the Forty third Year of the Reign of His late Majesty, intituled An Act for granting to His Majesty the Sum of Twenty thousand Pounds, to be issued and applied towards making Roads and building Bridges in the Highlands of Scotland; and for enabling the Proprietors of Land in Scotland to charge their Estates with a Proportion of the Expence of making and keeping in repair Roads and Bridges in the Highlands of Scotland; or 59 G.3. c.135. of an Act passed in the Fifty ninth Year of His said Majesty, intituled An Act to repeal Two Acts made in the Fifty fourth and Fifty fifth Years of the Reign of His present Majesty, for maintaining and keeping in repair certain Roads and Bridges in Scotland; to provide more effectually for that Purpose; and for the Regu

lation of Ferries in Scotland; or of an Act passed in the Fifty 56 G.3. sixth Year of the Reign of His said late Majesty, intituled An Act c.lxxxiii. for improving the Road from the City of Glasgow to the City of 58 G.3. c.44. Carlisle, or of Three several Acts amending the same, passed in the Fifty eighth and Fifty ninth Years of the Reign of His said late Majesty, and in the First and Second Years of the Reign of His present Majesty.

59 G.3. c.xC. 1 & 2 G.4.

c. cxxvii.

of Notices.

CXV. And be it further enacted, That it shall be lawful for Sheriffs, &c. the Sheriffs and Stewarts within their respective Shires and empowered to Stewartries to take Affidavits on Oath or Affirmation (which Oath take Affidavits or Affirmation such Sheriffs and Stewarts are hereby authorized to administer), of the Answers that may be given by the Proprietors and Occupiers of Lands, on Applications made to them for their Consent to such Bills; and every Affidavit of such Notices shall be in the Form following, as near as the Circumstances of the Case will admit :

[ocr errors]

A. B. of maketh Oath, and saith [or, being One Form. * of the People called Quakers, upon his solemn Affirmation saith], 'That he did apply to and did receive 'from the several Persons whose Names are contained in the Paper hereto annexed, whom he believes to be the Proprietors of the Lands through which the intended Turnpike Road is to 'be carried, the Answers set forth in the Paper hereunto annexed.

(Signed) Day of

'Sworn [or solemnly affirmed before me,]

witness my Hand, the

< the Year

A. B.

as

in

And no such Affidavit as aforesaid shall be subject or liable to any Affidavit not Stamp Duty now payable by any Act of Parliament, or which shall subject to hereafter be imposed, unless specially named and made subject Stamp Duty. thereto by the Act of Parliament imposing the same; nor shall any Fee be charged by any Sheriff, Sheriff Clerk or other Officer, for administering or attesting the above Oaths or Affirmations.

dence.

CXVI. Provided always, and be it enacted, That Proof of the Proof of Hand Hand Writing of any Sheriff or Stewart, before whom any such Writing of Affidavit shall be made as aforesaid, shall be sufficient Evidence Sheriff Eviof the Signature of such Sheriff or Stewart before any Committee of either House of Parliament, without any Witness being produced who was present at the Time when such Affidavit was

made.

CAP. L.

An Act for the rebuilding of London Bridge, and for improving and making suitable Approaches thereto.

[4th July 1823.] THEREAS the Mayor, and Commonalty and Citizens of the City of London, Time out of Mind have had, exercised and ought and have accustomed themselves to have and exercise the Office of Bailiff and Conservator of the Water of Thames, from the Town of Staines, in the County of Middlesex, unto * London Bridge, and from thence to Kendall otherwise Yenland otherwise Yeenleet, towards the Sea, and their Title to the said ⚫ Office has been confirmed by divers Charters and Acts of Par⚫liament:

R 4

« ElőzőTovább »