Recovery of Damages and Penalties. Poinding and made. Poinding not unlawful for Want of Form. Application of Penalties. Penalties to be Six Months. to levy such Penalty or Forfeiture and Expences, he or they may, if he or they think fit, refrain from issuing such Warrant; and in such Case, or if such Warrant shall have been issued, and upon the Return thereof such Insufficiency as aforesaid shall be made to appear to the Sheriff or Justices, then such Sheriff or Justices shall by Warrant cause such Offender to be committed to Gaol, there to remain without Bail for any Term not exceeding Three Months, unless such Penalty or Forfeiture and Expences be sooner paid and satisfied. CXL. Where in this or the special Act, or any Act incorporated therewith, any Sum of Money, whether in the Nature of Penalty or otherwise, is directed to be levied by Poinding and Sale, such Sum of Money shall be levied by Poinding and Sale of the Goods and Effects of the Party liable to pay the same: and the Overplus arising from the Sale of such Goods and Effects, after satisfying such Sum of Money, and the Expences of the Poinding and Sale, shall be returned, on demand, to the Party whose Goods shall have been seized. CXLI. No Poinding and Sale made by virtue of this or the special Act, or any Act incorporated therewith, shall be deemed unlawful, nor shall any Party making the same be deemed a Trespasser or Wrongdoer, on account of any Defect or Want of Form in the Summons, Conviction, Warrant, or other Proceeding relating thereto, but all Persons aggrieved by such Defect or Irregularity may recover full Satisfaction for the special Damage in an Action before the Sheriff Court. CXLII. The Sheriff or Justices by whom any such Penalty or Forfeiture shall be imposed, where the Application thereof is not otherwise provided for, may award not more than One Hali thereof to the Informer, and shall award the Remainder to the Kirk Session, or Treasurer or Collector of the Funds for the Poor, of the Parish in which the Offence shall have been committed, for the Benefit of the Poor of such Parish. CXLIII. No Person shall be liable to the Payment of any sued for within Penalty or Forfeiture imposed by virtue of this or the special Act, or any Act incorporated therewith, for any Offence made cognizable before the Sheriff or Justices, unless the Complaint respecting such Offence shall have been made before such Sheriff or some Justice within Six Months next after the Commission of such Offence. CXLIV. If, through any Act, Neglect, or Default on account whereof any Person shall have incurred any Penalty imposed by this or the special Act, or any Act incorporated therewith, any Damage to the Property of the Company shall have been committed by such Person, he shall be liable to make good such Damage as well as to pay such Penalty; and the Amount of such Damage shall, in case of Dispute, be determined by the Sheriff or Justices by whom the Party incurring such Penalty shall have been convicted; and on Nonpayment of such Damages, on demand. the same shall be levied by Poinding and Sale, and such Sheriff or Justices shall issue his or their Warrant accordingly. CXLV. It shall be lawful for any Sheriff or Justice to summon any Person to appear before him as a Witness in any Matter in which such Sheriff or Justice or Two or more Justices shall have Jurisdiction Jurisdiction under the Provisions of this or the special Act, or any Act incorporated therewith, at a Time and Place mentioned in such Summons, and to administer to him an Oath to testify the Truth in such Matter; and if any Person so summoned shall, without reasonable Excuse, refuse or neglect to appear at the Time and Place appointed for that Purpose, having been paid or tendered a reasonable Sum for his Expences, or if any Person appearing shall refuse to be examined upon Oath, or to give Evidence before such Sheriff or Justice or Justices, every such Person shall forfeit a Sum not exceeding Five Pounds for every such Offence. Recovery of Damages and CXLVI. It shall be lawful for any Officer or Agent of the Transient Company, and all Persons called by him to his Assistance, to seize Offenders. and detain any Person who shall be found committing any Offence against the Provisions of this or the special Act, or any Act incorporated therewith, and whose Name and Residence shall be unknown to such Officer or Agent, and convey him with all convenient Despatch before the Sheriff or a Justice, without any Warrant or other Authority than this or the special Act; and such Sheriff or Justice shall proceed with all convenient Despatch in the Matter of the Complaint against such Offender. CXLVII. Any Sheriff to whom any Application is authorized Proceedings by to be made, and before whom any judicial Proceeding shall in Sheriff need not consequence take place or become necessary under or by virtue of be in Writing. this or the special Act, or any Act incorporated therewith, shall and he is hereby authorized and required summarily to call before him all Parties who appear to him to be interested therein, and to proceed forthwith to hear vivâ voce, and pronounce Judgment regarding the Matters mentioned in such Application or Proceedings, or to do the several Matters and Things required by this Act to be done by him, without waiting the ordinary Course of the Roll of Causes before him, and without written Pleadings or a written Record, or reducing any Evidence which may be led by either of the Parties to Writing, unless and except where the said Sheriff shall consider that the Matters mentioned in such Application or Proceedings can with more Advantage be decided with written Pleadings and with a written Record, in which Case he shall proceed to make up a Record, and bring the said Matters to a Conclusion with all convenient Despatch; and the Orders and Judgments of the said Sheriff when pronounced without a Record shall be final and conclusive, and not subject to Review by Suspension or Advocation or to Reduction on any Ground whatever. CXLVIII. The Sheriff or Justice or Justices before whom any Form of ConPerson shall be convicted of any Offence against this or the special viction. Act, or any Act incorporated therewith, may cause the Convic tion to be drawn up according to the Form in the Schedule to this Act annexed. CXLIX. No Proceeding in pursuance of this or the special Act, Proceedings or any Act in corporated therewith, shall be quashed or vacated not to be or otherwise into any Superior Court. for Want of Form, nor shall the same be removed by Suspension quashed for Want of Form. CL. In all Cases which may come before any Sheriff Substitute Power of Apunder this or the special Act, or any Act incorporated therewith, peal to Sheriff. in which written Pleadings shall have been allowed, and a written Cc 3 Record Recovery of Damages and Penalties. Parties allowed to appeal from Justices to Quarter Ses sions on giving Security. Court to make such Order as they think reasonable. Special Act. Copies of special Act to be kept and deposited, and allowed to be inspected. Record shall have been made up, and where the Evidence which has been led by the Parties shall have been reduced to Writing, but in no other Case whatever, it shall be competent for any of the Parties thereto, within Seven Days after a final Judgment shall have been pronounced by such Sheriff Substitute, to appeal against the same to the Sheriff of the County, by lodging a Minute of Appeal with the Sheriff Clerk of such County or his Depute; and the said Sheriff shall thereupon review the Proceedings of the said Sheriff Substitute and whole Process, and, if he think proper, hear the Parties vivâ voce thereon, and pronounce Judgment; and such Judgment shall in no Case be subject to Review by Suspension or Advocation or to Reduction on any Ground whatever. any CLI. If any Party shall feel aggrieved by any Determination or Adjudication of Justices with respect to any Matter under the Provisions of this or the special Act, or any Act incorporated therewith, he may, unless otherwise specially provided, appeal to the General Quarter Sessions for the County or Place in which the Cause of Appeal shall have arisen; but no such Appeal shall be entertained unless it be made within Four Months next after the making of such Determination or Adjudication, nor unless Ten Days Notice in Writing of such Appeal, stating the Nature and Grounds thereof, be given to the Party against whom the Appeal shall be brought, nor unless the Appellant forthwith after such Notice enter into Recognizances, with Two sufficient Sureties, before a Justice, conditioned duly to prosecute such Appeal, and to abide the Order of the Court thereon. CLII. At the Quarter Sessions for which such Notice shall be given the Court shall proceed to hear and determine the Appeal in a summary Way, or they may, if they think fit, adjourn it to the following Sessions; and upon the hearing of such Appeal the Court may, if they think fit, mitigate any Penalty or Forfeiture, or they may confirm or quash the Adjudication, and order any Money paid by the Appellant, or levied by Distress upon his Goods, to be returned to him, and may also order such further Satisfaction to be made to the Party injured as they may judge reasonable; and they may make such Order concerning the Expences, both of the Adjudication and of the Appeal, as they may think reasonable. And with respect to the Provision to be made for affording Access to the special Act by all Parties interested, be it enacted as follows: CLIII. The Company shall at all Times after the Expiration of Six Months after the passing of the special Act keep in their principal Office of Business a Copy of the special Act, printed by the Printers to Her Majesty or some of them; and shall also within the Space of such Six Months deposit in the Offices of each of the Sheriff Clerks of the several Counties into which the Works shall extend a Copy of such special Act, so printed as aforesaid; and the said Sheriff Clerks shall receive, and they and the Company respectively shall retain, the said Copies of the special Act, and shall permit all Persons interested to inspect the same, and make Extracts or Copies therefrom, in the like Manner, and upon the like Terms, and under the like Penalty for Default, Special Act. as is provided in the Case of certain Plans and Sections by an Act passed in the First Year of the Reign of Her present Majesty, intituled An Act to compel Clerks of the Peace for Counties and 7W. 4. & 1 Vict. other Persons to take the Custody of such Documents as shall be c. 83. directed to be deposited with them under the Standing Orders of either House of Parliament. CLIV. If the Company shall fail to keep or deposit, as herein- Penalty for before mentioned, any of the said Copies of the special Act they failing to keep shall forfeit Twenty Pounds for every such Offence, and also Five or deposit Act. Pounds for every Day afterwards during which such Copy shall be not so kept or deposited. CLV. And be it enacted, That this Act may be amended or Alteration of repealed by any Act to be passed in this Session of Parliament. SCHEDULE referred to by the foregoing Act. to wit. Form of Conviction before BE it remembered, That on the in the Year of our Lord Day of A.B. is convicted before me C., the Sheriff [or before us D., E., Two of Her Majesty's Justices of the Peace] for the County of [here describe the Offence generally, and the Time and Place when and where committed, contrary to the [here name the special Act]. Given ander my Hand [or under our Hands], the Day and Year first above written. C. or 4722 D. E. Act. CA P. XXXIV. An Act for abolishing the separate Seal Office of the Courts of Queen's Bench and Common Pleas. [21st July 1845.] WHEREAS by an Act passed in the Sixth Year of the Reign of King George the Fourth, intituled An Act to 6 G. 4. c. 89. authorize the Purchase of the Office of Receiver and Comptroller of the Seal of the Court of King's Bench and Common Pleas, and of Custos Brevium of the Court of Common Pleas, it was recited, that the Office of Receiver General and Comptroller of the Seal of the Courts of King's Bench and Common Pleas was, by Letters Patent under the Great Seal of England, dated the Thirtieth Day of April in the Twenty-fifth Year of the Reign of King Charles the Second, granted to Henry Earl of Euston, afterwards Duke of Grafton, in Tail Male, and that the Office was then held by a Person entitled thereto under the said Grant; and it was by the said Act enacted, that it should be lawful for the Commissioners of the Treasury to treat, contract, and agree with the Person beneficially entitled to the Fees, Receipts, and Profits of the said Office, for the Purchase of all the Rights, Profits, Privileges, and Advantages whatever belonging thereto, for such Annuity, to be charged upon the Consolidated Fund of the United Kingdom, as the said Commissioners should think fit; and that from and after the Confirmation of the said AgreeCc 4 'ment Recovery of Damages and Penalties. Parties allowed to appeal from Justices to sions on giving Court to make such Order as they think reasonable. Special Act. Copies of special Act to be kept and deposited, and allowed to be inspected. Record shall have been made up, and where the Evidence which has been led by the Parties shall have been reduced to Writing, but in no other Case whatever, it shall be competent for any of the Parties thereto, within Seven Days after a final Judgment shall have been pronounced by such Sheriff Substitute, to appeal against the same to the Sheriff of the County, by lodging a Minute of Appeal with the Sheriff Clerk of such County or his Depute; and the said Sheriff shall thereupon review the Proceedings of the said Sheriff Substitute and whole Process, and, if he think proper, hear the Parties vivâ voce thereon, and pronounce Judgment; and such Judgment shall in no Case be subject to Review by Suspension or Advocation or to Reduction on any Ground whatever. CLI. If any Party shall feel aggrieved by any Determination or Adjudication of any Justices with respect to any Matter under the Provisions of this or the special Act, or any Act incorporated therewith, he may, unless otherwise specially provided, appeal to the General Quarter Sessions for the County or Place in which the Cause of Appeal shall have arisen; but no such Appeal shall be entertained unless it be made within Four Months next after the making of such Determination or Adjudication, nor unless Ten Days Notice in Writing of such Appeal, stating the Nature and Grounds thereof, be given to the Party against whom the Appeal shall be brought, nor unless the Appellant forthwith after such Notice enter into Recognizances, with Two sufficient Sureties. before a Justice, conditioned duly to prosecute such Appeal, and to abide the Order of the Court thereon. CLII. At the Quarter Sessions for which such Notice shall be given the Court shall proceed to hear and determine the Appeal in a summary Way, or they may, if they think fit, adjourn it to the following Sessions; and upon the hearing of such Appeal the Court may, if they think fit, mitigate any Penalty or Forfeiture, or they may confirm or quash the Adjudication, and order any Money paid by the Appellant, or levied by Distress upon his Goods, to be returned to him, and may also order such further Satisfaction to be made to the Party injured as they may judge reasonable; and they may make such Order concerning the Expences, both of the Adjudication and of the Appeal, as they may think reasonable. And with respect to the Provision to be made for affording Access to the special Act by all Parties interested, be it enacted as follows: CLIII. The Company shall at all Times after the Expiration of Six Months after the passing of the special Act keep in their principal Office of Business a Copy of the special Act, printed by the Printers to Her Majesty or some of them; and shall also within the Space of such Six Months deposit in the Offices of each of the Sheriff Clerks of the several Counties into which the Works shall extend a Copy of such special Act, so printed as aforesaid; and the said Sheriff Clerks shall receive, and they and the Company respectively shall retain, the said Copies of the special Act, and shall permit all Persons interested to inspect the same, and make Extracts or Copies therefrom, in the like Manner, and upon the like Terms, and under the like Penalty for Default, |