Page:Ruffhead - The Statutes at Large - vol 8.djvu/526

492 ■Viho is 1 kewife to (de- termine by whom the V/ht^le, or any Part thereof, otght to fce and on thdr refufal of Payment accordingly C. Anno tricefimo tertio Georgii II. A. D. 1759, rized to afcertain the fame; and alfo to determine and adjudge whether all or what Part of fuch Charges ought to be paid by the Proprietors of fuc}) Water-works, or whether any and what Part thereof ought to be paid by the Perfon or Perfons who was or were liable by Lav/ to have made good fuch Pavement, in cafe the fame had not been damaged by fome of the Means as aforefaid : And if the Proprietors of fuch Water-works (hall not, on Demand being made at their publick Of- fice, or on their Colledor of the Diftri<St as aforefaid, of the Money which fliall be ordered to be ir.a'v levy the Charge by paid by them by any fuch Juftice or Juftices as aforefaid, pay the fame, within the Space of three Diftrefs and Sa.e, Davs next after any fuch Demand as aforefaid fhall be made thereof; or if any Perfon or Perfons liable by Law to have made good any fuch Pavement as as aforeiaid, fliall not pay fuch proportion- able Part of the Charges of making good the fame, as any fuch Juflice or Juftices as aforefaid fhall determine and afcertain, by any Order which fhall be made and figned by him or them, ought to be paid by fuch other Perfon or Perfons refpeclively, within the Space of three Days next after any fuch Notice thereof fliall have been given to, or left for, fuch other Perfon or Perfons, at his, her or their ufual Place of Abode, and Demand of Payment thereof fhall be made on him, her o: them, or at his, her or their ufual Place of Abode; then on Oath being made of fuch Demand, and of the Money fo ordered to be paid remaining unpaid by the Space of three Days from the Time of the fame having been demanded as aforefaid (and which Oath every fuch Juftice and Juftices as aforefaid is and are hereby refpedively impowered to adminifter) any fuch Juftice or Juftices fhall, by Warrant under his Hand and Seal, or their Hands and Seals, direfted to the Conftables of the faid City, caufe the Expences of amending every fuch Default in Pavement, defe£live or improper Pavement, or new or relaying any fuch Pavement as aforefaid, which fliall have been amended or re-laid under any fuch Order as aforefaid, to be levied by Diftrefs and Sale of the Goods and Chat- ties of the Proprietors of fuch Water-works, or of the Collector as aforefaid of the Diftri£l in which any fuch Default of Pavement as aforefaid fhall have been, or of the other Perfons liable to make good any fuch defective Pavement, in fuch Proportion as any fuch Juftice or Juftices as aforefaid Ihall determine and afcertain the fame ought to be fo paid, together with the Charges of every fuch Piftrefs and Sale, rendering the Overplus, if any, to the Owners thereof; and which Money, when levied, fhall be paid to the Paviour or Paviours who fhall have been employed by any fuch Juftice or Juftices as aforefaid, and have amended, repaired, or re-layed, any fuch Pavement or or Pavements as aforefaid. XXX. And be it further "enabled by the Authority aforefaid. That the Inhabitant of any Parifh, where any Oftence againft this Ait fhall have been committed, fhall be admitted and allowed to be. a competent Witnefs, notwithftanding his or her Inhabitancy in fuch Parifti. Ko Order of a Juftice XXXI. And it is hereby alfo enacted by the Authority aforefaid. That no Order which^ may be quafhe4 tor want^j^jj ^^ made by any Juftice or Juftices, by virtue of or under this A£t, or any other Pro- of Form, ceedings to be had, touching the Convi61:ion or Convidtions of any Offender or Offenders againft. or removed by Certiorari, this A£t, fliall be quaflied or vacated for want of Form only; or be removed or removeabie by Certiorari, or any other Writ or Procefs whatfoever, into any of his Majefty's Courts of Record at IVe/iminJier. XXXII. And be it ena£led by the Authority aforefaid. That if any A£lion fliall be brought, or Suit commenced, againft any Perfon or Perfons, for any thing done in purfuance of this AiR:, , or in relation to the Premilles, or any of them, fuch A£tion or Suit fhall be laid or brought within fix Months next after the Fa6t done ; and fhall be laid or brought in the City of LoK'- jon, and not el fe where : And the Defendant or Defendants in fuch A61ion may plead the General* Hfue, and give this Adi and the Special Matter in Evidence at any Trial to be had thereup6n ; and that the fame was done in purfuance and by Authority of this Ai5l : And if the fame: Ihall appear to have been fo done, or if any A6tion or Suit fhall not be brought within the Time before limited; or fhall be brought in any other County or Place than as aforefaid;. then the Jury fliall find for the Defendant or Defendants ; or if the Plaintiff or PhintifFs fhall be- come nonfuited, or fuffer a Difcontinuance of his, her or their Action or Actions ; or if a Verdict fhall pafs againfl the Plaintiff or Plaintift's ; or if, upon Demurrer, Judgment fliall be given againft the Plaintiff or Plaintifts ; the faid Defendant or Defendants fhall have Treble Cofts, and fhall have fuch Remedy for recovering the Came, as any Defendant or Defendants hath or have, for Cofts, iiXi other Cafes by Law. XXXIII. And it is hereby further ena£led, That this A£l fhall be deemed a Publick AtSl;-, and fliall be taken Notice of as fuch, by all Judges, Juftices, and all other Perfons whatfoever, without fpecially pleading the fame. Inhabitants deemed ccm- j>eieat Witnelles. Limitation of Alliens. Ccneral I/Tue. fttyt Coftj. fubUck Aft. Firji