Page:Ruffhead - The Statutes at Large - vol 6.djvu/278

2i6. C. 20. Anno nono Georgii II. A. D. 1736. 5). Penalty on tollvftors re- futing to ac- count at the ■Wardmote on or near St. Thomas's Day. Warrants of Dtftrefs how ■and. by whom to be granted. The Manner of determining and levying pecuniary Pe- nalties. ■Power of mi- tigating the faid Penalties. Quartei-Seffi- -Ons linully to determine Ap- peals. iPcnalties how to be applied. ■Limitation of /tftions. General 111 us. hundred and thirty-fix, to order and appoint a Rate and Affeffment to be made purfuant to the. Powers hereby granted and given, to commence on the twenty-fifth Day of March preceding, and to continue till the twenty-fifth Day of December following ; and that the faid Mayor, Aldermen and Com- mons, in Common Council affembled, (hall yearly and every Year between the iiril Day of January and the laft Day of February order and direct what Rates and AffelTrnents (hall be made on the Inhabitants for the Purpofes aforefaid, which Affeffment (hall be for one whole Year, commencing the twenty-fifth Day of December preceding the faid Order. XX. And be it further enacted by the Authority aforefaid, That if any Collector or Collectors (hall neglect or refufe to bring in his and their Accounts to the Alderman of the Ward at the Wardmote held on or near Saint Thomas's Day, he or they (hall refpectively forfeit the Sum of five Pounds, and in like Manner the fame Sum of five Pounds for every twenty Days he or they detaia the faid Account, to be recovered and levied by fuch Ways and Means as herein after in this At is mentioned. XXI. And to prevent as much as may be any Deficiency happening in the collecting the Rates and Affeffments aforefaid, be it further enacted, That the Collector or Collectors of all and every the Wards of the faid City (hall and he and they are hereby required in Cafes of Refufal or Nonpayment of the fereral Rates and Affeffments aforefaid within thirty Days after the refpective Rates and Afieffments (hall become due, to apply to the Lord Mayor for the time being, or to the Alderman of the refpective Wards where fuch Refufal or Non-payments (hall happen, for a Warrant to diftrain for the laid Rate and Af- feffment, and (hall take care to execute or caufe the fame to be duly executed. XXII. And be it further enacted by the Authority aforefaid, Thatit (hall and may be lawful to and for the Lord Mayor for the time being, or any two or more Juftices of the Peace for the City of London, to hear and determine any of the Offences which are made fubject to and punifhable by any pecuniary Penalties directed to be levied by this Act ; and fuch Juftices of the Peace are hereby authorised and re- quired upon any Informations exhibited or Complaint made in that Behalf within ten Days after fuch Offence committed, to fumrnon the Party or Parties accufed, and the Witneffes on either Side, and after Oath of the Commiffion of any of the Facts above-mentioned by one or more credible Witnefs or Wit- neffes to iffue a Warrant or Warrants for apprehending the Party offending in the faid City of Lon- don, and upon the Appearance or Contempt of the Party accufed in not appearing, upon the Proof •of Notice given, to proceed to the Examination of the Witnefs or Witneffes on Oath (which Oath they, are hereby authorized, impowered and required to adminifter) to give fuch Judgment, Sentc.ee or Determination, as (hall be juft and conformable to the Tenor and true Meaning of this Act. And where the Party accufed (hall be convicted of fuch Offence, either by View of the faid Juftices, •or any of them, or upon fuch Information as aforefaid, or on Confeffion or the Party accufed, it (hail and may be lawful for fuch Juftices to iffue Warrant or Warrants for the levying ihe pecuniary Penal- ties and Forfeitures fo adjudged on the Goods and Chatties of the Offender, and to caufe Sale to be made thereof, in cafe they (hall not be redeemed in five Days, rendring to the Party the Overplus, if any there be ; and in cafe any Perfon or Perfons (hall be conviited in purfuance of this Act of break- ing, throwing down or extinguishing any Lamp to be hung or fet up as aforefaid, and no Goods or Chatties of any Perfons fo offending can at the Time of fuch Conviction be found, then and in-fuch Cafe it (hall and may be lawful to and for the Juftice or Juftices of the Peace before whom fuch Per- fon or Perfons (hall be convicted as aforefaid, to commit fuch Offender to the Houfe of Correction, there to be kept to hard Labour for any Time not exceeding the Space of three Months, or until fuch pecu- niary Penalty or Penalties (hall be paid. XXIII. Provided neverthelefs, That it fh.aH and may be lawful to and for fuch Juftices of the Peace from time to time, where they fee caufe, to mitigate, compound or leffen any of the faid For-* feitures or Penalties as they in their Difcretion (hall think fit, fo as fuch Mitigation do not extend to te- mit above one Moiety of the Penalties inflicted and directed to be levied by this Act ; and every fuch Mitigation (hall be a fufficient Difcharge to the Perfons offending refpectively, for fo much of the faid Penalties and Forfeitures as (hall be fo leffened, mitigated or remitted. XXIV. Provided alfo, That if any Perfon or Perfons (hall find him, her or themfelves aggrieved, or remain unfatisried in the Judgment of the faid Juftices, then fuch Perfon or Perfons lhail and may by virtue of this Act complain or appeal to the Juftices of the Peace at their next Quarter- Seifions to be- held for the laid City of London, who are hereby impowered to fummon and examine Witneffes upon Oath, and finally to hear and determine the fame ; and in cafe of .Conviction to iffue Warrant or War- rants for levying and compelling by fuch Means as aforefaid the Payment of the faid Penalties and For- feitures. XXV. And it is hereby further enacted by the Authority aforefaid, That all the Penalties to be levied by virtue of this Act (hall be paid and applied in Manner following ; that is to fay, one Moiety thereof to the Perfon or Perfons who (hall inform and fue for the fame, and the other Moiety to the Alderman of the Ward where fuch Offence (hall be committed, to be by him paid over into the Chamber of Lon- don, to be accounted for and applied as Part of the Fund for providing and mainiaining fuch Lights within the faid City as aforefaid. XXVI. And be it further enacted by the Authority aforefaid, That if any Action or Suit (hall be commenced againft any Perfon or Perfons for any Thing done in purfuance of this Act, that in every fuch Cafe the Action or Suit (hall be brought within Six Months next after the Fact committed, and not afterwards, and (hall be laid and brought in London, and not clfewhcre ; and the Defendant or De- fendants in fuch Action or Suit fo to be brought (hall and may plead the General Iffue, Not guilty, and give this Act and the fpecial Matter in Evidence, at any Trial to be had thereupon ; and. if the 4 Plaintiff