Page:Ruffhead - The Statutes at Large - vol 7.djvu/758

y38 C. 41 — 4.5. Anno vicciimo noiio Georgii II. A* D. 1756. for want of Coiividion ' or Comi£ions of any OiTcnder or Oifenders againft this Aft, fliall be quaflied or vacated fcr form, nor re- wuDt of Form only ; or be removed or rcniovabie by Certiorari, or any other Writ or Procels vvhatfoever, moved by Cer- ^,,i(-q ^ny of his Majcfty's Courts of Record at Wcjlminfler. tioran. '^j. Provided always, and it is hereby further enadfed by the Authority aforefaid, That in cafe any Per- rerfonEaggrietcd fon or Pcrfotis fliall thiiik him, her or themfelves aggrieved by any Orders or Proceedings of any fuftice or TVff"' '" J^ift'ces of the Peace, which fhall be made or had under this Aft, it ftiall and may be lawful forYuch Per- t e 8 ions, ^^^ ^^ Perfons to appeal to the Juftices of the Peace at their next General Quarter-Seflions of the Peace to be held for the County, City or Borough in which any Warrant fhall be fo granted, or Order fo made ; and tbe Juftices of fuch faid General Quarter-Seflions are hereby required to hear and finally determine every Court may fuch Appeal and Appeals, and fliall av/ard to the Party or Parties for v/hom fuch Appeal fhall be deter- awiraCofls, mined, fuch Cofts as to them in their Difcretion {hall feem reafonable, and fhall raife ani levy by their Or- der or Warrants fuch Cofls as fhall be awarded by Diftrefs and Sale of the Goods and Chattels of any Pcr- fon or Perfons who fhall be ordered to pay the fam.e. Charges of pair- XLI. And be it further enaded by the Authority aforefaid, That all the Cofts and Charges of obtaining, b'^airo'ufof' ° '^y reafon of paffing this A£i:, fliall, as foon as may be, be paid out of the Money to be raifed and re- thefirft Money ceived by virtue thereof. raifed. XLTI. And be it further enabled by the Authority aforefaid. That the feveral Tolls and Duties hereby Tolls to conti- appointed to be raifed and levied for the Purpofes aforefaid, fhall have Continuance and be received, had, nuetiilthePrin- j-^ifed, collciSled and taken, until fuch Time as the Monev which fhall be borrowed by virtue of this Acl, of Mone bo" and the Intereft thereof, fhall be fully fatisfled and paid. rowed b/repaid. XLIII. And be it enafted by the Authority aforefaid. That if any Aftion fhall be brought, or Suit corn- Limitation of nienced againft any Perfon or Perfons for any Thing done in purfuance of this A.(3:, or in relation to the Adions. PremilTes, or any of them, fuch Aftion or Suit fhall be laid or brought within fix Months next after the Faft done ; and fhall be laid or brought in the City of London or County oi Surry, and not elfewhere ; and General Iffiie, the Defendant or Defendants in fuch Aftion may plead the General IfTue, and give this Act and th^ Special Matter in Evidence at any Trial to be had thereupon, and that the fame was done in purfuance and by Au- thority of this Aft; and if the fame fhall appear to have been fo done, or if any fuch AcSion or Suit fhall not be brought within the Time before limited, or fliall be brought in any other County or Place than as aforefaid, then the Jury fhall find for the Defendant or Defendants ; or if the Plaintiff or Plaintiffs fhall become nonfuited, or fuffer a Difcontinuance of his, her or their Aftion or Aflions ; or if a Verdift fhall pafs againft the Plaintift' or Plaintiffs ; or if upon Demurrer Judgment fhall be given againft the Plaintiff or Treb'e Cofts. Plaintiffs, the faid Defendant or Defendants fhall have treble Cofts, and fhall have fuch Remedy for reco- vering the fame, as any Defendant or Defendants hath or have for Cofts in other Cafes by Law. Publicfc Aft. XLIV. And it is hereby further ena£fed. That this Aft fhall be deemed a publick Aft, and fhall be i'i-efaribcr taken Notice of as fuch by all Judges, Juftices and other Perfons whatfoever, without fpecially pleading 3' ^•'•^•'•"o- the fame. CAP. XLI. An Aft for explaining and amending two Afts of Parliament, one made in the eleventh Year of his Majc- fty's Reign (For repairing t/:e Road /ran Shoredhch Church, through Hackney to Stanford Hill, and crofs Cambridge Heath oz;«- Bethnal Green, to th,; Turnpih at MWe End in the Ciunty oj" Middlekx) and the other made in the twenty-fixth Year of his Majefty's Reign (For enlarging the Term arid Powers granted hy tlje faid former Ai^) and for impowering the Truftees to ereft and maintain Lamps, and keep a Guard, upon the faid Roads in the Night-time. P R. CAP. XLIL An idi 'for enlarging the Coemetery or Church-yard of the Parifh of Saint Mary Newington Butts in th<$ County of Surry, CAP. XLin. An Aft for making and widening a Road from the Eaft Side of the Parifh of Saint Mattheiv Bethnal Green in the County oi Middlefex, to the Eaft End of Church Street in the faid Parilhj and to open a Way or Road into Shoreditch, and keeping the fame in Repair. PR. CAP. XLIV. An Aft to enable the Truftees for repairing Old Street Road, to repair, widen and make a Road from the Sign of The Red Lion on JFindmill Hill, through JForfljip Street, to the Ditch Side next the Eaft Side of Holy Tf'cll Mount, Txni through a certain Ground to the Sign of The London Apprentice, in the PariQics of Sa t Luke and Szint Leonard Shoreditch in the County of Alidd/ifex; or to lay open, repair and widen a Road from the faid Red Lion, through the Dog Bar, into the Old Street Road in the faid County. P R. CAP. XLV. An Aft for repairing and widening the Roads leading from a Pond belonging to Henry Eyre Efquire, in the Vmih olPFhitepariJlj in ihii County of IPllts, to the Top of Ditmvood Hill; and from thence over G;v<j/ Bridge