Page:Ruffhead - The Statutes at Large - vol 8.djvu/100

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66 C. 21. Anno tricefimo Georgii II. A. D. 1757. or Court of Confervacy, is hereby required upon receiving the faid ConvitStion, drawn up in the Form af'orefaid, to proceed to the Hearing and Determination of the Matter of the faid Appeal, according to the Directions of this A&.; any Law or Ufage to the contrary notwithftanding. Con»iflion. or Xfll. And be it further enacted by the Authority aforefaid. That no Writ of Certiorari, or other

  • '-^h^'cu"rTnot '^'^'^i^ or Procefs for Removal of any fuch Convi<flion, or any Proceedings thereon, into any of his Ma-

jtmovabie by jefty's Courts of Record at Wejhttinjier, {hall be allowed or granted. Cecticrarj. It the O render XIV. And it is hereby further enabled, That in cafe any Perfon, againft whom a Warrant fhall be efcapf o It o» the j^j-j^gj by the faid Mayor, Recorder, or any Alderman, or Juftice of the Peace, either before or after "'he Perfun"rant- Convidtion as aforefaid, for any Offence againft this A(St, {hall efcapc, go into, refide, or be in any other in? a Warrant County, Riding, Divifion, City, Liberty, Town or Place out of tiie Jurifdidtion of fuch Perfon grant- agiicfi hini, ing fuch Warrant or Warrants as aforefaid ; or if the Goods and Chattels of any Offender convidted of cr if hi? Goods any Offence in purfuance of this Acl, {hall be in a different County, Riding, Divifion, City, Liberty, be in adiflerent yo^n or Place than where the faid Party was convifted, or the Warrant of Diffrefs granted j it {hall an^""l7ftice of ^"^ m-^Y ^6 lawful for the faid Mayor, Recorder, or any Alderman as aforefaid, or any Juffice of the the i^eaie, &c. Peace of the County, Riding, Divifion, City, Liberty, Town or Place into which fuch Perfon {hall may indorie the efcape, either before or after Conviction, or where his Goods and Chattels {hall be, after fuch Convic-. Warrant, tion ; :'.nd they and every of them are hereby required, upon Proof made upon Oath of the Hand W- ting of the faid Mayor, Recorder, Alderman or Juftice granting fuch Warrant or Warrants, to indorfe and Peace Officer his or their Name or Names on fuch Warrant ; and the fame, when fo indorfed, {hall be a fufficient Au- exccute the fame; thoriry to all Peace Officers to execute fuch Warrant in fuch other County, Riding, Divifion, City, 2nd the Offender Town or Place out of the Jurifdiftion of the Perfon granting the faid Warrant; and the faid Mayor, maybetred by Recorder, Aldermen and Juftices rcfpe(5tively, or any one of them, as the Cafe {liall happen, after in- fuch J]^^' ""^ dorfuig the faid Warrant, may, on the Offender or Offenders being apprehended and brought before to'be"tried by the ^'""^ ^^'<^ Mayor, Recorder, Aldermen or Juftices, or any one of them, within their refpe£tive Jurifdic- pcrfon granting tions, proceed to hear and determine the Complaint, in the fame Manner as if it had originally arofe the Warrant. vithin their refpcdtive Jurifdi(5tions, or may direct the Offender to be carried to the Perfon who granted the fp.id Varrant, to be dealt with according to Law. Rtghts *"^^^^ XV. Provided always, and it is hereby enaded and declared. That nothing in this A£l contained {hall tyo^r London, <^^t<^'id or enure to prejudice or derogate from the Rights, Privileges, Franchifes or Authority of the andof the Mayor City of Lonclo)!, or any Rights, Privileges or Authority exercifed by the Mayor of the faid City for the and Corporation, Time being, as Confervator as aforefaid j or to prohibit, defeat, alter or diminifh any Power, Authority rcferved. or Jurifdi^tion, which at the Time of making this Aft, the Mayor, Commonalty and Citizens of Lon* The Mayor, as don. Or the Mayor of the City of London, as Confervator of the faid River of Thames and Waters of Coiifervatcr.ir.ay Medvjay, did or n.ight lawfully claim, ufe or exercife ; and further, That it {hall and may be lawful to try by ^^'^"'■^ and for the faid Mayor of the faid City for the Time being, in like Manner as he hath ufed to do in other nient 7li unlaw- Cafes, to inquire of, hear and detern',ine, by Prefentment or Indictment taken before him as Confervator fuian'd undue of the faid River and Waters, all unlawful and undue Fi{liing, and taking and deftroying Fifh, and all F.fting, and o her Ofi^ences contrary to fuch Rules, Orders and Ordinances as {hall be made by the faid Court of otbe. Offences Mayor and Aldermen, and allowed and approved of as aforefaid ; and upon Conviction of any fuch Of- contrary to the^ fender or Offenders, to impofe a Fine on him, her or them for the faid Offence, not exceeding the Pc- Bcfe"fuitabie""" naltics which {liall be infliCted in and by the faid Rules, Orders or Ordinances ; and which Fine or Fines, to be ap- Fif.e;, when levied and recovered, fhall be applied and diftributed in like Manner as the Penalties in- fiiedasPenait'ies fiiCted by the faid Court of Confervacy have been ufually applied and diftributed j but no Perfon (hall be infi.acd by the puniihcd twice for one and the fame Offence. Court of Confcr- L^mitation of XVI. And be it further enaCted by the Authority aforefaid. That all ACtions, Suits and Informations, A£tioni. which fhall be commenced and profecuted againft any Perfon or Perfons for any Thing which he, {he or they fiiall do, or caufe to be done in purfuance of this ACt, fliall be commenced, fued or profecuted within fix Months next after the Caufe of ACtion {hall accrue ; and all fuch Perfons againft whom any fuch Actions, Suits or Informations {hall be commenced, fued or profecuted, {hall and may plead the Cejieial IfTue. General Ifl'ue, and give this Act and the Special Matter in Evidence ; and if in any fuch Suit, the Plain- tiff' or Profccutor fliall become nonfuit, or fhall forbear Profecution, or difcontinue his Suit; or if a Verdict fhall pafs, or Judgment {liall be given againft him upon a Demurrer, then and in any fuch Cafe, Double Cc-fts. the Defendant or Defendants {hall recover double Cofts, for which he or they {hall have like Remedy, as when Cofts by Law are awarded ; and this ACt fliall be taken and allowed in all Courts within this King- PuUick Afl. dom as a publick ACt ; and ail Judges and Juftices are hereby required to take Notice thereof as fuch, without the fame being fpecially pleaded. Act i4 G. 2. XVII. And be it further enaCted by the Authority aforefaid. That the Statute made in the twenty- 14. extended fourth Year of his prefcnt Majefty's Reign, intituled, Jn A.^ for the rendering ^tijlices cf the Peace more MigiftrattJ j-j-^ jfj fijg Execution of their Office; and for indemnifying Conjlables and others, ailing in Obedience to their ng undenhs fp'-^rrant^ fo far as the faid ACt relates to the rendering Juftices of the Peace more fafe in the Execution of ' their Office, fhall extend and be conftrued to extend, to the Mayor, Recorder and every Alderman of the faid City of London, and to every Juftice and Juflices of the Peace, aCting under the Authority or in the ai.d no Action is Execution of this ACt; and no Aftion or Suit fhall be had or commenced againft, nor any Writ fued in.i.W« aeamfv ^J^^f^ ^^^ Copy of Writ ferved upon the faid Water Bailiff", his Affiftant or AfTiftants, or any other Ofllcer NatVcrbeViv-^^n ^^ Officers, for any Thing done in Execution of this ACt, until Notice in Writing fliall have been given iuoi tlieuof J 'O c. 44 to acting u»ider