Page:Ruffhead - The Statutes at Large - vol 8.djvu/307

A. D. I757* Anno triceflmo primo GeorgiiII. C. 29. 273 XXXIX. Provided alfo, and be it further enabled by the Authority aforefald, That if any fuch If the Conviction mail Convidlion fhall happen to be made within fix Days before any General or General Quarter- Sellions q^^^^'} I^C ^'^ ^^"'1'" of the Peace which ihall be held for the County, Riding, Divifion, City, Tov/n Corporate, Bo- pe'fn°aythe5 hT^^-jJ' rough or Place where fuch ConvicSlion (hall have been made, then the Party or Parties who fiiall to the SeiTjons foliovMng, think him, her or themfelves aggrieved by any fuch Convi6lion, Ihall and may, on entering into a Recognizance in Manner and for the Purpofes before direded, be at Liberty to appeal either to the then next or the next following General or General Quarter- SefTions of the Peace, which fhall be held for any fuch County, Riding, Divifion, City, Town Corporate, Borough, Liberty or Place, where any fuch Conviction fhall have been made. XL. And be it further enabled by the Authority aforefaid. That every A£lion or Suit which fliall Limitation of Actions be brought or commenced againft any Magiftrate or Magiftrates, Juftice or Juftices, or any Peace againft Magirtraies, and Officer or Officers, for any Matter or Thing done or committed by virtue of or under this A6t, Jj^J.^"; ^"'^ ^'""^^ iliall be commenced within fix Months next after the Fa£l committed, and not afterwards ; and fhall be laid or brought in the County, City or Place where the Matter in Difpute (hall arife, and not elfewhere ; and that the Statute made in the twenty- fourth Year of his prefent Majefty's Reign, intituled, Jn A£i for rendering the 'Jujlices of the Peace more f of e hi the Execution of their Act of 24. Geo. a. ex- Office J and for indemnifying Confiables, and others, aSiing in Obedience to their Warrants ; fo far as the tended to Magiftrates and faid hSt relates to the rendering the Juftices more fafe in the Execution of their Office, fhall extend Jufti«s acting under Au- and be conftrued to extend to the Magiftrate and Magiftrates, Juftice and Juftices of the Peace "^ ° *'"' ^"* adting under the Authority or in Purfuance of this A£t ; and that no A£lion or Suit ihall be had or Seven Days Notice to be commenced againft, nor Ihall any Writ be fued out, or Copy of any Writ be ferved upon any given to Peace Officer*, Peace Officer or Officers, for any Thing done in the Execution of this Act, until feven Days after befoietiieifruingoutany a Notice in Writing fhall have been given to or left for him or them, at his or their ufual Place of -^c^on ^e*'"** 'hem. Abode, by the Attorney for the Party intending to commence fuch AcSlion ; which Notice in Wri- Notice to contain the ting fhall contain the Name and Place of Abode of the Perfon intending to bring fuch Adion, and p/XuTot "^nt hif A *!* alfo of his Attorney, and lilcewife the Caufe of Adlion or Complaint: And any Peace Officer or fp^j.°^"'°^'^j ^"^^j-g'^ijf "■' Offic«rs fhall be at Liberty, and may by virtue of this A£l, at any Time within kvQa Days after Action. any fuch Notice fhall have been given to, or left for him, tender or caufe to be tendered, any Sum Officer may tiiereupon or Sums of Money, as Amends for the Lijury complained of, to the Party complaining, or to the malce Tender of Amends j Attorney named in any fuch Notice; and if the fame is not accepted of, the Defendant or Defen- and pkad the laiT-.c, toge- dants in any fuch Aaion or Adions may plead fuch Tender in Bar of fuch Aition oWVaions, to- Jj?'^"^'^^ In B«^of7uch gether with the General Iffue, or any other Plea, with Leave of the Court in whiW the Action Ac'tionr* '" fhall be commenced : And if upon Iflue joined on fuch Tender, the Jury fhall find the Amends tendred to have been fufficient, they fhall find a Verdidt for the Defendant or Defendants : And in every fuch Cafe, or if the Plaintiff jfhall become nonfuit, or difcontinue his Action ; or if Judgment fliall be given for the Defendant or Defendants upon Demurrer; or if any A6lion or Suit fhall be brought after the Time limited^y this A61: for bringing the fame, or (hall be brought in any other County or Place than as aforefaid ; then and in any fuch Cafe, the Jury (hall find for the Defen- dant or Defendants ; and the Defendant or Defendants fliall be intitled to his or their Cofts : But P*^«"*'*"^"°^"'"gfo if the Jury (hall find, that no fuch Tender was made, or that the Amends tendered were not fuf- '^«^"°«^<* his Cofts. ficient, or (hall find againft the Defendant or Defendants, on any Plea or Pleas by him or them pleaded ; they (hall then give a Verdi6l for the Plaintiff, and fuch Damages as they fhall think pro- Plaintiff recovering, iiul. per; and the Plaintiff fhall thereupon recover his Cofts againft every fuch Defendant and De- ^^*1^°°3"^8" a"<l fendants. , ^^'^ XLL And be it further ena£}:ed by the Authority aforefaid. That If any Action or Suit fliall be Perfons fued on this Act commenced againft any Perfon or Perfons for any Thing done in purfuance of this A£t, the Defen- may plead the General ' dant or Defendants in any fuch Action or Suit may plead the General Iffue, and give this Aft, and ^'^^e j the Special Matter in Evidence, at any Trial to be had thereupon ; and that the fame was done in purfuance and by the Authority of this A61 : And if it (hall appear fo to have done, or if a Verdi(ft fhall be recorded for the Defendant or Defendants ; or if the Plaintiff fhall be nonfuited, or diicon- tinue his Action, after the Defendant or Defendants fhall have appeared ; or if Judgment (hall be and obtaining a Verdict, given, upon a Verdi£t or Demurrer, againft the Plaintiff or Plaintiffs ; the Defendant or Defen- '"°^'" treble Cofts. Hants in every fuch Adion (hall and may recover Treble Cofts ; and have the like Remedy for the fame as any Defendant or Defendants hath or have in other Cafes by Law for Recovery of his, her cr their Cofts. XLIL Provided always. That no Perfon fhall be convi£led. In Manner aforefaid, for any of P^ofecution to be com- the before mentioned Offences, unlefs the Profecution, in order to fuch Conviaion, be commenced r]"enced within three within three Days next after the Offence committed. _ ^ °'^' '^'" '^ °^'"'*' XLIII. Provided alfo, and be it enaded. That this Aft, or any Thing herein contained, fhall General Refervation not extend to prejudice any Right or Cuftom. of the City of London, or the Practice there ufed, or of Rights. £ny Right or Cuftom of any Lord or Lords of any Leet, to fet, inquire, and puni(h, the Breach of A(iize of Bread, within their refpedlive Leets or Views of Frank Pledge, or the Right of any Clerk or Clerks of the Market in any Place. XLIV. Provided further, and it is hereby likewlfe enadled. That neither this A61, or any Thing Refervation of Rights of herein contained, (hall extend, or be conftrued to extend, to prejudice the ancient Right or Cuftom the Dean and High of the Dean of the Collegiate Church of Saint Peter, Wejlminfier, or the High Steward of the City Steward of Weftmmfter, of Wejlminfter, and the Liberties thereof, or his Deputy, or any of them, to fet, afcertain and ap- to fet an Affize of Bread, point, the Affize and Weight of all Sorts of Bread to be fold or expofed to Sale within the faid S^of wSSti" Vol. Vin. N n City ' '