Page:Ruffhead - The Statutes at Large - vol 9.djvu/110

60 C. 23. Anno tertio Georgii III. A. D. 1762. to the faid Commiffioners, for thofc Purpofes refpedtively; but if any Perfon or Perfons fhall ere<5t or fet up, or caufe to be erected or fet up, any fuch Inclofures, Ports, Bars or Rails, or any oth' r Matter or Thing, for the Purpofes aforefaid, without Leave firft had and obtained, every fuch Per- fon fhall be liable to the fame Forfeiture, as he or (he are now liable to, under the faid former Act, for doing thereof without the Confent of the faid Commiffioners, or § any three or more of them; .:ny thing in the faid former Act to the contrary thereof notwithftanding. Cbofe in Act 19 G:o. ' XV. And whereas by an Aft made in the twenty-ninth Year of the Reign of his late Majefty z. c. 25. concerning « King George the Second, intituled, An All for appointing a fufficient Number of Conftabks for Preferments by the An- c ^ Service of the City and Liberty a/" Weftminfter; and to compel proper Perfons to take upon them the Boyance Jury, repealed, t. /-a; r .-v- 7 J . r J -r j ,i /-, n- '•;•'; r • J /->■ i t ■/ t- yjpee of jurymen, to prevent fwuijances and other UJfences, within the Jaid City and Liberty; It is ' enacted, That the Jury of Annoyance fhall, as often as directed by the Court Leet for the faid ' City and Liberty, ftrictly inquire into and prefent to the faid Court, all defective or bad Pave- ' ments, and all Annoyances in obftructing of, or Incroachments upon, any of the publick Ways ' or Paflages, within the City or Liberty of JVeftminfter, which are to be prevented or removed, as ' in the faid Act is defcribed : And whereas it is apprehended, that the Pavements within the faid ' City and Liberty may be better taken Care of and provided for, under the Powers of the faid Act ' made in the laft Scffion of Parliament, and of this Act;' Be it therefore further enacted by the Authority aforelaid, That fo much of the faid Act made in the twenty-ninth Year of his faid late Majefty, as relates to the Pavements within the faid City and Liberty, fhall be, and the fame is hereby repealed. Surveyor, &c to the, XVI. And be it further enacted by the Authority aforefaid, That the Surveyor to the faid Com- fnTTe'fcntali defective m ' ffioners ' or an Y otner Perfon or Perfons to be appointed by them for that Purpofe, fhall, as often lavements- " as ' le ^ la " ^ e c re & e d by the faid Commiffioners, or any three or more of them, view the Condi- tion of the faid Squares, Streets and Lanes, and prefent on Oath to the faid Commiffioners (which Oath the faid Commiffioners, or any three or more of them, are hereby impovyered to adminifter) and if the fame are not all defective or bad Pavements; and the faid Commiffioners, or any three or more of them, fha'l repaired within 14 Days thereupon fend Notice in Writing to the Houfe or Houfes, or other Buildings to which fuch defec- v' a Ss U " fent to ' the t ' ve or ^ P avements ft 13 " belong; and if fuch Pavements are not fufficiendy amended within four- th" CommiiTioners may teen Days after fuch Notice given, the faid Commiffioners, or any three or more of them, fhall cider the fame to be forthwith caufe the fame to be repaired, and they fhall be reimburfed what Charges and Expences done, and be reimbmfed they fnall be at in fo doing, by the Parties who fhould or ought to have done the fame; and in .the Charges by the Par- ca f e the faid Parties fhall, upon Demand, refufe or neglect: to pay the faid Charges, the faid Com- t,e j '-,-., D „. , , miffioners, or any three or more of them, or fuch Perfon or Perfons as they fhall appoint for that and it the Parties rerufe n /- - n 11 1 /~i 1 ■ 1 r t n- .-in r 1 r~> m or neglect to pay the rurpofe, (hall make Complaint thereof to any one juftice of the Peace for the County or rlace fame, any Juitice may where fuch Perfon or Perfons fo refuftng or neglecting fhall be and refide; and fuch Juftice may, hear and determine the and is hereby authorized and required, by a Warrant under his Hand and Seal, to caufe the Party Matter m a fummary or Parties to be brought before him, and upon the Party or Parties appearing, or not being to be y ' found, to hear and determine the. Matter in a fummary Way; and if, upon the Confeffion of the ' Party or Parties, or by the Oath of one or more credible Witnefs or WitnefTes, which Oath fuch Juftice is hereby impowered and required to adminifter, it fhall appear to the Satisfaction of fuch Juftice, that fuch Charges have been incurred by the faid Commiffioners, and not repaid or fatisfied by the Party or Parties as aforefaid, then fuch Juftice may, and he is hereby authorized and required, by Warrant or Warrants under his Hand and Seal, to caufe the fame to be levied by Diftrefs and and levy the Charges by Sale of the Goods and Chatties of fuch Party or Parties, returning the Overplus, after all Charges Dittos and Sa,e ' paid^ to the Owner or Owners thereof, upon Demand. Limitation of Aftions. XVII. And be it further enacted by the Authority aforefaid, 'That no Action or Suit fhall be commenced againfi any Perfon or Perfons, for any thing done in purfuance of this Ait, until twen- ty-one Days Notice fhall be thereof given in Writing to the Clerk orTreafurer to the faid Commif- fioners, or after fufficient Satisfaction or Tender thereof hath been made to the Party or Parties ag- grieved, or after fix Calendar Months next after the Fact committed, for which fuch Action or Ac- tions, Suit or Suits, fhall be fo brought; and every fuch Action fhall be brought, laid and tried, in the County or Place where fuch Matters and Things refpectively fhall be committed or done, and not in any other County or Place; and that the Defendant or Defendants in fuch Ac- General liTue. tion and Suits, and every of them, may plead the General IiTue, and give this Act and the Spe- cial Matter in Evidence, at any Trial or Trials which fhall be had thereupon; and that the Matter or Thing for which fuch Action or Actions, Suit or Suits, fhal] be fo brought, was done in purfuance and by the Authority of this Act: And if the faid Matter or Thing fhill appear to have been fo done; or if it fhall appear that fuch Action or Suit was brought before twenty-one Days Notice given thereof as aforefaid; or that fufficient Satisfaction was made or tendered as aforefaid; or if any fuch Action or Suit fhall not be commenced within the Time before for that pur- pofe limited, or fhall be laid in any other County or Place than as aforefaid; then the Jury or Juries fhall find for the Defendant or Defendants therein : And if a Verdict or Verdicts fhall be found for fuch Defendant or Defendants; or if the Plaintiff" or Plaintiffs in fuch Action or Actions^ Suit or Suits, fhal] become nonfuited, or fuffer a Difcontinuance of fuch Action or Actions; or if, upon any Demurrer or Demurrers in fuch Action or Actions, Judgment Tball be given for the Defendant or Defendants therein, then, and in either of the Cafes aforefaid, fuch Defendant or