But Plaintiff to establish his Appeal to Notice. 3° GEO. IV. A.D.1822. cited Acts of Parliament, it shall and may be lawful for the Defendants in such Action or Actions, by and with the Consent and Approbation of One or more of the Justices of the Peace acting in and for the Parish, Township or Place in which the Damages shall be alleged by the Plaintiffs in such Actions to have been sustained, to suffer Judgment to go by Default, instead of appearing and defending the same, as directed by the said recited Acts; but the Plaintiffs in such Actions shall nevertheless be required to produce the same Proof before the Sheriff or other Officer taking the Inquisition, in establishing his Claim, as would be required if such Actions had been defended; and that in taxing the Costs, no more Witnesses shall be allowed for, than the Sheriff or other Officer shall certify to have been necessary to the Support of the Plaintiff's Case; any thing herein or in the said recited Acts contained to the contrary thereof notwithstanding. VII. Provided always, and be it further enacted, That if any Person or Persons in England shall think himself, herself or themselves aggrieved by any thing done in pursuance of this Act, such Person or Persons may appeal to the Justices of the Peace at their then next General Quarter Session of the Peace to be holden for such County, or at any Adjournment thereof, the Person or Persons appealing having first given at least Ten Days' Notice in Writing of such Appeal, and of the Nature and Matter thereof, to the Person or Persons so appealed against, and within Two Days Recognizance. after such Notice shall have been given, having entered into a Recognizance before some One Justice for such City, Town, Hundred, Rape, Wapentake, Lathe, Riding, Division or Liberty, with Two sufficient Sureties, conditioned to appear and try such Appeal, and to abide the Order of, and to pay such Costs as shall be awarded by the Justices at such General Quarter Session, or any Adjournment thereof; and the said Justices at such Quarter Session, upon due Proof of such Notice in Writing being given as aforesaid, and of the entering into such Recognizance, shall hear and finally determine the Causes and Matter of such Appeal in a Summary Way, and award such Costs to the Party so appealing or appealed Determination against, as they the said Justices shall think proper; and the Determination of such Quarter Session shall be final, binding and conclusive, to all Intents and Purposes. Costs. final. Distress not unlawful for VIII. And be it further enacted, That where any Distress shall Want of Form. this Act, the Distress itself shall not be deemed unlawful, nor the be made for any Sum or Sums of Money to be levied by virtue of Party or Parties making the same be deemed a Trespasser or Trespassers, on account of any Defect or Want of Form in the Summons, Conviction, Warrant of Distress or other Proceedings relating thereto, nor shall the Party or Parties distraining be deemed a Trespasser or Trespassers ab initio on account of any Irregularity which shall be afterwards done by the Party or Parties distraining, but the Person or Persons aggrieved by such Irregularity Action for Da- shall and may recover full Satisfaction for the Special Damages (if any) in an Action upon the Case; but no Plaintiff or Plaintiffs shall recover in any such Action for such Irregularity as aforesaid, if Tender of sufficient Amends hath been made for or on the Behalf of the Party distraining before such Action brought. mages. IX. And viction. IX. And be it further enacted, That all Justices of the Peace Form of Conbefore whom any Person shall be convicted of Offence against any this Act shall and may cause the Conviction to be drawn up in the following Form of Words, or to the like effect: City or County) BE it remembered, That on the of " to wit. Day of in the of the Reign of His Majesty Year A. B. is convicted before me C. D. One of His Majesty's Justices of the Peace for the said [County, City, Town, Cinque Port, Ancient Town, Corporate Town, Hundred, Rape, Wapentake, Lathe, Riding, Division or Liberty, as the Case may be,] by virtue of an Act made in the Third Year of the Reign of His Majesty King George the Fourth, intituled [here set forth the Title of the • Act, and specify the Offence, and the Time and Place when and where the same was committed, as the Case may be]. Given under 'my Hand and Seal, the Day and Year aforesaid.' 6 Proviso for recovering Damages suзtained in Scotland. X. And Whereas it is provided by the said recited Act, passed in the First Year of the Reign of His Majesty King George the First, that all Prosecutions for repairing the Damages of any Church or Chapel, or any Building for Religious Worship, or any 'Dwelling House, Barn, Stable or Outhouse, which shall be demo'lished or pulled down, in Whole or in Part, within Scotland, by any Persons unlawfully, riotously or tumultuously assembled, 'should and might be by Summary Action at the Instance of the 'Party aggrieved, his or her Heirs or Executors, against the 'County, City or Burgh respectively; and it is expedient that the 'said Provisions should be altered and amended, and farther Pro'visions made for the Relief of Persons injured or damnified by any unlawful, riotous or tumultuous Assembly in Scotland;' Be it therefore enacted, That in every Case where any Damage or Injury shall be done to any Church, Chapel or Building for Religious Worship, or to any House, Shop or other Building whatsoever, or any Fixtures attached thereto, or any Furniture, Goods or Commodities therein, by the Act or Acts of any unlawful, riotous or tumultuous Assembly of Persons, or by the Act or Acts of any Person or Persons engaged in or making Part of such unlawful, riotous or tumultuous Assembly, the Party injured or damnified thereby shall be entitled to recover full Compensation for the Loss or Injury, by summary Action against the Town Clerk of the City or Burgh within which the Loss or Injury shall have been sustained, or the Clerk of Supply of the County or Stewartry wherein the Loss or Injury shall have been sustained, if the same shall not have been within any City or Burgh; which Action shall and may be brought before the Justices of the Peace acting in Execution of an Act passed in the Thirty ninth and Fortieth Years of the Reign of 39 & 40 G. 3. His late Majesty King George the Third, intituled An Act for the c. 46. more easy and expeditious Recovery of Small Debts, and determining small Causes in that Part of Great Britain called Scotland, subject to all the Provisions of the said Act, where the Sum claimed shall not exceed Five Pounds, and shall and may be brought before the Judge Ordinary where the Amount claimed shall exceed that Sum. XI. And be it enacted, That it shall and may be lawful for the Pursuer of any such Action in Scotland, so soon as he or she shall have obtained a final Decree therein, to lodge an Extract thereof with the Clerk of Supply of the County or Stewartry, or with the Town Clerk of the City or Burgh, as the Case may be; and the said Clerk of Supply or Town Clerk shall intimate the same forthwith to the Convener of the Commissioners of Supply or acting Chief Magistrate respectively, and the said Convener or acting Chief Magistrate is hereby authorized and required to summon a Meeting of the Commissioners of Supply of the County or Stewartry, or of the Magistrates of the City or Burgh, as the Case may be, to be holden within Six Calendar Months after receiving Intimation as aforesaid, who are hereby authorized and required so to meet, and to make an Assessment for the Payment of every Sum so decreed for, in manner following; that is to say, by the Commissioners of Supply so assembled, upon the Land, according to the valued Rent thereof, and upon the Houses situated therein, not being within any City or Burgh, according to the actual or real Rent of such Houses, to be paid by the Occupiers of such Land and Houses respectively, so that for every Shilling levied in respect of such valued Rent, there shall be levied One Penny for and in respect of such actual Rent of such Houses; and in any City or Burgh wherein any such Assessment shall be required, the same shall be made by the Magistrates so assembled upon the actual or real Rent of Houses within the same, to be paid by the Occupier thereof, according to a per Centage to such Amount as shall be necessary to pay every such Sum so decreed for. XII. And be it enacted, That it shall and may be lawful for such Magistrates and such Commissioners of Supply as aforesaid respectively, to add to the Amount of every such Assessment such Sum of Poundage as shall be usually paid at the Time to the Collector of the Cess in such County or Stewartry, or in such City or Burgh, for and in respect of their respective Collections; and every Assessment so made shall be forthwith collected therefrom, and by means thereof every such Claim of Damage or Injury, according to the Amount thereof decerned for as aforesaid, shall be paid by the Collector, as soon as conveniently may be, to the Person or Persons entitled thereto; and if any such Assessment shall not be paid by any Person liable therein within Six Days after the same shall have been demanded by such Collector, the same shall and may be recovered by a Poinding and Sale of the Goods and Effects of the Defaulter, upon the Warrant of any Two Justices of the Peace of the County or Stewartry, or any Two of the Magistrates of the City or Burgh, wherein the same may be, upon the Oath of the Collector, who is hereby authorized, upon such Warrant, tocause so much of the Goods and Effects as may be necessary to be apprized and sold within Ten Days after the Date of every such Warrant; and after paying the Amount of such Assessment, with the Expences attending such Poinding and Sale, such Collector shall account for the Overplus, if any be, to the Owner or Owners of such Goods or Effects. XIII. And be it enacted, That in case any Clerk of Supply, Town Clerk, Convener, Chief Magistrate, Commissioners of Supply or Magistrates, or any Collector, shall omit or neglect to do what is herein required of such Persons respectively, it shall and may be lawful for any Party aggrieved to apply by summary Complaint to the Court of Session, which Court is hereby directed, in such Case, to do therein as to such Court shall seem just. XIV. And be it enacted, That in the Case of any such Damage or Damage to a Injury done to any Church, Chapel or Building for Religious Wor- Church. ship, in Scotland, every such Compensation shall and may be recovered in the Name of the Clergyman or Minister officiating therein. XV. And be it enacted, That every Action for any Claim of Da- Limitation of mage under this Act in Scotland shall be commenced within One Action. Calendar Month after the Damage shall have been done or Injury suffered, otherwise the Person claiming such Damage shall not be entitled to relief under this Act. XVI. And be it further enacted, That nothing in this Act contained shall extend or be construed to extend to that Part of the United Kingdom called Ireland. XVII. And be it further enacted, That this Act may be amended or repealed by any Act or Acts to be passed in this present Session of Parliament. SCHEDULES referred to by this Act. SCHEDULE (A.) FORM of Notice to the High Constable, Mayor, or other Chief Magistrate, or Principal Inhabitant, Churchwardens, Overseers or Substantial Householders, for summoning a Petty Sessions of Magistrates. To the High Constable, etc. (as the Case may be.) City or County of DO hereby give you Notice to summon a Special Session or Petty Session of the Mato wit. gistrates residing in or acting for [here specify the City, Hundred or Place, as the Case may be,] on or before There specify the Time, the same to be within Thirty Days after the Receipt of the Notice], for the Purpose of hearing and determining the Complaint which shall then and there be brought before them, for or on account of the Damages sustained by me through or by means of [here state the means], on the Day Given under my Hand this in the Year of Day of last. (Signed) SCHEDULE (B.) A. B. FORM of Notice to be placed on the Church or Chapel Door, or City or County of DO hereby give Notice that Application of Day in the Parish, Township or Place, (as the Day of Case may be). Given under my Hand, this (Signed) A. B. Not to extend to Ireland. Act may be altered, &c. in the present Session. Lord Lieute nant may direct that Sums not exceeding Amount of Presentments Public Work CAP. XXXIV. An Act for the Employment of the Poor in certain Districts WHEREAS the advancing of Money for the carrying on Public Works may at this Time afford the most effectual means of relieving and employing the Poor in certain Districts 'in Ireland;' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and immediately after the passing of this Act, in all Cases where any Sum or Sums of Money shall have been presented at the Spring Assizes for this present Year One thousand eight hundred and twenty two, by the Grand Jury of any County, or County of a City, or County of a for carrying on Town in Ireland, to be raised off such County, County of a City or County of a Town, for the making or repairing of any Road or Roads, or the carrying on of any Public Work, it shall and be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland, upon any Application to be made to him or them for that Purpose, and whenever he or they shall think fit and proper, to direct by his or their Warrant or Warrants, that any Sum or Sums of Money not exceeding in the whole the Amount of such Presentment, shall be advanced and paid out of the Produce of the Consolidated Fund of the United Kingdom of Great Britain and Ireland, arising in Ireland, to be applied in paying for the making or repairing any Part of such Road or Roads, or for the carrying on of any Public Work for which any such Presentment shall have been made, under the Regulations hereinafter mentioned and contained. may be paid out of Consolidated Fund of U. K. for that Pur. pose. Money advanced to be issued to Engineer or other Officer employed in may II. And be it further enacted, That all Sums so to be advanced under the Orders of the Lord Lieutenant or other Chief Governor or Governors of Ireland, shall be issued to some Engineer or other Officer or Person who shall be appointed by the the Works, who Lord Lieutenant or other Chief Governor or Governors to su is to account. perintend the making or repairing of the Road, or the carrying on the Public Work for which such Money shall be advanced; and it shall be lawful for such Engineer or other Person to make Payments for such Work, and Labour and Materials, as shall have been employed in or upon any such Road or Roads, or other Public Work, at any Time after the making of such Presentment, and either before or after the Appointment of such Engineer or other Accounts to be Person or Persons; and the Expenditure of all such Money shall examined. Certificate of be accounted for by such Engineer or Officer or other Person, and such Account shall be examined in such manner and by such Person or Persons as shall be directed by the Lord Lieutenant, or other Chief Governor or Governors of Ireland, and a Certificate under the Hand of the Chief Secretary for the Time being of the Lord Lieutenant or other Chief Governor or Governors of Ireland, or of his Under Secretary for Civil Affairs, of the Amount of all Monies so advanced and paid and accounted for, shall be transmitted from the Office of such Chief Secretary to the Treasurer of the County, County of a City or County of a Town, |