Roads, in order to prevent any Rivulet or Current of Water from flooding the same, as such Person or Persons shall judge necessary. If Penalties, tained until XXIII. And be it further enacted, That all Fines, Penalties and Fines how Forfeitures inflicted or imposed by this Act may, in case of Non- levied and repayment thereof, be recovered in a summary Way by the Order and covered. Adjudication of any One Justice of the Peace for the County or Place in which such Penalty shall be incurred, on Complaint to him for that Purpose exhibited, and afterwards be levied, as well as the Costs of such Proceedings, on Non-payment, by Distress and Sale Distress. of the Goods and Chattels of the Offender or Offenders, or Person or Persons liable to pay the same, by Warrant under the Hand and Seal of such Justice, who is hereby authorized and required to summon before him any Witness or Witnesses, and to examine such Witness or Witnesses upon Oath of and concerning such Offences, Matters and Things, and to hear and determine the same, and the Overplus (if any) of the Money so levied or recovered, after discharging the Fine, Penalty or Forfeiture for which such Warrant shall be issued, and the Costs and Expences of recovering and levying the same, shall be returned upon Demand to the Owner or Owners of the Goods or Chattels so seized or distrained; and in case such Fines, Penalties or Forfeitures shall not be forthwith paid upon Conviction, then it shall be lawful for such Justice to order the Offender or Offenders so convicted to be detained and kept in safe Custody until Return can be conveniently made to such Warrant of Distress, unless the Offender or Offenders shall give sufficient Security, to the Satisfaction of such Justice, for his or their Appearance before such Justice on such Day or Days as shall be appointed for the Return of such Warrant of Distress, such Day or Days not being more than Seven Days from the Time of taking any such Security, and which Security the said Justice is hereby empowered to take by way of Recognizance or otherwise; but if upon the Return of such Warrant it shall appear that no sufficient Distress can be had thereupon, then it shall be lawful for such Justice or any other Justice of the Peace for such County or Place as aforesaid, and he is hereby authorized and required, by Warrant under his Hand and Seal, to cause such Offender or Offenders to be committed to the Gaol of such County or Place, there Committal to to remain without Bail or Mainprize, for any Term not exceeding Gaol. Two Calendar Months, unless such Fines, Penalties or Forfeitures, and all reasonable Charges, shall be sooner paid and satisfied; and such Fines, Penalties or Forfeitures, when so levied, shall be paid to the Person or Persons who shall be intrusted with the making or the Improvement of the Roads with respect to which such Fines shall have been imposed, or such Penalties or Forfeitures incurred under this Act, and shall be wholly applied to the Purposes of this Act, and to or for no other Use or Purpose whatsoever. XXIV. And for the more easy and speedy Conviction of Offenders against this Act, be it further enacted, That every Justice of the Peace, before whom any Person or Persons shall be convicted of any Offence against this Act, shall and may cause the Conviction to be drawn up in the following Form of Words, (as the case shall happen,) or in any other Form of Words to the same Effect; (that is to say), I 2 • BE Convictions to be drawn up in the following Form. וי Appeal to Notice. BE it remembered, That on the in the Year of our Lord Day of to wit. 'written.' 'XXV. Provided always, and be it further enacted, That if any Person shall think himself or herself aggrieved by any thing done in pursuance of this Act by any of His Majesty's Justices of the Peace, or by any other Person or Persons whomsoever authorized to act in the Execution of this Act, such Person so thinking himself or herself to be aggrieved as aforesaid, may appeal to the Justices of the Peace at the next General Quarter Sessions of the Peace to be holden for the County or Place, such Appellant (if there be sufficient time after the Cause of such Complaint shall have arisen) first giving or causing to be given Ten Days' Notice at least in Writing of his or her Intention of bringing such Appeal, and of the Matter thereof, to the Justice or other Person or Persons whose Act or Determination shall be so appealed against, and within Seven Days next Recognizance. after such Notice entering into a Recognizance before some Justice of the Peace for the County or Place, with Two sufficient Sureties conditioned to try such Appeal, and abide the Order thereon, and to pay such Costs as shall be awarded by the Justices at such Quarter Sessions; and for Want of sufficient Time for giving such Notice previous to the Quarter Sessions next after the Cause of such Complaint shall have happened, then such Appeal, after such Notice and under such Recognizance, may be made at the Second General Quarter Sessions of the Peace to be holden for such County or Place, and the Justices at such First or Second Sessions, upon due Proof of such Notice having been given as aforesaid, and of the entering into such Recognizance, shall hear and finally determine the Cause and Matter of such Appeal in a summary Way, and shall award such Costs to the Parties appealing or appealed against as they the said Justices shall think proper; and the Determination of such Justices at such Quarter Sessions shall be final, binding and conclusive to all Intents and Purposes; and the said Justices at such Sessions may also, by their Order or Warrant, levy such Costs so awarded by Distress and Sale of the Goods and Chattels of the Person or Persons who shall refuse or neglect to Imprisonment. pay the same, and for Want of sufficient Distress commit such Person or Persons to the Common Gaol or House of Correction for the said County, there to remain for any Time not exceeding Two Calendar Months, or until Payment of such Costs. Costs. Distress for Certiorari not to be XXVI. And be it further enacted, That no Order made touching or concerning any of the Matters in this Act contained, or of any Proceedings to be had touching the Conviction of any Offender Want of Form. or Offenders against this Act, shall be quashed for Want of Form, quashed for or be removed or removeable by Certiorari, or any other Writ or Process whatsoever into any of His Majesty's Courts of Record at Westminster; and where any Distress shall be made for any Sum or Sums of Money to be levied by virtue of this Act, the Dis tress tress itself shall not be deemed unlawful, nor the 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 committed by the Party or Parties distraining, but the Person or Persons aggrieved by such Irregularity shall and may recover full Satisfaction for the Special Damage (if any) in an Action on the Case; but no Plaintiff or Plaintiffs shall recover in Tender of any Action for such Irregularity as aforesaid, if Tender of sufficient Amends. Amends hath been made by or on Behalf of the Party distraining before such Action commenced. XXVII. And be it further enacted, That no Action or Suit shall Limitation be commenced against any Justice of the Peace, or any other of Actions. Person or Persons, for any thing done in pursuance of this Act, until Thirty Days' Notice thereof shall be given to such Justice or other Person or Persons, nor after a sufficient Satisfaction or Tender thereof hath been made to the Party or Parties aggrieved, nor after Three Calendar Months next after the Fact committed; and every such Action or Suit shall be laid or brought in the County, County of a City or Town, where the Cause of Action shall have arisen, and not elsewhere; and the Defendant or Defendants in every such Action shall or may at his or their Election plead specially or the General Issue Not Guilty, and give this Act and the General Issue, special Matter in Evidence at any Trial to be had thereupon, and that the same was done in pursuance and by the Authority of this Act; and if the same shall appear to have been so done, or that such Action or Suit shall have been brought before Thirty Days' Notice thereof was given as aforesaid, or after a sufficient Satisfaction made or tendered as aforesaid, or after the time limited for bringing the same as aforesaid, or shall be brought in any other County than as aforesaid, then the Jury shall find for the Defendant or Defendants; and upon such Verdict, or if the Plaintiff or Plaintiffs shall be nonsuited, or discontinue his, her or their Action or Suit after the Defendant shall have appeared, or if upon Demurrer Judgment shall be given against the Plaintiff or Plain tiffs, then the Defendant or Defendants shall recover Double Double Costs. Costs, and have such Remedy for the same as any Defendant or Defendants hath or have in any Case by Law. may be paid out of Money applicable to Purposes of Act, XXVIII. Provided also, and be it further enacted, That it shall Costs for debe lawful for the Lord Lieutenant or other Chief Governor or Go- fending Actions vernors of Ireland, to direct that all such Costs, Charges and reasonable Sums as any Justice or Justices of the Peace, or other Person or Persons shall have been at, or put unto, or shall have expended in defending or prosecuting any Suit or Suits, Indictment or Indictments, Information or other Prosecution whatsoever, or for or on account thereof, or for or concerning any Matter or Thing whatsoever which they shall have done or ordered to be done, in the Execution of this Act, shall and may be paid out of any Money applicable to the Purposes of this Act. [Powers of this Act extended, see Cap. 112. § 4, 5. post.] 19 Mc if r pai Ва and the of of 38, 40, and 50 38 G. 3. c. 35. CA P. XXXV. An Act to make perpetual, and to amend, several Acts made HEREAS the several Acts herein after mentioned, made United Kingdom of Great Britain and Ireland, in the Thirty ' eighth, Fortieth and Fiftieth Years of the Reign of His late Majesty King George the Third, for the Management, Support, Re'gulation and Maintenance of the Foundling Hospital have been found highly beneficial: And Whereas the said Acts were con'tinued in force, by an Act made in the last Session of Parliament, until the Fifth Day of January One thousand eight hundred and twenty three, and from thence until the End of the then 'next Session of Parliament; and it is expedient that the said 'Acts should be made perpetual, and amended in manner herein ' after mentioned: May it therefore please Your Majesty that it may be enacted; and be it 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 an Act made in the Parliament of Ireland, in the Thirty eighth Year of the Reign of His late Majesty King George the Third, intituled An Act for the better Management of the Workhouse and Foundling Hospital in Dublin; and also an Act made in the Parliament of Ireland in the Fortieth Year of the Reign of His said late Majesty, intituled An Act for the better Management, Support and Maintenance of the Foundling Hospital in Dublin, and for amending and further continuing an Act passed in the Thirty eighth Year of His present Majesty's Reign, intituled An Act for the better Management of the Workhouse and Foundling Hospital in Dublin;' and also an Act made in the Parliament of the United Kingdom of Great Britain and Ireland, in the Fiftieth Year of the Reign of His said late Majesty, intituled An Act for the better Management of the Foundmade perpetual, ling Hospital in Dublin, and for amending and further continuing an Act passed in the Parliament of Ireland, in the Fortieth Year of His present Majesty, for the better Management, Support and Maintenance of the Foundling Hospital in Dublin; and for amending and further continuing an Act passed in the Thirty eighth Year of His Majesty, for the better Management of the Workhouse and Foundling Hospital in Dublin, shall be and the same are hereby continued in force, and shall be and are hereby made perpetual, except only so far as the said Acts or any of them, or any Part thereof, are repealed, altered or amended. 40 G. 3. c. 33. 50 G.3. c. cxcii. except as II. And Whereas, notwithstanding several Regulations made 'from time to time, to restrain and prevent the indiscriminate Admission of Children into the Foundling Hospital in Dublin, the Number of Children on the Establishment thereof hath become SO 11 & 12 G. 3. & 14 G. 3. so great, that the Funds of the said Hospital are altogether unequal to their Support, and the said Hospital is capable of accom'modating little more than One Third Part of such of the said • Children as having attained the Age of Eight Years, ought by the Rules thereof, to be taken from their respective Nurses and brought into the said Hospital for Education and Instruction; and it is expedient that the Benefits of the said Institution should ' be confined to Orphans and deserted Children whose Parents are unknown: And Whereas an Act was passed in the Parliament of 'Ireland, in the Eleventh and Twelfth Years of the Reign of His late Majesty King George the Third, intituled An Act for the Relief of Poor Infants who are or shall be deserted by their Parents, and which Act was amended by an Act made in the Thir'teenth and Fourteenth Years of His said late Majesty's Reign, 'intituled An Act for amending Two Acts passed in the last Session, the one intituled An Act for the Relief of Poor Infants 'who are or shall be deserted by their Parents; the other intituled An Act for preventing the spreading of Fires, and for appointing of Watches in Cities and Towns Corporate, and for other Purposes;' and notwithstanding Provision is made by the said Acts for the Maintenance and Education of all Children ' deserted and exposed in Ireland, by the Sums to be raised and ⚫ assessed on the Parishes in which such Children shall be de'serted and exposed respectively (except in the Cities of Dublin and Cork), not exceeding Five Pounds for each Child, such Chil'dren are brought to the said Foundling Hospital in Dublin, 'from all Parts of Ireland, and received therein; and it is there'fore reasonable that the said Hospital should not be supported by a Tax on the City of Dublin only, but should receive with ' each Child the said Sum, which may be raised on the Parish from 'which such Child shall be brought, in whatever Part of Ireland the same may be (except in the City of Cork);' Be it therefore further enacted, That from and after the First Day of November One thousand eight hundred and twenty two, no Child shall be received or admitted into the said Foundling Hospital in Dublin, unless at or before the time of offering such Child for Admittance into the same, there shall be paid to the Registrar of the said Hospital the Sum of Five Pounds Sterling of the Currency of Ireland, for the Use and Support of the said Hospital, and of the Children belonging to the same; and that it shall and may be lawful for the Overseers mentioned in the said recited Acts, within their respective Parishes, to apply the Sum of Five Pounds Overseers may in Payment to the Foundling Hospital in Dublin with any such pay the same. Child or Children, instead of applying such Sum in the Maintenance and Education of such Children within their respective Parishes, and that such Sums shall be allowed to such Overseers in their Accounts, as if the same had been applied in the Maintenance and Education of such Children within their respective Parishes. III. And be it further enacted, That from and after the said First Day of November One thousand eight hundred and twenty two, no Child shall be received or admitted into the said Hospital, unless instead of the Certificate heretofore required for the deserted, &c. Admission of any Child into the said Foundling Hospital, there to be delivered shall be delivered to the Porter of the said Hospital, subject to the to the Porter of I 4 several No Child to be received into Dublin Found ling Hospital, unless 51. Irish Currency is paid on Admission, Certificate of Minister, &c. of Child being exposed and |