Offence may be] and I [or, we] the faid Juflice or Juftices do adjudge him, [her, or them] to forfeit and pay for the fame the Sum • of • of and for the Cofts of Profecution the Sum • Hands and Seals] the Day and Year first aforesaid,' XXXII. And be it further enacted, That if any Perfon or Perfons fhall be guilty of any Offence against this Act, or any of the Powers or Directions herein contained, and shall be thereupon fummoned, or shall appear before any One or more Juftice or Juftices of the Peace, and fuch Perfon or Perfons fhall be convicted of any fuch Offence, every fuch Perfon or Perfons fhall pay the Cotts of fuch Summons and Conviction, and the Diftrefs to be taken in confequence of fuch Conviction fhall be for fuch Colts, as well as the other Monies for which fuch Diftrefs fhall be made; any Statute, Law, Cultom, or Ufage to the contrary in any wife not withitanding. Offenders convicted fhall pay the Expence of Summons and Conviction. XXXIV. Provided always, and be it further enacted, That it shall Mitigation of and may be lawful to and for the Justice or Juftices of the Peace, be- Penalties. fore whom any of the fpecifick Penalties or Forfeitures by this Act impofed fhall be recovered, to mitigate, compound, or leffen any of the faid Penalties or Forfeitures as he or they in his or their Difcretion fhall think fit, fo as that the fame be not mitigated or reduced to lefs than One Moiety or Half Part thereof, together with Cofts as aforefaid. XXXV. And be it further enacted, That where any Diftrefs fhall be made for any Sum or Sums of Money to be levied by virtue of this A&t, the Diftrefs itself fhall not be deemed unlawful, nor the Party or Parties making the fame be deemed a Trefpaffer or Trefpaffers, on account of any Defect or Want of Form in any Proceeding relating thereto, nor fhall the Party or Parties diftrained be deemed a Tref paffer or Trelpaffers, ab initio, on account of any Irregularity which Thall be afterwards done by him or them; but the Party or Parties aggrieved by fuch Irregularity fhall or may recover fuli Satisfaction for the fpecial Damages, together with Cofs of Suit, in an Action of Trefpafs or on the Cafe, at his, her, or their Election. XXXVI. And be it further enacted, That no Action or Suit fhall be commenced against any Perfon or Perfons for any Thing done in pursuance of this Act, unlefs Thirty Days Notice thereef thall have been first given in Writing to the Clerk and Treasurer of the laid Commiffioners, gued by the Plaintiff or Plaintiffs, and ftating his, her, or their Place of Abode, and unless the fame fhall be commenced before the Expiration of Six Calendar Months next after the Fact committed, nor alter Tender of reatonable Amends shall have been made by or in Behalf of the Defendant or Defendants in fuch A&tion or Suit; nor uniefs fuch A&tion or Suit fhall be laid or brought in the County of Southampton; and the Defendant or Defendants in any fuch Action or Suit to be commenced for any Thing done in pursuance of this A&t, fhall and may plead the General Iffue, and give this Act and the fpecial Matter in Evidence at any Trial to be had thereupon, and that the Matter or Thing for which fuch Action or Suit fhall be brought was done in purfuance and by the Authority of this Act; and if fuch Matter or Thing fhall appear to have been fo done, or if it fhall appear that fuch Action or Suit was brought before Thirty Days Notice thereof was given in Manner aforefaid, or fuch Notice thall not ftate Diftrefs not to be deemed unlawful for Want of Form only. Limitation of Thirty Days Informers may be rewarded out ftate the Plaintiff or Plaintiffs true Place or Places of Abode, or that fuch Action or Suit was not commenced before the Expiration of Six Calendar Months next after the Fa&t committed; or if it fhall appear that Tender of reasonable Amends was made by or on the Behalf of the Defendant or Defendants in fuch Action or Suit, before fuchAction or Suit was commenced or brought, or if the Venue in fuch Action or Suit fhall be laid in any other County or Place than the County of Southampton, then the Jury fhall find for the Defendant or Defendants, and upon fuch Verdict, or if the Plaintiff or Plaintiffs fhall become nonfuited, or difcontinue his, her, or their Action or Suit after the Defendant or Defendants fhall have appeared, or if upon Demurrer Judgment fhall be given against the Plaintiff or Plaintiffe, the Defendant or Defendants hall and may recover Treble Cofts, and have fuch Remedy for the fame as any Defendant or Defendants hath or have in any Cafe by Law, and the Plaintiff or Plaintiffs fhall not in fuch Action be permitted to give any Thing in Evidence which shall not have been expreffed in fuch Notice, and it shall be incumbent on the Plaintiff or Plaintiffs to prove fuch Notice to have been given, or in Default thereof the Defendant or Defendants fhall be entitled to fuch Verdict and Cofts as aforesaid. XXXVII. And be it further enacted, That it fhall and may be lawful to and for the Juflices of the Peace for the faid County of of the Penalties. Southampton or Borough of Portsmouth before whom such Persons shall be convicted, or the faid Commiffioners, or any Five or more of them, from Time to Time, if they fhall fee Caufe, to pay and apply fuch Part of the Penalties and Forfeitures to be recovered for any Offence or Offences committed against this Act as they shall think proper, not exceeding One Moiety of them, or any of them, to and for the Ule of the Informer or Informers of fuch respective Offence or Offences ; any Thing herein contained to the contrary notwithstanding. Appeal. XXXVIII. Provided always, and be it further enacted, That if any Perfon or Perfons fhall think himfelf, herself, or themfelves aggrieved by any Thing done in purfuance of this A&t, fuch Perfon or Perfons fhall and may, as to Things done in the faid County of Southampton and out of the faid Borough, appeal to the Justices of the Peace for the County of Southampton, and as to Things done within the faid Borough of Portsmouth, to the Juftices of the faid Borough, at the then next General or General Quarter Seffions of the Peace which fhall be holden in and for the faid County or Borough refpect. ively, after the Expiration of Twenty Days from the Cause of fuch Appeal, fuch Appellant firft giving or cauling to be given Ten Days Notice at leaft in Writing of his, her, or their Intention to bring fuch Appeal, and of the Caufe thereof, to the Cierk to the faid Commiffioners, and within Two Days next after fuch Notice given, entering into a Recognizance or Recognizances before fome Juftice of the Peace for the faid County or Borough, as the Cafe may require, with Two fufficient Sureties, in the Penalty of Thirty Pounds, conditioned to try fuch Appeal at fuch S ffions, and abide the Order of, and to pay fuch Cts as fhall be awarded by the faid Juftices upon the Hearing of the faid Appeal; and the faid Juftices, upon due Proof of fuch Notice being given as aforefaid, and of the entering into fuch Recognizance, fhall at the faid Seffions to which the faid Appeal fhall be made, or if they fhall fee fit to adjourn the fame, at the Seffions then next following at fartheft, hear and finally determine the Caufes and and Matter of fuch Appeal in a fummary Way, and award fuch Costs for the Appellant or Appellants, or Refpondent or Refpondents, as they the faid Juftices refpectively fhall think proper; and the Determination of fuch Juftices fhall be final, binding, and conclufive to all Parties concerned or interested therein: Provided nevertheless, that all Appeals against Convictions before any Juttice or Juftices for the Borough of Portsmouth fhall be made to the Seffions for the faid Bo-. rough, and all Appeals against Convictions before any Juftice or Juftices of the Peace for the County of Southampton fhall be made to the Seffions for the County at large. XXXIX. And be it further enacted, That no Proceedings to be Proceedings not had touching the Conviction of any Offender or Offenders against this to be quathed for Act, or any Order, Matter, or Thing to be done or tranfacted in or Want of Form. relating to the Execution of this Act, fhall be removed by Certiorari, or vacated or quashed for the Want of Form only; any Law or Statute to the contrary notwithstanding. XL. Provided always, and be it further enacted, That nothing in this A&t contained thall extend or be conftrued to extend to any Waterman or Watermen working across the Lake between Haflar and Gofport, in the Ferry Boat or Ferry Boats belonging to the Com. miffioners of His Majefty's Transport Service for the Care of tick and wounded Seamen, and for the Care and Cuftody of Prifoners of War; but that the Waterman or Watermen working the faid Ferry Boat or Boats of the faid Commmiffioners may at all Times work the fame without any Controul or Interference of the Commiffioners named or to be named under the Authority of this Act, as if this A& had not been made. "Saving the Rights of the Corporation of Portsmouth. $41. Saving "the Rights of the Bishop of Winchefter. § 42. Publick Act. § 43 Cap. cxci. An Act for building a Bridge over the River Thames from the Precinct of the Savoy, or near thereunto, in the County of Middlefex, to the oppofite Shore, and for making convenient Roads and Avenues to communicate therewith, in the County of Surrey. [20th June 1809.] Company of Proprietors of the Strand Bridge incorporated.-Be"fore commencing the Purchafe of Houfes or building the Bridge, "60,000l. fhall be invefted in Three per Cents. at the Bank of "England, and 300,000/ actually fubfcribed.—Special Commiffioners "(the Chancellor of the Exchequer, Chancellor of the Duchy of Lancafler, Speaker of the Houfe of Commons. &c.) appointed to infpect the Accounts and fuperintend the Expenditure of the "Tolls, &c.-The Chancellor and Council of the Duchy of Lancafler "empowered to fell Lands belonging to the King in right of his "Duchy. 66 CXXXI. And be it further enacted, That if any Perfon or Perfons fhall wilfully and maliciously, and to the Prejudice of the faid Under. taking, break, throw down, or deftroy any Part of the Bridge to be erected and made by virtue of this A&t, every fuch Perfon fhall be adjudged guilty of Felony, and every fuch Perfon fo offending, and This Act not to extend to Watermen working on Hallar Lake. Penalty on Per fons destroying Works, Felony, &c. That the Bridge being thereof lawfully convicted, fhall be fubject to the like Punish- CXXXII. And, in order to remove all Doubts where and before Cap. excii. An Act for more effectually fupplying with Water the Inhabitants |