No. I. c. 22. the hands and seals of six commissioners of sewers for the county, limits, or district, to order a constable or other peace officer, with such 3 & 4 W. 4, assistance as shall be deemed necessary, to enter any such houses, buildings, lands, floodgates, sluices, dams, or other works so refused to be delivered up, in the day-time, and to remove the persons who shall be found therein, together with their goods, out of such premises, and also to take possession of the same, and of all such other property, matters, and things belonging to or vested in the said commissioners of sewers as shall be so refused to be delivered up as aforesaid, and to put the said commissioners, or their officer or servant, in possession thereof. feitures.. L. That it shall be lawful for any court of sewers to take such Courts of security from every treasurer, receiver, collector, expenditor, and other sewers may ministers and officers, as to such court shall seem meet, for the just take security and faithful execution of such office or trust, and such security shall be from officers given by bond or bonds to the clerk for the time being to the said com- and sue for formissioners of sewers; and in case of forfeiture it shall be lawful for the said court of sewers to sue upon such bond or bonds in the name of the clerk to the said commissioners of sewers for the time being, and to carry on such suit at the costs and charges and for the use and benefit of the fund for the security of which such bond or bonds shall have been taken, fully indemnifying and saving harmless such clerk from all costs and charges in respect of such suit from and out of such fund; and no action or suit to be brought or commenced in the name of the clerk in the manner aforesaid shall abate or be discontinued by the death, resignation, or removal of such clerk, or by the expiration of any commission of sewers or other authority under which the said clerk may act as aforesaid. LI. That it shall not be lawful for any court of sewer to continue or Treasurer and appoint the person who hath been or who may be appointed their clerk clerk not to be in the execution of any commission of sewers, or the partner of any such the same perclerk, or the clerk or other person in the service or employ of any such son. clerk, or the clerk or other person in the service or employ of the partner of such clerk, the treasurer for the purposes of the said recited acts or of this act, or to continue or appoint any person who hath been or who may be appointed treasurer, or the partner of any such treasurer, or the clerk or other person in the service or employ of any such treasurer, or the clerk or other person in the service or employ of the partner of such treasurer, the clerk of the said commissioners; and if any person shall continue in or accept both the offices of clerk and treasurer in the execution of any commission of sewers, or if any person being the partner of any such clerk, or the clerk or other person in the service or employ of any such clerk or of his partner, shall continue in or accept the office of treasurer, or shall act as deputy of such treasurer, or shall in any manner officiate for such treasurer, or being the partner of any such treasurer, or the clerk or other person in the service or employ of any such treasurer or of his partner, shall continue in or accept the office of clerk in the execution of any commission of sewers, or shall act as deputy of such clerk, or shall in any manner officiate for such clerk, or if any such treasurer shall hold any place of profit or trust under such court of sewers other than that of treasurer, every such person so offending shall for every such offence forfeit and pay the sum of one hundred pounds to any person who shall sue for the same to be recovered, together with full costs of suit, in any of his Majesty's courts of record at Westminster, by action of debt or on the case, or by bill, suit, or information, wherein no essoign, protection, or wager of law, nor more than one imparlance, shall be allowed. LII. And for the better carrying into execution the powers and au- Constables to thorities of the said commissioners of sewers, be it further enacted, That obey orders of all and every chief and petty constables, headboroughs, and tithingmen, commissioners. or by whatsoever other name or names such chief or petty constables may be called or known, and other peace officers, of or within the re No. I. 3 & 4 W. 4, c. 22. spective hundreds, parishes, townships, liberties, districts, or places within the jurisdiction of the said respective courts, shall and they are hereby authorized and required to obey and execute all and every the orders, warrants, precepts, or other process which may be to them directed by the said commissioners; which said commissioners respectively are hereby authorized to direct such their orders, warrants, precepts, or other process to such chief or petty constables, headboroughs, tithingFines, &c. may men, and other peace officers accordingly. of sewers. be levied by LIII. That no fine, amerciament, penalty, or forfeiture which from warrant of and after the passing of this act shall be set or imposed by any commiscommissioners sioners of sewers upon any person, body politic or corporate, for not cleansing, scouring, repairing, or maintaining, or for obstructing or injuring, any of the walls, ditches, banks, gutters, sewers, gotes, bridges, and streams, or for any other cause, matter, or thing, within the jurisdiction of the said commissioners respectively, shall hereafter be returned or estreated into the court of exchequer; but that the same fines, amerciaments, penalties, and forfeitures, and all penalties and forfeitures imposed by this act, except as herein otherwise provided, shall and may be demanded and received by the treasurer, clerk, expenditor, or other person appointed by the said commissioners to receive the same, and if not paid upon demand shall and may be levied by distress and sale of the goods and chattels of the person, body politic or corporate, upon whom such fines, amerciaments, penalties, or forfeitures shall or may be so set or imposed, by warrant under the hands and seals of the said commissioners, or any six or more of them, together with the costs and charges of such distress and sale, rendering the overplus (if any) to the party or parties entitled thereto; which warrant the said commissioners are hereby authorized to issue; and the said fines, amerciaments, penalties, and forfeitures, when so received or levied, shall and may be applied by the said commissioners to such and the same uses and purposes as the monies raised, levied, or set apart by the said commissioners for defraying and reimbursing the general expences of executing the commission of sewers under which they shall or may act or may be applicable. Form of war LIV. That the warrant authorizing the levying of any such fine, rant for levying amerciament, penalty, or forfeiture payable by virtue of this act may be in the words or to the effect following: fines, &c. Commissioners ' our collectors, and to each and every of them, and to all con- WHEREAS at the court [or session] of sewers holden for the limits day of in the county of carpenter, was fined [amerced, or otherwise, as the case may be] in the sum of which sum it hath this day been proved to us, the undersigned, being six or more of the 'justices and commissioners of sewers for the aforesaid limits, by the ' oath of duly appointed to receive the same fine [amerciament, penalty, or forfeiture, as the case may be] that the said hath neglected or omitted to pay when demanded of him: These are therefore to authorize and command you, any or either of you, to levy the said sum of by distress and sale of the goods and chattels of together with the costs and the said charges of such distress and sale, rendering the overplus, if any, to 'the said 'seals the Given under our hands and day of in the year of our Lord one thousand eight hundred and LV. That in all and singular the orders, decrees, or other proceedings may decree and hereafter to be made touching or coneerring any matter or thing within assess costs; 3 No. I. & 4 W. 4. c. 22. the jurisdiction of any court of sewers, it shall and may be lawful to and for any such court of sewers to order and decree that the costs, charges, and expences of and incidental to the making and putting in force such order or decree, orders or decrees, shall be paid and borne by the person body politic or corporate, upon or against whom, or by reason of whose default, or for whose benefit, such order or decree, orders or decrees, shall respectively be made, which costs, charges, and expences shall and may be ascertained and settled by or by the authority of any such court of sewers; and when any such costs, charges, and expences shall be ordered and decreed to be paid as aforesaid, and such order or decree, orders or decrees, shall not be previously altered, reversed, or quashed by or at any subsequent court of sewers, or by any other court or courts, upon removal of the same by certiorari or otherwise, the same costs, charges, and expences shall and may, at any time after the court of sewers immediately following the granting or passing of such orders or decrees respectively, such court being at the distance of twenty-one days at the least from the service of such orders or decrees respectively, be levied and raised, together with the costs and charges of raising and levying the same, by distress and sale of the goods and chattels of the person, body politic or corporate, by whom the same shall or may respectively be ordered or decreed to be paid as aforesaid, by the bailiff, expenditor, surveyor, or other known officers of the said commissioners of sewers for the time being, or by any constable or peace officer or any other person to be named in and by such orders or decrees respectively, without any further order or decree of the said court of sewers: Provided always, That if no such distress or distresses as aforesaid can be and in default found, the same costs, charges, and expences, together with the costs of distress may and charges of raising and levying the same, shall and may be raised raise the same and levied upon and out of the lands, tenements, and hereditaments, upon the lands within the limits of the commission under and by virtue of which the of the desame orders and decrees shall respectively be made, of or belonging to the person, body politic or corporate, upon or against whom such orders and decrees shall respectively be made, in such and the same manner as the same would have been leviable if the same lands, tenements, or hereditaments had been lawfully assessed in the amount or respective amounts of the same costs, charges, and expences to or for a lawful scot, rate, or assessment for the purposes of the same commission, and the same lands, tenements, and hereditaments shall be subject to all such and the same orders and decrees as the same would have been subject to, and such orders and decrees shall be of the same force and authority as if the same costs, charges, and expences were a lawful scot, rate, or assessment as aforesaid, and unpaid. faulters. LVI. Provided also, That all and every sum and sums of money Appropriation which shall or may be raised or levied by or for the costs, charges, and of costs whea expences of any officer of sewers as aforesaid shall be paid into the levied. hands of the treasurer or expenditor of the said commissioners acting for the district in or for which the orders or decrees shall respectively be made, and shall be paid, applied, and disposed of, so far as the same will extend, in defraying and reimbursing the costs, charges, and expences which shall have been so incurred as aforesaid, subject to such order and disposition of the said commissioners, as they or any six or more of them shall deem to be just and reasonable. LVII. That commissioners of sewers may sue and be sued at law or Commissioners in equity for or concerning any matter or thing whatever, or for or re- of sewers may lating to the lands and hereditaments or other property vested or to sue and be become so vested in them as aforesaid, or to any river, stream, sewer, sued in the wall, bank, or other work or matter within or under the view, cogni- name of their zance, management, or jurisdiction of such commissioners, in the name of any one commissioner, or in the name of their clerk for the time being; and in any action or actions of ejectment which shall or may be brought or prosecuted by the said commissioners for recovering the possession of such houses, buildings, or other property so vested in clerk. No. I. 3 & 4 W. 4, c. 22. Clerks and to be reimbursed. them as aforesaid, it shall be sufficient to lay the demise in such action or actions in the names of six commissioners, or in the name of such clerk; and no action or suit to be brought or commenced by or against the said commissioners or the said clerk in manner aforesaid shall abate or be discontinued by the death, resignation, or removal of such commissioners or of such clerk, or by the expiration of any commission of of sewers or other authority under which the said commissioners or clerk may act as aforesaid; provided that no execution shall issue or be had in any such action or suit against such commissioners or clerk until six months shall have elapsed after final judgment in such action or suit shall have been obtained. LVIII. Provided always, That every such clerk in whose name any commissioners such action or suit shall be brought, commenced, or sued, and every such commissioner of sewers whose name shall be used in any bill, information, prosecution, or indictment, in pursuance of this act, and that every such commissioner of sewers in whose name the said commis. sioners shall so sue or be sued as aforesaid, shall be fully reimbursed and paid all such costs, charges, damages, and expences as by the event or in consequence of any such action, suit, bill, information, indictment, or prosecution he shall pay, sustain, or be put unto, or become chargeable with or liable to by reason of his being plaintiff or defendant as aforesaid, or his name being used as aforesaid, by and out of the monies that shall be in or come to the hands of the said clerk or of the treasurer or expenditor for the time being as such clerk, treasurer, expenditor, or by and out of the monies to arise and be collected by a scot, rate, or tax to be granted, raised, and levied, under the authority and direction of the said commissioners of sewers having authority to raise and levy such scot, rate, or tax, or such of them as shall be authorized to act on behalf of themselves and the others, as the case may be, on the scotable, rateable, or taxable lands, tenements, and hereditaments, the district for which he or they so acts or act, or hath or have acted as clerk as aforesaid, or for which he is so authorized to act as aforesaid; and which said scot, rate, or tax may be levied and raised under and by virtue of this act for the purposes aforesaid. Clerk, being plaintiff may be a witness. Rule for the interpretation of certain words and terms of this act. This act not to LIX. Provided always, and be it further enacted, That the clerk being the plaintiff, prosecutor, or defendant in any such actions, suits, proceedings, prosecutions, or indictments as aforesaid shall not affect the competency of such clerk to be a witness in any such actions, suits, prosecutions, and indictments, in the same manner as he might have been if his name had not been made use of as the plaintiff, prosecutor, or defendant in any such actions, suits, proceedings, prosecutions, or indictments. LX. That the words "court" and "court of sewers" in this act shall respectively be deemed to mean every court, sessions, assemblage, or meeting of any six or more commissioners of sewers (three whereof being of the quorum) named in any commission of sewers, and acting in the execution thereof; and wherever in this act any word or words is or are used or employed importing the singular number or the masculine gender only, such word or words shall extend to and shall be construed to include several persons as well as one person, and females as well as males, and a body or bodies politic, corporate, or collegiate, corporation or corporations aggregate or sole, as well as individuals, unless it be otherwise specially directed or provided for. LXI. That nothing in this act contained shall extend or be construed prejudice any to extend to affect, alter, abridge, or interfere with any local or private focal act. act of parliament for sewers concerning any county, city, town, district, lands, or limits, or any commission of sewers in the county of Middlesex, within the distance of ten miles from the Royal Exchange in the city of London, except such parts of the said county as may lie within any commission of sewers of the county of Essex; or to affect, alter, abridge, or interfere with any navigable river, canal, port, or harbour under the management or power of any commissioners, trustees, or proprietors by virtue of any local or private act of parliament; or to No. I. affect, alter, abridge, or interfere with any charter, law, usage, or custom 3 & 4 W. 4, in or concerning Romney Marsh in Kent, or the great level of the fens called Bedford Level. c. 22. LXII. That nothing in this act contained shall extend or be construed Saving rights of to extend to repeal, or in anywise affect, alter, abridge, or interfere with the city of Lonthe commissioners of sewers of the city of London and liberties thereof, don. or the rights, powers, or privileges of the mayor and commonalty and citizens of the city of London, in relation to the sewers, drains, vaults, and bridges within the said city or liberties, or any act or acts of parliament heretofore made for making, amending, defending, widening, altering, or cleansing the said sewers, drains, vaults, and bridges within the said city and liberties. [No. II.] 4 & 5 W. IV. c. 42.-An Act to facilitate the taking of Affidavits and Affirmations in the Court of the Vice-Warden of the Stannaries of Cornwall. [30th July 1834.] WHEREAS suitors and others having business in the courts of the stanneries, held by the vice-warden of the said stannaries, can make affidavits or affirmations relating thereto before the vice-warden only; and it is expedient, and will be for the benefit of such suitors and others, that other persons as well as the said vice-warden have authority missions from vice-warden of the stannaries, to take such affidavits or affirmations: Be it therefore enacted, &c. That Commissioners any commissioner of any of the superior courts of common law at West- of superior minster, having by commission from such courts or any of them autho- courts of comrity to take affidavits in matters relating to such courts or any of them, mon law at may, without fee or reward, apply for and have, by commission from Westminster, the said vice-warden, under the seal of the stannaries kept by him, au- having comthority to take affidavits or affirmations in all suits and matters relating thereto brought into the court of the said vice-warden by way of appeal from the courts of the stewards of the said stannaries; and that any empowered to master extraordinary of his Majesty's high court of chancery may, with- take affidavits out fee or reward, apply for and have, by like commission from the said in the court of vice-warden, authority to take affidavits or affirmations in all other suits, the vice-warpetitions, or matters to be commenced or being in the court of the said den. vice-warden; and that all and every person and persons wilfully swearing Persons swearor affirming falsely in any affidavit to be made before any person so au- ing falsely bethorized to take affidavits or affirmations as aforesaid shall be deemed fore them guilty of perjury, and be liable to the penalties of perjury, and be there- guilty of perfore prosecuted in any court of competent jurisdiction. jury. II. That this act shall commence and take effect on the first day of CommenceOctober one thousand eight hundred and thirty-four. ment of act. III. That this act shall be deemed and taken to be a public act, and Public act. shall be judicially taken notice of as such by all judges, justices, and others. [No. III.] 5 & 6 W. IV. c. 94.-An Act for amending and (1) This statute is printed among the local acts, but its importance justifies its insertion in the present work. |