Case; and if it shall be proved to any Two such Justices that the Plaintiff in the Action is insolvent, so that the High Constable can have no Relief as to such taxed Costs, such Justices shall make an Order upon the Treasurer of the County, Riding, or Division as aforesaid, for the Payment of the Amount of such taxed Costs; and the Justices of the Peace at the next General Reimbursing or Quarter Sessions of the Peace to be holden for any such the County County, Riding, or Division, or any Adjournment thereof, shall Treasurer. direct such Sum or Sums of Money as shall have been paid or ordered to be paid by the Treasurer by virtue of any such Warrant or Order as hereinbefore mentioned, to be raised on the Hundred or other like District against the Inhabitants of which any such Action shall have been brought, over and above the general Rate to be paid by such Hundred or District in common with the rest of the County, Riding, or Division, under the Acts relating to County Rates; and such Sum or Sums shall be raised in the Manner directed by those Acts, and shall be forthwith paid over to the Treasurer. Mode of Pro ceeding in Cases where the Damage • VIII. And Whereas it is expedient to provide a summary 'Mode of Proceeding where the Damage is of small Amount;' Be it therefore enacted, That it shall not be lawful for any Person to commence any Action against the Inhabitants of any Hundred does not exceed or other like District, where the Damage alleged to have been sol. sustained by reason of any of the Offences in this Act mentioned shall not exceed the Sum of Thirty Pounds, but the Party damnified shall, within Seven Days after the Commission of the Offence, give a Notice in Writing of his Claim for Compensation, according to the Form in the Schedule hereunto annexed, to the High Constable or some one of the High Constables (if there be more than One) of the Hundred or other like District in which the Offence shall have been committed; and such High Constable shall, within Seven Days after the Receipt of the Notice, exhibit the same to some Two Justices of the Peace of the County, Riding, or Division in which such Hundred or District shall be situate, residing in or acting for such Hundred or District, and they shall thereupon appoint a Special Petty Session of all the Justices of the Peace of the County, Riding, or Division, acting for such Hundred or District, to be holden within not less than Twenty nor more than Thirty Days next after the Exhibition of such Notice, for the Purpose of hearing and determining any Claim which may be then and there brought before them on account of any such Damage; and such High Constable shall, within Three Days after such Appointment, give Notice in writing to the Claimant, of the Day and Hour and Place appointed for holding such Petty Session, and shall within Ten Days give the like Notice to all the Justices acting for such Hundred or District; and the Claimant is hereby required to cause a Notice in Writing, in the Form in the Schedule hereunto annexed, to be placed on the Church or Chapel Door, or other conspicuous Part of the Parish, Township, or Place in which such Damage shall have been sustained, on Two Sundays preceding the Day of holding such Petty Session. IX. And be it enacted, That it shall be lawful for the Justices, Such Cases to not being less than Two, at such Petty Session or any Adjourn- be settled by the ment Justices at a Penalty on High Constable for Neglect. Proceeding in case of Da mage to a Church or Chapel. In case of Damage to Property belonging to a Corporation. Where the Damage is committed in any County of a City, &c. ment thereof, to hear and examine upon Oath or Affirmation the Claimant, and any of the Inhabitants of the Hundred or other like District, and their several Witnesses, concerning any such Offence, and the Damage sustained thereby; and thereupon the said Justices, or the major Part of them, if they shall find that the Claimant has sustained any Damage by means of any such Offence, shall make an Order for Payment of the Amount of such Damage to him, together with his reasonable Costs and Charges, and also an Order for Payment of the Costs and Charges (if any of the High Constable or Inhabitants, and shall direct such Order or Orders to the Treasurer of the County, Riding, or Division in which such Hundred or District shall be situate, who shall pay the same to the Party or Parties therein named, and shall be reimbursed for the same in the Manner hereinbefore directed. X. And be it enacted, That if any High Constable shall refuse or neglect to exhibit or give such Notice as is required in any of the Cases aforesaid, it shall be lawful for the Party damnified to sue him for the Amount of the Damage sustained, such Amount to be recovered by an Action on the Case, together with full Costs of Suit. XI. And be it enacted, That every Action or summary Claim to recover Compensation for the Damage caused to any Church or Chapel by any of the Offences in this Act mentioned, shall be brought in the Name of the Rector, Vicar, or Curate of such Church or Chapel, or in case there be no Rector, Vicar, or Curate, then in the Names of the Church or Chapelwardens, if there be any such, and if not, in the Name or Names of any One or more of the Persons in whom the Property of such Chapel may be vested; and the Amount recovered in any such Case shall be applied in the rebuilding or repairing such Church or Chapel; and where any of the Offences in this Act mentioned shall be committed on any Property belonging to a Body Corporate, such Body may recover Compensation against the Hundred or other like District, in the same Manner and subject to the same Conditions as any Person damnified is by this Act enabled to do: Provided always, that the several Conditions which are hereinbefore required to be performed by or on behalf of any Person damnified, may, in the Case of a Body Corporate, be performed by any Officer of such Body on behalf thereof. 6 XII. And Whereas the Offences for which Compensation is 'granted by virtue of this Act may be committed in Counties of Cities and Towns, or in such Liberties, Franchises, Cities, Towns, ' and Places, as either do not contribute at all to the Payment of any County Rate, or contribute thereto, but not as being Part of any Hundred or other like District; and it is expedient to ' provide for all such Cases;' Be it therefore enacted, That where any of the Offences in this Act mentioned shall be committed in does not contri- a County of a City or Town, or in any such Liberty, Franchise, or in any Liberty, &c. which is not within any Hundred, or bute to the County Rate, such County, Liberty, &c. shall be liable like the Hundred. City, Town, or Place, the Inhabitants thereof shall be liable to yield Compensation in the same Manner, and under the same Conditions and Restrictions in all respects, as the Inhabitants of the Hundred; and every thing in this Act in anywise relating to a Hundred, or to the Inhabitants thereof, shall equally apply to every County of a City or Town, and to every such Liberty, Franchise, Franchise, City, Town, and Place, and to the Inhabitants thereof; and where the Justices of the Peace of the County, Riding, or Division are excluded from holding Jurisdiction in any such Liberty, Franchise, City, Town, or Place, in every such Case all the Powers, Authorities, and Duties, by this Act given to or imposed on such Justices, shall be exercised and performed by the Justices of the Peace of the Liberty, Franchise, City, Town, or Place in which the Offence shall be committed; and where the Offence shall be committed in a County of a City or Town, all the like Powers, Authorities, and Duties shall be exercised and performed by the Justices of the Peace of such County of a City or Town; and in every Action to be brought or summary Claim to be preferred under this Act against the Inhabitants of a County of a City or Town, or of any such Liberty, Franchise, City, Town, or Place, the Process for Appearance in the Action, and the Notice required in the Case of the Claim, shall be served upon some one Peace Officer of such County, Liberty, Franchise, City, Town, or Place; and all Matters which by this Act the High Constable of a Hundred is authorized or required to do in either of such Cases, shall be done by the Peace Officer so served, who shall have the same Powers, Rights, and Remedies as such High Constable has by virtue of this Act, and shall be subject to the same Liabilities; and shall, notwithstanding the Expiration of his Office, continue to act for all the Purposes of this Act until the Termination of all Proceedings in and consequent upon such Action or Claim; but if he shall die before such Termination, his Successor shall act in his Stead. XIII. And, for securing the due Execution of Writs in the Cinque Ports, and in Places where Writs are directed to other Officers than the Sheriff, and in Liberties where the Sheriff is not warranted in executing Writs, be it enacted, That all other such Officers to whom any Writ of Execution under this Act shall be directed, by whatsoever Name they shall be known, shall have the same Power of granting a Warrant for Payment of the Sum by such Writ directed to be levied as is hereby given to the Sheriff in case of a Writ of Execution directed to him; and that every Sheriff and other such Officer as aforesaid shall have Authority to grant his Warrant under this Act, notwithstanding the Offence shall have been committed in, or the Treasurer or other Person to whom such Warrant shall be directed shall reside or be in, any Liberty where the Sheriff or Officer is not warranted in executing Writs. Provision for Writs in certain Mode of Reim- within any XIV. And as to the Mode of Payment and Reimbursement under this Act in such Liberties, Franchises, Cities, Towns, and Places as contribute to the Payment of the County Rate, but not as being Part of any Hundred, be it enacted, That the Warrant of the Sheriff or other Officer upon any Writ of Execution against the Inhabitants of any such Liberty, Franchise, City, Town, or Place, and every Order of Justices for Payment to the Party damnified therein, or to the Peace Officer or Inha- the County bitants thereof, by virtue of this Act, shall be directed to the Treasurer of the County, Riding, or Division in which such Liberty, Franchise, City, Town, or Place shall be situate, who is hereby required to pay the same; and the Justices of the Peace Rate. of Mode of Reim. This Act not to extend to Scot land or Ireland. of such County, Riding, or Division, at their next General or Quarter Sessions of the Peace, or any Adjournment thereof, shall direct such Sum or Sums of Money as shall have been so paid or ordered to be paid by the Treasurer to be raised on such Liberty, Franchise, City, Town, or Place, over and above the general Rate to be paid by the same in common with the rest of the County, Riding, or Division, under the Acts relating to County Rates, and such Sum or Sums shall be raised in the Manner directed by those Acts, and shall be forthwith paid over to the Treasurer. XV. And as to the Mode of Payment and Reimbursement under this Act in Counties of Cities and Towns, and in such Liberties, Franchises, Cities, Towns, and Places as do not contribute to the Payment of the general County Rate, be it enacted, That all Sums of Money payable either by virtue of any Warrant of the Sheriff or other Officer, or of any Order or Orders arising out of any Action or summary Claim against the Inhabitants of any County of a City or Town, or of any such Liberty, Franchise, City, Town, or Place, shall be paid out of the Rate (if any) in the Nature of a County Rate, or out of any Fund applicable to similar Purposes, where there is such a Rate or Fund therein, by the Treasurer or other Officer having the Collection or Disbursement of such Rate or Fund; and where there is no such Rate or Fund in such County, Liberty, Franchise, City, Town, or Place, the same shall be paid out of the Rate or Fund for the Relief of the Poor of the particular Parish, Township, District, or Precinct therein, where the Offence was committed, by the Overseers or other Officers having the Collection or Disbursement of such last-mentioned Rate or Fund; and in every such Case the Warrant and Orders shall be directed and delivered to such Treasurer, Overseers, or other Officers respectively, instead of the Treasurer of the County, Riding, or Division, as the Case may require. XVI. Provided always, and be it enacted, That nothing herein contained shall extend to Scotland or Ireland. SCHEDULE. FORM of NOTICE to the High Constable of a Hundred or other like District, or to the Peace Officer of a County of a City or Town, or of a Liberty, Franchise, City, Town, or Place. To the High Constable [or to of, &c.] a Peace One of the High Con- I HEREBY give you Notice, That I intend to claim Compensation from the Inhabitants of [here specify the Hundred or other like District, or County of a City, &c., or Liberty, Franchise, &c., as the Case may be], on account of the Damage which I have sustained by means of [here state the Offence, the Time and Place where it was committed, and the Nature and Amount of the Damage]; and I hereby require you, within Seven Days after your Receipt of this Notice, to exhibit the same to some Two Justices of the Peace of the County [Riding or Division] of of residing in or acting for the said Hundred, &c. [or if in a Liberty, Franchise, &c. where the Justices of the County, Riding, or Division have no Jurisdiction, then say, to some Two Justices of the Peace of, naming the Liberty, Franchise, &c.], [or if in a County of a City, &c. then say, to some Two Justices of the Peace of, naming the County of the City, &c.], in order that they may appoint a Time and Place for holding a Special Petty Session to hear and determine my Claim for Compensation by virtue of an Act passed in the Seventh and Eighth Years of the Reign of King George the Fourth, intituled An Act for consolidating and amending the Laws in England relative to Remedies against the Hundred; and you are required to give me Notice of the Day, Hour, and Place appointed for holding such Petty Session within Three Days after the Justices shall have appointed the same. Given under my Hand this the Year of our Lord Day of in FORM of NOTICE to be placed on the Church or Chapel or Place, (as the Case may be). on the Day of I HEREBY give Notice, That I shall apply for Compensation to Day of An Act to explain and amend an Act passed in the Seventh THEREAS by an Act passed in the Seventh Year of the Reign of His present Majesty, intituled An Act to prevent 7 G. 4. c. 60. the wilful and malicious Destruction of Dwelling Houses in Ireland, it is amongst other Things enacted, that all and every 'Person and Persons who, under Pretence of becoming bona fide Tenant or Tenants of any Dwelling House or other Building, or by Power under or Collusion with any Person or Persons ' having or claiming to have Title thereto, as Tenant or Tenants for the Term of any Life or Lives, with or without any Covenant for Renewal, or for Years, or other less Term, certain or at Will, 'shall obtain and get Possession of ány Dwelling House or other Building for the fraudulent and malicious Purpose of pulling ' down or demolishing the same, or of doing other unlawful Waste or Destruction, or who, being possessed of any such 'Dwelling House or other Building, or Part of such Dwelling 7 & 8 GEO. IV. P • House |