Forms of Information and Conviction.

whose Name and Residence shall be unknown to such Officer or Agent, and who shall commit any Offence against this Act, and to convey him before some Justice of the Peace for the said County of Middlesex, without any other Warrant or Authority than this Act, and such Justice is hereby empowered and required to proceed immediately to the hearing and determining of the Complaint.

XCIV. And be it enacted, That all Justices of the Peace before whom any Person shall be informed against or convicted for or in respect of any Offence against this Act may cause the Information (whenever an Information shall be taken in Writing or in Print) and the Conviction respectively to be drawn up according to the following Forms, or any other Forms to the same Effect, as the Case may require; (that is to say,)

Information.

6

to wit.

Conviction.

Power to Justices to administer Oaths.

Penalty on
Witnesses re-

fusing to attend
and give Evi-
dence.

Persons aggrieved may appeal to

Quarter Sessions.

}BE

E it remembered, That on the
A.B. of

Day of

informeth me C.D.,
'One of Her Majesty's Justices of the Peace for the County of
'Middlesex, that E.F. of
[here describe the Offence,

' and the Time and Place when and where committed], contrary
to an Act passed in the Ninth and Tenth Years of the Reign of
'Her Majesty Queen Victoria, intituled [here insert the Title of
this Act], which hath imposed a Forfeiture of
for the said Offence. Taken the
before me,

to wit.

C.D.'

}BE it remembered, That on the

Day of

in the Year of Our Lord

Day of 'A.B. is convicted before me C.D., One of Her Majesty's Justices of the Peace for the County of Middlesex, [here describe the Offence, and the Time and Place when and where committed,] contrary to an Act passed in the Ninth and Tenth Years of the Reign of Her Majesty Queen Victoria, intituled [here insert the Title of this Act]. Given under my Hand and Seal, the Day and Year first above written.

C.D.'

XCV. And be it enacted, That in all Cases in which any Justice of the Peace is authorized by this Act to examine any Person, or to take cognizance of or to hear or determine any Matter of Complaint, it shall be lawful for such Justice and he is hereby required to administer an Oath or to receive the Affirmation of any Person before he shall be examined by or before such Justice.

XCVI. And be it enacted, That if any Person who shall be summoned as a Witness to attend and give Evidence before any Justice of the Peace touching any Matter or Fact contained or involved in or affecting any Information or Complaint for any Offence committed against this Act, either on the Part of the Prosecutor or on the Part of the Party summoned or accused, shall refuse to be examined upon Oath, or in the Case of a Quaker or Separatist on Affirmation, to give Evidence before such Justice, then and in either of the said Cases every such Person shall forfeit and pay any Sum not exceeding Five Pounds for every such Offence.

XCVII. And be it enacted, That the said Commissioners, and all other Corporations and Persons who may think themselves aggrieved by any Order, Judgment, or Determination of any Justice of the Peace relating to any Matter or Thing in this Act mentioned

mentioned or contained, and for which no Power of Appeal is by this Act specially given, may, within Four Calendar Months next after such Order, Judgment, or Determination shall have been made or given, appeal to the Justices of the Peace at any General or Quarter Sessions to be held for the said County of Middlesex, first giving Ten Days Notice in Writing of such Intention to appeal, and of the Grounds and Nature thereof, to the Party against whom such Complaint is intended to be made, or to the said Commissioners, as the Case may be, and forthwith after such Notice, in the Case of an Individual appealing, entering into Recognizance before some Justice of the Peace, with Two sufficient Sureties, conditioned to try such Appeal, and to abide the Order and Award of the said Court thereon ; and the same Justices shall, in a summary Way, either hear and determine the said Complaint at such General or Quarter Sessions, or (if they think proper) adjourn the hearing thereof to the following General or Quarter Sessions of the Peace to be held for the said County of Middlesex, and may, if they see Cause, mitigate or release any Penalty or Forfeiture, and may order any Money to be returned which shall have been levied in pursuance of such Order or Determination, and may also order any such further Satisfaction to be made to the Party injured as they shall judge reasonable, and may also order such Costs to be paid to the Party aggrieved by the Party aggressing as they shall think reasonable.

XCVIII. And be it enacted, That in all Cases in which it may Declaring what be necessary for any Person or Corporation to serve any Summons shall be good or Demand, or any Notice, or any Writ or other Proceeding at Service of NoLaw or in Equity, upon the said Commissioners, personal Service tice on the thereof upon the Secretary or Clerk of the said Commissioners, or leaving the same at the Office of the said Commissioners, shall be deemed good and sufficient Service of the same respectively on the said Commissioners.

XCIX. And be it enacted, That in all Cases in which it may be necessary for the said Commissioners to serve any Summons or Demand, or any Notice, or any Writ or other Proceeding at Law or in Equity, upon any Person or Corporation, under the Provisions of this Act, personal Service thereof respectively upon such Person, or upon some Member or upon the Clerk or other Officer of such Corporation, or delivering the same to some Inmate of the last or usual Place of Abode of such Person, or of such Member, Clerk, or other Officer, shall be deemed good and sufficient Service of the same respectively upon such Person or Corporation (as the Case may be): Provided always, that every Summons, Demand, or Notice, or other Document requiring Authentication by the said Commissioners, may be signed by any One of the Commissioners for the Time being of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, or by the Secretary of such Commissioners, and need not be under the Common Seal of the said Commissioners.

C. And be it enacted, That in case any Person against whom the said Commissioners shall have any Člaim or Demand shall become bankrupt or insolvent, it shall be lawful for any Person, who shall from Time to Time in that Behalf be appointed by Writing under the Common Seal of the said Commissioners, to 9 & 10 VICT.

Y

act

Commissioners.

Declaring what shall be good Service by the

Commissioners.

How Debts may be proved

in Cases of Bankruptcy.

Distress not unlawful for

act on behalf of the said Commissioners in respect of any such Claim or Demand, and for that Purpose to do all the same Acts, and to have and exercise all the same Powers and Privileges, as to the Establishment or Proof of Debts, voting in the Choice of Assignees, and otherwise in respect of or relating to the Claim or Demand of the said Commissioners, as any Person, being a Creditor of such Bankrupt or Insolvent, or a Claimant against his Estate, could have or exercise in respect of such Person's Debt or Claim.

CI. And be it enacted, That where any Distress shall be made for any Money to be levied by virtue of this Act, the Distress Want of Form. itself shall not be deemed unlawful, nor shall any Party making the same be deemed a Trespasser, on account of any Defect or Want of Form in the Summons, Conviction, Warrant, Distress, or other Proceeding relating thereto, nor shall such Party be deemed a Trespasser ab initio on account of any Irregularity which shall be afterwards committed by him, but all Persons aggrieved by such Defect or Irregularity may recover full Satisfaction for the special Damage by an Action upon the Case.

Proceedings not to be quashed for

Want of Form.

Persons giving false Evidence guilty of Perjury.

Plaintiff not to
recover without
Notice, or after
Tender of
Amends.

CII. And be it enacted, That no Proceeding to be had or taken in pursuance of this Act shall be quashed or vacated for Want of Form, or be removed by Certiorari, or by any other Writ or Proceeding whatsoever, into any of Her Majesty's Courts of Record at Westminster or elsewhere, any Law or Statute to the contrary notwithstanding.

CIII. And be it enacted, That all Persons who upon any Examination to be taken by virtue of this Act shall wilfully and corruptly give false Evidence or otherwise forswear themselves before any Jury, or before any Justice of the Peace acting as such in the Execution of this Act, shall and may be prosecuted for the same, and upon Conviction thereof shall be subject and liable to such and the same Pains and Penalties as Persons guilty of wilful and corrupt Perjury are by the Laws in being subject and liable to. CIV. Provided always, and be it enacted, That no Plaintiff or Plaintiffs shall recover in any Action to be commenced against any Person or Persons for any thing done in pursuance of this Act, unless Notice in Writing shall have been given to the Defendant or Defendants, or left at his, her, or their last or usual Place or Places of Abode, Twenty-one Days before such Action shall be commenced, of such intended Action, signed by the Attorney for the Plaintiff or Plaintiffs, specifying the Cause of such Action, nor shall the Plaintiff or Plaintiffs recover if Tender of good and sufficient Amends shall have been made to him, her, or them, or his, her, or their Attornies, by or on behalf of the Defendant or Defendants, before such Action brought, nor if such Tender of Amends shall be made at any Time after such Action brought, and before the Trial thereof, with Costs of Suit to the Time of such last-mentioned Tender, but on Proof of such Tender on any Trial to be had in such Action the Plaintiff or Plaintiffs shall be nonsuited, and shall pay full Costs, to be recovered in the same Manner as any Defendant or Defendants may recover Costs in any other Case by Law; or in case no Tender shall have been made it shall be lawful for the Defendant or Defendants in any such Action, by Leave of the Court wherein any such Action shall depend,

7

depend, at any Time before Issue joined, to pay into Court such Sum of Money as he, she, or they shall think fit, whereupon such Proceedings, Order, and Judgment shall be had, made, and given in and by such Court as in other Actions where the Defendant is allowed to pay Money into Court.

CV. Provided always, and be it enacted, That no Action or Suit Limitation of shall be brought or prosecuted against the Commissioners for exe- Actions. cuting this Act, or against any other Person or Persons, Body or Bodies Politic, Corporate, or Collegiate, for any thing done in pursuance of this Act, after Three Calendar Months next after the Fact committed, or in case there shall be a Continuation of Damages then after Three Calendar Months next after the doing or committing such Damage shall have ceased, and not afterwards; and every such Action or Suit shall be laid and brought in the Liberty or County where the Matter in dispute shall arise, and not elsewhere; and the Defendant or Defendants in every such Action or Suit shall and may, at his, her, or their Election, plead specially, or plead the General Issue, and give this Act and the 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 it shall appear to have been so done, or if any such Action or Suit shall have been brought after Twentyone Days Notice shall have been given, or after a sufficient Satisfaction made or tendered as aforesaid, or shall be brought in any other County or Place than as aforesaid, then and in every such Case the Jury or Juries shall find for the Defendant or Defendants.

CVI. And be it enacted, That nothing contained in this Act Saving the shall be deemed or construed to extend, either directly or by Rights of Her Implication or otherwise, to prejudice or affect any Right of Majesty, &c. Property or Title belonging to Her Majesty, Her Heirs or Successors, in or to the Ground or Soil and Bed of the River Thames or the Shores thereof, or to prejudice, diminish, alter, or take away any of the Rights, Privileges, Powers, or Authorities vested in or enjoyed by Her Majesty, Her Heirs or Successors.

London.

CVII. Provided always, and be it enacted, That nothing in Saving the this Act contained shall prejudice or be deemed or construed to Rights of the extend to prejudice any Right of Property or Title of the said Corporation of Mayor and Commonalty and Citizens of the City of London, or their Successors, in or to the Soil and Bed of the River Thames or the Shores thereof, or prejudice or derogate from any of the Estates, Rights, Privileges, Franchises, Jurisdiction, or Authority of the Mayor and Commonalty and Citizens of the City of London, or their Successors, or the Lord Mayor for the Time being of the same City, or prohibit, defeat, alter, or diminish any Power, Authority, or Jurisdiction which at the Time of passing this Act the said Mayor and Commonalty and Citizens, or the said Lord Mayor for the Time being, as Conservator of the River Thames, or otherwise, did or might lawfully claim, use, or exercise.

CVIII. Provided always, and be it enacted, That nothing in this Act contained shall extend to prejudice, diminish, alter or take away any of the Rights, Powers, or Authorities vested in the Commissioners of Sewers for the City and Liberties of West minster and Part of the County of Middlesex, but all the Rights, Y 2

Powers,

For protectirg the Rights of the Commis

sioners of Sewers.

Commissioners

may give effect

to certain

Agreements.

Power for

Chelsea Water works Company

to make a Cut through the intended Roadway, &c.

Application of
Monies to be

received by the
Commissioners
under this Act.

Application of
Tolls received

Powers, and Authorities vested in such Commissioners shall be as good, valid, and effectual as if this Act had not been made.

CIX. And be it enacted, That it shall be lawful for the Commissioners for executing this Act to give effect to any Agreement made or purporting to have been made on behalf of the Commissioners of Woods, Forests, Land Revenues, Works, and Buildings, by any One of the said Commissioners, in reference to the Matters contemplated by this Act.

CX. And be it enacted, That after the Expiration of the Lease under which the Governor and Company of Chelsea Waterworks now hold certain Frontage and Land at Thames Bank, granted by the Marquis of Westminster, it shall be lawful for the said Governor and Company of Chelsea Waterworks, provided at the Expiration of such Lease the said Governor and Company shall no longer be permitted to use the Entrance of the Cut or Layby to the Grosvenor Canal, so as to have Access to their Freehold Property, to make a Cut or Entrance through the said intended Roadway and Embankment on and into their Freehold Land at Thames Bank aforesaid, with a Bridge over it, and all necessary Works, the same to be subject to the Approval of the Commissioners for the Time being for executing this Act, and saving the Rights of the Crown and of the Corporation of the City of London; and the said Bridge and the Roadway over the said Cut shall be kept in repair by and maintained at the Expence of the Person or Persons liable to the Repair of the Road under the Provisions of this Act.

CXI. And be it enacted, That all and every Sum and Sums of Money which shall be received by the said Commissioners for executing this Act, in respect of any Contributions as aforesaid, or from any Sales herein-before directed to be made, or as the Premium on the granting any Building Lease, or which may be received on the rescinding any Contract, or which shall be forfeited in respect of the Nonperformance of any Contract, and also the Rents (if any) of all the Hereditaments which may be acquired under or by virtue of this Act, until the same shall be sold, and all other Monies to be received by the said Commissioners under or by virtue of this Act, shall (after Payment of the Costs and Expences of the said Sale or Sales which are hereby directed to be paid thereout) be applied by the said Commissioners, in the first place, in or towards any of the Purposes of this Act, and in the next place in maintaining and keeping in repair the said Bridge, Piers, Stairs, Hards, and Landing Places, and, subject as aforesaid, the said Commissioners shall pay off and satisfy such Mortgage or Charge thereon as aforesaid, and the Interest thereof, and, subject as aforesaid, shall pay all the Residue and Surplus of the Monies which shall come into their Hands by virtue of this Act as aforesaid into the Bank of England, to the Account of Her Majesty's Exchequer, and to be carried to and made Part of the Consolidated Fund of the United Kingdom of Great Britain and Ireland.

CXII. And be it enacted, That all Tolls which shall be received by virtue of this Act, and all Rents for the same, and all Monies under this Act. to be received by the said Commissioners in respect of all Penalties, Fines, or Forfeitures hereby inflicted or authorized to be im

posed,