PARLIAMENTA RY FORMS. Private Act walls, rails, or fences surrounding the said church, or in or upon the churchyard or burial-ground thereto belonging, or the walls, rails, Burying-ground and fences surrounding the same, or shall permit or suffer the same (additional). rubbish, stones, soil, manure, litter, compost, or dung, or other similar nuisances, to remain near such church-yard or burial-ground, or the fences or fence thereof, longer than shall be necessary for the housing or removing the same therefrom, every person or persons so offending shall for every such offence forfeit and pay any sum not exceeding forty shillings. Inhabitants to be witnesses. For securing transient offend ers. Appeal to quarter sessions. And be it further enacted, That, [add penalty for blowing horns, &c.] (1) And be it further enacted, That in all actions, prosecutions, informations, causes and proceedings relating to or concerning the execution of this act, no inhabitant parishioner shall be deemed an incompetent witness on account of his or her being charged with, or liable to pay, or having paid any rate or assessment to be raised, levied and collected by virtue of this act. And be it further enacted, That [add mode of recovery of penalties (2)]. And be it further enacted, That it shall be lawful for the said churchwardens, overseers, vestrymen and occupiers as aforesaid, of the said parish, or any of them, or for any of their officers, and such person or persons as they or any of them shall call to his or their assistance, without any warrant or other authority than this act, to seize and detain any person or persons, being unknown to such churchwardens, overseers, vestrymen and occupiers as aforesaid, or other officers, who shall commit any offence or offences against this act, and to deliver him, her or them into the custody of any peace officer, in order to be secured and conveyed before any justice or justices of the peace of the said county of and such jus tice or justices is and are hereby required to proceed and act, with respect to such offender or offenders, according to the provisions of this act. And be it further enacted, That [add form of conviction of offenders (3)]. Provided always, and be it further enacted, That if the said churchwardens, overseers, vestrymen and occupiers as aforesaid, or (1) See ante, p. 88. PARLIAMENTA RY FORMS. Private Act any other person or persons, shall think themselves, himself, or herself aggrieved by any rate or rates, assessment or assessments, or any judgment or determination, or by any matter or thing made, given, Burying-ground or done in pursuance of this act, the said churchwardens, overseers, (additional). vestrymen and occupiers as aforesaid, or such person or persons, may appeal to the justices of the peace at the first general or quarter sessions of the peace to be holden for the county or place within which the matter of appeal shall arise, next after the expiration of two calendar months from the time such matter of appeal shall have arisen, the said churchwardens, overseers, vestrymen and occupiers as aforesaid, so appealing, having first given twenty-one days' notice at the least of their intention to bring such appeal, and of the particular matter or matters, cause or causes thereof, to the party or parties interested therein; and such other person or persons appealing (not being the said churchwardens, overseers, vestrymen and occupiers as aforesaid) having first given twenty-one days' notice at the least of his, her or their intention to bring such appeal, and of the particular matter or matters, cause or causes thereof, to the vestry-clerk of the said parish, or other the person or persons against whose act, judgment or judgments, determination or determinations, such appeal is made; and such last-mentioned person or persons, within four days after such last-mentioned notice, entering into a recognizance before some justice of the peace of such county or place, with two sufficient sureties, conditioned to try such appeal, and abide the order or award of the said court thereon; and the said justices at such sessions, upon due proof of such notice or notices and recognizance having been given and entered into, are hereby authorized and required to hear and determine the cause and matter of such appeal in a summary way, and to make such order therein, and to award such costs to either of the parties, or otherwise, as they the said justices shall judge proper; and the said justices may also order such further satisfaction to be made to the party injured as they shall judge reasonable; and all such orders and determinations of the said justices shall be final, binding and conclusive upon all parties, to all intents and purposes whatsoever. And be it further enacted, That, &c. [add power for Justices to relieve on appeal against Rates, without quashing the whole assessment (1)]. And be it further enacted, That, &c. [add clause that Distress, &c. shall not be unlawful for want of Form (2)]. (1) See ante, p. 113. (2) See ante, pp. 68. 118. PARLIAMENTA RY FORMS. Private Act Burying ground (additional). And be it further enacted, That no order, verdict, judgment or other proceeding made touching or concerning the conviction of any offender or offenders against this act, shall be quashed or vacated for want of form only, or be removed or removeable by certiorari, or by any other writ or process whatsoever, into any of his Majesty's for want of form courts of record at Westminster or elsewhere; any law or statute to by the contrary thereof in anywise notwithstanding. Proceedings to be quashed or removeable not certiorari, Plaintiff not to recover without notice, or after tender of amends. And be it further enacted, That no plaintiff or plaintiffs shall recover in any action to be commenced against any person for any thing done in pursuance of this act, unless notice in writing shall have been given to the defendant or defendants, fourteen days at least before such action shall be commenced, of such intended action, signed by the attorney of the plaintiff or plaintiffs, specifying the cause of such action; nor shall the plaintiff or plaintiffs recover in any such action if tender of sufficient amends hath been made to him, her or them, or to his, her or their attorney, by or on behalf of the defendant or defendants, before such action brought; and in case no such tender shall have been made, it shall be lawful for the defendant or defendants in any such action, by leave of the court, after such action shall have been brought, 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 made and given in and by such court, as in other actions where the defendant is allowed to pay money into court. And be it further enacted, That, &c. [add usual clause for the Limitation of Actions (1)]. And be it further enacted, That, &c. [General Saving and Public Act clauses (2)]. (1) See ante, p. 58. PARLIAMENTA RY FORMS. Private Act Building (gaol). No. CCCCVI. A Bill or Private Act for building a new Gaol, Bridewell, or 1. The notice of an intention to Petition Parliament (2). NOTICE is hereby given that an application is intended to be made to parliament in the next session thereof, for an act to build a new gaol or house of correction, &c. [as the case may be], or to repair, alter and enlarge the same as shall be found necessary or expedient, and to take power by the said act to purchase the adjoining buildings thereto; and also to raise and levy by rates and assessments or otherwise, a sufficient sum of money for the said purposes. ) To, &c. (4). 2. The Petition to Parliament (3). The humble Petition of the several persons whose names are hereunto subscribed, being respectively inhabitants and freeholders therein, of the county of [or of the town of SHEWETH, in the county of That the gaol [or house of correction,] [as the case may be] for the county [or town] of is too small and unfit (1) See as to bills for these purposes, ante, PRACTICAL DIRECTIONS, chap. II. sec. ii. (2) See ubi sup. pl. 1. (3) Sec ibid. pl. 2. (4) See ante, p 46. |