Treasurer Treasurer, or left at his Residence; and if such Treasurer Recovery by pay any Money under such Distress as aforesaid, he may from comretain the Amount so paid by him, and all Costs and pany. Expenses occasioned thereby, out of any Money belonging to the Company coming into his Custody or Control, or he may sue the Company for the saine. Proceeding Compensa 144. Where in this or the special Act, or any Act in- Mode of corporated therewith, any Question of Compensation, before a Expenses, Charges, or Damages, is referred to the Deter- Justices in mination of any One Justice or more, it shall be lawful Questions of for any Justice, upon the Application of either Party, to tion, summon the other Party to appear before One Justice, Damages, &c. or before Two Justices, as the Case may require, at a Time and Place to be named in such Summons; and upon the Appearance of such Parties, or in the Absence of any of them, upon Proof of due Service of the Summons, it shall be lawful for such One Justice, or such Two Justices, as the Case may be, to hear and determine such Question, and for that Purpose to examine such Parties or any of them, and their Witnesses, on Oath; and the Costs of every such Inquiry shall be in the Dis- Costs. cretion of such Justices, and they shall determine the Amount thereof. by Company, Share cers, or mode of 145. The Company shall publish the short Particulars Publication of the several Offences for which any Penalty is imposed of Penalties by this or the special Act, or any Act incorporated there- on other than with, or by any Bye Law of the Company affecting other holders, offiPersons than the Shareholders, Officers, or Servants of servants: the Company, and of the Amount of every such Penalty"; publication: and shall cause such Particulars to be painted on a Board, or printed upon Paper and pasted thereon, and shall cause such Board to be hung up or affixed on some conspicuous Part of the principal Place of Business of the Company; and where any such Penalties are of local Application, shall cause such Boards to be affixed in For Offences, with Penalties against the public or persons unconnected with the Company, see Offences and Penalties in Index. some conspicuous Place in the immediate Neighbourhood to which such Penalties are applicable or have reference; and such Particulars shall be renewed as often as the same or any Part thereof is obliterated or destroyed; no Penalty and no such Penalty shall be recoverable unless it shall have been published and kept published in the Manner published. herein-before required. recoverable unless so Penalty for defacing Boards used for PublicaOffences and tion of Penalties. Recovery of before Justices: 146. If any Person pull down or injure any Board put up or affixed as required by this or the special Act, or any Act incorporated therewith, for the Purpose of publishing any Bye Law or Penalty, or shall obliterate any of the Letters or Figures thereon, he shall forfeit for every such Offence a Sum not exceeding Five Pounds, and shall defray the Expenses attending the Restoration of such Board. 147. Every Penalty or Forfeiture imposed by this or summarily, the special Act, or any Act incorporated therewith, or by any Bye Law" made in pursuance thereof, the Recovery of which is not otherwise provided for, may be recovered by summary Proceeding before Two Justices; and on Complaint being made to any Justice, he shall issue a Summons, requiring the Party complained against to appear before Two Justices at a Time and Place to be named in such Summons; and every such Summons shall be served on the Party offending, either in Person or by leaving the same with some Inmate at his usual Place of Abode; and upon the Appearance of the Party complained against,-or in his Absence, after Proof of the due Service of such Summons,-it shall be lawful for Two Justices to proceed to the Hearing of the Complaint, and that although no Information in Writing or in Print shall have been exhibited before them; and upon Proof of the Offence, either by the Confession of the Party complained against, or upon the Oath of One credible Witness or more, it shall be lawful for such Justices to convict the Offender, and upon such Conviction to * § 124-7, as to Bye-Laws, and note on § 124 (p. 103.) adjudge the Offender to pay the Penalty or Forfeiture incurred, as well as such Costs attending the Conviction Costs. as such Justices shall think fit. by Distress, 148. If forthwith upon any such Adjudication as Penalties aforesaid, the Amount of the Penalty or Forfeiture, and may be levied of such Costs as aforesaid, be not paid, the Amount of if not immesuch Penalty and Costs shall be levied by Distress; and such Justices, or either of them, shall issue their or his Warrant of Distress accordingly. diately paid. in Custody made to security be ment may be substituted 149. It shall be lawful for any such Justice to order offender any Offender so convicted as aforesaid, to be detained may be kept and kept in safe Custody until Return can be con- until return veniently made to the Warrant of Distress to be issued distress Warfor levying such Penalty or Forfeiture, and Costs, unless rant, unless the Offender give sufficient Security, by way of Recog- given: nizance or otherwise, to the Satisfaction of the Justice, for his Appearance before him on the Day appointed for such Return, such Day not being more than Eight Days from the Time of taking such Security; but if before or Imprisonissuing such Warrant of Distress it shall appear to the Justice, by the Admission of the Offender or otherwise, for Distress. that no sufficient Distress can be had within the Jurisdiction of such Justice whereon to levy such Penalty or Forfeiture, and Costs, he may, if he thinks fit, refrain from issuing such Warrant of Distress; and in such Case, or if such Warrant shall have been issued, and upon Return thereof such Insufficiency as aforesaid shall be made to appear to the Justice, then such Justice shall, by Warrant, cause such Offender to be committed to Gaol, there to remain without Bail for any Term not exceeding Three Months, unless such Penalty or Forfeiture, and Costs, be sooner paid and satisfied. to be levied: 150. Where in this or the special Act, or any Act in- Distress, how corporated therewith, any Sum of Money, whether in the Nature of Penalty or otherwise, is directed to be levied by Distress, such Sum of Money shall be levied by Distress and Sale of the Goods and Chattels of the Party liable to pay the same; and the Overplus arising Overplus to be repaid. Distress not unlawful for &c. from the Sale of such Goods and Chattels, after satisfying such Sum of Money and the Expenses of the Distress and Sale, shall be returned, on Demand, to the Party whose Goods shall have been distrained. 151. No Distress levied by virtue of this or the special Informality, Act, or any Act incorporated therewith, shall 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 of Distress, or other Proceeding relating thereto, nor shall such Party be deemed a Trespasser ab initio on account of any Irregularity afterwards committed by him; but all Persons aggrieved by such Defect or Irregularity may recover full Satisfaction for the special Damage in an Action upon the Case. Application of Penalties: Part to Poor. 152. The Justices by whom any such Penalty or Forfeiture shall be imposed may, where the Application thereof is not otherwise provided for, award not more than One Half thereof to the Informer, and shall award the Remainder to the Overseers of the Poor of the Part to the Parish" in which the Offence shall have been committed, for the Benefit of the Poor of such Parish; or if the Place wherein the Offence shall have been committed shall be extra-parochial, then such Justices shall direct such Remainder to be applied for the Benefit of the Poor of such extra-parochial Place, or of any adjoining Parish or District, and shall order the same to be paid over to the proper Officer for that Purpose. Penalties to be sued for within Six Months. 153. No Person shall be liable to the Payment of any Penalty or Forfeiture imposed by virtue of this or the special Act, or any Act incorporated therewith, for any Offence made cognizable before a Justice, unless the Complaint respecting such Offence shall have been made before such Justice within Six Months next after the Commission of such Offence. a In Ireland, there are no "Overseers of the Poor of the Parish:" and there is no other provision in this act for the application of the portion of the penalties intended for the poor. Company's be made Penalty. 154. If, through any Act, Neglect, or Default on Damage to account whereof any Person shall have incurred any Property, to Penalty imposed by this or the special Act, or any Act good in adincorporated therewith, any Damage to the Property of dition to the Company shall have been committed by such Person, he shall be liable to make good such Damage, as well as to pay such Penalty; and the Amount of such Damages shall, in case of Dispute, be determined by the Justices by whom the Party incurring such Penalty shall have been convicted; and on Non-payment of such Damages, on Demand, the same shall be levied by Distress, and such Justices, or One of them, shall issue their or his Warrant accordingly. summon and adminis Penalty on default. 155. It shall be lawful for any Justice to summon Justice may any Person to appear before him as a Witness in any Witnesses; Matter in which such Justice shall have Jurisdiction, ter Oath; under the Provisions of this or the special Act, or any Witnesses Act incorporated therewith, at a Time and Place men- making tioned in such Summons, and to administer to him an Oath to testify the Truth in such Matter; and if any Person so summoned shall, without reasonable Excuse, refuse or neglect to appear at the Time and Place appointed for that Purpose, having been paid or tendered a reasonable Sum for his Expenses, or if any Person appearing shall refuse to be examined upon Oath or to give Evidence before such Justice, every such Person shall forfeit a Sum not exceeding Five Pounds for every such Offence. unknown to Officers, may taken before 156. It shall be lawful for any Officer or Agent of the Offenders Company, and all Persons called by him to his Assist- Company's ance, to seize and detain any Person who shall have be detained committed any Offence against the Provisions of this or by them, and the special Act, or any Act incorporated therewith, and a Justice. whose Name and Residence shall be unknown to such Officer or Agent, and convey him, with all convenient Despatch, before some Justice, without any Warrant or other Authority than this or the special Act; and such Justice shall proceed with all convenient Despatch to I |