Remedies Against the Hundred (England) Act 1827

JurisdictionUK Non-devolved
Citation1827 c. 31
Year1827
Anno Regni GEORGII IV. Britanniarum Regis, Septimo & Octavo. An Act for consolidating and amending the Laws inEngland relative to Remedies against the Hundred.

(7 & 8 Geo. 4) C A P. XXXI.

[21st July 1827]

'WHEREAS it is expedient that the several Statutes now in force in that Part of the United Kingdom calledEngland relative to Remedies against the Hundred for the Damage occasioned by Persons riotously and tumultuously assembled, should be amended, and consolidated into One Act; and with that View the said Statutes are, by an Act of the present Session of Parliament, repealed, from and after the last Day of July in the present Year, except as to Offences and other Matters committed or done before or upon that Day;' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Paliament assembled, and by the Authority of the same, That this Act shall commence on the First Day of July in the present Year.

S-II The Hundred shall make full Compensation for the Damage done by Rioters in certain Cases.

II The Hundred shall make full Compensation for the Damage done by Rioters in certain Cases.

II. And be it enacted, That if any Church or Chapel, or any Chapel for the Religious Worship of Persons dissenting from the United Church ofEngland and Ireland , duly registered or recorded, or any House, Stable, Coachhouse, Outhouse, Warehouse, Office, Shop, Mill, Malthouse, Hop Oast, Barn, or Granary, or any Building or Erection used in carrying on any Trade or Manufacture, or Branch thereof, or any Machinery, whether fixed or moveable, prepared for or employed in any Manufacture, or in any Branch thereof, or any Steam Engine or other Engine for sinking, draining, or working any Mine, or any Staith, Building, or Erection used in conducting the Business of any Mine, or any Bridge, Waggonway or Trunk for conveying Minerals from any Mine, shall be feloniously demolished, pulled down, or destroyed, wholly or in part, by any Persons riotously and tumultuously assembled together, in every such Case the Inhabitants of the Hundred, Wapentake, Ward, or other District in the Nature of a Hundred, by whatever Name it shall be denominated, in which any of the said Offences shall be committed, shall be liable to yield full Compensation to the Person or Persons damnified by the Offence, not only for the Damage so done to any of the Subjects hereinbefore enumerated, but also for any Damage which may at the same Time be done by any such Offenders to any Fixture, Furniture, or Goods whatever, in any such Church, Chapel, House, or other of the Buildings or Erections aforesaid.

S-III Party damnified to comply with certain Conditions.

III Party damnified to comply with certain Conditions.

III. Provided always, and be it enacted, That no Action or summary Proceeding, as hereinafter mentioned, shall be maintainable by virtue of this Act, for the Damage caused by any of the said Offences, unless the Person or Persons damnified, or such of them as shall have Knowledge of the Circumstances of the Offence, or the Servant or Servants who had the Care of the Property damaged, shall within Seven Days after the Commission of the Offence go before some Justice of the Peace residing near and having Jurisdiction over the Place where the Offence shall have been committed, and shall state upon Oath before such Justice the Names of the Offenders if known, and shall submit to the Examination of such Justice touching the Circumstances of the Offence, and become bound by Recognizance before him to prosecute the Offenders when apprehended: Provided also, that no Personshall be enabled to bring any such Action, unless he shall commence the same within Three Calendar Months after the Commission of the Offence.

S-IV Process in the Action against the Hundred to be served on the High Constable, who may defend, or let Judgment go by Default, as advised.

IV Process in the Action against the Hundred to be served on the High Constable, who may defend, or let Judgment go by Default, as advised.

IV. And be it enacted, That no Process for Appearance in any Action to be brought by virtue of this Act against any Hundred or other like District shall be served on any Inhabitant thereof, except on the High Constable, or some One of the High Constables (if there be more than One), who shall within Seven Days after such Service give Notice thereof to 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 the Hundred or District; and such High Constable is hereby empowered to cause to be entered an Appearance in the said Action, and also to defend thee same on behalf of the Inhabitants of the Hundred or District, as he shall be advised; or, instead of defending the same, it shall be lawful for him, with the Consent and Approbation of such Justices, to suffer Judgment to go by Default; and the Person upon whom, as High Constable, the Process in the Action shall be served 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; but if such Person shall die before such Termination, the succeeding High Constable shall act in his Stead.

S-V Inhabitants of the Hundred competent Witnesses.

V Inhabitants of the Hundred competent Witnesses.

V. And be it enacted, That in any Action to be brought by virtue of this Act against the Inhabitants of any Hundred or other like District, or against the Inhabitants of any County of a City or Town, or of any such Liberty, Franchise, City, Town, or Place, as is hereinafter mentioned, no Inhabitant thereof shall, by reason of any Interest arising from such Inhabitancy, be exempted or precluded from giving Evidence either for the Plaintiff or for the Defendants.

S-VI If Plaintiff recovers, the Sheriff on Receipt of the Writ of Execution, shall make out a Warrant directing the Treasurer of the County to pay the Amount.

VI If Plaintiff recovers, the Sheriff on Receipt of the Writ of Execution, shall make out a Warrant directing the Treasurer of the County to pay the Amount.

VI. And be it enacted, That wherever the Plaintiff in any such Action shall recover Judgment, whether after Verdict or by Default or otherwise, no Writ of Execution shall be executed on any Inhabitant of the Hundred or other like District, nor on such High Constable; but the Sheriff, upon the Receipt of the Writ of Execution, shall (on Payment of the...

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