A.D. 1774. Anno decimo quarto Georgii III. c. 46. 89
XXIII. And be it further enacted by the Authority aforesaid, That in all Actions brought in any of the Costs howto be said Courts, where it shall appear to the Court in which such Actions are depending, that it will be proper ^frayed in &c. and necessary that the Turors who are to try the Issues in any such Actions, should have the View of the tu>n# bro,*hu Messuages, Lands, or Place in aueftion, in order to their better understanding the Evidence that will be given upon the Trial of such Issues; in every such Case the respective Courts in which such Actions shall be depending may order the Jury to the Platte in question, who then and there shall have the Matters in question shewn them by two Persons to be appointed by the Court; and the special Costs of all such Views as allowed by the Court? shall, before, the Trial, be paid by the Party' who moved for the View (the adverse Party not consenting the reto); and shall, at the Taxation of the Bill of Costs. have the same allowed him, upon his recovering Judgment in such Trial,; and upon all Views with the Consent of Parties, ordered by the Court, the Costs thereof, as allowed by the Court, shall, before Trial, be equally
Cajd by the said Parties; and in the Taxation of the Bill of Costs, the Party recovering Judgment shall ave the Sum by him paid allowed to him; any Law, Usage or Custom to the contrarg(notwithstanding.
[Treble Costs.]
XXIV. And be it further enacted by the Authority aforesaid, That if any Action shall be brought Sheriff*may *gainst any Sheriff, for what he shall do in Execution, or by virtue of this Act, he may plead the General pl?a.dflthe Cone-lifue, and give the Special Matter in Evidence; and if,a Verdict shall be found for him, he shall recover rtAIflae*
CAP. XLVI.
An Act to enable the Commissioners for executing the Office of Treasurer of his Majesty's Exchequer, or the Lord High Treasurer for the Time being, to pay, out of the Revenue of the Crown, certain Rewards for apprehending Highwaymen, and other Offenders in the County Palatine of Durham.
WHEREAS- by several Acts made in the fourth Year of King William and Queen Mary> and in
[Preamble.]
the sixth and seventh Years of King William, and in the fifth Year of Queen Anne, and in the A^Gul. Sc 4 third Year of King George the First, certain Rewards were directed to be paid upon the Convictions of Mari*, 6*7 4 Highwaymen, Clippers, Coiners, or Housebreakers within England and Wales, in the Manner by those G"1# Ann*> c Acts directed: And whereas those Acts do not extend to the County Palatine of Durham, and the 10 3 co' u 4 Judges who have gone the Northern Circuit, have, 'for that Reason, always refused to give Certificates of the Convictions of such Offenders, in the said County Palatine, without which Certificates the Ap- prehenders and Convictors of such (Offenders, are not by the said Acts Entitled to such Rewards: And whereas it is but just and reasonable that the Inhabitants of the said County Palatine, who contribute equally with othefs to the Support of Government in the Payment of publick Taxes, and other Duties, should, equally with the Inhabitants of other Counties and Cities, enjoy that additional Secu- rity to their Lives and Property which arises from a proper Encouragement being given to the Apprehen- ders and Convidlors of the Persons guilty of the Offences in the said Acts respectively mentioned: And whereas, for want of such Encouragement, the said County Palatine has already, in many Inllances,
and will, in many other, become a Place of Resort and Refuge for the most desperate and determined Villains:' May it therefore please your Majesty that it may be enacted; and be it 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 Parliament assembled, and by the Authority of the same, That Personi*otwe. from and after the pass ng of this Act, all and every Person and Persons who shall apprehend and take any bending Often-. Person or Persons guilty of any of the Offences in the said recited Acts reffectively mentioned within dur8^8ftuiJty or the said County Palatine of Durham, and prosecute him, her, or them, so apprehended and taken, until he, she, or they, shall -be convicted of flion Offence or Offences, shall be intitled to have and receive, mentioned, and shall have and receive, from the Sheriff of the said County Palatine of Durham, within one Month within ti e after such Conviction, the same Reward or Rewards as is or are made payable by the said recited Acts to County P*l*tine the Person or Persons who shall apprehend, take, and prosecute, such Offender or Offenders in any other County within England or Wales, he or they tendering a Certificate to the Sheriff of the said County wlrd?m»dep*. Palatine of Durham, under the Hand or Hands of the Judges or Justices before whom such Gffnder able by the r*U or Offenders shall be convicted, which Certificate such Judges or Justices aie hereby authorised and re- Ad*, quired to grant, certifying the Conviction of such Offender or Offenders, and in what Pai i£h the Offence or Offences was or were committed 5 and affo that such Offender or Offenders was or were apprehended and taken by the Person or Persons claiming such Reward or Rewards.
II. And be it further enacted, That in case any Dispute fhatll happen to arise between the Persons Disputesarifing who shall so have apprehended and taken.any such Offender or Offenders touching their Right and Title bttwen Part to any such Reward or Rewards then the said Judges or Justices so respectively certifying, as aforesaid, shall, in and by their said Certificate*, direct and appoint such Reward or Rewards to be paid to and ,utermii.id by amon^ft the Parties claiming the same, in such Share and Proportions as to the said Judges or Juiluxs the judges, shall item just and reasonable.
III and be it further enacted, That in case it shall happen that any such Sheriff of the said County ineifc.nyshe* Pal atine of Durham (half die, or be removed before the Expiration of one Month alter such Conviction «irt ibaiid e be-and Demand made of such Reward or Rewards (the fame not having been paid as aforesaid), then the next succeeding Sheriff of the said County Palatine of Durham shall pay the same within one Month Ls'sucrHlor to* after such Certificate shall be brought, and Demand of Payment made, as aforesaid; and if Default of pay the Rcwanij Payment of such Sum or Sums of Money shall happen to be made by any such Sheriff of the said County Palatine of Durham, such Sheriff'so making Default, shall forfeit and pay to the Person or Persons to
whom
