Recovery of damages and penalties
And with respect to the recovery of damages not specially provided for, and of penalties, and to the determination of any other matter referred to justices, be it enacted as follows:
140 Provision for damages not otherwise provided for.
In all cases where any damages, costs, or expences are by this or the special Act, or any Act incorporated therewith directed to be paid, and the method of ascertaining the amount or enforcing the payment thereof is not provided for, such amount, in case of dispute, shall be ascertained and determined by two justices. F1. . .
141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
142 Method of proceeding before justices in questions of damages, &c.
Where in this or the special Act any question of compensation, expences, charges, or damages, or other matter, is referred to the determination of any one justice, F3or more, it shall be lawful for any justice, upon the application of either party, to summon the other party to appear before one justice, 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, F3or such two justices, as the case may be, to hear and determine such question, F3and for that purpose to examine such parties or any of them, and their witnesses, on oath; and the cost of every such inquiry shall be in the discretion of such justices, and they shall determine the amount thereof.
143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
144 Penalty for defacing boards used for such publication.
If any person pull down or injure any board put up or affixed F5for the purpose of publishing any byelaw of the company or any penalty imposed by this or the special Act , or shall obliterate any of the letters or figures thereon, he shall forfeit for every such offence a sum not exceeding F6level 1 on the standard scale , and shall defray the expences attending the restoration of such board.
145 Penalties to be summarily recovered before two justices.
146, 147.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
F10148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
149F11 Distress not unlawful for want of form.
No distress levied by virtue of this or the special 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.
150. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
F14152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16154 Transient offenders.
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