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Geological Survey Act 1845

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IIPenalty on obstructing Survey or removing Marks.

And be it enacted, That if any Person shall resist or wilfully obstruct or hinder any Surveyor or other Person employed or assisting in the Execution of any Survey under the Provisions of this Act, or shall take away or displace, or wilfully deface or destroy, any Stone, Post, Mark, or Object which shall be set up and placed for the Purposes of any such Survey, every Person so offending shall for every such Offence forfeit and pay any Sum not exceeding Ten Pounds, in the Discretion of the Justices before whom such Offender shall be convicted.

IIIDamages how to be paid.

And be it enacted, That all Damages awarded or agreed to be paid to any Owner or Occupier of Land, or Owner of Trees, for any Injury sustained under the Provisions of this Act, shall be paid out of any Aids granted by Parliament for making or completing a Geological Survey of the United Kingdom.

IVRecovery of Penalties.

And be it enacted, That all Penalties and Forfeitures inflicted or imposed by this Act may be recovered in a summary Way by the Order and Adjudication of any Two Justices of the Peace for the County or Place in which such Penalty shall be incurred, on Complaint to them for that Purpose exhibited, and shall afterwards be levied, as well as the Costs of Proceedings for the Recovery thereof, in case of Nonpayment, by Distress, Poinding, or other legal Process, and Sale of the Goods and Chattels of the Offender or Person liable to pay the same, by Warrant of such Justices; and such Justices are hereby authorized and empowered to summon before them any Witness, and to examine such Witness upon Oath or Affirmation of and concerning all Offences, Penalties, and Forfeitures under this Act, and to hear and determine the same ; and the. Overplus (if any) of the Money so levied or recovered, after discharging the Fine, Penalty, or Forfeiture for which such Warrant or other legal Process shall be issued, and the Costs and Expences of recovering and levying the same, shall be returned, upon Demand, to the Owner of the Goods or Chattels so seised or distrained; and in case such Penalties or Forfeitures shall not be forthwith paid upon Conviction, then it shall be lawful for such Justices to order the Offender so convicted to be detained and kept in safe Custody until Return can be conveniently made to such Warrant of Distress, or Poinding, or other legal Process, unless the Offender shall give Security, to the Satisfaction of such Justices, for his Appearance before such Justices on such Day as shall be appointed for the Return of such Warrant of Distress, or Poinding, or other legal Process, such Day not being more than Seven Days from the Time of taking any such Security, and which Security the said Justices are hereby empowered to take, by way of Recognizance, Caution, or otherwise ; but if upon Return of such Warrant it shall appear that no sufficient Distress can be had thereupon, then it shall be lawful for such Justices and they are hereby authorized and required, by Warrant under their Hands and Seals, to cause such Offender to be committed to the Gaol of such County or Place, there to remain without Bail or Mainprize for any Time not exceeding Two Calendar Months, unless such Penalties or Forfeitures respectively, and all reasonable Charges, shall be sooner paid and satisfied; and such Penalties and Forfeitures, when so levied, shall be paid and applied to the Use of any Infirmary or charitable Institution in the County in which such Offence shall be committed, in such Manner as such Justices respectively shall direct and appoint.

VPlea of General Issue.

And be it enacted, That if any Person shall be sued or prosecuted for any thing done or executed in pursuance of this Act, or of any Clause, Matter, or Thing therein contained, such Person may plead the General Issue, and give the special Matter in Evidence for his Defence.

VIInterpretation of Act.

And be it enacted, That in construing this Act the Word " County " shall be taken to include Hundred, City, Borough, Town, Townland, Parish, Burghs, Royal Parliamentary Burghs, Burghs of Regality and Barony, extra-parochial and other Places, Districts, and Divisions, by whatsoever Denomination the same respectively shall be known or called; the Word " Justices " shall include all Persons acting in the Commission of the Peace for any County so interpreted as aforesaid, Sheriffs or Stewards of Counties or Stewartries in Scotland, and the Sheriff and Court of Deemsters of the Isle of Man; the Word " Owner " shall include all Bodies Politic, Corporate, or Collegiate, and all Persons entitled to any Estate or Interest in possession; and the Word "Land" shall extend to Lands, Grounds, Hereditaments, and Heritages, of any Tenure or Description; and every Word importing the Singular Number shall, when necessary to give full Effect to the Enactments herein contained, be deemed to extend and be applied to several Persons or Things as well as one Person or Thing; and any Words importing the Plural Number only shall include the Singular Number ; and every Word importing the Masculine Gender shall, when necessary, extend and be applied to a Female as well as a Male.

VIIAlteration of Act.

And be it enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parliament.

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