STREETS.

1613

shall not deliver it to the true owner or purchaser thereof, every
such person so offending, shall forfeit and pay two shillings for
every stick or piece of wood so appropriated or detained from
the owner or purchaser thereof, being first legally convicted of
the said offence, before any justice of the peace.

SEC. 37. Provided, That if any person shall conceive him-
self or herself aggrieved by any judgment given by virtue of
this act, if the same shall exceed the sum of forty shillings, or
the value thereof, it shall and may be lawful, within the space
of six days next after judgment, but not after, to appeal there-
from to the next county court to be held for said county, he,
she or they, first entering into recognizance, with one sufficient
security in such sum as shall be sufficient to answer the said
penalty or value of the thing forfeited, together with all costs
as shall be awarded, to prosecute the said appeal to effect, and
to abide the order and judgment of the said court, which said
court is hereby authorized to receive the said appeal, and to
proceed therein according to usage and practice in cases of
appeals.

Proviso.

SEC. 38. Provided also. That if any person or persons be
sued or prosecuted for any thing done in pursuance of this act,
he, she or they, may plead the general issue, and give this act
and the special matter in evidence for their justification ; and if
the plaintiff or prosecutor become non-suit, or suffer a discon-
tinuance, or if any verdict pass against him, the defendant shall
have treble costs, to be recovered as in cases where costs by law
are given to defendants.

Proviso.

SEC. 47. Be it enacted, That if any person or persons shall
hereafter make and set up, or shall cause to be made or set
up, in any street of fifty feet wide or upwards within the said
town, any porch, cellar door, or step, which shall extend be-
yond the distance of four feet three inches in such streets, or a
proportionate distance into any narrower street; and if any per-
son or persons shall hereafter make and set up any bulk, jut
window, or incumbrance whatsoever, whereby the passage of
any street, lane or alley, shall be obstructed ; or shall so place,
or cause to be placed, any spout or gutter, whereby the passage
of any street shall be obstructed or incommoded ; any person so
offending, and being legally convicted thereof before any justice
of the peace, shall for every such offence, forfeit and pay the
sum of thirty shillings, and shall forthwith remove or cause the
said nuisance to be removed.

Porches,
&c. not to
be made,
&c.

SEC. 48. De it enacted, That the owner or owners of any
house within the said town, having, at the publication hereof,
any porch, cellar door or step, extending into any street, lane
or alley, beyond the limitation aforesaid, or having fixed or fast-
ened to such house any bulk, jut window, or other incumbrance
whatsoever, shall yearly and every year pay, to such person or

If now
made to be
paid for &c.