|
|
Appeal of either party, if aggrieved, to judges of assize ;
whose decision shall be final.
Costs to be awarded at discretion of judges.
Committal to prison in default of payment of costs.
|
5. And . . . that if such public weighmaster or weighmasters, his or their deputy or deputies, successor or successors, taster or tasters, or any of them who shall be so removed, or if the person or persons complaining of him or them shall think himself or themselves aggrieved by the determination of the said mayor, aldermen, and common council, chief magistrate and burgesses, or justices of the peace and acting assistant barrister, or any of them, it shall be lawful for the party or parties who shall think himself or themselves so aggrieved to apply by petition to the next going justice or justices of assizes for the county of the city, county of such town corporate, or county at large, in which the place for which such public weighmaster or weighmasters, his or their successor or successors, deputy or deputies, taster or tasters so nominated and appointed and so complained of, lies; which justice or justices of assize is and are hereby empowered to hear and finally to determine the matter of such petition, and to restore said public weighmaster or weighmasters, his or their successor or successors, deputy or deputies, taster or tasters, or any of them, if the complaint be thought just, by warrant under his or their hand and seal or hands and seals, and at his or their discretion to award reasonable costs to the party, who, upon hearing such petition, shall appear to be aggrieved; which costs shall be paid by the party against whom the same shall be awarded within a time to be appointed by such justice or justices of assize; such costs, if any shall be awarded, together with the time limited for the payment thereof, to be mentioned and ascertained in the body of such warrant; and in default of payment of the party against whom such costs are awarded shall be committed under said warrant to the gaol or marshalsea of the county of the city, town corporate, or county at large, from which such warrant of such justice or justices of assize issued, until the same are paid; such warrant to be lodged with the keeper of such prison or marshalsea at the time of the committal of said party to such prison or marshalsea.
|
