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On removal appeal to next jusge of aslife, who may restore, or confirm removal,
on any neglect, for which not removed, penalty as per night every lamp, on conviction before a mayor or a jullice,
breaking or extinguishing lamps, &c any one may arrest and carry before a magistrate,
first offence 40s. each lamp, &c.
2d 50s.
3l. afterwards,
for want of distress committed, not under 1 nor above 6 months.
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II. Provided, That if any person or persons so removed shall think himself or themselves aggrieved by such removal, it shall and may be lawful for him or them to appeal to the next going judge of assize for the county of the said city, who is hereby authorized finally to determine the matter in dispute and to restore such person or persons, or to confirm his or their removal, as to the said judge shall seem fit; from which determination there shall be no further appeal; and that if any person or persons, whom the mayor, sheriffs, and common council of the said city of Cork shall agree with and appoint to erect, light, snuff, cleanse, trim, maintain, and repair the said lamps as aforesaid, shall neglect to supply the said lamps with a sufficient quantity of good and proper wick or oyl to continue lighting for such time, as the said mayor, sheriffs, and common council shall determine and fix on as aforesaid, or shall neglect to keep the glasses of the said lamps and of every of them clean and entire, or shall be guilty of any other neglect, for which the mayor, sheriffs, and common council of the said city may not think proper to remove the said person or persons, that then and in every such case such person or persons so offending shall forfeit for every lamp, which the said person or persons shall so neglect, for every night which such person or persons shall so neglect the same, the film of five shillings, to be recovered and levied by distress and sale of such offender’s goods and chattels after conviction before the mayor or other justice of the peace of the said city of Cork by the testimony of one witness, or by confession of the party accused, and to be applied in manner herein after directed; and that if any person or persons shall wilfully or maliciously break, throw down, or extinguish any lamp or lamps, now or hereafter to be set up to light the streets, lanes, passages, or quays of the said city of Cork, or the suburbs thereof, or wilfully damage the posts, iron, or other furniture of the same, it shall be lawful for any person or persons to arrest and detain such offender or offenders, until he, she, or they may be carried before the mayor or some other justice of the peace of the said city for the time being; and every person so offending, and being thereof convicted by the oath of one witness, or by the confession of the party accused, before the mayor or any justice of the peace for the said city, shall for the first offence forfeit forty shillings for each lamp, post, iron, or furniture thereof; and for the second offence the sum of fifty shillings for each lamp, post, iron, or furniture thereof; and for the third and every subsequent offence the sum of three pounds for each lamp, post, iron, or furniture thereof so broken, thrown down, extinguished, or wilfully damaged, to be recovered and levied by distress and sale of the offender’s goods in manner as aforesaid, and to be applied in such manner as herein after directed: and in case any person or persons shall be convicted in the manner before prescribed of breaking, throwing down, or extinguishing any lamp within the said city or suburbs thereof, or wilfully damaging the posts, iron, or other furniture thereof, and no goods or chattels of the person so offending can at the time of such conviction be found, then and in such case it shall be lawful for the said mayor or justice hearing such complaint to commit such offender to the house of correction, there to be kept to hard labour for any time less than one month, and not exceeding six months.
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