— if not paid on Decision of the Justices at the Quarter ibid. Sessions, the Delinquent to be committed to the Common Gaol or House of Correction. _See_ Justices. — _See_ Damages. — when Plaintiff is to pay Treble, and how recoverable. 42 _See_ Verdict. — of Performance of Conditions for renting Ground for a 22 Pleasure Garden, to be paid out of Rates made by virtue of the Act. Cost of every Lease for renting Ground for a Pleasure ibid. Garden, to be paid out of the Rates made by virtue of the Act. — Costs and Expenses of obtaining and passing the Act to 43 be paid out of the first Monies raised by virtue of it. D. DAMAGE done by fixing of Lamps. _See_ Lamps. — Special, done by Parties’ irregularly distraining, 38 Compensation for, how recoverable. _See_ Irregularity. — Damages or Costs recovered against the Clerk or 41 Treasurer, not to be paid by them, but by the Trustees, out of the Money raised under the Act. — wilfully done to the Pavements, Lamps, Fences, Trees, 24 Walks, &c. &c. in Brompton Square, Penalty for. — done to the Pavements, Lamps, &c. Satisfaction to be ibid. made for. — &c. Satisfaction fur, how to be obtained. ibid. — and Injury. To be made good to the Trustees by the 16 Water-works Company, all Damage which may have been caused by an Examination of the Pipes respecting the Contamination of Water by Gas, if the Gas be not the Occasion of the Nuisance. — the Amount of Loss, Injury, Damage, &c. done to ibid. Footways, &c. to be determined, if requisite, by a Justice of the Peace. _See_ Justice. DEFENDANT in an Action may plead specially or the general 42 Issue, and at the Trial thereof give this Act and the special Matter in Evidence. — Verdict to be found for, if, in an Action, the Thing ibid. complained of appear to have been done under Authority of the Act; or if the Action be brought contrary to the Restrictions, &c. which the Act has laid down. _See_ Verdict. DEMURRER. If, on Demurrer, Judgment be given against ibid. Plaintiff, Defendant to have Treble Costs. _See_ Verdict. DISCHARGE. _See_ Payment. DISTRESS and SALE by, of the Goods, &c. of any Officer, 6 having Money for which he has not accounted, and having refused to give Account, &c. _See_ Notice. DISTRESS, Warrant of. _See_ Warrant. — not illegal from Informality. 38 — Persons making, not Trespassers from any Informality in ibid. the Proceedings. — Persons making, not Trespassers _ab initio_, on account ibid. of any subsequent Irregularity. DUNG. _See_ Mud. DUST, Trustees to contract for taking away. 21 DUST, ASHES, &c. _See_ Mud. E. EXAMINATION respecting Gas; upon Examination, should it 15 appear that Contamination has not arisen from an Escape