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But discharged on payment,
penalties how applied,
persons sealing, &c. whipped or fined.
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XLIV. Provided always, That if such penalty or forfeiture shall be paid before the time of such commitment be expired, that then such offender shall upon such payment be immediately discharged out of custody, and that the penalty or forfeiture of five pounds hereby imposed on such lamp contractor or lamp contractors, or any of them, and the said penalty or forfeiture of five pounds hereby imposed on any person or persons for wilfully or maliciously breaking, throwing down, or extinguishing any lamp to be erected in the said city of Waterford, or the suburbs thereof, or for wilfully damaging the posts, iron, or other furniture of the said lamps, or any of them, and the penalty and forfeiture of ten pounds hereby imposed on such valuator or valuators who shall be nominated and appointed to execute said office, and who shall omit or neglect to execute the same, and the penalty and forfeiture of twenty pounds hereby imposed on such valuator or valuators so appointed, who shall omit or neglect to make such return and affidivit as aforesaid, shall be paid and applied in the manner following, that is to say, one moiety to the person or persons who shall discover and prosecute such offender or offenders to conviction, and the other moiety thereof to pay over to the chamberlain of the said city, to be disposed of by the mayor and common council of the said city for the purposes aforesaid, and the said mayor and common council are hereby authorized and required to apply said fines for the sole purposes aforesaid, and for no other use, intent, or purpose whatsoever, first deducting the expences of repairing such post, iron, or other furniture; and that if any person or persons shall steal or forcibly carry away any of the said lamps, iron posts, or furniture thereof, such person or persons being lawfully convicted thereof upon indictment, by the verdict of a jury, shall be publickly whipped or sined at the discretion of the judge who shall pass judgment on such offenders.
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