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The Columbia University Libraries reserve the right to refuse to accept a copying order If, in its judgement, fulfillment of the order would involve violation of the copyright law. Author: Great Britain. Laws, statutes, etc. Title: [IVIarketing and warehousing laws] Place: London Date: [1840-48] MASTER NEGATIVE # COLUMBIA UNIVERSITY LIBRARIES PRESERVATION DIVISION BIBLIOGRAPHIC MICROFORM TARGET ORIGINAL MATERIAL AS FILMED • EXISTING BIBLIOGRAPHIC RECORD RESTRICTIONS ON USE: 250 G793 Gt. Brit. Laws, statutes, etc., 1837-1901 (Vic- toria) cMarketing and v/arehousing laws. London, Printed by G. E. Eyre and Andrew Spottiswoode, 1840-483 5 pts . in 1 V* ?1 cm. At head of individual bills: Anno tertio-cduo- decimoa Victoriae reginae. Contents. — An act to amend the acts relating to the general sale of beer and cider by retail in England, 1840 .--Anjact for abolishing the (Continued on next card) o FILM SIZE: .'%m>^ TECHNICAL MICROFORM DATA DATE FILMED: REDUCTION RATIO: | (/?)(, IMAGE PLACEMENT: lA / IIA j IB IIB INITIALS: IaJ^u) TRACKING # : A)gH OZ^S ^ CiT. ^(^^ 02^U j fj -^^Jt^Z. QZ<^^ ? FILMED BY PRESERVATION RESOURCES, BETHLEHEM, PA. MASTER NEGATIVE * COLUMBIA UNIVERSITY LIBRARIES PRESERVATION DIVISION BIBLIOGRAPHIC MICROFORM TARGET ORIGINAL MATERIAL AS FILMED - EXISTING BIBLIOGRAPHIC RECORD nusiNcas 250 G793 Gt. Brit* Laws, statutes, etc., 1837-1901 (Vic- tor iaV cMarketing and warehousing laws. 1840- 483 (Card 2) offences of forestalling, regrating, and gross- ing, and for repealing certain statutes passed in restraint of trade • 1844.— An act for the warehousing of foreign goods for home consumption at the borough of Manchester in the county of Lancaster. 1844.— An act to repeal certain acts for regulating the trade in butter and j: (Continued on next card) «usin 250 G795 «•• Gt.Brit. Laws, statutes, etc., 1837-1901 (Vic- toria) cMarketing and warehousing laws. 1840- 483 (Card 3) cheese. 1844. —An act to repeal so much of an act of the Parliament of Ireland ... •'for the more effectually punishing such persons as shall by violence obstruct the freedom of corn markets and the corn trade ... and for making satisfac- tion to the parties injured", as relates to the making of satisfaction to the parties injured and to substitute other provisions in lieu . thereof... 1848. o RESTRICTIONS ON USE: TECHNICAL MICROFORM DATA FILM SIZE: ^HfJ^W] DATE FILMED: REDUCTION RATIO: [bf IMAGE PLACEMENT: lA filAJ IB IIB TRACKING # : INITIALS: iajJ M^ OZrrJ^ZSCO^ ZT€l ZT£.7^ ^z^r^3^ FILMED BY PRESERVATION RESOURCES. BETHLEHEM, PA. BIBLIOGRAPHIC IRREGULARITIES MAIN ENTRY: Great Britain. Laws, statutes, etc. [l\/larketinq and warehousing laws] Bibliographic irregularities in the Original Document: List all volumes and pages affected; include name of institution if filming borrowed text, .Page(s) missing/not available: .Volume(s) missing/not available:. Illegible and/or damaged page(s):_ .Page(s) or volume(s) misnumbered Bound out of sequence: Page(s) or volume(s) filmed from copy borrowed from: X Other: Irregular pagination throughout TRACKING*: MSH02559. MSH02560. MSH02561 . MSH02562. MSH02563 > b 3 3 cr o > I? 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An Act to amend the Acts relating to the general Sale of Beer and Cider by Retail in England. [7th August 1840.] WHEREAS an Act was passed in the First Year of the Reign of His late Majesty King William the Fourth, intituled An Act to permit the general Sale of Beer and 11 Geo. 4. & Cider hy Retail in England : And whereas another Act was passed ^ ^^'•*' c^** in the Fourth and Fifth Years of the Reign of His said late Majesty, intituled An Act to amend an Act parsed in the First Year of^&5\\\^ His present Majesty, to permit the general Sale of Beer and Cider by c.85. Retail in England : And whereas it is expedient to alter and amend the said Acts : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same. That no Licence to sell Beer or Licence to Cider by Retail under the said recited Acts or this Act shall be retail Beer granted to any Person who shall not be the real resident Holder "°* '** ^^ and Occupier of the Dwelling House in which he shall apply to fny"bui the be licensed, nor shall any such Licence be granted in respect of real resideut any Dwelling House which shall not, with the Premises occupied Occupier, therewith, be rated in One Sum to the Rate for the Relief of the "°'" '° '■^' Poor of the Parish, Township, or Place in which such House and House**ratcU Premises are situate on a Rent or annual Value of Fifteen Pounds at less thau per Annum at the least if situated in the Cities of London or West- l5i per 5 Z minster, ^"""'" "S v> J)a5o 0,133 pis 1-5 0- 458 within the Kills of Mortality, or in Cities, Towns, &c. containing 10,000 Inha- bitants ; nor less than 11/. per Annum in Places ex- ceeding '2,500 Inha- bitants ; nor less than 8/. per Annum in Places situ- ated else- where. 3° & 4° VICTORIiE, Cap.61. minster, or within any Parish or Place within the Bills of Mortality, or within any City, Cinque Port, Town Corporate, Parish, or Place, the Population of which according to the last Parliamentary Census shall exceed Ten thousand, or within One Mile, to be measured by the nearest public Street or Path, from any Polling Place used at the last Election for any Town having the like Population, and returning a Member or Members of Parliament ; nor shall any such Licence be granted in respect of any Dwelling House which shall not, with the Premises occupied therewith, be rated in One Sum to the Rate for the Relief of the Poor of the Parish, Town- ship, or Place in which such House and Premises are situate on a Rent or annual Value of Eleven Pounds per Annurriy if situated within any City, Cinque Port, Town Corporate, Parish, or Place, the Population of which according to such last Parliamentary Census shall exceed Two thousand ftVe hundred and shall not exceed Ten thousand, or within One Mile, to' be itrcasured as aforesaid, from any Polling Place used at the last Election for any Town having the like Population as last aforesaid, and returning a Member or Members of Parliament j nor shall any such Licence be granted in respect of any Dwelling House which shall not, with the Premises occupied therewith, be rated in One Sum to the Rate for the Relief of the Poor of the Parish, Township, or Place in which such House and Premises are situate on a Rent or annual Value of Eight Pounds, if situated elsewhere than as aforesaid ; and every Licence granted contrary hereto shall be null and void. II. And be it enacted. That every Person who shall apply to be licensed to retail Beer or Cider shall produce to the proper Officer of Excise authorized to grant such Licences a Certificate in Writing from an Overseer of the Township, Parish, or Place in which he shall reside, certifying that such Applicant is the real Resident, Holder, and Occupier of the said House, and also certifying the true Rent or annual Value at which such House, with the Premises occu- pied therewith, is rated in One Rating to the Poor Rates, according to the last Sum or Rate made and allowed in such Township, Parish, or Place for the Relief of the Poor ; and every such Certificate shall be deposited and left with the proper Officer of Excise by whom such Licence shall be granted ; and a Duplicate thereof shall be deposited and left with the Clerk of the Peace for the County, Riding, or City within which such Township, Parish, or Place is situate. Provision for HI* Provided always, and be it enacted, That when any Person new Houses shall become the Occupier of a House newly erected, and not yet occupied rated, and shall be desirous of taking out a Licence to retail therein was made? ^ Beer and Cider before the making of a new Rate, it shall be lawful for the proper Officer of Excise, if the Applicant shall in other respects be duly qualified, to grant such Licence, on the Certificate of the Overseer of the Poor certifying the Rent or annual Value to be not less than that at which such House, with the Premises occupied therewith, will be rated in One Sum to the Relief of the Poor in the next Rate to be made and allowed, and certifying also that the Applicant has claimed to be rated in respect of the said House and Premises. In extra- IV. And whereas in some extra-parochial Places no Assessments pdrocbial ^ltq made or Rates collected for the Relief of the Poor, and it is ** expedient Person ap- plying to be licenced to produce a Certificate of his being the real resident Occupier of the House, and of the Amount at which it is rated. 0^ f a % I > ^ Places Li- cences maj be granted on the Certi- ficate of Two Inhabi- tant House- holders of the required annual Values. Penalty on Overseers refusing to grant Certi- ficates, and on Overseers and other Persons granting false Certifi- cates. 3^ & 4° VICTORIA, Cap.61. 459 expedient to provide for Persons obtaining Licences in such Places ; be it therefore enacted. That in any extra-parochial or other Place where no Rates are made or collected for the Relief of the Poor it shall be lawful for the proper Officers of Excise authorized to grant Licences to grant a Licence to any Person to retail Beer or Cider in a Dwelling House, which, with the Premises occupied therewith, shall be of the real Rent or annual Value of Fifteen Pounds, Eleven Pounds, or Eight Pounds respectively, according to the Situation thereof as aforesaid ; and in such Case the Person applying for such Licence shall produce to and deposit and leave with the proper Of- ficer of Excise granting such Licence a Certificate in Writing, signed by Two Inhabitant Householders of the Township or Place, certifying that the Party applying is the real Resident in and Occupier ot the Dwelling House sought to be licensed, and also certifying the true and real annual Value of the same, with the Premises occupied therewith, according to the best of their Judgment and Belief. V. And be it enacted. That every Overseer of the Poor who shall refuse to grant a Certificate of the Rating or Assessment of any rated House and Premises, when demanded, cr of any Person having claimed to be rated in respect of any newly erected House not yet rated, or who shall falsely certify any House to be rated when the same was not duly rated at the Time of the making and Allowance of the last Rate made and allowed for the Relief of the Poor, and every Over- seer or other Person who shall falsely certify any Person to be the real Resident, Holder, and Occupier of any House, contrary to the Fact, or falsely certify the Rent or annual Value at which any Dwelling House and Premises shall now or will be rated, or the Rent paid for the same, or the annual Value thereof, or shall grant any Certificate which shall in any other respect be wilfully false, shall forfeit Twenty Pounds. VI. And be it enacted. That every Person who shall, for the Purpose of obtaining for himself or enabling any other Person to obtain a Licence to retail Beer or Cider, forge or counterfeit any Certificate, or shall pfoduce or make use of any Certificate, knowing the same to be forged or counterfeit, or the Matters certified therein or any of them to be false, shall forfeit Fifty Pounds ; and every Licence for the Retail of Beer or Cider obtained by any Person on any such forged, counterfeit, or false Certificate shall, on the Con- viction of such Person, be void to all Intents and Purposes, and shall be so adjudged ; and every Person who shall be convicted of any of the said Offences shall be disqualified from obtaining any Licence under the said recited Acts or this Act to retail Beer or Cider, either to be drunk and consumed on the Premises or off the Premises. VII. And be it enacted. That every Person who shall hereafter be Licences to lawfully convicted of Felony, or of selling Spirits without Licence, be void on shall for ever thereafter be disqualified from selling Beer and Cider Jf^Pp^l^^^y'' by Retail, and no Licence to sell Beer and Cider by Retail under the ^, of selling said recited Acts or this Act shall be granted to any Person who Spirits with- shall be so convicted as aforesaid ; and if any such Person shall, after out Licence, having been so convi(?ted as aforesaid, take out or have any Licence to sell Beer or Cider by Retail under the said recited Acts or this Act, the same shall be void to all Intents and Purposes, and every Person who shall, after being convicted as aforesaid, sell any Beer or Cider by Retail, in any Manner whatsoever, shall incur the Penalty for Penalty on forging Cer- tificates, or using false Certificates. Licences ob- tained by false Certifi- cates to be void, and the Persons obtaining them dis- qualified. LL L *. l e- ' L^ — •— ~ »^r- 460 On the Death of a licensed Person the Executors or Administra- tors, or the Widow or Child, may be autho- rized to sell for the Re- mainder of the Term of Licence. Persons licensed to retail Beer or Cider to make Entry with the Ex- cise. 7 & 8 G. 4, C.53. 4&5W.4. C.51. Penalty on I'ersons licensed to sell Beer or Cider having Wine,Sj)irits, or Sweets in their entered Premises. Wine, &c. to be forfeited. Licence in such Case to be void. Officers of Excise em- 3" & 4" VICTORIJi:, Cap.61 . for so doing without Licence, and in all such Cases in the Prosecution for the Recovery of such Penalty a Certificate from the Clerk of the Peace, or Person acting as such, of any such Conviction as aforesaid, shall on the Trial in such Prosecution be legal Evidence thereof. VIII. And be it enacted, That upon the Death of any Person whatever licensed to retail Beer or Cider under the said recited Acts or this Act before the Expiration of the Licence, it shall be lawful for the Person authorized to grant Licences to authorize and em- power, by Endorsement or other^^ise, as the Commissioners of Excise shall direct, the Executors or Administrators, or the Widow or Child, of such deceased Person, who shall be possessed of and occupy the Dwelling House and Premises before used for such Purpose, to continue to retail Beer and Cider in the same House and Premises during the Residue of the Term for which such Licence was originally granted, without taking out any fresh Licence, or Payment of any additional Duty thereon ; and also at the Expiration of such Licence fin case the Residue of the said Term shall be less than Three Calendar Months from the Death of the Person licensed) to grant a new Licence to such Executors, Administrators, or Widow, on Payment of the proper Licence Duty, and entering into the usual Bond. IX. And be it enacted. That every Person whatever licensed to retail Beer or Cider under the said recited Act or this Act shall, in manner directed by an Act passed in the Seventh and Eighth Years of the Reign of His late Majesty King George the Fourth, ■ intituled An Act to consolidate and amend the Laws relating to the Collection and Management of the Revenue of Excise throughout Great Britain and Ireland, and by another Act passed in the Fourth and Fifth Years of the Reign of His late Majesty King William the Fourth, intituled An Act to amend the Laws relating to the Collection and Management of the Revenue of Excise, make Entry with the Officers of Excise of every House, Cellar, Room, and Place for storing, keeping, or retailing Beer or Cider, on pain of forfeiting the Penalties imposed by the said last-mentioned Act for making use of any unentered Room or Place ; and all Beer and Cider found in any such unentered House, Cellar, Room, or Place shall be forfeited. X. And be it enacted, That if any Person licensed to retail Beer or Cider under the said recited Acts or this Act shall receive into or keep or have in his Possession, in any Cellar, Room, or Place entered for storing, keeping, or retailing Beer or Cider, any Wine or Spirits or Sweets, such Person shall, in addition to all other Penalties, forfeit Fifty Pounds, to be recovered and applied under the Powers and Pro- visions of the said Acts of the Seventh and Eighth Years of the Reign of His said late Majesty King George the Fourth, and the Fourth and Fifth Years of the Reign of His said late Majesty King William the Fourth ; and all Wine and Spirits and Sweets found in any such entered Cellars, Rooms, or Places shall be forfeited ; and on Conviction of any such licensed Person in any Penalty for having AVine or Spirits or Sweets in his Possession, or for selHng or retailing Wine or Spirits or Sweets, the Licence of such Person for retailing Beer or Cider shall become null and void, and shall be so adjudged. XI. And be it enacted. That it shall be lawful for any Officer of Excise, at all Times during the Hours in which any House licensed for ^- i . 3° & 4° VICTORIA, Cap.61. 461 for the Retail of Beer or Cider may be kept open, to enter into every powered to House, Cellar, Room, or Place entered for the storing, keeping, or p/Z^j.^g^f retailing of Beer or Cider, and to make Search for and seize all Wine licensed and Spirits and Sweets which may be found in any such House, Beer Ke- Cellar, Room, or Place, and to examine all Beer or Cider kept tailers; therein. XII. And be it enacted, That it shall be lawful for any Officer of J^^^J^f^*/'^ Excise, during the Hours which any House is kept open for the pg^sons** Sale of Beer after the Rate of One Pennv Halfpenny or after a less selling Beer Rate the Quart, to enter into every such House, Cellar, Room, or at the Rate Place for the keeping or retailing such Beer, and to make Search for °J^g^^jJ-^°'' and seize all Wines, Spirits, Sweets, and all Beer which by Law they Quart!^ are not entitled to sell. XIII. And be it enacted, That if any Person, not being duly licensed to sell Beer or Cider, shall retail any Beer or Cider, either to be consumed in or upon the House or Premises or off the Premises where sold, or if any Person shall sell any Beer or Cider to be con- sumed in or upon the House or Premises where sold, without being duly licensed so to do, such Person shall, in addition to any Excise Penalty to which he may thereby become subject, forfeit Five Pounds, such Penalty to be recovered in the same Manner as any other Penalty (not being Excise Penalties) are by the said recited Acts or this Act to be recovered, levied, and applied : Provided always, that no Information or other Proceeding for the Recovery of the said Penalty shall be exhibited or commenced except by and in the Name of a Constable or other Officer of the Peace. Additional Penalty on unlicensed Persons selling Beer or Cider ; to be sued for by a Peace Officer. XIV. And be it enacted. That so much of the said recited Act of ii G.4.& the First Year of the Reign of His said late Majesty as enacts, *« that l ^^^•*- c-<>l- Person licensed to sell Beer by Retail under this Act shall have ^ J,Y^v\ no or keep his House open for the Sale of Beer, nor shall sell or retail c.8j. s.6. Beer, nor shall suffer any Beer to be drank or consumed in or at repealed, such House, at any Time before the Hour of Four of the Clock in the Morning nor after Ten of the Clock in the Evening of any Day in the Week, nor at any Time between the Hours of Ten of the Clock in the Forenoon and One of the Clock in the Afternoon, nor at any Time between the Hours of Three and Five of the Clock iu the Afternoon, nor any Sunday, Good Friday, Christmas Day, or any Day appointed for a public Fast or Thanksgiving; and that if any such Person shall keep his House open for selling Beer, or shall sell or retail Beer, at any Time after the Hour of Ten of the Clock in the Evening or before the Hour of Four of the Clock in the Morning of any Day, or between the Hours of Ten of the Clock in the Forenoon and One of the Clock in the Afternoon, or between the Hours of Three and Five of the Clock in the Afternoon, on any Sunday, Good Friday, Christmas Day, or any Day appointed for a public Fast or Thanksgiving, such Person shall forteit the Sum of Forty Shillings for every Offence, and every separate Sale shall be deemed a separate Offence ;" and so much of the said recited Act of the Fifth Year of His said late Majesty's Reign as enacts, " that it shall be lawful for the Justices of the Peace of every County, Riding, Division, Franchise, Liberty, City, Town, and Place, in Petty Sessions ssembled, to fix. Once a Year, within Thirty Days after the passing f this Act in that Year, and in every future Year in the Counties 6 A ot a of 462 Hours lor opening and closing Houses. 2 & 3 W. 4. C.6*. 3° & r VICTORIiE, Cap.61. of Middlesex and Surrey within the first Ten Days of the Month of Marchy and in every other County on some Day between the Twentieth Day of August and the Fourteenth Day of September inclusive, the Hours at which Houses and Premises licensed to sell Beer under this Act shall be open and closed : Provided always, that any Person thinking himself aggrieved by any such Order to be so made may appeal to the Justices of the Peace in Quarter Sessions assembled at any Time within Four Calendar Months after the making of such Order, giving to the Justices by whom such Order shall have been made Fourteen Days Notice of his Intention to appeal ; and the Decision of the said Justices so assembled in Quarter Sessions shall be final and conclusive : Provided also, that the Hour so to be fixed for opening any such House shall not in any Case be earher than Five of the Clock in the Morning, nor for closing the same later than P^leven of the Clock at Night, or before One of the Clock in the Afternoon on Sunday, Good Friday^ Christmas Day, or any Day appointed for a Public Fast or Thanksgiving ; and the Hours so fixed from Time to Time by such Justices, with reference to the Districts and Places within their respective Jurisdictions, shall be deemed and taken to be the Hours to be observed and complied with under this Act as fully as if the same had been specially appointed by this Act," shall be and the same is hereby repealed. XV. And be it enacted. That no Person licensed to sell Beer or Cider by Retail under the said recited Acts or this Act shall have or keep his House open for the Sale of Beer or Cider, nor shall sell or retail Beer or Cider, nor shall suffer any Beer or Cider to be drank or consumed in or at such House, at any Time before the Hour of Five of the Clock in the Morning nor after Twelve of the Clock at Night of any Day in the Week in the Cities of London or West- minster, or within the Boundaries of any of the Boroughs of Mary- lebone, Finshury, the Tower Hamlets, Lambeth, or Southwark, as defined by an Act passed in the Second and Third Years of His late Majesty King William the Fourth, intituled An Act to settle and describe the Divisions of Counties, and the Limits of Cities and Boroughs in England and Wales, in sofar as respects the Election of Members to serve in Parliament, nor after Eleven of the Clock within .^ vv^ vw^ a«>^v *«...«..ientary thousand five hundred, or within One Mile, to be measured as aforesaid, from any Polling Place used at the last Election for any Town having the like Population, and returning a Member or Members to Parliament, nor after Ten of the/ Clock in the Evening elsewhere, nor at any Time before One of the Clock in the Afternoon, nor at any Time during which the Houses of Licensed Victuallers now are or hereafter shall be closed, on any Sunday, Good Friday, Christmas Day, or any Day appointed for a Public Fast or Thanks- giving ; and if any such Person shall keep his House open for selling Beer or Cider, or shall sell or retail Beer or Cider, at any Time other than as herein-before prescribed and directed, such Person shall forfeit the Sum of Forty Shillings for every Offence, and every separate Sale shall be deemed a separate Offence. Justices may XVI. And be it enacted. That it shall be lawful for any Jus- mitigate tice or Justices of the Peace, when he or they shall see Cause Penalties. -i to ^ / 4 A. f . w.. I 3° & 4° VICTORIA, Cap.61. to mitigate any Penalty incurred for any Offence committed against the said recited Acts or this Act ; provided that where any Con- viction shall take place on any Information exhibited under the Laws of Excise such mitigated Penalty shall not be less than One Fourth Part of the Penalty. XVII. And be it enacted. That no Person licensed to retail Beer or Cider under the said recited Acts or this Act shall forfeit his Licence for a first Offence against the Tenor or Conditions of his Licence except as herein-before provided j and no such Person shall be deemed to have forfeited his Licence, on any Conviction by any Justices of the Peace for any Offence, unless such Forfeiture shall be adjudged and declared by the Justice or Justices by whom such Person shall be convicted of the Offence in respect of which the Forfeiture shall be incurred ; and when any Justices of the Peace shall adjudge and declare the Licence of any Person to be forfeited such Justices shall cause Notice in Writing to be imme- diately given to the Commissioners of Excise within the Limits of the chief Office of Excise, or to the Collector of Excise out of such Limits, of such Adjudication. XVIII. Provided always, and be it enacted. That nothing in this Act contained shall prevent any Person from obtaining, at the Expiration of his existing Licence, a renewed I^icence in respect of any House in which he shall at the Time of the passing of this Act be duly licensed to retail Beer or Cider under the said recited Acts or either of them, notwithstanding such House may not be of the Rent or annual Value by this Act prescribed, nor to oblige such Person to produce any other Certificate (where a Certificate is required) for obtaining his Licence than the Certificate required by the said recited Acts ; but it shall be lawful for the Officers of Excise duly authorized to grant Licences to renew and continue to grant Licences to such Person (being in other respects properly qualified) on the Production of such Certificate as last aforesaid, so long as such Person shall continue to be the resident Holder and Occupier of the same House, any thing in this Act to the contrary notwithstanding. XIX. And be it enacted. That all Penalties and Forfeitures by this Act imposed, except where otherwise specially directed, shall be sued for, recovered, mitigated, and applied in the same Manner and by the same Means as the Penalties imposed by the said recited Acts of the First and Fourth and Fifth Years of the Reign of His late Majesty King William the Fourth are directed to be sued for, recovered, mitigated, and applied ; and all the Powers, Provisions, Authorities! and Regulations in the said Acts contained, for the Recovery, Mitigation, and Application of Penalties, shall, except where other- wise specially directed, extend to and be put in force, as to Penalties imposed by this Act, as fully and effectually as if they were herein repeated and re-enacted. 463 No Person to forfeit his Licence for a First Of- fence ; and no Licence to be void unless so adjudged. Notice to the Excise. Licences may be granted to Persons licensed before the passing of the Act whilst they continue the Occupiers of the same House, al- though it is below the Qualifica* tion. Penalties under this Act, where not other- wise di- rected, to be recovered under the Provisions of the former Acts. XX. And be it enacted. That all the Provisions of the said Two Recited \cts recited Acts shall be deemed and taken to be in full Force and to continue applicable to this Act, save and except where the Provisions of the "» ^'^^^^> said first-recited Act are altered by the Provisions of the said secondly f^'^^l^ ^ recited Act, or where the Provisions of either of the said Two Acts akSed. are altered by this Act j and that so much of the said first-recited Act mm 464 Interpreta- tion of Words. Powers, Pro- visions, and Penalties of 1 1 G. 4. & 1 W.4. C.6*. and 4 & 5 W.4. C.85. to apply to Persons licensed under this Act. 3° & 4° VICTORIJE, Cap.61. Act as relates to the Interpretation of certain Words therein men- tioned shall be applied to the Interpretation of the same Words where used in this Act. XXL And be it enacted, That all the Powers, Regulations, Pro- ceedings, Forms, Penalties, Forfeitures, Enactments, and Provisions contained in the said recited Acts, or in either of them, with reference to Persons licensed under either of the said Acts, and to the Offences committed by such Persons against either of the said Acts, or against the Tenor of any Licence granted under the said Acts, and also with reference to the Sureties of such Persons, and to Persons doing the Things thereby prohibited without the Licence required by the said Acts or either of them, shall (except where they are altered by this Act, or are repugnant thereto,) be deemed and taken to be applicable to all Persons licensed under this Act, and to all Offences committed by such Persons of the same Description as the Offences mentioned in the said Acts, and to the Sureties of all such Persons in respect of such Offences, and to all Persons doing, without the Licence required by this Act, Things of the same Description as the Things prohibited without the Licence required by the said recited Acts, as fully and effectually as if all the said Powers, Regulations, Proceedings, Forms, Penalties, Forfeitures, Enactments, and Provisions had been repeated and re-enacted in this Act, with reference to Persons licensed under this Act, and to the Sureties of such Persons, and to Persons acting without the Licence required by this Act ; and also that all the Powers, Regulations, and Provisions in the said Acts contained, authorizing any Party convicted to appeal to the General Session or Quarter Sessions of the Peace against any Conviction under the said Acts, shall also extend and apply to any Convictions under this Act. XXII. Provided always, and be it enacted. That nothing in this Act contained shall extend to alter or in any Manner to affect any of the Rights or Privileges of the Universities of Oxford or Cambridge, or any of the Powers and Authorities vested by Charter or otherwise in the Chancellors, Masters, and Scholars of the said Universities, and their Successors, or in the Master, Wardens, Freemen, and Com- monalty of the Vintners of the City of London ; but not to extend to those Freemen of the said Company of Vintners who have obtained the same by Redemption only. Act may be XXIIL And be it enacted. That this Act may be amended altered this or repealed by any Act to be passed during the present Session of Parliament. Act not to affect the Two Univer- sities. Session. London : Printed by George E. Eyre and Andrew Spottiswoode, Printers to the Queen's most Excellent Majesty. 18 tO. >no. X- A> ANNO SEPTIMO & OCTAVO VICrORLE REGESr^. ***^*)K^«4i^4i(*«**^^^9it»^***^*^»*4^***«*^^««««^««4'^4iF«^4'*4(* V CAP. XXIV. An Act for abolishing the Offences of forestalling, regratiug, and engrossing, and for repealing cer- tain Statutes passed in restraint of Trade. I4th July 1844.] WHEREAS divers Statutes have been from Time to Time made in the Parliaments of England, Scotland^ Great Britain, and Ireland respectively prohibiting certain Deal- ings in Wares, Victuals, Merchandize, and various Commodities by the Names of badgering, forestalling, regrating, and engrossing, and subjecting to divers Punishments, Penalties, and Forfeitures Persons so dealing : And whereas it is expedient that such Statutes, as well as certain other Statutes made in hindrance and in restraint of Trade, be repealed : And whereas an Act of the Parliament of Great Britain was passed in the Twelfth Year of the Reign of King George the Third, intituled An Act for repealing several Laws therein mentioned J2G.3. c7l. against Badgers, Engrossers, Forestallers, and Regraters, and for indemnifying Persons against Prosecutions for Offences committed against the said Acts, whereby, aft^r reciting that it had been found by Experience that the Restraint laid by several Statutes upon the dealing in Com, Meal, Flour, Cattle, and sundry other Sorts of Victuals, by preventing a free Trade in the said Commodities, have 3 Y a Tendency 270 Offences of badgering, engrossing, forestalling, and re- grating abolished. 7° & 8° VICTORIiE, Cap.24. a Tendency to discourage the Growth and to enhance the Price of the same, which Statutes, if put in execution, would bring great Distress upon the Inhabitants of many Parts of this Kingdom, and in particular upon those of the Cities of London and Westminster^ sundry Acti therein mentioned, and all the Acts made for the better Enforcement of the same, were repealed, as being detrimental to the Supply of the labouring and manufacturing Poor of this Kingdom : And whereas, notwithstanding the making of the first-recited Act, Persons are still hable to be prosecuted for badgering, engrossing, forestalling, and regrating, as being Offences at Common Law, and also forbidden by divers Statutes made before the earliest of the Statutes thereby repealed : For Remedy thereof, and for the Ex- tension of the same Remedy to Scotland and to Ireland^ he it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Autho- rity of the same, That after the passing of this Act the several Offences of badgering, engrossing, forestalling, and regrating be utterly taken away and abolished, and that no Information, Indict- naent. Suit, or Prosecution shall lie either at Common Law or by virtue of any Statute, or be commenced or prosecuted against any Person for or by reason of any of the said Offences or supposed Offences. Repeal of II. And be it enacted. That the several Acts and Parts of Acts and Parts'of ™^^^ ^" ^^^ Parliaments of England and Scotland, Great Britain Acu "^ * ** *°^ Ireland herein-afler mentioned, shall be repealed, but not so as to revive any Act repealed by any of the Acts hereby repealed ; (that is to say,) The following Acts and Parts of Acts of the Parliament of England; to wit. So much of an Act passed in the Fifly-first Year of the Reign of King Henry the Third, intituled A Statute of the Pillory and Tumbrel, and of the Assize of Bread and Ale, as is now in force : So much of an Act passed in the Twelflh Year of the Reign of King Edward the Second, intituled No Officer of a City or Borough shall sell Wine or Victual during his Office, as is now in force : So much of an Act passed in the Reign of King Henry the Third, King Edward the First, or King Edward the Second, intituled The Punishment of a Butcher selling unwholesome Flesh, as provides Punishment for a Butcher or Cook that buyeth Flesh of Jews and selleth the same unto Christians : The whole of an Act passed in One of the Three last-mentioned Reigns, intituled No Forestaller shall be suffered to dwell in any Town : The whole of an Act passed in the Twenty-third Year of the Reign of King Edward the Third, intituled Victuals shall be sold at reasonable Prices : »® The 51 Hen. 3. Judicium Pillorise. 12Edw.2. C.6. Temp. Hen. 3. Edw. 1. Edw. 2. c. 7. c. 10. 23 Edw. 3, C.6. 1 .«-# 7° & 8" VICTORI.E, Cap.24. 271 (( « The whole of an Act passed in the Twenty-fifih Year of the same Reign, intituled Tlie Penalty of him that doth forestall Wares, 25 Edw. 3. Merchandize, or Victual : ^tat. 4. c. 3. So much of an Act passed in the Twenty-seventh of the same Reign, intituled A Statute of Provisors, as pro\ddes that Com- 27 Edw. 3. missions shall be granted to inquire of Offenders contrary to Stat. i.e. 3. the Statute of 23 Edw. 3. c. 6., and as enacts, " The Penalty ^^^^ 2. c 1 1. for forestalling of Merchandizes before they come to the Staple :" The whole of Two Acts passed in the Thirty-first Year of the same Reign, respectively intituled The Statute of Herrings and 31 Edw. 3. Another Statute of Salt Fish : Stat. 2. ^ Stat. 3. The whole of an Act passed in the Thirty-fiflh Year of the same Reign, intituled An Ordinance of Herring : 35 Edw. 3. So much of an Act passed in the Thirty-seventh Year of the same Reign, intituled Merchants shall not ingross Merchandizes to 37 Edw. 3. inhance the Prices of them, nor use but one Sort of Merchandize, c-5. as is now in force : The whole of an Act passed in the same Year, intituled Clothiers shall make Cloths sufficient for the foresaid Prices, 37 Edw. so that this Statute for default of such Cloths be in nowise =• 15. infringed : The whole of an Act passed in the Second Year of the Reign of King Richard the Second, intituled A Confirmation of the 2 Rich. 2. Statute of 25 Edw. 3. St. 4. c. 3. against Forestallers : Stat. 1. c. 2 So much of an Act passed in the Thirteenth Year of the same Reign, intituled The Rates of Labourers Wages shall be assessed 13 Rich. 2. and proclaimed by the Justices of the Peace, and they shall assess ^^^* !• c«8- the Gains of Victuallers ; who shall make Home Bread, and the Weight and Price thereof, as is now in force : So much of an Act passed in the Fourth Year of the Reign of King Henry the Fourth, intituled An Hostler shall not make 4 Hen. 4. Horse Bread ; how much he may take for Oats, as is now in c. 25. force : So much of an Act passed in the Twenty-fifth Year of the Reign of King Henry the Eighth, intituled Proclamations for the Prices 25 Hen. a of Victuals, viz. the pricing of them and proclaiming the Prices, c. 2. as is now in force : So much of an Act passed in the Twenty-eighth Year of the same Reign, intituled For Prices of Wines, as is now in force, not 28 Hen. s. relating to the gauging and measuring of Wine, Oils, Honey, or ^•^^' any other Liquors or Things : So much of Two Acts passed in the Session of Parliament holden in the Third and Fourth Years of the Reign of King Edward the Sixth, respectively intituled An Act for buying and selling 3&4Edw.6. ^c.iu. I ^ .IlJilLL-^.. V 272 3&4Edw.6. C.21. .5 & 6 Edw. 6. c. 15. * 1 W3. c. 38. 1535. c. 26. 1540. C.16. c. 18. C.32. 1555. c. 35. 1579. c. 26. 1592. c.7(). !f>61. C.280. i Edw. 4. C.2. 37 Hen. 8. C.2. 11 Eliz. c. 4. 2 Ann. c. 15. 9 Ann. c, 7. 7'&8«VlCTORIiE, Cap.24. ofrother Beasts and Cattle, and An Act for the buying and selhng of Butter and Cheese, as is now in force : ^1 ^fe^lfi.''^^1 ^^^ ^^^^^^ ''' ^^^ ^^s'o^ of Parliament holden in the Fifth and Sixth Years of the same Reign, intituled An Act against Regraters and Ingrossers of tanned Leather, except the Frohibition of currying or dressing tanned Leather within the City ot London and the Suburbs thereof as provided by the last- mentioned Act : "^ m Also the following Acts of the Parliament of Scotland; to wit, An Act passed in the Year One thousand fiye hundred and three mtituled Of Malt Makaris in Burrow Touns : ' An Act passed in the Year One thousand five hundred and thirty- five, intituled Off Forstallaris : ^ An Act passed in the Year One thousand five hundred and forty !p!S ^'''' ^^'ch^ing of Berth of fVittalis, Flesche, and Also an Act of the same Year, intituled For stanching of Berth and Prices of fVt/ne, Salt, and Tymmer : Also an Act of the same Year, intituled Anentis Forstallaris: An Act passed in the Year One thousand five hundred and fifty, five, intituled Arient the Bisposition of Wyne, Salt, and Tymmer brocht into the Realme : An Act passed in the Year One thousand five hundred and seventy- nine, mtituled For Punishment of Regrataris and Forstallaris : An Act passed in the Year One thousand five hundred and ninety- two, intituled Aganis Foirstallaris and Regraittaris : An Act passed in the Year One thousand six hundred and sixty- one, intituled An Act for erecting of Manufactories : Also the following Acts and Parts of Acts of the Parliament of Ireland ; to wit. The whole of an Act passed in the Fourth Year of the Reiffn of King Edward the Fourth, intituled An Act against Engrossers and Regraters of Corn : The whole of an Act passed in the Thirty-third Year of the Rei^n of King Henry the Eighth, intituled An Act for Grey Merchants, as revived and perpetuated by a subsequent Act passed in the Eleventh Year of the Reign of Queen Elizabeth, intituled An Act for revtvmg the Statute against Grey Merchants, the Statute for Servants Wages, and the Statute of Jeofails : So much of an Act passed in the Second Year of the Reign of Queen Anne, intituled An Act to prohibit Butchers from being Grazers, and to redress several Abuses in buying and seUing of Cattle, which Act is perpetuated by another Act made in the ^lnth Year of the Reign of Queen Anne, as prohibits any Butcher 1 U 7" & 8° VICTORIA, Cap.24. 273 Butcher from being a Grazier, or keeping in his Possession, or in trust for him, above Twenty Acres of Land, or from selling any Cattle to any other Butcher in Bublin, or within Five Miles thereof, or from keeping at Hay or Feed Oxen or other Cattle for above Ten Days, or from exposing for sale any Oxen or other Cattle within Twenty Miles of the Place where bought ; and which prohibits any Person from selling or exposing for sale any Cattle or Sheep on the same Day when bought : So much of an Act passed in the Tenth Year of the Reign of King George the First, intituled An Act for regulating Abuses lOG.l.cia committed in buying and selling Cattle and Sheep in the several *• !• Markets of this Kingdom, as prohibits Cattle from being bought ^vithin Six Miles of any Market : The whole of an Act passed in the Fifteenth Year of the Reign of King George the Second, intituled An Act to explain and amend I5G.2.c9. a Clause in an Act passed in the Second Year of the Reign of Queen Anne, intituled ' An Act to prohibit Butchers from being ' Grazers, and to redress several Abuses in buying and selling ' of Cattle, and in slaughtering, and packing of Beef, Tallow, * and Hides ;' The whole of an Act passed in the Thirty-first Year of the Reign of King George the Second, intituled An Act to prohibit Sales- 31 G. 2. c. 8. men from being Grazers, and to redress several Abuses in buying and selling Cattle or Meat : So much of an Act passed in the Session of Parliament holden in the Thirteenth and Fourteenth Years of the Reign of King George the Third, intituled An Act for paving Streets within the 13 & ug.S. City and County of the City of Dublin, as authorizes a Market c. 22. s. iL Jury to seize Provisions or Victuals in the Hands of any Fore- staller, Regrater, or Engrosser : So much of an Act passed in the Twenty-seventh Year of the Reign of King George the Third, intituled An Act for establishing 27 g. 3. c.46. Market Juries in Cities, as authorizes and empowers certain s. 3. Market Juries to seize Provisions or Victuals found in the Hands of Forestallers, Regraters, and Engrossers. in. And be it enacted. That the several Acts and Parts of Acts which were repealed, as to Great Britain, by the first-recited Act of the Twelfth Year of the Reign of King George the Third shall be taken, after the passing of this Act, to be repealed as to the United Kingdom of Great Britain and Ireland, IV. Provided always, and be it enacted. That nothing in this Act contained shall be construed to apply to the Offence of knowingly and fraudulently spreading or conspiring to spread any false Rumour, with Intent to enhance or decry the Price of any Goods or Mer- chandize, or to the Offence of preventing or endeavouring to prevent by Force or Threats any Goods, Wares, or Merchandize being brought to any Fair or Market, but that every such Offence 3 ^ may Acts re- pealed as to Great Britain by 12 G. 3. c. 71. to be re- pealed as to Great Britain and Ireland. Nothing in this Act to apply to spreading false Rumours. •i '3^'^. -. - .-^ -. r/ZMRBOHnato t^^^-e 274 7° & 8° VICTORIiE, Cap.24. may be inquired of, tried, and punished as if this Act had not been made. Act may be V. And be it enacted, That this Act may be amended or repealed amended \yy ^ny Act to be passed in this Session of Parhament. tliis Session. •/ •' *^ London : Printed by George E. Eyre and Andrew Spottiswoode, Printers to the Queen's most Excellent Majesty. 18^4. 3 .-^ N i •■MWimgiMifHMWMMlM III I ,w iii>|i i i ri B ■'rS^^ :-:r^J^»'S*» W«U«S«lf-^:£Lti ^ *l ^ 11 ViCi.^ ANNO SEPTIMO & OCTAVO VICrORLE REGESf^. {j^^^^^^^i^^^^^^ii&^^^^^^^^^^^^^^^^^^^^^^^^^^iit^^^^^y^^^^^***** CAP. XXXI. An Act for the warehousing of Foreign Goods for Home Consumption at the Borough of Man- Chester in the County of Lancaster'. [4th July 1844.] WHEREAS by an Act made and passed in the Third and Fourth Years of the Reign of His late Majesty King William the Fourth, intituled An Act for the warehousing of Goods, Regulations are made for the warehousing of Foreign Goods, without Payment of Duty at the Ports of the United King- dom : And whereas it is expedient to permit such Goods to be removed from such Ports to be warehoused within or near to the Borough of Manchester for Home Consumption only : May it therefore please Your Majesty that it may be enacted ; and be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Com- mons, in this present Parliament assembled, and by the Authority of the same. That from and after the passing of this Act the said Borough of Manchester shall be a warehousing Borough or Place for Goods for Home Consumption only, for the Purposes of this Act, subject to the Provisions and Limitations herein-after contained ; and that it shall be lawful for the Commissioners of Her Majesty's Customs, by their Order, from Time to Time to appoint the Places or 4 I Premises 3 Si. 4 W. 4. c. 57. Borough of Manchester tu be a Place for ware- housing Goods for Home Con- sumption, . %rifit UJKt^ .T" J 310 7" & 8» VICTORIiE, Cap.31. and Litnita< tions herein after con- tained. subject to the Premises within or near the said Borough, or within the Distances Provisions ftom the Town Hall in Manchester herein-after mentioned, whicli shall be the Warehouses and Places for depositing Goods removed under this Act, and also to make all such Rules, Regulations, and Conditions, and to require such Securities respecting such Ware- houses and Places, and the Goods lodged therein, as they are em- powered by the said recited Act to make and require in respect of Warehouses and Goods at Ports, and the Owners or Occupiers of such Warehouses or Places within or near the said Borough, or within the Distance from the Town Hall in Manchester herein-after mentioned ; and the Goods lodged therein, and the Owners of such Goods, shall be subject to the same Conditions, Penalties, Forfeitures, and Liabilities as the like Parties or Goods are or may be subject to in Ports under and by virtue of the said recited Act, or of any Acts made or to be made relating to the Customs: Provided always, nevertheless, that all Warehouses or other Places to be appointed as aforesaid for the Deposit of Goods under or by virtue of tiiis Act shall be situated within Two thousand Yards from the Town Hall at Manchester, or within such Distances therefrom as the Lords Com- missioners of the Treasury or the Commissioners of Her Majesty's Customs may approve of and direct. Act net to require Com- missioners of Customs to provide Warehouses for Deposit of Tobacco in Manchester. Provisions of recited Act to apjyly to Ware- bouses in which Goods are depo- sited under this Act. Account of Expenr«^s in- curred by the Customs un- der litis Act to be sent to the Council of the Borough. IL And be it enacted. That the Commissioners of Her Majesty's Customs shall not be required by any thing herein contained to provide the Warehouses for the Deposit of Tobacco in the said Borough o^ Manchester, but that such Warehouses shall be provided in the same Manner and at the like Expence as Warehouses for the warehousing of other Goods under this Act, and shall be subject to the same Conditions and Regulations in every respect as Warehouses for warehousing Tobacco are or may be subject to under any Act or Acta made or to be made relating to the Customs. in. And be it enacted. That from and after the passing of this Act the said recited Act and all other Acts now or hereafter to be made relating to the Customs, and all the Powers, Authorities, and Provisions, Privileges and Forfeitures, Penalties, Matters, and Things whatsoever therein contained, except as such Powers, Authorities, Provisions, Privileges, Penalties, Forfeitures, Matters, and Things are repealed or altered by this Act, shall extend and apply, and be con- strued to extend and apply, to all Warehouses witliin or near the said Borough of Manchester, or within the Distance aforesaid, in which Goods may be deposited under this Act, and to all Goods which shall be removed thereto from any Port, or which shall be at any Time deposited therein, so far as the same are applicable to the warehousing of Goods for Home Consumption only within or near the said BorouHi or the Distance aforesaid. ^ IV. And be it enacted, That the Commissioners of Her Majesty's Customs shall cause an Account to be kept of all the Expences in- curred by them in the Management and Collection of the Customs and other Duties payable in respect of the Goods deposited in such Warehouses or Places within or near the said Borough or Distances aforesaid, and of the Maintenance of the Establishment of Oliicers ^ and 311 v< Commis- sioners of Customs may distrain if Expences of Collet tion, &c. not paid within cer- tain Times. r & 8° VICTORIA, Cap.3l. and Clerks necessary for such Management and Collection, and that on the First Day of January in every Year the said Commissioners shall cause a Copy of the said Account to be furnished to the Council of the said Borough, and the said Council shall forthwith order the same to be paid to the Commissioners of Her Majesty's Customs out of the Borough Fund of the said Borough of Manchester; and in case the Council of the said Borough shall be of opinion that the Amount claimed by the said Account is excessive, or in case any Difference shall arise concerning the said Account, it shall be lawful for the said Coimcil to appeal to the Lords of the Treasury, who thereupon shall make such Order concerning the same as to them shall seem just, which Order shall be conclusive and binding on all Parties : Provided also, that every such Appeal shall be made by the said Council within Three Calendar Months next after any such Account shall have been furnished to the Council as aforesaid. V. And be it enacted, That in case the said Council shall, for the Space of Three Months next after any Account hereby required to be rendered to the said Council shall have been delivered to the said Council, or to the Treasurer of the Borough, neglect or refuse to make an Order for or cause Payment of such Account to be made, in case there shall be no Difference or Dispute about the same, or shall neglect or refuse for the Space of One Calendar Month next after any Order or Minute made by the Lords of the Treasury, or any Three or more of them, upon any Appeal made to them upon any such disputed Account, shall have been delivered to the said Council or to the Treasurer of the Borough, to cause Payment to be made of all or any such Sum or Sums as may be directed to be paid by any such Order or Minute, then and in such Case, and immediately after the Expiration of the said Calendar Month, it shall and may be lawful for the said Commissioners of Her Majesty's Customs, or any Two or more of them, by Warrant under their Hands and Seals, to cause all or any of the Borough Funds or other Monies and Effects to be distrained upon, and to make Sale of any such Effects, and to apply the Proceeds of such Distraint and Seizure in discharge and full Pay- nient of all such Accounts, and all Expences incurred in recovering and proceeding for the same, rendering the Overplus, if any, to the Treasurer of the said Borougii. VL And be it enacted. That in case of any Failure in the Payment Treasury may of the Expences incurred or to be incurred by the Crown in the suspend Collection and Management of the Duties of Customs under the Pro- ^7go^"s*"^' visions oi^ this Act, it shall and may be lawful for the Commissioners y^^Xe^^ Es- of Her Majesty's Treasury, or any Three of them, to direct that no pences paid, further Goods shall be warehoused without Payment of Duty in any Warehouse approved under the Provisions of this Act, until such Expence shall be paid and satisfied ; and after the issuing of any such Directions no Goods shall be deposited therein under the Provisions of this Act. VIL And be it enacted. That, for and in consideration of the Council em- Charges and Expences to which the Council of the said Borough will ^^"^'^^g®^^'* be put in carrying into effect the Provisions of this Act, it shall and eachPackige. may ^ i! \ ! * I 312 Power to Council to levy a Ware- house Rate. 7° & 8° VICTORIA, Cap.31. may be lawful to and for the Council of the said Borough, and they are hereby authorized and empowered, from Time to Time and at all Times hereafter, to ask, demand, receive, recover, take, levy, and raise, for and in respect of all such Goods, Merchandize, and Com- modities whatsoever as shall be lodged or warehoused under the Provisions of this Act, or which shall pay or be liable to pay the Customs Duty thereon at, in, or near the said Borough of Man- Chester, although the same shall not have been actually lodged or warehoused, or which shall come in any way under the Control or Charge of the Officers of Customs at Manchester, such Rate and Duty, Rates and Duties, as the said Council shall from Time to Time fix and determine : Provided always, that it shall be lawful for the Collector or other proper Officer of the Customs, under the Autho- rity of the Commissioners of Customs, and by their Direction, to refuse to permit any Goods warehoused under this Act to be de- livered from the Warehouse until a Certificate or other Proof that the Rates and Duties payable to the Borough in respect of such Goods have been paid or satisfied shall have been produced to him. VIII. And be it enacted. That it shall and may be lawful for the Council of the said Borough, and they are hereby authorized and required, from Time to Time when and so often as they shall think it necessary, to ask, demand, receive, recover, take, levy, and raise of and from the Occupier or Occupiers of each and every Warehouse or Place of Security which the Commissioners of Her Majesty's Treasury, or the Commissioners of Her Majesty's Customs by their Order, from Time to Time shall appoint to be Warehouses or Places of Security under and by virtue of this Act, such Warehouse Rate as the said Council shall from Time to Time, at a Meeting of the Council duly called for that Purpose, fix and determine for and in respect of such Warehouse or Place of Security; and the Money or Monies to be so rated or assessed on the said Occupiers shall be paid in advance by them respectively to the Collector or Collectors or other Person or Persons appointed by the said Council to collect the same ; and in case any Occupier or Occupiers of any such Ware- house or Place, or the Owner of any such Goods, shall neglect or refuse to pay his, her, or their Proportion or Proportions of the said Rates or Assessments respectively to the said Collector or Collectors or other Person or Persons for the Space of Five Days after personal Demand thereof; or Demand in Writing left at the Place of Abode or Occupation of such Occupier or Occupiers, then and in every such Case it shall be lawful for the said Council, by Warrant from any One or more Justice or Justices of the Peace, to levy the Amount thereof by Distress and Sale of his, her, or their Goods and Chattels ; and the Surplus (if any) of the Monies to be raised by such Dis- tress and Sale shall be returned to the Owner or Owners of the Goods and Chattels so distrained and sold, together with any Pro- perty which may remain unsold, after deducting all Charges attending such Distress and Sale : Provided always, that it shall be lawful for the said Council to recover any Rate or Assessment due and payable by virtue of this Act by Action of Debt or on the Case in any of Her Majesty's Courts of Record at Westminster or Court of Common Pleas at Lancaster : Provided also, that no Goods warehoused under this II V4 •1^ 1' I 7' & 8^ VICTORIiE, Cap.31. 313 this Act shall be removed from any such Warehouse by virtue of any such Distress or Sale unless the full Duties of Customs due thereon shall have been fully paid and satisfied. IX. And be it enacted, That any Person, being either a Landlord Rates where or Tenant, who shall let any Warehouse in separate Apartments to ^J^^'^f^"^^^ several Tenants, or for any less Term than a Year, shall for the ^.^^.g^j^, several Purposes of this Act be deemed and taken to be the Occupier Tenants, thereof, and may be rated and assessed accordingly. X. And be it enacted. That the Council of the said Borough shall Council to appoint One or more Collector or Collectors, or such other Officer JPP«^«^ or Officers as they shall think necessary, to enable them to carry into execution the Powers and Duties vested in them by virtue of this Act, not being for the Collection or Management of any Duty, Mat- ter, or Thing relating to the Customs, and shall from Time to Time, at their Pleasure, discontinue the Appointment of any such Officers, and shall take such Security for the due Execution of his Office by any such Officer as the said Council shall think proper. XI. And be it enacted. That the Council of the said Borough shall be and are hereby authorized and empowered from Time to Time to include the Amount of the Monies required, or which it may be determined will be required, for the Purposes of this Act, in the next Estimate for the Borough Rate to be made within the said Borough ; and they are hereby authorized and empowered to order such additional Amount of Money to be included in the next Borough Rate so to be made and levied within the said Borough. XII. And be it enacted. That it shall be lawful for the Mayor, Power to Aldermen, and Burgesses of the said Borough, by the said Council, ^"^J.'^^'^'' to contract for the absolute Purchase of any Lands situate within or property, near the said Borough, or within the aforesaid limited Distance from any Part of the Town Hall thereof, from any Person willing to sell the same; and on Payment of the Purchase Money for any such Conveyance. Lands to the Parties respectively entitled, or otherwise pursuant to the Provisions of this Act, the Person entitled to or capacitated to convey such Lands shall convey and assure the same to the said Mayor, Aldermen, and Burgesses, to be by them held and enjoyed for the Purposes of this Act; and all or any of such Lands, including any Warehouses and other Buildings which may be erected thereon, may be subsequently sold, or otherwise alienated, demised, or leased, in the like Manner, for the like Purposes, and subject to the like Con- ditions as are and shall for the Time being be by Law applicable to other Lands of the said Mayor, Aldermen, and Burgesses ; but the said last preceding Provision shall be without Prejudice to the Power of mortgaging hereby vested in the said Mayor, Aldermen, and Bur- gesses for the Purposes and in manner herein-afler expressed. XIII. And be it enacted. That it shall be lawful for all or any of Parties under the following Parties, being seised, possessed of, or entitled to any J^jJ^JjjJj*^^'; such Lands, or any Estate or Interest therein, to sell and dispose, ^^^ *" "* " and convey or release the same unto the said Mayor, Aldermen, and 4 K Burgesses, Council em- powered to include in the Borough Rate ihe Ex- pences of carrying this Act into execution. to It 314 7° & S" VICTORIiE, Cap.31. Burgesses, and to enter into all necessary Agreements for that Pur- pose ; (that is to say,) all Corporations, Tenants for Life or in Tail, or for any other partial, qualified, or definite Estate or Interest! married Women seised in their own Right or entitled to Dower, Guardians, Committees of Lunatics and Idiots, Trustees or Feoffees in trust for charitable or other Purposes, Executors and Adminis- trators ; and the Power so to sell and convey as aforesaid may law- fully be exercised by all such Parties, not only on behalf of them- selves, and their respective Heirs, Executors, Administrators, and Successors, but also for and on behalf of every Person entitled or who may become entitled in reversion, remainder, or expectancy after them, if incapacitated, unborn, or otherwise not ascertained or not to be found, and as to such married Women as if they were sole, and as to such Guardians on behalf of their Wards, and as to such Committees on behalf of the Lunatics and Idiots of whom they are the Committees respectively, and that to the same Extent as such Wives, Wards, Lunatics, and Idiots respectively could have exercised the same Powers under the Authority of this Act if they had respec- tively been under no Disability, and as to such Trustees and Executors and Administrators on behalf of their Cestuique Trusts, whether Infants, Issue unborn. Lunatics, Femes Covert, or other Persons, and that to the same Extent as such Cestuique Trusts respectively could have exercised the same Powers under the Autho- rity of this Act if they had respectively been ascertained and under no Disability. Considera- XIV. And be it enacted. That, except as hereinafter mentioned tiontobein the Consideration to be paid for the Purchase of any such Lands gross aum. ^j. ^^' ^^^ p^^^^ ^^ Interest therein, or of any Rent or Rent-charge affecting the same, shall be in a gross Sum. XV. And be it enacted. That the Owners of any such Lands, or of any such Estate or Interest therein as aforesaid, and all Parties by this Act enabled to convey any such Lands, may agree to accept, and, subject to the Restrictions in this Act contained as to the Payment thereof, may accept. Satisfaction for the Value of such Lands, or any Estate or Interest tiierein to which such Party shall be entitled. Acceptance of Compen- sation for Price of Lands. Amount of Compensa- tion to be ascertained bj Valuation in case of Parties under Disability. XVI. And with respect to the Consideration Money to be paid for any Lands to be purchased from any Party under any Disability or Incapacity, and not having Power to sell or convey, except under the Provisions in this Act contained, be it enacted. That such Con- sideration Money shall not be less than shall be determined by the Valuation of Two practical Surveyors, one of whom shall be nomi- nated by the Coinicil, and the other by the other Party, and if such Two Surveyors cannot agree in the Valuation, then by such Third Surveyor as any Two Justices shall, upon the Application of the Council for that Purpose, nominate ; and each of such Two Sur- veyors, if they agree, or if not, then the Surveyor nominated by the said Justices, shall annex to the Valuation a Declaration of the Correctness thereof^ XVIL And / r f 7' & 8° VICTORI-^, Cap.31. 315 XVII. And be it enacted, That if any Person seised in Fee of or Purchase of entitled absolutelv for his own Benefit to any Lands authorized to be f^JP^^^" purchased for the Purposes of this Act shall be willing to sell such ^'^'^ *° '" Lands for a perpetual annual Rent in lieu of a Sum in gross, such Person may lawfully sell and convey such Lands or any Part thereof' unto the said Mayor, Aldermen, and Burgesses, in consideration of an annual Rent-charge payable by the Mayor, Aldermen, and Bur- gesses to the Person so selling and conveying, and to his Heirs and Assigns, or to such other Person as he or they shall direct XVIII. And be it enacted. That the yearly Rents reserved by any Payment of such Conveyance shall be charged on the Borough Fund of the said ^""^^^^"^ ^° Borough, and shall be paid by the Treasurer of such Borough as ^^jhel^- such Rents become payable ; and if at any Time any such Rents be rough Fund, not paid within Thirty' Days after they so become payable, and after Demand thereof in Writing, the Person to whom any such Rent shall be payable may either recover the same from the Mayor, Aldermen, and Burgesses, with Costs of Suit, by Action of Debt in any of the Superior Courts, or it shall be lawful for him to levy the same by Distress of the Goods and Chattels of the said Mayor, Aldermen, and Burgesses. XIX. And be it enacted, That all Conveyances of Land so to be Forms of purchased as aforesaid may respectively be according to the Form in Conveyances, the Schedules (A.) and (B.) respectively to this Act annexed, with such Variations as the Circumstances of the Case may reasonably require ; and all Conveyances under this Act, whether the same shall or shall not be in such Form respectively, shall be effectual to vest the Lands comprised therein in the Mayor, Aldermen, and Burgesses, and shall operate to merge all Terms of Years attendant by express Declaration or by Construction of Law on the Estate or Interest thereby conveyed, and, without Inrolment or any further Act, to bar and destroy all Estates Tail, and all other Estates, Titles, Re- mainders, Reversions, Limitations, Trusts, and Interests whatsoever of and in the Lands comprised therein ; but although Terms of Years be thereby merged, they shall in Equity afford the same Pro- tection as if they had been kept on foot and assigned to a Trustee for the Mayor, Aldermen, and Burgesses, to attend the Reversion and Inheritance. XX. And be it enacted. That the Costs of investigating the Title Costs of to any Lands which may be purchased by the Mayor, Aldermen, and Conveyances. Burgesses, under the Authority of this Act, and of the Conveyance thereof respectively, or of any Estate or Interest therein respectively, and such other Costs as are usually paid by the Purchaser on the Purchase of any Lands, or of any Estate or Interest therein, shall be borne and paid by the Mayor, Aldermen, and Burgesses. XXL And for the Purpose of providing for the Deposit and Purchase Application of the Purchase Money to be paid in respect of any Money pay- such Lands which may belong to Parties under Disability, be it ties^JndJ^' enacted. That if any such Purchase Money shall be payable in respect Disability of anv such Lands, or any Interest therein, which any Corporation, amounting to ^ Tenant 200/. to b« '# 316 deposited in the Bank of England. 12 G. I.e. 32. 12G.2.C.24. r & 8° VICTORIiE, Cap.31. Tenant for Life, or any other partial or qualified Interest, married Woman seised in her own Right or entitled to Dower, Guardian, Committee of Lunatic or Idiot, Trustee, Executor, or Administrator, or Person under any Disability, shall be entitled to or interested in, and shall under the Powers of this Act be enabled to convey or dispose of, the same shall, if it amount to or exceed the Sum of Two hundred Pounds, be paid into the Bank of England in the Name and with the Privity of the Accountant General of the Court of Chancery, to be placed to his Account there ex parte " The Mayor, Aldermen, and Burgesses of the Borough of Manchester ^^* pursuant to the Method prescribed by an Act of the Twelftii Year of the Reign of His Majesty King George the First, intituled An Act for the better securing the Monies and Effects of the Suitors of the Court of Chancery^ and to prevent the counterfeiting of East India Bonds and Indorsements thereon^ as likewise Indorsements on South Sea Bonds, and pursuant to the general Rules and Orders of the said Court, and without Fee or Reward, according to the Act of the Twelfth Year of the Reign of His Majesty King George the Second, intituled An Act to empower the High Court of Chancery to lay out on proper Securities any Moneys, not exceeding a Sum therein limited, out of the common and general Cash in the Bank of England belong- ing to the Suitors qf the said Court, for the Ease of the said Suitors, by applying the Interest therefrom for answering the Charges qf the Office o/' Accountant General o/' the said Court; and such Monies shall remain so deposited until the same be applied to some one or more of the following Purposes ; (that is to say,) In the Purchase or Redemption of the Land Tax, or the Discharge of any Debt or Incumbrance affecting the Lands in respect of which such Money shall have been paid, or affecting other Lands settled therewith to the same or to the like Uses, Trusts, or Purposes ; or In the Purchase of other Lands, to be conveyed, limited, and settled upon the like Uses, Trusts, and Purposes, and in the same Manner as the Lands in respect of which such Money shall have been paid stood settled ; or, If such Monies shall be paid in respect of any Buildings purchased under the Authority of this Act, in replacing such Buildings, or substituting others in their Stead, in such Manner as the Court of Chancery shall direct ; or In Payment to any Party becoming absolutely entitled to such Money. Order of XXII. And be it enacted, That such Money may be so applied as Application, aforesaid upon an Order of the Court of Chancery made on the Petition of the Party who would have been entitled to the Rents and Profits of the Lands in respect of which such Money shall have been deposited ; and until the Money can be so applied it may upon the like Order be invested by the said Accountant General in the Purchase of Three per Centum Consolidated or Three per Centum Reduced Bank Annuities, or in Government or Real Securities ; and until such Annuities or Securities shall be ordered to be sold or converted into Money for the Purposes aforesaid, the Interest, Dividends, and annual Proceeds thereof shall from Time to Time 8 be Application of Monies deposited. >. ^i T & 8° VICTORIA, Cap.31. 317 be paid to the Party who would for the Time being have been entitled to the Rents and Profits of the Lands so to be purchased ; and the Order for such Investment and Application of the Interest, Dividends, and annual Proceeds may be made on the like Petition. XXIII. And M'ith respect to any such Purchase Money which shall Sums from not amount to the Sum of Two hundred Pounds, and shall exceed 20^ to 200/. the Sum of Twenty Pounds, be it enacted. That the same shall ^? J^ ^^' either be paid into the Bank oi England, and applied in the Manner nested in herein-before directed with respect to Sums amounting to or exceed- Trustees, ing Two hundred Pounds, or the same may lawfully be paid to Two Trustees, to be nominated by the Parties entitled to the Rents or Profits of the Lands in respect whereof the same shall be payable, such Nomination to be signified by Writing under the Hands of the Parties so entitled ; and in case of the Coverture, Infancy, Lunacy, or other Incapacity of the Parties entitled to such Monies, such Nomi- nation may lawfully be made by their respective Husbands, Guardians, Committees, or Trustees; but such last-mentioned Application of the Monies shall not be made unless the Council approve thereof and of the Trustees named for the Purpose, such Approval to be signified in Writing under the Hand of the Town Clerk ; and the Money so paid to such Trustees, and the Produce arising therefrom, shall be by such Trustees applied in the Manner herein-before directed with respect to Money paid into the Bank of England, but it shall not be necessary to obtain any Order of the Court for that Purpose. XXIV. And with respect to any such Money which shall not Sums not exceed the Sum of Twenty Pounds, be it enacted. That the same exceeding shall be paid to the Parties who would for the Time being have been p^/j j^^^. entitled to the Rents and Profits of the Lands in respect whereof the \\^^ same shall be payable, for their own Use and Benefit ; or in case of the Coverture, Infancy, Idiotcy, Lunacy, or other Incapacity of any such Parties, then such Money shall be paid, for their Use, to the respective Husbands, Guardians, Committees, or Trustees of such Parties. Court of Chancery - may direct Itiveslmeut or Payment of Money in respect of Leases for Lives, Yearp, &c. or Re- versions. XXV. Provided always, and be it enacted. That where any Pur- chase Money paid into the Court of Chancery under the Provisions of this Act shall have been paid in respect of any Lease for Lives or Years, or any Estate in Lands less than the whole Fee Simple thereofi or of any Reversion dependant on any such Lease or Estate, it shall be lawful for the Court of Chancery, on the Petition of any Party interested in such Money, to order that the same shall be laid out, invested, accumulated, and paid in such Manner as the said Court may consider will give to the Parties interested in such Money the same Benefit therefrom as they might have legally had from the Lease, Estate, or Reversion in respect of which such Money shall have been paid, or as near thereto as may be. XXVI. And be it enacted. That if any Question arise respecting Party in the Title to the Lands in respect whereof such Money shall have p<»«o»»jon been so paid or deposited as aforesaid, the Parties respectively in t^'th^J^r. possession or receipt of the Rents of such Lands at the Time of 4 L such i NiiiiPiiMM 318 Costs in Cases of Money de- posited. i r & 8° VICTORIiE, Cap.31. such Lands being purchased shall be deemed to have been lawfully entitled to such Lands, until the contrary be shown to the Satisfaction of the Court ; and unless the contrary be sliown as aforesaid the Parties so in possession, and all Parties claiming under them or con- sistently with their Possession, shall be deemed entitled to the xMoney so deposited, and to the Dividends or Interest of the Annuities or Securities purchased therewith, and the same shall be paid and applied accordingly. l^lLVll. And with respect to Costs in Cases of Money deposited in the Bank of England, be it enacted. That the Court of Chancery may in all such Cases order the Costs of the following Matters, in- eluding therein all reasonable Charges and Expences incident thereto, to be paid by the Mayor, Aldermen, and Burgesses; (that is to say,) the Costs of the Purchase of the Lands, or which shall have been incurred in consequence thereof, other than such Costs as are herein otherwise provided for, and the Costs of the Investment of such Monies in Government or Real Securities, and of the Reinvestment thereof, or of the Government or Real Securities purchased there- with, in the Purchase of other Lands, and also the Costs of obtaining the proper Orders for any of the Purposes aforesaid, and of the Orders for the Payment of the Dividends and Interest of the Govern- ment or Real Securities upon which such Monies shall be invested, and for the Payment out of Court of the Principal of such Monies] or of the Government or Real Securities whereon the same shall be invested, and of all other Proceedings relating thereto, except such as are occasioned by Litigation between adverse Claimants. XXVIII. And be it enacted, That nothing in this Act contained shall enable the said Council to alienate, incumber, or demise, for the Purposes of this Act, without the Approbation of the Commissioners of Her Majesty's Treasury of the United Kingdom of Great Britain and Ireland, or any Three of them, any Lands, Tenements, or Here- ditaments which they could not have sold, alienated, incumbered, or demised without such Approbation before the passing of this Act, any thing in this Act to the contrary notwithstanding. Power to XXIX. And be it enacted. That it shall be lawful for the said MonZ on ^ayor, Aldermen, and Burgesses, by the said Council, and pursuant Rates and ^^ ^^p Resolutions of a Special Meeting of such Council, from Time Warehouses, to Time to borrow and take up at Interest any Sum or Sums of Money, but to such Amount only that the whole Principal Debt due at any one Time upon such Mortgages shall not exceed the Sum of Fifty thousand Pounds, and that either upon the Credit of the Rates in respect of or upon Goods and Warehouses respectively hereby authorized to be made, or either of such Rates, or upon the Security of any Lands which may be purchased under the Provisions of this Act, or upon the Credit of the Borough Fund of the said Borough, or by any of such Means, and to mortgage, demise, grant, or assign the said Rates or Assessments, or any or either of them, or any Parts thereof, and the Lands aforesaid respectively, to the Persons who shall advance or lend such Money, as a Security for the same together with the Interest thereof; and that by any Writing ' under Council not to sell, &c. without the Approbation of the Trea- sury. Mortgage. ^l r & 8^ VICTORIiE, Cap.31. 319 under the Seal of the said Mayor, Aldermen, and Burgesses, which Writings may respectively be in the Words or to the Effect set forth in the Schedules (C.) and (D.) to this Act annexed, with such Varia- tion, and with such Powers, Covenants, and Provisoes, as the Circum- stances of the Case may reasonably require, or the Parties shall agree ; and no Person advancing any Sum or Sums upon the Credit of any such Security shall be bound to see to or be responsible for the Application of such Money. XXX. And be it enacted, That if Two or more Mortgages, either Mortgages of the aforesaid Rates or either of them, or of the said Lands or any n>ay ^« ^^^^"^ Part thereof, shall be made to Two or more Persons, their respective ^"jiiJ pJi^°|t^ Securities may, according to the actual Agreement in that Behalf, to as agreed oii.' be expressed in such Mortgages, be either concurrent and to take effect pari passu, or with such Priority as may be so agreed upon, and in default of and subject to any such Agreement the Priority of the same Mortgages shall be determined by the Order of the respective Executions thereof: Provided always, that no Mortgagee of such Rates or either of them shall be entitled to interfere with the ordering or assessing of the same Rates, or the Amount or Collection thereof, but the same shall be from Time to Time made, assessed, and collected in manner herein directed, and the said Mayor, Alder- men, and Burgesses, acting by their Council, shall be Trustees for the Application thereof in the Order and for the Purposes herein- after expressed. XXXI. And be it enacted, That it shall be the Duty of the Col- AppHcatiou lector or other Officer by whom any Monies received or raised under of Monies this Act shall be received, and he is hereby required, forthwith upon "^^^^ ^^ ^' C6IVCC1 unfjcr the Receipt thereof, to deposit with the Treasurer of the said Borough /^^ every Sum of Money which shall come to his Hands, and whether the same shall arise from any Rate or any Loan hereby authorized to be raised, or from the Rents and Profits of such Lands ; and upon such Monies being so deposited it shall be the Duty of the said Treasurer, and he is hereby required, to pay and dispose of all such Monies in such Manner as he may be required by any of the Laws, Bye Laws, or Regulations then in force in relation thereto, or, so far as they may not apply, as required by any Law, Bye Law, or Regu- lation then in force in relation to the Monies forming the Borough Fund ; and from Time to Time it shall be lawful for the Council of the said Borough to direct by Order the Issue or Payment thereof or of any Part thereof for the Purpose of being applied according to the Provisions of this Act, which Order shall be subject to the Laws, Bye Laws, and Regulations then in force in relation to such Monies, or, so far as they may not apply, then to any Law, Bye Law, or Regulation then in force in relation to the Monies forming the said Borough Fund. XXXII. And be it enacted, with regard to the Monies to be from Application Time to Time borrowed under the Provisions of this Act, or to arise of Monies from any Sale of Lands previously purchased or acquired hereunder, produced bv That it shall be lawful for the said Council and they are hereby Sale of Lands, authorized to apply such Monies as follows : First, 1r 320 Council to make Bye Laws. 7° & 8" VICTORIiE, Cap.31. First, — To defray the Expences attendant upon the Application for and the obtaining of this Act ; and. Secondly, — To purchase or build One or more Warehouses or Bonding Places for the Purposes of this Act, or to alter and render suitable for such Warehouses any Messuages or Build- ings which the said Council shall purchase by virtue of this Act, and from Time to Time to enlarge, improve, alter, repair, or rebuild such Warehouses and Places, or any of them : And with regard to all other Monies to be received by or to become subject to the Control of the said Council under the Authority of this Act, including the net Rents and Profits of the Lands so to be purchased, and any Buildings for the Time being, after all reasonable Deductions and Allowances for Lessees Repairs, Expence of In- surance, and proper or reasonable Outgoings, it shall be lawful for the said Council and they are hereby authorized and required to apply such Monies as follows : First, — Towards the Payment of the Expence which may be necessarily incurred from Time to Time in carrying into effect the Provisions of this Act, and which are not herein-before provided for : Secondly, — Towards the Payment from Time to Time of the Interest of any Money which shall be raised by way of Mort- gage according to the Power hereby given, or of so much thereof as shall remain unredeemed : Thirdly, — Towards the Payment of the Amount of any Sum of Money which the said Council shall from Time to Time pay to the Commissioners of Customs by virtue of this Act : And with regard to the Monies to be so borrowed, and as to all other Monies so to be received, that if the said Monies shall be more than sufficient for the Purposes aforesaid, then it shall be lawful for the said Council to apply the Surplus thereof either in Payment of the Money borrowed by the said Council under the Provisions of this Act, or of so much thereof as they shall from Time to Time deem it expedient to redeem, or in Improvements within the said Borough, or otherwise as to the said Council shall seem fit for the public Benefit of the Inhabitants thereof. XXX I IL And be it enacted. That it shall be lawful for the said Council, at a Meeting thereof at which Two Thirds at least of their Number shall be present, and they are hereby empowered, to make such Bye Laws as to them shall seem meet with regard to the Ware- houses to be appointed by virtue of this Act, so fiir as relates to the Management and Regulation thereof for the Purposes of this Act, and also with regard to the Duties or Rates authorized to be raised by this Act, so far as relates to the Collection thereof, and also with regard to the Owners of Warehouses and Owners of Goods lodged therein, and all other Persons employed by such Owners, or other- wise engaged about such Warehouses and Goods lodged therein and removed therefrom, and to impose therein such Fines for the Non- observance of such Bye Laws, not exceeding Ten Pounds, as to them shall seem meet, XXXIV. Pro- "' y^ r i K 7° & 8° VICTORIiE, Cap.31. 321 XXXIV. Provided nevertheless, and be it enacted. That no such Bye Laws Bve Law shall be of any Force until after the Expiration of Forty ^^J^^^^ Davs after the same, or a Copy thereof, shall have been sent, sealed submitted to with the Seal of the said Borough, to the Lords of Her Majesty's Treasury and Treasury, and after a Copy thereof shall have been affixed on or published, near the outer Door of the Town Hall, or in some other public Place within such Borough, for the like Space of Forty Days ; and if at any Time within the said Period of Forty Days the Lords of the Treasury shall disallow such Bye Law or any Part thereof, such Bye Law, or the Part thereof so disallowed, shall not come into operation : Provided also, that it shall be lawful for the Lords of the Treasury, if they shall think fit, at any Time within the said Period of Forty Days, to enlarge the Time within which such Bye Law shall not come into force, and no such Bye Law shall in that Case come into force until after the Expiration of such enlarged Time. XXXV. And be it enacted, That the several Provisions, Powers, Extending and Enactments in the Act passed in the Session of Parliament held l^^J^?^^^ ^^ in the Fifth and Sixth Years of the Reign of His late Majesty Kmg 'f^,,^^J,,^^, William the Fourth, intituled An Act to provide for the Regulation ;^cts to this of Municipal Corporations in England awrf Wales, and the Acts for Act in certain the Amendment, Alteration, or Interpretation thereof, shall, so far as respects, the same respectively relate to the several Matters and Things herein- after referred to, extend to such Matters and Things as are herein- after mentioned in connection therewith ; (that is to say,) The Provisions for ordering the Borough Rate, and in respect of Appeals therefrom, and for obtaining Returns of rateable Property and Assessments, shall apply to the respective Rates authorized to be made hereunder, and to the Returns and Assessments requisite or proper for the Purposes thereof, and the respective Provisions for the Removal and Re-appointnient of Officers, and in relation to the Securities for the due Exe- cution of their respective Offices, and for the Delivery and Enforcement of their Accounts, and as to their Receipts, Payments, and Duties, and to the Remedies and Proceedings for enforcing or consequent upon any Breach thereof, or in reference to their Conduct and Behaviour in any respect to the Officers, Clerks, and Servants to be appointed hereunder, and to the like Securities, Remedies, Matters, and Things with reference to such Officers, Clerks, and Servants : And the same Act and Acts, so far as relates to the Application of Penalties ; and . , , , So far as relates to the Prosecution of Oflfences punishable upon summary Convictions ; and So far as relates to the summoning of Witnesses, and the Penalties for Disobedience of such Summons ; and So far as relates to the Payment of Penalties, the levying thereof by Distress, and the Imprisonment of Offenders ; and So far as relates to the Form of Conviction ; and So far as relates to Appeals against Convictions under tiiat Act j and 4. M Sq 322 r & 8^ VICTORIA, Cap. 31. So far as relates to the Informality of Proceedings, and the Removal of Proceedings into Her Majesty's Court of Record at Westminster, and to the Recovery of Satisfaction by Persons aggrieved by informal Proceedings ; and ^ '"ersons So far as relates to the Protection of Persons acting in the Execution of that Act in relation to Actions and Proceedings against them for any thing done in pursuance of that Act ^ Shall apply to the like Matters under this Act, and in every such Case as If such Parts of the same Act or Acts were re-enacted herdn t?th the requisite Vanations. Interpreta. XXXVI And for the Interpretation of this Act, be it enacted -o of AC. That m this Act the following Words and Expressions shal have th^ n the Subject or Context repugnant to such Construction: (that f Words importi^ng the Singular Number shall include the Plural Number, and Words importing the Plural Number shall include the bmgular Number : ^^'^^^J^^Porting the Masculine Gender only shall include The Word " Month " shall mean a Calendar Month : The Words « Mayor, Aldermen, and Burgesses" shall mean the Sin^Styr^ ^^^ ^--^^ ^'^<^- '^'':i^xt;:^:r^'^^^ ^'^" "^^^^ ^^^ ^^"-^ ^^ ^^^ B-ugh The Word " Borough" shall mean the Borough o^ Manchester as comprised in Her Majesty's Charter of In?orpor7t~'''^ The Word "Justice shall mean any one of Her Majesty^s Justices of the Peace acting in and for the said Borough of Manchester or the said County of Lancaster • M^^'^J-^^^'u'"'^^" '""^^ ^" ^^^«» Commodities, and Merchandize whatsoever which now or for the Time beinff may by Law be warehoused or lodged according to the Pro- visions of the said Warehousing Act : 6 ^ ^fo The Word « Warehouses" shall include all Places of Security or rremises appointed in pursuance of this Act for the ware bousing or lodging of Goods, and to the Buildings, Walls titr ^^r • ""f ? ^^^^^« ^PP^'-tenant thereto or connected therewith, including Yards for bonding Timber, whether the Mawcr^""^ ^^^"^*^ ^^*^^" °^ ^^^^ ^^^ Borough of The Word "Owners," used in connection with or with reference to Goods, shall include reputed or ostensible Owners, and all Persons in whose Names any Goods shall have been ware- housed under this Act, or shall for the Time being stand in the Books kept by the Officers of Customs having the Charge of the Warehouse in which the same shall be lodged, or shfll have been lodged at the Time of the Payment of the Duties ot Customs thereon, and also all Persons who in respect of such Goods shall be liable to the Payment of such Duties : The 7" & 8** VICTORIiE, Cap.31. 323 The Word " Lands " shall extend to Messuages, Lands, Tene- ments, and Hereditaments of any Tenure : The Term "Lords of the Treasury" shall mean also and include the Lord High Treasurer, or the Lords Commissioners of Her Majesty's Treasury for the Time being, as the Case may be : The Word " Commissioners" shall mean and include the Com- missioners of Her Majesty's Customs for the Time being. XXXVII. And be it enacted, That this Act shall be deemed to Public Act. be a Public Act, and shall be judicially taken notice of as such. XXXVIII. And be it enacted. That this Act may be amended Act may be or repealed by any Act to be passed in the present Session of ^^g^s^jo**^ Parliament. SCHE- I 324 it 7" & 8« VICTORIA, Cap,31. SCHEDULES to which the foregoing Act refers. • SCHEDULE (A.) Form of Conveyance, * of in consideration of the Sum of to me {^or, as the Case may be,'] into the Bank of England, in the Name and with the Privity of the Accountant General of the Court of Chancery, ex parte «* The Mayor, Aldermen, and Burgesses of the Borough of Manciiester," [or to A,B, of and CD, of Two Trustees appointed to receive the same,] pursuant to the Act after mentioned, paid by the Mayor, Aldermen, and Burgesses of the Borough of Manchester, acting under an Act passed in the Year of the Reign of Her Majesty Queen Victoria, intituled [^here set forth the Title of this Act], do hereby convey to the Mayor, Aldermen, and Burgesses, their Successors and Assigns, all ^describe the Premises to be conveyed], together with all Ways, Rights, and Appurtenances thereunto belonging, and all such Estate,' Right, Title, and Interest in and to the same, and every Part thereof, as I am or shall become seised or possessed of, or am by the said Act capacitated or empowered to convey or surrender, to hold the Premises to the Mayor, Aldermen, and Burgesses, their Successors and Assigns for ever, according to the true Intent and Meaning of this Act. In witness whereof I have hereunto set my Hand and Seal, the Day of in the Year of our Lord SCHEDULE (B.) Form of Conveyance on Chief Rent. r, , n . °^ in consideration of the Rent-charge to be paid to me, my Heirs and Assigns, as herein-after mentioned, by the Mayor, Aldermen, and Burgesses of the Borough of Manchester, acting under an Act passed in the Year of the Reign of Her Majesty Queen Victoria, intituled Ihere set forth the Title qf this Act], do hereby convey to the said Mayor, Aldermen, and Burgesses, their Successors and Assigns, 9\\ ^describing the Premises to be conveyed!, together with all Ways, Rights, and Appurtenances thereunto belonging, and all such Estate, Right, Title, and Interest in and to the same, and every Part thereof, as I am or shall become seised or possessed of, or am by the said Act capacitated or empowered to convey or surrender, to >. 'T 7°&8°VICTORIiE, Cap.31. to hold the said Premises to the said Mayor, Aldermen, and Bur- gesses, their Successors and Assigns for ever, according to the true Intent and Meaning of the said Act, they the said Mayor, Aldermen, and Burgesses, their Successors and Assigns, yielding and paying unto me, my Heirs and Assigns, one clear yearly Rent of by equal quarterly [or half-yearly, as agreed upon,] Portions henceforth on the [stating the Days], clear of all Taxes and Deductions. In witness whereof I have hereunto set my Hand and Seal, this Day of in the Year of our Lord SCHEDULE (C.) Form of Mortgage upon the Security qf Lands purchased. Know all Men by these Presents, That we, the Mayor, Aldermen, and Burgesses of the Borough of Manchester, under the Authority of an Act passed [here set forth the Title of this Act], in consider- ation of the Sum of by of paid into the Hands of the Treasurer of the said Borough, the Receipt whereof is certified by his signing the Receipt indorsed on these Presents, do by these Presents demise and assign to the said his Executors, Adminis- trators, and Assigns, all that [here describe the Premises], and all the Estate, Right, Title, and Interest of the Mayor, Aldermen, and Burgesses of the Borough of Manchester in the same, to have and to hold the said [shortly specifying the Premises], hereby demised, and all Benefit and Advantage thereunto belonging, unto the said his Executors, Administrators, and Assigns, until the Expiration of the Term of One thousand Years [or for a shorter Period, according to the Nature of the Property, or the Extent of any Term therein], or until the said Sum, with Interest thereon at the Rate of for every One hundred Pounds by the Year, shall have been paid or satisfied, which shall first happen. Given under our Common Seal, this Day of in the Year of our Lord One thousand eight hundred and SCHEDULE (D.) Form of Mortgage where the Loan is made on Security of Rates, Know all Men by these Presents, That we, the Mayor, Aldermen, and Burgesses of the Borough of Manchester, under the Authority of the Act passed [here set forth the Title of this Act], in consider- ation of the Sum of by of paid into the Hands of the Treasurer of the said Borough, the Receipt whereof is certified by his signing the Receipt indorsed on these Presents, do by these Presents assign unto the said his Executors, Administrators, and 4 N Assigns, 325 i \ \/ 11 326 7°&8''VICTORIiE, Cap.31. Assigns, all the Rates and Duties arising by virtue of the said Act, and all the Estate, Right, Title, and Interest of the said Mayor, Aldermen, and Burgesses therein, to hold unto the said his Executors, Administrators, and Assigns, until the said Sum of together with all Interest for the same at the Rate of for every One hundred Pounds by the Year, shall be paid and satisfied. Given under our Common Seal, this Day of in the Year of our Lord One thousand eight hundred and London Printed by George E. Eyre and Andrew Spottiswoode, Printers to the Queen's most Excellent Majesty. 1844. Ill II x»' '/ r- ^10.4 ANNO SEPTIxMO & OCTAVO VICTORLE REGIN^ ************♦***************#*********#****#**♦*#** CAP. XLVIII. An Act to repeal certain Acts for regulating the Trade in Butter and Cheese. [29th July 1844.] WHEREAS an Act was passed in the Fourth Year of the Reign of King William the Third and Queen Mary^ intituled An Act to prevent Abuses committed by the 4W.&M. Traders in Butter and Cheese : And whereas an Act was passed in «• 7. the Thirty-sixth Year of the Reign of King George the ThinJ, intituled An Act to prevent Abuses and Frauds in the packings 36G.3.C.86. Weighty and Sale of Butter ; and to repeal certain Acts relating thereto : And whereas an Act was passed in the Thirty -eighth Year of the Reign of King George the Third, intituled An Act for amend- S8G.3.c.73. ing and rendering more effectual an Act made in the Thirty-sixth Year of the Reign of His present Majesty^ intituled * An Act to * prevent Abuses and Frauds in the packings Weighty and Sale of * Butter; and to repeal certain Acts relating thereto ;' And whereas it is expedient that the herein-before recited Acts should be repealed, except as herein-after is expressed : Be it therefore enacted bv the Queen's most Excellent Majesty, by and with the Advice and "^Con- sent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, 5 S That t' ( : < 438 J'^&S^VICTORIiE, Cap.48. Recited Acts That the herein-before recited Acts shall be repealed, but not so as repea e . ^^ j.^^-^^ ^^^ ^^^ ^^ ^^^ ^^^ ^^ ^^ ^^^ repealed bj any of the Acts hereby repealed. Act may be II. And be it enacted, That this Act may be amended or repealed thirs^e^ssion. ^^ ^^ ^^^ *^ ^ ^^^^^ ^° *^^^ Session of Parliament. London : Printed by George E. Eyre and Andrew Spottiswoode, Printers to the Queen's most Excellent Majesty. 1844. 9 i> ... ,, '^mmrnm iriwAi V) o . S ...^^■ 'w (• 1.*"i \) it ({ (( t( <( (( ANNO UNDECIMO & DUODECIMO VICTORIA REGIN^. ******************^^5|f^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ CAP. LXIX. An Act to repeal so much of an Act of the Parlia- ment of Ireland of the Twenty-third and Twenty- fourth Years of King George the Third, " for the more eflFectually punishing such Persons as shall by Violence obstruct the Freedom of Corn Markets and the Corn Trade, and who shall be guilty of other Offences therein men- tioned, and for making Satisfaction to the Parties injured," as relates to the making of Satisfaction to the Parties injured ; and to substi- tute other Provisions in lieu thereof; and to repeal the Provisions of the Acts which give Remedies against any Hundreds or Baronies in Ireland in respect of Robbery. [31st August 1848.] WHEREAS by an Act passed in the Parliament of Ireland in the Session holden m the Twenty-third and Twenty- fourth Years of the Reign of His late Majesty King George the Third, intituled An Act for the more effecttmlly punishing 23 & »>4ti 3. such Persons as shall by Violence obstruct the Freedom of Corn (I.) ' 9 T Markets 'f T 810 11° & 12° VICTORIiE, Cap.69. Markets and the Corn Trade, or who shall be guilty of other Offences therein mentioned, and for making Satisfaction to the Parties injured, it is amongst other things enacted, that if any Persons, unlawfully, riotously, and tumultuously assembled together, shall at any Time after the passing of the said Act wilfully and maliciously pull down, demolish, set fire to, or destroy, or shall be^in to pull down, demolish, set fire to, or destroy, any Store-house, Mill, Granary, Corn-stack, or other Place where Com, Grain, Meal, Malt, Flour, or Potatoes are usually stored or kept for Exportation or Sale, or shall unlawfully enter or break into, or unlawfully attempt to enter or break into, any such Storehouse, Mill, Granary, or other Place, or take, carry away, throw abroad, or spoil, or attempt by Force to take, carry away, throw abroad, or spoil, any Cora, Meal, Malt, Flour, or Potatoes which shall be stored or kept therein, or shall unlawfully enter on board any Ship, Vessel, or Boat wherein any Corn, Grain, Meal, Malt, Flour, or Potatoes shall be laden, and wilfully take, carry away, cast over- board, destroy, or damage any of the said Articles laden therein, or wilfully cut, injure, spoil, or take away the said Ship, Vessel, or Boat, or the Rigging, Furniture, Tackle, or Rudder therof, or any Part of such Ship, Vessel, or Boat, Rigging, Furniture, or Tackle, or unlawfully, wilfully, and by Force obstruct or prevent, or endeavour to obstruct or prevent, the loading or carrying any of the said Articles on board any Ship, Vessel, or Boat, or shall unlawfully, wilfully, and by Force prevent or endeavour to prevent any Ship, Vessel, or Boat laden therewith, or in which any of said Articles shall be laden, from sailing, or shall unlawfully, wimiUy, and knowingly, and by Force stop, seize, detain, take, or drive away any Horse, Car, Cart, Carriage, or Boat laden with any of the said Articles on the Way to or from any Mill, Store, Granary, or Market, Sea-port or Place of Shipping, with a View or Intent to prevent the Corn, Grain, Meal, Malt, Flour, Bread, Biscuit, or Potatoes therein, or laden thereon, or any Part thereof, from being taken to the House, Vessel, Storehouse, Place, or Person to which it was intended to be carried, or shall wil- fully kill or maim any Horse or Horses or other Beast or Beasts laden therewith, or shall wilfully and forcibly cut or otherwise break or destroy any of the Sacks, or scatter or throw abroad any of the aforesaid Articles, wherewith such Car, Cart, Carriage, Horse, or Boat is or shall be laden, or take away or distribute, or compel the Owner, Driver, or Conductor thereof to distribute, sell, or otherwise dispose of any such Article wherewith such Car, Cart, Carriage, Boat, Horse, or other Beast is laden, or any Part thereof, or shall wilfully destroy any Weir, Sluice, Mill Dam, Drain, or Outwork belonging or apper- taining to any Mill, every such Person so offending in any of the said Matters, and all Persons unlawfully, riotously, or tumultuously assembled, who shall aid or assist in the Commitment or the attempting to commit any of the said Offences, being thereof lawfully convicted, shall be adjudged P^elons, and shall suffer such Punishment as in the said Act provided ; and that all Damages which shall be sustained by means of any of the Offences aforesaid, or by any Violence committed against or contrary to the said Act, shall and may be recovered by Action to be brought in any of His Majesty's Courts of Record in this Kingdom (wherein no Essoign, Protection, Wager of Law, or Imparlance shall be allowed) by the Person or Persons injured. % '- • N. -^ I J' ir & 12°VICT01lIiE, Cap.69. injured, his, her, or their Executors or Administrators, against the Chief or any other Magistrate of the County of the Town or City if the said Injury or Violence shall have been committed in the* County of a Town or City, or against any One or more of the Inhabitants of the Parish in any County if the said Injury or Violence shall have been committed in any Parish not being in a County of a Town or City ; and if on such Action Judgment shall be given for the Plaintiff or Plantiffs, the Damages recovered on such Judgment, together with the Costs, shall be levied as therein-afler directed, and paid to the Plaintiff or Plaintiffs, his, her, or their Execu- tors or Administrators : And whereas great Expenses are incurred in pro- ceeding by Action at Law in pursuance of the Provisions of the said recited Act, and it is expedient that such Damages should be recoverable by shorter, less expensive, and more summary Proceedings : Be it there- fore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Com- mons, in this present Parliament assembled, and by the Authority of the same, That from and after the passing of this Act so much of the said recited Act as provides that any Damages sustained by means of any of the Offences therein stated, or by any Violence committed against or contrary to the said recited Act, may be recovered by Action to be brought in any of Her Majesty's Courts of Record in Ireland, against the Chief or any other Magistrate of any County of a Town or City, or against any One or more of the Inhabitants of any Parish in any County, or as relates to the Proceedings in any such Action, or to the Recovery of such Damages, shall be and is hereby repealed, save and except as to any Action or Proceeding heretofore commenced for any such Damages sustained by any such Offence or Violence heretofore committed. II. And be it enacted. That all Damages which have heretofore been sustained, or shall at any Time after the passing of this Act be sustained, by any Person or Persons by means of any of such Offences against the said recited Act, or by any Violence committed against or contrary to the same, shall and may be recovered by like Applications and Proceedings, and by like Presentments of the Grand Jury of the County, County of a City, or County of a Town, in which any such Offence or Violence shall have been committed, and subject to like Traverses, and subject to like Provisions, and in like Manner in all respects as by an Act of the Sixth and Seventh Years of the Reign of His late Majesty King William the Fourth, intituled An Act to consolidate and amend the Laws relating to the Present- ment of public Money by Grand Juries in Ireland, or by an Act of the Seventh and Eighth Years of the Reign of Her present Majesty, intituled An Act to consolidate and amend the Laws for the Regu- lation of Grand Jury Presentments in the County o/" Dublin, respec- tively, is or are provided in relation to the Application for or Recovery of Compensation for Losses or Damages sustained by any Person or .Persons by means of the mischievously or wantonly setting fire to, burning, or destroying any House, Outhouse, or other Building, or any Haggard, Corn, Hay, Straw, or Turf, or the maliciously setting fire to, burning, or sinking any Boat or Barge laden with Corn or other Provi- sions, 811 So much of recited Act as relates to Proceedings in Actions and Reco- very of Damages repealed. Damages sustained br means of Offences against recited Act to be reco- vered by like Pro- ceedings as Damages are recovered under 6 & 7 W. 4. c. 1 16. and 7 & 8 Vict, c. 106. 812 ( I) Compensa- tion for Offences committed in the City of Dublin may be recovered under 1 & 5 Vict, c. 10. Actions commenced before passing of this Act for llecovery of Damages under first-recited Act may be discontinued, and such Da- mages may be recovered by Present- ment of Grand Jury. 11°& 12"VICTORIiE, Cap.69. sions, or the maliciously killing, maiming, houghing, or injuring any Horse, Mule, Ass, or Swine, or any Horned Cattle or Sheep, or the maliciously damaging, injuring, or destroying any Bank, Gate, Lock, Weir, Sluice, Bridge, Dam, or other Work belonging to any Person, public Canal or Navigation ; and the Provisions of the said Two last- mentioned Acts respectively shall be accordingly applied for the Recovery of Compensation for Damages sustained by means of any of such Offences as aforesaid against the said first-recited Act : Pro- vided always, that in the Case of any of such Offences committed in the County of the City of Dublin Compensation for Damages sus- tained by any Person or Persons by means thereof shall and may be recovered in like Manner in all respects as by an Act of the Fourth and Fifth Years of the Reign of Her present Majesty, intituled An Act for extending to the County of the City o/ Dublin the Provisions of an Act passed in the Nineteenth and Twentieth Years of His late Majesty King George the Third in Ireland, intituled *Aji Act to pre- ' vent the detestable Practices of houghing Cattle^ burning of Houses , * Barns, Haggards^ and Corn, and for other Purposes^' so far as relates to burning of Houses^ is provided in relation to the malicious burning of Houses, Barns, Haggards, Corn, or other Articles or Effects. HI. And be it enacted. That after the passing of this Act it shall be lawful for any Person or Persons against whom any Action shall have been commenced or prosecuted before the passing of this Act, and shall be now pending, for the Recovery of any Damages sustained by means of any Offence or Violence committed contrary to the said first-recited Act, or for the Plaintiff or Plaintiffs in any such Action, to apply at any Time before the Trial to the Court in which such Action shall have been commenced or prosecuted, or to any Judge of any of the Superior Courts at Dublin, for an Order that such Action shall be discontinued ; and every such Court or Judge, upon such Application, shall make such Order as aforesaid, and shall order the Costs of the Plaintiff to be taxed as between Party and Party, and upon the making of such Order such Action shall be forthwith stayed or discontinued ; and thereupon, after such Stay of Proceedings, it shall be lawful for the Person or Persons who shall have so commenced or prosecuted such Action, or his, her, or their Executors or Administrators, to proceed to recover such Damages, together with the Costs so taxed as aforesaid, and to obtain the same by Presentment of the Grand Jury, in the same Manner as in the immediately preceding Provision respectively directed: Provided always, that it shall not be necessary for such Person or Persons, or for any Person or Persons who has or have sustained any such Damages before the passing of this Act, to serve or post any Notice of his, her, or their Intention to apply for Compensation for any such Damages or Costs upon any Person or Persons, save that he, she, or they shall lodge with the Secretary of the respective Grand Jury, as Applications for Public Works are required to be lodged, an Appli- cation, setting forth the Loss or Damages sustained, and the Amount ^ thereof, and of such Costs so taxed aforesaid, and setting forth the Time and Place when and where such Injury was done, and the particular Property injured ; which Application shall be scheduled by the \ \> 11° & 12° VICTORIA, Cap.69. the secretary of the Grand Jury, and, subject as aforesaid, be dealt with, as near as may be, as other Applications for Compensation for Damages in other Cases. IV. And whereas by an Act passed in the Thirteenth Year of the Reign of King Edward the First, and by another Act passed in the Twenty-eighth Year of the Reign of King Edward the Third, Remedies are given against Hundreds and Franchises, in respect of Robberies committed therein : And whereas by another Act passed in the Parliament of Ireland in the Session holden in the Tenth and Eleventh Years of the Reign of King Charles the First, intituled An Act for the following of Hue and Cry, further Provision is made relating to the Recovery of Damages against the Hundred or Barony in respect of Robberies committed ; and it is expedient that so much of the said recited Acts as relates to Remedies against any Hundred, and to the Recovery of Damages against any Hundred or Barony or the Inhabitants thereof, in respect of any Robberies committed, should be repealed, so far as relates to Ireland ; be it therefore enacted. That from and after the passing of this Act so much of the said last-recited Acts as relates to any Remedies against any Hundred, or to the Recovery of Damages against any Hundred or Barony in Ireland, or the Inhabitants thereof, in respect of any Robbery, shall be and the same is hereby repealed, save and except as to any Action or Proceeding heretofore commenced in respect of the same ; and in the Case of any such Action or Proceeding hereto- fore commenced, the same shall and may be stayed and discontinued, in like Manner and subject to like Regulations as herein-before provided as to staying and discontinuing Proceedings, and after such Stay of Proceedings it shall be lawful for the Person or Persons who shall have so commenced or prosecuted such Action, or his or their Executors or Administrators, and it shall be lawful also for any Person or Persons wiio shall have heretofore sustained any such Damages by means of any Robbery, and for which he might now have any Remedy under the said recited Acts, and who shall not have commenced any Action or Proceeding therefor, before the passing of this Act, his, her, or their Executors and Administrators, (in either of such Cases,) to proceed to recover such Damages, and, in the Case of an Action being commenced, the taxed Costs as aforesaid, and to recover the same by Presentment of the Grand Jury, in the same Manner as in the immediately preceding Provisions respectively directed : Provided always, that it shall not be necessary for such Person or Persons to serve or post any Notice of his, her, or their Intention to apply for Compensation for any such Damages upon any Person or Persons, save that he, she, or they shall lodge with the Secretary of the respective Grand Jury, as Applications for Public Works are required to be lodged, an Application setting forth the Loss or Damages sustained, and the Amount thereof, and, in the Case of any Action commenced, the taxed Costs as aforesaid, and setting forth the Time and Place when and where such Robbery was committed, and the particular Property robbed, which Applica- tion shall be scheduled by the Secretary of the Grand Jury, and, subject as aforesaid, be dealt with, as near as may be, as other Appli- cations for Compensation for Damages in other Cases: Provided 9 U always, 813 So much of Acts J 3 Edwr. 1., 28 Edw. 3., and 10 & U Car. 1. as relates to Remedies against Hundreds or Baronies in Ireland repealed. Persons having sus- tained Da- mage, and for which he might have a Remedy under re- cited Acts, may, having commenced an Action, proceed to recover Damages and Costs under this Act. Damages to be levied off 1 814 the Barony, &c. where Robbery committed. Act to ex- tend only to Ireland. Act may be amended,&c. ir&I2°VICTORIiE, Cap.69. always, that such Damages shall be levied off the Barony, County of a City, or County of a Town, in which such Robbery shall have lien committed. y. And be it enacted, That this Act shall extend only to Ireland. ^ VI. And be it enacted. That this Act may be amended or repealed by any Act to be passed in this present Session of Parliament. London : Printed by George E. Eyre and William Spottiswoode, Printers to the Queen's most Excellent Majesty. 1848. \ • \ ' 4. * > ♦ i •v • JUL 2 7 1994 NEH COLUMBIA UNIVERSITY LIBRARIES 0041394194 X^ END OF TITLE