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VII
CHRONOLOGICAL TABLE,
FOR TUB PERIOD OOMPRISED IN THIS YOLUME.
4\ GeoL 3L r J
e.3L
Hwt of Snt iour
v«i;ii«.i ,1,1 i
ITiiraBaca Qcbt
- AunitT to sir Sidner Sniith -
9.
to.
II.
- Ti
- DntroA
SdbaTlMAd
la.
14.
I5l
1€L
17.
18.
15.
^
21.
. Rqi., Slat. Lav Rer. .\ct, \S7±
' Rep., Sial. Lav Rrr. Act, 1^70.
'l Rep., Sui. Lav Rer. Act, 1^72.
- Rep^49Ga>.a.ci20.a.1.
- Rc|i^7WilL4.&lViet.c32.s.L
- Rep., 2 & 3 Met. e. 23. •. G7.
- Rep., 43 Geo. 3. c. 161. s. ^.
- Rep., StU. I^v Rer. Act, IS6L
- Rep., Stit. Lnr Rer. Act, \i<7'2.
- Rep. —
as to eertaiii dImcs, 55 Geo. 3.
CL xeix. ft. I.
as to aU o&er pfaccs, 59 Geo. 3.
e. 36. ft. 1.
:!- B«P-
Iav Rer. Act, 1S72.
-I
of poor
^.
. Rep^6
- Bep.,
- Rep-in
i^2.
4. e. 106.
Lav Rer. .Act, 1>72.
Stat. Lav Rer. .\ct.
for in jmia to mOls,
of tibe raOs, IrriHMl
:}
4 Geo. 4. e. 61. ft. 25.
Stal. Lav Rer. Act, 1^72.
31.
3«.
37.
3B.
39.-
40.
4L
43.
e. 45l
e.46.
c- 47-
Rep., Scat. Lav Rer. Act, 1^72.
- Ikp., Scat. I^v Rer. Act, X^ei,
\ Rep., Scat. Lav Rer. Act, 1^-2.
Rep. m part —
1*^ 4t 1^ \ let. e. S'2. ft. 1.
Stat. Lav Utr. .%ct, 1^2,
.4ct, l9«l.
' ^ Rcpu, 5$cat. Lav Rer. .Act. 1^72.
- Rep., 5 Geo. 4. e. 96. ft. 1.
Lav Rer. .4ct, H72.
3- c. 161. i. •M.
I^av Rer. .4ct, H72.
r. Act. IWJL
Rep., 43
Rep., Scat.
- p^ Rep., ScaL Lav Eer. Act, 1^2,
1
4
6
!
THE STATUTES:
REVISED EDITION.
, VOL. IT.
il GEORGE m. (M.) TO 51 GEORGE HI.
A.D. 1801— 1811.
ve auitotii!!.
PBDJTED BY GEORGE
LONDON :
BDWAHD ETBE AKD WILUAH SPOITISWOODE,
I N
r
C 0 N T E N T S.
CHRONOLOGICAL TABLE, fob the period coHPstsKD in this
-V-OI.(JME ..--.--.-V
I'M K STATUTES (REVISED)
ArrENDIX - - 667
CHEONOLOGICAL TABLE,
FOB THE PERIOD COHPBISED IN THIS VOLUMK.
Til
CHRONOLOGICAL TABLE,
FOR TUB PERIOD COMPRISED IK THIS YOLUXE.
te tool €r partBl
41 GeoL 3L (U.K.)
cfi.
c- 7-
e, 9.
e.10.
c 11.
c 13.
c H.
c 15.
e. 16.
cl7.
e. 18.
cl9.
C.20.
C.21.
C.22.
c23.
c. 24.
c. 25.
c. 26.
c. 27.
cc. 28, 29.
c30.
c, 31.
C.32.
C.33.
c. 34.
C.35.
c. 36.
c. 37*
c. 38.
C.39.-
c. 40.
c. 41.
c. 42.
c. 43.
c. 44.
c. 45,
c 46.
c. 47.
Use of be floor
Natioini debt -
Unfanded debt
AnnnitT to air Sidner Smith
Mifitk^IiclMd
:}
TmzalioD
Doty on hones
TVxmtion
Motinj
SdeofhRAd -
R*p.,
Rep.,
Rep,,
Rep^
Rep.,
R^.,
Rep.,
Rep..
Rep.-
Boonties ...
Suupitaaion of rebellion, Ireland
Habeas corpus suspension, Irdand
Malting, &c. frun gram
Duties continuance
Marine matin j
Merchant shipping
Lnprorement of cQomioos
ExpMiation ...
Apprenticeship indentures
Collection of poor rates
-1
-!►
Stat. Law Rer. Act, 1872.
Stat. Lav Rrr. Act, 1870.
Stat. Law Rer. .\ct» 1872.
49 Geo. 3. c 120. s. 1.
7Will.4.&lVict,c32.s.l.
2 & 3 Vict, c 23. s. 67.
43 Geo. 3. c. 161. s. 84.
Stat. Law Rev. Act, 1861.
Stat Law Rnr. Act, 1872.
to certain places, 55 Cico. 3.
c xcix. s. I.
to all other places. 59 Geo. 3
c. 36. s. 1.
t
Rep., Stat. Law Rev. Act, 1872.
-I
-I
Compensation for injuries to mills, &c
Master of the rolls, Ireland
:}
:}
Habeas corpus suspensicm
Lotterf ...
Taxation ...
Seditious meetings prevention •
Steeping of barley > - _
Charse of certain permanent services
in ueland.
Taxation . . . .
Bounties . - •
Quartering of soldiers -
Exportation, &c.
Importation ...
Combinations of workmen
Forgery of bank notes -
Importation • .
Taxation
Militia pay, En^^and -
Taxation
Continuance of acts
Indemnity for certain acts
Taxation
Rep. in
4 Geo. 4. c. 61. s. 25.
Stat. Law Rev. .\cl, 18/2.
Rep., SUt. Law Rev. Act, 1872.
Rep., SUt. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Rq>. in part —
18 & 19 Vict. c. 82. s. 1.
Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1861.
Rep., SUt Law Rev. Act, 1872.
Rep., 5 Geo. 4. c. 96. s. 1.
Rep., Stat. Law Rev. Act, 1872.
Rep., 43 Geo. 3. c. 161. s. 84.
Rep., Stat. Jmw Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Rep., 6 Geo. 4. c. 105.
Rep., Stat. Law Rev. Act, 1872. .
Rep. in part, Stat. Law Rev. Act,
1872.
4
6
Vlll
CHRONOLOGICAL TABLE^^ontinued.
Year, statate and
chapter.
41 Geo. 3. (U.K.)
(cont.)
c. 48.
c. 49.
c. 60.
c. 51.
c. 52.
c. 53.
c. 54.
cc. 55, 56.
c. 57.
c. 58.
c. 59.
c. 60.
c. 6L
c. 62.
c. 63.
c. 64.
c. 65.
c. 66.
c. 67,
c. 68.
c. 69.
c. 70.
c. 71.
c. 72.
c. 73.
c. 74.
c. 75.
c. 76.
c. 77.
c. 78. -
c. 79.
c. 80.
cc. 81-83.
c. 84.
c. 85.
c. 86.
c. 87.
c. 88.
c. 89.
c. 90.
c. 91.
c. 92.
c. 93.
c. .94.
c. 95.
c. 96.
c. 97.
c. 98.
c. .99.
c. 100.
c. 101.
c. 102.
c. 103.
Sabject-matter,
Keaaon for total or partial
omission.
:}
Sale of wine, &c. ...
Indemnity, Ireland - - -
Foundling hoipital, Dublin
Taxation ....
Persons disabled &om sitting in House
of Commons.
Damaging of hides - -
Isle of Man trade - ' - - \
Militia allowances - - -J
Forgery of bank notes -
Stamps, Ireland - - - 'I
Annuities to lady Abercromby, &c. - /
Composition for a crown debt «
Suppression of rebellion, Ireland
Taxation ....
Persons in holy orders disabled from
sitting in House of Commons.
Debtors relief • . - .
National debt ...
Indemnity • -
Militia, Scotland - -
Importation, &c.
Taxation ....
Insolvent debtors relief
Taxation ....
Land tax redemption • . .
Certain parliamentary grants -
Taxation ....
Taxation ....
Letters of marque ...
Fish, Newfoundland, &c.
Expenses of special and high constables
Public notaries, England
Indemnity to printers of certain public
documents against penalties.
Loans or excheouer bills - • \
Appropriation, &c. - - -J
Payment of fines imposed by justices -
Stamps on duplicate probates and let-
ters of administration.
Customs ....
Lodgings of justices at assizes, Ireland
Customs ....
Recovery of crown debts, Sec, and e\d-
dence of acts of parliament between
Great Britain and Ireland.
Excise - - • -
Bounties ...
Importation - - -
Customs ...
Trade with America
Prize - . . -
Fisheries - . .
Militia pay, Ireland
Fish ....
Repeal of a certain tax -
Controverted elections -
Pluralities of livings -
Malta declared part of Europe -
_•^
:}
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Rep., 50 Geo. 3. c. cxdL
Rep., Stat. Law Rev. Act, 1872.
Rep. in part, Stat. Law Rev. Act,
1872.
Rep., 5 Geo. 4. c. 57.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1872.
Personal and spent.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1861.
Rep. in part, Stat. Law Rev. Act,
1872.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1861.
Rep., 43 Geo. 3. c. 161. s. 84.
Rep., Stat. Law Rev. Act, 1872.
Rep., 43 Geo. 3. c. 161. s. 84.
Rep., 42 Geo. 3. c. 116. s. 1.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1861.
Rep., 6 Geo. 4. c. 105.
Rep., 27 & 28 Vict. c. 23. s. 1.
Rep., Stat. Law Rev. Act, 1872.
.... •
Rep. in part, Stat. Law Rev. Act,
1872.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Rep. in part, Stat. Law Rev. Act,
1872.
Rep. in part, Stat. Law Rev. Act,
1861.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1861.
p. in
[872
Rep. in part, Stat. Law Rev. Act,
1872.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Rep., 27 & 28 Vict. c. 23. s. 1.'
Rep., 31 & 32 Vict. c. 45. s. 71.
Rep., Stat. Law Rev. Act, 1861.
Rep., 31 & 32 Vict. c. 46. s. 71.
Rep., Stat. Law Rev. Act, 1872.
Rep. in part, Stat. Law Rev. Act,
1872.
Page.
8
11
13 .
14
16
19
20
21
22
25
IX
CHRONOLOGICAL TABLEU^n^iMiiefl.
y Statute and
clmpter.
Subject-matter.
UeasoQ for toUU or (mrlinl
omission.
41 Geo. 3. (U.K.)
c. 104.
c. 106.
c, 106.
c. 107.
c. 108.
c. 109.
42 Geo. 3. (1801-2).
c. 1.
c2.
c. 3.
c. 4.
c. 5.
c 6.
c 7.
c. 8.
c. 9. - i
c. 10. -I
ell. .1
c. 12. - I
c. 13.
c 14. - i
cl5.
c 16.
c. 17.
c 18. . '
c 19.
c 20.
c2L
c22.
C.23.
c24.
c25.
c26.
C.27.
c28.
C.29.
c30.
e.31.
cas.
e.33.
c.3d.
c-36.
e-37.
e.».
e.39.
c40.
e.41.
c-li
c41
e.4».
e.4«.
Suppression of rebellion, Lreland
Oaths before Scotch and Irish judges
respecting petitions for bills referred
to them.
Imprisonment for debts contracted
abroad.
Copyright . - - -
New forest - - - -
Incloflure clauses consolidation
Rep., Stat. Law Rev. Act, 1H72.
Rep., Stat. Law Rev. Act, IH72,
lUp., 6 & 6 Vict. 0. 46. «. I.
Local.
Duties on malt, &c.
Duties on pensions, &c.
Fish -
Repeal of 41 6eo. 3. (G.B.) c. 17, &c.
Duty on worts, &c.
Lottery - - - -
Importation - - - -
National debt - - -
Loans or exchequer biUs
Prize - - - -
Correspondence with foreign parts
Militia quotas - - -
Corn, &c. - - -
Man ufiftcture of starch -
Diatillation from wheat, Ireland
Importation - .
Loans or exchequer bills
Southern whale fishery -
Westminster fish market
Duties on mm, &c.
Loans or exchequer bills
Greenland whale fisheries
Indemnity - . -
Duties on cinnamon, &c.
Mutiny - - .
Marine mutiny ...
Coontervaifing duties -
IVmsportation • - -
Fort MarlbovDogfa in India
Phxeedings against spiritual persons
Duties continuaoee
Gram of crown land at Plrmouth
National debt - - -
Duties on windows, (kc,
TVade in grain, tec.
Coilectfoa of rerenoes, Irdand •
Durles cxi 4CTTant&, Ike
Dmies on beer. 6tc.
Bepajrsent of ccrtaic loaa«
:}
mm
•:}
Rep., Stat. Law Rev. Act, 1H7L\
Rep., S\ & 32 Vict. c. 45. s. 71.
Rep., Stat. Law Rev. Act, 1H72.
Rep., Stat. Law Rev. Act, 1H7(),
Rep., 8tat. Law Rev. Act, IH72.
Rep., 42 Geo. 3. c.iHK §, 1.
Rep., Stat. Uw Rev. Act, 1H72.
Rep., Stat. Law Rev. Act, lKf>l.
Rep., Stat. Law Rev. Act, 1H72.
Rep., 6 Geo. 4. c. 105.
Rep., 31 & :i-2 Vict. c. 4f;. •. 71.
Rep., Stat. Law Rev. Act, lHf;|,
Rep., Stat. Ijhw lU-v. Act, IH?^,
Rep., 6 Geo. 4. c. 10.5.
Rep., ;i4 k :iO Vkt. c. 48.
Rep., Stat. Law Rev. Act, V^'A.
- y Rep., Stat. Law Rev. Act, IH72,
-i:
-I '
'J
t'U||t\
. r
I
I»cal. !
Rtji., Stat. Uw R^, AM, I "70. |
Rep,, Stat, \jkw \Orf. Ar-t, S^hS, •
Rep,, Stat. \mw Vbw. A/^, 1^7^^ i
Rep., .Stat. Uw Ifctv, A/^, J "'.I,
...^ Vf f
' > K/r;/., .rut. Uw R*v. A/;t, J "7^.
Iiii'fjcit tax r*:>*^ i^ -
Irvijs .-f mjr.rxiA St t/jr.!:.a^»; -
-- cr ta%i ptfzi^e::.^! -
• » .•-*"- A* t^ss
K;^;, , V*^ Uv K>rv ,^;*^ |</,|,
H^.., ,H**t Uw U^, \'^, K^ll.
fc^> .'. ;Art, V4(^. f>»ir K^. A/.-t,
.-/^
k^ , '^►A^ Uw k^^ M„ I VJ
iS^V , ^^, Uv fi>-r. A'^.. >7/
lh;
•jrJ
1/
CHRONOLOGICAL TABhE^continued.
Year, statute and
chapter.
Sabject-matter.
Reason for total or partial
omission.
42 Geo. 3. (coji/.)
c. 50.
c. 5L
c. 62.
c. 63.
c. 64.
c. 66.
c. 66.
c. 67.
c. 68.
c. 69.
c. 60.
c. 61.
c. 62.
c. 63.
cc. 64, 66.
c. 66.
c. 67.
c. 68.
c. 69.
c. 70.
c. 71.
c. 72.
c. 73.
c. 74.
c. 76.
c. 76.
C.77.
c. 78.
c. 79.
c. 80.
0.81.
c. 82.
c. 83.
c. 84.
c. 86.
c. 86.
c. 87.
0.88.
0.89.
c. 90.
Mutiny - , -
Marine mutiny
Post horse duties
Indemnity, Ireland
Lotteries - - -
Militia allowances
Stamp duties on medicines
National debt commissioners -
National debt - , -
Bounties ...
Drawbacks ...
Irish mariners, &c.
Oaths at parliamentary elections
:1
■1.
:}
Postage . - . -
Militia allowances . - .
Yeomanry and volunteers
Theft of turnips, &c. -
Yeomaniy, Ireland . . -
Exercise of trade by soldiers, &c.
Public accounts - - - 1
National debt - - - - j
f
Regiment of miners of Cornwall &J
Devon ...
1
Health of apprentices, &c. in factories -
:}
Loans for erection of workhouses
Linen manufacture, Ireland
Metropolitan police magistrates
Pacific ocean nsheries -
Hackney coaches. Metropolis -
British fisheries, &c. •
Goods in neutral ships
Post office - - -
Smuggling ....
Duties, &c. on coflPee, &c.
Controverted elections - • -
Trial of public officials for offences com-
mitted abroad.
Pluralities of livings, &c.
Sale of Parliament House, Dublin, to
Bank of Ireland.
Mutiny - - - .
Lands for ordnance service, Woolwich -
Militia, England (c(mt,, next page) -^
Rep., Stat. Law Rev. Act, 1872.
Rep. in part, Stat. Law Rev. Act,
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1870.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1861.
Rep.—
36 & 36 Vict. c. 53. s. 32.
(temp.).
Stat. Law Rev. Act, 1872.
Rep., 7 Will. 4. & 1 Vict. c. 32.
s. 1.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1861.
Rep. in part, Stat. Law Rev. Act,
1872.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1861.
Rep. in part —
61 Geo. 3. c. 114. s. 2.
Stat. Law Rev, Act, 1872.
Sect. 32. virt. rep. in part, 2 & 3
Vict. Q. 69. s. 1.
Rep. in part, Stat. Law Rev. Act,
1872.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1861.
Rep., 1 & 2 Will. 4. c. 22. s. 1.
Rep., 31 & 32 Vict. c. 46. s. 71.
Rep., Stat. Law Rev. Act, 1872.
Rep., 7 Will. 4. & 1 Vict. c. 32.
8. 1.
Rep., 6 Geo. 4. c. 106.
Rep., Stat. Law Rev. Act, 1872.
Rep., 9 Geo. 4. c. 22. s. 1.
Rep., Stat. Law Rev. Act, 1872.
Private.
Rep., Stat. Law Rev. Act, 1872.
Local.
Rep. in part —
61 Geo. 3. c. 118. s. 2.
6 & 6 Will. 4. c. 60. s. 1.
16 & 16 Vict. c. 60. s. 33.
16&17Vict.c.l33.8s.6,12.
17 & 18 Vict. c. 1(J6. 8S. 32, 48.
23 & 24 Vict. c. 120. s. 26.
Stat. Law Rev. Acts, 18/2,
1873.
Page.
61
67
68
61
70
74
78
XI
CHRONOLOGICAL TABLE— conHnued.
TeVy fttatote and
chapter.
42 Geo. 3. {cotU.)
c. 90.
c. 91.
Subject-matter.
ReaAOQ for total or partial
omission.
c. 92.
Aliens - - -
c. 93.
Excise - - .
c. 94.
Paper duties -
c. 95.
Customs
c96.
Excise -
c. 97.
Use of Clarke's hydrometer
c. 98.
Isle of Man trade
C.99.
Stamps
clOO.
Duties on horses, &c. -
c lOL
Postage
c. 102.
Tortola trade -
c. 103.
Repeal, &c. of certain duties
c. 104.
Lottery regulations
c 106.
Lord chancellor of Ireland
c. 106.
c. 107.
c. 108.
c. 109.
00.110,111.
c. 112.
c. 113.
c. 114.
c. 115.
c. 116.
c. 117.
c 118.
c. 119.
c. 120.
43 Geo. 3. (1802-3).
c. L
c,2.
c. 3.
c. 4.
c. 5.
c. 6.
c. 7.
c. S.
c. 9.
c. 10.
c. 11.
cc. 12, 13. -
c. 14.
Militia, England {eont,)
Militia, Scotland
Controverted elections -
Deer stealing, England
Quartering of soldiers •
Militia, Ireland
Loans or exchequer bills
National debt - . -
Annuity to lord Hutchinson, &c.
Southern whale fishery -
Marine mutiny
Redemption of the land tax
:}
.-<
;}
Import & export duties
Militia, Ireland . . .
Suppression of illegal games 8c lotteries
Approprintion . - -
Negotiation of notes 8t bills
MiStia, Ireland
Duties on malt, &c.
Duties on pensions, &c.
Loans or exchequer bills
Indemnity
Nav^, victualling & transport bills
Bakmg trade, Dublin . . .
Militia pay, Ireland . • •
Militia, England
Drawbacks & bounties - • -
Exportation, &e. . . .
Trade between Great Britain & Ire-
land - - - - -
:}
Sect. 172. virfc. rep. in part, 2 & 3
Vict. c. 59. s. 1.
Sect. 107. rep., 36 & 3? Vict. c.
68. s. 4.M
Rep. in part —
51 Geo. 3. c. 118.8.2.
Stat. Law Rev. Acts, 1872,
1873.
36 & 37 Vict, c 68. s. 4.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1861.
Rep., 2 & 3 Vict. c. 23. s. 67.
Rep., 6 Geo. 4. c. 105.
Rep., Stat. Law Rev. Act, 1872.
Rep. —
58 Gee. 3. c. 28. s. 1.
6 Geo. 4. c. 105.
Rep., Stat. Law Rev. Act, 1872.
Rep., 33 & 34 Vict. c. 99.
Rep., Stat. Law Rev. Act, 1872.
Rep., 7 WiU. 4. & 1 Vict. c. 32. s. 1.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Rep. in part, 7 & 8 Vict. c. 103.
s. 1.
Rep., Stat. Law Rev. Act, 1872
(temp.).
Rep., 7 & 8 Geo. 4. c. 27. b. 1.
Rep., Stat. Law Rev. Act, 1872.
Rep., 49 Geo. 3. c. 120. s.l.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Rep. in part, Stat. Law Rev. Act,
1872.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Rep. in part, Stat. Law Rev. Act.
1872.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Rep., 34 & 35 Vict. c. 48.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1872.
Page.
129
189
274
277
!• Sect. 107-, though repealed, is printed in the Volume, having been sent to press before the publication
of the repealing Act.|
Xll
CHRONOLOGICAL TABLE— con<i««erf.
Tear, statute and
chapter.
43 Geo. 3. (cont)
c. 15.
c. 16.
c. 17.
c. 18.
c. 19.
c. 20.
C.21.
C.22.
c. 23.
c. 24.
c. 25.
C.26.
C.27.
c. 28.
c. 29.
c. 30.
c. 31.
C.32.
c. 33.
c. 34.
c. 35.
c. 36.
c. 37.
c. 38.
c. 39.
c. 40.
C.41.
c. 42.
c. 43.
c. 44.
c. 45.
c. 46.
C.47.
c. 48.
c. 49.
c. 50.
G. 51.
c. 52.
c. 53.
c. 54.
c. 55.
c. 56.
c. 57.
c. 58.
c. 59.
c. 60.
c. 61.
Subject-matter.
Rea3on for total or partial
omission.
Page.
Transportation - • . •
Inquiry into certain firauds & abuses - \
Drawbacks - - - -J
Restrictions on cash payments -
Militia - - - - -
Mutiny - - . -
Stamps - . . .
Hat outies ....
Duties on game certificates
Duties continuance ...
Parliamentary elections, Ir^^d
Annuity to prince of Wales, &c.
Marine mutiny'
Postage ...
:}
Continuance of laws . . -
Roman catholics relief - - -
Woods & forests . - .
Greenland whale fishery
Militia, Ireland . . .
Actions against certain spiritual per-
sons.
Lands for ordnance service, Woolwich^
Loans or exchequer bills
Annuity to admiral Saumarez -
Militia, Great Britain • . -
Distribution of certain monies paid
under treaty - - . -
Loans to Grenada & St. Vincent
traders - - - -
Quartering of soldiers - . -
Duties, &c. on sugar, &c.
Collection of revenue, Ii^land -
Restrictions on cash payments -
Justices of the peace, Nottingham
•{
Prevention of vexatious arrests, relief
of persons imprisoned on mesne pro-
cess, &c.
Relief of families of militia men, Eng-
land.
East India company ...
Exportation . . . -
Militia, Gifeat Britain - - -
:}
Redemption of the land tax
Indemnity for preventing exportation
of gunpowder
Process, Ireland
Parochial schools, Scotland
Defence of the realm . - -
Passencer vessels ...
Trade during hostilities
Malicious shooting or stabbing
Repair of county bridges
Defects in certain exchequer bills
Relief of discharged soldiers & sailors,
&c., England.
Rep.^ 5 Geo. 4. c. 84. s. 29.
Rep., Stat. Law Rev. Act, 1872.
Rep., 59 Geo. 3. c. 49. s. 1.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Rep., 52 Geo. 3. c. 126. s. 1.
Rep., 51 Geo. 3. c. 60.
Rep., 52 Geo. 3. c. 126. s. 1.
Rep., Stat. Law Rev. Act, 1872.
Rep., 31 & 32 Vict. c. 73.
Rep., Stat. Law Rev. Act, 1872.
Rep., 7 Will. 4. & 1 Vict. c. 32.
s. 1.
Rep., 31 & 32 Vict, c. 45. s. 71.
Rep., 34 & 36 Vict. c. 48.
Rep., 46 Geo. 3. c. 142. s. 1.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Local.
Rep., Stat. Law Rev. Act, 1872.
Rep. in part, Stat. Law Rev. Act,
1872.
Residue local.
Rep. in part, Stat. Law Rev. Act,
Rep. in part, Stat. Law Rev. Act,
1872.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Rep. in part, Stat. Law Rev. Act,
1872.
Rep. in part, Stat. Law Rev. Act,
1872.
Rep., Stat. Law Rev. Act, 1872.
Rep., 35 & 36 Vict. c. 62. s. 78.
Rep., Stat. Law Rev. Act, 1872.
Rep., 4 Geo. 4. c. 84. s. 1.
Rep., Stat. Law Rev. Act, 1872.
Rep.—
9 Geo. 4. c, 31. s. 1. (England).
10 Geo. 4. c. 34. s. 1. (Ireland).
. . « <» «
lUp., Stat. Law Rev. Act» 1872.
277
2/9
286
291
295
298
xm
CHRONOLOGICAL TABLE— con/i«««rf.
Tear, statate and
Subject-matter.
Reason for total or partial
omission.
43 Geo. 3. (eont.)
c. 62.
.
Militia, Great Britain «
0.63.
-
East India company
c64.
-
Slupply of seamen
cc65.
66. -
Lands for ordnance service
c. 67.
.
National debt -
c 68.
•<ta
Customs - - .
c,69.
Excise • . -
c. 70.
.
Customs
c. 71.
•
Militia, Great Britain -
C.72.
-
Militia allowanpes
c. 73.
-
Stamp duties on medicines
c. 74.
-
Parliamentary elections.
c. 75.
c. 76.
C.77.
c. 78.
C.79.
c. 80.
c. 8L
c82.
c83.
c. 84.
c. 85.
c 86.
c 87.
c. 89.
c. 90.
c-91.
C.92.
c-93.
«^94.
e.95.
e.96.
c97.
c98.
c99.
100.
lOL
102.
103.
lOL
lOS.
:}
;}
Estates of lunatics .
Militia^ Ireland
Indemnity, Ireland
Trade between Great Britain & Ire-
land - - - - _
Casting away, &c. of vessels, &c., Ire-
land.
Highways, Scotland
Excise - - - -
Defence of the realm« England
Defence of the realmj Scotland
Benefices, England - . -
Defence of the realm, Ireland -
Unlawful combinations of workmen,
&c., Ireland.
Negotiation of notes & bills, Ireland -
Militia pay, Irdand . . .
Substitutes in militia^ Scotland
Southern whale fishery
Lotteries ...
Duties, &c., Ireland
Loans or exchequer bills
Militia pay. Grot Britain
Militia allowmnces
Defence of the realm, &c.
Collection of revenue, beland -
Collection of revenue, &c., Ireland
- I
- i
Rep., Stat. Law Rev. Act, 1872.
Local.
Rep., Stat. Law Rev. Act, 1870.
Rep., 6 Geo. 4. c. 106.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act. 1872.
Rep. in part, Stat. Law Rev. Act,
1872.
Rep.—
17 & 18 Vict. c. 102. B. 1.
(temp.)'
35 & 36 Vict. 0. 33. s. 32.
(temp.).
Rep., 11 Geo. 4. & 1 WiU. 4.
0. 65. B. 1.
Rep., Stat. Law Rev. Act, 1872.
Rep., 9 Geo. 4. a 53. s. 1 .
Rep., Stat. Law Rev. Act, 1872.
Rep., 57 Geo. 3. o. 99. s. I.
Rep., Stat. Law Rev. Act, 1872.
Rep. in part —
6 Geo. 4. c. 129. s. 2.
9 Geo. 4. c. 53. 8. 1.
Stat. Law Rev. Act, 1872.
Rep., 45 Geo. 3. c. 41. s. 1.
Rep., Stat. Law Rev. Act, 187:^,
Rep. in part, Stat. Law Rev. Act,
1872.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1861. j
Rep., Stat. Law Rev. Act, 1872. I
and crilcction of taxes, i
BaDotted men in
of Gfcat Britain
DcfaseecRftiie realm, London -
— 4
of wine
to
& St. \'inceiit I
Rep., 4G Geo. 3. c. iHK s. I .
Rep., Stat. Lew Rev. Act, 1872. I
Rep., Stat. Law Rev. Act, 1861. I
Rep, in part^
6 & 7 Vict. c. 24. s. 3. '
Stat. Law Rev. Act, 187;^. i
Rq>. in part, 66 Geo. 3. e. 61 s. 1 .!
Rep,, 46 Geo. 3. e. 144, s. L
Rep. in part —
II <( 12 Vict, e. 54. s. 1.
Stat. Law Bew. Act, 1872.
Residue local.
Bep., ikat. Law Rev, A/4, H7^ i
vh^
21)9
tun
:m
:m
X^i
XVI
CHRONOLOGICAL TABLE^-^^onHnued.
Tear, statute and
chapter.
44 Geo. 3. (cont.)
c. 68.
c. 69.
c. 60.
c. 61.
c. 62.
c. 63.
c. 64.
c. 65.
c. 66.
c. 67.
c. 68.
c. 69.
c. 70.
c. 71.
c. 72.
c. 73:
c. 74.
c. 76.
c. 76.
C.77.
c. 78.
c. 79.
c. 80.
c. 81.
c. 82. •
c. 83.
c, 84.
c. 85.
c. 86.
c. 87.
c. 88.
c. 89.
c. 90.
c. 91.
c. 92.
c. 93.
c. 94.
c. 95.
c. 96.
c. 97.
c. 98.
c. 99.
c. 100.
Sutject-matter.
Beason for total or partial
omission.
c. 101.
c. 102.
Public accounts - - -
Certificates of attorneys, &c. -
Parliamentary elections, Aylesbury
Sessions house, Westminster, &c. - -I
Caledonian canal
•{
:}
Archbishop's palace, Dublin -^
Prosecutions, &o. relating to the
woollen manufacture
Exportation & importation
Defence of the reaJm, &c.
Customs & excise
Stamps, Irdand
Linen manufacture, Ireland
Exportation • - -
Counterfeit dollars and tokens -
East India prize goods -
Exchequer bills
Defence of the realm, &c.
Enlistment of foreigners - - 1
Annuity to family of lord Kilwarden - j
Confirmation of marriages solenmized
in certain churches.
Ordnance buildings, Weedon. -
Land, &c. for docks and ordnance
service.
Civil list - -
Loans or exchequer bills .*
Accountant general's oflBlce, court
Chancery . - •
Income tax . - -
Postage - - -
.1
Import duty -
British fisheries ...
Disputes between masters & workmen,
England.
Hackney coaches - - -
Importation, &c. - - - 1
Peace preservation, Ireland - - /
Issue, &c. of certain promissory notes,
Ireland.
Apprehension of offenders - -"I
Lotteries • - - -J
Yeomanry, Great Britain
Defence of the realm - - -
Defence of the realm, London -
Treasury bills, Ireland -
Stamp autiea on and licences to deal in
medicines.
National debt - - - -
London docks -
Exportation , - -
Habeas corpus ad testificandum
-<
Eep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Rep., 35 & 36 Vict. c. 33. s. 32.
(temp.).
Rep. in part, 46 Geo. 3. o. 89, b. 2.
Resiclue local.
Rep. in part, 11 & 12 Vict. c. 54.
8. 1.
Residue local.
Local.
Rep., Stat. Law Rev. Act, 1872.
Rep., 46 Geo. 3. c. 51. s. 1.
Rep., Stat. Law Rev. Act, 1872.
Rep., 46 Geo. 3. c. 64. s. 1.
Rep., 6 Geo. 4. c. 122. s. 1.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Rep., 46 Geo. 3. c. 63. s. 1.
Rep., Stat. Law Rev. Act, 1872.
Local and spent.
Local.
Rep., Stat. Law Rev. Act, 1872.
Rep., 7 Will. 4. & 1 Vict. c. 32.
. s. 1.
Rep., Stat. Law Rev. Act, 1872.
Rep., 31 & 32 Vict. c. 45. s. 71.
Rep., 5 Geo. 4. c. 96. s. 1.
Rep., 1 & 2 WiU. 4. c. 22. s. 1.
Rep., Stat. Law Rev. Act, 1872.
Rep., 45 Geo. 3. c. 41. s. 1.
Rep., Stat. Law Rev. Act, 1872.
Rep., 5 & 6 Vict. c. 94. 8. 1.
Rep., 46 Geo. 3. c. 144. s. 1.
Rep., Stat. Law Rev. Act, 1872.
Rep. in part —
52 Geo. 3. c. 150. s. 1.
Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1870.
Rep. in part 46. Geo. 3. c. lix. ss.
6, 11. (which is rep., 9 Geo. 4.
c. cxvi. 8. 1. without a saving).
Residue local.
Rep., 3 Geo. 4. c. 44. s. 1.
Rep. in part, Stat. Law Rev. Act,
1^61.
Pftg«.
393
395
395
400
xvii
CHRONOLOGICAL TABLE-^ii/tf»ir^<f.
nd
Subject-matter.
Rcftaon for total or partial
omissioD.
44 Geo. 3. (eomi.)
e. 103.
c, 104. - ;
e. 106.
c. 106. - :
c. 107. - :
c. 108.
e. 109. . I
c. 110.
45 Geo. 3. (1805.)
c. 1.
c. 2. - '
c. 3. - ;
c- 4.
c. 5.
c. 6.
c. 7.
c. 8.
c-9.
c. 10.
c. IL
I
c. )2. - I
c. 13. '
c. 14.
c. 15. - '
c. 16.
c. 17. - '
c. 18.
c. 19.
c. 20.
C.21.
c. 22.
C.23.
C.24.
c25.
C.26.
c. 27.
c. 28. - ;
c. 29.
c. 30. - I
C.31.
c. 32. - :
c. 33.
c. 34. - i
C.35.
C.36.
c. 37. - :
C.38. - I
C.39.
c. 40. 4
C.41.
C.42.
c. 43.
oc. 44, 45.
C.46.
C.47.
c. 48.
c. 49.
VOL. IV.
I
Customs & excise, Ireland
Bondii^ of spirits, Ireland, &c.
Collection of revenue, Ireland -
Inquiry into public offices, Ireland
PurcbiiiBe for ordnance service -
Insolvent debtors relief
ImpcMtai^n & exportation
Appropriation - . -
Malt duties ...
Duties on pensions, &c.
Insolvent debtors lelief
Habeas corpus suspension, Ireland
Taxation ...
Indemnity
Loans or exchequer bills
National debt ...
Greenland whale fishery
Quarantine ...
Postage ...
National debt ...
Assessed taxes ...
Salt duties ...
Income tax ...
Mutiny ...
Marine mutiny
Customs . - -
Excise & taxes, Ireland
Stamps, Ireland
Postage ...
Rep., Stat. Law Rev. Act, 1872.
Local and spent.
Rep., Stat. Law Rev. Act, 1872.
! Rep., 1 & 2 Geo. 4. c. SJ. s. 1.
Rep., Stat. Law Rev. Act, 1872.
-1
-1
:)
:J
Duties on malt, &c. ' -
Drawbacks, &c., Ireland
Bounties & drawbacks -
Negotiation of notes & bills
Importation, exportation, &c. -
Exchequer bills
Duties on legacies charged on real estate
:}
Customs . . -
Excise . - . -
MiUtia, Great Britain -
Foreign ships, &c. ...
Exportation^ & importation
Importation ....
Trnty of commerce, &c., with America
Forces of East India company -
Quartering of soldiers ...
Irish militia - * - -^
Spirits - . . . .
National debt . . . .
Promissory notes, &c., Ireland -
Counterfeiting of bank of Ireland
silver tokens, &c.
Highways, Ireland . . .
Customs ...
Inquiry into naval departments
Inquiry into military departments
Land tax ...
Income tax ...
;}
Rep., Stat. Law Rev. Act, 1872.
Rep., 34 & 35 Vict. c. 48.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1870.
Rep., 6 Geo. 4. c. 105.
Rep., SUt. Law Rev. Act, 1872.
Rep., 7 Will. 4. & 1 Vict. c. 32.
8. 1.
Rep., Stat. Law Rev. Act, 1870.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Rep., 46 Geo. 3. c. 64. s. 1.
Rep., 7 Will. 4. & I Vict. c. 32.
s. 1.
Rep., Stat. Law Rev. Act, 1872.
Rep. in part, Stat. Law Rev. Act,
1872.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Rep., 59 Geo. 3. c. 107. s. 1.
Rep., Stat. Law Rev. Act, 1870.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1861.
Rep., SUt. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Rep., 46 Geo. 3. c. 65. s. 2.
Page.
400
xvai
CHRONOLOGICAL TABLE-^-eontinued.
Year, statute and
chapter.
Subject-matter.
1
45 Geo. 3. (cont.)
c. 50.
Sale of spirituous liquors - '
c. 51.
Stamps, Ireland
c. 52.
Dealers in exciseable articles -
c. 53.
Collection of malt duties^ &c. -
c. 64.
Poor
c. 55.
Audit of public accounts
c. 56.
Post horse duties . - -
c. 57.
. Inrmortation & exportation
Office of paymaster-general - -"]
c. 58.
c. 59.
Parliamentary elections, Ireland
cc. 60, 61. -
Militia allowances ...
c. 62.
Militia pay. Great Britain - - I
Militia pay, Ireland . . -
c. 63.
c. 64.
Harbours, Ireland - - -
c. 65.
Inquiry into public offices, Ireland
c. 66.
Preservation of timber trees, &c.
c. 67.
Duties on Spanish red wine
c. 68.
Sailcloth manufacture, &c. - - 1
c. 69.
Estates held for the barrack 8er\'^ice - ^
Inquiiy into public expenditure - J
c. 70.
c. 71.
Assessment and collection of taxes
. c. 72.
Manning of the navy ...
c. 73.
National debt - - - -
c. 74.
Lotteries - - - -
c. 76. .
Offices in the court of chancery
c. 76.
Civil list, Ireland - - -
c. 77.
Redemption of the land tax
c. 78.
Indemnity for advance to Boyd, Ben-l
field, and Co. - - -
c. 79.
Inquiry into losses during the rebel- >
lion in Ireland . . -
c. 80.
Continuance of laws - - -J
c. 8L
Coasting trade ....
c. 82.
Duty on woollen goods - - 1
c. 83.
Prosecutions, Sec, under acts relating >
to the woollen manufacture - - J
c. 84.
Queen Anne's bounty - - -
c. 85.
Crinan canal ....
c. 86.
Importation & exportation
c. 87.
Bonded warehouses ...
c. 88.
Customs - . . -
c. 89.
Forgery of deeds, bank notes, &c.
c. 90.
Militia .....
C.91.
Auditing of public accounts
c. 92.
Writs of subpoena in criminal cases
c. 93.
Drawbacks & bounties ...
c. 94.
Duty on hops - - - .
c. 95.
Assessment and collection of taxes.
Scotland.
c. 96.
Southern whale fishery . '-
c. 97.
Indemnity for certain orders of council
c. 98.
Drawback on linens . . -
c. 99.
Smuggling, &c. ...
c. 100.
Distillation of spirits ...
c. 101.
Purchase of advowsons by colleges
c. 102.
Pilchard fisheiy ...
c. 103.
Customs ....
Reason for total or partial
omission.
Page.
Rep.—
in part, 55 Geo. 3. c. 19. s. 3.
residue, 58 Geo. 3. c. 57. s. 1 .
Rep., 46 Geo. 3. c. 64. s. 1.
Rep., 47 Geo. 3. Seas. 1 . c. 35. s. 1 .
Rep., Stat. Law Rev. Act, 1861.
Rep., 4 & 5 Will. 4. c. 76. a. 50.
Rep., 29 & 30 Vict. c. 39. s. 46.
Rep., Stat. Law Rev. Act, 1872.
Rep., 3 Geo. 4. c. 44. s. 1.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Rep. in part, Stat. Law Rev. Act,
1872.
Rep., 27 & 28 Vict. c. 23. s. 1.
Rep., Stat. Law Rev. Act, 1870.
Rep., Stat. Law Rev. Act, 18/2.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Rep. in part, Stat. Law Rev. Act,
1872.
Rep., Stat. Law Rev. Act, 1872.
Rep., 5 & 6 Will. 4. c. 19. s. 1.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1872.
Rep., 1 &2 Geo. 4. c. 87. s. 1.
Rep., 4 Geo. 4. c, 24. s. 1.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1861.
Rep. in part, Stat. Law Rev. Act,
1872.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Rep. in part, Stat. Law Rev. AM,
1872.
Rep., 6 Geo. 4. c. 105.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat Law Rev. Act, 1861.
Rep., 6 Geo. 4. c. 105.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Rep., 31 &32Vict. c. 45. s. 71.
Rep., Stat. Law Rev. Act, 1861.
402
403
405
407
411
412
xix
CHRONOLOGICAL TAnLK-^continued.
Year, statate and
chapter.
45 Geo. 3. (ami.)
c.
104.
c.
105.
c.
106.
c.
107.
c.
108.
c.
10J>.
c.
110.
c.
111.
c. 11£.
c. 113.
c. 114.
c. 115.
c. 116,
c. 117.
cc. 118-120.
c. 121.
c. 122.
c. 123.
c. 124.
c. 125.
c. 126.
c. 127.
c. 128.
c. 129.
46 Geo. 3. (1806).
c. 1.
c. 2.
c. 3.
c. 4.
c. 5.
c. 6.
c. 7.
c. 8.
C.9.
c. 10.
c. 11.
c. 12.
c. 13.
c. 14.
r. 15.
e. 16.
c. 17.
c. 18.
c. 19.
cc. 20, 21.
c. 22.
C.23.
C.24.
cc. 25, 26.
C.27.
C.28.
C.29.
Subject-matter.
Duties on spirituous liquors, Ireland -
Assessed taxes . - - -
Duties on paper - . -
Duty on Spanish red wines - - 1
Customs and excise, Ireland - - j
Military survey of Ireland
Income tax - - - -
County infirmaries, Ireland
Inquiry into the manafj^ement of paving
of streets, &c., Dublin.
Harbour of Howth - - - \
Harbour of Leith - - - J
Purchase for houses of parliament - 1
Grant of certain crown lands -
Proceedings against Luke Fox, esq. - 1
Loans or exchequer bills, &c. - - J
SmHggling - - ■ "\
Duties on glass - - - /
Annuity to duke of Atholl & heirs of
seventh earl of Derby.
Members of parliament - -^
Proceedings against viscount Melville I
Indemnity to persons giving evidence |
against viscount Melville - - J
British museum
--<
Bringing of coals, 8cc. to London, &c. -
Appropriation - - - -
Auditor of the exchequer
Duties on malt
Duties on pensions, &c.
Annuity to lady Nelson
Annuity to sir K. Strachan
Loans or exchequer bills - •
Indemnity - - -
Marine mutiny
Greenland whale fishery
Drawbacks upon sugar
Exportation - - -
Duties and drawbacks, Ireland
Annuity to lord Collingwood, &c.
Drawbacks, Ireland - - -
Mutiny - - - -
Treaty of commerce, &c. with America
Exportation - - « -
Prosecutions, &c. relating to the
woollen manufacture
Militia pay. Great Britain
Militia allowances
Militia pay, Ireland
Enlistment of foreigners
Payment of creditors, Scotland
Loans or exchequer bills
Bonding of spirits
Transportation, &c.
Continuance of laws -
.■V
;1
- >
Beasou for total or partial
omission.
Rep., Stat. Law Rev. Act, 1872.
Rep., 47 Geo. 3. sess. 1 . c. 21 . s. 1 .
Rep., 5 Geo. 4. c. 55. s. 1.
Rep., Stat. Law Rev. Act, 1872.
Rep., 33 & 34 Vict. c. 13. s. 4.
Rep., Stat. Law Rev. Act, 1872.
Rej). in part —
58 Geo. 3. c. 47. s. 4.
Stat. Law Rev. Act, 1872.
Rep., 47 Geo. 3. sess. 2. c. cix. s. 1.
Rep., Stat. Law Rev. Act, 1872.
Rep. in part, 46 Geo. 3. c. 89. s. 2.
Residue local.
Private.
Rep., Stat. Law Rev. Act, 1872.
Rep., 6 Geo. 4. c. 105.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Acfc, 1872.
Rep. in part, Stat. Law Rev. Act,
1872.
Residue reserved for supple-
mental volume.
Rep., 6 Geo. 4. c. 105.
Rep., Stat. Law Rev. Act, 1872.
Rep., 4 & 5 Will. 4. c. 15. s. 36.
Rep., Stat. Law Rev. Act, 1872.
Rep., 34 & 35 Vict. c. 48.
Rep., Stat. Law Rev. Act, 1872.
Rep., 6 Geo. 4. c. 105.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Page.
413
_/
b 2
XX
CHRONOLOGICAL TABhE-^continued,
Year, statute and
chapter.
46 Geo. 3. (cont,)
c. 30.
e. 31 .
c. 32.
c. 33.
c. 34.
c. 35.
c. 36.
c. 37.
c. 38.
c. 39.
c. 40.
c. 41.
c. 42.
c. 43.
c. 44.
c. 46.
c. 46.
c. 47.
c. 48.
c. 49.
c. 50.
c. 51.
C.62.
c. 63.
c. 64.
c. 66.
c. 66.
c. 67.
c. 58.
c. 59.
c. 60.
c. 61.
c. 62.
c. 63.
c. 64.
c. 66.
c. 66.
c. 67.
c. 68.
c. 69.
c. 70.
c. 71.
c. 72.
c. 73.
c. 74.
c. 76.
c. 76.
c. 77.
c. 78. •
c. 79.
c. 80.
c. 81.
c. 82.
c. 83.
c. 84.
c. 85.
c. 86.
c. 87.
c. 88.
Subject-matter.
Reason for total or partial
omission.
:}
Cape of Good Hope trade
Irish militia . . .
Treasury bills, Ireland -
National debt ...
British fisheries - - >
Stamps, Ireland
Duty on houses
Witnesses refusing to answer -
Customs & excise
Excise - • -
Annuity to admiral Duckworth
Loans or exchequer bills
Duties on certain goods
Licences to appraisers -
Consolidated fiind
Treasurer of the ordnance
Treasury hills, Ireland -
Nationid debt - . .
Mutiny - . -
Salaries of judges, Scotland
Extension of lord St. Vincent's annuity
Defence of the realm -
Slave trade . - -
Importation, &c.
Trial of ofiPences committed at sea
National debt ...
Duties on spirits, Ireland
Malt duties, &c.
Customs and excise, Ireland .
Packing of butter, Ireland
Small livings, Ireland -
Postage - - -
:}
:}
:}
Duties & drawbacks, Ireland -
Defence of the realm, Ireland -
Stamps, Ireland
Income tax ...
Mutiny - - _
Malt and spirit duties, Ireland -
Dublin paving, &c. inquiry commission
Pensions to soldiers ...
Spirit, 8cc, licences, Ireland
Encouragement of mining, Ireland
Tortola trade - - .
Postage ....
Impoiitation . . . .
Excise ....
Receiver general of stamps
Discovery of longitude at sea, &c.
Assessed taxes ....
Annui^ to duke of Grafton
Expenditure of public money in the*
West Indies ....
Thread lace manufacture, England .
Fees, port of London, &c.
Post office ....
Taxation . - . .
East India company ...
Vesting of Norwich castle and gaol in
justices of Norfolk, &c.
Customs, Ireland . . .
Duties on spirits, Ireland, &c. .
:}
Page.
Rep., Stat. Law Rev. Act, 1872.
R«p., Stat. Law Rev. Act, 1870.
Rep., 31 & 32 Vict. c. 46. s. 71.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.'
Rep. in part, 33 & 34 Vict. c. 99.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1870.
Rep., Stat. Law Rev. Act, 18/2.
Personal.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1870.
Rep., Stat. Law Rev. Act, 18/2.
Rep., 53 Geo. 3. c. 74. s. 1.
Rep., Stat. Law Rev. Act, 1872.
Rep., 52 Geo. 3. c. 134. s. 1.
Rep., 3 & 4 Will. 4. c. 37. s. 1.
Rep., 7 Will. 4. & 1 Vict. c. 32.
s. 1.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Rep., 47 Geo. 3. sess. 2. c. cix. s. 1.
Rep., 7 Geo. 4. c. 16. s. 1.
Rep., 47 Geo. 3. sess. 2. c. 12. s. 1.
Rep., 3 Geo. 4. c. 44. s. 1.
Rep., 7 Will. 4. & 1 Vict. c. 32. s. 1.
Rep., 6 Geo. 4. c. 105.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1861.
Personal.
Rep., Stat. Law Rev. Act, 1872.
Rep., 6 Geo. 4. c. 105.
Rep., 7 Will. 4. & 1 Vict. c. 32.
s. I.
Rep., 66 Geo. 3. c. 66. s. 11.
Rep., Stat. Law Rev. Act, 1872.
Local.
Rep., Stat. Law Rev. Act, 1861.
Rep., 1 & 2 Will. 4. c. 66. s. 54.
414
414
416
416
^ixi
CHRONOLOGICAL TABLE— continued.
, statute and
cbaptcr.
4o fjoo.
1. 3. (cob/,
C.89.
e. 90.
C.91.
c92.
C.93.
C.94.
c. 95.
c. 96.
C.97.
c. 98.
C.99.
c. 100.
c. lOL
c. 102.
c. 103.
c. 104.
c-105.
c. 106.
cl07.
c. 108.
c. 109-
c. 110.
c. in.
c. 112.
c. 113.
c. 114.
c. 115.
cll6.
c. 117.
c. 118.
c. 119.
cl20.
c. 121.
c. 122.
C.123.
c. 124.
c. 125.
c. 126.
C.127.
c. 128.
C.129.
C.130.
c. 131.
c. 132.
c-133.
C.134.
C.135.
)
Snbject-matter.
Reason for total or partial
omission.
Page.
I
I
- i Pnichaae for houses of pariiament, &c. ! Local.
- Appointment of depu^ lieutenants of ; Rep. in part, Stat. Law Rev. Act,
counties as vice lieutenants, &c. 18/2.
- I Militia j Rep., Stat. Law Rev. Act, 1872.
■ Postage - . - - ! Rep., 7 WilL 4. & 1 Vict. c. 32.
8. 1.
Exchequer bills - - O '
Duties of prisage and builerage, Ire-
land X Rep., Stat. Law Rer. Act, 1872.
Hospitals and infirmaries, Ireland
tfignways. Irdand
Free interchange of grain between Great I Rep., Stat. Law Rer. Act, 1861.
Britain & Ii^and. '
Qoaxantine, Great Britain - - j Rep., Stat. Law Rev. Act, 1872. 1
Bounty on exportation - - i Rep., 50 Geo. 3. c. 40. s. 1.
ChS^G^^S. : : :}|Rep..lOG«..4.c.26.s.l.
Duties on stills, &c., Scotland - - ! Rep., Slat. Law Rev. Act, 1861.
Importation .... Rep., Stat. Law Rev. Act, 1872.
Bringing of ooals to' London & West- • Rep.^ 6 Geo. 4. c. 105.
minster.
Fortificatioas, Portsmouth and Dover - ; Local.
ChaUenge of jurors in excise trials. Rep. in part, Stat. Law Rev. Act, i
I
. J
Ireland.
Land tax, &c. -
Insolvent debtors rehef
Bounty on sugar, &c. -
Boun^ on silk mannfikctures
1872.
Neutral sh^is -
- I
ion -
Drawback
Exportation •> . .
Exportation ...
Importabon ...
Purchase <rf quays in port of London - j Local
'I' Ri^., Stat. Law Rev. Act, 1872.
y. Rep., Stat. Law Rev. Act, 1861.
- \ ! Rep., Stat Law Rev. Act, 1872.
~ V Rep., Stat. Law Rev. Act, 1861.
- '• Rep., 6 Geo. 4. c. 105.
Rep., Stat Law Rev. Act, 1872.
I
- , Slave trade
- , Duties, bounties, &c., Ireland -
- , ImportatiiMi ...
- , Education, Ireland
Sale of crown icnts, Irdand
- I Iiish militia . . .
Yeomamy and volunteen
- Quartering of soldiefs -
- Navy . . . .
„ I
m
Cfaanoenr oonrt
Dod^ &e. at Chatham, &c.
Ccoipoaition fcr a crown ddit -
Cape Rock lighthouse, Scotland
Land tax redemption -
Highways, Ireland
Bankrupts ...
I
^^ Rep., Stat. Law Rev. Act, 1872.
I
- I Rep., 3 Geo. 4. c. 63. s. 1.
- : Rep., Stat Law Rev. Act, 1861.
' I > Rep., Stat. Law Rev. Act, 1872.
- ! Rep., 11 Geo. 4. & 1 WiU. 4.
' c. 20. 8. 1.
- ; Rep., Stat. Law Rev. Act, 1861.
- \ Rep., 32 & 33 Vict c. 91. s. 34.
- ' Local and spent.
- I Personal.
. : Rep., 17 & 18 Vict. c. 120. s. 4.
* I ' Rep., Stat. Law Rev. Act, 1872.
c. 136. - I Stage ooadies, kc.
c. 137. - t Bonding warehouses -
ce. 138, 139. ! Excise -
c 140. . j Fqr of militia h yeomanry
c. 141. -. Awlit of public aeooonts
6 Geo. 4. c. 16. ss. 1,135.
(Engbnd).
6&yWilL4.e.l4.ss.l, 161.
(Irebnd).
Rep., 50 Geo. 3. c. 48. s. 1.
Rep., 6 Geo. 4.«e. 105.
Bq>., Stat. Law Rev. Act, 1872.
Rep., 29 & 30 Vici. e. 39. : 46.
418
419
419
ixii
CHRONOLOGICAL TABLE^continued.
Year, statute and
chapter.
46 Geo. 3. (cont)
c. 142.
c. 143.
c. 144.
c. 145.
c. 146.
c. 147.
c. 148.
c. 149.
c. 150.
c. 151.
c. 152.
c. 153.
c. 154.
c. 155.
c. 156.
c. 157.
c. 158.
47 Geo. 3. Sess. 1.
(1806-7.)
c. 1.
C.2.
c. 3.
c. 4.
c. 5.
c. 6.
c. 7.
c. 8.
c. 9.
c. 10.
c. 11.
c. 12.
c. 13.
c. 14.
c. 15.
c. 16.
c. 17.
c. 18.
c. 19.
c. 20.
C.21.
C.22.
c. 23.
C.24.
CO. 25, 26.
Subject-matter.
Woods and forests
Windsor forest -
-{
Defence of the realm, London - -1
Annuities to members of the royal >
family - - - -J
Annuity to lord Nelson, &c.
Annuity to lord Rodney
Recovery, &c. of penalties under lottery
laws.
Appropriation - - - -
Customs - - - -
Crown lands - - - -
Actions, &c. for buying oak bark, &c. -
Erection of piers in harbours, &c.
Court of exchequer, Scotland -
Canals, &c., Scotland -
British fisheries
Estates of Grenada and St. Vincent J
traders - - - -]
Estates of Grenada and St. Vincent
traders.
:}
Controverted elections -
Loans or exchequer bills
Duties on malt -
Duties on pensions, &c.
Indemnity
Irish militia
:}
Interchange of grain between Great
Britain and Ireland.
Arms & gunpowder, Ireland -
Exportation ...
Treasury bills, Ireland -
Cape of Good Hope trade
Customs, Ireland . . .
Accounts, &c. of barrack master general
}
Controverted elections, Ireland
Army & navy - . -
Sale of crown rents, &c., Ireland
Auction duties, Ireland
Excise duties & taxes, Ireland -
Drawbacks, Ireland
Drawbacks ...
Assessed taxes, Ireland
Bounties on sugar
South Sea company
Importation ...
Importation ...
r
I
1
Reason for total or partial
omission.
Rep., Stat. Law Rev. Act, 1861.
Rep. in part, 47 Geo. 3. sess. 2.
c. 46, s. 1.
Residue local.
Rep., Stat. Law Rev. Act, 18/2.
Personal.
Rep., Stat. Law Rev. Act, 1872.
Rep. in part, Stat. Law Rev. Act,
Rep., Stat. Law Rev. Act, 1872.
Rep., 6 Geo. 4. c. 105.
Rep., Stat. J^w Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872.
Rep., Stat. Law Rev. Act, 1872.
' Rep. in part, 48 Geo. 3. c. 135.
s. 1.
Residue personal.
Personal.
:}
Rep., 9 Geo. 4. c. 22. s. 1.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., 34 & 35 Vict. c. 48.
Rep., Stat. Law Jlev. Act, 1872
(No. 2).
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law R«v. Act, 1872
(No. 2).
Rep., 6 Geo. 4. c. 105.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., Stat. Law Rev. Aot, 1861.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep. in part —
9 Geo. 4. c. 22. s. 1.
7&aVict. c. 103. s. 1.
Rep., Stat. Law Rev. Act, 1872
(No. 2) (temp.).
Rep., Stat. Law Rev. Act, 1872
(So. 2).
Rep., 3 Geo. 4. c. 63. s, 1.
Rep., 54 Geo. 3. c. 82. s. 3.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., 56 Gieo. 3. c. 57. s. 1.
Rep., 6 €reo. 4. c. 105.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., 6 Geo. 4. c. 105.
I?a2e.
420
421
xxili
CHRONOLOGICAL TARLE^-conttnued.
, statute and
cliapter.
Subject-matter.
I Reason for total or partial
omission.
Page.
47 G«o. 3. Seas, I.
c. 27.
c. 28.
c. 29.
c. 30.
c. SL
c. 32.
c 33.
c. 34,
c. 35.
C.36.
c. 37.
c. 38.
c. 39.
C.40.
c4L
c. 42.
c. 43.
c. 44.
c. 45.
c. 46.
c47.
c. 48.
c. 49.
c. 50.
c. 51.
c. 52.
c. 53.
c. 54.
c. 55.
c. 56.
47 Geo. 3. Ses8. 2.
(1807.)
c. L
c. 2.
c. 3.
c. 4.
c. 5.
oc. 6, 7'"
c. 8.
c. 9.
c. 10.
c. 11.
c. 12.
c. 13.
c. 14.
cl5.
c. 16.
c. 17.
:}
Excise - - - -
Nationftl debt ...
Bounties, Great Britain
Exportation ....
Importation, Ireland ...
Mutiny- . . - -
Marine mutiny ...
Bringing of coals, &c. to London and
Westminster - - -
Excise, Ireland -
Abolition of slave trade
Depredations on the Thames . -
Paper duties, Ireland -
Annuity to branches of royal family
Duties, &c. on malt, &c., Ireland
Inquiry into fees, &c. in public offices, '
Iiieland ....
Lighting, &c. of cities & towns,
Ireland . . - -
Servants wages, Ireland
Hospitals, Ireland
CoUieries, Ireland, &c. -
National debt - . -
Prise - - - -
Bonding of coffee, &c. -
Exportation
Stiunps, Ireland ...
Customs - - - -
Greenwich hospital ...
Regrating and mgrossing of joaken bark 1
Quartering of souliers - - - J
Charge of loan . . . -
Treasurer to the navy - - -
Importation and exportation, Ireland O
IVeaty of commerce, &c. with America I
Indemnity in respect of a certain order >>
in council . . - -
Annuity to migor-generaLsir J. Stuart
Kiknainham hospital pensions -
Loans or exchequer bills
Recoveries in copyhold or customary
courts.
Lotteries ....
:}
:}
Export of salted beef, &c., Ireland
Assessed taxes, &c., Ireland
Sale of liquors by retail, Ireland
:}
Insurrection & disturbances, Ireland -
Excise & stamps, Irdand
Duty on and assay of plate wrought in
Ireland.
Importation & exportation, Ireland
Duties on spirits, Ireland
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., Stat. Law Rev. Act, 1870.
Rep., Stat. Law Rev. Act, 1872
(No.^2).
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872 I
(No. 2).
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., SUt. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., 6 iGeo. 4. c. 129. s. 2.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., Stat. Law Rev. Act, 1870.
Rep., Stat. Law Rev. Act, 1861.
Rep., 6 Geo. 4. c. 105.
Rep., Stat. Law Rev. Act, 1861.
Rep., 6 Geo. 4. c. 105.
Rep., 10 Geo. 4. c. 26. s. 1.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., Stat. Law Rev. Act, 1861 .
Rep., 11 Geo. 4. & 1. WiU. 4.
c. 42. 8. 1.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., 7 Geo. 4. c. 16. s. 1.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., 11 Geo. 4. & 1. Will. 4.
c. 65. 8. 1.
Rq)., Stat. Law Rev. Act, 1872
(No. 2).
Rep., Stat. Law Rev. Act, 186L
Rep.—
in part, 55 Geo. 3. c. 19. s. 3.
residue, 58 Geo. 3. c. 57. s. 1.
Rep., 50 Geo. 3. c. 78.
Rep., Stat. Law Rev. Act, 1861.
Rep. in part, Stat. Law Rer. Act,
1872 (No. 2).
Rep., Stat. Law Rev. Act, 1861.
Rep., 1&2WU1.4.0. 55.8.54.
422
XXIV
CHRONOLOGICAL TABLE— conHnued.
Year, statute and j
chapter. i
Subject-matter.
Reason for total or partial
omission.
47 Geo. 3. Sess. 2.
(cont.)
c. 18.
c. 19.
c. 20.
c. 21.
c. 22.
c. 23.
c. 24.
c. 25.
c. 26.
c. 27.
c. 28.
c. 29.
c. 30.
cc. 31, 32. -
c. 33.
c. 'M.
c. 36.
c. 36.
c. 37.
c. 38.
c. 39.
c. 40.
c. 41.
c. 42.
c. 43.
c. 44.
c. 45.
c. 46.
c. 47.
c. 48.
c. 49.
c. 50.
c. 51.
c. 52.
c. 53.
c. 54.
c. 55.
c. 56.
c. 57.
C.58.
C.59.
c. 60.
c. 61.
c. 62.
c. 63.
c. 64.
c. 65.
c. 66.
c, 67. - I
Countervailing duties, Ireland -
Rectifjring of spirits, Ireland -
Commissioners of the treasury -
Annuities, Ireland
Fisheries, Ireland
Grant for glebe housed, Ireland
Crown lands, escheats -
:}
:}
Payment of half pay and pensions^ &c.
of officers in the army, and their
widows, &c.
Militia pay^ &c., Ireland
Importation . . -
Exchequer bills
Militia pay. Great Britain
Excise, &c.. Great Britain
Militia allowances
Inquiry into military departments
Importation & exportation
Inaemnitr - - -
British Museum
:}
:}
Excise - - - " "1
Trade between North American colonies V
and United States - - - J
Public accountants^ &c.
Practice in court of chancery -
Borrowing by East India company -
Police magistrates, metropolis -
Prosecutions, &c. relating to thel
woollen manufiuHiire- - ->
Sierra Leone company - - - J
Grant of Froginore, &c.
Windsor forest boundary commbsion -
Duties on calicoes, &c. - - -
Customs and excise, Ireland -
Drawback - - . .
County infirmaries, Ireland -
British fisheries ...
Duty on coffee, &c. warehoused
Post office . . . -
Possession of arms, Ireland
Militia, Ireland ...
Militia, Ireland ...
Militia, Great Britain - - -
Exportation, Ireland ...
Post office - - - -
Purchase of quays in port of London -
Customs ....
Drawbacks ....
Excise duties & drawbacks
Bounty on British calicoes
Auction duty ....
Spiuggling - - - .
Importation . . . -
Rep., Stat. Law Rev. Act, 1872
(No. 2). •
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
R^p., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., 6 Geo. 4. c. 105.
R«p., Stat. Law Rev. Act, 1872
(No. 2).
Rep., Stat. Law Rev. Act, 1S61.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., Stat. Law Rev. Act, 1861.
Rep., 34 & 35 Vict. c. 48.
Reserved for supplemental
volume.
Rep., Stat. Law Rev. Act, 1872
(No. 2.)
Rep., 29 & 30 Vict. c. 39. s. 46.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., Stat. Law Rev. Act, 1873.
Rep., 51 Geo.3. c. 119. s. 1.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Private and spent.
Rep., Stat. Law Rev. Act, 1872
^o. 2).
Rep., 31 & 32 Vict. c. 45. s. 71.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., Stat. Law Rev. Act, 1861.
Rep., 6 & 7 Vict. c. 74. s. 61.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., 6 Geo. 4. c. 105.
Rep., 7 Will. 4. & 1 Vict. c. 32. s. 1
Local and spent.
Rep., 6 Geo. 4. c. 105.
Rep., Stat. Law Rev. Act, 1872
ft^o. 2).
Rep., Stat. Law Rev. Act, 1861.
Rep., 6 Geo. 4. c. 105.
Rep., Stat. Law Rev. Act, 1861.
Rep., 6 Geo. 4. c. 105.
Rep., 31 & 32 Viot. c. 45. b. 7L
Page.
428
431
CHRONOLOGICAL TABhE^-^omtinued.
47 Geo. 3.
{€omi.)
c. 69.
c-JO.
c. 71.
C.72.
c. 73.
c. 7^
c. 75-
c. 76.
c- 77-
c. 7^-
Resaon for total or partial
2.
-I
I
Kfltahhfflimntit of public btnks in India • Rep. in paii, Stai. Law Rev. Ad,
1872 (Xo.
Diacfajfge from » oown debt -
Sbomcliffe militaiy canal, &c. -
Militia, Great Britain -
Tieasnry biDs, Ireland -
Loans or exdieqncr bills
Dcbtaoftiaden
:}
Appropffiation ...
Agreement for exchange of certain
crovn lanos ...
Lord PDwaaeaait's mansion, Dnbbn
":}!
Peraonal.
Local.
Rep.,56Geo.3. c. 64. 5. 1.
Rep.. Stat. Urn Rev. Act, 1872
(No. 2).
Rep., 11 Geo. 4 k \ Win.4.c.47.
s. 1.
Rep., 48 Geo. 3. c. 5.
Rq)., Stat. Lav Rer. Act, 1872
(Xo. 2}.
433
4AGeo. 3. f !?«*«.
c-1.
C.2.
c. 3-
e. 4.
c. o.
c. 6-
c- 7.
c-8.
c. 9.
c. to.
c. 11.
c- 12.
c 13.
c. 14.
cl5.
ce. 16, 17.
c. 18.
c. 19.
c. 2D.
e.21.
e.2>.
cr.23,24.
C.2S.
c. 26.
e.27.
C.28.
cl29.
e.30.
C.31.
€- 37-
c. 40.
C.4L
lane & payment of exdMiner biUs - Rep., 29 & 30 Vict. c. 25. t. 1.
Duties on BBah, «cc. - Rep., Slat. Law Rer. Act, 1861.
Advanee from bank of En^and - Rep., Stat Law Rer. Act, 1870.
AdraBDC of aportion of nndaimed diri- Rep., 24 & 25 Vict, c 3. s. 1.
Stat. Law Rer. Act, 1872
- 'Heai^ of eommaee, &c. with Ameiiea
- Excinqner bills
Tnaimii of the naiy -
: 1 • Rep., Stal
!j. (>'o.2|
Dirtinatinn of ipints, Scotland
Rep.,llGeo.4&l WilL4.c.42. .
S.L
Rep., StaL Law Rer. Act, 1861. .
Rep., Stat. Law Rer. Act. 18/2 .
(Xo. 2). \
'^ Rep., 6 Geo. 4. c 105.
Rep.. Scat. Law
1^ ^N'o.2.
Indies^.
-1
Rer. Act, 1^72
f
Rep., 6 Geo. 4. c 105.
Sep.,
•'No ^,
•V£k f
Act, 1^72
Rep., Stat. Law Rer. Act, 1^1
Rep., 4 Geo. 4. e. 24. s, L
' ' Rep., Stat. Law Rer, Act, IS*7:£ [
: " So, 2.. I
Aet,1870.
Stat. Law Rer. Ak, 1^2
\j^. 2.
34 & 35 Vict e 48.
Siat. Law Rer, Act, IfAL \
Re^., 56 Gea. 3. e, 57. i. L >
Rep., Stat. Lmm Icr, A«t, lfff2
'So. 2.
ixVi
CHRONOLOGICAL TABLE^conCinued.
Year, statute and
chapter.
48 Geo. 3. (cont.)
c. 44.
c. 45.
c. 46.
c. 47.
e. 48.
c. 49.
c. 50.
cc. 51, 52.
cc. 53, 54.
c. 55.
cc. 56, 57.
c. 58.
c. 59.
c. 60.
c. 6L
c. 62.
c. 63.
<j. 64.
c. 65.
c. 66,
c. 67.
c. 68.
c. a9.
0. 70.
c. 7L
c. 72.
c, 73.
c. 74.
c. 75.
c. 76.
c. 77.
c. 78.
c. 79.
c. 80.
c. 8L
c. 82.
c. 83.
c. 84.
c. 85.
c. 86.
c. 87.
0.88.
c. 89.
c. 90.
Subject-matter.
lleason for total or partial
omission.
Exportation - - - -
Militia pay, Ireland - - - 1
Militia pay, Great Britain - -J
Limitation of suits for land by the
crown, &c. ; relief of rectors, &c.
from arrears of rents due to crown,
&c., Ireland.
Enlargement of post office, Dublin
Accounts ofpaymaster general -
Grants of offices in reversion, &c.
Militia allowances ...
Exchequer bills - . -
Allowances to collectors of assessed taxes ;
rules for charging house tax, &c.
Customs ....
Bail on indictments in King's bench ;
assignment of bail in the king's suit
to the king, &c.
Annuity to duchess of Brunswick'
Wolfenbuttel
Tanners, curriers, shoemakers, &c.
Inquiry into military departments
Customs & excise, Ireland
Duties on auctions, Ireland
Militia, Ireland ...
Church building, &c., Ireland -
Benefices, Ireland ...
Customs ....
Bounty on pilchards ...
Exportation ....
British ships captured by the enemy -
Amendment of cc. 26, 28, of this session
Forest of Dean & New Forest -
Crown lands . - -
Malt duties - - .
Burial of dead bodies cast on shore
National debt ...
Londonderry school
Malt, &c. duties, Ireland
Malt duties, Ireland
Customs, Ireland, &c. -
Duties on spirits, Ireland
Excise, Ireland
National debt ...
Smuggling, &c.
Trade with America
■■}
British fisheries ...
Hackney coach fares ...
Restraint on negotiation of promissory
notes, &c. under 20s,
Accounts of expenditure in barrack
office.
Postage - - . - .
Rep., 6 Geo. 4. c. 105.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Local.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep. in part, Stat. I^w Rev. Act,
1872 (No. 2).
Rep., Stat: Law Rev. Act, 1861.
Rep. in part, Stat. Law Rev. Act,
1872 (No. 2).
Rep., Stat. Law Rev. Act, 187*2
(No. 2).
Rep., Stat. Law Rev. Act, 1861.
Rep., 54 Geo. 3. c. 82. s. 3.
Rep., Stat. Law Rev. Act, 1861.
Rep., 3 & 4 Will. 4. c. 37. s. 1.
Rep., 5 Geo. 4. c. 91. s. I.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep.,'Stat. Law Rev. Act, 1861.
Rep.,' Stat. Law Rev. Act, 1872
(No. 2).
Rep., 4 Geo. 4. c. 41. s. 1.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Local.
Rep. in part, 55 Geo. 3. c. 190. s. 1.
Rep.> except as to duchy of Lan-
caster, 10 Geo. 4. c. 50. s. 1.
So far as unrepealed, private.
Rep., Stat. Law Rev. Act, 1861.
Rep. in part, Stat. Law Rev.* Act,
1872 (No. 2).
Rep., Stat. Law Rev. Act, 1870.
Private.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., 1 & 2 Will. 4. c^ 55. s. 54.
Rep., 59 Geo. 3. c, 107. s. 1.
Rep., Stat. Law Rev. Act, 1870.
Rep., 6 Geo. 4. c. 105.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., 31 & 32 Vict. c. 45. s. 71.
Rep., 1 & 2 Will. 4. c. 22. s. 1.
Rep. in part, Stat. Law Rev. Act,
1872 (No. 2).
Rfep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., 7 Will. 4. & 1 Vict. c. 32.
8. 1.
Page.
435
438
444
446
449
xxvii
CHRONOLOGICAL TABLEr^co?i(imi€d,
Yecr, statate and
chapter.
« G€0. 3. (comt.)
C.91.
C.92.
c. 93.
c. 94.
c, 95.
C.96.
c.97.
c. 98.
c.99.
clOO.
c, 101.
c. 102.
C.103.
c. 104.
c. 105.
C.106.
c. 107,
cl08.
c. 109.
c. 110.
clll.
cll2.
c. 113.
c. 114.
cll5.
c. 116.
c. 117.
c. 118.
c. 119.
cc. 120, 121.
c. 122.
c. 123.
c. 124.
c. 125.
c. 126.
c. 127.
c. 128.
c. 129.
c. 130.
c. 131.
c. 132.
Subject-matter.
:}
Accounts of public expenditure in West
Indies.
Charfires of management of stock re-
deemed.
Killing of game by gamekeepers
Shooting hares, Scotland
Bringing of coals to London, &c.
Lunatic paupers or criminals -
Exchequer bills
Post horse duties
Prize goods - - -
Prize - - - - -
Exercising ground, Chatham -
Land tax ....
Enlargement of capital of bank of Ire-
land.
Pilots & pilotage ...
Cape of Good Hope trade
Continuation of acts expiring before
passing of continuance act.
Defence of the realm - - -
Compensation to certain patentee offi-
cers, Ireland.
Trade with South America
British white herring fishery -
Local militia, England
Treasury bills, Ireland ...
Sale of old court houses, &c., Ireland -
Exchequer bills - * - - 1
Duties on spirits . - - j
Postage ....
Duties upon silks ...
Distillation of spirits . - .
.■\
Duties on spirits
Duties on spirits and coffee
Property occupied for the barrack
service, &c. - - -
Discharge of certain imprisoned debtors
Southern whale fisheries
Importation - . . .
Removal of goods for exportation, &c. -
Confirmation of marriages solemnized
in certain churches.
Settlement of regimental accounts, Sec.
Larceny ....
Frauds by boatmen within the cinque
ports, &c.
Actions, &c. relating to the woollen
manufecture.
Reprisals against foreign ships^ &c.
Reason for total or partial
omission.
Page.
Rep., Stat. Law Rev. Act, 18()1.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., 1 & 2 Will. 4. c. 32. s. 1.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., 6 Geo. 4. c. 106.
Rep., 9 Geo. 4. c. AO, s. 1.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., Stat. Law Rev. Act, 1861.
Rep., 27 & 28 Vict. c. 23. s. 1.
Local.
Rep., Stat. Law Rev. Act, 1872.
(No. 2).
Rep. in part, Stat. Law Rev. Act,
1872 (No. 2).
Rep., 52 Geo. 3. c. 39. s. 1.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., 6 Geo. 4. c. 105,
Rep. in part —
65 Geo. 3. c. 94. s. 21.
31&32 Vict. C.45. s. 71.
Stat. Law Rev. Act, 1872
(No. 2).
Rep., 52 Geo. 3. c. 38. s. 1.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep.. Stat. Law Rev. Act, 1872
(No. 2).
Rep., 7 Will. 4. & 1 Vict. c. 32.
s. 1.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
■
Rep., Stat. Law Rev. Act, 1861.
Rep., 32 & 33 Vict. c. 83. s. 20.
Rep., 6 Geo. 4. c. 106.
Rep., 3 Geo. 4. c. 44. s. 1.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep. in part, Stat. Law Rev. Act,
1872 (No. 2).
Rep., Stat. Law Rev. Act, 1861.
Rep., 17 & 18 Vict. c. 120. s. 4.
Rep;, Stat. Law Rev. Act, 1872
(No. 2).
Rep., 27 & 28 Vict. c. 23. s. 1.
453
456
457
472
473
475
• *4
XXVIU
CHRONOLOGICAL TABLE— eonrtnaerf.
Year, statute and
chapter.
Subject-matter.
48 Geo. 3. (cont,)
c. 133.
C.134.
c. 135.
c. 136.
c. 137.
c. 138.
c. 139.
c. 140.
c. 141.
c. 142.
c. 143.
c. 144.
c. 146.
c. 146.
c. 147.
c. 148.
c. 149.
0. 150.
c. 161.
c. 152.
49 Geo. 3. (1809)
c. 1.
cc. 2, 3.
c. 4.
c. 5.
c. 6.
c. 7.
c. 8.
c. 9.
c. 10.
c.U.
c. 12.
c. 13.
C.14.
c. 15.
c. 16.
c. 17.
c. 18.
c. 19.
c. 20.
C.21.
First meetings of commissioners to
execute certain acts -
Hops - - - -
Estates .of Grenada and St. Vincent
traders.
Militia of Tower Hamlets
:}
Purchase for houses of pailiament, &c.
Commissionera of teinas, and augmen-
tation of parochial stipends, Scot-
land.
liOtteries . - - -
Administration of justice, and preven-
tion of felonies m Dublin police dis-
trict.
Assessment and eollection of taxes
Granting of life annuities by national
debt conmiissionerB.
Duties on certain licences
Oyster fisheries, England
Pensions and salaries of judges, Scot-
land.
Public buildings, Scotland
Sale of the Danish prize ship Con-
stantia Maria . . -
Appropriation ....
Stamp duties on probates, inventories,
&c.
Local militia, Scotland
Procedure, in court of session, and ap-
peals to House of Lords, Scotland.
Duties on wort or wash
Duties on malt, &c.
Exchequer bills
Militia^ Great Britain -
Militia, Ireland
Relief of prisoners for debt
Distillation of spirits -
Importation . . -
Importation ...
Bounties on sugar
Bounties, &c. on sugar-
Mutiny -
Forgery of bank of Ireland
&c.
Concealment of birth, Scotland
Indemnity ...
Importation - - -
Cape of Good Hope trade
Importation, &c.
Marine mutiny
Silk manufactures
National debt - . «
:}
:}
notes.
Reason for total or partial
omission.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Personal.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Local.
Rep. in part, Stat. Law Rev. Act,
1872 (No. 2).
Rep., Stat. Law Rev. Act, 1872
(No, 2).
Rep. in part —
5 Geo. 4. c. 102. ss. 15, 20.
Stat. Law Rev. Acts, 1872
(No. 2), 1873.
Rep. in part, Stat. Law Rev. Act,
1372 (No. 2).
Rep. in part, Stat. Law Rev. Act,
1872 (No. 2).
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., Stat. Law Rev. Act, 1873.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep. in part —
33 & 34 Vict. c. 99.
Stat. Uw Rev. Act, 1872
(No. 2).
Rep., 52 Geo. 3. c. 68. s. 1.
Rep. in part, Stat. Law Rev. Act,
1872 (No. 2).
9ep., Stat. Law Rev. Act, 1872
(No. 2). .
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., Stai. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872
O^o. 2).
Rep., 24 & 25 Vict. c. 95. s. 1.
Rep., 34 & 35 Vict. c. 48.
Rep., 3 Geo. 4. c. 119. s. 7.
Rep., 6 Geo. 4. c. 105.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rq)., Stat. Law Rev. Act, 1870.
476
479
488
502
504
506
511
514
xxix
CHRONOLOGICAL TABLE— <?o«/t««ec/.
Ttv, ilatBte and
cha|i<er.
G«o. 3. (con/.)
C.22.
C.23.
c24.
ce. 25, 26.
c27.
c28.
c29.
C.30.
C.31.
c.a2.
c33.
c3l.
C.35.
c 36.
c37.
C.38.
e.39.
c40.
c41.
c42.
c43.
c-M.
c4S.
c46u
C.47-
e-49.
c53.
c-»#
Sabject-mattef.
Reason for total or partial
omission.
Page.
:}
: Importation, &c.
{ Exportation ...
DifftiUation of spirits -
Importation . - -
Annexation of Labrador to Newfound-
land.
AitomejB . . -
Flax seed, Ireland
Exportation ...
Exportation ...
Duty on pensions and offices of profit -
Excise, Ireland -
Prize - - - -
Pensions of naral oflBoers' widows
Poblic infirmaries, Ireland
:};
Rep., 3 Geo. 4. c. 44. s. 1.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep. in part, Stat. Law Rev. Act,
1872 (No. 2).
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep. in part, Stat. Law Rev. Act,
1872 (No. 2).
Qnartcring of soldiers -
Payment Si creditors, Scotland
Fottifioations, Portsmooth and Dover '
Local militia, England
Re-eaptnred Britiab-builft ships
Regoklion of pablic reooids, Scotland
Avenge price of brown sogar -
Exemption from
list of the navj, &e.
Europe & British
Tiade between
North
Local —"ft?*,
nadeof Nov*
SciiitMj ice.
the fees Mudicd
ke^ m IielaiKl
hiBs
. r
-/
Rep., Stat. Law Rev. Act, 1861.
Rep,, 10 Geo. 4. c. 14. s. 1. |
Rep., except as to county of city I
of Dubbn, Stat. Law Rev. Act, '
1872 (No. 2).
So far as unrepealed, locaL
Rep., Stat. Law Rev. Act, 1872
(No. 2j.
Local.
Rep., 52 Geo, 3. c. 38. s, 1,
Rep., 4 Geo. 4. c. 41, s. 1.
Rep, in part, Stat, I^w Rev. Act,
1872 (No. 2;.
Rep,, Stat. Law Rev. Act, 1872
( No. 2>.
Rep., Stat. Law Rev. Ad, 1)^1,
Rep., II Geo. 4. k I WiO. 4.
c. 20. s. 1.
Rep., Stat. Um Rcr, Act, 1872
I No. 2).
Rcp.,51Gco.3,e.!^, s. I.
Rcp.,52Geo.3.e. 6». «. I. I
Rcp^ Scat. Um Rev. Act, 1^72
I No, 2».
Rep., 6k7 Will. 4, e. 76. t. .12.
Rep^ Staf Law Rev. Aet, 1^*72
No. 2,.
Rep., 56 Geo. 3, e, (M, a. 1.
Eep., .Hiat. Law Rev. Act, l^J
'No. 2..
Rep., Stac Lmt Rev. Aet, m61.
Rep , Stat. Law Rev, Aet, 1^2
' No, 'J;
Rep , U k 19 Viet, ^ 4$ • L
Rep , 6 iittf,, i e Ki^/,
Rep., fUM ijtmr Rev A^, 1<JU
■ So J,,
//,
Rep < f % / Vyt f ii, • tf^i
Rep . ftU^ i/bmr R^ /^^ ji^f^j
Rep %m fjifw lUir A^. |>/,f
Rep fttat $/m U^ Aet, 1^7^
I
515
516
519
X2CX11
CHBONOLOGICAL TABLE ^continued.
Year, statute and
chapter.
Subject-matter.
Reason for total or partial
omission.
50 Geo. 3. {cont.)
c. 32.
0.33.
c. 34.
c. 36.
c. 36.
c. 37.
0.38.
0. 39.
0.40.
0.41.
c. 42.
0. 43.
0.44.
0. 45.
0. 46.
0.47.
0.48.
0.49.
0. 60.
0. 61.
0. 62.
0.53.
o. 64.
0. 56.
0. 56.
0. 67.
0.58.
0.59.
0.60.
0. 61.
0.62.
0.63.
0. 64.
0. 65.
0. 66.
0. 67-
0.68.
CO. 69, 70.
c. 71.
0.72.
0.73.
0.74.
0.75.
0. 76.
0.77.
0. 78.
Stage coaches, &c., Ireland - - |
Grants of land for endowment of schools,
Ireland.
Exportation - - - -
Stamps- - , - -
National debt - - -
Annuity to duke of Brunswick Wolfen-
buttel.
Bonded warehouses, Ireland -
Repayment of duty in certain oases
Bounty on exportation . - .
Hawkers' licences - - -
Customs - - - -
Highland roads & bridges, Scotland -
Excise officers - - - -
National debt - * • -
Consumption of malt liquors, Ireland -
Insolvent debtors, Ireland
Stage coaches, &c., Great Britain
Accounts of churchwardens and over-
seers of the poor. ^
Relief of the poor - - ** — -
;}
Bastards . - _
Poor - - - -
Frauds on exportation -
British fisheries _ . _
Importation . . . -
Duty on pensions and offices of profit -
Flax, &o. manufturturea^ Great Britain -
Redemption of the Und tax
Embezzlement of public money by col-
lectors, &o.
Exportation - - - -
Duty on sugar, &o. - - - 1
Smuggling - - - -/
Exportation - - - -
Exportation . - - -
Crown lands - - - .
Postage -
Black game in Somersetshire & Devon-
shire.
National debt - - . -
Exchequer bills . . .
Charges of the loan, &c. of the present
session.
Howth harbour, Dublin - -|
Baking trade - - - .
Postage - - - .
Window duty, Ireland -
Stamps, Ireland - - - >
Customs
Suppression of insurrection. Sec, Ire-
i land - - - -
Rep., 13 & 14 Vict. c. 102. s. 60.
Rep., Stat. Law Rev. Act, 1861.
Rep., 33 & 34 Vict. o. 99.
Rep., Stat. Law Rev. Act, 1870.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., 6 Geo. 4. c. 106.
Rep. in part,*Stat. Law Rev. Act,
1872 (No. 2).
Rep., 6 Geo. 4. c. 105.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1870.
Rep., 62 Geo. 3. c. 46. s. 19.
Rep., Stat. Law Rev. Act, 1861.
Rep., 2 & 3 WiU. 4. 0. 120.8.1.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., 31 & 32 Vict. c. 45. s. 71.
Rep., 6 Geo. 4. c. 105.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep. in part, Stat. Law Rev. Act,
1872 (No. 2).
Rep., Stat. Law Rev. Act, 1861.
Rep., 6 Geo. 4. c. 105.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., 4 Geo. 4. c. 24. s. 1.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., 7 WiU. 4. & 1 Vict. c. 32. s.l.
Rep., 1 & 2 Will. 4. 0. 32. B. 1.
Rep., Stat. Law Rev. Act, 1870.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Rep., Stat. Law Rev. Act, 1861.
Rep. in part, 4 Geo. 4. c. 74. s. 19.
Residue local.
Rep., Stat. Law Rev. Act, 1861.
Rep., 7 WiU, 4. & 1 Vict. c. 32. s.l.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1872
(No. 2).
Page.
583
585
588
591
593
594
CHRONOLOGICAL TABLE— «ml£iiar^dL
Y«r.
I
I Beiaom for tool rr panml p.
SO Geo. 3. (cmi.)
C.81,
c82.
c83.
c. 85.
c S6.
C.S7.
C-8S.
C.89.
c,90.
cc 91, 92.
C.93.
e.94.
c. 95.
c96.
c. 97.
c. 98.
c 99.
c WK
clOl.
cl02.
c. iri3.
c. liM.
cU»5.
c.106.
c. 107.
C. Ht5».
Cl09.
c. 110.
clll.
cll2.
cc 11a, 114
c. 115.
cll6.
c. 117.-
cll8.
cll9.
51 Geo. 3. (1811;.
c.l.
c,2.
cc3,4.
c 0.
c6.
VOL. IV.
DistiHing of spiiiUy ScTtlind - "
ImportaxioD - • . . v
Fees in public o&cs. &c^ Ircl&nd
Sale of flax k hesip seed, Irdand
Woollen manufacuire -
An^mestidon ol psrocbial stipends.
Scotland.
IT by per&jcs appoioted to public
Bep., Slit, Uw Rer. Act, 1S7:?
.'No. 2 .
East India ecnipanT • • -
Coorts-fBartzal on troops of East India
oosnpanr.
Gfmms of offices in icrersson • -~^i
- Rcp^ Stat. Lav Bcr. Act, lS7iJ
^Xo, '2 .
Bep. in pan« Stal. Lav Rer. Ad,
\>72 No. 2 .
Rep. in pAit, Stat. Lav Rer. Act,
1S72 No. 2 .
Rep., 5S Geo. 3. c S3, s. 1.
Rep. in put, StaL Lav Rer. Act,
isr2 No. 2.
Militia par, Ireland - . -I p^ 5;^. I •» n.^ 1^ i;;-o
Mihtia & local militia pir. Great V ^^^^^ ^^ *^- ^^ ^^''
Milirii
Hehiiead harbour
. I
Lighthouses. Ireland -
Qoartcnng c^ sol lias -
Inxporcat2c<n & expc4tati>n, Ireland - v
Treasuiy bills, Ireland -
Making of Trait, kc, Ireland *
Fines on stills. Ireiand •
Purchase of piisage & butleragc. >
Ireland - - - -^
Administericg unlavful oaths, Sx^ Ire-
land.
- Prisons. Ireland
. Local.
- Rep., Stat, Lav Rer. Act, 1S72
.No. 2 .
- Rep^ 17 & 1> Vict. c. li?\ s. 4.
- Assessment and ooUccti'. n of taxes
Bcp., Siat. Lav Bcv. Act» 1S72
Xo, 2 .
Rep., 1 & 2 WilL 4. c. Zo, s. <54.
Rep.. Stat, Lav Rev. Act, 1S72
^Xo. 2 ■.
Rep. in part —
2? & 29 Vict. c. a3. s. 4.
Stat. Lav Rev. Act, 1>72
X0.2.
Rep.. 7 Geo. 4. c. 74. s. 1.
Rep., 32 A- :i3 Vict. c. 14. s. .x^.
Rep. in pan, Stat. Lav Rev. Act,
1S72 Xo. 2.
Rep.. Stat. Lav Rev. Act. 1-72
Xo. 2.
Rep. in piit,31 & ."^ \':a. c, 4o.
S.7I.
Income tax, &c.
Cl«>thing of the arm v. &c. • - ^
Engagement of sailers for sea fisheries,
Ac.
Arms, Ireland ... - Rep.. 6 i 7 Virt. c. 7-1. s. 61,
Bnujang c4 cooJs, Ac. to London A Rep., 6 Geo. 4. c. 1<VS.
Westminster.
Pensions, Scotland ...
Extracting decrees. &; procedure in court
of sessi'Cin, Scotland.
Exchequer bills
Appropriation - - - -j
Xev Forest - - - -
Public salaries. Ac-
Admirahj and prize courts
Purchase for houses of partiament, Ac.
Rep., S:it. Lav Rev. Act, l!-72
Xo. 2 .
Rep. in part —
1 A 2 Geo. 4. c. 3-. s. 17-
Stat, Lav Rev. Act, 1>72
No. 2 .
Rep., Sat. Lav Rev. Act, 1^72
■ No 2
Local.
Rep., 4 A 5 Win. 4. c. 24. s. 8.
Rep.. 3 A 4 Vict. c. 06. s. 2.
LocaL
Care of the King during his illness/
Ac. .
Dut^ on mah. Ac. ...
Exchequer bills ...
Treasufj bilis, Ireland . - •
, Censoa, Gicsl Biitain - - -.
> Rep., Sut. Uw RcT. Act, lpr3.
ol>5
5>6
GCiS
Oj6
ffj
6J1
623
XXXlV
CHRONOLOGICAL TABLE^-^oniinued.
Year, statute and
chapter.
51 Geo. 3. {cont,)
c. 7.
C.8.
c. 9.
c. 10.
ell.
c. 12.
c. 13.
c. 14.
c. 15.
c. 16.
c. 17.
c. 18.
c. 19.
C.20.
C..21.
C.22.
c. 23.
c. 24.
c. 25.
c. 26.
c. 27.
c. 28.
C.29.
c. 30.
c. 31.
c. 32.
c. 33.
c. 34.
c. 35.
c. 36.
c. 37.
c. 38.
c. 39.
c. 40.
c. 41.
c. 42.
C.43.
c. 44.
c. 45.
c. 46.
c.47.
c. 48.
c. 49.
c. 50.
c. 51.
c. 52.
cc. 53, 54.
c. 55.
c. 56.
c. 57.
c. 58.
c. 59.
c. 60.
c. 61.
C.62.
Subject-matter.
Silk manufacture
Mutiny . - - -
Marine mutiny - - -
Wide streets, Dublin - - -
Coal duty, Dublin - - -
Drawbacks, &c. on sugar
Bounties, &c. on sugar
Exportation & importation
Exchequer bills - " "
National debt - - -
Indemnity for acts done for completing
militia . - - -
Indemnity • - " .' ^
Inquiry into expenditure, &c. in mili-
tary departments, &c.
Militia - - - - -
Grants of pensions . • -
National debt . - -
Slave trade ., . - -
Clearance of vessels, port of London - "\
Payment of creditors, Scotland - J
National debt - - - -
Malt, &c. duties . . -
Quartering of soldiers
Bringing of coals, &c. to London &
Westminster - " -
Militia, Ireland . • •
Duty on copper - - -
Ejccise - - - .
British calicoes - - -
Southern whale fishery
Advances by bank of Ireland -
Execution of justice within the cinque
ports.
Marriage of lunatics
Embezzlement, Ireland
Stealing from bleaching grounds. Ire
land - - - •
Highways, Ireland
Stealing of linen, &c. -
Distillers of spirits ' -
Duties on certain woods, &c. -
Duty on linen - - - -
Ships rooms in St. John's, Newfound-
land, &c. . . • -
Quarantine ....
Conunercial treaty, Portugal -
Importation
National debt - - . -
Exportation - . - -
Prisage & butlerage of wines, Ireland -
Customs ....
Exchequer bills ...
Customs ...
Duties on tobacco
Exportation - - -
Importation . . -
Duties on spirits
Duties on hats, &c. repeal, Irelwid
Charge of loan . - -
Importation -
Reason for total or partial
omission.
Rep., 5 Goo. 4. c. 66.
- >
Rep., Stat. Law Rev. Act, 1873.
Rep., Stat. Law Rev. Act, 1870.
Rep., Stat. Law Rev. Act, 1873.
Rep., Stat. Law Rev. Act, 1861.
Rep., 4 & 5 Will. 4. c. 24. s. 8.
Rep., Stat. Law Rev. Act, 1870.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1873.
Rep., Stat. Law Rev. Act, 1870.
Rep., Stat. Law Rev. Act, 1873.
Rep.,
Rep.,
Rep.,
Rep.,
Rep.,
Rep.,
Stat.
Stat.
Stat.
Stat.
31 &
Stat.
Law Rev.
Law Rev.
Law Rev.
Law Rev.
32 Vict, c
Law Rev.
Act, 1861.
Act, 1873.
Act, 1861.
Act, 1873.
, 45. s. 71.
Act, 1870.
Rep., 9 Geo. 4. c. 53. s. 1.
Rep., Stat. Law Rev. Act, 1873.
Rep., Stat. Law Rev. Act, 18/3.
Rep., 6 Geo. 4. c. 105.
Rep., Stat. Law Rev. Act, 18/3.
Rep., 6 Geo. 4. c. 105.
Rep., Stat. Law Rev. Act, 1870.
Rep., 6 Geo. 4. c. 105.
Rep., Stat. Law Rev. Act, 1873.
Rep., 6 Geo. 4. c. 105.
Rep., Stat. Law Rev. Act, 1873.
Rep., Stat. Law Rev. Act, 1861.
Rep. —
in part, 4 Geo. 4. c. 69. s. 28.
residue, 6 Geo. 4. c. 105.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1873.
Rep., Stat. Law Rev. Act, 1861.
Rep., 6 Geo. 4, c. 105.
Page.
641
646
646
XXXV
CHRONOLOGICAL TABLE^-continued.
Tear, sutate and
• I
51 Geo. 3. (eon/.)
c. 63.
c. 64.
c. 65.
c. 66.
cc. 67, 68.
c. 69.
c. 70.
c. 71*
c-72.
c 73.
c 7*1.
c- 75.
c- 76.
c. 77.
c. 7^.
c. 79.
c80.
c. 81.
c. 82.
c83.
c. 84.
c. 85.
c. 86.
C.87.
c. 88.
c. 89.
c. 90.
c. 91.
c. 92.
c. 93.
c. 94.
c. 95.
c, 96.
c. 97.
c. 99.
c. 10().
c. JOl.
c. 102.
c. 103.
c. 1(M.
c. 106.
c. 106.
c. 107.
cc. 108, 109.
c. 110.
c. 111.
c. 112.
c. 113.
VOL. IV.
Sabject-matter.
Punishment of oifenden, Ireland
Bonds of East India company -
Printers and publishers
Dubli^ harbour, &c. -
Customs duties
Duties on glass
Dutj on hats; &c. repeal. Great Britain
Customs - - - -
Assessed taxes . - - -
Naval arsenals . - - -
Prize goods - - - -
Officers in service of East India com-
pany.
Horse duty - - - -
Parliamentary elections, Ireland
Relief of fiinulies of militia men, Ireland
Lunatic paupers, <&c., England
Apprenticeship indentures - - 1
Inquiry into fees, &c. in public offices, >
&c., Ireland - - - - J
Rock salt - - - -
Drawback of duty on coals used in cer-
tain mines, &c.
Parliamentary elections
Exchequer bills ' - - - 1
Exportation & importation - - J
Colouring of porter - - -
Treasury bills, Ireland - - -
Salary of lord lieutenant, Ireland
Militia pay, Ireland
Crown lands, Ireland -
Highways, Ireland
Duties on Norway timber
Preservation of timber -
Excise, &c. - - -
Customs _ - - -
Trade between Europe & North
American colonies.
Indemnity - - - -
Qualification of electors by purchase
of land tax.
Trial of offences committed in counties
of cities, &c.
British white herring fisheiy -
Discharge from a crown debt -
Retirement of officers on half-pay
Forfeited & unclaimed prize money -
Devise of lands to royal naval asylum -
Army - - - - -
Militia and local militia pay. Great
Britain . - - -
Militia allowances ...
Counterfeiting of bank of England
tokens.
Manu&cture of Maidstone geneva, &c.
Exchequer bills
Lotteries . - -
. >
:}
;}
Reason for total or partial
omission.
Rep., Stat. Law Rev. Act, 1873.
Rep. in part, Stat. Law Rev. Act,
l873.
Rep., 32 & 33 Vict. c. 24. a. 1.
Rep. in part —
52 Geo. 3. c. 115. s. 1.
17 & 18 Vict. c. 120. 8. 4.
So far as unrepealed, local.
Rep., Stat. Law Rev. Act, 1861.
Rcp„ 1 & 2 Vict. c. 44. s. 93.
Rep., Stat. Law Rev. Act, 1873.
Rep., 6 Geo. 4. c. 105.
Rep., Stat. Law Rev. Act, 1861.
Rep., 54 Geo. 3. c. 159. s. 1.
Rep., Stat. Law Rev. Act, 1861.
Rep. in part, Stat. Law Rev. Act,
Rep., Stat. Law Re^. Act, 1873.
Rep., 34 & 35 Vict. c. 48.
Rep. in part, Stat. Law Rev. Act,
• 1873.
Rep., 9 Geo. 4. c. 40. s. 1.
Rep., Stat. Law Rev. Act, 1873.
Rep., Stat. Law Rev. Act, 1861.
Rep., I & 2 Geo. 4. c. 67. s. I.
Rep., Stat. Law Rev. Act, 1873.
Rep., Stat. Law Rev. Act, 1873.
Rep., 56 Geo. 3. c. 58. s. 1.
Rep., Stat. Law Rev. Act, 1873.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1873.
Rep., Stat. Law Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1873.
Rep., 6 Greo. 4. c. 105.
Rep., 3 Geo. 4. c. 45. s. 1.
Rep., 34 & 35 Vict. c. 48.
Rep., Stat. Law Rev. Act, 1873.
Rep., 31 & 32 Vict. c. 45. s. 71.
Personal.
Rep. in part, Stat. Law Rev. Act,
1873.
Rep., 54 Geo. 3. c. 86. s. 1.
Rep., 10 Geo. 4. c. 26. s. 1.
Rep., 2 & 3 Will. 4. c. 97.
Rep., Stat. Law Rev. Act, 1873.
Rep., Stat. Iaw Rev. Act, 1861.
Rep., Stat. Law Rev. Act, 1873.
Page.
648
M'J
619
658
659
XXXVl
CHRONOLOGICAL TABLE—coniinued.
Year, statute and
chapter.
61 Greo. 3. (cont.)
c. 114.
c. 115.
c. 116.
c. 117.
c. 118.
c. 119.
c. 120.
c. 121.
c. 122.
c. 123.
c. 124.
c. 125.
c. 126.
c. 127.
c. 128.
Sabject-matter.
Reason for total or partial
omission.
Service of regiment of miners in any
part of United Kingdom.
Gifts for building churches, &c., and
providing churchyards and glebes.
Tower burial ground - -
Appropriation - - - -
Service of militia in any part of United
Kingdom.
Justice of the peace, metropolis
Prevention of deer stealing, England -
Drawbacks on spirits - - -^
Inquiry into drainage^of bogs, Ireland
Insolvent debtors relief, Ireland
Frivolous arrests - - -
Insolvent debtors relief, England
Westminster, parliamentary elections -
Gold currency & bank of England
notes - - . -
Militia - - - - -
Rep. in part, Stat. Law Rev. Act,
1873.
Local.
Rep., Stat. Law Rev. Act, 1873.
Rep. in part —
22 & 23 Vict. c. 38. 8. 1.
Stat. Law Rev. Act, 1873.
Rep., Stat. Law Rev. Act, 1873.
Rep., 7 & 8 Geo. 4. c. 27. s. 1 .
Rep., Stat. Law Rev. Act, 1873.
Fage.
660
662
664
THE STATUTES
(REVISED).
\
THE STATUTES-REVISED EDITION.
41 GEORGE III. A.D. 1801.
STAlTTTES made at the Parliament
BEcrx ahd holden at Westminsteb, the Twenty-second Day of January,
A.D. 1801,
In the FORTY-FIRST Year of the Reign of
King GEORGE the Third,
Being the First Session of the First Parliament om the. United
Kingdom of Great Britain and Ireland.
CHAPTER XXIII.
Ax Act for the better Collection of Rfttes made for the Relief of the Poor.
[18th April 1801.]
|I/ HERB AS by an Act of Parliament, made and parsed in the seventeenth
^^ year of the reign of his late Majesty King George the Second, intituled
'^ An Act for remedying some defects in the Act, made in the forty-third year Recital of
" of the wign of Queen Elissabeth, intituled ' An Act for the relief of the poor,* •* l^^' ^
power was given to justices of the peace, upon appeals from rates and assess-
ments, where they should see just cause to give relief, to amend the same in
such manner only as should be necessary for giving such relief, without altering
sach rates or assessments with respect to other persons mentioned in the
same : And whereas the quashing or setting aside of rates or assessments
made for the relief of the poor, is attended with great inconvenience ; and it
haih happened, in consequence of the rate or assessment being quashed or set
aside, or of notice of af^eal against the whole rate being given, the church-
wardens and overseers of the poor have not had any money in hand for the
ntifif end maintenance of the poor : For remedy whereof, may it please your
Majesty that it may be enacted, and be it enacted by the King's most excel-
lent Ibyesty, by and with the advice and consent of the lords spiritual and
tonporal, and commons, in this present Parliament assembled, and by the
authority of the same, that from and after the passing of this Act, upon all On appeal
appeals from any rate or assessment made for the rdief of the poor of any IJSTSl^q^!
parish, township, vill, or place, the court of general or quarter sessions of the ter Bessionn
peace shall, and such court is hereby authorissed and required (in all cases h^^u[^^
wheire they shall see just cause to ^ve relief) to amend such rate or assess- quashi^ U; or,
menty either by Inserting therein or striking out the name or names of any mTy^ia^tiie
person or persons, or ,hj altering the sum or sums therein charged on any rate, but the
person or persons, or in any other manner which the said court shall think gbaii notiHth-
neeeeeary for giving such relief, and without quashing or wholly setting aside ^^^S W
sudi rate or assessment : Provided always, that if the said court shall be of
VOIi. IV, A
A
2
41 George III. (U. K,) c. 23.
A,D. 1801
Notice of ap-
peal not to
prevent diBtrees
being made
for the reco Yery
of the rate,
proYided the
sum be not
greater than
that assessed
in the last
effective rate.
Quarter ses-
sions having
ordered a rate
to be quashed,
may order the
sum charged
on any person
not to be paid,
and stop pro-
ceedings for
the recovery
thereof, &c.
Notices of ap-
peal to be given
to chnrch-
waidens and
opinion that it is necessary, for the purpose of giving relief to the person or
persons appealing, that the rate or assessment should be wholly quashed, then,
the said court may quash the same ; but nevertheless, all and every the sum
and sums of money in and by such rate or assessment charged on any person
or persons, shall and may be levied and recovered by such ways and means,
and in such and the same manner, as if no appeal had been made against such
rate or assessment ; and all and every the sum and sums of money which any
person or persons charged in such rate or assessment shall pay, or which shall
be levied upon or recovered from him, her, or them, shall be deemed and taken
as payments on account of the next effective rate or rates, assessment or
assessments, which shall be made for the relief of the poor of the same parish,
township, vUl, or place.
IJ. And be it further enacted, that from and after the passuig of this Act,
all and every the sum and sums of money at which any person or persons is or
are or shall be rated or assessed, in any rate or assessment made for the relief
of the poor of any parish, township, vill, or place, shall and may be levied and
recovered by distress, and all other lawful ways and means, notwithstandinfr
the person or persons so rated or assessed, or any other person or persons, shall
have ^ven notice of appeal from or against such rate or assessment, for any
cause whatsoever : Provided altrays, that if any person, rated or assessed in
any rate or assessment made for the relief of the poor, shall give such notice
of appeal as herein-after mentioned to the churchwardens and overseers of the
poor of any parish, township, vill, or place, or any two of them, then, from and
after the giving of such notice, and until the appeal shall have been heard and
determined, no proceedings shall be commenced or carried on to recover any
greater sum or sums of money from such person or persons, than the sum or
sums at which he, she, or they, or any occupier of the same premises, shall
have been rated or assessed in the last effective rate which shall have been
collected in such parish, township, vill, or place.
III. And be it furthei; enacted, that in case the said court of general or
quarter sessions of the peace shall upon appeal order any rate or assessment
for the relief of the poor to be quashed, it shall be lawful tor the said court
to order that any sum or sums of money, in and by Buch rate or assessment
charged on any person or persons, or any part of any such sum or sums, not to
be paid ; and then and in every such case no proceedings shall, after making
such order, be commenced, or if any proceedings have been previously com-
menced, such proceedings shall be no further prosecuted or carried on for
the purpose of levying or enforcing the payment of any sum or sums which
shall be so ordered by the said court not to be paid as aforesaid : Provided
always, that no justice of the peace, constable, or other ofScer of the peace or
other person shall be deemed a trespasser, or liable to any action, for any war-
rant, order, act, or thing which such justice, constable, or other officer or person
shall have granted, made, executed, or done for the purpose of levying or
enforcing the payment of any such sum or sums of money, before he shall
have had notice in writing of the order for the non-payment of such sum or
sums of money, which the said court is hereby authorized to make as aforesaid
lY. And be it further enacted, that, from and after the passing of this Act,
all notices of appeal from or against any rate or assessment made for the
relief of the poor, or from or against the account of the churchwardens and
ID. 1801.
41 Gborge III. (U. K) c. 23.
8
overseeTs of the p6or of any parish, township, vill, or place, shall be in writing,
and shall be signed by the person or persons giving the same, or his, her, or
Hmr attorney, on his, her, or their behalf ; and such notices of appeal shall be
delivered to or left at the places of abode of the churchwardens and overseers
of the poor of the parish, township, vill, or place, or any two of them, and the
particular causes or grounds of appeal shall be ^stated and specified in such
Botifie ; and upon the hearing of any appeal firom or against any such rate or
•sBeasment^ or account, the court of general or quarter sessions to which siich
appeal shall be made, shall not examine or enquire into any other cause or
gfotmd of appeal than such as are or is stated and specified in the notice of
appeiL
Y. Pbovided nevertheless, and be it farther enacted, that with the consent
d ihe overseers, signified by them or their attorney in open court, and with
ihe eonaeiit of any other person interested therein, the said court of sessions
may proceed to hear and decide upon such appeal, although no notice thereof
didl have been given in writing ; and also that with the like consent such
eoort may hear and decidd upon grounds of appeal^ not stated or misstated in
ncih written notice, where any notice shall have been given in writing,
YL Ann be it further enacted, that^ from and after the passing of this Aet^
it ny penon or persons shall appeal against any rate or assessment made for
ftei^ of the poor, because any other person or persons is or are rated or
MMndmsueh rate or aasessmenL or is or are omitted to be rated or assessed
tberaB^arbecaoBeaiiy other person or persons is or are rated or assessed in
ujBiA nte or aasesBment at any greater or less sum or soms of money than
tk am or sums at whidi he, she, or they ought to be rated or assessed therrin,
0* fe aqr other cause that may require any atteratioa to be made in audi rata
orttBenneat with reqpeet to any other person or powms^ then and in every
sodi CMS the person or penscms so appealing for the caoaes afinreaaid, or any of
ti^a, ahill give sndi notiee of appeal, in writing as haem-hebfe meniioned,
lot oBij to the drarchwaidess or Cf^eaeen ct the poor, or any two or more of
tkiD, but aho to the other perscm or persons so interested or eoneemed in the
cvat of sodi appeal as aforesaid ; and sach €4her perKn cr persons shall, if
k ilie, or they shall ao desiie, be heard npon the said appeal ; and it shall be
InrMfirthecoflrtofgcasnlorgoarterBfaiims of the peaee, on the hearing of
>Kii appeal, to order the nasne or names of soch cAher person or persons U9 tje
iuoted in sodi rate or iiHiinnifnt, and him, her, cr them to be therein rated
ud iSMBed at any warn or soms of money, or to order the name or naaata of
mfc oftg penon or persfw to be rtraA oat of such mte or aasesMnent^ or the
nm or snas at wUcb he; she, or ihey is cr tre rated or aascsMsd therein, t/#
k altered, in andi mamaer aa ihe said eoort ihail think right; aiKi the
flCeer of the said ami shafl Cwthwith add to or alter the nrte or
soBQidiariT.
YQ. Aja> be it fiffther caacted, that if npoo thehearini;; of any app«al fwm
or agsiast mmj rate or asaeaBioKBt, the said er^ort uLail order the nassfr or naasea
of SKf persoB or pcnoaa to be inacttcd thcmn, mad }dm, her, or thtaa U/ \m
cBted or aaseased aa anj mm or anas of momj, or thtL order the mm tm mmm
at which anj pemm or pcia»;aik k cc ar^ iLftTrAA nuA or mmmti Uf b^ nte^d
or JBfffraigid, tken aad a ak^ tamt a^ aid ^erj tht; mtm and aoiMi *M u^mtey,
at or to which «ndk persisn 'm ysr^/Ui ^i^L \^ «> tjt^^ t// t^ #at^ *m
A 2
ovone«n of
the poor, &o.,
and in^oundM
of appeal
utated In luch
noticcM.
AppMlf majbt
dedded,ifUM
partiee eonimt,
altboDgh notice
be not giirefi,
Of on f^wiodtt
DOtatMediu
nottee.
Fersofwap*
fffflffMf acaifiat
aajrnteftball
gHre notiee, BOi
onlf tolbe
tOtliepCfMMW
4 41 GEOBaB III. (U. K-) c, 23, 24, A.D. 180X,
aBMisedi or to be raised or inereaaed, or 00 much thereof ba ahall not have been
aJready paid, shall and ioay be recovered in such and the same manner, and
by such and the same means, as if he, she, or they had been originaily named
in such rate or a^tsessment, and rated or assessed therein at such sum or suma
of money.
In case in the YIII. AiO) be it enacted, that if upon the hearing of any appeal from any
ofa^ pe^ rate or assessment for the relief of the poor, the court of general or quarter
sbaU be strook sessions of the peace shall order the name or names of any person or persons
sum lowered ^ ^ struck out of such rate or assessment, or the sum or sums rated or
the quarter afisesscd on any person or persons to be decreased or lowered, and if it shall
orS^^y 8uma h® made appear to the said court that such person or persons hath or have,
Ef^v-^Lff^T^ previously to the hearing of such appeal, paid any sum or sums of money, in
oonsequence of such rate or assessment, which he, she, or they ought not to
have paid or been charged with, then and in every such caae the said court
shall order all and every such sum and sudos of money to be repaid and returned,
by the said churchwardens and overseers of the poor, to the person or persoi^
having paid the same respectively, together with all reasonable costs, ohargea,
and expences, occasioned by sudi person or persons having piiid or been re-
quired to pay the same ; and all and every the sum and sums of money so
ordered to be repaid or returned by the churchwardens anc^ overseers of the
poor, or any of them, shall and may, together with all such costs, charges, and
expences as aforesaid, be levied and recovered from them, or any of them, by
distress , and all such other ways and means as the money charged, rated, or
assessed on any person, by any rate or assessment made for the relief of the
poor, can or may be by law levied or recovered
to be repaid.
CHAPTER XXIV.
An Act for the indemnifying of Persons injured by the forcible pulling down
and demolishing of Mills, or of Works thereunto belonging, by Persons
unlawfully and riotously assembled, pj [18th April 1801.]
Recital of TTTHEREAS by an Act passed in the ninth year of the reign of his present
9 Geo. 3. c. 29. Yt Majesty, intituled "An Act for the more effectual punishment of such per-
'' sons as shaJl demolish or pull down, burn, or otherwise destroy or spoil, any
'' ipill or mills, and for preventing the destroying or damaging of engines for
" draining collieries and mines, or bridges, waggon ways, or other things used in
" conveying coals, lead, tin, or other minerals from mines, or fences for inclosing
'- lands in pursuance of Acts of Parliament," Pi it was amongst other things
recited, that by an Act passed in the first year of the reign of his late Majesty
1 Geo. 1. 8t 2. |[jj|g Qeorge iiie First, intituled " An Act for preventing tumults and riotous
" assemblies, and for the more speedy and effectual punishing the rioters,'^ it
was among other things enacted, that if any persons unlawfully, riotously, and
tumultuously assembled together, to the disturbance of the public peace, should
unlawfully and with force demolish or pull down, or begin to demolish or pull
down any church or chapel, or any building for religious worship, certified and
c. 5.
u
Y Bep«, as to England, 7 & 8 Geo. 4. c. 27. s. l.J
P As to this Act, see Appendix.}
AJD. 1801.
41 George III. (U. K.) c. 24.
registered according to the Statute made in the first year of the reign of the
late King William and Queen Mary, intituled '' An Act for exempting their
** Majesties Protestant subjects, dissenting from the' Church of England, from the
■ penalties of certain laws," or any dwelling house, bam, stable, or other out-
house, that then every such demolishing or pulling down, or beginning to
demolish or pull down, should be adjudged felony without benefit of clergy,
and the oflTenders therein should be adjudged felons, and should sufiTer death as
in eisee of felony without benefit of clergy ; and it was also further recited,
that some doubts had arisen whether the scdd Act extended to the pulling
down and demolishing of mills ; wherefore, for remedying the mischiefs whi<^
might ensue therefrom, and for the more efiectual punishment of such offenders,
it was by the said Act enacted, that if any person or persons unlawftilly,
riotously, and tumultuously assembled together to the disturbance of the public
peace, dliould at any time after the first day of July one thousand seven hun*
died and sixty-nine, unlawfully and with force demolish or pull down, or begin
to demolish or pull down any wind saw mill or other wind mill, or any water
nuH or other mill, which should have been or shall be erected, or any of the
woiks thereto respectively belonging, that then every such demolishing or
iniDing down, or beginning to demolish or pull down, should be adjudged
ttoay without benefit of clergy, and the oflTenders therein should be adjudged
Uciitt|«Dd should suffer death, as in d^e of felony, without benefit of clergy :
Afid irtoeas no provision is made in and by tlie said recited Act for the
indemn^tion of the persons damnified and injured by such pulling down
uni dflmohshing of the above mentioned mills and works thereunto belonging :
hA whereas it is expedient that the like remedy and means of indemnification
Aooki be extended to the persons damnified and injured by the pulling down
lod demolishing such miUs and works thereunto belonging, as are by the said
Act, paesed in the first year of the reign of his said late Majesty King George
the frrAy intituled ''An Act for preventing tumults and riotous assemblies, and
'^ for (he more speedy and effectual punishing the rioters,^ now afforded and
given to the persons damnified and injured by the demolishing and pulling
down, wholly or in part, any church, chapel, building for religions worship,
dwelling house, bam, stable, or outhouse, as in the said last mentioned Act is
mentioned : Be it therefore enacted by the King's most excellent Majesty, by
ud with the advice and consent of the lords spiritual and temporal, and
commoDs, in this present Parliament assembled, and by the authority of the
tune, that if after the passing of this Act any wind saw mill or other wind
nill, or any water mill or other mill^ or any of the works thereunto belonging,
shall be demolislied or pulled down, wholly or in part^ by any persons so
^wiiilly, Tiotooaly, and tumultoooaly assembled, that then the damages
SQstained by the person or persons injured and damnified by such demolishing
or palling down, wholly oc in part^ shall and may be sued for, recovered,
levied, raised, and reimbuiaed in such manner and form, and by unch ways and
meanSk as are particularly provided in and by the said Act made in the first
year of the reign of his said late Majesty King George the First, in respect to
the eevend descriptions of buildings therein mentioned*
1 WiU. & Mar.
c. 18.
occaaioned by
tlia demoliib-
ing of tuiUi,
&c. bfpenoiM
imlawfiiUj
aaiembled, may
be sued for
sod fMOTiffCd
in tbe maattfr
prondedbjr
iba leeHcd Aai,
lOeo. 1*
0C 2»c» ft.
41 George III. (U. K.) c. 25.
A.D. 1801.
His Majesty
may grant the
commission of
master of the
RoUs in Ireland
quam diu se
bene gesserit.
Buch master
of the Bolls
may make
orders and
decrees, which
shall be Talid,
but shall not
be enrolled till
signed by the
lord chan-
cellor, &c.
CHAPTER XXV.
An Act for the better Regulation of the Office of Master of the Bolls in that
Fart of the United Kingdom called Ireland; and for augmenting the
Salary annexed to the said Office. [18th April 1801.]
llTHEREAS it is expedient that the office of master of the Bolls, in that
^^ part of the United Kingdom called Ireland, should be made a judicial
office, and assistant to the lord high chancellor of Ireland ; but the same being,
by an Act passed in the Parliament of Ireland in the tenth year of the reign
of his late Majesty King Henry the Seventh, now held only at the King's will
and pleasure, it is expedient that his Majesty should be empowered to regulate
the said office, and that the salary thereof should be augmented : Be it there*
fore enacted by the King'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 from and after
the passing of this Act it shall be lawful for his Majesty, his heirs and suc-
cessors, by any letters patent under the great seal of the United Kingdom of
Great Britain and Ireland, to grant the commission of master of the Bolls ci
that part of the Unil^ Eongdom called Ireland, for the time being, unto any
person quam diu se bene gesserit ; and to provide that such commission shall
continue and remain in full force during the good behaviour of the person
holding the said office, notwithstanding any demise of his Majesty (whom Qod
long preserve) or of any of his heirs or successors, any law, usage, or practice
to the contrary thereof in anywise notwithstanding ; and that the master of
the Bolls so appointed shall have full power and authority to make orders and
decrees on all matters and causes now depending, or which shall hereafter be
depending, in the courts of Chancery of that part of the United Kingdom
called Ireland ; and that all such orders and decrees shall be deemed and taken
to be valid orders and decrees of the said Court of Chancery ; but subject,
nevertheless, in every such case, to be discharged, reversed, or altered by the lord
chancellor, lord keeper, or lords, commissioners of the great seal of Ireland for
the time bemg IBep., Stat. Law Bev. Act, 1872.J ; and so as no such orders or
decrees be enrolled till the same shall be signed by the said lord chancellor,
lord keeper, or lords comnussioners of thie great seal.
The master
of the Bolls
may appoint a
deputy, who
most be ap-
proYcd by the
lord chaih-
cellor, &c.
HisMiidesty
may remove
any master of
the Bolls upon
an address of
Farliamenti
VIII. And be it enacted, that the master of the Bolls so to be appointed
shall and may have power and authority to appoint a proper and sufficient
officer to execute such part of the duties of the said office as have been hereto-
fore performed by deputy, such officer first to be approved by the lord chan-
cellor, or lord keeper, or lords commissioners for the custody of the great seal of
Ireland respectively for the time being, by instrument under the hand and
seal of such lord chancellor, lord keeper, or lords commissioners respectively.
IX. Pbovided always, and be it further enacted, that it may be lawful for
his Majesty, his heirs and successors, to remove any master of the Bolls upon
an address of both Houses of Parliament of the United Kingdom of Great
Britain and Ireland.
«<.
JlD. 1801.
41 George III- (U. K,) c* 82,
CHAPTER XXXII.
Ah Act for granting to his Majesty several Sums of Money for defraying ihn
Chaige of certain permanent Services in that Part of the Unitod Kingdom
called Ireland. [30th April I HOI. J
Most gracious Sovereign,
XITE, your Majesty's most dutiful and loyal subjocte, the commons of thn
^^ United Eongdom of Great Britain and Ireland in Parliament aHMomhIod,
being desirous of making a permanent provision for the several sorviccM liort)in«
after mentioned, have freely and voluntarily resolved to give and grant to your
Majesty the several sums of money herein-after expressed ; and do therefore tnont
humUy beseech your Majesty that it may be enacted, and bo it onactud by
the Sing's most excellent Majesty, by and with the advice and c<iniiont of tho
krdfl spiritual and temporal, and commons, in this present Parliament awicm-
Ued, aiid by the authority of the same, that it shall and may bo lawfiil to and
for the lord high treasurer and under treasurer of the Excherjucr, or tho e^m-
minioDeiB of his Majesty^s Treasury, of that part of the Unitorl Kingdom
caDed Irelaiid, now or for the time being, or any three or more of them, frtm
time to time, by wanant or wurrants under his or their handif, to tmler an/l
find any sum or sums of money not exceeding, in one year, the mimn hnrtsm*
ifter motioaed^ to be issued and paid for the several purpoMff henin^icr
eqveand; tbai is to say.
nf f nrland mf
in 0%prtmm4t
in mm fmr, Im
nMf WHfH*
To the Ficndi miiiister at Dnndalk
To the Fmch miiiistier a& Pottarliiigioo
To the recvir ^ai db?
of
«if Sunt Panl
wk in the iMViaeln
«f IhuA'* iitjtarr,
mmrbMim
To
To
4 mnmsjr !hr ^ifUf»f ^m^MVPt niii*
oBER ^mift - - ^
mASaAng if IDhftiin 5ir im!eii>^ vvn .if
ABsAm BRiimarnc "^^ "^^ asyi auuuai--
I
£ H. il
» * *
Irfofi.
£ H. fL
* » * »
55 7 HJ m 0 0
4« 3 I
^ » f *
M 0 0
* * ■* *
73 5 2i 7i!i 7 3}
^ ^ *
Ti \% \% %ft tt n
K l«^ II
11 I 4
:^ fj; o
li * *
.» .^
«• »•
« •
* I*)- %
i^ K i
:i rr *
i^ %. <
8
41 George III. (U. K.) c. 32, 52.
A.D. 1801
The above
sums shall be
payable out of
the consoli-
dated ftaid of
Inrlaod.
Beceiptsof
persons to
whom sums
payable to be
discharges.
«
English.
1
[ri«li.
To the bishop of Meath out of the manor of
Trim .....
To the dean and chapter and vicars choral of
Christ Church, Dublin
£ 8. d.
3 9 2
43 13 10
£
3
47
C
d.
0
8
To the lord mayor and citizens of Dublin
738 9 3
800
0
0 .
To the Royal Irish Academy for rent of an
house - . . ^ -
107 13 6
• • a •
116
13
0
For rent of grounds near Carrickfergus castle -
14 18 7i
. . . .
16
• •
3
•
6
•
II. And be it enacted, that the said' several sums shall and may be isBuing
and payable out of^ and charged and chargeable upon, the consolidated, fund
of that part of the United Kingdom called Ireland, after paying, or reserving
suffidetit to pay, all such sum and sums of money as hath or have been directed
to be paid out of the same by any former Act or Acts of Parliament> but with
preference to all other payments which shall or may be hereafter charged or
chargeable upon the said fund.
III. And be it further enacted, that
the acquittance or acquittances, receipt or receipts, of the person or persons to
whom the said sums of money, or any part thereof, shall be payable, shall be
a good and sufficient discharge for the payment thereof, any law, custom, or
usage to the contrary notwithstanding.
CHAPTER LII.
A^ Act for declaring what Persons shall be disabled from sitting and voting
in the House of Commons of the United Kingdom of Great Britain and
Ireland ; and also for canying into effect Part of the Fourth Article of
the Union of Qreat Britain and Ireland, by providing in what cases Per-
sons holding Offices or Places of Profit under the Crown of Ireland shall
be incapable of being Members of the House of Commons of the Par-
liament of the said United Kingdom. [20th June 180L]
Hecital of Vkl HERKAS by an Act, made in the session of Parliament held in the
39 & 40 Geo. 3. ▼ T thirty-ninth and fortieth years of the reign of his present Mjgesty, in-
tituled " An Act for the union of Great Britain and Ireland," it was amongst
other things provided, that the said kingdoms of Great Britain and Ireland
should, upon the first day of January in the year of our Lord one thoasand
eight hundred and one, and for ever after, be united into one kingdom, by the
name of the United Kingdom of Great Britain and Ireland ; and that the said
United Eongdom should be represented in one and the same Parliament, to be
stiled The Parliament of the United Kingdom of Great Britain and Ireland :
And whereas it is expedient ftiUy to declare in what cases persons are and
shall be disabled from, or incapable of> sitting and voting in the House of
iJ>. 1801
41 George III. (U. K.) c. 52.
9
Commons of the said Parliament of the said United Kingdom : Be it therefore
oiacfced by the King's moat excellent Migestyi by and with the advice and
ocnseni of tiie lords spiritual and temporal, and commons, in this present Par*
liament of the said United Kingdom assembled, and by the authority of the All persons
same^ that from and after the passing of this Act) all persons disabled from or ^I^m '^ ^
incapable of being elected^ or sitting and voting in the House of Oommodfl of BrldSi House
any Parliament of Great Britain, shall be disabled from and be incapable of shalibedisabied
b^ng elected^ or sitting and voting In the House of Commons of any Parlia^ ^"it'^'^V"
wumi of the United Kingdom, as knights, citizens, or burgesses, for any oounty^ liament as
stewartary, city, borough, cinque port, town, or place, in that part of the United q^™J?.^
Kingdom called Great BritaiiL
XL Akd be it further enacted, that from and after the passing of this Act| All l>«t^
aU persons .disabled from or incapable of being elected, or sitting and voting sitting in Irish
IB the House of Commons of any Parliament of Ireland, shall be disabled from ^ovMe ^^^^
and be incapable of being elected, or sitting and voting in the House of Com- disabled from
mens of any Parliament of the United Kingdom, as jknights, citizens, or u^^%^^i^
burgesseSy for any county, cityi borough^ town, or place^ in that part of the ment a«
United Kingdom called Ireland. nSS^" ^""^
IIL Pbovided nevertheless, that nothing in this Act shall be construed to Persons dis-
oiahle peiBons, heretofore disabled by any Act of the Parliament of Great abied by British
BdUui from sitting and voting in the House of Commons of Great Britain, to not hereby be
ni or vote in the House of Commons of the said Parliament of the said United ^^^ to »t
Kiiigdom, AS knights, oitisensi or burgesses for any coimty, city, borough, town, nor e oontrV
CT fkot in that part of the United Kingdom called Ireland ; nor to enable
penoDBi heretofore disabled by any Acts of the Parliament of Ireland from
attiBg and voting in the House of Commons of Ireland, to sit or vote in the
House of Commons of the Parliament of the said United Kingdom, as knights,
cttiaens, or burgesses, for any county, stewartry^ city, borough, cinque port,
(own, or plaoe^ in that part dT the United Kingdom called Great Britain.
lY. Akd whereas by the said Act for the union of Great Britain and
Ireland, it was amongst other things provided, that " until an Act shall have
" passed in the Parliament of the United Kingdom, providing in what cases
" persons holding offices or places of profit under the crown of Ireland shall
** be incapable of being members of the House [of Commons^ of the United
" Kingdom^ no greater number of members than twenty holding such offices .
" or places as aforesaid shall be capable of sitting in the said House of Com-
" mona of the United Kingdom :" Be it therefore farther enacted, that from Persons who
and after the dissolution or other determination of this present Parliament, no ^^ w,^'
persoli or persons who shall by himself or his deputy, or any other in trust for Ireland, shall
him, or for his benefit^ take» hold, enjoy, or execute or continue to hold| enjoy, ^^".^^ -^
or exeeate, any of the offices, employments, or places of profit heron-after any fatore
mentioned, m or for that part of the United Kinffiom called Ireland, sbaU be ^S^S^"^
faspM% of being eleeted or chosen a member of or of sitting or voting as a KiDgdom; rix.,
member of the House of Commons of any Parliamoai of the said United
Kingdom of Great Britain and Ireland^ in .any Parliament which shall hereafter
be sonunoned and holden ; (that is to say),
No psKBon who shidl be commissioner of customs, excise^ or stamps, or Commbtioiiets
who shall be concerned, directly or indirectly, in the fanning, collecting, or ^^"*^'
mansging any of the sums of money, duties, or other aids^ heretofore granted, sudops, *o.
10
41 George III. (U. K.) c. 62.
A.D. 1801.
Army agents.
Contracton.
Except mem<
bers of trading
companies in
Irekad.
Depaties or
clerks in cer-
tain offices.
Persons hold-
ing new places
under the lord
lieutenant of
Ireland shall
in Aitnre be
disabled.
Irish Act,
83 Geo. 3.
c. 41.
ll^ections of
disabled per-
sons void,
and such per-
sons presuming
to sit in Par-
liament shall
incur the
penalties under
or which shall hereafter be granted by any Act of Parliament to his Majesty,
his heirs or successoi's (except the commissioners of the Treasury and their
secretary) :
•••••^•••^•••••••••■••* • • • •
Nor any agent for any regiment :
Nor any person who shall directly or indirectly, himself, or by any person
whatsoever in trust for him, or for his use or benefit, or on his account, under-
take, execute, hold, or enjoy, or continue to execute, hold, or enjoy in the "whole
or in part, any contract, agreement, or commission made or entered into iinder
or from the commissioners of his Majesty's Treasury in Ireland, or "with any
one or more of such commissioners, or with any other pei:son or persons whom-
soever, for or on account of the^ public service in Ireland ; or who shall know-
ingly and willingly fiimish or provide, in pursuance of any such agreement^
contract, or commission which he or they shall have made or entered into as
aforesaid, any money to be remitted abroad, or any wares or merchandize to be
used or employed in the service of the public, during the time that he shaU
execute, hold, or enjoy any such contract, agreement, or commission, or any part
or share thereof, or any benefit or employment arising fix)m the same (except
persons who shall be members of any incorporated trading company now exist-
ing or established in Ireland, and consisting of more than ten persons, so far as
relates to any contract, agreement^ or commission, which now is or shall or may
hereafter be made, entered into, or accepted by such company in its corporate
capacity, for the general benefit of such incorporation or company) :
Nor any deputies or clerks in any of the several offices following ; that is to
say, the office of lord high treasurer or the commissioners of the Treasuiy,
(except the secretary of the Treasury) ; or of the
chancellor of the Exchequer, (except the secretary of the chancellor of the
Exchequer) ; or of the commissioners of stamps ;
V. And be it further enacted, that, from and after the dissolution or other
determination of this present^ Parliament, no person wh6 shall have in his own
name, or in the name of any person or persons in trust for him or his benefit,
any office or place of profit, from or by the nomination or appointment, or by
any appointment subject to the approbation of the lord lieutenant, lord deputy,
lord justices, or other chief governor or governors of that part of the United
Kingdom called Ireland, created or erected at any time after the passing of an
Act of the Parliament of Ireland, in the thirty-third year of the reign of his
present Majesty, intituled " An Act for securing the freedom Mid independence
" of the House of Commons, by excluding therefrom persons holding any offices
" under the Crown to be hereafter created, or holding certain offices therein
" enumerated, or pensions for terms of years, or during his Majesty's pleasure,'^
shall be capable of being elected or chosen a member of, or of sitting or voting
as a n^ember of, the House of Commons of any Parliament of the said United
Kingdom of Qr^t Britain and Ireland, in any Parliament) which shall hereafter
be summoned and holden.
VI. And be it further enacted, that if any person hereby declared to be dis-
abled from, or rendered incapable of sitting or voting in the House of Commons,
shall nevertheless be elected or returned as a member to serve in Parliament
or any county, stewartry, city, borough, cinque port, town, or place, in any
part of the said United Khigdom, such election or return are hereby enacted
I
I
t
.1
U). 1801.
41 George III. (U. K) c. 52, 57.
11
oad dedaied to be void to all intents and purposes whatsoever ; and if any
penoB or peraons so hereafter elected or returned, and declared to be disabled
or to be renderod incapable by this Act to be elected, shall presume to sit or
ircie as amember of the said House of Commons, such person or persons so sit-
to^ or voting shall incur such pains, penalties, and forfeitures, as are inflicted
or »iin»niM»H by the several Acts of Parliament heretofore passed in Great Britain
or bdiad far disabling or incapacitating such persons from sitting in the Par-
Kawm^ of Great Britain or Ireland respectively; and if sudi person or persons
AtSL be dnaUed or incapacitated by the having, holding, or accepting of any
aBecenployinent^ or place of profit, in tins Act enumerated and particularized,
iha aad in maA case such person or persons so sitting or voting shall forfeit
dw lam of five hundred pounds for every day in which he shall sit or vote
IB the and house; to be recovered by such person as shall sue for the same in
aayeoniof reeoid in any part of the said United Kingdom, by action of debt,
UD, pUni^ or infiimiation, wherein no easdgn, protection, or wager of law shall
be allowed, and only one imparlance.
Tin. Pbovided also, and it is hereby further enacted and declared, that
aoUagia this Act shall extend <Hr be construed to exdnde any person having
QiUfiig any office, place, or employment for life, or for so long as he shall
\ri«PtlDanelf wellinhis office (oth^ than and except the commiarionen c^
d wfnti aoeomt^ and JBep^ Stsi. Law Ber. Act, 1872.1 all poaoos omeenied
k tte anagiiii^ collecting, or fiurming of any sums of money, duties, or
fAetmk giants or to be granted to his Majesty, his hein or sqcccssois) ;
Of ttiag herein contained to the contrary notwithstanding
S. PaovmsD ahrays, that if any person being thfmai a member of the
floott of Cooimans shall, from and after thepaasingof this Act, aeeq»i of any
<'» of profii whatever, immediately and directly from thecnnmof theaakl
Viifted Kingdam, or by the nomination or appointment, or by any other
iRMiateMBt aolgeei to the approbation of the lord lieutenant, lord deputy,
l«d jwfiticcH, or other diief governs or governors of thai pari of the said
Uttkd KingdoB called Irdand, his seat dball thereupon become vacant, and a
^daD ingae £(ir a new dection ; provided nevertheteas, thai such penon (if
^ te lot incapacitated by anything hcrein-liefore eontainfdj, shall be capable
^ I>^ again deeted to be a member of the House of Commons Cor the place
^ ^ndi he bad been a tmbcr, or for any other place afnding aaembM* to
^Bomecf
fonnerBntich
or Irish Aett$
or if diiftUed
under thin Act
•hill forfeit
500/. per day.
Koitoezletid
to oflwC9 bod
for fife or
dariogi^ood
bcluiiof , ex^
or lota
fk^l
^AcTlbrtha better Prevention
TTHKBEASii
'* the rnited
tacted by the Kiac'a
naeat ef tfe lonk
CHAPTER LYtt
of the Foffgery of the Xotea and BiiU of
on the BnneB of Bankem PI
[20th Jane l%Ot]
ptwent the emne of ibtgery in all parta fA
Britain and Ireland: Be it t^M^eiote
Majesty, by and vith the adrkae Mnd
ianporal, aad erAan^M»^ hi iim yrmott
mad bj the antr^irity of ti:^ aaaae, iiai H any p^stmm or Ah^ir j^ i%
to
Kingdom of Great
t» ^xadaaA, tkkT^ TttL e ^S. 1. 1^
i¥ft,mfffiip'
12 41 GbwRQE III. (U. K.) c. 57. .A..I
son who BhaU persons, in any part of the United Einffdom of Great Britain. axLcl i
mftko or ttsc *
any frame or ^^m and after the ientli day of July one thousand eight hundred
mould for make or cause or procure to be made, or knowingly aid or assial; ixx i>lie &
makmg paper, . ^ ^* -, ^ « 1 1 t> m-m t
with the name Or usiug, of any frame, mould, or part of any frame or mould, for -fct&e xnaJi
or fim of paperi with the name or firm appearing visible in the substance o£ i>lie
any bankers i r- » rr o
or banking of any person or persons, body corporate, or other banking oonipa
p^w m*Ae P*rt^®™l^ip cawying on the business of bankers, without an. Autliori
substance of the writing for that purpofio firom such person or persons, body corporate^ ai*
a wSt«a*au^* banking company or partnership, or jfrom some person or persons duly ba
thority for that rijsed to give sudi authority ; or shall manafacture, make, vend> expoe^ to
shS^make^or P^hlish or disposc of, or cause or procure to be manufactured, madet ven
vend such or exposed to sale, published or disposed of| any paper having . the namt
such^nwQe or*^ firm appearing visible in the substance of the paper of any person or pera
finn to appear body corporate, or other banking company or partnership whatsoevei', carry
stance of the ^^ ^^^ business of bankers ; or if any person or pei'sons without such aut
^P^» ^^ff^ ^^^ ^^^y* ^^^^ ^y ^^y ^^' means, mystery, or contrivance, cause or procure,
be imprisoned shall kuowingly aid or assist in causing or procuring the name or firm of a
for not above person or persons, body corporate, or other banking company or partnersh
less than six Carrying on the business^ of bankers, to appear visible in the substance of ti
for^h^sccond P*^P^^ whereon the same shall be written or printed ; every person or peraoi
be transported' SO oBending in any of the cases aforesaid, and being convicted thereof ticoardin
for seven years. ^ j^^^ gjj^j f^^. ^^^ q^^ oflfence be imprisoned for any time not exceeding
two years nor less than six months, and for the second oflfence be transportec
to any of his- Majesty's colonies or plantations for the term of seven years.
Any person H. And be it further enacted, that if any person or persons, in any par* of
ai^ve, &c. ^^^ United Kingdom of Great Britain and Ireland, from and after the said
^y ^*H^^®*® tenth day of [July one thousand eight hundred and one, shall engrave, cut,
or b^ng ^^ etchy scrape, or by any other means or device make, or shall cause or procure
company, or ^q \yQ engraved, cut, etched, scraped, or by any other means or device made,
60 engraved, or or shall knowiugly aid or assist in the engraving, cutting, etching, scrapinl",
m^hf ^or^^ ***" or by any other means or device making, in or upon any plate whatsoever,
piinting such any bill of exchange, promissory note, or other note for the payment of money,
with*out a^' or part of any bill of exchange, promissory note, or other note for the pajrment
written autho- of money, purporting to be the bill of exchange, promissory note, or other note
purTK)»e, or ^^^ ^^^ payment of money, of any person or persons, body corporate, banking
shall know- company or partnership carrying on the business of bankers, without an
Sf cnst^y"' authority in writing for that purpose from such person or persons, body
such plate or corporate, banking company or partnership, or some person or persons duiy
without such ' authorized to give such authority ; or shall use any such plate so engraved,
*^*h^vfr '^"^ ^^^* etched, scraped, or by any other means or device made, or shall use any
note, shaU other device for the making or printing any such bill of exchange, pronussoiy
®^^ *^® ^^ note, or other note for the payment of money, without such authority in
writing as aforesaid ; or if any person or persons shall, after the said tenth
day of July one thousand eight hundred and one, without such authority m
aforesaid, knowingly have in his, her, or their custody, any sUch plate or
device, or shall, without such authority as aforesaid, knowingly and wilfully
publish, dispose of, or put away any such bill of exchange, promissory note, or
other note for the payment of money, or part of such bill of exchange, pro-
missory note, or other note for the payment of money ; every person bo
UllMl
41 GWBfiE ni. (U. E.) c 57, 68.
18
i^fr^r«g m lay et the cases aforesaid, and being ocniTiefced tiieieal aooording
Is kw, shall, for the first offence be imprisoned for any time not exceeding
two ]pcBiB mar loss tliaa six mcmtha, and for the seeond offence be transported
m any of bis Ifayesty's colonies or plantations for the term of seven yeanL
IIL An be It fvrther wiarted, that if any person or persons, in uxy part of
dbs Uaitsd Kingdom of Great Britain and Ireland, from and after the tenth
dsf itJvij one thoosand dght hmidred and one, shall engrave, cat^ or etdi,
or bf say other bicsbbs or cmtrivanee trace with a hair stroke or other mode
af drBafstinn. or ai^ {date whatsoey^ , any of the snbscriptions sabjoined to
Bsqr Ul of adm^ge, pramisKtry note, or other note for the payment of money,
cf any penon or |WiBiBtt» body corporaiCy or other banking compai^ or partner-
^p fanyii^ on the bnaineaB of bankeis, to be payable to bearer on demajni,
orMlhavB in lii% her, or their possession any plate with the hair strokes or
of any snfaamption tneed thereon, sabjoined to any bill of
prosaissary note, or other note for the payment of money, purporting
Vo be the hCl 'jf exchange and pn>iuLs&«>ry note, or other note for the payment
«f nsKT. </ any person or persona, body corporate, or other banking company
orpniaaahip carrying on the boainesia of bankers, and to l^ yaijmiAfi to the
hiiu m di^Hnd, and shaD nc4 be able to pn jtc that soch plate came into
kiiLkK.tr their poaa€sa<jn with<jQt his, her. or their knowl-^1^ or eriit^ent,
fmf vBon «> c&Ofiaiiz in anv of the cmoka aforesaai'L ai>l Ijeln^ cooiicted
iknrfnDrding \o law. shall for the &r<x iM^foet be iiQpri»>De>l t/r mnv x\tu*i
Bfil ^WiJ^rr-g^ three years ttir le* than r^elve Eijniha, a&i fjr the ^^>aA
ctatt ae cralk^p:rtc*l ^J any ^A Lis Mafr-^'s cc^i^es or (.^antatl* As f ^r tLr:
kmdftfreak
ABf pCrV4MI
vboiball
eagraiTe, ke.
oa my plsf'
any *aliicfT|^
to aii)r biU or
t«iik:r«g cym-
to bearer *ju
ksre m b^
Srtt oA^^ r V
ttaa tw'W'**
I'-r :£^ •«• %r^
CHAPTER Lx::i.
lit H ;i!>e v^ Cocj^:?:a.
of F*r<;«> ;a H.ij
• •• •
A ««.
'***n 'r^
:ci S^:ci *:*^ir •xj»r-:>.
zi.-:t* i:ccc-; w_...-r- ia'* jLr-*r-r. z—'t^rli.'z
"lit "V-'t I >" »♦ r
r „ • ' . . , ' '/ *»"f :u »*.
lie PirfiiUTXisa.
Tir^-
« •
:f 4f.y jer*:n. iurrlr. v
•» •••• •" « n
:iif ihaI '''**^
1
14
41 Qeoboe III. (U. K) c. 68. 78.
A.D. 1801.
in either case,
500/. per day,
and diBquaH-
fication to
hold any pre-
ferment.
limitation of
acdonB.
What proof
shall be neces-
sary.
shall forfeit the sum of five hundred pounds for every day in ^hicfa he shall
sit or vote in the said house, to any person or persons who shall sue for
the same in any of his Majesty's courts at Westminster ; and the money
so forfeited shall be recovered by the person or persons so soiiig^ -with full
costs of suit, in any c^ the said courts, by any action of debt, bill^ plaint, or
information, in which no essoign, privilege, protection, or wager of law; or
more than one imparlance, shall be allowed ; and every person against whom
any such penalty or forfeiture shall be recovered by virtue of this Act^ shall
be from thenceforth incapable of taking, holding, or enjoying any benefice,
living, or promotion ecclesiastical, and of taking, holding, or enjoying* any
office of honour or profit under his Majesty, his heirs, or successors : . . . .
III. Pbovioed also, and be it enacted, that no person shall be liable to any
forfeiture or penalty inflicted by this Act, unless a prosecution shall be
commenced within twelve calendar months after such penalty or forfeiture
shall be incurred.
lY. Akd be it further enacted, that proof of the celebration of divine
service according to the rites of the Church of England, or of ,the Church of
Scotland, in any church or chapel consecrated or set apart for public worship,
shall be deemed and taken to be prim& fade evidence of the fact of suc^
person having been ordained to the office of a priest or deacon, or of his being
a minister of the Church of Scotland, within the intent and meaning of this
Act.
Recital of
±7 Geo. 2.
c. 3.
CHAPTER LXXVIII
An Act to extend the Powers of an Act passed in the twenty-seventh year of
the reign of his late Majesty King Qeorge the Second, intituled ^' An Act
'' for the better securing to Constables and others the Expencea of convey*
" ing Offenders to Gaol, and for allowing the Charges of Poor Persons
" bound to give Evidence against Felons;" and for allowing to High
Constables, in that Part of the United Kingdom called England, their
Charges in certain Cases. [27th June 1801.]
TTTHEREAS by an Act made in the twenty-seventh year of the reign of
^ ^ his late Majesty King George the Second, intituled " An Act for the
'* better securing to constables and others the expences of convejdng offenders
" to gaol, and for allowing the charges of poor persons bound to give evidence
'' against felons," it is enacted, that when any person, not having goods or money
within the county where he is taken, sufficient to bear the charges of himself
and of those who convey him, is conmiitted to gaol or the house of correction,
by warrant from any justice or justices of the peace, then on application by
any constable or other officer who conveyed him to any justice of the peace
for the same county or place, he shall upon oath examine into and Bsoertsin
the reasonable expences to be allowed such constable or other officer, and sbaU
forthwith, without fee 6r reward, by warrant under his hand and seal, order
the treasurer of the county or place to pay the same, which the said treasurer
is hereby required to do as soon as he received such warrant ; and any sum so
paid shall be allowed in his accounts : And whereas it is expedient^ in certain
JLD. 1801.
41 OwtGC IIL (U. K.) c. 7^
IX
oses, that constables specially appMnted by justioast of th« p^ao^ to «^>c««ute
an? warrant or wairante shoold be paid the reasonable charge and exp^nee^
inemred by them, as weU in respect of seardiing for and apprel\ending
offaiders, as in conveying such offenders to gaol : And whereas it ia alm> ex«>
pedient that high constables should, in certain cases, bo alloweil U\e extmotxli-^
nary chaiges and expences by them incurred : May it therefore please your
Majesty that it may be enacted, and be it enacted and doclai>oil by the KingVi
most excellent Majesty, by and with the advice and consent of the U>i>is
smritaal and temporal, and commons, in this present Parliauieut asHeiubled,
ttid by the authority of the same, that from and after the passing of Uur Act
it shall and may be lawful to and for any two justices of the poaco for suy
cwmty, city, division, riding, or place, within that part of the United Kingdom
ofled England, when any person or persons shall have been noitiinatod or
appoiiited a special constable or special constables, for the purpose of executing
any warrant or warrants in any case or cases of felony, to order, by any
wiitiDg or writings imder their hands, such proper allowancoH to ho made tn
ffHjh qiedal consteble or special constables, for his or their exponccH, trouble,
and loBB of time in executing or endeavouring to execute such watTant or
wanantB^ as to him or them shall seem reasonable and necessary ; which iftdBvn
fihaU 1)6 afterwards laid before and submitted, on the oath of such special
eoD^bUe or constables^ to the consideration of the justices assetiiblod at the
wiigeuial quarter sessions of the peace to be holden for such c^mntyi city,
fiviibi, liin^ or place, as the case may be ; and the justices so assemble^l at
soAgeaenl quarter aesaioiis may allow or disallow the whole frr any part fit
|Mii§af such allowanees so ordered by such justices issuing such warrant (rt
wamotB, and shall and nmj theavnpon then order and direct ihe treasurer fm
foA eoonty, dty, dhriaoD, riding, or {dace, to pay such som or sums (4 num^
tomdi special rnnmlaWf or sptoMl oonstaUes as to the «aid justiees m> a^isern-
Ued shall seem ie«Boadbfe and neeesaary ; and sDeh treasurer 5$hall and he is
krebjr otBwwJ'mmI swl leqiiired forthwith to pay the som and sums (4 rt^i^M^
ao ordered and diiccked to be paid to the petaon or pernriAs empowered to
neeiYeltfae aaae; vA soeh treasurer Asdi be allowed the same in his
ittoiiiita
11 Aid be it fivther enitfawt^ tiukt it shall said vta^ be lawful Ho and t<w
taj tynjiMticrn of t^ peace within their respective jurisdictiottR, to order and
direet» by any wrilan^ or writingsi under their haiads, tmeh reasonable and
ncccooaiy aDowviees to be made to aay high eonstahle or hig^ constables few
any eooaty, e^, ^^vi^ihIt ciiiing hundred, or phiee, within that part 6t the
Uniied l^MgAim ealled ff^g***"^^ for any extraordinary expences incun^ by
lum or than bl Ae SBention of their respective duties in any ease or eases of
tniDBb^ lisfc; or fehmy ; wad soeh ordezsi shall l)e laid before and submitted, on
tiie oa& of soeh hi^ esmteble or constables) u\ the consideiution of the jus-
tiees 111 mlihiiT at the: next gemraai quarter s^e^ons of the peace to b^ bnlden
&r mA €BaBtf, city, divisdon, riiiinj^ or place, as the <«me may V : and die
JQBticea SQ aamiiilihiil at such ^^enecai quarter sessions may allow «m- iisatlow* the
wbole or any part or parts of snch ailowanee ^vy orderod, and ^hall and may
tJienordK and diioct the tceasnrer for such county, city, dtv;<df>n nMin^r. •>r
place to jaf ^oeh tflun or snma of money to .4uch h'ujrb ^on«rtiiMe or hiiyh e»^n-
stabks aa ta the saad juatieea do^ assembled :«haU nemn i^'at^iArmbte . 9i\f\ meh
pnitUetl ill
Kttl^lAIIll tft
ffitil^ in eAfli'A
of f«ltHI>'« tttti
jiiMiecfi mnr
alltfwatu'i'fl 4o
\m tttitdi* fill'
Ihelf pipetifi*«
aimI 1o«k (rf
timi*, wliicti
titdt^t nUnW ha
nn}rm\Hi»6 Ui
t\u»Hct tn'n-
in lik4» immn^
amy mr^rr
be omAntn
fOT oMilMVSft'
ilMOftl^d ift the
tlMflT >tsliM iflr
be -tfibniffff^ft
TO <|llftft^
16
41 Gbobgb hi. (U. K;) c. 78, 79.
A-D. 1801
treaaurer shall and he is hereby authorized and required forth^mih to pay tb
sum or sums of money so ordered and directed to be paid, to the person o
persons empowered to receive the same ; and such treasurer ahull be aJUowei
the same in his accounts.
From Aqg. 1,
1801, no per-
son in England
fihall act as a
publiok notary,
unless duly
adniitted,
No person shall
be admitted as
a notary unless
he shall have
served as an
appcentioe
for seven
years ; and if
bound after
Aug. 1, 1801,
unless affidavit
of certain par-
ticulars be
made, which
shall be filed
in the proper
court
CHAPTER LXXIX.
An AcfT for the better Regulation of Publick Notaries in England.
[27th Juno 1801.]
TT7HEREAS it is expedient, for the better preyention of illiterate and in*
^ ^ experienced persons being created to act as or admitted to the faculty
of publick notaries, that the said faculty should be regulated in England : Be it
therefore enacted by the King's most excellent Migesty, by and with the advice
and consent of the lords spiritual and temporal, and commons, in ibis present
Parliament assembled, and by the authority of the same, that from and after
the first day of August one thousand eight hundred and one, no person in
England shall be created to act as a publick notary, or use and exercise the
office of a notary, or do any notarial act, unless such person shall have been
duly sworn, admitted, and inrolled, in manner herein-after directed, in the
court wherein notaries have been accustomarily sworn, admitted, and inroUed.
II. And be it further enacted, that from and after the said, first day of
August one thousand eight hundred and one, no person shall be sworn,
admitted, and inroUed as a publick notary, unless such person shell have bean
bound, by contract in writing or by indenture of apprenticeship, to serve as $
derk or apprentice, for and during the space of not less than seven years^ to
a publick notary, or a person using the art and mystery of a scrivener (acAord-
ing to the privilege and custom of the city of London, such scrivener being
also a publick notary), duly sworn, admitted, and inroUed, and that 0oob
person, for and during the said term of seven years, shall have continued in
suoh service ; and also unless every such person who shall, from and after the
said first day of August, be bound by contract in writing or indenture of
apprenticeship to serve as a clerk or apprentice to any publick notary or
scrivener (being also a publick notary), shall, within three months next after
the date of every such contract or indenture of apprenticeship, cause an affi-
davit to be made and duly sworn by one of the subscribing witnesses, of the
actual execution of every such contract oi: indenture of apprenticeship by such
publick notary or scrivener (being also a publick notary), and the person so to
be bound to serve as a clerk or apprentice as aforesaid ; and in every such
affidavit shall be specified the names of every such publick notary or scrivener
(being a publick notary), and of every such person so bound, and their places
of abode respectively, tc^ther with the day of the date of such contract or
indenture of apprenticeship ; and every such affidavit shall be sworn and filed
within the time aforesaid, in the court where the publick notary^ to whom
every such person respectively shall be bound as aforesaid, shall have been
ixuroUed as a notary, with the proper officer or officers, or his or their re-
spective deputy or deputies, who shall make or sign a memorandum of the day
ot filing every such affidavit on the back or at the bottom of such contract or
indenture.
11). 1801.
41 Geobge III. (U. K.) c 79.
17
III. And be it further enacted, that no person who shall, afler the said first
day of August, become bound as aforesaid, shall be admitted or inroUed a
paUiek notary in the Court of Faculties for admitting and inroUing publick
notaries, before such affidavit shall be produced and openly read in such court,
at the time of such person's admission and inrolment.
IV. Akd be it further enacted, that the following persons shall be deemed
and taken to be the proper officers for taking and filing such affidavits ; (that
is to say) the master of the Faculties of his grace the lord archbishop of
Canterboiy in London, his surrogate or commissbner&
Y. And be it further enacted, that the officer filing such affidavits as afore-
sud shall keep a book, wherein shall be entered the substance of such affidavit,
sperifying the names and places of abode of every such publick notary and
Asxk or person bound as aforesaid, and of the person making such affidavit,
with the date of the contract or indenture of apprenticeship in such affidavit
to be mentioned, and the days of swearing and filing every such affidavit re-
spectively ; and such officer shall be at liberty to take, at the time of filing
e?eiy such affidavit, the sum of five shillings, and no more, as a recompence
for his trouble in filing such affidavit ; and which book shall and may be
sevcfaed, in office hours, by any person or persons whomsoever, upon payment
(^ one shilling for such search.
VIL And be it further enacted, that every person who shall, from and after
tlie Slid first day of August, become bound by contract in writing or indenture
otippeaiiceehip to serve any publick notary as hereby directed, shall, during
tie riiole time and term of service to be specified in such contract or indenture
of apprenticeship, or during the time and space of seven years thereof at least
(if bound for a longer term than seven years) continue and be actually employed
by such publick notary or scrivener (being also a publick notary) in the proper
bofliiiess, practice, or employment of a publick notary.
Yin. Pbovided always, and be it further enacted, that if any such publick
nofauy or scrivener (being also a publick notary) to or with whom any such
person shall be bound, shall happen to die before the expiration of such term,
or shall discontinue or leave off such his practice as aforesaid ; or if such
oontract or indenture of apprenticeship shall, by mutual consent of the parties
be cancelled ; or in case Such derk or apprentice shall be legally discharged
before the expiration of such term, and such clerk or apprentice shall, in any
of the said cases, be bound by another contract or contracts, indenture or
indentures in writing, to serve, and shall accordingly serve in manner herein-
before mentioned, as derk or apprentice to any such publick notary or scrivener
(being also a publick notary) as aforesaid, during the residue of the said term
of seven years, then such service shall be deemed and taken to be as good,
effectual, and available as if such clerk or apprentice had continued to serve
as a derk or apprentice for the said term of seven years to the same person to
whom he was originally bound ; so as an affidavit be duly made and filed of
the execution of such second or other contract or contracts within the time
and in like manner as is herein-before directed concerning such original
contract
IX. And be it further enacted, that every person who, from and after the
said first day of August, shall become bound as derk or apprentice as aforesaid,
VOL. IV. B
AiBdayit to
be read on
admission of
all persons
bound after
Ang. 1, 1801.
Officers for
taking and
filing affidavits.
Officer filing
affidavits to
enter the sub-
stance in a
book, and may
take 5s, for
filing the same.
Book may be
aaarched for 1«.
Apprentice to
be actually em-
ployed seven
years in the
business.
If any master
shall die, or
leave off prac-
tice, or any
indenture shall
be cancelled
by mntuid con-
sent, or any
apprentice
shall be legally
discharged, in
such cases, if
apprentices
serve the resi-
due of seven
years with
other masters,
it shall be
effectual if an
affidavit be
filed of the
second con-
tract
Apprentices
bound after
Aug. 1, 1801,
18
41 George III. (U. K) c. 79.
A.I>. 18«
before admis-
elon, to file
affidayits that
they haye
really seryed
seyeii years.
If any notary
shall act as
snch, or per-
mit his name
to be Qsed for
the profit of
any person not
entitled to act
as a notary, he
shall be stmck
off the roll.
Persons apply-,
ingforauculty
to become no-
taries within
the jurisdiction
of the company
of scriyeners,
shall preyionsly
take their
freedom of the
company.
Act not to
extend to
proctors in
ecclesiastical
courts, secre-
taries to
bishops, &c.
shall, before he be admitted and inroUed a publick notary according to thi
Act, make before and file with the proper officer herein-before for tiiiat pm
pose mentioned or cauBe the publick notary to whom he was bound to male
and file an affidavit that he hath actually and really served and bee]
employed by such practising publick notary, to whom he was bound as aibre
said, during the whole term of seven years, according to the true intent an(
meaning of this Act
X And be it further enacted, that firom and after the said first day d
August, if any publick notary shall act as such, or permit or suffer his name to
be in any manner used for or on account or for the profit and benefit of any
person or persons not entitled to act as a publick notary, and complaint -shall
be made in a summary way to the Court of Faculties wherein he hath been
admitted and inroUed, upon oath, to the satisfetction of the said court, that
such notary hath offended therein as aforesaid, then and in such case every
such notary so offending shall be struck off the roll of faculties, and be for ever
after disabled from practising as a publick notary, or doing any notarial act,
save and except as to any allowance or allowances, sum or sums of money, that
are or shall be agreed to be made or paid to the widows or children of any
deceased publick notary or notaries, by any surviving partner or partners of
such deceased notary or notaries.
XIIL And whereas the incorporated company of scriveners o£ London, by
virtue of its charter, hath jurisdiction over its members being resident within
the city of London, the liberties of Westminster, the borough of Southwarli^
or within the circuit of three miles of the said city, and hath po^ver to make
good and wholesome laws and regulations for the government and control o(
such members and the said company of scriveners practising within the afore-
said limits, and it is therefore expedient that all notaries resident within tbd
limits of the said charter should come into and be under the jurisdiction of the
said company : Be it therefore enacted, that all persons who may hereafter
apply for a faculty to become a publick notary and practise within the city of
London and the liberties thereof, or within the circuit of three miles of the
same dty, shall come into and become members and take their freedom of the
said company of scriveners, according to the rules and ordinances of the said .
company, on payment of such and the like fine and fees as are usually paid
and payable upon the admission of persons to the freedom of the said company,
and shall, previous to the obtaining such faculty, be admitted to the freedom
of the said company, and obtain a certificate of such freedom duly signed by
the derk of the same company for the time being, which certificate shall be
produced to the master of faculties, and filed in his office prior to or at the
time of issuing any faculty to such person to enable him to practise within
the jurisdiction of the said company.
XIV. Pbovtded nevertheless, and it is hereby enacted, that nothing in this
Act contained shall extend, or be construed to extend, to any proctor in any
ecclesiastical court in England ; nor to any secretary or secretaries to any bishop
or bishops, merely practising as such secretary or secretaries ; or to any other
person or persons necessarily created a notary publick for the purpose of holding
or exercising any office or appointment, or occasionally performing any publick
duty or service under government, and not as general practitioner or prac-
1.D.180I.
41 George III. (U. K.) c. 79, 86.
19
titioners ; anything herein-before contained to the contrary notwithstanding :
PrDvided always, that nothing herein contained shall extend, or be construed
to exempt any proctor, being also a pnbUck notary, from the pains, penalties,
forfeitaies, and disabilities by this Act imposed upon any publick notaiy who
ahali permit or suffer his name to be in any manner used for or on account or
finr the profit and benefit of any person or persons not entitled to act as a
pabfick notary.
Limitation of
aetions.
XVI. And be it further enacted, that all pecuniary forfeitures and penalties BecoTeijr and
imposed on any person or persons for offences committed against this Act shall penalties.
aod may be sued for and recovered in any of his Majesty's courts of record at
Westminster, by action of debt, bill, plaint, or information^ wherein no essoigu,
protection^ privilege, wager of law, or more than one imparlance, shall be
allowed, and wherein the plaintiff*, if he or she shall recover any penalty or
penaltieSy shall recover the same for his or her own use, with full costs of suit.
JLYlI. Akd be it further enacted, that if any action or suit shall be brought
or commenced for any thing done in pursuance of this Act, every such action or
suit shall be commenced within three calendar months next after the fact
eommitted, and not afterwards, and shall be laid and tried in the county
wherein the cause pf action shall have arisen, and not elsewhere ; and the
defendant or defendants in such action or suit shall and may plead the general General iarae.
noe, ad pve this Act and the special matter in evidence at any trial to be
had therei^pon, and that the same was done in puimiance and by the authority
cfOmAct; and if the same shall appear to have been so done, or if any
action or soit shall be brought after the time limited for bringing the same, or
s&all be laid in any other county or place than as aforesaid, then the jury shall
find fat the defendant or defendants ; and upon such verdict^ or if the plaintiff or
jdatBtijflb shall be nonsuited^ or suffer a discontinaance of his^ her, or their action or
suit after the defendant or defendants shall have appeared, or if upon demurrer judge-
nait shall be given against the plaintiff or plaintiffs, the defendant or defendants shall
ha^re treble costs, and shall hare snch remedy for the same as any defendant or Treble coau.
ddendants hath or hare for costs of suit in any other case by law. {Bep., 5k6 Vict.
c 97. 8. 2.]
AVJLlL Akd be it fiirther enacted, that this Act shall be deemed, adjudged, Fnblick Act
and taken to be a publick Act, and shall be judicially taken notice of as such
by aD jtidges, justices, and other persons whomsoever, without specially
pleading the sama
CHAPTEB LXXXV.
Ax Act for better Payment of Fines and Forfeitures imposed by Justices out
of Session, in England. [27th June 1801.]
F^B the better bringing to account and tnalcing payment of such share of
fines, forfeitures, and penalties due to his Majesty, which are not by law
pay&Ue to any particular persons, commissioners, or others^ levied before
joataoes <^ the peace acting out of session ; be it enacted by the King's most
excellent Majesty, by and with the advice and consent of the lords spiritual
and temporal, and commons, iq this present Parliament assembled, and
hy the anthority of the same, that from and after the passing of this Act,
B 2
20
41 George III. (U. K.) c. 85, 86.
A.D. 1801.
Any jttstice in
England out of
session may
receive and
give a receipt
for fines and
forfeitures im^
posed by him
or any other
justice, which
are not payable
to anybody
corporate, &c.
or other person;
and shall enter
an account
thereof in a
book in man-
ner herein
directed.
The justice
shall also trans-
mit an account
of such fines,
&c. to the clerk
of the peace or
town clerk.
Where two
justices shall
impose fines,
the account
shall be kept
by the one
resident at the
place of adjudi-
cation, &c.
it shall be lawful for eveiy justice of the peace acting out of session for any
county, riding, city, borough, division, or place, in England, to receive all fines,
forfeitures, and penalties imposed by him or any other justice of the peace as
aforesaid acting out of sessions, and not made payable to any body or bodies
corporate or any commissioners of any publick boards or any other person or
persons, and to give receipts for the same, which receipts shaJl be a sufficient
discharge to the parties by whom the said fines shall be payable ; and every
such justice shall, by himself or derk, keep an account in a book, to be pro*
vided for that purpose^ of the amount of every fine, forfeiture, or penalty,
which shall have been set or imposed by any adjudication or order made by
every such justice, specifying the place and time and manner of such adjudica-
tion or order, the nature of the offence, and the Act or Acts under which the
same was adjudged, and the name or names of the person or persons ' on whom
such fine, forfeiture, or penalty was set or imposed ; distinguishing -whether
the same was paid or levied, and what part or share thereof, if any, has been
or shall be paid or payable to any body or bodies corporate, commissioners^ or
person or persons, with the name and description of such body or bodies,
commissioners, person or persons, and the authority under which he, she, or
they claimed such part or share ;
II. And be it farther enacted,' that anj justice of the peace shall, previous to the
Michaelmas sessions, annually transmit to the derk of the peace of the county, cify, or
town, or clerk of the town within which such fine, forfeiture, or penalty shall have
been imposed, an account in writing, stating the several fines, forfeitures^ and penalties
which have been imposed bj him, and shewing which have been received by him, and
from whom, and for what offences ; {Rep., Stat. Law Rev. Act, 1872. J ......
• • • a
III. Akd be it further enacted, that as often as two' or more justices sfasD
act together in setting or imposing any fine, forfeiture, or penalty, then the
said account shall be kept by such one of the said
two or more justices, as shall reside at or near the place where such' adjudica-
tion or order was made, or at or nearest the place where such general quarter
sessicms shall be held.
w
CHAPTER LXXXVL
An Act for granting to his Majesty additional Stamp Duties on Cards and
Dice ; on Probates of Wills ; on certain Indentures, Leases, Bonds, or
other Deeds ; and on Ale Licencea [2d July 1801.]
Most gracious Sovereign,
^E, your Majesty's most dutiful and loyal subjects, the commons of the United
Emgdom of Great Britain and Ireland, in Parliament assembled^ towards
raising the necessary supplies to defray your Majesty's publick ezpences, and making
a permanent addition to the publick revenue, have freely and voluntarily resolved to
give and grant unto your Majesty the duties herein-after mentioned ; and do most
humbly beseech your Majesty that it may be enacted, and be it enacted by the Sling'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 following the same, that, from and after the respective times herein-after mentioned, there shall
stamp du^ to be raised, levied, collected, and paid, throughout the kingdom of Great Britain, unto
Bri^iSn-"^z^* *°^ ^^^ ^^® "®® ^^ ^^^ Majesty, his heirs and successors, the several and respective
' *' rates and duties following ; (that is to say),
AJ). 1801. 41 Geobge UL (U. K.) c. 86, 88. 21
For ereij akin or piece of vellum or parcbment, or sheet or piece of paper upon on probates of
which sbtU be ingrossed, written, or printed, in jGreat Britain, odj probate of a will, ^iU>> or letters
orl€tteraofadininifltration,IRep., Stat. Law Rev. Act, 1861.J of administra-
II. And be it further enacted, that all the said duties ^°.'
berets granted shall be under the government, eare, and management of the commis- ^'^^^^ ^
aoBkt for the time bring appointed to manage the -duties charged on unstamped ^g^n^of^
ir8/IbiD|puchment,attdpaper,IBep., Stat. Law Rev. Act, 1861.J the commis.
in. And whereas it is expedient that the duties payable in respect of g{^|^^
probates or letters of administration should not be paid more than once on the
same estate : Be it therefore enacted, that it shall be lawful for the said com- The commis-
nuasioners of stamps and they are hereby authorized and required to provide videTstwnir"
a stamp or mark distinguishable from all other stamps or marks used in rela- for markmff
tion to any stamp duties, for the purpose of stamping or marking any piece SSs^iettere
of vellum, parchment, or paper, whereon any probate of any will or letters of «/ administra-
administration shall be ingrossed, printed, or written, in relation to any estate to^y estafe
in respect whereof any probate or letters of administration shall have been in r«p«st
before taken out, and the full amount of the duties payable thereon by any probates or^
Act or Acts of Parliament then in force, according to the full value of such ^*?®" ^.^'
estate, shall have been <luly paid and discharged ; and in every case where shaU have been
any probate or probates, or letters of administration, shall have been taken ^^^^^°
oat, duly stamped according to the full value of the estate in respect whereof duties then
the ame shall have been granted, then and in such case any further or ^J^^ ?^'
other probate or letters of administration as aforesaid, which shall be at any
time thereafter applied for or in respect of such estate, shall and may be
mned and granted upon any piece of vellimi, parchment^ or paper, stamped
or marked with the stamp or mark provided by the said conmiissioners by
yirtoe of this Act, for such other probates or letters of administration as
aforesaid ; and every such other probate or letters of administration which and sach
ahall be duly stamped or marked with such stamp or mark as last aforesaid, b^w^^f '^
shall he as available in the law^ and of the like force and effect in all respects stamped Oiere-
whatever, as if the vellum, parchment, or paper whereon the same shall be demedTdu^
ingroesed, printed, or written, had been duly stamped with the stamp or mark^ stamp^.
deleting the full amount of the duties payable in respect of the probate or
letters of adininistration taken out on the full value of such estate ; any thing
in any Act or Acts or tins Act before contained to the contrary thereof in
anywise notwithstanding.
CHAPTER LXXXVIIL
A5 Act for . providing Acconmiodations in Assize Towns for the Judges in
Ireland, where such Accommodations are not already provided
[2d July ISai.]
Most gracious Sovereign,
Al/ Jfi, your Majesty's most dutiful and loyal subjects, the commons of the
' ^ United Kingdom of Qreat Britain and Ireland, in Parliament assembled,
having taken into consideration the expediency of providing accommodations
in all such cities aud towns in Ireland, in which assizes and commissions of
oyer and terminer and gaol delivery are held, where such accommodations are
not already sufficiently provided, for the judges of assize who shall be appointed
22
41 Geoege IIL (U« E.) c. 88, 9a
JLD« 18Dt
Thesherifb
in Ireland*
shall, at every
assizes, provide
suitable ac-
commodations
for the judges,
^d discharge
the ezpences
thereof.
Judges to
examine and
certify the ac-
count of such
exp^ioeshefore
payment.
Such ezpences
to be a charge
on the consoli-
dated fond of
Ireland, and
not to exceed
20/. at one
assize.
to hold the assizes in the several eoimtieB, counties of cities, and (^unties of
towns, within their ^respective circuits throughout Ireland, and for their
servants, horses^ and carriages, do most humhly beseech your Majesty that it
may be enacted, and be it enacted by the Eong's most excellent Mcgesty, bj
and with the advice and consent of the lords spiritual and tempozal, and
conmions, in this present Parliament assembled, and by the authority of the
same, that the several sheriffs in Ireland, in their respective counties^ shall, at
every assizes and gaol delivery in such towns where the same shall be lield,
and where such accommodations are not already and shall not continue to be
sufficiently provided, provide sufficient and suitable furnished apartments for
the lodging and accommodation of the judges of as^e, and of oyer and
terminer, and gaol delivery, and their respective servants, and stables for their
horses, and coach-houses or other fit places for their carriages, during the
continuance of such assizes, and shall pay and discharge all expences attending
the same.
IL And be it enacted, that such sheriffs respectively shall, at the end of
every assizes or gaol delivery, make out an accotmt of the expenoe which shall
be incurred by the means aforesaid ; and the several judges of assize and gaol
delivery respectively are hereby required to examine into the same, and to
certify thereon the amount of the expences which such sheriff ought reasonably
to pay in respect of the matters aforesaid
IIL And be it enacted, that such sums as shall have been so certified shall
be a charge on the consolidated fund of Ireland, and shall be paid to the
respective sheriffs thereout, and upon production to the commissioners for the
time being for executing the office of lord high treasurer of Ireland of such
certificates as aforesaid, such sums shall be issued and paid by virtue of ibis
Act to the several sheriffs who, by such certificates, shall appear to be entitled
thereto respectively, without any further warrant on that behalf : Provided
always, that no greater sum than twenty pounds shall be allowed or paid for
such expences as aforesaid, at one assize or gaol delivery.
When, upon
any account
declared or
recorded in
the Court of
Exchequer in
England, or
on judgement
of that court,
CHAPTER XC.
An Act for the more speedy and effectual Recovery of Debts due to lis
Majesty, his Heirs and Successors, in right ^oi [the Crown of the United
Kingdom of Great Britain and Ireland ; and for the better Administration
of Justice within the same. [2d July 1801.]
EGR the more speedy and effectual recovery of debts due to his Majesty,
his heirs and successors, in right of the imperial crown of this realm, and
for the letter administration of justice within the same, be it enacted by
the King'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, from and after the passing
of this Act, in all cases where, upon any account duly audited, declared, or
recorded in his Majesty's Court of Exchequer in that part of the United
Kingdom of Great Britain and Ireland called England, or upon any judgement
or decree of the same Court of Exchequer, any debt or duty shall be due Ui
his Majesty, his heirs and successors, a copy of such dedared account, judg^
A.D, 1801.
41 Geoege III. (U. K.) c 90.
23
mmt, or decree, shall npon application to the said court made on behalf of
his Majesty^ his heirs and successors, be forthwith exemplified and transmitted
wtukat the seal of the said Court of Exchequer to his Majesfy^s Court of
Exchequer in that part of the said United Kingdom called Ireland ; which said
last mentioned court shall, upon the said copy so exemplified being laid before
them, forthwith cause the same to be inrolled in the roHs of the said Court
of Exchequer in Ireland ; and upon the same being so inrolled, the said court
shall cause process to issue for levying and recovering the debt due on such
declared account, or for which such judgement or decree shall have been so
obtained, as well against the person of the debtor upon such declared account,
or against whom such judgement or decree shall have been so obtained, as
against his real and personal estate, situate, lying, and being in that part of
the United Kingdom called Ireland, as fully and effectuaUy to all intents and
purposes as by the course and practice of his Majesty's Court of Exchequer
in that part of the said United Kingdom called England is or may be now
awarded and issued by the same court
n. And be it further enacted, that the sheriff or other proper oflScer to
whom 8ach process shall be so directed, shall be compelled to account to the
8ud Court of Exchequer for the due execution of such process ; and the
(hEDttllor and barons of the said court shall take care that all monies levied
\jy^nitQe of such process shall be duly paid into the receipt of the Exchequer
mIidaDd,and the lord high treasurer of Ireland or lords commissioners for
oecntiflgihe office of lord high treasurer therein shall, so soon as conveniently
luj be, cause the same to be remitted and paid into the receipt of the
inbequer in that part of the United Kingdom called England.
ni Akd be it farther enacted, that from and after the passing of this Act,
in aD the cases where, upon any such declared account duly recorded in his
Ifajesty's Court of Exchequer in that part of the United Kingdom of Qreat
BriWn called Ireland, or upon any judgement or decree obtained in the said
Court of Exchequer in Ireland, any debt shall be due to his Majesty, his heirs
Md successors, a copy of such declared account, ^^dgement, or decree, shall,
opoQ application to tiie said court made on behalf of his Majesty, his heirs
Mid successors, be forthwith exemplified and transmitted under the seal of the
8iid Court of Exchequer to his Majesty's Court of Exchequer in that part of
Qi^t Britain called England ; which said last mentioned court shall, upon
the said copy so exemplified being laid before them, forthwith cause the same
to be inrolled in the roUs of the said Court of Exchequer in England ; and
npon the same being so enrolled, the said court shall cause process to issue for
levying and recovering the debt due upon such declared account, or for which
^ch judgement or decree shall have been so obtained, as well against the
person of the debtor against whom judgement or decree shall have been so
obtained, as against his real and personal estate, situate, lying, and being in
tbt part of ti^e United Kingdom called England, as fiilly and effectually to
&II intents and purposes, as by the usage and practice of his Majesty's Court
of Exchequer in that part of the said Ignited Kingdom called Ireland is or
may be now awarded and issued by the said court
IV, And be it further enacted, that the sheriff or other proper officer to
whom such process shall be so directed, shall be compelled to account to the said
Court of Exchequer for the due execution of such process ; and the chancellor
any debt shall
be dae to bis
Mi^eftyy a
copy of such
account, &c.
shall, on appli-
cation, be ex-
emplified and
transmitted to
the Court of
Exchequer in
Ireland, where
it shall be in-
roUed, and
process issued
against the
debtor's body
and effects
there.
Sheriff to ac-
count for the
due execution
of the process ;
and the debt,
when recovered,
to be remitted
to the Ex-
chequer in
England.
In like manner
where, on any
such declared
account re-
corded in the
Court of Ex-
chequer in
Ireland, or on
judgement of
that court, any
debt shall be
due to his
M^esty, the
same regular
tions shaU be
observed for
the recovery
thereof in
England.
Sheriff to ac-
count for the
due execution
of the process ;
24
41 George III. (U. K.) c. 90.
A.D. J801,
and the debt,
whenrecoveredy
to be remitted
totheEz-
cheqaer in
Ireland.
Where, in any
suit betweoi
party and
party, or in
any proceeding
in eases of
minors, &c.,
orders shall
be made for
payment of
money, &c.,
by the Conrt
of Chancery in
England, a
copy thereof
shaU be eerti-
fled to the
Conrt of Chan-
cery in Ireland,
where it shall
be inroUedf and
process shall
be issued to
enforce obe-
dience, &c. ;
and where
audi orders
shall be made
by the Court
<n Chancery
in Ireland, a
copy thereof
shall be certi-
fied to the
Court of Chan-
cery in Eng-
land, where it
shall be in-
rolled, and
process shall
be issued to
enforce obe-
dience, &0.
and barons of the said court shall take care that all monies levied by virtue
of such process shall be duly paid into the receipt of the Exdiequer in England,
and the lord high treasurer of England or lords commissioners for executing
the office of lord high treasurer therein shall, so soon as ^nveniently may be,
cause the same to be remitted and paid into the receipt of the Exchequer of
that part of the United Kingdom called Ireland.
y. Anx> be it further enacted, that in cases where, in any suit betvreen party
and party, or in any matter or proceeding by petition in cases of minors^ bank-
rupts, idiots, or liinaticks, any decree shall be pronounced or any order made
for payment or for accounting for money by the high Court of Cfaanceiy in
that part of the United Kingdom called England, the lord chancellor, lord
keeper, or lords commissioners for the custody of the great seal of England
for the time being respectively shall,, upon application made to him or them
respectively, cause a copy of such order or decree to be exemplified and cer-
tified to the Court of Chancery in that part of the United Kingdom called
Ireland, under the great seal of England; and the lord chancellor, lord
keeper, or lords commissioners for the custody of the great seal of Ireland,
shaU forthwith cause such order or decree, when it shall be presented to them
respectively so exemplified, to be enrolled in the rolls of the high Court of
Chancery in Ireland, and shall cause process of attachment and committal
to issue against the person of the party against whom such order or decree
shall have been made respectively, in order to enforce obedience to and per-
formance of the same, as fiilly and effectually, to all intents and purposes, as
if such order or decree had been originally pronounced in the said Court of
Chancery in Ireland ; and it shall and may be lawful to and for the lord chas-
cellor, lord keeper, or lords commissioners of the great seal of Ireland for the
time being from time to time to make orders upon petition, as the occasion
may require, for payment of money levied under such process as aforesaid into
the Bank of Ireland, with the privity of the accountant general of the said
court, to the credit and for the benefit of the party who shall have obtained
such order or decree ; and^he governor and company of the Bank of Ireland
are hereby authorized and required to receive and hold aU such monies, subject
to the orders of the said Court of Chancery : Provided always, that no such
monies shaU be charged with or subject to poundage for the usher of the said
Court of Chancery in Ireland, when the same shall be paid out by order of the
said court.
VL And be it further enacted, that in all cases where, in any suit between
party and party, any decree shall be pronounced or any order made for pay-
ment of or for accounting for money by the high Coiurt of Chancery in that
part of the United Kingdom called Lreland, the lord chancellor, lord keeper, or
lords commissioners for the custody of the great seal of Ireland for the time
being respectively, shall, upon application made to him or them respectively,
cause a copy of such order or decree to be exemplified and certified to the
Court of Chancery in that part of the United Kingdom called England, under
•the great seal of Ireland ; and the lord chancellor, lord keeper, or lords com-
missioners for the custody of the great seal of England, shall forthwith cause
such order or decree, when it shall be presented to them respectively so ex-
emplified, to be enrolled in the rolls of the high Court of Chancery in Eng-
land, and shall cause process of attachment and committal to issue against the
JLD. 1801.
41 George III. (U. K.) c 90, 103.
25
person of the party against whom such order or decree shall have been made
respeciiTety, in order to enforce obedience to and performance of the same, as
folly and cdTeetnally, to all intents and purposes, as if such order or decree had
been originally pronounced in the said Court of Chancery in England ; and it
shall and may be lawful to and for the lord chancellor, lord keeper, or lords
eofmmiaaioners of the great seal of England for the time being from time to
time to make orders upon petition^ as the occasion may require, for payment
of money levied under such process as aforesaid into the Bank of England, with
the privity of the accountant general of the said court, to the credit and for
the benefit of the party who shall have obtained such order or decree ; and
the govenior and company of the Bank of England are hereby authorized and
rajmied to receive and hold all such monies^ subject to the orders of the said
Court d Chancery : Provided always^ that no such monies shall be chained
irith or snbject to poTrndage, when the same shall be paid out by order of the
aid court
IL Akd for the better and more effectual proof of the statute law of the
kingdoms of Great Britain and Ireland, and of England and Ireland, previous
io Ik miion of the said kingdoms, in all courts of civil and criminal jurisdic-
&n in every part of the said United Kingdom ; be it enacted, that the copy
of Ae statutes of the kingdom of England, and of the kingdom of Great Britain
nnoB the union with Scotland, printed and published by the printer duly
aotlMriKd to print and publish the same by his Majesty, or 1^ any of his
Topl predeoeflsorSy shall be received as ccmclusive evidence of. the several
sMba made and enacted prior to the union of the kingdoms of Great Britain
ttd Ireland by the Parliaments of England and Ghreat Britain respectively, in
aD soitB^ aetiona, or prosecutions respectively commenced, instituted, or carried
on, or to be oommeDoed, instituted, or carried on in any court of civil or crimi-
aal jurisdiction in that part of the United Kingdom called Ireland ; and in
like manner the copy of the statutes of the kingdom of Ireland, made and
eoacted by the Parliament of the same prior to the imion of the kingdoms of
Great Britain and Ireland, and printed and pabHshed by the printer duly
aothoriied by his Majesty, or any of his royal predecessots, to print and pub-
lisli the same, shall be received as condnaive evidoice of the several statates
made and enacted by the Parliament of Ireland prior to the union of the
kii^oms of Great &itain and Ireland, in all tmiB, actions, or prosecutions
reflpectivdy eonmieneed, institoted, or carried on, or to be commcpeed, insti-^
toted, or earned on in any eoort of civil or criminal jurisdiction in that part
of the United Kingdom called Great Britain.
The itotote* ot
Eoglaiid and of
Great Britstn,
printed and
pobliilifld bj
the printer
doJy aittliorbed
hr luf Kajcrtj
•ball be re-
erideoeem
any court in
Irdaod,aad
tbe itatntifiof
Irdaod prior
totiieiittMHi,
•o printed and
beerideneeni
any eovft n
Great BrnauL
CHAPTER CIIL
As Act to empower His Miyesty to r^nkte the Trade and Commeroe to and
hnm ihe Isle of Maha imftfl the signing a Definitive Trea^ of Peace, and
from dienee ontfl Six WedLs cfta* the next Meeting of Pariiaroent;
and to dedare the Ue of Maha to be Part of Emope. [2d July 18<IL]
XT71SEBEAS the idand of Maha, with the dependenci^ thereof, are notr
Tf ;» #1,
indie
of his Majesty,
26
41 George III. (U. K) c. 103, 105, 109.
A.I>. 1801.
Malta BhaU be HJ. And be it fiirther enaeted, that the said island of SCalta and depen-
Bwope. ^ dencies thereof shall be deemed, taken, and construed to be part of !Earope
for all purposes, and as to all matters and things whatever ; any law^ or Jaws,
usage or custom, or Act or Acts, to the contrary thereof notwithstanding;
Jadges of
Scotland or
Ireland to
whom peti-
tions for bills
respecting
lands may be
referred by
the House of
Lords, may
examine wit-
nesses on oath.
CHAPTER CV.
I
An Act to authorise the Judges to whom Petitions for certain Bills shall be
referred, to examine Witnesses upon Oath. [2d July 1803. J
llTHEREAS it is expedient that the judges to whom any petition for any
^^ bill concerning lands or hereditaments in that part of the United
Kingdom called Irekmd, or concerning lands, hereditaments, or other heritable
subjects in that part of the United Kingdom called Scotland, shall be referred
by the lords spiritual and temporal in Parliament assembled, should be autho-
rized to admimster an oath to all such witnesses as may be exaonined before
them touching the matter of such petition : May it therefore please your
Majesty that it may be enacted, and be it enacted by the King's most excel-
lent 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 it shall be lawful for any one or more of the said
judges of that part of the United Kingdom called Scotland, to whom any
petition for any bill concerning lands, hereditaments, or other heritable
subjects in ihat part of the United Kingdom called Scotland, shall be referred
by the lords spiritual and temporal, in Parliament assembled, and for any one
or more of the judges of that part of the United Kingdom called Ireland, to
whom any such petition concerning lands or other hereditaments in that part
of the United Kingdom called Ireland shall be referred as aforesaid, to ex-
amine upon oath all such witnesses as shall be produced before them touching
the matter of such petition and reference, and for that purpose to administer
an oath accordingly ; and every oath which shall be so taken shall be as avail-
able and effectual to all intents and purposes, and every person who shall take
such oath shall be punishable for any false evidence he shall give under such
oath^ in the same manner as if the said oath had been administered to the
witness taking the same at the bar of the House of Lords.
CHAPTER CIX,
An Act for consolidating in One Act certain Provisions usually inserted in
Acts of Inclosure ; and for facilitating the Mode of proving the several
Facts usually required on the passing of such Acts. [2d July 1801.]
llTiUfiKEiAS in order to diminish the expence attending the passing of
^^ Acts of Inclosure it is expedient that certain clauses usually contained
in such Acts should be comprised in one law, and certain regulations adopted
for facilitating the mode of proving the several facts usually required by
Parliament on the passing of such Acts : May it therefore please your Majesty
that it may be enacted, and be it enacted by the King's most excellent
Majesty, by and with the advice and consent of the lords spiritual and
JLD. 1801.
41 GteoBOE IIL (U. K) c. 109.
27
Umfonlf and commons, in this present Parliament assembled^ and by the
anthoritjr of the same, that no person shall be capable of acting as a commis-
aoner m the execution of any of the powers to be given by any Act hereafter
to be passed for dividing, allotting, or inclosing any lands or grounds, except
the power of signing and giving notice of the first meeting of the commis-
dooer or commissioners for executing any such Act^ and of administering the
oath or affirmation herein-after directed, untU he shall have taken and sub-
setibed tiie oath or affirmation following :
« T AR do swear [or, being one of the people called Quakers, do solemnly
* -*- affirm], that I will faithftdly, impartially, and honestly, according to the
' best of my skill and ability, execute and perform the several trusts, powers,
* and authorities vested and reposed in me as a commissioner, by virtue of
' an Act for [here insert the title of the Act], according to equity and good
* ooDseienoe, and without favour or affection, prejudice or partiality, to any
* person or persons whomsoever. So help me GOD.'
l^uch oath or affirmation it shall be lawful for any one of the commissioners,
'where more than one shall be appoints by any such Act, or any one justice
of the peace for the county within which the said lands or grounds shall be
flitoated, where only one commissioner shall be so appointed, to administer,
ind ihej are hereby respectively required to administer the same ; and the
tti&Qilihor affirmation so to be taken and subscribed by each conmussioner,
aodakolihe appointment of every new commissioner, shall be annexed to and
innDed with the award of any commissioner or commissioners, and a copy of
flemrohnent thereof shall be admitted as l^al evidence.
H Akd be it further enacted, that every person appointed a commissioner
IB or by virtue of any such Act, who shall refuse or decline to act as such,
diiD forthwith give notice in writing to the other commissioner or commis-
fl<»ef8 of his intention to refuse or decline acting as a commissioner : Pro-
nded always, that no such commissioner shaJl be capable of being a purchaser
of any part or parts of the lands, tenements, or hereditaments within any
pingh in which the lands and grounds intended to be inclosed are situate,
either in his own name or in the name or names of any person or persons,
until five years after the date and execution of the award to be made by any
aacfc eommissioner or commissioners.
m And whereas disputes or doubts may arise concerning the boundaries
of parishes, manors, hamlets, or districts, to be divided and inclosed, and of
piiidies, manors, hamlets, or districts adjoining thereto: Be it therefore
enacted, that the commissioner or commissioners appointed in or by virtue of
any sueh Act shall, and he or they is and are hereby authorized and required,
by examination of witnesses upon oath or affirmation (which oath or affir-
mation any one of such commissioners is hereby empowered to administer),
and by such other legal ways and means as he or they shall think proper, to
aiqiiire into the boundaries of such several parishes, manors, hamlets, or
districts ; and in case it shall appear to such commissioner or commissioners
that the boundaries of the same respectively axe not then sufficiently ascer-
tained and distinguished, such commissioner or commissioners shall and he or
they is and are hereby authorized and required to ascertain, set out, deter-
mine, and fix the same respectively ; and after the said boundaries shall be so
aaoertained, set out^ determined, and fixed, the same JshaU and are hereby
No person
flhaU act as a
commissioner
under any
fntore Act for
inclosing lands,
except toT the
purpose of
Bipning notice
of first meeting
and administer-
ing the oath,
until be shall
have taken the
oath herein
mentioned.
Oaths and ap-
pointment of J
new commis-
sioners to bo
inrolled with
the award, and
a copy of the
inrolment
admitted as
evidence.
Conunissioners
declining to act,
to give notice
of such inten-
tion to the
other commis-
sioners; and
no commis-
sioner shall
purchase any
lands within
any parish in
which the in^
closures ^e to
be made for a
limited time.
Commissionen
shall inquire
into the boun-
daries of par-
ishes, and if
not sufficienUy
ascertained,
they shall fix
them, giving
previous notice
of their inten-
tion so to do.
28 .41 George IIL (U. K.) c 109. A.D. 1801
declared to be the boundaries of such parishes, manors, hamlets^ or districts j
Provided always, that such commissioner or commissioners (before lie or they
proceed to ascertain and set out the boundaries of such parishes^ manors,
hamlets, or districts) shall and he or they is and are hereby required to give
publick notice, by -writing under his or their hands to be aflixed on the most
publick doors of the churches of such parishes, and also by advertiflement to
be inserted in some newspaper to be named in such Act, and also by writing
to be delivered to or left at the last or usual places of the abode of the respec-
tive lords or stewards of the lords of the manors in which the lands and
grounds to be inclosed shall be situate, aiid of such adjoining manor or
manors, ten days at least before the time of setting out such boundaries, of
Commissionera his or their intention to ascertain, set out, determine, and fix the same respec-
BobU C&llSC &
description of tively ; and such commissioner or commissioners shall, within one naonth after
boimdaries to j^jg qj, their ascertaining and setting out the same boundaries, cause a descrip-
one of tiie tion thereof in writing to be delivered to or left at the places of abode of oat
^^^^euB, Qf ^Y^Q churchwardens or overseers of the poor of the respective parishes, and
respective also of such respective lords or stewards : Provided always, that if any person
STioi^s c?^ ^^ persons interested in the determination of the said commissioner or commis-
manon or their sioners respecting the said boundaries shall be dissatisfied with such deter-
FersoM dift- mination, such person or persons may appeal to the justices of the peace acting
satisfied may in and for the county in which such lands or grounds shall be situate, at any
qSrter*se8-^ general quarter session of the peace to be holden within four calendar months
sione. next after the aforesaid publication of the said boundaries by delivering or
leaving such description as aforesaid, the party or parties ipaking such appeal
giving eight days notice of such appeal and of the matter thereof in writing
Decision ^^ Uie to the commissioners ; and the decision of the said justices therein shall be
final. ^i^ ^i^d conclusive, and shall not be removed or removeable by certioraii or
any other writ or process whatsoever, into any of his Majesty's couita of
record at Westminster, or elsewhere.
A survey, ad- jy ^j^ j^^ j^ further enacted, that a true, exact, and particular survey,
measorem^it, ' » ir . .t j
plan, and yaia- admeasurement, plan, and valuation, of all the lands and grounds to be divided,
^ds &c^o be ^^*^^» *^^ indosed by any such Act, and also of all the messuages, cottages,
inclosed shall orchards, gardens, homesteads, ancient inclosed lands and grounds, within any
kept^ the^ such parish or manor, shall be made and reduced into writing by such corn-
commissioners, missioner or commissioners, or by such other person or persons as he or they
verified by ^ ^^^ nominate and appoint, as soon as conveniently may be, for the purposes
persons making of such Act, and the number of acres and decimal parts of an acre, in statute
measure, contained in all the lands and grounds directed or authorized to be
divided, allotted, and inclosed, and also in all the ancient inclosed lands,
groimds, and homesteads aforesaid, and of each and every proprietor's distinct
property in the same respectively, at the time of making such survey and
admeasurement, shall be therein set forth and specified ; and that the said sur-
vey, admeasurement, plan, and valuation, shall be kept by such commissioner
or conmiissioners ; and the person or persons who shall make such survey,
admeasurement, plan, and valuation, shall verify the same upon oath or affir-
mation, at any meeting to be held after the making thereof (which oath (xr
affirmation the commissioners^ or any one of them, are and is hereby empow-
Proprietors ^j-ed and required to administer) ; and the proprietors and their respectit^e
admcasoie- agents, and all persons interested therein, shall at all seasonable times have
A.D. 1801.
41 George III. (U. K.) c. 109.
29
Iib»ty to peruse and inspect such admeasurement and plan only, and to take
copies thereof and extracts therefrom respectively.
Y. Aim be it further ena)ctedy that for surveying, admeasuring, and valuing
all the said lands and grounds, and for otiber the purposes of such Act^ it shall
be lawful for such commissioner or commissioners, every or any of them, or the
person or persons to be appointed by him or them to mi^e such survey,
admeasurement^ plan, and valuation, together with their and every of their
awstants, and servants, at any time or times whatsoever, until such division
shiU be oompleted, to enter, view and examine, survey and admeasure, all and
eveiy part of the lands and grounds intended to be ^vided and allotted, and
ako all the ancient inclosed lands, grounds, and homesteads, directed to be sur-
veyed, and to do or cause to be done any act or thing necessary for putting
sodi Aeiinto execution : Provided always, that any map or survey made at the
time of passing any such Act, which shall be tendered to such commissioner or
eommisBioners, and which shall be in his or their judgment, and to his or their
wliisEKtiiHi, a just and true map or sinrvey, proper for the purpose of carrying
soeh Act into execution, may be used for that purpose, if the said commis-'
aoner or oommissioijiers shall think fit, without any new map or survey being
nude (^ such part of the lands and grounds as shall be comprised in any such
Improved map or survey as aforesaidL
VL Akd be it further enacted, that all persons and bodies corporate or
poiidk, who shall have or claim any common or other right to or in any such
bads 80 to be inclosed, shall deliver or cause to be delivered to such commis-
fflooer or commissioners, or one of them, at some one of such meetings as the
wd eommissioner or commissioners shall appoint for the purpose (or within
web Airtlier time, if any, as the said commissioner or commissioners shall for
some special reason think proper to allow for that purpose) an account or
sehednle in writing, signed by them, or their respective husbands, guardians,
tmstees, committees, or agents, of such their respective rights or claims, and
therein describe the lands and grounds, and the respective messuages, lands,
teoemaitB, and hereditaments, in respect whereof they shall respectively claim
to be entitled to any and which of such rights in and upon the same or any
pvt thereof, with the name or names of the person or persons then in the
tttnal possession thereof, and the particular computed quantities of the same
iBq)ectively, and of what nature and extent such right is, and also in what
n^ts and for what estates and interests they daim the same respectively,
distingaiahing the freehold from the copyhold or leasehold ; or on non-com^
plianoe therewith, every of them making default therein shall, as far only as
re^)eet8 any daim so neglected to be delivered, be totally barred and excluded
of and from all right and title in or upon such lands so to be divided respec-
tively, and of and from all benefit and advantage in or to any share or allot-
ment thereof; all which said claims or accounts shall, at all seasonable times
ontil after the execution of the said award, be open to the inspection and
penual of all parties interested or daiming to be interested in the premises,
their respective agents or attomies, who may take copies thereof or extracts
therefrom respectively ; and if any person or persons, or body politick or eor-
jDoiate interested or claiming to be interested in the premises, shall have any
objection to offer to any such account or daim, the particulars of such objection
ments and
plans and take
copies.
Until the divi-
sion shall be
completed the
lands may be
entered by the
commissioners,
or any persons
they may ap-
point to make
sorveys, &c.
Maps made at
the time of
passing Acts
may be used,
without making
new ones, if the
commissioners
shall think fit
Claimants of
rights in lands
to be inclosed
shall deliyer to
the commission-
ers schedules
of claims, or
shall be ex-
cluded; which
claims may be
inspected and
copies taken.
Objections to
claims shall be
delivered to the
conmussioners
so 41 George III. (U. K.) c. 109. A.D. 180
at or before shall be reduced into writing and signed by them or their respeeidve husbandi
appointed for guardians, trustees, committees, or agents, and shall be deUyered to tho sai
OT* hdjf^f be commissioner or oommissioners, at or before some other meetingr gf gnc
received except Commissioner or commissioners, to be by him or them appointed for that pin
cauTO^^"^ pose; and no such objection shall afterwards be received, unlees for som
legal disability or special cause to be allowed by the said ooromimioner a
commissioniers.
Commissioners VII, PROVIDED also, and be it further enacted, that nothing herein con-
thoris^to ^°' tained shall authorize such commissioner or commissioners to hear and deter-
determine imne any difference or dispute which may arise, touching the right or title tc
ingrigbts; " &ny lands, tenements, or hereditaments^ but such commissioner or commis-
bat they sbaii siouers shall assiim and set out the several allotments directed to be made
assign the
allotments to ^i^to the person or persons who, at the time of the division and indosore,
Mtoai"^"* *° shall have the actual seisin or possession of the lands, tenements, or here-
sion of the ditaments, in lieu or in right whereof such allotment shall be respectively
wb»^Ttbe^* made: Provided also, that no difference or suit touching the title to any
allotment is lands, tenements, or hereditaments shall impede or delay the commissioner or
^' commissioners in the execution of the powers vested in hhjpL or them, by virtue
of any such Act, but the division or inclosure directed to be made shall be
proceeded in notwithstanding such difference or suit
Commissioners YIII. And be it further enacted, that such commissioner or commissioners
any aiiotnie^ shall and he or they is and are hereby authorized and required, in the first
sbaii appoint place, before he or they proceed to maJse any of the divisions and aUotmenis
nage^rofbdsi^ directed in and by any such Act, to set out and appoint the publiek carriage
and prepare a roads and highways, through and over the lands and grounds intended to be
to be deputed divided, allotted, and indosed, and to divert, turn, and stop up any of the
^^^^^ a ' roads and tracks upon and over all or any part of the said lands and grounds
notice thereof;^ OS he or they shaU judge necessary, so as such roads and highways shall be
and appoint a g^^^^ remain thirty feet wide at the least, and so as the same shall be set out
wbich, if any in such directions as shall, upon the whole, appear to him or them most com-
oWec? the^ modious to the pubUck, and he or they are hereby further required to ascertaiQ
commisrioners, the same by marks and bounds, and to prepare a map in which such intended
^^^^di^^Tn ^^^^ ^^ ^ accurately laid down and described, and to cause the same,
sbaii determine being signed by such commissioner, if only one, or the major part of sudt
e matter. commissioners, to be deposited with the clerk of the said commissioner or
commissioners for the inspection of all persons concerned, and as soon as may
be after such carriage roads shall have been so set out and such map so de-
posited, to give notice in some newspaper to be named in sucb Bill, and also
by affixing the same upon the church door of the parish in which any of the
lands so to be inclosed shall lie, of his or their having set out such roads and
deposited such map, and also of the general lines of such intended carriage
roads, and to appoint in and by the same notice a meeting to be held by the
said commissioner or commissioners at some convenient place in or near to the
parish or township within which the said inclosure is to be made, and not
sooner than three weeks fix)m the date and publication of such notice, at which
meeting it shall and may be lawful for any person who may be injured or
aggrieved by the setting out of such roads to attend, and if any roch person
shall object to the setting out of the same, then such commissioner or com'
AJ). 1801.
41 GEORaE III. (U. K.) c. 109.
31
miasBonarB, together with any justice or jtustices of peace, acting in and for
the divifflon of the county in which such indosure shall be made, and not
being interested in the same, who may attend such meeting; shall hear and
determine such objection, and the objections of any other such person, to any
atteraUon that the said commissioner or commissioners, together with such
justice or justices, may in consequence propose to make, and shall and he or
ibftj are hereby required, according to the best of their judgement upon the
whole, to order and finally direct how such carriage roads shall be set out, and
either to confirm the said map or make such alterations therein as the case
may require : Provided always, that in case such commissioner or commissioners
flihiJl by such BUI be empowered to stop u^ any old or accustomed road paj9s-
ing or leading through any part of the old indosures in such parish, town-
aliip, or place, the same shall in no case be done without the concurrence and
order of two justices of the peace acting in and for such division, and not in-
terested in the repair of such roads, and which order shall be subject to an
appeal to the quarter sessions, in like manner and under the same forms
ud restriddons as if the same had been originally made by such justice as
afoiesuiL
IX. Ain> be it further enacted, that such carriage roads so to be set out
fBsfonsaid shall be well and sufficiently fenced on both sides by such of the
oimen mi proprietors of the lands and grounds intended to be divided,
BHoMjOid inclosed, and within such time as such commissioner or commis-
aonen Bhall, by any writing under his or their hands, direct or appoint, and
thai H s&flll not be lawful for any person or persons to set up or erect any
giie across any such carriage road, or to plant any trees in or near to the
hedges on the sides thereof at a less distance from each other than fifty yards ;
aid radi commissioner or commissioners shall and he or they is and are hereby
empowered and required, by writing under his or their hands, to nominate and
appoint one or more surveyor or surveyors, with or without a salary, for the
first forming and completing such parts of the said carriage roads as shall be
newly made, and for putting into complete repair such part of the same as
shall have been previously made, which salary (if any) and also the expence
cl forming, completing, and repairing such roads respectively, over and above
a proportion of the statute duty on the roads so to be repaired^ shall be raised
in like manner as the charges and expences of obtaining and passing any such
Aet and of carrying the same into execution shall be thereby directed to be
raised, and shall be paid to such surveyor or surveyors on or before the
ezeeution of the award of such commissioner or commissioners ; and in case
the same shall be thereby provided to be raised by sale of any part of the
lands so to be divided and inclosed, that then such eommissioner or commis-
akmers shall make a conditional rate upon the owners and proprietors of the
same in case the produce of such sale should prove insufficient for the purposes
aforesaid ; and such surveyor or surveyors shall, and he or they is and are
hereby directed to be in all respects subject to the jurisdiction and controul of
the justices of the peace acting in and for the county in which such roads
AaU respectively lie, and shall account to such justices in like manner for all
monies so to be by him or them received and expended, and for the re-payment
of any surplus which may remain in his or their hands to such persons as shall
If the commifl-
sioneTs, by any
BiJl,8haUbe
empowered to
stop up any old
road, it shall
not be done
without the
order of two
justices, which
order shall be
subject to
appeal to the
quarter ses-
sions.
The carriage
roads shall be
fenced on both
sides by snch
of the land
owners as the
commissionen
shall direct,
and no person
shall erect any
gate across
any road, or
plant any trees
on the sides at
less than 50
yards distance.
The commis-
sioners shall
appoint sur-
veyors, and if
with a salary
such salary and
the expence of
making the
road over and
above the
statute duty,
shall be raised
as other ez-
pences, and
paid on or
before execu-
tion of the
award.
Surveyors to
besn^ectto
the controul
of the jusdees,
and shall ac-
count to them
for monies
received.
32
41 GEORaE III, (U. K.) c. 109.
A.D. 180
Jastices may
levy rates.
If sarreyora
neglect to
complete roads
witlun a limited
time, they shall
forfeit 20/.,
and the inhahi*
tants shall not
he chargeahle
vnih the forma-
tion or repair
(except statute
dnty), till roads
declarodto
be completed
at a special
sessions.
Commissioners
shall appoint
private roads,
&c.
The grass and
herh^l^ on
roads shall
belong to the
proprietors
of the lands
ad||oinin^ on
eitiier side ;
and all roads
which shall
not he set out
shall be allotted
and inclosed.
Ko turnpike
road shall be
altered without
the consent of
thetmsteeti
have been liable to contribute thereto, according to the proportion so as abov
ascertained by such oommissioner or commissioners ; and such justices shal
have the like powers of levying any such rate as may by them be though
necessary for the purposes aforesaid, according to the proportions previonsl;
ascertained by such commissioner or commissioners, as if such surveyor o
surveyors had been appointed under or by virtue of the general highway Ac
passed in the thirteenth year of the reign of his present Majesty ; and in cam
such surveyor or surveyors shall neglect to complete and repair such roadc
respectively Within the 6pace of two yea]:s after such award, unless a iurthei
time not exceeding one year shall for that purpose be allowed by such justices,,
and then within such further tifiae, he or they shall forfeit the sum of twenty
pounds^ and the inhabitants at large of the parish, township, or place wherein
such roads shall be respectively situate shall be in no wise charged or
chargeable towards forming or repairing the said roads respectively, except
such proportion of such statute duty as aforesaid, till such time as the same
shall by such justices in their special sessions be declared to be fully and
sufficiently formed, completed, and repaired, fix)m which time and for ever
thereafter the same shall be supported and kept in repair by such persons and
in like manner as the other publick roads within such parish, township, or place
are by law to be amended and kept in repair.
X And be it farther enacted, that such commissioner or commissionen
shall and he or they is and are hereby empowered and required to set out and
appoint such private roads, bridleways, footways, ditches, drains, watercourses,
watering places, quarries, bridges, gates, stiles, mounds, fences, banks, bounds,
and land marks in, over, upon, and through or by the sides of the allotments
to be made and set out in pursuance \>( such Act, as he or they shall tbink
requisite, giving such notice and subject to such examination as to any private
roads or paths as are above required in the case of publick roads ; and the same
shall be made and at all times for ever thereafter be supported and kept in
repair by and at the expence of the owners and proprietors for the time bdng
of the lands and grounds directed to be divided and inclosed, in such shares
and proportions as the commissioner or commissioners shall in and by bis or
their award order and direct
XL And be it further enacted, that after such publick and private roads and
ways shall have been set out and made, the grass and herbage arising thereon
shadl for ever belong to and be the sole right of the proprietors of the lands
and grounds which shall next adjoin the said roads and way9 on either side
thereof as far as the crown of the road; and all roads, ways, and paths over,
through, and upon such lands and grounds, which shall not be set out as afore- ^
said, shall be for ever stopped up and extinguished, and shall be deemed and
taken as part of the lands and grounds to be divided, allotted, and inclosed,
and shall be divided, allotted, and inclosed accordingly : Provided, that nothing
herein contained shall extend, or be construed to extend, to give such commis-
sioner or commissioners any power or authority to divert, change, or alter any
turnpike road that shall or may lead over any such lands and grounds, unless
the consent of the majority of the trustees of such turnpike road, assembled at
some publick meeting called for that purpose on ten days notice, be first had
and obtained.
A.D. 1801.
41 Geobge III. (U. K.) c. 109.
83
XII. And be it further enacted, that such commissioner or commissioners,
in making the several allotments directed by any such Act, shall have due
r^ard, as well to the situation of the respective houses or homesteads of the
Iffoprietors as to the quantity and quality of the lands and grounds to be
albtted to them respectively, so fai* as may be consistent with the general
convenience of the said proprietoi*s ; and that such commissioner or commis-
suoners, in making the said allotments, shall have particular regard to the
convenience of the owners or proprietoi's of the smallest estates in the lands
ftnd grounds directed to be allotted and exchanged.
XIII. And whei'eas the proprietors and pensons interested in open common
fields, meadows, pastures, commons, and waste lands directed to be divided
aod allotted, whose allotments thereof will be small and expensive to inclose,
maybe desirous of stocking and depasturing their allotments in common, and
of Bharing 8u6h produce as may grow thereon, under proper regulations : Be it
iherefore further enacted, that such commissioner or commissionei's shall be
and he or they is and are hereby fully authorized and' empowered, on applica-
tion of the parties interested at their firftt or second meeting for receiving
daims, and on an attentive view and full consideration of the premises, to
avard, order, and direct any such allotments to be laid together and ring-
fenoed, and to be stocked and depastured in common, and to make such orders
tndngulations for the equitable enjoyment thereof, and for the participation
(^ADY produce growing or to grow thereon, as such commissioner or commis-
fiioQers may think beneficial and proper for the said several parties interested
tlierek
IIF. And be it further enacted, that the several shares of and in any lands
or^nds which shall upon any such division be aligned, set out, allotted,
And applied unto and for the several persons who shall be entitled to the same,
.^liall, when so allotted, be and be taken to be in full bar of and satisfaction
*nd compensation for their several and respective lands, grounds, rights of
common, and all other rights and properties whatsoever which they respec-
tiyeiy had or were entitled to in and over the said lands and grounds imme-
diately hefore the passing of any such Act ; and that from and immediately
after the making the said division and allotments, and the execution of the
a van! of such commissioner or commissioners, or at any other time as such
commissioner or commissionei's shall, by writing under his or their hands, to
be affixed on the principal door of the church of the parish in which the lands
and grounds shall be situate, direct or appoint, all rights of common, and all
r^tfi whatsoever by such Act intended to be extinguished, belonging to or
claimed by any person or persons whomsoever, bodies politick or corporate, in,
over, or upon such lands or grounds, shall cease, determine^ and be for ever
extinguished.
XV. And be it further enacted, that such commissioner or commissioners
shall and he or they is and are hereby authorized to set out, allot, and award
any messuages, buildings, lands, tenements, hereditaments, new allotments,
or old inclosures, within sach parish or manors, in lieu of or in exchange for
any other messuages, buildings, lands, tenen^ents, hereditaments, new allot-
ments, or old inclosures within the said parish or manors, or within any
adjoining parish or place ; so as that all such exchanges be made with the
consent of the respective ownei^, proprietoi's, or other persons, seised of the
VOL. IV. C
Commisfiioners,
in making aU
lotments, to
have regard to
the situatioQ
of houses as
weU as the
quantity and
quality of
land, KO far a«
consistent vniii
general con-
venience.
Commissioners
may direct
small allot-
ments to be
laid together
and ring-
fenced, and
stocked and
depastured in
common by the
proprietors.
Allotments to
be in full com^
pensation for
all rights in the
lands.
Commissioners
may allot
messuages,
lands, &c. in
exchange for
others, with
the consent of
the proprietors,
or if belonging
to churches,
&c. with the
consent of the
VAm
84 41 Geobgb hi. (U. K.) c. 109, A.D. 1801
bUhop and of \^^ hereditaments, and premises which shall respectively be so exchanged
as aforesaid, or of the husbands, guardians, trustees, committees, or attomiefi
acting for or on behalf of such owners, proprietors, or other persons respectively;
who are under coverture, minors, lunatioks, or beyond the seas, or under an;
other disability or incapacity of acting for themselves (such consent to be testis
fied by writing under their respective hands) ; and so that all such exchanges
be ascertained, specified, and set forth in the award of such commissioner or
commissioners ; and so that all such exchanges of any lands, tenements, or
hereditaments, belonging to or held in right of any church, chapel, or ecclesi-
astical benefice, shall also be made with the like consent in Tvriting of the
bishop of the diocese, and of the patron of any church, chapel, or ecclesiastical
benefice for the time being ; and all such exchanges so made as aforesaid shall
be for ever good, valid, and effectual in the law, to all intents and purposes
whatsoever.
XY I. Akd whereas it may happen that some of the proprietors of messuages,
cottages, tenements, or lands, in any such parish or manor, and persons entitled
to allotment or allotments to be made by virtue of any such Act, may be seised
thereof or entitled thereto in joint tenancy, or as coparceners, or tenants in
common, and cannot, by reason of infancy, settlement, or absence beyond eea8»
Commissioners make an effectual division thereof : Be it therefore further enacted, that it
Siotmenis in ^^^ ^ lawful for any such commissioner or commissioners, and he or they U
severalty to and are hereby authorized and empowered (upon the request in writing of
or^tenante*^ such joint tenants or coparceners, or tenants in common, or any or either of
common, them, or of the husbands, guardians, trustees, committees, or attomies of such
as are under coverture, minors, lunaticks, or under any other incapacity as
aforesaid, or absent beyond seas,) to make partition and division of the mes-
suages, cottages, tenements, lands, and allotment or allotments, to such of the
said owners or proprietors who shall be entitled to the same as joint tenants,
coparceners, or tenants in common, and to allot the same accordingly to such
owners and proprietors in severalty ; and from and immediately after the said
allotments shall be so made and declared, the same shall be holden and enjoyed
by the person or persons to whom the same shall be allotted in severalty, in
such and the same manner, and subject to such and the same uses, as the
tmdivided parts or shares of such estates would have been held in case such
partition and division had not been made.
Persons to XVII. AND be it further enacted. That all and every person or persons, to
aUotoentrin a w^om any allotment or allotments shall be made by virtue of any such Act,
limited time, shall and he, she, or they is and are hereby required to accept his, her, and
^eir right! their respective allotments within the space of two calendar months next after
the execution of the award directed to be made in and by any such Act ; and
in case any person or persons shall neglect or refuse to accept of his, her,
or their share or allotment within the time before mentioned, such person or
persons so neglecting or refusing shall be totally excluded from having or
receiving any estate or interest or right of common whatsoever, in any part of
the lands and grounds to be divided and inclosed by virtue of any such Act
Guardians, &c. XVIII. PROVIDED always, and be it further enacted, that it shall and may
Lttcapwjltoted*^' be lawful for the respective guardians, husbands, trustees, committees, or attor-
persons, and nies of any person or persons being minors, femes covert, lunaticks, beyond
shoU accept of the seas, or otherwise incapable by law, to accept any such allotments as shall
allotments.
V XS. 1801.
41 Oeoror III. (U. K.) e, 109.
S6
be made by virtiie of Mxyy such Act, to tad. for the use of such penon or peraona
mi incapadtated as aforesaid ; and also that any perscm or persons entitled to
any allotment or allotmente aa tenant or tenanU for life or lives, ahall be and
tie, sbe, and they ia and ore hereby respectively enabled and required to accept
tif and take audi allotment or allotments respectively ; and every such acoept-
anoe respectively shall be and is hereby declared to he valid and effectua], to
all intents and purposes whatsoever : Provided further, thai the non-claim or
noft-aceeptanee of any such guardian, husband, trustee, committee, or attorney,
eball not exclude or in any way prejudioe the right of any infant, feme covert,
iiumtiok, or other person or persons being under any disability or incapacity
u afsnuid, or ahaent beyond the seas, who shall claim or accept such share or
allotment within twelve calendar months next after such disability or inca-
)«fiity tdiall be removed, or of any person entitled as heir in remiunder after
tha dmtli of any person dying during such incapacity or disability, who shall
cUim or accept the same within one year next after his, her, or their right, title,
ur intareat shall have accrued, descended, or vested, or be known so to be.
XIX AxD be it further enacted, that after the allotments shall be set out
Vy audi commissioner or commissioners, and at any time before the execution
uf lus m their award, it ahall be lawful for any person or persons to whom any
aOotiaeDt or allotments shall be so made and staked or marked out, by and
wilh tbe eooaent of such commissioner or commissioners in writing under his
or (beir buds, to ditch, fence off, and inclose their respective allotments, in
mdt mumer as such commissioner or commissioners shall so direct and appoint.
XL Asa be it further enacted, that the timber trees and other trees, thorns,
tad baahes standing and growing upon any wasto lands or other lands to be
allotted by such Act, shall be allotted and go along with the lands whereon
tbey respectively staaid, and ahall be deemed the property of the several persons
to wbon the same lands shall be respectively allotted, such persons paying to
tbt owner or respective owneis of the said trees such sums of money for the
' suae, and at such time or times, and place or places, as the said conuniasioner
or eonunissicmers shall by writing under his or their hand or hands direct ;
Wi if the said parties who are to make such respective payments shall neglect
ur refiise to make the same accordingly, then it shall be lawful to and for the
re^Mctive parties who shall be entitled to have and receive such payments, to
mter on the said lands, and cut down, take, and carry away to their own use
ibt! said trees, thorns, or bushes, in respect of which the said payments were
re:ip«ctively to be made to them, at any seasonable time or times within one
yeu next after such neglect or default, they doing as litUe damage on the said
lands as may be.
XXL And be it further enacted, that whenever any sum of money is under
Ui€ provisions of this Act, or any such Bill, to be paid for the purchase or
esdtange of any lands, tonemants, or hereditaments, or of any timber or wood
growing therein, and which sum of money ought to be lud out in the purchase
nf other lands, tenements, or hereditaments, to be settled to the same uses, it
sbsll and may be tawM to and for such commissioner or commismoners out
(if mch nun to defray such proportion of the expence of ■naasinff Bucb Act and
i.f (trryliig the some into execution, as ahall, if any, b^ c\^aj„ed upon any "^ ^^^^
lands, tenements, or hereditaments of the person o» ^, ° , .i„ noUl
UKO of guar-
diau, &c. ihttU
not i>rf!|ui]ica
the rigfattof
incapaoltated
■hall accept in
a limited timij
after being ablq
Befiwo execu-
tion of the
award, allot-
ditohed and
inalosed, with
the consent of
the oommis-
Treet, &c. to
be allotted
irith the laudi
whereon they
Maud, the
partiei paying
to the owners
Each lumg 09
cut them down
and take them
ought to b«
laid out in
other pnr-
knds,t(
3C
41 George III. (U. K.) c. 109.
A.D. 1801
^^^
i:
expences of
paBsing the Act
and putting it
in execution,
sc. ; and if
the Burphis
amount to
200/. it shall,
as Boon as may
be, be laid out
in other pur-
chases, and
shall in the
meantime be
paid into
the Bank and
applied under
the direction
of the Court of
Chancery.
If snch money
be less than
200/. and up-
wards of 20/.
it shall, at the
option of the
person entitled
to the rents of
the lands, be
paid into the
Bank, or to two
trustees to be
approved of by
the conmiis-
sioners, to be
applied as be-
fore directed ;
corporate, trastees or feoffees in possession of the lands, tenements, or heredita
ments so sold or exchanged, or oh which such timber or wood actually grei
and also the expence of any permanent improvement, such as building, sub
dividing, draining, or planting, and the like, which shall in the judgement c
such commissioner or commissioners be proper to be made, and shall be mad
under his or their direction, upon any lands to be by virtue of such Act allotte
to such person or persons, body politick or corporate, trustees or feoffee
respectively ; and in case the surplus of such money shall amount to the sun
of two hundred pounds, then the same shall with all convenient speed h
invested in the purchase of any lands or hereditaments, which shall he con
veyed and settled upon and subject to the like uses, trusts, and limitations, at
such lands so sold or exchanged, or the lands on which such timber grew, wen
settled, limited, or assured ; and in the meantime, and until such purchase can
be made, such money shall be paid into the Bank of England, in the name
and with the privity of the accountant general of the high Court of Chanceryj
to be placed to his account there ex parte the said commissioner or commis-
sioners, without fee or reward, to the intent that such money shall be applied,
under the direction and with the approbation of th6 said court, to be signified
by an order made upon a petition to be preferred in a summary way by the
person or persons who would have been entitled to such lands, tenements,
and hereditaments, or timber respectively, either in or towards the redemption
or purchase of land tax, or towards the discharge of any debts or incumbrances
affecting the lands or hereditaments so purchased or exchanged or - on which
such timber grew, or until the same shall, upon the like application in a
summary way, be laid out by order of the said court in the purchase of other
lands or hereditaments to be settled to the like uses ; and in the meantime and
until order can be made, such money may by order of the said court be laid
out in some of the publick funds or on government or real securities, and the
dividends or interest arising therefrom slmll, by order of the said court, be paid
to such person or persons, as would, for the time being, be entitled to the i-ents
and profits of such lands, tenements, and hereditaments so to he purchased,
conveyed, and settled.
XXII. Provided always, and be it fuither enacted, that if any such money
shall be less than the sum of two hundred pounds and shall exceed the sum of
twenty pounds, then and in such case the same shall, at the option of the
person or persons for the time being entitled to the rents and profits of the
lands or hereditaments so purchased, or of his, her, or their guardian or
guardians, committee or committees, in case of infancy or lunacy, to he signified
in writing under their respective bands, be paid into the Bank in the name
and with the privity of the said accountant general of the high Court of
Chancery, and be placed to his account as aforesaid, in order to be applied in
the manner before directed ; or otherwise the same shall be paid at the like
option to two trustees to be nominated by the person or persons making such
option, and approved of by the commissioner or commissioners (such nomina-
tion and approbation to be signified in writing under the hands of the nonn-
nabing and approving pai*ti&s) in order that such principal money and the
dividends aiising thereon may be applied in manner herein-before directed,
so far as the case be applicable, without obtaining or being required to obtain
the direction or approbation of the said Court of Chancery.
A.D. 1801.
41 George III. (tJ. K) c. 109.
37
XXIIL Provided also, and be it further enacted, that where such money
tihall be less than twenty pounds, then and in such case the same shall be
4^iplied to the use of the pei-son or pei-sons. who would for the time being have
been entitled to the rents and profits of the lands or hereditaments so purchased
in such manner as the said commissioner or commissioners shall think fit, or,
in case ef infancy or lunacy, then to his, her, or their guardian or guardians,
eammittee or committees, to and for the use and benefit of such person or
peraoDs so entitled respectively.
XXIV. And be it further enacted, that if any pei-son to whom any allotment
or allotments shall be made, or any guaixlian, husband, trustees, feoffees, com-
imttees, or attorney of any infant, feme covert, charity or charities, lunatick,
idiots person or persons beyond the seas or otherwise incapable of acting
respectively, or any tenant in tail or for life, or trustee or ti*ustees for any
seUleinent, or any mortgagee or mortgagees, or other creditor in possession,
shall neglect or refuse to accept, inclose, and fence his, her^ or their allotment
or allotments, within such time or times as such commissioner or commissioners,
liy any writing as afoi^esaid, or by his or their award, shall order or direct, it
shall be lawful for such commissioner or commissioners to cause buch allotment
or alloioients to be inclosed and fenced, and to let the same to any person or
persons he or they may think proper, and to receive the rents and profits
iheRoT.Tmtil the expences attending the inclosurc and fencing thereof are paid
and aB&fied, or to chai^ such expences upon the proprietor or proprietors of
the aune allotment or allotments ; and by any such writing as aforesaid, or
fyiis or their said award, to appoint to whom, and at what time or times the
suae shall be ]>aid, subject to the same mode^.and with the like powers of
recorery thereof, as may be pix)vided respecting the other ex{>ences of passing
any .sach Act, and canning the same into execution, or otiierwise directed by
Bay /mch Act
XXV. And be it further enacted, that it shall be lawful for the several
proprietors of the allotments to be made in pui^uance of any such Act, their
agents or workmen, at any seasonable time or times within the space of seven
years next after the fencing of any allotment or allotments, to set up and
erect posts and rails, or other dead fences, on the outside of the ditches
bounding their respective allotments, not exceeding three feet from such
ditches, for the preservation of their quickset hedges, and at any seasonable
time or times before the expii-ation of the said term to take and carry away
the materials of sudi outside fences when they shall think proper.
XXYL And be it further enacted, that no fences or hedges which at the
time of the passing of any such Act shall be standing or growing in or upon
uiy of the lands directed to be divided and inclosed, shall be cut down or
destroyed by the ownera and proprietors thei-eof after the passing of such Act,
nntil the execution of the award, without the consent of such commissioner or
conumssioners first had and obtained in writing for that purpose ; and if any
such fences or hedges shall be assigned or approved by such commissioner or
eommiasioners as and for a boundary fence, or as and for a subdivision fence to
and for any of the allotments to be made in pursuance of such Act, all such
fenees Baad hedges shaU be left uncut for the benefit of the person or persons to
whom such allotment or allotments shall belong ; and he^ she, or they shall
and if less than
20/. it shaU be
applied to the
use of the per-
son entitled to
the rents of
the lands, as
the commis-
sioners shall
think fit
If any person
does not ac-
cept, inclose,
and fence his'
allotment as
the commis-
sioners shall
direct, they
may capse it to
be inclosed and
fenced and let,
and may receive
the rents until
the expences
are satisfied,
or may charge
the expences
upon the pro-
prietor.
Within seven
years after
fencing of
allotments,
outside fences
maybe erected
to preserve the
hedgesi, and
such fences
may be re-
moved by the
proprietors.
No fences or
hedges stand-
ing when any
Act is passed
shall be de-
stroyed till the
execution of
the award,
without con-
sent of the
commissioners ;
and if assigned
by them as
boundary or
division fences,
they shall be
left uncut, the
38
41 George IIL (U. K.) c. 109.
A.D. 1801
penons to
whom the allot-
ments shail
belong making
compensation
to the former
owners.
Where lh«
boundary of
any common
fields or in*
closed grounds
shall be fenced
bj any mound,
&c. the pro-
prietots of thd
adjoining allots
ments shall not
be compelled
to fence them
next such com-
mon fields
and inclosed
grounds, and
Kuch boun-
daries shall be
maintained by
the respectiTe
proprietors.
Commissioners
may apportion
the ezpenoes
of fencing.
If any person
shall destroy
or damage any
fence, 6lc. put
up under the
authority of
any Act, he
shall forfeit 5/.,
and the pro-
prietor of the
lands, ftc. may
gire eridence.
make such compensation in money to the former owners and proprietoi
thereof as such commissioner or commissioners shall by writing under his c
their hand or hands in that behalf order and appoint, subject to the sam
mode, and with the like powers of recovery thereof, as may in such Act b
provided respecting the other expences of passing any such Act^ and carryinj
the same into execution*
XXVII. Provided always, and be it further enacted, that no proprietor
whose allotments or shares shall, upon any such inclosure, lie and be situate
next and adjoining to any (common fields or inclosed grounds, the bojundary ol
which shall be fenced by any mound, fence, brook, or rivulet, shall be com-
pelled to make or erect any hedges, ditches, or fences next adjoining to any
such common fields or inclosed grounds for inclosing such their allotments or
shares ; but that the whole mound, fence, brook, or rivulet, or other sufiicient
fences which divide any such common fields or inclosed grounds from such
allotments, shall for ever be and remain a boundary fence for the purpose of
such division, and shall from time to time be maintained, kept, cleansed, sconred,
and repaired, by the respective proprietors thereof, in the same manner as
before the passing of this Act, or in such other manner as such commissioner
or commissioners shall order and direct t Provided nevertheless, that in case it
shall happen that some of the proprietors shall have a greater proportion of
fences to make and maintain upon any of the lands directed to be divided and
inclosed than in the judgment of such commissioner or commissioners the
allotments of such proprietors ought to be charged with, it shall be lawful for
such commissioner or commissioners, where he or they shall judge it proper, to *
ascertain and appoint such sum of money to be paid" to- every such proprietor
towards making and maintaining such fences, by such other of the proprietors
who mAy have a less proportion of fencing, according to the value and quantity
of the lands to be allotted to them, and to grant such other relief in respect
thereof, out of the money to be raised for defraying the expences of carrying
such Act into execution, as he or they shall think reasonable, and in case any
such money shall be so directed to be raised, in oixler that the said botmdary
fences may be brought as near as may be to a just and equal proportion.
XXVIII. And be it further enacted^ that in case any person or persons shall
wilfully and unlawfully break down, destroy, carry away, or damage any
fence, stile, post, rail, gate, bridge, or tunnel which may be put up or placed
under the authority and for the purposes of any such Act, every person bo
oflTending, Mid being thereof convicted before any justice of the peace for the
county in which the lands or grounds to be inclosed shall be situate, on con-
fession or on proof of the offence by oath of one or more credible witness or
witnesses (which oath the said justice is hereby authorized to administer},
shall for every such oflEence forfeit and pay any sum not exceeding five potmds ;
and every person shall be allowed to give evidence of such offence notwith-
standing he may be a proprietor or occupier of lands within, or an inhabi*
tant of such parish, and notwithstanding he may be the owner of any such
fence, stile, post, rail, gate, bridge, or tunnel ; to be i^ecovered as herein*!^*'
provided.
XXIX. And whereas it may often be provided by such Act that the ex*
pences of obtaining the same, and also the expences of carrying the same i&t^
A.D. 1801. 41 George III. (U. K.) c. 109. 39
execution, shall be paid in proportion by the proprietors of lands or grounds
to whom any allotments shall be made : Be it fiirther enacted, that in such ^^ ** ^^^
case, when and so often as any such person or persons, except the person or any Act that
persons thereby exempted from payment of any such charges and expences, *^® t^^^^®^
shall refuse or neglect to pay his, her, or their proportion of the charges and and carryingit
expences, or shall refuse or neglect to pay the expences attending the inclosing sh^n^^g^"^^"
and fencing of any such allotments as upon the neglect or refusal of the bj the pro-
proprietors shall be inclosed and fenced by such commissioner or commissioners Sey ne^iecf so
as herein-after mentioned, at the respective days and times to be appointed for to do, the com-
payment of such charges and expences, it shall be lawful for such commissioner ^use^thrsimiJ
or commissioners, by any warrant or warrants under his or their hands and *<? ^ levied by
seals directed to any person or persons whomsoever, to cause the said costs, take possesion
chaiges, and expences, and sum or sums of money respectively, to be levied by ^^ ^^^ ^^^^
distress and sale of the goods and chattels of the person or persons so making oeive the rente,
deJault in payment a^ aforesaid, his, her, or their husbands, guardians, trustees, **^ satisfied,
committees, or attomies, wheresoever the same shall be found, rendering the
overplus (if any), on demand, to the owner or owners of such goods and
diattels, the reasonable charges of such warrant, distress, and sale being first
ded\Kted, together with the interest after the rate of five pounds per centum
^ amuun, to be computed on such share or shares, proportion or proportions,
ftom the fcne the same shall be directed to be paid by such commissioner or
CQiDmi9Bi(Am as aforesaid ; or otherwise it shall be lawful for such commis-
sioner or commissioners, or any person or persons authorized by him or them, to
enter t^n and take possession of the premises so to be allotted to such person
orpernms refusing or neglecting to pay as aforesaid, and to receive and take
the rents and profits thereof, until thereby, therewith, or otherwise, the share
or shares, proportion or proportions, and the said costs and charges so ordered
and directed by such commissioner or commissioners to be paid by such person
or persons as aforesaid^ and all interest on such share or shares, proportion or
proportions, to be cotnpnted from the time the same shall by such comijuissioner
or oonmiissioners be directed to be paid as aforesaid, and also all costs, charges,
and expences occasioned by or attending such entry upon and perception of
the rents and profits of the said premises, shall be fully paid and satisfied.
XXX. And be it further enacted, that in such case as last aforesaid, it shall HuslwindB, &<«.
be lawful for the husbands, guardians, trustees, committees, or attomies of any limited interests
of the owners or proprietors of such allotment or exchanged lands, being under ™*y chai^
coverture, minors, lunaticks, beyond the seas, or under any other disability, such sums as
and for any of the said owners or proprietors being tenants in tail, or for life ^^ commis-
, *■ ^ *^ sioners snail
or lives, or years determinable on a life or lives, or on any other contingency, a^adge neces-
or otherwise, interested as aforesaid (except the rector or vicar of such parish), wry ror defray-
to charge such allotments or exchanged lands and premises with such sum or siud expences ;
sums of money as such commissioner or commissioners shall, by his or their ?°^^£^"*
award, or by writing under his or their hands either before or after the liahietoa
execution of such award, adjudge necessary to pay and defray the said respec- expences! or
tive shares of the charges and expences incident to and attending the obtaining enabled to
8uch Act and carrying the same into execution, and of charging the said lands fa^^th the
fts aforesaid, so that the same shall not exceed five pounds for every acre of same, shall
such allotments or exchanged lands, and to gi-ant, mortgage, surrender, lease, Loney,^the*
40 41 George III. (TJ. K.) a 101^. AX>. 1801.
commissioners or demise, or otherwise subject the lands, tenements, and hereditaments so to
thc^landr^^^ be charged, unto such person or persons who shall advance and lend the same
them for reim- respectively, his, her, or their executoi-s, administrators, and assigns^ for any
term or number of yeai>5 ; or m case any pei*8on in possession, 'wno shall or
may l)e liable to and charged with a share of the expences as aforesaid, or
enabled by this or any such Act to charge such lands and grounds i^th the
same, shall choose to advance, pay, and discharge such sum or sums of money,
then it shall l)e lawful for the said commissioner or commissionei's, by any
deed or writing under his or their hands and seals, to be attested by two or
more credible witnesses, in like manner to grant, mortgage, surrender, lease,
demise, or otherwise subject the said lands, tenements, and hereditaments to
such pei^son or persons respectively paying and discharging the same, his, her,
or their executors, administrators, and assigns, for any term or number of
years, to and for the payment of such sum and sums of money so advanced,
paid, and discharged by him or them, with interest for the same, to comuience
on the termination of his, her, or their right in the premises ; so that eveiy
such grant, mortgage, suiTcnder, lease, or demise be made with a proviso or
condition to cease and be void, or with an express trust to be surrendered or
re-assigned, when such sum or sums of money thereby to be secured shdll be
fully paid and satisfied ; and also with a covenant to pay and k,eep down the
interest, so that no person or persons afterwards becoming possessed or entitled
to any such lands, tenements, or hereditaments shall be liable to pay any
further or larger aiTear of interest than for six calendar months preceding the
time when the title to such possession shall have commenced ; and that every
such charge, grant, mortgage, surrender, lease, or demise shall be good, valid,
and effectual in the law for the purposes thereby intended.
XXXI. And whereas in such cases as aforesaid, where provision may be
made in any such Act for charging the expences of passing such Act, or of
executing the powei*s therein contained, or of fencing the respective allotments,
^ . . on the several pix)prietors thereof, it may be more convenient for the feoffees
Commishioners «-• .11 i iti lii t 1 11 -ii»
may deduct or trustocs of any charity lands or school lands to have lands deducted from
for'chrH™^r^^ the respective allotments to be made for such charity lands or school lands for
school landH ])ay ing the proportionable share in respect of such allotments of such expences
einua to"the^ respectively than to raise money on mortgage for those purposes : Be it there-
share of Buch fore further enacted, that it shall be lawful for any such commissioner or
Kchoofin^hc commissioners, if he or they shall judge it right or expedient, to deduct from
expences of the respective allotments to be made to such feoffees or trustees as aforesaid,
exmituit"aity ^^ much land as shall in the judgment of such commissioner or commissioners I
Act, and may ]yQ equal in valuc to their i*espcctivc proportions of the said expences, and to *
allot the same nx-j ixi ai t ^
to such per- allot, assign, and award the same to such person or persons as such com-
^o»8 as will missioncr or commissioners shall think proper, and who will undertake to pay
pay such share, an^ defray, and shall jmy and defmy, all such expences.
If it shall he XXXII. And be it fui-ther enacted, that in case it shall be provided by any
auy^Acf that ^^^^^ ^^*'» ^^^^ ^'^® cxpenccs attending the same shall be paid by sale of any
the expences pai^t of the land SO to be inclosed, the said commissioner or commissionei's shall
and carryii^ it "^^^k and Set out such part or parts of the said waste or commonable land's fts
into execution in his or their opinion will by sale thereof raise a sum of money sufficient to
by^sale^orpart V^^Y ^^^ discharge all such charges and expences as may by any such Act be
A.D. 1801.
41 George III. (U. K.) c. 109.
41
directed to be pai<l and discharged out of the same ; and the said commissioner
or commissioners shall sell such part or parts of the said lands to any person
*>r |>er8ons for the best price or prices that can be gotten for the same, by private
contract) or by publick auction or auctions to be holden for that purpose, of
^irbich six weeks previous notice shall be given in such manner as shall by any
&uch Act be directed with respect to the other notices thereby required ; and
the person or persons so purchasing the same shall immediately pay (by Way
oi" deposit) into the hands of the said commissioner or commissioners, or such
per«»on or persons as he or they shall direct and appoint, one tenth part of his,
her, or their purchase money, jvnd pay the remainder thereof within three
calendar months next after, or at such other time as the said commissioner or
commissioners shall appoint, and in default thereof the money so deposited
nhnll be forfeited, and shall be applied in carrying such Act into execution ;
and the said allotment or allotments for whicli the whole of such purchase
UM>ney shall not have been so paid, or for which there shall be no bidding at
such auction, shall be again put up to sale and sold in manner aforesaid for
the best price or prices that can be gotten for the same, or be sold by the said
OLimmiasioner or commissioners by private contract for any sum or sums not
lcj« than the remaining nine tenths of the price or respective prices for which
tl« same was or were respectively before sold, or tlie amount of one bidding
alxyve tVie sum or respective sums at which the same was or were respectively
pat up in the said former auction ; and every allotment for which the full
pardiase money shall be paid, shall immediately thereupon be absolutely
disdmrgcd of and from all common and other right thereon or therein, and be
Tested in fee simple in, and be inclosed, and theivjeforth held in severalty by
such parchaser or purchasers thereof respectively, as his, her, or their private
and absolute property, and shall be allotted accordingly by the said com-
miifidoner or commissionei-s ; and the said purchase money shall l^e applied in
defraying such charges and exigences i\h may be in any such Act dii*ected to be
ftoA and discharged by the sale of such land.
XXXIII. And for the better enabling such commissioner or commissioners
to determine the several mattera and things by this or any such Act refeiTed
to his or their deteimination, be it enacted, that it shall be lawful to and for
the .said commissioner or connnissionei-s from time to time, as he or they shall
see occasion, by any writing or wi-itings under his or their hand or hands, to
summon and require any person or pennons to appeal* before them at any time
and place in such writing to be appointed, to testify the truth touching the
matter in dispute between any proprietoi-s or interested peraons, or otherwise
relating to the execution of the powers given by this or any such Act, and to
cause a copy of such writing to be served on such peraon or persons required
to give evidence, or to be left at his, her, or their usual or last place of abode ;
and every person or persons so summoned, who shall not appear before the
said commissioner or commissioners pursuant to such summons (without
assigning some reasonable excuse for not appearing), or appearing shall refuse
to be sworn or examined on oath or affirmation, which oath or affirmation the
baid commissioner or commissionei-s is and are hereby empowered and required
to administer (such person or pei-sons having been paid or tendered to him,
her, or them, the reasoiiablc charges of his, her, or their attendance), and being
of the lands,
the commis-
sioners shall
set out and sell
such part as
they think will
mise a suffi-
cient sum, and
the purchasers
shall immedi-
ately deposit
a part of the
purchase mo-
ney, which
shall be for-
feited if the
remainder be
not duly paid.
CommissioBers
may sammon
witnesses, who
shall be subject
to |)enalty for
neglect to
attend, &o.
42 41 George III. (U. K.) c. 109. A.D. 1801.
thereof convicted before one of his Majesty's justices of the peace of the
county or district in which such lands are situated, upon information thereof
upon oath made before any such justice, shall, for every such neglect or
refusal, forfeit and pay such sum of money, not exceeding ten j>oiinds, nor less
than five pounds, as such justice or justices shall think fit and order.
NowitoeM XXXIV. Providei) always, and be it further enacted, that no witness
to trarei^be?^ Summoned to attend such commissioner or commissioners, shall be obliged to
yond a certain travel above eight miles from the boundary of the parish, manor, or district,
by any such Act intended to be inclosed.
Commissioners XXXV. And be it further enacted, that as soon as Conveniently may be
IneJudcon- ^^^^ *'^® division and allotment of the said lands and grounds shall be
taining sundry finished pursuant to the purport and directions of this or any such Act, the
SSich^shSi he ^^ Commissioner or commissioners shall form and draw up, or cause to be
read and exe- formed and drawn up, an award in writing, which shall express the quantity
meeting of the ^^ acres, roods, and perches, in statute measure, contained in the said lands
proprietors, and grounds, and the quantity of each and every part and parcel thereof
the next Sun- which shall be so allotted, assigned, or exchanged, and the situations and
^^*^h*h^ ,; descriptions of the same respectively, and shall also contain a description of
and then con- the roads, ways, footpaths, watercourses, watering places, quarries, bridges,
^'^^'ll" fences, and land marks, set out and appointed by the said conunissioner or
commissioners respectively as aforesaid, and all such other rules, orders, agree-
ments, regulations, directions, and determinations, as the said commissioner or
conmiissioners shall think necessary, proper, or beneficial to the parties;
which said awaitl shall be fairly ingrossed or written on parchment, and shall
be read and executed by the commissioner or commissioners, in the presence
of the proprietors who may attend at a special general meeting called for that
purpose, of which ten days notice at least shall be given in some paper to be
named in such Act and circulating in the county ; which execution of such
award shall be proclaimed the next Sunday in the church of the parish in
which such lands shall be, from the time of which proclamation only, and not
Award shall he before, such award shall be considered as complete ; and shall, within twelve
conrt of record <»lendar months after the same shall be so signed and sealed, or so soon as
at Westminster, conveniently may be, be inroUed in one of his Majesty's courts of record at
clerk of the Westminster, or with the clerk of the peace for the county in which such
peace of the lands shftU be situated, to the end that recourse may be had thereto by any
^^^'in- person or persons interested therein, for the inspection and perusal whereof no
spected and more than one shilling shall be paid ; and a copy of the said award, or any
for a certain part thereof, signed by the proper oflBicer of the court wherein the same shall
*'*™- be inroUed, or by the clerk of the peace for such county, or his deputy, pui*-
porting the same to be a true copy, shall from time to time be made and
delivered by such officer or clerk of the peace for the time being as aforesaid
to any person requesting the same, for which no more shall be paid than
Award and twopence for every sheet of seventy-two words ; and the said award, and each
iwd^e^ence ^Py ^^ ^® ^^^^ ^^ ^^ ^^^^ ^^ thereof, signed as aforesaid, shall at all times
and award to' be admitted and allowed in all courts whatever as legal evidence; and the
all p^ief in° ^^ award or instrument, and the several allotments, partitions, regulations,
terested. agreements, exchanges, orders, directions, determinations, and all other matters
and things therein mentioned and contained shall^ to all intents and purposes^
ID, 1801.
41 George III. (tJ. K.) c. 109.
43
be bindiBg and conclusive, except where some provision to the contrary is
herein or shall be by any such Act contained, unto and upon the said pro*
prietors, and all parties and persons concerned or interested in the same, or
in any of the lands, grounds, or premises aforesaid ; and also that the said
respective commissioners^ if they think it necessaiy, shall form or draw, or
caused to be formed and drawn, on parchment or vellum, such maps or plans
of the said lands and grounds, the better to describe the several new allot-
ments or divisions to be made and premises that shall be exchanged by virtue
of this Act, and which shall express the quantity of each allotment in acres,
roods, and perches, together wiUi the names of the respective proprietors at
the time of such division and allotment ; which said maps and plans shall be
annexed to and inroUed with the said respective award, and shall be deemed
and eoostraed in every respect as and for part of the said award
XXXVL Akd be it further enacted, that such commissioner or commis-
ttoners shall and he or they is and are hereby required to enter in a book
to he provided for that purpose, a particular account of all sums of money
▼h&iever received firom the proprietors or others during the progress of the
mdontre; and also of all the charges, expences, and disbursements which
tUQ ificnie or be made by virtue of any such Act, and in carrying the same
YiitofXiecation; which book of accounts shall be kept at the office of their
disk, tfffSDi at all seasonable times during the progress of the inclosure, and
tiU lU ihe accounts are finally settled, for the inspection of any of the pro*
prieh)^ without fee or reward ; and in cMSe any sudi commissioner or
oniifflinooeis, or his or their clerk, shall neglect to provide and keep such
iodk of accounts as aforesaid, or refuse the inspection thereof to any of the
proprieiovB at seasonable times in manner before mentioned, and shall be
enndcted thereof upon the oath of one or more credible witness or witnesses
Bot interested in the intended division and inclosure, before any justice of the
peiee of the county in which the lands or grounds to be inclosed shall be
atoate, or of such other county or place where such commissioner or derk so
offendiog shall be or reside, every such conmiissioner or clerk so causing such
neglect or refusal, and convicted as aforesaid, shall forfeit and pAy for every
sadi offence any sum not exceeding ten pounds nor less than five pounds, to
be levied, recovered, and applied in the same manner as other penalties are by
this Act directed to be levied, recovered, and applied.
XXX YIL Al^>^be it further enacted^ that all monies to be raised under and
by virtue of the powers contained in any such Act shall, from time to time, as
ofken as the same shall amount to the sum of fifty pounds, be paid to and
deposited in the hands of some banker, or such person or persons a« shall be
Approved by a majority in value of the proprietors who may be present at the
first meeting of such commissioner or commissioners ; and in the notice of
which meeting shall be expressed the intention of then appointing such banker,
or sudi other person or persons ; and no such monies deposited or paid into
the hands of such banker, or other person or persons to be appointed as afore*
said, shall be issued or paid by him or them without an order in writing under
the hands of such commissioner or oommissioneis, specifying the person ot
persons io whom the same are respectively payable, and the service or con-
fiderslioii for which the same are due ; and the balance, if any, upon the final
CommistioDers
maj fbrm mapB
of Ch« lands,
which shall be
annexed to the
award and
deemed part
thereoH
Commissioners
shaU keep an
account of all
monies receired
and disbursed,
which may be
inspected at
their clerk's
ofioe gratis.
Penalty for
not keeping
such account,
or for refusing
the inspection
thereof.
Monies raised
under any Act
shall bedepo-
nted with such
banker, &c.
as may be
approved by
a majority
in ralne of
the proprietors y
and shall not
beisfued
without an
otder from the
eomaussioners.
44
41 GEORaE Iir. (tr. K.) c. 109.
A.D. 1801.
The rector or
vicar with the
consent of the
bishop of the
diocese, and
of the patron
of the living,
may lease allot-
ments for 21
years, upon
certain con*
ditionis.
Kecovery and
application of
penalties.
Saving of the
riffhtM of lords
of manors.
settlement of accounts, shall be immediately repaid to the land owners in
proportion to the sums respectively paid by them.
XXXVI II. And be it further enacted, that it shall be lawful for the rector
or vicar for the time being of any parish wherein the lands and gi'ounds
intended to be inclosed shall be situate, by indenture or indentures under his
hand and seal, with the consent and approbation of the bishop of the diocese
and of the patron of the said rectory or vicarage, to lease or demise all or any
part or parts of the allotment or allotinents to be set out and allotted to any
such rector or vicar by virtue of any such Act, to any person or persons -whom-
soever, for any tenn not exceeding twenty-one years, to commence within
twelve calendar months next after the executing the award ; so that the rent
or rents for the same shall be thereby reserved to the rector or vicar for the
time being, by four equal quarterly payments in every year ; and so that there
be thereby also reserved and made payable to such rector or vicar the best and
most improved rent or rents that can reasonably be had or gotten for the same,
without taking any fine, foregift, premium, sum of money, or other considera-
tion, for the making or granting any fiuch lease or demise ; and so that no
such lessee by any such lease or demise be made dispunishable for waste by
any express words to be therein contained ; and so that there be inserted in
every such lease power of re-entry on nonpayment of the rent or rents to
bo thereby reserved, within a re&sonable time to be therein Limited, after the
same shall become due ; and so that a counterpart of such lease be duly
executed by the lessee or lessees to whom such lease shall be so made as afore«
said ; and every such lease shall be valid and effectual, any law or usage to
the contrary notwithstanding.
XXXIX. And be it further enacted, that all penalties and forfeitures
imposed by this or any such Act; or which shall be imposed by such commis-
sioner or commissioners under or by virtue of the authority of this or any
such Act, shall be levied and recovered before any one justice of the peace for
the county in which the lands or grounds to be inclosed shall be situate, and
residing near any such parish, and not interested in the matter in question ;
for which purpose it shall be lawful for any such justice of the peace^ upon
complaint made to him, to summon the paity accused and the witnesses on
both sides ; and upon the appeai-ance or contempt of the party accused, to
examine such witnesses upon oath (which oath any such justice is hereby
empowered to administer), and upon such evidence to give judgement accord-
ingly, and to condemn the party accused (proof of the accusation being made
by one or more witness or witnesses as aforesaid) in such penalties and
forfeitures as the offenders shall have incurred, and to levy such penalties and
forfeitures by distress and sale of the offender's goods and chattels, together
with reasonable costs ; all which penalties and foifeitures, the application
whereof is not particularly dij^ected by any such Act or this Act, shall, when
and so soon as the same shall be levied, be paid and applied to and for such
uses, intents, or purposes as such commissioner or commissioners, in and by
any writing or writings under his or their hands, or in and by his or their
award, shall order, direct, or appoint,
XL. And be it further enacted and declared, that nothing in such Act
contained shall lessen, prejudice, or defeat the right, title, or interest of any
A.D. 1801.
41 GeorQK III. (U. K.) c. 109
45
General saviufr.
lard or lady of any manor or lordship, or reputed manor or lordship, within
the jurisdiction or limits whereof the lands and grounds thereby directed to be
divided and allotted are situate, lying, and being, of, in, or to the seigniories,
rights, and royalties incident or belonging to such manor or lordship, or
reputed manor or lordship, or to the lord or lady thereof, or to any person or
persons claiming under him or her, but the same (other than and except the
interest and other property as is or are meant or intended to be barred by
such Act) shall remain, in as full, ample, and beneficial manner, to all intents
and purposes, as he or she might or ought to have held or enjoyed such rights
before the passing of such Act, or in case the same had never been made.
XLL Saying always to the King's most excellent Majesty, his heirs and
suoeessors, and to all and every other person and pei*sons, bodies politick and
' eorporate, and his, her, and their heirs, successors, executors, and adminis-
iratois, all such estate, right, title, and interest (other than and except such as
•re hereby intended to be barred, destroyed, or extinguislied) as they, every,
or any of them had or enjoyed of, in, to, or out of, or in respect of the said
lands, grounds, and premises so directed to be divided, allotted, and inclosed,
or exelianged as aforesaid, before the passing of such Act, or could or might
btve had or enjoyed in case the same had never been made.
IIIL And be it further enacted, that it shall and may be lawful for any
tiodrmore justices of the peace to take affidavits on oath or affirmation
(whA oath or affirmation such justices are hereby authorized and empowered
to administer) of the notices required for such Bills having been given, of the
eoQseots of the parties interested therein, of the allegations contained in the
preambles of such Bills, and of the quantity of the land to be inclosed ; and
ihsii such affidavits shall respectively be in the forms contained in the sche-
dule hereunto annexed, as near as the circuit)stances of the case will admit ;
and that such affidavits shall not be subject or liable to any stamp duties
whatsoever.
XLIII. And be it further enacted, that if any person or persons shall, in Persona for-
any examination, affidavit, deposition, or affirmation, to be had or taken in selv^"!© be^™
pursuance of this Act, before such justice or justices, or such commissioner or deemed guilty
commissioners, knowingly and wilfully swear or affirm any matter or thing
which shall be false or untrue, every such person so offending shall, on con-
viction thereof, be deemed guilty of perjury, and shall suffer the like pains
and penalties as persons guilty of wilful and corrupt perjury are now subject
and liable to.
XLIV. Provided always, and be it enacted, that all and every the powers, Power* of this
authorities, directions^ and provisioiLs in this Act contained, shall be only so binding only
fiir effective and binding in each particular case, as they or any of them shall *«*«»' ?■ "^^^
not be otherwise provided and enacted in any such Act hereafter to be passed vided in any°
as aforesaid. V^ial Act.
Two jiisticeA
may take affi-
davits of the
notices re-
quired havin^i:
been given, &c.
in the forms in
the schedule,
without stamps.
46 41 Qeqeoe III. (U. K.) c. X09. AJ). 1801.
SCHEDULE to which the Act refers.
(A.)
FoBM of Affidavit of NoTiOEa
A.B. of maketh oath and saith []or, being one
of the people called Quakers, upon his solemn affirmation, saith]] that he did
see a copy of the notice hereunto annexed affixed on the church door of the
parish of in the county of [or, on the several
church doors of the respective parishes of in the county of
or, in the several counties of and J
on the several Sundays herein-after mentioned ; videlicet [specifying the day*
on which the notices were affixed.]
Signed A.B.
Sworn [or, solemnly affirmed] before us, two of bis
M^esty's justices of the peace acting in and for the
and subscribed in our presence,
by the abov«-named AJi. this day of
in the year As witness
our hands and seals.
(B.)
Form of Affidavit of Consent.
A.B. of maketh oath, and saith [or being
one of the people called Quakers, upon his or her solemn affirmation, saith]
that he [or she] believes himself [or herself] to be interested in the proposed
inclosure of the in the
[here describe the place, whether parish, hamlet,
or place] in the county of by virtue of
[here set forth the interest of the deponent] ; [or] that he [or she] believes
that CD. of for whom he [or she] is guardian [et cetero,
as the case may be] is interested, et cetera ; and that he [or she] hath seen a
copy of an Act [here set forth the title of this Act], and also a copy of the
Bill intended to be presented to Parliament, and hath subscribed his [or her]
name, or hath set his [or her] mark to the same respectively, and doth consent
to the said Bill being passsd into a law.
Signed or marked A. 6.
Sworn [or, solemnly affirmed] before us, two of his
Majesty's justices of the peace, acting in and for the
^ and subscribed in our presence,
by the above-mentioned A.B. this day of
in the year As witness
our hands and seals.
The same form may be applied, mutatis mutandis, to the case of several
persons whose interests are joint, or whose interests, though distinct^ are of a
similar nature.
A.D. 1801.
41 George III. (U. BL) c 109.
47
(CO
Form of Afhdavit of Allegations of the Bill.
A.B. of maketh oath and saith [or being
one of the people called Quakers, upon his or her solemn affirmation, saith]
that [here set forth such of the several facts alledged in the preamble of the
Bill, as are within the knowledge of the witness] or, that he [or she] m
informed and verily believes that [here set forth such of the said facts as are
within the belief of the witness.]
Sworn [or, solemnly affirmed] before us, two of his
Majesty's justices of the peace, acting in and for the
and subscribed in our presence,
by the above-named A.B. this day of
in the year As witness
oar bands and seals.
Signed A.B.
(D.)
Form or Affidavit of Admeasurement.
A.B. tA maketh oath and saith [or being
of tbe people called Quakers, upon his solemn affirmation, saith] that he
lias smreyed and admeasured the several lands in the parish or
luunlel of in the county of [or, counties of
] described in the Bill intended to be presented' to Parlia-
ment^ and signed by the deponent, by the name [or names] of
and that the quantity of such lands amounts to and no more
aoDording to such admeasurement, and the best of this deponent's judgement
A.B.
Sworn [or, solemnly affirmed] before us, two of his
If ajesty s justices of the peace acting in and for the
and subscribed in our presence .
by the above-named A.B. this day of
in the year As witness
our hands and seals.
48
4?2 George III. c. 46.
A.D. 1801-2.
42 GEORGE III. A.D. 1801-2.
STATUTES MADE AT THE PARLIAMENT
Begun and holden at Westminster, the Twenty-second Day of Janfart,
A.D. 1801,
In the FORTY^FIRST Year of the Reign of
King GEORGE the Third,
And from thence continued bv several Prorogations to the
Twenty-ninth Day of October, AD. 1801,
Being the Second Session of the First Parliament of the United
Kingdom of Great Britain and Ireland.
Recital of
43 Eliz. c. 2.
The overseers
of the poor
shall, after
.lune 1, 1802,
keep a book
for entering
the name of
every ap-
prentice bound
out by them,
and each entry
Khali be signed
by two justices,
according to
the form in the
schedule.
CHAPTER XLVI.
An Act to require Overseei-s and Guardians of the Poor, to keep a Register of
the several Children who shall be bound or assigned by tiiein as Appren-
tices ; and to extend the Provisions of an Act passed in the Twentieth
Year of the Reign of his present Majesty, to the binding of Apprentieas
by Houses of Industry, or Establishments for the Poor, which have been
authorized so to do by subsequent Acts. [7th May 1802.]
IITHEREAS by an Act passed in the forty- third year of the reign of Queen
* ^ Elizabeth, intituled " An Act for the relief of the poor," the overseers of
the poor of every parish are enabled to bind out any }xx)r children as appren-
tices, until every such poor male child shall attain the age of twenty-four
years, and until every such female child shall attain the age of twenty-one
years, or the time of her marriage : And whereas it would tend to the benefit
of the children so bound as apprentices, if the overseers of the poor were
required to keep a register of all children who shall l>e so bound : May it
therefore please your Majesty that it may be enacted, and be it enacted br
the King s most excellent Majesty, by and with the advice and consent of the
lords spiritual and temporal, and commons, in this present Parliament asseiiJ-
bled, and by the authority of the same, that the overseers of the poor of every
parish, township, or place, appointed by virtue of the said recited Act> passed
in the forty-third year of tlie reign of Queen Elizabeth, shall, from and after
the fii-st day of Jime, and they are hereby required to provide and keep a book
or books, at the expence of the said parish, township, or place, and to enter or
cause to be entered therein the name of every child who shall be bound out I»y
them respectively as an apprentice, together with the several other particulars,
in manner and form required by this Act, according to the schedule hereunto
annexed ; and every such entry, when made in the said register, shall be pro-
duced and laid before the two justices of the peace who shall signify their
assent to the indenture of apprenticeship of every such child, at the time when
such indenture shall be laid befoi'e such justices for their assent, as I'equired by
the said recited Act ; and each entry in the said register shall, if approved of
by such justices, be signed by them according to the foi^m marked in the
schedule hereunto annexed.
A.D. 1801-2.
42 George III. a 46.
49
11. And be it further enacted, that if any overseer or overseers of the poor Penalty for
shall refuse or nefflect to provide and keep such book or books or to make not providing
_ o x" I . /«• such book, or
such entry tberein as before directed, or shall destroy, or permit, suffer, or neglecting to
cause to be destroyed, any such book or books, or shall wilfully and knowingly ™^® "^^«in
obliterate, deface, or alter any such. entry, so that the same shall not be a true &c
entiy of the several particulars hereby required, or shall wilfully and know-
ingly make a false entry therein, or shall so permit, suffer, or cause the same
to be done, or shall not produce or lay such book or books before such justices
as aforesaid for their signatures, or shall not deliver or tender, or cause to be
di^vered or tendered, such book or books to his, her, or their successor or
suooessors in office, within fourteen days after the appointment of such suc-
eesBor or successors, or if any such successor or successors shall refuse or neglect
to receive the same when offered or tendered to him or them by his or then*
predecessor or predecessors in office, then and in every such case every such
person so offending shall, for every such offence, on being convicted thereof
before any two justices of the peace for the county, city, or place where the
offence shall be committed, on the oath of any credible witness (which oath
such justices are hereby empowered and required to administer), or on the
Tohmtaiy confession of the party or parties, forfeit and pay a sum not exceed-
ing five pounds, to be recovered by distress and sale of the goods and chattels
of the offender or offenders, by warrant under the hands and seals of the
jusAicea Wore whom the offender or offenders shall be convicted, and the
overplus (if any) of the money arising by such distress and sale shall be re-
tmned upon demand to the owner or owners of such goods and chattels, after
dednetoig the costs and charges of making, keeping, and selling such distress ;
and soch penalties and forfeitures shall be applied for the use of the poor of
the parish, township, or place, for which such offender or offenders shall be
overseer or overseers ; and in case sufficient distress cannot be found, or such
penalties and forfeitures shall not be paid forthwith, it shall and may be lawful
to and for such justices, by warrant under their hands and seals, and they are
h^eby required to commit every such offender to the common gaol or house of
correction of the county, city, or place where the offence shall be committed,
there to remain without bail or mainprize, for any time not exceeding one
calendar month, unless such penalties and forfeitures shall be sooner paid and
satisfied
IIL And be it further enacted, that it shall and may be lawful for any Books may be
person or persons, at all seasonable hours, to inspect such book or books in the g^^^^^eemed
hands of the said overseer or overseers, and to take a copy of such entry in such evidence in
book or books, upon payment of the sum of sixpence, except in case of any of oflndenturea.
bis Majesty's justices of the peace acting in and for the said coimty, who shall
be entitled at all such times to inspect such book gratis ; and every such book
shall be and be deemed to be sufficient evidence in all courts of law whatso-
ever, in proof of the existence of such indentures, and also of the several
particulars specified in the said register respecting such indentures, in case it
shall be proved to the satisfaction of such court that the said indentures are
lost or have been destroyed.
IV- And be it further enacted, that the justices of the peace before whom
any person shall be convicted by virtue of this Act, shall and may cause
the conviction to be drawn up in the following form ; (videlicet,)
VOL. TV. D
50
ii Qeoege III. c 4fG.
A-D. 1801-2.
Fonnof con-
yiction.
* "DE it remembered, that on the
* -"^ year of our Lord
When assign-
ments of ap-
prentices take
place under
32 Geo. 3.
c. 57, an entry
thereof shall
be made in
such books in
manner herein
directed.
Persons having
like powers as
overseers of
the poor to
bind out ap-
prentices shall
comply with
the directions
of this Act
Appeal may
be made to
quarter
sessions.
day of in the
A.B. is convicted before us, two of
* his Majesty's justices of the peace for the , [specifying the offence,
' and the time and place when and where committed, as the case may be]
^ contrary to an Act made in the forty-second y^ar of the reign of King George
^ the Third, intituled [here set forth the title of this Act]. Given tinder our
^ hands and seals the day and year above mentioned.'
Y. Antd be it further enacted, that whenever any such apprentice shall be
assigned or boimd over to any other master or mistress by virtue of an Act
passed in the thirty-second year of the reign of his present Majesty, intituled
" An Act for the further regulation of parish apprentices/^ then and in every
such case, the overseer or overseers, party or parties to' the ajssignment of such
apprentice, shall insert the name and residence of the master or mistress to
whom such apprentice shall be assigned or bound over as aforesaid^ together
with the other particulars, in the book or books herein directed to be provided
and kept by such overseer or overseers ; and for non-performance thereof^ eveiy
such overseer or overseers shall be liable to the pains, penalties^ and forfeitures
ixicurred by this Act^ in like manner as if such apprentice had been originaDj
bound to such master or mistress.
VL And whereas by different Acts of Parliament the like powers are gmx
to certain persons therein named, for binding out parish apprentices, as are given
to ihe overseers of the poor : Be it therefore enacted, that such several persons
shall be subject to the like pains, penalties, and forfeitures, for non-compliance
with the several provisions and directions in this Act contained for registering
any parish apprentice bound out or assigned by them respectively, to which
overseers of the poor are subject and liable by virtue of this Act for non-
compliance with such provisions and directions.
VIL And be it further enacted, that if any person or persons shall think
himself, herself, or themselves aggrieved by anything done in pursuance of this
Act, it shall and may be lawful to and for such person or persons to appeal to
the justices at the first general quarter sessions of the peace to be holden for
the county or place where the cause of appeal shall arise, within four calendar
months next after the cause of appeal shall have arisen, on giving to the person
or persons appealed against ten days notice of such appeal, and of the matter
thereof; and the justices at such sessions are hereby authorized and required
to hear and determine the matter of^ such appeal in a summary way, and to
grant such costs and expences to either party as to them shall seem reasonable
Form of the Register.
Nam-
ber.
Date of
Inden-
tuit}.
Name of
the Ap-
prentice.
Sex.
Age.
His or her
Parents
Names.
Their Re-
sidence.
Name of
Persons to
whom
bound or
assigned, as
. the Case.
maybe.
Hijor
her
Trade.
His or
her Re-
sidence.
Term of
the Ap-
prentice-
shi[por
Assign-
ment.
Appron-
tioeor
Assign-
ment
Fee.
Overseers
Parties
to the
Indenture
or Assign-
ment.
Hsgistratea
absenting.
(To be sijpwd
by tbeiiuelv«<' J
A.D. 1801-2.
42 George III. a 5C.
51
CHAPTER LVI.
An Act to repeal an Act passed in the Twenty-fifth Year of the Reign of his
present Majesty, for granting Stamp Duties on certain Medicines, and for
charging other Duties in lieu thereof ; and for making effectual Provision
for the better Collection of the said Duties. [3d June 1802.]
IL And be it further enacted, that from and after the said first day of September Stamp duties on
one thousand eight hundred and two there shall be raised, levied, and paid throughout medicines.
Great Britain, unto and to the use of his Majesty, his heirs and successors, the several
ntes and duties following ; (that is to say,) for and upon every packet, box, bottle, pot,
phiil, or other inclosure, containing any drugs, herbs, pills, waters, essences, tinctures,
powders, or other preparation or composition whatsoever, used or applied or to be used
or applied externally or internally as medicines or medicaments, for the prevention,
cnre^or relief of* any disorder or complaint incident to or in anywise a&cting the
human body, which shall be uttered or vended in Great Britain, there shall be charged
a stamp duty aecoiding to the rates following; {Rep., Stat. Law Be v. Act, 1872.}
in. AhJ) be it further enacted, that the rates and duties by this Act granted Bnties to be
shaft be payable and paid by the owners and proprietors, or makers and com- ^^^ ^l^
poooders, or original and first vendors of such drugs, herbs, oils, waters, of such drags
A" ^j_ J Lr. x« 'x* p 'J before sale, &c.
OKDOSB) tinctures, powders, or other preparations or compositions aforesaid, '
sod doll be charged upon and payable and paid in respect of the same, and
d evoy packet, box, bottle, pot, phial, or other inclosure aforesaid, with any
sndieontats as aforesaid, before the same shall be first sold by or delivered out
ol Que embody or possession of the owners, proprietors, makers, compounders,
or d^ziuJ and first) vendors thereof, for sale, either wholesale or retail, either
br ibteign or home consumption or otherwise^ and before the same shall in
my way be uttered or vended, either for foreign or home consumption, or
exposed to sale, or offered or kept ready for saJe, and not in bulk, in any shop,
^use, or other place^ by any such owner, proprietor, maker^ compounder,
or original and first vendor aforesaid, or any person or persons on his or her
behalf
TL Ahd be it further enacted, that every owner, proprietor, maker, and compounder
o( aod every person in Great Britain uttering, vending, or exposing to sale, or
keBpmg ready for sale, aziy such drugs, herbs, pills, waters, essences, tinctures, powders,
or other preparations or compositions whatsoever, used or applied, or to be used or
appHed externally or internally as medicines or medicaments, for the prevention, cure,
or relief of any disorder or complaint incident to or in anywise affecting the human
body, or any packets, boxes, bottles, pots, phials, or other inclosures aforesaid, with
any such contents as aforesaid, subject to the duties herein-before granted, shall
aaxmally take out a licence ; and that for and upon every licence so taken out by any
such person who shall reside within the cities of London or Westminster, the borough
of Southwark, or within the limits of the two-penny post, or within the city of
Edinburgh, there shall be charged a stamp duty of forty shillings ; and for and upon
every licence so taken out by any other such person who shall reside in any city,
bcnrough, or town corporate, or in the towns of Manchester, Birmingham, or Sheffield,
there shall be charged a stamp duty of ten shillings ; and for and upon every licence
ao taken out by any other such person residing in any other part of Great Britain
there shall be charged a stamp duty of five shillings. {Bep.,'Stat. Law Bev. Act, 1872.J
VJJL And be it further enacted, that from and after the first day of September
one thousand eight hundred and two, any two or more of his Majesty's commissioners
appointed for managing the duties arising by stamps on vellum, parchment, and paper,
D 2
Persons mak-
ing or sellmg
medicines
liable to duties
to take oat
an annual
licence.
Bates of duties
on licences.
42 Georqe III, c. i
A.D. 1801-2.
Persons mak-
ing or Belling
medicinei liable
to duties with-
out a licence,
shall forfeit 30/.
Persons mak-
ing saeh me-
dicines (hall
apply to flw
of stamps for
coTen or labels,
sod deliTer in
or some person duly authorized hy them, shall grant licences to all such persona as are
require to take out any licences under this Act ; and |Kep., Stat. Law Bev. Act,
1872.J the said licences shall continue in force until the first day of September
in each year, to commence from the day of the date of every such licence ; and
every owner, proprietor, maker, compounder, or person who shall utter, vend,
or expose to sale, or keep ready for sale, any such drugs, herbs, medicines,
medicaments, or other preparations or compositions aforesaid, packets, boxes,
bottles, pots, phials, or other inclosures aforesaid, with imy such contents u
aforesaid, shall in like manner renew such licence from year to year, paying
down the respective sums due for the stamps on such licences as aforesaid.
IX. And be it further enacted, that from and after the said first day rf
September one thousand eight hundred and two, no person whatsoever shsli
in any manner take or receive any profit, advantage, or emolumeot as the
owner or proprietor of, or make or oompouad, or utter, vend, or expose to
sale, or keep ready for sale, any drugs, herbs, medicines, medicaments, or other
preparations or compositions aforesaid, or any packets, boxes, bottles, pots,
phials, or other indosures aforesaid, with any such contents aa aforesaid, which
shall be subject to the duties granted by this Act, unless he or she shall have
first obtained a licence in such manner as is herein-before directed, upon pain
to forfeit for every such oSence the sum of twenty pounds, to be recovweJ
and applied as herein-before is directed.
X. And in order to secure the duties hereby imposed, be it further enacted,
that every person and persons making, compounding, preparing, uttering,
vending, or exposing to sale, or keeping ready for sale, any such drugs, herb«,
medicines, medicaments, or other preparations or compositions aforesaid, or
any packets, boxes, bottles, pots, phials, or other iuclosurea aforesaid, with any
such contents as aforesaid, which are subject to the duties hereby granted,
shall from time to time apply to the said commissioners of stamps, or to the
officers appointed for the purpose, for paper covers, wrappers, or labels to be
pasted, stuck, fastened, or aifixed to such packets, boxes, bottlea, pots, pbiids,
or other inclosures, with any such content-s as aforesaid ; and every such peraon,
at the time of making such application, shall deliver or cause to be delivered
to the officer of stamps to whom such application shall he made a note in
writing containing his name and place of abode, and the place where the drug,
herb, medicine, medicament, preptmition, or composition in respect whereof
such application shall be made is first sold, and every such note in writing
shall be filed by the officer of stamps to whom the same shall be delivered.
XI. And be it further enacted, that the said commissioners, or the major
part of them as aforesaid, shall and they are hereby directed and required to
print or impress, or cause to be printed or impressed, on the said papers,
covers, wrappers, or labels, some mark, device, or some particular word or
words to denote the said duties and the rate thereof, and the said commis-
sioners are hereby also required to deliver or cause to be delivered, from time
to time, to every such licensed owner, proprietor, maker, compounder, or
vendor, as occasion shall require, sufficient covers, wrappers, or labels for the
purpose aforesaid, on payment of the respective sums due for the stamps
thereon ; and all and every the packets, boxes, bottles, pots, phials, and othfir
inclosures aforesaid, with any such contents as aforesaid, when and as soon as
the same shall be made ready for sale, and shall be kept ready for sale, an^
J
A.D. 1801-2.
42 George III. a 56.
53
before the same are uttered, vended, or exposed to sale by any person or
persona whatsoever, to any person or persons whatsoever, either wholesale or
retaU, shall have well and suf&ciently pasted, stuck, fastened, or affixed thereto
sod) covers, wrappers, or labels, stamped, marked, impressed, or distinguished
$8 aforesaid, in such manner as the said commissioners shall direct ; and the
w<f commissioners shall from time to time devise and direct the manner in
which sach covers, wrappers, or labels shall be pasted or affixed to the said
wares or other article or articles aforesaid, or to the papers, thread, or other
ihing inclosing or which shall be directed by the said commissioners to inclose
the same, and to make such rules and regulations in that behalf as they shall
think fit and necessary to prevent any such covers, wrappers, or labels afore-
said fix)m being made use of again after they shall have been sold and dis-
posed of; which rules, regulations, and directions shall be delivered to all
and every owner, proprietor, maker, compounder, and vendor aforesaid, at
the time of his, her, or their taking out his or her first licence directed
to be taken out by this Act, and so from time to time with every future
licence which shall be granted, if any variation or alteration shall have been
made in such rules, regulations, or directions.
#•'• • * • * * •
ini. A^^> to prevent the cover, wrapper, or label, and the mark or stamp
tWreoQ, hereby directed to be pasted, stuck, fastened, or affixed to every
pidL€t,\)ox, bqttle, pot, phial, or other inclosure containing any drug, herb,
medione^ medicament, or other preparation or composition aforesaid, from
bezoj^ made use of again after they have been sold and disposed of, to be
iilxecl to other packets, boxes, bottles, pots, phials, or other indosures con-
taoiing any drugs, herbs^ medicines, medicaments, or other preparations or
eompoBitions aforesaid, by which practices his Majesty's revenue might be
lesKDed or diminished, be it therefore enacted, that if any person or persons
shall, from and after the first day of September one thousand eight hundred
and two, firaudulently cat, tear, or take off any mark or stamp in respect
whereof or whereby any duties are hereby payable or denoted to be paid or
payable to his Majesty on any packet, box, bottle, pot, or phial, or other
indosore containing any drug, herb, medicine, medicament, or other preparation
or compositton aforesaid, subject to the duties hereby imposed, after the same
shall have been sold or disposed of as aforesaid, or shall fraudulently paste,
stick, fasten, or affix to any such packet, box, bottle, pot, or phial any cover,
wrq>per, or label so marked and stamped as aforesaid, the same having once
been made use of for the purpose aforesaid, or shall utter, vend, or expose to
sale any packet, box, bottle, pot, phial, or other inclosure containing any drug,
herb, medicine, medicament, or other preparation or composition aforesaid,
with such cover, wrapper, or label so fraudulently cut, torn, or taken off as
aforesaid, and pasted, stuck, fastened, or affixed thereto, all and every person
and persons so offending in any of the particulars before mentioned shall for
every such offence forfeit and pay the sum of twenty pounds, to be recovered
and applied as herein-after is directed.
XIV. And to prevent persons from fraudulently selling or buying any
covers, wrappei"s, or labels, which have been before made use of for denoting
any of the duties by this Act imposed, of any packets, boxes, bottles, pots,
glials, or other inclosiu*es wherein any drugs, herbs, medicines, medicaments,
PenoDfi fraa-
dalentlj taking
off labels after
the medicines
are sold, or
nsing such
labeb a second
time, &c., shall
forfeit 80/.
54
42 Geobqe III. c. 56.
A.D. 1801-2,
Persons selling
or buying
labels for the
purpose of
being used a
second time,
or selling any
packet with
such a label,
shall forfeit 20/.
Either buyer
or seller may
inform against
the other, and
be himself in-
demnified.
or other preparations or compositions aforesaid shall have been contained, and
sold and disposed of with such covers, wrappers, or labels pasted, stnc^
fastened, or affixed thereto, be it further enacted, that' if any person or persons
shall, from and after the first day of September one thousand eight hundred
and two, sell or buy any such cover, wrapper, or label whicb hath before been
made use of for the inclosing any packet, box, bottle, pot, or phial, or other
inclosure of any drug, herb, medicine, medicament, or other preparation or
composition liable to the duty hereby imposed, in order to be again made
use of for the like purpose, or shall sell any patcket, box, bottle, pot, phial, or
other inclosure, with such cover, wrapper, or label which hath before been
made use of as aforesaid pasted, stuck, fastened, or affixed thereto, every such
person so offending shall for every such offence forfeit and pay the sum of
twenty pounds, to be recovered and applied as herein-afber is directed.
XV. Provided always, and be it further enacted, that if either the buyer
or seller of any such drug, herb, medicine, medicament, or other preparation
or composition, or of any such cover, wrapper, or ]abel, or any such packet,
box, bottle, pot, phial, or other inclosure, shall inform against the other party
concerned in buying or selling such drug, herb, medicine, medicament, or
other preparation or composition, or cover, wrapper, or label, or such packet^
box, bottle, pot, phial, or other inclosure, the party so informing shall be
admitted to give evidence against the party informed against, and shall be
indemnified from the penalties by him or her incurred, and shall receive the
same benefit and advantage as any other informer shall be entitled to by
virtue of this Act for such information.
Notice shall
be given to
the commis-
sionen for
stamps of the
place of making
or selling
medicines, and
of any change
of place, on
penalty of 10/.
XYII. Akd whereas the pasting on and affixing the said covers, wrappers,
or labels in the manner and under the several rules, regulations, and directioDS
to be made by the said commissioners, will tend greatly to secure the said
duties by this Act granted : Be it therefore enacted, that from and after the
said first day of September one thousand eight himdred and two, every person
and persons who shall make, prepare, or compound, or keep ready for sale, or
utter, vend, or expose to sale, any such drugs, herbs, medicines, medicaments,
preparations, or compositions aforesaid, or any packets, boxes, bottles, pots,
phials, or other inclosure aforesaid, with any such contents as aforesaid, liable
to any of the duties granted by this Act, shaD, before they respectively obtain
a licence in pursuance of this Act, give or send notice in writing of the usual
shop, house, or place, shops, houses, or places, where they respectively shall
make, prepare, compound, keep ready for sale, utter or vend or expose to sale
the same, or intend so to do, which notice shall be given or sent to the com-
missioners for the time being for managing the duties on stamped vellum,
parchment, and paper, or to their officers next adjacent to the place or places
respectively where the same are made, prepared, compounded, kept ready for
sale, uttered, vended, or exposed to sale, or intended so to be ; and the like
notice shall be given or sent by every such person or persons as often as they
respectively shall change any such place ; which notice shall contain the par-
ticular shop or house wherein the same are so made, prepared, compounded,
kept ready for sale, vended or exposed to sale, or intended so to be ; upon pain
that every person making default in giving notice as aforesaid, or giving any
■
I
I
A.D. 1801-2,
42 Geobge III c. 56.
55
fabe notice, shall forfeit and pay the sum of ten pounds, to be recovered and
applied as herein-after is directed.
XYin. Fboyibed always, and be it further enacted, that in case any
eorers, wrappers, or labels shall be damaged, defaced, or spoiled in affixing the
same upon such wares or other articles as aforesaid, or otherwise, so as to be
lendered unfit for use, it shall and may be lawful for any person or persons,
licensed in pursuance of this Act, to bring such covers, wrappers, or labels so
marked and stamped as aforesaid, together with the wares or other articles to
whidi the same shall have been affixed, to the commissioners for managing
the stamp duties, or to the head officer appointed by them ; and . on oath (or
aokmn a^mation in case such licensed person shall be one of the people
called Quakers) thereof made by such licensed person to the satisfaction of
the said commissioners or head officer so appointed (who are hereby authorized
to administer such oath or solemn affirmation, and to examine into all cir-
cumstances relating to the damaging, defacing, pr spoiling the same), that
sodi covers, wrappers, or labels so defaced or spoiled, or rendered unfit for the
purpose intended, have not been used for any other purpose, or in any other
maimer whatsoever, and that none of them have been fraudulently re-bought
or returned, after the same have been sold or disposed of, and that no money
01 ottier consideration hath been paid or given for the same, save and except
tbe money first paid for such covers, wrappers, or labels at the stamp office or
o&ei^aGes appointed by the commissioners for the distribution thereof, then
aod in such case the said commissioners are hereby required and directed, after
destnyiDg such defaced covers, wrappers, or labels, to deliver to such licensed
person other covers, wrappers, or labels of the same denomination or value
instead of the covers, wrappers, or labels so damaged, defaced, or spoiled, or
rendered unfit for use as aforesaid, without demanding or taking, directly or
nidiiectly, for the same, any sum of money or other consideration whatsoever.
Coverfl or labels
defiicedin
affixing them
on the articles
may be re-
tomed to the
commissioners
for stamps,
who, on oath
being made
that the same
have not been
fraudulently
used, &c. shall
deliver others
of the like
value.
XXIIL And be it further enacted, that all pecuniary penalties imposed on
any person or persons for offences committed against this Act shall and may
be sued for and recovered in any of his Majesty's courts at Westminster for
offences committed in that part of Great Britain called England, the dominion
of Wales, or the town of Berwick-upon-Tweed, and in his Majesty's Court of
Sessions, Court of Justiciary, or Court of Exchequer in Scotland for offences
committed in that part of Great Britain called Scotland, by action of debt^
biD, plaint, or information, wherein no essoign, protection, privilege^ wager of
law, or more than one imparlance, shall be allowed.
Penalties
whereto be
sued for.
XXV. Provided always, and it is hereby enacted, that it shall and may be
lawful to and for any justice of the peace, residing near the place where the
ofience shall be committed, to hear and determine any offence against this Act
which subjects the offender to any pecuniary penalty, at any time within six
months after the offence committed or to be committed against this Act ; and
any justice of the peace, residing near the place where any offence shall be
committed under this Act, is hereby authorized and required, upon any infor-
mation exhibited or complaint made in that behalf, to summon the party
accused, and also the witnesses on either side, and shall examine into the
matter of fact, and upon due proof made thereof, either by the voluntary
Justices may
determine
matters relative
to any peca-
niary penalties.
56
42 Geoboe III. c. 66.
AD. 1801-2.
Appeal maj be
made to quarter
sessions.
Witnesses
neglecting to
attend shall
forfeit 408,
Form of con-
Tiction.
Convictions
not to be re-
moved b^
certioran.
confession of the party or by the oath of one or more credible witness or
witnesses, to give judgment or sentence for the penalty or forfeiture, according
as in and by this Act is directed, and to award and issue out his warrant
under his hand and seal for the levying any pecxmiary penalties or for*
feitures so adjudged on the goods of the offender, and to cause sale to be made
thereof in case they shall not be redeemed within six days, rendering to the
party the overplus, if any, and where the goods of the offender cannot be found
sufficient to answer the penalty, to commit such offender to prison, there to
remain for the space of three months, unless such pecuniary penalty shall he
sooner paid and satisfied ; and if any peraon or persons shall find himself or
themselves aggrieved by the judgment of any such justice, then he or they
shall and may, upon giving security to the amount or value of such penalty
and forfeiture, together with such costs as shall be awarded in case such
judgment shall be affirmed, appeal to the justices of the peace at the next
general quarter sessions for the county, riding, shire, stewartry, or place, who
are hereby empowered to summon and examine witnesses upon oath, and
finally to hear and determine the same ; and in case the judgment shall be
affirmed it shall be lawful for such justices to award the person or persons to
pay such costs occasioned by such appeal as to them shall seem meet.
XXVL And be it enacted, that if any person or persons shall be summoned
as a witness or witnesses to give evidence before such justice or justices of the
peace touching any of the matters relative to ^this Act, either on the part of •
the prosecutor or of the person or persons accused, and shall neglect or refuse
to appear at the time and place to be for that purpose appointed, without a
reasonable excuse for such his, her, or their neglect or refusal, to be allowed of
by such justice or justices of the peace before whom the prosecution shall be
depending, that then every such person shall forfeit for every such oflfence the
sum of forty shillings, to be levied and paid in such manner and by fiucb
means as herein-before directed as to other penaltiea
XXVII. And be it further enacted, that the justice or justices of the peace
before whom any offender shall be convicted as aforesaid shall cause the said
conviction to be made out in the manner and form following, or in any other
form of words to the same effect, mutatis mutandis ; that is to say^
* T3E it remembered, that on the day of in the
* -^^ year of our Lord in the county
' of AB, of was convicted before? me CD.,
' one of his Majesty's justices of the peace for the said county residing near the
' place where the offence was committed, for that the said A.B. on the
' day of now last past, did contrary to the form of the
* statute in that case made and provided [here state the offence against the
* Act] ; and I do declare and adjudge that the said AB. hath forfeited the
* sum of of lawful money of Great Britain for the offence
* aforesaid, to be distributed as the law directs. Given under my hand and
' seal the day of .'
XXVIII. Provided always, and be it further enacted, that
. . . no such conviction shall be removed by certiorari into any other court
whatsoever.
A.D. 1801-2.
42 George III. c. 56, 67.
57
TYT And be it farther enacted, that if any person or persons shall at any General i«au©
time or times be sued, molested, or prosecuted for any thing by him or them
done or executed in pursuance of this Act^ or of any clause, matter, or thing
herein contained, such person or persons, shall or may plead the general issue,
and give the special matter in evidence, for his or their defence ; and if upon the
trial a verdict shall pass for the defendant or defendants, or the plaintiff or plaintifln '^'^cblo ooiU.
beconae nonsuited, then such defendant or defendants shall have treble costs avrardod
to him or them against such plaintiff or plaintiffs. {Rep., 5 & 6 Viet. c. 97. s. 2.]
CHAPTER LXVII.
An Act to extend the Provisions of an Act made in the Thirteenth Year of the
Reign of his present Majesty intituled " An Act for repealing so much of
" an Act, made in the Twenty-third Year of his late Majesty King George
" the Second, as relates to the preventing the stealing or destroying of
** Turnips, and for the more effectually preventing the stealing or do-
" stroying of Turnips, Potatoes^ Cabbages, Parsnips, Pease, and Carrots,"
to certain other Field Crops, and to Orchards ; and for amending the said
Act. 1*1 [22d June 1802.]
'^n^HEBEAS an Act was passed in the thirteenth year of the reign of his
^ ^ present Majesty, for the more effectually preventing the stealing or
destrqyiDg of turnips, potatoes, cabbages, parsnips, pease, and carrots, growing
or beings in any garden, lands, or grounds opened or enclosed, whereby certain
pena/des are inflicted upon persons offending against the said Act : And whereas
it is expedient that the provisions of the said Act should be extended and
amended : May it therefore please your Majesty that it may be enacted, and
be it enacted by the King's most excellent Majesty, by and with the advice and
conaent of the lords spiritual and temporal, and commons, in this present Par-
liament assembled, and by the authority of the same, that from and after the
paasingof this Act, if any person shall steal, take away, wilfully or maliciously
pull up, injure^ or destroy any turnips^ potatoes^ cabbages, parsnips, beans, pease,
or carrots, growing or being in any garden, orchard, lands, or grounds, open or
inclosed, and shall be thereof convicted before any justice or justices of the
peace for the county or place where the offence shall be committed, in the man-
ner directed by the said recited Act, every such person so offending, and being
convicted as aforesaid, shall forfeit and pay, upon such conviction, such sum or
sams of money, not exceeding the sum of twenty shillings over and ab</ve the
value of the goods stolen, taken away, wilfully or maliciously polled up, injore^l,
or destroyed, as to sudi justice or justices shall seem meet ; which penalties
and forfettnies shall be recovered and applied in the same manner and upon
the flame evidence as the penalties and forfeitures imposed by the said rtxiteil
Act mre thereby directed to be recovered and applied ; and in default of payment
of the said penalty, soch justice or justices shall commit the offender to th^;
hoose of coTTeetiony there to be kept U} hard labour for any time not excf:fA\n^
two monifaa^ unless such penalty shall be sooner paid or satisfi^L
n«cital of
18 Geo. 8.
0. 33.
If Mijr person
•ball it«al, ke,
or destroy gay
tamipi, ke.
growing In wny
or tnelofed,
and beeon-
rielcd before*
Jnftiee in mnu»
tier dirteUA hf
recited ^ctf
be Ahall fmftk
no4 exe^^m^
30«. beeidee tbe
value of the
goode, 4e, ^
pBep^ as to Engknd, 7 & 8 Geo. 4. c 27, b. LJ
V ^
58
42 Qeoboe IIL c 68.
A.D. 1801-2.
%■
LtS*'
C. ^ . ■'
Irish Act,
37 Geo. 3. c. 2.
Troops or
companies of
volunteers
under officers
having com-
missions from
his Majesty, or
from the chief
governor of
Ireland, shall
receive cloth-
ing, arms, &c.
and such pay
as shall he ap-
pointed while
called out on
exercise, not
exceeding two
days in each
month.
One seijeant
and one trum-
peter or drum-
mer in every
troop, &C. shall
he entitled to
daily pay.
Volunteers
not to be sub-
ject to military
discipline.
When orders
shall be given
to discontinue
the services of
any troop or
company, the
commandiing
CHAPTER LXVIII.
An Act to enable his Majesty to accept and continue the Services of certain
Troops or Companies of Yeomanry in Ireland. [22d June- 1802.]
'HEREAS it is expedient that his Majesty should be enabled to accept
w
«
€t
tc
and continue the services of such troops or companies of bis Majesty's
loyal subjects in Ireland, as have voluntarily associated and enrolled themselves
under and by virtue of an Act passed in the Parliament of Ireland in the
thirty-seventh year of his Majesty's reign, intituled " An Act for encouraging
and disciplining such corps of men as shaE voluntarily enrol themselves
under officers to be commissioned by his Majesty, for the defence of this
Kingdom during the present war," or as shall hereafter voluntarily associate
and enrol themselves, or be continued or formed in manner herein-after men-
tioned ; and that his Majesty or the chief governor or governors of Ireland for
the time being should also be empowered, according to his or their discretion,
fully to discharge and dismiss the said troops or companies, or any of them,
and to call in and receive the arms, accoutrements, and clothing of such
troops or companies as shall be so discharged or dismissed : Be it therefore
enacted by the King's most excellent Majesty, by an^ 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 if any of hia
Majesty's loyal subjects in Ireland, shall have voluntarily associated and
enrolled themselves, or shall hereafter be associated and enrolled, or formed or
continued in troops or companies under officers having conunissions from his
Majesty, or from the chief governor or governors of Ireland for the time being,
duly authorized thereto by his Majesty, for the protection of property and
preservation of the peace, within the barony, city, or town wherein the place
of 'first assembling shall be appointed in such commission, and within eveiy
barony, city, or town immediately adjoining thereto, every serjeant, trumpeter,
drummer, and private therein, shall be entitled to receive such clothing, arms,
and accoutrements, or allowances in lieu thereof, and also such pay, in such
manner and at such rate as his Majesty or such chief governor or governors
of Ireland shall appoint, for every day, not exceeding two days in each month,
that he shall actually assemble and attend by order of his commanding officer,
acting under the direction of such chief governor or govemers, for the
purpose of being disciplined and exercised.
II. And be it further enacted, that, one .serjeant and one trumpeter or
drummer in every such troop or company shall be entitled to receive per-
manent or daily pay, to be appointed in like manner during the continuance
of such troop or company.
III. And be it further enacted, that neither such inrolment, nor the
receiving of pay or allowances as aforesaid, shall subject any person so enrolled
or receiving pay to military discipline or duty, or to the provisions of any
Act for punishing mutiny and desertion.
IV. And be it further enacted, that if it shall be the pleasure of his
Majesty or the chief governor or governors of Ireland for the time being to
discontinue the services of any troop or company which shall have been
embodied or enrolled under the provisions of the said recited Act of the thirty-
seventh year of his Majesty's reign, or which shall be embodied and enrolled,
A.D. 1801-2.
42 Geoboe IIL c. 68.
59
or formed or oontinned, by virtue of the powers in this Act contained^ on
rach the pleasure of his said Majesty or such chief governor or governors
of Ireland being signified to the commanding officer of the said troop or
oompany, he shidl forthwith, on or before the next usual exercise day of the
flud troop or company, commuDicate to the several persons enrolled in the
said troop or company, the said order for discontinuing their service as
gforesaid, and shall then require the said several persons to deliver up any
inmi, accoutrements, or clothing which shall have been entrusted to their
custody respectively^ which arms, accoutrements, and clothing shall be forth-
witii delivered up by the said persons accordingly ; and such arms, accoutre-
ments^ and clothing so to be delivered up as aforesaid to the said commanding
cffieer, shall be conveyed and deposited by such commanding officer in such
phoe or places, and at such time or times, and given up by the said com-
msoding officer to such person or persons as his Majesty or such chief
governor or governors of Ireland shall be pleased to appoint ; and if any such
oommanding officer shall refuse or neglect to call in and deliver up such arms,
loooutrements, and clothing, for and during the space of one calendar month
bornihe day of the date of the order of his Majesty or such chief governor
or governors of Ireland to that effect, such commanding officer so refusing
« M^ecting shall, upon due conviction thereof , in any court of record, be
Cm! fcr such neglect or refusal the sum of five hundred pounds, one half
ibeieoi to be paid to the informer, and the other half to the treasurer of the
infirmary of the county, town,' or city in which his troop or company shall
IttTe lees appointed to assemble, for the use of such infirmary.
r. i5D be it further enacted, that if any person who shaU have received or
fcen entrusted with or who shall hereafter receive or be entrusted with any
Anns, accoutrements, or clothing from the publick stores, or at the publick
opettoe, shall, upon the disbanding or discontinuing of the services of any such
troop or company in manner aforesaid, or upon his quitting or withdrawing
firon any such troop or company or being discharged therefirom, refuse or
negfect (on being thereto lawfully required), to deliver up any such arms,
aooootrements, or clothing, every person so refusing or neglecting shaU, on
beilig convicted thereof before any justice of the peace of the county within
wbkb such troop or company shall have been formed, forfeit and pay the sum
of ten pounds, to be levied by distress and sale of the offender's goods and
diftttels, by warrant' under the hand and seal of such justice, rendering the
overplus (if any) on demand, after deducting the charges of such distress and
ale, to the person whose goods and chattels shall have been so distrained and
sold ; and for want of such sufficient distress, such justice is hereby required
to commit such offender to the common gaol of the county, city, or place where
the offence shall have been committed^ for any time not exceeding six months ;
and tiie monie? arising by such penalty shall be applied by the commanding
officer to replace such arms, accoutrements, or clothing, and the overplus (if
any) to form a stock purse for the use of such troop or company, if such troop
or company shall remain embodied, or if the said troop or company shall be
disembodied or disbanded, then the whole of the said penalty shall be paid to
the treasurer of the infirmary of the county, town, or city, in which such
troop or company shall have been appointed to assemble, for the use of such
infiimazy.
officer shaU
commimieate
the same, and
require them to
deUver up their
arms, &c
500/. penalty
on command-
ing officer
neglecting for
one month to
deliver up such
arms, &c.
Any person
provided with
arms, &o. at
the publick
ezpence, shall,
on his corps
being dis-
banded, or
on his resignar-
tion or dis-
charge, deliver
them up, on
penalty of 10/.
Application of
penalty.
^
r^-
60
42 George III. c. 68.
A,D. 1801-2.
V
I';
^^
f
Where troops
or companies,
in cases of
invasion or
rebellion, &c.
ofifer to act
as military
corps, officers
shall be en-
ercise ; and
troops shall
be subject to
militaiy dis-
cipline.
Courts-martial
corps.
Officers dis-
abled in actual
service entitled
to half-pay,
VI. And be it further enacted, that if any such troop or oompany shall, in
case of invasion, rebellion, or insurrection, or the apprehension thereof^ volun-
tarily offer to act as a military corps, and to do duty as such, or to march
wherever it shall be ordered within Ireland, during the contixiuajice of sucb
invasion, insurrection, or rebellion, or the apprehension thereof, every pennn
therein who shall testify such his offer by putting his name thereto shall,
^f^P^y** upon such offer being accepted by his Majesty or the chief governor or
pmatiMtosuch governors of Ireland for the time being, be entitled, if a commissioiied officer,
P*y " w^d h receive the same pay as officers of like rank receive in his Majesty's r^-
days of ex- lar forces, and if a Serjeant, trumpeter, drummer, or private, the same pay
daily as on the days of exercise, and shall be subject, while he shall be so
entitled, and at no other time nor on any other ground or pretence, to the
like military discipline as his Majesty's regular and militia forces, during the
time he shall have so offered for and no longer.
VII. Provided always, and be it enacted, that no officer or soldier of any
oni^o?offi^^ such corps shall be liable to be tried by any court martial, unless such court
serving in the martial be composed entirely of officers serving in corps formed as aforesaid,
such courts martial to be assembled by warrant from the chief governor or
governors of Ireland for the time being, or by warrtot from some general or
other officer duly authorized to order courts martial to be holden.
YIII. And be it further enacted, that all commissioned officers of such
troops or companies who shall be disabled in actual service, shall be entitled
to half pay, and all non-commissioned officers, privates, trumpeters, and drnm-
A^^S^f^ mers, to the benefit of the royal hospital at . Kilmainham, and the widows of
the hospital at commissioned officers killed in the service, to such pension for life, as is usuaJljr
^ ™' given to the widows of officers of like rank in his Majesty's regular forces.
Persons while IX. And be it further enacted, that no person who shall be enrolled or
corro^nouSble Continued in any such troop or company as aforesaid shall, during the time
to serve in the he is serving in such corps, be liable to serve personally or to provide a sub-
stitute to serve in the militia, provided he shall produce a certificate, signed
by his comnoianding officer, that he has for the space of three months imme-
diately preceding the day on which he shall have been baJlotted to serve in
such militia, punctually attended at all such times and places as may have
been appointed for the exercise of the troop or company to which he shall
belong, unless prevented therefrom by sickness, which sickness shall be stated
in such certificate, and verified by oath.
X. And be it further enacted, that every person who shall hereafter enrol
himself in any such troop or company shall, at the time he shall enrol binosel^
take and subscribe the following oath or affirmation of allegiance.
' TT do sincerely promise and swear [or affirm], that I
* X will be faithful, and bear true Allegiance to his Majesty King George
* the Third, and that I will faithfully support and maintain the laws and con-
' sfcitution of this kingdom, and the succession to the throne in his Majesty s
* illustrious house. So help me GOD.'
Which oath any magistrate is hereby empowered to administer, and the com-
manding officer shall transmit the same to his Majesty's War Office in Ireland
without delay, to be enrolled from thence in his Majesty's Court of Chancery
at Dublin.
militia.
Persons en-
rolling them-
selves shnll
sabscribe the
following oath.
k
ID. 1801-2.
42 Qborge III. c. 68, 72.
61
XL Ahd be it fuiiher enacted, that if any officer shall admit or retain in
his troop or company any person who shall neglect to take and subscribe the
a&id oath, or who, upon being required thereto by him, shall ro^e to take
aadsobecribe the same, he shall, upon due conviction thereof in any court of
leoord, be fined for every such offence in the sum of five hundred pounds, one
Iialf thereof to be paid to the informer and the other half to the treasurer of
the iofinnaiy of the county, town, or city, in which his troop or company
flball be appointed to assemble, for the use of such infirmary.
XIL And be it further enacted, that no constable or peace ofiicer appointed
or piid in pursuance of an Act passed by the Parliament of Ireland, in the
tventy-seventh year of his present Majesty's reign, intituled '' An Act for the
" better execution of the law and preservation of the peace within counties at
" laige, " shall be admissible into any such troop or company.
OfBcera ad-
mitting per-
8ons before
taking the
oath, or per- *
IOD8 refuting
to take it, shall
forfeit 500/.
No constable
appointed in
pursuance of
27 Geo. 3. 0,40.
(I.) shall be
admissible into
the corps.
CHAPTER LXXII.
k» Act for repealing an Act, made in the Thirty-eighth Tear of the Reign of
his present Majesty, intituled " An Act (or raising a Body of Miners in
" the Counties of Cornwall and Devon, for the Defence of the Kingdom
" daring the present War ;'' and for the more effectually raising and
ngahting a Body of Miners for the Defence of Great Britain.
[2d June 1802.]
TFHEREAS by the laws now in force for regulating the militia of England,
'' it is provided that nothing therein contained should extend to the
fflinen in the counties of Devon and Cornwall, but that the warden of the
stannaries, in pursuance of his Majesty's commission in that behalf, and such
MS be should commissionate and authorize under him, should have and use the
like powers, and array, assess, arm, muster, and exercise the said miners within
the aaid counties, or either of them, as hath been theretofore used, and according
to the ancient privileges and custoiQs of the said stannaries, and the like
provisiaQ had been made by divers former Acts of Parliament concerning the
militia : And whereas by reason of the length of time which elapsed since any
oommiasion hath issued to the warden of the stannaries aforesaid to array,
aasess, arm, muster, and exercise the said miners, great difficulties might occur
in the exeention of such commission : And whereas an Act was made in the
thirty-eighth year of the reign of his present Majesty, intituled " An Act for Becital of
" raising a body of miners in the counties of Cornwall and Devon for the e. 74,
" defence of the kingdom daring the present war :" And whereas it is expedic^it
thait the said Act sihoiild be repealed, and that furtJier and more effectual pro-
vision should be made for raising and reg^olating a body of miners, within the
eoontieB of Cornwall and Devon, for the defence of Great Kitain: MB^ it there-
fore enacted by the King's most excellent Majesty, by and with the advice
and consent of the loids spiritual and tempcnl, and commons, in this present
Parliamoit asBembled, and by the authority of the same, that, from and after BeauA Ad
the pasBing of liiis Aet, die sud recited Act, passed in the thirt j-«igbtb year of the nptaUA,
Y Sect. 1. lep^ ao ftr as rdates to the qnalififatioos of offieem, Sua. Law Bev. Act,
1872.]
62
42 George III. a 72.
A,D. 1801-2.
His Majesty
may aathoiize
the warden of
the stannaries
to call oat and
exercise the
miners.
Warden shall
appoint his
deputies and
officers, &c.
Rank of
officers.
The warden's
commission to
cease on his
removal from
or resignation
of his office,
and a fresh i
commission to
he issued to his
successor.
Warden shall
appoint at least
12 special
deputy war-
dens, qualified
as herein
directed, &c.
Warden shall
displace depu-
ties or officers
onhislif^esty's
pleasure heing
signified for
tluit purpose.
reign of his present Majesty, shall be repealed ; and that JBep^ Stat. Lraw Rey. Act,
1872.J his Majesty may, from time to time, a^s occasion shall require, issue
his commission to the warden of the stannaries of the connties of Devon and
Cornwall for the time being, giving him power and authority during his
Majesty's pleasure, and such warden is hereby, according to such commission,
autiiorized and required, to call together, arm, array, and cause to be trained
and exercised, such miners once in every year, in such numbers and in such
manner as herein-afber is directed ; and tiie said warden shall constitute and
appoint, from time to time, such persons as he shaU think fit, being qualified as
herein-after mentioned, to be his deputy wardens for the special purposes of
this Act, the names of such persons having been first presented to and ap-
proved by his Majesty ; and the said warden shall also appomt such field
officers and other officers as herein-after directed, qualified as herein-after men-
tioned, to train, discipline, and command the miners so to be armed and arrayed,
according to the rules, orders, and directions after mentioned ;
and the officers so appointed shall rank with the militia officers of this kingdom,
according to the dates of their respective commissions, and with all ofiicers of
his Majestjr's regular forces, in the same manlier as the said militia ofiScers are
entitled to rank ; Provided always, that if any warden
of the said stannaries to whom his Majesty shall have issued his commissiosi
as aforesaid shall be removed from or resign his office of warden of the said
stannaries, and cease to be warden of the said stannaries, the said commission
issued to the said warden for the purposes aforesaid, and all and every the
powers and authorities vested in such warden by virtue of such commissioii
and of this Act, shall cease and determine : Provided also, that on every such
removal or resignation his Majesty may issue his commission to any warden
of the stannaries appointed to succeed on any vacancy, to exercise the powers
hereby given to the warden of the stannaries for tiie time being, and such
warden shall thereupon have full power and authority to exercise all the
powers vested in such warden by the said commission and by this Act
XL And be it further enacted, that the said warden shall constitute and
appoint twelve special deputy wardens, at the least, for the purposes of this
Act, if so many persons can be found qualified as herein-after directed ; that
is to say, every such person so to be appointed a special deputy warden shall
be qualified in the same manner as deputy lieutenants are required to be
qualified in the said counties of Cornwall and Devon by the laws in foroe
relating to the militia of England (or by any Act to be passed in this session
of Parliament, or by any former Act or Acts) ; and every person so to be
appointed a special deputy warden shall take and subscribe the oaths, and
make, repeat, and subscribe the declaration required to be taken, made, re-
peated, and subscribed by such deputy lieutenants by virtue of any such Act,
changing only what ought to be changed.
illL *! And be it further enacted, that his Majesty, his heirs and successors,
may, from time to time, as he and they shall think fit, signify his and their
pleasure to the warden of the stannaries to displace all or any deputy wardens
or officers aforesaid, and thereupon the said warden shall forthwitii displace
I* Bep., 80 far as relates to the qualifications of officers, Stat Law Rev. AcU
1872.1
iD. 1801-2.
42 George III. c 72.
63
sQch deputy wardens or officers, and appoint others within the same county,
with the like qualifications, and under and subject to the like provisions and
Rstrictions, to serve in their stead.
IV. Ain) be it further enacted, that it shall be lawful for any justice or
jostioes <^ the peace of the said counties respectively, together with one or
more spmsi deputy warden or deputy wardens, to do all matters and things
in the execution of this Act which might be done by a like number of special
deputy wardens, in the same manner as justices of the peace are authorized to
act with deputy lieutenants in executing the laws concerning the militia.
V. And be it further enacted, that the said warden shall, from time to time,
appoint a derk of the general meetings to be holden as herein-after directed,
and jnay displace such derk, if he shall think fit, and appoint another in his
RKxa; and the jipecial deputy wardens within their respective subdivisions, or
the major part of those present at any subdivision meeting, shall also, from
iinie to time, appoint a clerk for their subdivisions, and may displace such
deifc, as they or the major part of them shall think fit, and appoint another
inhisroom; • ;
TL And be it further enacted, that general meetings of the said warden
ml special deputy wardens shall be holden at the most convenient towns of
a^ OGonties of Cornwall and Devon respectively ; and such meetings shall
tmsi of the warden and two special deputy wardens at the least, or, on the
detfii^iemoval, or absence of the warden, of three special deputy wardens at
ihe least; and one such general meeting shall be holden within each of the
mi enmiies, annually, upon the last Tuesday which shall happen before the
tenti day of October in every year ; and the said warden and two deputy
nvdens, or, on the death, removal, or absence of the warden, any three
depQty inirdens, when they shall find it necessary for carrying the purposes of
tliis Aet into execution, may summon, or cause to be summoned^ other general
meetiogs, on any days to be fixed by such summons ; • • • •
and sQch general meeting shall and may sunmion other meetings and be
adjoomed in the same manner as general meetings of lieutenancy may be
sommoned and adjourned by virtue of the laws then in force concerning the
xnifitia forces in England.
Vn Ain> be it further enacted, that the said warden and special deputy
wardens, or such of them as shall be present at the first general meeting to be
lield in pmsuance of this Act, in each of the said counties of Cornwall and
Devon, shall appoint the several subdivision meetings, which shall be held
within the four stannaries of Blackmore, Foymore, Tywamhaite, Penwith, and
Kerrier respectively, for the county of Cornwall^ and within the four stanna-
ries of Chagford, A^burton, Plymton, and Tavistock, for the county of Devon ;
which subdivision meetings shall consist of two special deputy wardens, or one
special deputy warden and one justice of the peace for the county within which
such subdivision meetings shall be holden ; and such subdivision meetings shall
have the like powers and authorities for the purposes of this Act, as the sub-
division meetings of lieutenancy have for the purposes of the several general
Acts eonoeming the militia forces of England
Yin. And be it further enacted, that the said warden and special deputy
wardens respectively present at every annual meeting in each of the said
counties shall issue their orders to the chief constables^ and where there is no
Justices may
act with dqmty
wardenB.
Wardens shall
appoint acleriL
of the general
meetings, and
the deputy
wardens a clerk
for their snb-
diyisions.
General meet-
ings shall be
holden an-
nually.
First general
meeting shall
appoint snb-
diYision meet-
ings, &c.
Annual meet-
ings shall issne
Olden to the
chief codp
64
42 George III. c. 72.
A.D. 1801-2.
1
■f
'i
K
v
stables, &c., to
return to the
special deputy
wardens lists of
miners between
18 and 45
years.
Copies of lists
shall be affixed
on the church
door.
Subdivisions
may hear ap-
peids, &c.
No person to be
struck off the
list as not being
a privileged
miner, if 1^
out of lists of
regular militia
on ground of
privilege.
Penalty of 20f.
on constable,
&c. omitting
names from
lists.
chief constable, to some other officer of the hundred or other division within
the said counties respectively where miners do dwell,, requiring every such
chief constable or other officer to issue an order under his hand to all con-
stables, tythingmen, and other officers of every parish, tything, or place within
the said hundreds or other divisions respectively where miners do dwell, to
return to the special deputy wardens within their respective subdivisions, at
the places and at the times to be appointed for that purpose, full and true lists
in writing of all and every the miners dwelling within their respective parishes
and places, between the ages of eighteen and forty-five years, distinguishing
their respective occupations as miners, and where the true names and descrip-
tions of such miners cannot be procured, their common appellations shall be
sufficient, and distinguishing which of such persons so returned labour under
any infirmity likely to incapacitate them from serving in pursuance of this
Act, or claim to be exempt from serving in the militia, together with the
ground of such claim of exemption, imder any Act or Acts which may be in
force relating to the militia of England ; and having first affixed a true copy
of the list intended to be so returned pn.the 4oof of tjie.chiirch or chapel
belonging to every such parish or place, or if any such parish or place shall
have no church or chapel belonging thereto, then on the door of the church or
chapel of some parish' or place adjoining, on some Sunday morning before sudi
return shall be made, which shall be three days at the least before the meeting
appointed for receiving such return ; and having also written at the bottom of
such copy, so affixed on the door of such chiutjh or chapel, notice of the day
and place of such meeting, and that all persons who shall think themselves
aggrieved may then appeal, and that no appeal will afterwards be received ;
and at the days and places so to be appointed for the returns of such lists, the
constables, tythingmen, and other officers respectively shall attend, and verify
the same upon oath ; and the said special deputy wardens, or any two or more
of them, or any special deputy warden and one or more justice or justices of
the peace assembled in their respective subdivisions, shall proceed to hear
appeals, and amend such lists, and cause duplicates of such amended lists to be
made, and otherwise to act therein in the same manner as deputy lieutenants
and justices are authorized to proceed in the like cases, and with the like
regard to exemptions claimed as in respect to the returns of men to be ballotted
for the militia in England.
IX. Provided always, and be it enacted, that no person shall be struck off
the said lists upon appeal on pretence that such person is not a privil^fed
miner, if such person, being above the age of eighteen years, was left out of
the list last returned under the laws concerning the militia forces of England
for the parish or place where he resided as a privileged miner, and unless
such person shall, upon oath, or affirmation (if a Quaker), declare that he was
not left out of such list by reason of his being a privileged miner, but by
mistake or neglect, or for some other cause.
X. And be it further enacted, that if any constable, tythingman, or other
officer shall wilfully omit or neglect to insert in any such list the name of
any person which ought to be inserted therein, every such constable, tjrthing-
man, or other officer shall forfeit and lose for every such offence the sum of
twenty pounds.
J
A.D. 1801-2.
42 George III. c. 72.
65
XI, And be it further enacted, that in order to enable the said special deputy
wardens to con-ect and amend the said lists, and discover whether all the
oames have been inserted which ought to have been inserted therein, the
said special deputy wardens shall, if they shall think fit, issue their precept to
the chief captain of ahy mine^ or to the agent of any blowing house or smdting
house within any subdivision, requiring such chief captain or a^ent to return
to such special deputy wardens, at any subdivision meeting as they shall see
£t, a true list of all the wording miners employed in or about the business
of such mine, blowing house or smelting house, and describing their occupa-
tions as miners, and where they respectively dwell ; and if any such captain
or ag^t shall wilfully omit or neglect to insert in such list the name of any
person which ought to be inserted therein, such captain or agent shall forfeit
and lose the sum of fifty pounds.
XIL Ain> be it further enacted, that after such return shall have been
made, and such lists amended and made compleat as aforesaid, the said
spedal deputy wardens within their respective subdivisions shall, at sub-
diviaon meetings to be holden for that purpose, appoint what number of
men shall serve for each subdivision, and shall direct what number of men
so to be appointed to serve for such subdivision shaU serve for each parish
iivdphiGe within such subdivision, in proportion to the numbers appointed
to%nefor such subdivision, and shall appoint another meeting to be holden
tdtUiihe same subdivision as soon as conveniently may be, and within three
▼eeks fram the day of the prior meeting, an({ shall issue an order to the
drief constables, or other officers of the respective hundreds and places within
sodi soidivision, requiring them to give notice to the constable, tythingman,
wotier officer of every parish or place within their respective hundreds and
pbcesof the time and place of the next subdivision meeting ; and the said
^)ecial deputy wardens, or any two of them, at such subdivision meeting
i^ cause the number of men appointed to serve as aforesaid to be chosen
bj ballot out of the duplicate of the list returned for every parish and place,
and amended as aforesaid, in the same manner as men are or shall be chosen
by ballot to serve in the militia in England, and shall appoint another
meeting to be holden in the same subdivision as soon as conveniently may be,
and within three weeks after such prior meeting, and shall issue an order
to the chief constables, or other officers of the several hundi*eds or places
within such subdivision, U> direct the constable, or other officer of every
pariah or place, to give notice to each man so chosen to serve as aforesaid
to appear at such meeting so to be appointed, which notice shall be given
to him, or left at his place of abode, at least seven days before such meeting ;
and such constable or other officer shall attend such meeting, and make a
return on oath of the service of such notice, and every person so chosen by
ballot shall upon such notice appear at such meeting, and there take the
following oath ; that is to say, Y\
Special war-
dens may re-
quire chief
captainBof
mines, or
agents of blow-
ing houses, to
return lists of
the miners
employed, &c.
Penalty of 50^
for omitting
names in such
lists.
After lists ar6
completed,
special deputy
wardens shall
appoint the
number of men
to serve for
each subdivi-
sion, and for
each place
therein, and
shall appoint
another meet-
ing and choose
the men by
ballot, &c.
And every such person shall be inroUed (in a roll to be then and there pre- ^^V?^ ^^^^
pared for that purpose) to serve in the said regiment for the space of five years, for 5 years.
I* So much of this Act as prescribes the form of oaths to be taken by persons balloted,
and by sabstitutes and volunteers raised under this Act, rep., 51 Geo, 3. c. 114. s. 2. J
VOL. IV. K
• /
66
42 Geobge III. c. 72.
A.D. 1801-2.
i-.
|-
K
S»:
t-J
Fenons bal-
lotted may pro-
duce sabsti-
tutefl, who may
be enrolled.
IfthefoU
number of men
for any sub-
division shall
not be enrolled,
a fresh ballot
shall be taken.
A deputy
warden or
justice may ad-
minister oaths,
and direct the
clerk to enrol
the persons
sworn.
If persons
chosen by
ballot do not
appear or pro-
vide substitutes,
they shall for-
feit 15/. and be
liable to serve
on a new
ballot; and if
penalty be not
paid, shall be
compellable to
serve.
Quakers bal-
lotted to be
proceeded with
as Quakers in
the regular
militia.
JXIIL»J Pbovided always, and be it further enacted, that axiy person so
chosen by ballot may produce a substitute, who shall be examined, approved,
enrolled, and sworn in the same manner, under the like regulations, for the
same term, and with the like limitation of service, as substitutes may be
sworn and enrolled imder any Acts which now are or may be in force for
regulating the militia in England.
XIV. And be it further enacted, that if, through any neglect or mistake,
or from any other cause, the fiiU number of men appointed for any subdivision
should not be duly enrolled at the meeting appointed for that purpose, then
the said special deputy wardens, or any two or' more of them, at their said
meeting or at some subsequent meeting, are hereby required immediately to
proceed to a fresh ballot, and to adjourn their meeting, and appoint other
meetings and amend the lists, and repeat the amending of lists as may be
necessary and expedient for carrying the purposes of this Act duly and fully
into execution, in the same manner as deputy lieutenants may do for the like
purposes by the laws in force concerning the militia.
XV. Aot) be it further enacted, that it shall be lawful for any one specid
deputy warden or justice of the peace to administer the oath herein-before
required to be taken, either to any person baUotted, or to any person vio
shall offer to serve as a substitute, and such special deputy warden or justiee
of the peace is hereby authorized to direct and require the derk of the sub-
division, for which every such person is to serve, to enroll on the roll of such
subdivision the name of such person, together with the day on which the said
oath was so administered to such person.
XVT. And be it further enacted, that if any person chosen by ballot as
aforesaid shall refuse or neglect to appear and take the oath aforesaid, and
serve in the said regiment, or provide a substitute who shall be examined,
approved, sworn, and enrolled according to the provisions herein contained,
every such person so refusing or neglecting shall forfeit and pay the sum of
fifteen pounds,'and be liable, at the expiration of five years, to serve in the
said regiment or provide a substitute ; and in default of payment of sucb
penalty as aforesaid, or for want of sufficient effects whereon to levy the same,
the name of such person shall be entered on the roll, and such person shall be
delivered over to the proper officer of the regiment, and shall be compelled to
serve in the said regiment for such term, to be computed from the time of his
being apprehended, as any other person then baUotted for would be liable to
serve, and shall be subject to the same punishment for afterwards absconding
or deserting as he woidd have been subject to in case he had appeared and
been duly sworn and enrolled : Provided always, that if any person, so
baUotted to serve in the said regiment, shall be one of the people called
Quakers, the same proceedings shaU be had with respect to such person as may
be had with respect to a Quaker baUotted to serve in the militia in England ;
and aU and every the provisions with respect to the people called Quakers in
the several Acts concerning the militia forces of England shall be carried into
execution in the levying of men to be raised by virtue of this Act, in the same
manner and as fuUy and amply as if the same had been repeated and enacted
in the body of this Act
I» So much of this Act as prescribes the form of oaths to be taken by persons baUotted,
and by substitutes and vojunteers raided under this Act, rep^ 51 Geo. 3. c. 114. s* 2i
A.D. 1801-2.
42 George III. c. 72.
67
XVIL And be it fiuiher enacted, that if any two or more deputy wardens Sub^vision
or justioes of the peace shall, at any of their subdivision meetings, receive order persons
infbnnaiaon, or shall suspect that any person, whose name shall be inserted in ^ ^^II"^}^^
any list to be returned in pursuance of this Act, shall wilfully quit or leave lentiy changed
his place or residence for the purpose of avoiding the service required by this *^®^' residence.
AiCb, it shall be lawful for them to make enquiry thereof, and to summon such
peiBons as they shall think necessary to appear before them, at such time and
place as they shall appoint, and to examine such persons upon oath (which
oath any one of them is hereby authorized to administer) ; and in case it shall
appear that such change of residence was fraudulent, in order to avoid serving
in the said miners regiment, it shall be lawful for such deputy wardens or
jtistiees of the peace, or any two of them, to appoint such person so fraudu-
kotiy ehanging his residence to serve as a private man in the said regiment
lor the pariah, tything, or place for which such list shall have been returned, if •
dieie shall be a vacancy ; and if there shall be no vacancy at that time, then
upon the first vacancy that shall happen ; and if any such person shall neglect Penalty of lo/.
or lefiise to serve in the said regiment pursuant to such order, he shall, for ^J^^ '^ ^
efeiy soch offence, forfeit and pay the sum of ten poimds.
X¥nL And be it farther enacted, that it shall be lawful for the said ^^^^""^
«pe(ttldepoty wardens, or any two or more of them, within their respective added together,
nhfimons, to add together the lists of two or more parishes or places within
a«h nUivifiion, and proceed upon such lists added together, in the same
nmmmj! sndi lists had been originally returned for one parish or place, so
ttionab the choice of men by ballot within every parish and place in each
soUiTiskm as equal as possible.
HX Ahd be it further enacted, that if the list of any parish or place shall If lUts be lost,
k lost cr destroyed, it shall be lawful for the said special deputy wardens, or ^j^^Ssmar
any tiro or more of them, to cause a new list of such parish or place to be cause new listn
Slide and returned to them at their next or any subsequent subdivision ^ ^ '
laeetiiig, and to enforce i2ie return thereof, and to proceed thereupon in the
aaine maimer as they might have done upon the list so lost or d^royed, if
the ttme had not been lost or destroyed.
XX. And be it further enacted, that the said Estahliffanient
private men to be raised by virtue of this Act shall form a regiment of four <^**^'«'*f*'»*"^-
eoBipames, to each of whidi there shall be one captain, one lieutenant, and one
ttisigii, and the field officers of the said regiment shall be one lieutenant
oAauA oommandant and one major : Provided always, that no field officer of
ihe said regiment shall be captain of a company : Provided always, that the
mid lieatenant colonel commandant may be appointed, with the approbati^m
of ids Majesty, to serve with the rank of colonel, in case he shall have h^^rvd
as an officer for five years in his Majesty^s regular forces, or in the emlxMlie^l
militia: Provided always, that in case of any augmentation being ma^le to the
said regiment as herein-afler mentioned, no new companies shall lie a/ifhA
tliereto^ unless the number of private men shall be then sufficient to fonn mon;
tliaa firar eompanies of raxty private men at the least
inn And be it further enaeied, that it shall be lawful for the said warden, 'Tfa^ wanko
if lie shall think fit, with the approbatiooi of his Majesty, to }ffi the lieut^rTiant H^teiuat
ecdoael commandant of the sud regiment, instead of a{ipointin|/ anr>ther jt^sr^m ^^f^^-
to be lieittenani eolond commandant thereof
K 2
A
K
i:
I
I
it
68
42 George III. c. 72.
A.D. 1801-S
.V
Warden to call
oat the regi-
ment yearly
for SI days, to
be trained and
exercised, and
the regulationB
of the militia
shall extend
thereto.
XXII. And be it further enacted, that it shall and may be lawful to and fo
the said warden, and he is hereby required, once in every year, to call out th
said regiment, or any part or proportion thereof, not being less thaji two com
panics, for the purpose of being trained and exercised together for the space c
twenty-one days, at such time or times, and place or places, as he shall appoin
with the approbation of his Majesty ; and in case the whole of such regimen
shall not be called out in order to be trained and exercised at the same tim<
the respective parts thereof shall be trained and exercised successively, imti
the whole of the men serving in such regiment shall have been trained aiu
exercised for the space of twenty-one days in every year ; and all the rules
regulations, powers, directions, and provisions contained in any Act relating t(
the militia of England, not repugnant to the provisions of this Act, shall extend
and be construed to extend to the said regiment, or any part thereof, when so
called out as aforesaid, as fully and effectually to all intents and purposes as if
the said rules, regulations, powers, directions, and provisions were repeated and
re-enacted in the body of this Act.
HisMijesty
may appoint
an adjutant
The warden
shall appoint
asorgeon,
i and the lieu-
[ tenant colonel
' commandant
^ > a regimental
cler£
f SeijeantSj
corporals, and
dmmmers
) shall be ap*
\ pointed in the
) same propor-
[(' tion as to
militia regi-
\ . ments.
?
f
\ ' The provisions
* -of any Act
;; concerning the
^t militia forces
': of England
\ shall extend to
'i this Act, so £m:
t as applicable.
XXIV. And be it further enacted, that his Majesty may and shall app(»ot
one proper person, who shall have served, or shall, at the time of such appoint-
ment, actually serve in some of his Majesty's other forces, or in any body of
militia that has been drawn out and embodied for the space of five yeans, to
be the adjutant of the said regiment of miners ; and such adjutant shall and
may have the like privileges, benefits, and advantages, and no other, as anj
adjutant appointed to any body of militia is entitled to by the laws in foroe
concerning the militia.
XXY. And be it enacted, that the said warden shall and may, with the
approbation of his Majesty, appoint one fit and proper person who shall have
passed his examination at Surgeons Hall, and received his certificate accord-
ingly, to be surgeon of the said regiment ; and such surgeon shall be entitled
to the same pay and emoluments, and be subject to the same rules and regula-
tions as surgeons serving in the militia.
XXYI. And be it farther enacted, that the lieutenant colonel commandant
of the said regiment shall appoint a regimental derk, who shall execute the
office of paymaster in the same manner and with the like benefits as persons
appointed to the like offices by the colonels or commanding officers of regiments
or battalions of militia. '
XXVIL And be it further enacted, that Serjeants, corporals, and drummers
shall be appointed to the said regiment in the same manner and in the samej
proportion as Serjeants, corporals, and drummers are appointed to militiar
regiments in England ; and such Serjeants, corporals, and drummers shall takej
the same oath to serve faithfully in the said regiment of miners as serjeants,
corporals, and drummers of militia are required to take to serve in the militift;
changing only what ought to be changed.
XXIX And be it further enacted, that all and every the provisions con-
tained in ally Act made or to be made concerning the militia forces of England,
for holding the several general and subdivision meetings of lieutenancy of the
several counties and places therein mentioned, and appointing new or other
meetings, and for procuring and compelling returns and proceedings thereon,
A.D. 1801-2.
42 George III. c. 72.
69
and for b&Uotting men to serve in the said militia, and all and every the
powers, provisions, rules, regulations, penalties and forfeitures, bounties, aJlow-
inces, dauses, matters, and things contained in any such Act, relative to the
raisiiig, training, embodying, and calling out the said militia, or providing for
the iamilies of militia men caUed out, or respecting the paying, clothing, or
suhsasUng the militia, or touching the billetting the said militia, or in any
iziaimer relating to or concerning such militia, or any officers or men serving
therein, shall be applied, practised, and put in execution with respect to the
regiment hereby directed to be raised, and the officers or men serving therein,
in as full and ample maimer as if all and every such powers, provisions, rules,
regulations, penalties, forfeitures, bounties and allowances, clauses, mattei*s, and
thiDgs had been again repeated and enacted in this Act, so far as the same
respectively are applicable to the provisions of this Act, and are not repugnant
to or altered thereby.
OAcem may
sit in Parlia-
ment
Penalties bow
to be reeoTered.
IXXl And be it further enacted, that the provisions of an Act passed in Proviiilonii of
the twenty-fourth year of the reign of his late Majesty King George the Second, c.*44.*thSl
intituled " An Act for the rendering justices of the peace more safe in the exe- extend to tlio
** cati(Hi of their office ; and for indemnifying constables and others acting in ScpuUcs?"
*• cMSenoe to their warrants," shall extend to the said warden and deputy
^vdm while acting in the execution of this Act, in like manner and as fully
vA efieetaally as the same extend to justices of the peace, acting in the
esecatim of their office. .
IIIIL And be it further enacted, that the acceptance of a commission in
tie sod regiment shall not vacate the seat of any member returned to serve in
ftriiamait,
IlXni And be it further enacted, that all fines, penalties, and forfeitures
br this Act imposed, which shall exceed 'the sum of twenty pounds, shall be
reoorered by action of debt, bill, plaint, or information, in any of his Majesty's
couitB of record at Westminster, or in any of the stannary courts in the
cmmties of Cornwall and Devon, wherein no essoign, privilege, protection, wager
cf law, or more than one imparlance shall be allowed ; and that all fines,
penalties, and forfeitures by this Act imposed, which shall not exceed the sum
f*f twenty pounds, shall, on proof upon oath of the offence before any justice of
the peace of the county, riding, or place where the offence shall be committed,
be levied by distress and sale of the offender's goods and chattels, by warrant
imder the hand and seal of such justice, rendering the overplus (if any) on
demand, after deducting the charges of such distress and sale, to the \HirHon
whose goods and chattels shall have been so distrained and sold ; and for want
of sufficient distress, such justice is hereby required, in all casi^s where no
particiilar time of commitment isherein-before directed, to commit such offitiular
to the common gaol of the county, riding, or place where the offence; nliall tiave
been ecHnmitted, for any time not exceeding three months ; and the money
arimng by all such fines, penalties, and forfeitures, the application wh(*reof in
not otherwise particularly directed by this Act, shall Ut paid Uf tliu ohrV of the
Aid regiment, and shall be made part of the publick ntock (ft nnoh rt'^luumi,
XXXIV. AxD be it further enacted, that no order of c^invurt ion mafto by the Noordi-r of
^aid warden or two special deputy wardens, or by one h|Hjrial t\i'\miy warden £^"r^re4by
eertiorarif &C'
70
42 George III. c. 72, 73,
A.D. 1801-ai
Limitation of
actions.
General issue.
Treble costs.
together with any one jtistice of the peace, or by any justice or justices of the
peace, by virtue of this Act, shall be removed by certiorari out of the county,
riding, division, city, town, or place wherein sudi order or conviction shall have
been made, into any court whatsoever ; and that no writ of certiorari shall
supersede execution or other proceedings upon any such order or conviction so
made in pursuance of this Act, but that execution and other proceedings shall
be had and made thereupon, any such writ or writs, or alloTvance thereof,
notwithstanding.
XXXY. And be it further enacted, that if any action or suit shall be brought
against any person or persons for any thing done in pursuance of this Act, such
action or suit shaU be commenced within six months next after the fact com-
mitted, and not afterwards, and shall be laid in the county, riding, or place
where the cause of complaint did arise and not elsewhere ; and the defendant
or defendants in every such action or suit may plead the general issue, and
give this Act and the special matter in evidence at any trial to be had there-
upon ; and if the jury shall find for the defendant or defendants in any such action or
suit, or if the plaintiff or plaintiffs shall be nonsuit, or discontinae his or their action or
suit after the defendant or defendants shall have appeared, or if upon demurrer judge-
ment shaU be given against the plaintiff or plaintiff, the defendant or defendants shall
have treble costs, and have the like remedy for the same as any defendant hath in other
cases to recover costs by law. {Rep., 5 &6 Vict. c. 97. s. 2. J
From Dec. 2,
1802, mills and
factories em-
ploying a cer-
tain number of
persons shall be
subject to the
regulations of
thu Act
The rooms
shall be washed
with quick lime
and water
twice a year,
and care shall
be taken to
admit fresh air.
CHAPTER LXXIII.
An Act for the Preservation of the Health and Morals of Apprentices and
others, employed in Cotton and other Mills, and Cotton and other Fac-
tories. [22d June 1802]
%!/ mEREAS it hath of late become a practice in cotton and woollen mills,
^ ' and in cotton and woollen factories, to employ a great number of male
and female apprentices and other persons in the same building, in consequence
of which certain regulations are become necessary to preserve the health and
morals of such apprentices and other persons : Be it therefore enacted by the
King'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 from and after the second day of
December one thousand eight hundred and two, all such mills and factories
within Great Britain and Ireltod, wherein three or more apprentices or
twenty or more other persons shall at any time be employed, shall be subject
to the several rules and regulations contained in this Act ; and the master or
mistress of every such mill or factory is hereby stricUy enjoined and required
to pay due attention to and act in strict conformity to the said rules and
regulations.
II. And be it enacted, that all and every the rooms and apartments in or
belonging to any such mill or factory shall, twice at least in every year, be
well and sufficiently washed with quick lime and water over every part of the
walls and ceiling thereof; and that due care and attention shall be paid by
the master or mistress of such mills or factories, to provide a sufficient number
of windows and openings in such rooms or apartments, to insure a proper
supply of fresh air in and through the same.
AJ). 1801-2.
42 Geobge III c 73.
71
m. And be it further enacted, that eveiy such master or mistress shall
eoQstantly supply eveiy apprentice, during the term of his or her apprentice-
ship, with two whole and complete suits of doathing, with suitable linen,
stockings, hats, and shoes ; one new complete suit being delivered to such
ajipientioe once at least in every year.
IV. AsD be it further enacted, that no apprentice that now is or- hereafter
shall be bound to any such master or mistress, shall be employed or compelled
to work for more than twelve hours in any one day, (reckoning from six of the
dock in the morning to nine of the dock at night), exdusive of the time that
may be occupied by such apprentice in eating the necessary meals : Provided
always, that from and after the first day of June one thousand eight hundred
and three, no apprentice shall be employed or compelled to wOrk upon any
occasion whatever, between the hours of nine of the dock at night and six
cl the dock in the morning.
• ••••••••
YL AsD be it further enacted, that every such apprentice shall be in-
structed in some part of every working day, for the first four years at least of
his or her apprenticeship, which shall next ensue from and after the second
day of December one thousand eight hundred and two, if he or she is an
a^ipreiitioe on the said second day of December one thousand eight himdred
anltvo, and for the first four years at least of his or her apprenticeship, if his
or kr ipprenticeship commences at any time after the said second day of
Beoemler one thousand eight hundred and two, in the usual hours of work, in
reading, writing, and arithmetick, or either of them,' according to the iige and
aiilities of such apprentice, by some discreet and proper person, to be provided
and paid by the master or mistress of such apprentice, in some room or place
in mSx mill or factory to be set apart for that purpose ; and that the time
hereby directed to be allotted for such instruction as aforesaid, shall be deemed
and taken on all occasions as part of the respective periods limited by this
Act, during which any such apprentice shall be employed or compelled to work.
V^n. And be it further enacted, that the room or apartment in which any
male apprentice shall sleep shall be entirely separate and distinct from the
room or apartment in which any female apprentice shall sleep ; and that not
more than two apprentices shall in any case sleep in the same bed.
VTII. And be it further enacted, that every apprentice, or (in case the
apprentices shall attend in classes), every such class shall, for the space of one
hour at least every Sunday, be instructed and examined in the principles of
the Christian religion, by some proper person to be provided and paid by the
master or mistress of such apprentice ; and in England and Wales, in case the
parents of such apprentice shall be members of the Church of England, then
such apprentice shall be taken, once at least in every year during the term of
bis or her apprenticeship, to be examined by the rector, vicar, or curate of the
parish in which such mill or factory shall be situate ; and shall also after
such apprentice shall have attained the age of fourteen years, and before
attaining the age of eighteen years, be duly instructed and prepared for
confirmation, and be brought or sent to the bishop of the diocese to be
confirmed, in case any confirmation shall during such period take place in or
for the said parish ; •.....•. . and such master or mistress
shall send all his or her apprentices under the care of some pro{>er person,
Apprentices
shall be sap-
plied with two
complete soits
of clothing,
&c., and a soit
shall be deli-
vered yearly.
Time of work-
ing not to ex-
c^d 12 honra.
From June 1,
1803, no ap-
prentices to be
compelled to
work between
nine at night
and six in the
morning.
Apprentices to
be instructed
every woridng
day for the
first fbvLT years
of his appren-
ticeship in read-
ing, writing,
and arithme-
tick, &C.
Time of in-
straetion to
be included
in working
hours.
Apartments
of male and
female appren-
tices to be
kept distinct,
and two only
shall sleep in
one bed.
Regulations to
be observed for
the instruction
and religious
worship of
apprentices
on Sundays.
72 42 George IIL c. 73. A,D. 1801-2,
once in a month at least, to attend during divine service in the church of the
parish or place in which the mill or factory shall be situated, or in some other
convenient church or chapel where service shall be performed accordiDg to the
rites of the Church of England, or according to the established religion in
Scotland, as the case may be, or in some licensed place of divine worship ;
and in case the apprentices of any such master or mistress cannot conveniently
attend such church or chapel every Sunday, the master or mistress, either by
themselves or some proper person, shall cause divine service to be performed
in some convenient room or place in or adjoining to the mill or factory, once at
least every Sunday that such apprentices shall not be able to attend divine
service at such church or chapel ; and such master or mistress is hereby
" strictly enjoined and required to take due care that all his or her apprentices
regularly attend divine service according to the directions of this Act.
Justices at IX. AND be it further enacted, that the justices of the peace for every
their Midsum- countv, stewartrv, riding, division, or place, in which any such mill or factoiy
mer sessions •'' ^'o» »r» j j
yearly shall shall be situated, shall, at the ^Midsummer sessions of the peace to be bolden
vfs^tors o7such i^iinediately after the passing of this Act for such coimty, stewartry, riding,
miUs or &c- division, or place, and afterwards yearly at their annual Midsummer sessions
replSThe^oon- ^^^^ peace, appoint two persons not interested in or in any way connected
dition thereof with any such mills or factories, to be visitors of such mills or factories in sudi
Bessions^&c.'^ county, stewartry, riding, division, or place, one of whom shall be a justice of
peace for such county, stewartry, riding, division, or place, and the other shall
be a clergyman of the Established Church of England or Scotland, as the case
may be ; and in case it shall be found inconvenient to appoint one such justice
and one such clergyman as aforesaid, it shall be lawful to and for such justices,
and they are hereby required, to appoint two such justices or two such clergy-
men ; and the said visitors, or either of them, shall have full power aod
authority from time to time throughout the year to enter into and inspect any
such mill or factory at any time of the day, or during the hours of employ-
ment, as they shall think fit ; and such visitors shall report from time to time
in writing to the quarter sessions of the peace the state and condition of such
mills and factories, and of the apprentices therein, and whether the same are
or are not conducted and regulated according to the directions of this Act and
the laws of the realm ; and such report^hall be entered by the clerk of the
peace among the records of the session in a book kept for that purpose : Provided
always, that in case there shall be six or more such mills or factories within any
one such county, riding, division, or place, then it shall be lawful for such
justices to divide such county, riding, division, or place into two or more
districts or parts, and to appoint two such visitors as aforesaid for each of such
districts or parts.
In ca«e of in- X. AND be it further enacted, that in case the said visitors or either of
ordere prevail- ^'^^^ ^^ ^^^ ^^^ ^^^ infectious disorder appears to prevail in any miJI or
ing, the visitors factory as aforcsaid, it shall be lawful for them or either of them to require
^tl^ to''^?'* the master or mistress of any such mill or factory to call in forthwith some
in medical physician or other competent medical person, for the purpose of ascertaining
assistance, &c. ^^ nature and probable effects of such disorder, and for applying such remedies
and recommending such regulations as the said physician or other couipettnt
medical person shall think most proper for preventing tlie spreading of tbe
infection and for restoring the health of tlie sick ; and that such physician or
J
A.D. 1801-2- 42 George III. c 73. 73
olher competent medical person shall report to such visitors, or either of them,
$s often as they shall be required so to do, their opinion in writing of the
Dstnre, progress, and present state of the disorder, together with its probable
effects; and that any expences 'incurred in consequence of the provisions
aforesaid for medical assistance shall be discharged by the master or mistress
of such mill or factory. ^
XL And be it further enacted, that if any person or persons shall oppose or Penalty for
mokst any of the said visitors in the execution of the powers intrusted to ^^/^
them by this Act, every such person or persons shall for every such ofience
forfeit and pay any sum not exceeding ten pounds nor less than five pounds.
Xll And be it further enacted, that the master or mistress of every such Copies of this
Ajct to be
mill or factory shall cause printed or written copies of this Act to be hung up affixed in two
ind affixed in two or more conspicuous places in such mill or factory, and conspicuous
M*u««»^ ..,,., 1 .^ . .1 i places of such
shall cause the same to be constantly kept and renewed so that they may at miug or fee-
all times be legible and accessible to all persons employed therein. **>"^-
XnL And be it further enacted, that every master or mistress of any such Penalty on
mill or fiwstory who shall wilfully act contrary to or offend against any of the* ?J^^^^®"^'
provifflons of this Act, shall for such offence (except where otherwise directed) this Act.
forfdt and pay any sum not exceeding five pounds nor less than forty shillings,
atdie&cretioin of the justices before whom such offender shall be convicted
as i&er ment^ioned ; one half whereof shall be paid to the informer, and the
other half to the overseers of the poor in England and Ireland, and to the
minister and. elders in Scotland, of the parish or place where such offence
jittO k oomvnitted, to be by them applied in aid of the poor rate in England
aod Ireland, and for the benefit of the poor in Scotland, of such parish or
place: Provided always, that all informations for offences against this Act,
shall be laid within one calendar month after the offence committed, and not
afterwards.
XIY. And be it further enacted, that every such master or mistress shall, Mills or fiic-
at the Epiphany sessions in every year, make or cause to be made an entry ?*"*• *rt«n^
in a book to be kept for that purpose by the clerk of the peace of the county, number of
riding, or division, in which any mill or fistctory shall be situate, of every such ^[^ ^ ^
mill or factory occupied by him or her wherein three or more apprentices or book kept by
tirenty or more other persons shall be employed, and the said clerk of the J^'^^ho Luai
peace shall receive for every such entry the sum of two shillings and no more, receive 2«. for
XV. Ain) be it further enacted, that all offence^ for which any penf^ty is ^^J^^^'
imposed under this Act, shall and may be heard before any two or more forfeitures
joatices of the peace, acting in or for the place where the offence shall be ^^^ *^
committed ; and all penalties and forfeitures by this Act imposed, and all costs
and charges attending the conviction of any such offender or offenders, shall
and may be levied by distress' and sale of the offenders goods and chattels,
by warrant under the hand and seal of any two or more justices of the peace
acting for the county, stewartry, riding, division, or place where such offence
shall be committed, rendering the overplus (if any) to the party or parties
offending ; and which warrant such justices are hereby empowered and re-
quired to grant, upon conviction of the offender either by confession or upon
the oath of one or more credible witness or witnesses (which oath such justices
are hereby empowered to administer) ; and in case such distress cannot be
found, and such penalties, forfeitures, and costs shall not be forthwith paid, it
shall and may be lawful for such justices, and they are hereby empowered
74
42 Oeoboe IIL a 73^ 85.
A,D. 1801-2.
Forai of con-
viction.
f
it
•a
r
Fublick Act.
■J.
n
.1^
r.
11 Will, 8.
c. 12.
and required, by warrant under their hands and seals, to oommit such offender
or offenders to the oonunon gaol or house of correction of the county,
stewartry, riding, division, or place where the offence shall be committed, for
any time not exceeding two calendar months, unless the said penalty, for-
feiture, and costs, shall respectively be sooner paid and satisfied : Provided
always, that no warrant of distress shall be issued for levying^ any such
penalty, forfeiture, or costs, until six days after the offender shall have been
convicted, and an order made upon him or her for payment thereof; and no
such conviction shall be removeable by certiorari or bill of advocation into
any court whatsoever.
|XVL*J And be it further enacted, that every such conviction before such
justices may be made in the following form ; to wit,
< County of "^ "R^ ^* remembered, that on the day of
* to wit. J -^ *in the year A-B. was, upon
* the complaint of CD., convicted before of the justices of the peace
' for the said county of [or, for of or in the said
' county of , as the case shall happen to be], in pursuance of ao
* Act passed in the forty-second year of the reign of his Majesty King Geoige
* the Third, for [or as the case may be]. Given under our hands and seab,
* the day and year above written.'
Which conviction shall be certified to the next general quarter sessions, there
to be filed amongst the records of the county, riding, or division.
XVII. And be it enacted, that this Act shall be deemed and taken to be a
publick Act, and shall be judicially taken notice of as such, by all judges,
justices, and others, without specially pleading the same.
CHAPTER LXXXV.
An Act for the trying and punishing in Great Britain Persons holdingf
publick Employments, for Offences committed abroad ; and for extending
the Provisions of an Act passed in the Twenty-first Year of the Beign
of King James, made for the Ease of Justices and others in pleading in
Suits brought against them, to all Persons, either in or out of this .King-
dom, authorized to commit to safe Custody. ■ [22d June 1802.]
TTTHEREAS persons holding and exercising publick employments out o(
' * Great Britain often escape punishment for offences committed by them
for want of courts having a sufficient jurisdiction in or by reason of their
departing from the country or place where such offences have been committed,
and that such persons cannot be tried in Great Britain for such offences as
the law now stands, in as much as such offences cannot be laid to have been
committed within the body of any county : And whereas it ia therefore expe-
dient that such and the like provisions as are contained in an Act passed in
the eleventh and twelfth years of the reign of his late Majesty King William
the Third, intituled " An Act to punish governors of plantations of this king-
*' dom for crimes by them committed in the plantations," and in an Act
passed in the thirteenth year of the reign of his present Majesty, intituled
13 Geo. 3. c. 63. ** An Act for establishing certain regulations for the better management of
J» Rep., 60 far as relates to Ireland, Stat. Law Rev. Act, 1872. J
. *
jLD. 1801-a
42 Gkobqe IIL c. 85.
75
'' the affiurs of the East India Company, as well in India as in Europe," and
in an Act passed in tbe twenty-fourth year of the reign of his present Majesty,
intituled *" An Act for the better regulation and management of the affairs of 24 Gm. 3. sess.
** the East India Company, and of the British possessions in India, and for ' '
'' establishing a court of judicature for the more speedy and effectual trial
^ of persons accused of offences committed in the East Indies," should be
extended and applied to the punishment of such offenders : May it therefore
{dease your Majesly that it may be enacted, and be it enacted by the King's
most excellent Majesty, by and with the advice and consent of the lords
^iritual and temporal, and conunons, in this present Parliament assembled,
and by the authority of the same, that, from and after the passing of this Act, Offences com-
if any person who now is, or heretofore has been, or shall hereafter be ^^g employed
employed by or in the service of his Majesty, his heirs or successors, in any in any publick
civil or military station, office, or capacity out of Great Britain, or shall here- may be pro-
tofore have had, held, or exercised, or now has, holds, or exercises, or shall here- jecuted in the
ifter have, hold, or exercise any publick station, office, capacity, or employment, Bench in £ng.
Got of Great Britain, shall have committed, or shall commit, or shall have hereto- Jf^^f .\*°^,5??y
, be laid m Mid-
forebeen, or is, or shall hereafter be guilty of any crime, misdemeanor, or offence, dlesex, and the
iaUie execution, or under colour, or in the exercise of any such station, office, ^"^^ ^
cspyQtjr, or employment as aforesaid, every such crime, offence, or misdemeanor the offences
maybe prosecuted or enquired of, and heard and determined in his Majesty's ^^^j^EaT-
CoQit of King's Bench here in England, either upon an information exhibited land.
V^lus Majesty's attorney general, or upon an indictment found, in which infor-
attim or indictment such crime, offence, or misdemeanor may be laid and
datg&i to have been copamitted in the county of Middlesex, and all such persons
90 offmding, and also all persons tried under any of the provisions of the said
redted Act passed in the reign of King WiUiam aforesaid, or this Act, or either
of them, for any offence, crime, or misdemeanor, and not having been before
tried for the same out of Great Britain, shall, on conviction, be liable to such
pmiahment as may, by any law or laws now in force, or any Act or Acts that
may hereafter be passed, be inflicted for any such crime, misdemeanor, or
offence committed in England, and shall also be liable, at the discretion of his
Majesty's Court of King's Bench, to be adjudged to be incapable of serving
his Majesty in any station, office, or capacity, civil or military, or of holding or
exerdsing any publick employment whatever.
IL AxD be it further enacted, that in all cases of indictments found or The Court of
informations exhibited under and by virtue of this Act, it shall be lawful for on motion, miiy
bis Majesty's said Court of Kine's Bench, upon motion to be made, and such *''*'? * '^^ ^^
■^ •' o » r ' mandamns to
notice thereof as to the said Court of King's Bench may appear to be sufficient, any coort of
by or on behalf of his Majesty's attorney general or other prosecutor, or of the |^«a*««» or
defeodani or defendants, to award, at the discretion of the said court, a writ &c. of the
or writs of mandamus to any chief justice and judges, or any chief justice or JSTc^^ wL
other judge singly for the time being, of any court or courts of judicature in committed, to
the country or iJand, or near to the place where the crime, offence, or mis- onSe im^Si*
demeanor shall be charged in such indictment or information to have been charged in the
committed, or to any governor or lieutenant governor or other person having ^hi^TIiSi bo
any chief authority in such country, island, or place, or to any other person or obtained by viva
pereons residing there, as the case may require, and as to the said Court of ^^th^^^'
King^s Bench may, under all the circumstances of the case, seem most expedient, "^^ ^ ^*^°^
for the purpose of obtaining and receiving proofs concerning the matters Court of Kinf^'s
J..
f- *
r
76 42 George III a 85. A-D. 1801-2.
^itted"^ th ^^*^S^ ^^ *'''^y s^c^ indictment or information ; and the person or persons to
' trial, &c. whom such writ or writs shall be directed and sent are hereby respectively
authorized atid i*equired to hold a court, session, or meetings with sJl conve-
nient speed, for the examination of witnesses and receiving other proofs con-
cerning the matters charged in such indictment or information respectively,
and in the meantime to cause publick notice to be given of the holding the said
courts session, or meeting, and to issue such summons or other process as may
be requisite for the attendance of witnesses, and to adjourn from time to time
as occasion may require ; and such examination or examinations shall be then
and there openly and publickly taken viva voce in the said court, session, or
meeting, upon questions put by any such prosecutor or prosecutors, defendant
or defendants, or any agent or agents, person or persons, on behalf of the said
attorney general or other prosecutor or prosecutors, and defendant or defen-
dants respectively, if any such shall attend for that purpose, and by the court,
person or persons to whom such writ shall be directed and sent as aforesaid,
upon the respective oaths of witnesses, and the oaths of skilful interpreters if
necessary, administered according to the forms of their several religions, and
shall, by some'officer or person sworn for that purpose, be reduced. into writing
on parchment or paper, and in case any duplicate or duplicates shall be
required by or on behalf of the prosecutor, or the defendant or defendants
respectively, into two or more writings on parchment or paper, as the caae
may require ; and such examination or examinations shall be sent to his
Majesty in his Court of King's Bench closed up, and under the seal or seals of
the person or persons before whom such examination or examinations as afore-
said shall have been taken ; and the person or persons taking such examina-
tion or examinations as aforesaid shall deliver the same to any person or
persons appointed by the said Court of King's Bench to receive the same, or
shall transmit the same in such manner as the said Court of King's Bench shall
direct ; and all such examinations shall, with all convenient speed, be delivered
to one of the clerks in court of his Majesty's Court of King's Bench, in the
Crown office of the said court, for the safe custody thereof ; and every clerk
in the said Court of King's Bench, to whom any examination or examinations
shall be delivered, is hereby authorized to administer an oath to the person
delivering the same to him, in such form as the said Court of King's Bench
shall direct ; and such examination or examinations shall be allowed and read
upon the trial of any such indictment or information, or any other subsequent
proceeding thereon or relating thereto, and shall be deemed as good and
f competent evidence as if the witness or witnesses, whose examination or
examinations shall be so read, had been present and sworn and examined viva
voce at such trial, any law or usage to the contrary notwithstanding, saving
all just exceptions to be taken to any such examination or examinations, or
any part thereof, when the same shall be offered to be read as aforesaid ; and
all persons concerned shall be entitled to take copies of such examinations in
the custody of such derk in court at their own costs and charges.
Court of King's III. AND be it further enacted, that it shall also be lawful for the said
order im^- Court of King's Bench, upon motion to be made, and such notice thereof as
amination de aforesaid, by or on behalf of his Majesty's attorney general, or other prose-
caM wto«^ cutor, or defendcint or defendants in any such indictment or information, to
viva voce evi- order an examination de bene esse of witnesses upon interrogatories, in any
be had. ^^****® where the viva voce testimony of such witnesses cannot conveniently b^
I
I
\
k
A.D. 1801^2.
42 George III. c. 85.
77
had, to be taken before an examiner to be appointed by the said court ; and
the depositions taken upon such interrogatories shall be afterwards admitted
to be read in evidence upon the trial of such indictment or information, or in
any other subsequent proceeding thereon or relating thereto, and shall be
deemed good and sufficient evidence in the lav^, saving all just exceptions to
be taken to such depositions v^ben the same shall be offered to be read as
aforesaid
IV. And be it further enacted, that it shall be lawful for any person or
pexBons to whom any such writ or writs of mandamus shall be directed or
order sent as aforesaid, and, in case the same shall be directed or sent to more
ttian one person, for so many of them as shall for that purpose be appointed
by the said writ or required by the said order, and who shall act in the
execution thereof, and such person and persons is and are hereby respectively
auiborized and required, to administer all oaths required to be taken under
my of the provisions of this Act, or necessary for the due execution of any
sndi writ or order, or any act, matter, or thing relating thereto, and to
exunine upon oath all persons whom he or they find occasion to summon, and
ail other persons whom he or they shall think fit to examine, touching all
mUos and things necessary for the due execution of any such writ or order
ttaforesftid; and such person and persons respectively to whom such writ
lyi he directed or order sent as aforesaid, or so many of them as shall in
Ihathehalf be appointed and shall act in the execution thereof as aforesaid,
ia& Ute full power and authority to compel the appearance and giving
eridence of any witness upon any such writ or order, and to issue special
mnmw or other process for that purpose, and may proceed upon such
smm<m or other process, by imprisonment of the body of any person refusing
to appear or give evidence, in like manner as any court or courts of record
within this kingdom, having competent authoritj' for that purpose, may pro-
ceed against any person or persons for any contempt committed against the
aotbority of any such court.
y. And be it further enacted, that in case any person or persons in the
coarse of his, her, or their examination upon oath, under and by virtue of the
add recited Act of the twenty-fourth year of his present Majesty, or this Act,
shall wilfully and corruptly give false evidence, such person or persons so offend-
ing, and being thereof duly convicted, shall be, and is and are hereby declared
to be, subject and liable to such pains and penalties as persons guilty of wilful
and corrupt peijury shall be liable to by any law or laws then in force in the
kingdom, island, or place where such false evidence shall have been given as
aforesaid.
y I. And whereas it is expedient to extend the* pcovisions of .an Act^ passed
in the twenty-first year of the reign of his Majesty King James the First, inti-
toled " An Act to enlarge and make perpetual the Act made for ease in plead-
" ing against troublesome and contentious suits prosecuted against justices of
** the peace, mayors, constables, and certain other his Majesty's officers, for the
" lawAil execution of their office, made in the seventh year of his Majesty's
" most happy reign,'' to all persons who may by law commit to safe custody,
either in or out of this kingdom : Be it therefore enacted, that from and after
the pfMM^T^g of this Act, the said recited Act and all the provisions therein con-
tained shall extend, and be deemed, taken, and construed to extend, to all per-
PenoDs to
whom such
writs of man-
damus shall be
directed, shall
do all things
necessary for
the due execu-
tion thereof by
compelling the
appeanmce and
giving evidence
of witnesses,
&c.
Persons giving
false evidence
shall be subject
to the pains
inflicted for
perjury.
Provisions of
2lJa. 1. c. 12.
extended to per-
sons all having
poblick em-
V \ 78 42 Geoeqb III. c. 85, 90. A.D. 1801-2.
!
I piayineDt in soDB having, holding, or exercisiiig, or being employed in, or ■who may here-
' ot'ki^f^°"' *^^'' 1^*^6- bold, or exercise, or be employed in any pnblick employment, or
'r V , ooi™»i« Mid any office, station, or capacity, either civil or military, either in or oat of this
ses^Dt of Kingdom, and who nnder and by virtue or m pnrsuanoe of any Act or Acts
"h 'b^k' "^ Parliament, law or laws, or lawful authority within this kingdom, or any Act
empowered to Or Acts, statute or statutes, ordinance or ordinances, or law or laws, or lawful
BDM^'^' authority in any plantation, island, colony, or foreign possession of his Majesty,
Euitody, now have or may bereoffcer have by virtue of any such pnbUcfc employment, or
such office, station, or capacity, power or authority to commit persons to aaffe
custody ; and all such persons, having such power or authority as aforesaid, shaU
have and be entitled to all the privileges, benefits, and advantages ^ven by the
Where any provisions of the Said Act as fully and effectually, to all intents and purposes,
teo^htfor ^ *^ *^^r ^^ ^^'^°- specially named therein: Provided always, that where
any thing done any aotion, bill, plaint, or suit upon the case, trespass, battery, or ialse imprison-
luwrtom, it ment, shall be brought against any such person as is in this Act described as
aforesaid, in this kiugdom, for or upon any act, matter, or thing done out of thi?
kingdom, it shall be lawful for the plaintiff bringing the same to lay such act,
matter, or thing, to have been done in Westminster, or in any county wlnp-
the person against whom any such action, bill, plaint, or suit, shall be brongfat
shall then reside, any thing in this Act to the contrary thereof notwitfastaDdui^'
CHAPTER XC.
An Act for amending the Laws relating to the Militia in England, and foe
augmenting the MiUtia. [26th June 180S.]
TTTTHEREAS a respectaUe military force, under the command of officers
* * possessing landed property within Great Britain, is essential to the
constitution, and the militia, as by law established, through its constant
readiness on short notice for effectual service, has been found of the utmost
importance to the internal defence of this realm : And whereas it is necessu)'.
for the better iulfilHng ihe purposes of the institution of the TnilitiiS that
the numbers thereof to be raised and kept in constant readiness for effectual
service within Qreat Britain should be augmented : And whereas the law.s
now in force for regulating the militia require amendment, and it is expedient
that many of the provisions contained in the several Acts relating to the same
should be repealed, and others of them continued and amended, and that now
provisions should be made, and it woiild greatly tend to the better execution
thereof if the whole of ihe said provisions were comprised in one Act of
Parliament:
BiiUtyerty Ill'i AnD be it further enacted, that his Majesty may and shall, ftom
ik^^itTof '^^ *** '™^' •50°^it"t* f^^ appoint lieutenants for the counties, ridings, and
coolItie^ who places herein-after mentioned, and the several lieutenants so appointed tM'
J^^^,^™' have full power and authwity, and are hereby required, to call together, arm,
yearly, and ap. array, and cause to be trained and exercised, such persons and in such manner
Ueutenanw ^ ^ herein-after directed, once in every year; and the said lieutenacta
severally shall &om time to time constitute and appoint such persons as they
J> Bep., so &r 08 relates to the qualifications of officers of the militia, Stat. Law
Rev. Act, 1872.J
and alio
officers.
K
AJ). 1801-2.
42 George III. c. 90.
79
shall think fit, being qualified as herein-after is directed, and living within
their respectiTe counties^ ridings, and places, to be their deputy lieutenants
(the names of such persons having been first presented to and approved by
his Majesty), and shall also appoint a proper number of colonels, lieutenant
eidonels, majors, and other ofiELcers, qualified as herein-after directed, to train,
discipline, and command the persons to be so armed and arrayed according
to the roles, orders, and directions herein-afber mentioned
. . and the officers so appointed for the militia, to be armed and arrayed
as herein-after directed, shsJl rank with the officers of his Majesty's regular
forces as youngest of their rank.
nL And be it further enacted, that when the lieutenant of any county,
riding, or place, shall be out of the kingdom of Great Britain, or when there
shall be no lieutenant, it shall be lawful for his Majesty to authorize any
three deputy lieutenants of such county, riding, or place, to grant commissions
to officers to serve in the militia for such county, riding, or place, upon any
vacancy that shall then happen, in such manner as such lieutenant could do,
and to do all other acts, matters, and things, which might lawfully have been
done by the said lieutenant ; and the same shall be good and valid in the
law, as if done by the said lieutenant himself.
IIY.i And be it further enacted, that no commissiou of any deputy
Bentonant^ nor any commission of any officer in the militia, already granted
or\o\ft granted by any lieutenant or deputy lieutenants, shaU be vacated by
reason of the revocation, expiration, or discontinuance of the commission by
which any such lieutenant or deputy lieutenants as aforesaid was or were
ajipxDied.
y. Aot) be it further enacted, that the lieutenant of every county,
riding, OP place, shall have the chief command of the militia within the
comAjy riding, or place, to which he is appointed ; and that twenty deputy
fieateiuuits at the least shall be appointed within every county, riding, and
place, if 80 many can be found quaMed as herein-afber directed ; but if such
munber of persons so qualified cannot be found within any such county,
riding, or place, then as many persons so qualified as can be found within
sQch county, riding, or place shaU be appointed to be deputy lieutenants for
the purposes of this Act.
IV1*'J And be it further enacted, that all persons to be appointed deputy
lieutenants or officers of the militia in pursuance of this Act (except within
the counties of Cumberland, Huntingdon, Monmouth, Westmorland, and
Rutiand, the Isle of Ely in the county of Cambridge, the several counties and
places within the dominion of Wales, and such cities and towns as are
counties within themselves) shall be qualified as follows; (that is to say),
every person so to be appointed a deputy lieutenant, shall be seised or pos-
sessed either in law or equity, for his own use and benefit in possession, of
a freehold, copyhold, or customary estate for life, or for the life of his wife.
Bank of
officers.
Three deputy
lieutenants
may be autho-
rized by his
Majesty to act
when tiie lieu-
tenant shall be
out of the
kingdom, or
wh^e there
shall be none.
Commissions
not to be
vacated by the
revocation of
the power of
the grantor.
laentenant
to have the <
chief com-
mand of the
militia of the
county, and a
certain number
of deputy lien-
tenants to be
appointed.
Qualifications
of deputy lieu-
tenants in Eng-
land, ezoept
for certain
places.
p Bep^ so far as relates to commissions of ofBcers in the militia, Stat. Law Bev.
Act, 1872.1
P Bep., Bo £ar as relates to the qualifications of officers of the militia, and to the
counties, ridings, or places in which estates required as qualifications for deputy
lieutenants are to he situate or arising, Stat, Law Bev. Act, 1872*2
42 George III. c. 90.
CuinberlnDd,
WbIw.
QualificittioDS
uf Uepiity lieu-
teiuiulH in the
Isle of Ely.
F.Btalt"' held
for temia of
20 years or
more, of nn
annual valui;
equnl to (b(^
vaine of free-
hold, &c. estates
required for
qUOliSc^alioii!!,
Rball be auffi-
Ho deputy
lieutenuut to
be appointed
till n descrip-
tion of his quali-
ficuian be de-
she having a freehold, copyhold, or customary estate for her life, or for sonn
greater estate, or of an estate for some long temi of years determinable Q|
one or more life or lives, in manors, messuages, lands, tenements, or here<
ments, in Eoglaiid, Wales, or the toirn of Berwick-upon-Tweed, of the j||
value of two hundred pounds, or shall be heir apparent of some person 1
shall in like manner be seised or possessed of a like estate as aforesaid of
yearly v^lue of four hundred pounds ;
{VII.*] And be it further enacted, that the estates requisite for the quaH
dcation of the deputy lieutenants and officers of the militia, 'within the coud-
ties of Cumberland, Huntingdon, Monmouth, Westmorland, and Rutland, aal
vithin every county and place in the dominion of Wales, shall be as follows;
(that is to say), a deputy lieutepant shall in like manner be seised or posBessei^
of a like estate as aforesaid of the yearly value of one hundred and Sfif.
pounds, or shall be heir apparent to a person who shall in like muiner b
seised or possessed of a like estate as aforesaid of the yearly value of tbree
hundred pounds ; . '
|VIIL»I And be it further eoacted, that the estates requisite for tl»
qualificatioQ of the deputy lieutenants and officers of the militia in the Isle
of Ely, shall be as follows ; a deputy lieutenant shall be in like manner ■ '
or possessed of a like estate as aforesaid of the yearly value of one bunditd
and fiily pounds, or shall be heir apparent of some person who shall be in
like manner seised or possessed of a like estate as aforesaid of the yearly value
of three hundred pounds ;
*•* •• •• *
|X.*3 Peovided always, aud be it further enacted, that the immediate
reversion or remainder of and in manors, messuages, lands, tenements,
hereditaments, which are leased for one life, or for two or three lives, or for
any term of years determinable upon the death of one life, or of two or tbree
lives, on reserved rents, and which are to the lessee or lessees of the clear
yearly value of three hundred pounds, shall be deemed equal to an estate
hereiu-before required as a qualification of the yearly value of one hundred
pounds, and so in proportion to the several other qualifications required by
this Act.
{XI.*I And be it further enacted, that a person possessed in law or equity,
for bis own use and benefit in possession, of an estate for a certain term
ori^nally granted for twenty years or more, of an annual value (over and
above all rents and charges payable out of or in respect of the same) equal
to the value of such an estate as is required for the qualification of a deputy
lieutenant and a commissioned otficer of the militia respectively, and situate
aforesaid, shall be and is hereby deemed and declared to be sufficiently qualified
to act in the execution of this Act
IXII.'3 And be it further enacted, that no person shall hereafter be ap-
pointed to be deputy lieutenant of any county, riding, or place, or be appoiiite<i
to a higher raak in the militia than that of lieutenant, until he shall have
' delivered in to the clerk of the peace of the county, riding, or place for which
{• Rep., so far as relates to the qualificationB of officers of the militia, and If 1^
counties, ridings, or places in which estates required as qualifications for deputy
lieulenaute are to be situate or arising, Stat. Law Rev. Act, 1872.]
A,D. 1801-2.
42 George III. c. 90.
81
he shall be appointed, or (in the absence of the clerk of the peace) to his deputy,
a specific description in writing, signed by himself, of his qualification, stating
the parish or parishes in which the estate or estates which form his qualification
is or are situate ; and the clerk of the peace or his deputy shall transmit to
I the lieutenant of the county^ riding, or place a copy of such description ; and
no oonunission granted after the passing of this Act for a higher rank in the
militia than that of lieutenant shall be valid, unless it be declared in the
«>mmi8sion that the officer to whom the commission is given hath delivered
in his qualification as above directed.
IXIIL*I And be it further enacted, that the clerk of the peace of eveiy
Qounty, riding, and place, shall and he is hereby required to enter the qualifi-
eations transmitted to him, according to the directions of thia Act, upon a roll
to be provided and kept for that purpose, and to cause to be inserted in the
[' London Gazette the dates of the commissions, and names and rank of the
officers, together with the names of the officers in whose room they are ap-
pointed, in like manner as commissions in the army are published from the
War Office ; and he is hereby authorized to charge the expence of such insertion
in the Gazette for each commission to the treasurer of the county, riding, or
place, who is hereby directed to pay the same ; and the said derk of the peace
or his deputy shall, in the month of January in every year, transmit to one
olU& Majesty's principal secretaries of state a complete account of the quali-
ficatums so left with him, and the secretary of state receiving such accounts
shall caiise copies thereof to be annually laid before both Houses of Parliament ;
livered to the
clerk of the
peace, who
shall transmit
a copy to the
Ileatenant.
Clerk of the
peace to enter
qualifications
upon a roll,
and to insert
in the London
Gazette dates
of commissions,
&c., and to
transmit every
January to the
secretary of
state an ac-
count of quali-
fications to be
laid before
Parliament
[XIY.*l And be it further enacted, that if any person shall execute any
of ^ powers hereby directed to be executed by deputy lieutenants, colonels,
fieotcDant colonels, or majors, not being qualified as aforesaid, or without
haviog delivered in such specific description of his qualification as is herein-
before required, every such person shall forfeit and pay the sum of two
hundred pounds ; and if any person shall execute any of the powers hereby
directed to be executed by captains, not being qualified as aforesaid, or
without having delivered insuch specific description of his qualification as is
herein-before required, every such person shall forfeit and pay the sum of one
hundred pounds ; one moiety whereof shall go to the use of the person who
ahall sue for the same ; and in every action, suit, or information, brought
against any person for acting as deputy lieutenant, colonel, lieutenant colonel,
major^ or captain, not being qualified as herein-before directed, the proof of
his qualification shall lie upon the person against whom the same is brought :
Provided always, that nothing in this Act contained shall restrain or prevent
any peer of the realm, or heir apparent of any such peer, from being appointed
or acting as a deputy lieutenant, or a commissioned officer in the militia,
within the county, riding, or place, wherein such peer, or heir apparent of
such peer, shall have some place of residence, although he may not have the
4jaalification herein-before required ; or to oblige any peer of this realm, or
bdr apparent of such peer, who shall be appointed a deputy lieutenant or
Penalty on
persons acting
who are un-
qualified, or
who have not
delivered in
their qualifi-
cations.
Peers, or their
heirs apparent,
may act, though
not possessed
of qualifica-
tions.
{* Bep., SO far as relates to the qualifications of ofiicers of the militia, and to the
counties, ridings, or places in which estates required as qualifications for deputy
lieatenants are to be situate or arising, Stat. Law Hev. Act, 187.2.]
VOL. IV.
P
82 42 Geokoe III. c. 90. A.D. 1801-2.
commiBsioned officer as aforesaid, to leave with the clerk of the peace for the
county, riding, or place, for which he shall be appointed, any qualificBtaon in
writing as aforesaid.
His Majestjr |XVTI.'3 AND be it fiirther enacted, that hjs Majesty, his heirs and
tenants to di»- ~ Huccessors, may fi-om time to time, as he and they shall think fit, signify hii
place deputy an^ tiigir pleasure to his and their lieutenant of any county, riding, or pkc^
officers. to displace all or any deputy lieutenants and oiEcera in the militia, and there-
upon his Majesty's respective lieutenants shall forthwith displace such deputy
heutenanta or oiBoers, and appoiut others within the same county, riding, or
place, with the like qualifications, and under and subject to the like provision! ;
and rcsti'ictions, to serve in their stead. I
UentenaDtauid XVIII. AsD be it further enacted, that the lieutenant of every coimty, !
teMSs to'ap- riding, and place, shall from time to time appoint a clerk of the genen! ■
point clerks of meetings to be holden as herein-after directed, and may displace aucb clert
'™'^- if he shall think fit, and appoint another in his room ; and the depnl/
lieutenants within their respective subdivisions, or the major part of tiic't
present at any subdivision meeting, shall also from time to time Jippoint a '
clerk for their subdivisions, and may displace such clerk if they, or the Wfit
part of them, shall think fit, and appoint another in his room. J
• •••«••**
Begnlatiom XXI. And be it further enacted, that general meetings of the lientenancy
franeni] mret- ^^ every county, riding, and place, shall be holden in some principal town of
iBRsofUeo- every such county, riding, and place, and such general meetings shall consist
inancy- ^f ^j^g lieutenant, together with two deputy lieutenants at the least, or on the
death or removal or in the absence of the lieutenant, then of three depu^
lieutenants at the leaat, of every county, riding, and place respectively ; and
one such general meeting shall be holden within every county, riding, and
place annually, upon the last Tuesday which shall happen before the tenth
day of October in every year, or earlier if occasion shall require ; and the
lieutenant, together with any two deputy lieutenants, or (on the death or
removal or in the absence of the lieutenant), any three deputy lieutenante of
any county, riding, or place, when and as often as they shall find neeessary
for carrying the purposes of this Act duly and fully into execution, may
summon or cause to be summoned other general meetings of the lieutenancy.
on any days to be fixed by such summons ; ^''
in ease any annual or other general meeting shall not be attended by tiw
lieutenant and two deputy lieutenants, or by three deputy lieutenants, as
herein-before required, the lieutenant or any one deputy lieutenant, who Bball
attend at such meeting, shall and may adjourn the same to any other titne
and to any place within sucli county, riding, or place ; and in case no deputy
lieutenant shall attend at the time and place appointed for the next meeting,
then the clei'k of the general meetings, or his deputy, shall adjourn surfi
meeting to any other time, to be holden at the same place.
I" Rep., BO far as relates to the qualifications of officers of llie militiuj anil lo "i<^
counties, ridings, or places in which estateB required as qualifications for depa'/
liouteiianta are to be situate or arising, Stut. Luff Eev. Act, 1872.1
LD. 1801*2.
42 Geobge IIL c. 90.
83
XXII. And be it ftnrther enacted, that meetings of the deputy lieutenants, Subdivision
within the subdivisions of their respective counties, ridings, and places, shall ^^S^^wo
b^ holden as herein-after directed, which subdivision meetings shall consist deputy lieu-
af two deputy lieutenants at the least : Provided always, that at any sub-' least, or one
division meeting appointed according to the directions of this Act, where deputy and a
tvo deputy lieutenants do not attend, it shall be lawful for any one deputy peaco.
lieutenant^ together with any one justice of the peace of the county, riding,
or |dace, within which such subdivision lies, to do all acts, matters, and
things which are by this Act directed to be done by deputy lieutenants at
th^ respective subdivision meetings ; and all such acta, matters, and things .
80 done by any such deputy lieutenant and justice of the peace shall be as
good, valid, and effectual in the law, to aU intents and purposes, as if they
had been done by two deputy lieutenants of such county, riding, or place,
my thing in this Act to the contrary hereof notwithstanding.
XXm. And be it further enacted, that the respective clerks of the sub- Clerk to give
fiviaon meetings shall, as soon as conveniently may be after any such divirionmeet-
sabdiviflion meeting shall have been appointed, give notice in writing of the i°^ ^ the
tineind place of meeting to such of the deputy lieutenants who shall be te^tB,fmd
raideirt within such subdivision as he conveniently can, and also to the com- al«) to the
BttiMfiBg officer of the regiment, battalion, or corps, if on actual service, or (if ^S^^^^dan
notonadoal service) to the colonel or other oonunandant thereof, or (in case account of the
QAva xiDf Fe*
qI Im t\iBaioe from Great Britain) to the next commanding officer within cemn^? liits,
Qwt Briiiin, by notice addressed to the adjutant, and an account of the ^»UottingMd
fevHiIdajrs fixed for receiving lists, and for ballotting and for inrolling the
men within such subdivision ; and shaU, as soon as the militia men are
mroDed, likewise transmit to the colonel or other commandant, or to the com-
nanding officer as aforesaid, in manner aforesaid, a list specifying the names^
taides, and usual places of abode, of all such militia men as are inrolled ; and
vhme there are substitutes, the names, trades and places of abode of the
pemns in the room of whom such substitutes were inrolled
XXIV. And be it further enacted, that if it shall happen that there shall When two
Boi appear at any subdivision meeting two deputy lieutenants, or one deputy ^^JJ^^'one
Ikatenant and one justice of the peace, the derk of such meeting shall, hy and a justice,
notice to be given in writing to all the deputy lieutenants within such sub- ^otber^i^t
^visioD, or left at their respective places of abode, appoint another meeting to in^ to he ap-
be hdd within fourteen days, at the same place where such meeting was to ^^^e from the
have been holden, such notice being given five days at the least previous ^^^^^
to sneh meeting.
XXy. AvD be it farther enacted, that the lieateoant and depnty lieutenants, or the General meet-
depoty Uentenants, at every annual or at some other general meeting to \)e holden m inf^to appoint
berein-before directed, shall appdnt the first meetings of the deputy lieuteoantfi within «»uMJvwk»o
the serenl sobdivisions of their respective counties, ridings, and places, which said ^^"^
irat meetKDga shall be i^ipcMnted to he held as early after the tenth day of October in chi«f con-
etwy year as convenientty may be, or at such other time as may be mo«t expr;dient for mabhm, Ste. to
tmrfioig the purposes of this Act fully and duly into execution ; and the Maid lieutenant onkfr a retorn
and de^tty Ueutmants or the said deputy lieutenants may, if they jud^e nee^lful, *** ^ "'*^ ^
mp^mX the time and place for a second general meeting, and shall mm out their {^|,^^i of
— ^ to the chief constables, and where there is no chief conjttable, to »onvj other „Mfii hatweeu
of the several hundreds, npe^ Uthes, wi^ntakfjs, or other diviiiionii within the ft^ of 18
respective counties, ridings, and places, requiring e^xry «uch chir?f er>nfftab1e or and 45,
odwr officer as aforesaid to issue an order umler hln hand to all mnfltabh;^ tythin^
headboroug^ or other offioeri of e?ery parish, tything, or iflmx', within tli^Jir
r 2
84
42 George II{. c. 90.
A.D. 1801-2.
h
I
?
Constables, &e.
to give notice
in 5ie fonn in
the annexed
schedule (A),
to housekeep-
ers, &c. to pro-
dnoe lists con-
taining certain
particulars.
Penalty of 5L
for not duly
deliyering lists,
or making fiUse
returns.
Occupiers being
Quakers to pro-
duce certifi-
cates acknow-
ledging them
to be of that
persuasion, and
in such cases
the oonstablest
&c. to make
returns of per-
sons in sndi
houses liable to
serve as where
returns are not
made to notices.
Constables, &c.
to make out
yearly lists,
according to
the form in
schedule B., of
the names of
men between
the ages df 18
and 4ft within
their respective
districts, distin-
guishing their
rank, occupa-
tions, &c., and
to affix a copy
on the church
door, with no-
respectiye hundreds, rapes, lathes, wapentakes, or other divisions, to return to the
deputy lieutenants within their respective subdivisions at the places and on the days
appointed at the first general meeting in every year, fair and true lists in writing, in
manner by this Act directed, of the names of all the men usually and at that time
dwelling within the respective parishes, tythings, and places, for wiiich they shall
respectively act under the provisions and in the execution of this Act, betwe^i the ages
of eighteen and forty-five years. {Rep., 23 & 24 Vict. c. 120. s. 26.}
SXVI. And be it further enacted, that the several constables, ty thingmen, head-
boroughs, and other ofiicers and persons required to return lists of persons fit and
liable to serve in the militia, shall, within fourteen days after any such return shall be
required, give or leave notice in writing, in the form in the schedule to this Act
annexed marked (A), to or for every occupier of every dwelling house where any
person shall reside within the limits of the places for which they act as such con-
stables or other ofiicers as f^oresaid in the execution of this Act or any of the
provisions thereof, at his or her dwelling house, or where such dwelling house shall be
divided into different stories or apartments, and occupied distinctly by several personfl^
then to or for the occupier of each distinct story or apartment, to prepare or prodooe^
within fourteen days next ensuing the day of giving such notice, a list in writing, to
the best of his or her belief^ of the Christian and surname of each and every man res-
dent in such dwelling house, or distinct story or apartment, between tne ages ef
eighteen and forty-five, distinguishing every person in such dwelling house or distiDflt
story or apartment, of such age as aforesaid, claiming to be exempt from serving is Ae
militia, together with the ground of every such claim of exemption; and every mk
notice shall mention the day, time, and place appointed for hearing appeals withkfldi
subdivision by persons claiming to be exempt from serving in the militia ; and eisj
such occupier shall, after such notice so given or left, make out such list, and sign ito
same with his or her own name, and shall deliver the same or cause the same to k
delivered to such constable or other officer or person as aforesaid ; and if any occQpue
shall neglect or refuse to make out, sign, and deliver such list as aforesaid within ^'
time berore limited, o^ shall omit any person who ought to have been included therein
in pursuance of this Act, or knowingly make any fabe return of any particular reqniied
therein, every such occupier -shall for every such offence forfeit and pay a sum nol
exceeding the sum of five pounds. {Rep., 23 & 24 Vict, c 120. s. 26.}
XXVII. And be it further enacted, that in every case where any notice
shall be served upon any occupier being one of the people called Quakers, sadi
occupier shall, within seven days after the service of such notice, produce to
the constable or other ofiicer a certificate under the hands of two or moie
reputable housekeepers, being of the people called Quakers, acknowledging
such person to be one of their persuasion ; and that in all such cases such con*
stables or other ofiicers are hereby required to make returns of the persons
liable to sei-ve in the militia, resident in the houses, stories, or apartments of
such occupiers so certified to be of the people called Quakers, in the same
manner as is directed by this Act in cases where returns are not made to such
notices as aforesaid.
XXVm. And be it further enacted, that the constables, tythingmen, headborougfa%
or other officers of every parish, tything, or place shall, within one month after having
delivered such notices as aforesaid, make out in every year a fur and true list in
writing, according to the form in the schedule to this Act annexed marked B^ ofuie
names of all the men usually and at that time dwelling within the respective parishes)
tythings, and places, for which they shall respectively act in the execution of the pro*
visions of this Act, between the ages of eighteen and forty-five years, as well of those
who have not made any return or been returned in pursuance of such notices as afore-
said, as of those who shall have made such returns or been returned in pursuance
thereof^ distinguishing their respective ranks and occupations, and those who have
made returns to such notices from those who have neglected to make such returns (an
where the true names of such persons cannot be procured, the conunon appeflation
such person shall be sufficient), and distinguishing which of the persons so returnen
labour under any infirmity likely to incapacitate them from serving as militia men, an
which of them daim to be exempt from serving in the militia, and on what acooans
A.D. 1801-2.
42 Oeoroe hi. c. 90.
85
lad ifaall affix a true copy of every such list on the door of the church or chapel
beloogiug to every such parish, tything, or place, or (if any place shaH have no church
or chapel belonging thereto) on the door of the church or chapel of some parish or
plice thereto adjoining, some one Sunday morning before they shall make the return
to the depnij lieutenants as directed by this Act, which Sunday shall be three days at
the least berare the meeting of deputy lieutenants at which such return is to be made«
ud also notice in writing at the bottom of the said copy of such list of the day and
hoar and place of meeting for hearing appeals under the Act, and that all persons
vho shall think themselves aggrieved may then appeal, and that no appeal will be
afterwards received ; and shall afterwards make a return of such list as aforesaid, or a
trie and exact copy thereof, to the deputy lieutenants of the subdivision. TRep.,
23&24irict. c. 120. 8. 26. J
IXXn. Anp be it further enacted, that it shall be lawful for the deputy lieutenants
vithio any subdivision or any two or more of them from time to time to issue their
order or warrant under their hands and seals, requiring the attendance of the constable,
tythiBgman, headborough, or other officer of any parish, tything, or place within such
nbdivision, at such time and place as in such order or warrant shidl be expressed ;
ad if any such constable, tythingman, headborough^ or other officer shall refuse or
neglect to appear according to such order or warrant, or if any chief constable or other
o&er of any hundred, rape, lathe, wapentake, or other division, or any constable,
tjthingmaD, headborough, or other officer of any parish, tything, or place shall refuse
or neglect to return any such list as before directed, or to comply with such orders and
irecSoDs as he shall from time to time receive from the said deputy lieutenants or
vytvocrmore of them in pursuance of this Act, or shall, in making such return,
he giiitj of any £naud or wilful partiality, or gross -neglect in his duty, the said deputy
Twiwta cr any two or more of them are hereby empowered and required 1o
eooflit the person so offending to the common gaol, there to be kept without bail or
muafmbr the space of one month, or, at their discretion, to fine such person in any
saaot ezeeediDg twenty pounds, nor less than forty shillings. {Rep., 23 & 24 Vict*
HXIIL Provided always, and be it further enacted, that if any chief or
other toostable, headborongli, tythingman, or oyerseer shall be of the people
eaflei Quakers (and oertiiied to be so by two persons of the people called
Qukersi, and shall n^lect or refuse to perform tiie duties required by thii^
Act, it shall be lawful for any two justices of the peace acting for the division
vithin vhkh such Quaker shall be such officer as aforesaid, and they are
boeby reqoiied, in all cases where the circumstances of the case shall in tlieir
jodgmott render it expedient and necessary for the due execution <j{ ttie
proviEMHH ^ this Act, by their order under their hands and seals U) i^i[x>int
a fit and proper person to be deputy to such Quaker, for the purpo^^e orily of
canyii^ this Act into execution ; and every peraon so B\i\t(Ani^\ 'leputy as
afonsud dull have and exercise all the powers, authorities and jnrvinlu^iiotui
giTCB by this Act to sudi officer for whom he sliall so act, and hljall tiff sirtd
perfom aD the like duties and <^ce8 under the like pains, [lenalti^^ ami for^
t6taRs as are hereby imposed for neglect of duty tA nay such f4Rf>tr as
^txfaui, in like manner in every respect as the person for wliom }ie sljall m^
act: aad whoe an appcnntment of any dq>uty ^hall 1^ hfp made, the ymw^\pa\
dnrfffwitalJe, head]:«rjrough, tythingman, or oven^eer ^^ng one t^ the {^^[Ah
a3ttl Qwri I ■ ■ I sh*!! be and he Ls hereby diseliarged fn>m the p*?rfoniiario<ij *4
laj daty rtfrsmA r»f hiai by this Act, and from all ftefUilxi^ incurred for
^t^tttikenrd aber tiie time of xrocfa apfK/intii^erit.
IIIIIT. Asi> **e h further enr ctai tLat it *LaII l^ lawful f'yr tl**^ 4^ftiiy
iimcftaacu as vtmr ¥at►iI^^5i .n m^^rUi^z*^ to a/id t/yj^ilj^ir. wh^^e^irr tli*fV i»l^ll
tkirfc k fif IT runty, aty two or u.c-re [ari'^Le-^ or tyUjiuip^, or t/> a/W any
tico of tho
meoting fbr
hearing up*
peaU.
Copien of liittii
to be returned
to the deputy
lieutonantM.
Deputy H«nt-
tcn«utM may
Uhuc ordent
for the atten-
dance of con-
itablen, &c.,
and if any
Khali neglect
to app<*ttr, or
if any chief
conftablef ke.
fball neglect
to return ItftNf
or f hall be
guilty of fraud,
partiality, or
ne^^lecty be
fihall be com'
mittedto
gaoly or fined.
Two jtmtken
may appoint
depotiei to
QualurmiSr/r
earryiog tlii«
Aet into exe^
86 42 George IIL c 90. A-D. 1801-2.
together^dthe parochial place or places to any parish or parishes^ tything or tythings adjom-
^S acuoge- ^^S thereto, for the purposes of this Act ; and also to add together the lists of
ther a? if they g^jch parishes, ty things, and places aforesaid, so as to make the choice of militia
cersof thesame nien by ballot within every such subdivision as equal and impartial as pes-
P^^' *^f • ^^^^^ » ^^^ where any parishes, tythings, and places so added together shall lid .
the parish in different hundreds^ rapes, lathes, wapentakes, or other divisions within the
fhe*order^of"^ same county, riding, or place, to direct in what hundred, rape, lathe, wapen-
the deputy take, or other division the same shall be considered for the purposes of this
lieutenants. ^^^ . ^^^ ^j^^ g^j j deputy lieutenants shall proceed upon the lists so added
together, in like manner as if they had been originally returned for one pariah,
or for the parish to which any extra-parochial place ^hall have been added as
aforesaid ; and the constables, ty thingmen, headboroughs, or other officers of
« parishes, tythings, and places so added together, shall act together in the i
execution of this Act as if they were respectively officers of one and the same
parish or tything ; and all such constables, tythingmen, headboroughs, and
officers so as aforesaid acting together by virtue of this Act, shall hold their
meetings under this Act in the parish or tything which shall be named fint
Deputy lieu- in such order of deputy lieutenants ; and if any difference or disMreement
tenants to hear . .
and determine shaU arise betweeii the officers of any parish, tything, or place, or between ttl
disagreements officers of different parishes or tythings, touching the execution of this td^
officers. the deputy lieutenants acting in and for the subdivision where such differaaa
or disagreement shall happen shall at any subdivision meeting and they aie
hereby authorized to hear and determine the same, and make such ordef
therein for the better execution of this Act as to them shall seem meet ; and
such orders shall be final and conclusiva
Act to extend XXXV. And be it further enacted, that the several clauses, provisions,
to extra-paro- . !• • ^ /. • • j
chiai places regulations, penalties, forfeitures, matters, and things in this Act contained, ,
"bh^ Mid*' ^^^^ ^ construed to extend to every extra-parochial place added to any parish
where no con- or tything for the purposes of this Act, as fully as if the said directions and
sSre^^TOcr^ provisions had severally and respectively been expressly applied to extra-
places are ap- parochial places, and where there shall be any extra-parochial place or other
offio^ofthe V^^ wherein no constables, tythingmen, headboroughs, or overseers of the
parish may act. poor have been or are appointed, or act, the respective constables, tythingmen,
headboroughs, or overseers of the poor of the parish or parishes, or tything or
tythings respectively, to which such extra-parochial or other place shall have
been added by the deputy lieutenants as aforesaid, may and shall act as
constables, tythingmen, headboroughs, or overseers of the poor respectively for
such extra-parochial or other place in the execution of this Act, and may and
shall do, perform, and execute all such acts, matters, and things therein,
relating to the execution of this Act, as fully and amply, and with all such
and the like powers in every respect, as if such extra-parochial or other place
Rates made was within and made part of such parish or tything : Provided always, that u
Si'd^x^*^ any rate or rates shall be to be made for any parish or parishes, or tything or
parochial place tythings, and any such extra-parochial or other place jointly, such rate or rates
i^^stincSiy ^^^^ ^ distinctly made for the purpose of this Act, and for no other purpose
made for the whatever : Provided also, that every such separate rate shaU and may be made,
Act, and shall raised, and levied, as well in such extra-parochial or other place, as in a^X
he levied as guch parish or tything aforesaid, in like manner as any rate made for the
the poor rates, i« o /. .1 ^ o / ^
relief of the poor.
AJ>. 1801-2.
42 Geobge III. c. 90.
87
fnrj
AxD be it foriher enacted, that it shall be lawfxd for his Majesty's
and they are hereby required, on or before the twenty-fifth day of June
i^ba hundred and fiye» and afterwards from time to time at the expira-
lioB af enrj soeeeeding period of ten years as aforesaid, to take into considera-
lioa the D^ber of men fit and liable to serve in the nulitia in each county, riding, and
phee leqakcd faj this Act to raise militia, and forthwith to ascertain, settle, and fix
Ab Bonber of militift men who shall for the next succeeding ten years serve for each
eomty, rifing, and place aforesaid, as near as may be by the proportion that the
■■bcrof meafitaiidHable to serve in each county, riding; and place shall bear to
Ihe vhole nouiber of militia mea by this Act directed to be raised, and shall thereupon
tnoBBiit ihe numbers so fixed and settled as aforesaid to the respective lieutenants of
Ihe coontiH% ridings, and places aforesaid, and shall cause notice of the same to be
Uee prii^d in the London Gazette. {Bep., 23 & 24: Vict. c. 120. s. 26.J
• ••••••••
^J- AxD be it further enacted, that the deputy lieutenants assembled at their said
neoBd meeting ^thin any subdivision as aforesaid, shall appoint what number of men
ibil lerre for emch parish, tything, and place within such subdivision, in proportion
to the Dimiber last appointed, in the manner herein-before directed, at a general
aoetiig, to serve for each hundred, rape, lathe, wapentake, or other division ; and
dan ippoint another meeting to be holden within three weeks from the day on which
ndi aeetiBg was holden vnUiin the same subdivision, and shall issue out an order to
tedoef eoDstaUe or other officers of the respective hundreds, rapes, lathes, wapen-
tdDO, or other divisions, requiring them to give notice to the constable, tythingman,
keftorough, or other officer of every parish, tything, or place vrithin their respective
^nMs, rapes^ lathes, wapentakes, or other divisions, of the number of men so
ippntelto serve for such parish, tything, or place, and of the time and place of the
Mxt flibfinsioii meeting ; and tiie said deputy lieutenants, or any two or more of
diaB,ieeabled. in pursuance of such appointments, shall cause the number of men
tffoiakd to serve as aforesaid to be chosen by ballot out of the list returned for every
fii^ tfthingy or place aforesaid, and shall appoint another meeting to be holden
nt&a three weeks in the same subdivision, and shall issue out an order to the chief
obaU^ or other officers of the respective hundreds, rapes, lathes, wapentakes, or
other dhisionsy to direct the constable, tythingman, headborough, or other officer of
e^ pnisfa, tything, or place, to give notice to every man so chosen to serve in the
BiGtia to appear at snch meeting, which notice shall be^ given or left at his place
tf abode at least seven days before such meeting ; and such constable, tythingman,
kidboroagh, or other officer, shall attend such meeting and make such return upon
Mth of the days when such notice was served ; and every person so chosen by baJlot
dttflnpon such notice appear at such meeting, and if on examination found able fmd
it for the service, and approved of in manner herein-afler directed, shall then and
thePB take the following oath ; (that is to say),
The Privy
Council, by
Jane 25, 1805,
and afterwards
every 10 years,
shall fix the
quota of men
to serve for
each place, and
shall transmit
the numbers
to the lien-
tenants, and
publish the
same in
the London
Grazette.
At the second
subdivision
meeting, the
deputy Heu-
tenantB shall
appoint the
number of men
to serve for
each parish,
Sec., and shall
order notice to
be given there-
of, and of the
next meeting,
and shall cause
the number to
beballotted
for, &c.
And ev&j sach person shall be then and there enrolled (in a roll to be then and there
prepared for that purpose), to serve in the militia of such county, riding, or place, as a
prirate miHtia man, for the space of five years : Provided always, that if any person so
diosen by ballot shall produce for his substitute a man of the same county, riding, or place,
or of scMne adjoining parish or place, whether in the same county or riding or not, able
and fit for service, who shall have not more than one child bom in wedlock, and who
diall be examined and approved in manner herein-after directed, such substitute so
produced and approved shall be enrolled to serve in the militia of such county, riding,
. or place, as a private militia man, for the space of five years, and also for such further
time as the militia shall remain embodied, if within the space of five years his Majesty
sfaall Older and direct the militia for which such man is enrolled to be drawn out and
embodied as herein-after provided ; and such substitute shall take the following oath :
Peracma chosen
by baUot shall
be enrolled to
serve for five
years, but
may produce
substitutes,
who, if ap-
proved, shall
be enrolled.
And uiy person so chosen by ballot^ for whom such substitute shall have been so
produced, approved, enrolled and sworn as aforesaid, shall be exempt from service in
the militia in the same manner as if he himself had served according to the directions
of ihig Act. {So much of this Act as prescribes the form of oath to be taken by
persons ballotted, and by substitutes raised under this Act, rep.^ 51 Geo. 3. c. 118. s. 2.
P'-
•i
88
42 Oeobge III. c. 90.
A.D. 1801-2.
\
tti
Voluntecre
maj be re-
ceived with the
consent of the
inhabitants of
any place, and
a rate esta-
blished for
paying them
bounties, not
exceeding 6/.
each.
Persons who
have served by
themselves or
substitutes not
liable to the
rate.
Appeal against
rate.
Certain persons
exempt from
service.
This section, except so much as prescribes the form of oath to be taken by men raised
by ballot, is rep., 23 & 24 Vict. c. 120. s. 26. J
JXLII.»J And be it further enacted, that if the churchwardens or overseers
of the poor of any parish, tything, or place, shall, with the consent of the
inhabitants taken at a vestry or at any other meeting to be holden for that
purpose, for the calling of which vestry or meeting three days publick notice
shall be given, specifying the cause of calling such vestry or meeting, provide
and produce to the said deputy lieutenants, or any two or more of them, at any
subdivision meeting for choosing the militia men by ballot, any volunteer or
volunteers, who shall be examined and approved as is herein-after mentioned,
such volunteer or volunteers so examined and approved shall be then and
there sworn in and enrolled to serve for such term, and on the same conditions,
as is herein-before provided in case of substitutes produced by persons chosen
by ballot ; and the said deputy lieutenants shall cause only such number of
persons to be chosen by ballot out of the list returned for such parish, tything,
or place, as shall be then wanted to make up the whole number to serve for
such parish, tything, or place ; and if any such churchwardens or overseers
shall give to such volunteer or volunteers any sum or sums of money, not
exceeding six pounds each, to serve in the militia for such parish, tything, or
place, it shall be lawful for such churchwardens or overseers to make a rite
upon the inhabitants of such parish, tything, or place, according to the rate
then made for the relief of the poor, which rate (being approved by any justice
of the peace) it shall be lawful for such churchwardens or overseers to collect,
and to reimburse themselves such sum or sums of money as they shall have
paid to such volimteer or volunteers as aforesaid, and the overplus (if any)
shall be applied as part of the poors rate ; and if any person shall refuse to pay
such rate, it shall be lawful for any justice of the peace, upon complaint
thereof made by any such churchwarden or overseer, by warrant under his
hand and seal to levy the same by distress and sale of the offenders goods and
chattels, returning the overplus (if any) after the said rate and the charges of
such distress and sale shall be paid ; but no person chosen by ballot who shall
have served in the militia either by himself or by substitute according to the
directions of this Act or any other Act or Acts, or who shall be then serving
himself or by substitute, shall be liable to pay any such rate : Provided always,
that if any person shall think himself aggrieved by any such rate as aforesaid,
such person may appeal to the next general or quarter sessions, in like manner
as is provided in the case of appeals against rates for the relief of the poor.
XLIII. And be it further enacted, that no peer of this realm, nor any person
being a commissioned officer in his Majesty's other forces or in any one of his
Majesty's castles or forts, nor any officer on the half pay of the navy, army, or
marines, nor any non-conunissioned officer or private man serving in any of
his Majesty's other forces, nor any commissioned officer serving or who has
served four years in the militia, nor any person being a resident member of
either of the universities, nor any clergyman, nor any teachei-s licensed within the
county, riding, or place to teach in some separate congregation, whose place of meeting
shall have heen duly registered within twelve months previous to the general meeting
appointed to meet in October for the purposes of this Act {Rep., Stat. Law Rev. Act,
I* So much of this Act as prescribes the form of oath to be taken by volunteers
raised under this Act, rep., 51 Geo. 3. c. 118. s. 2. J
A.D. 1801-2.
42 Geobge III. c. 90.
89
1872.2, nor any constable or other peace officer, nor any articled clerk, appren-
tice, seaman, or seafaring man, nor any person mustered, trained, or doing duty
or employed in any of liis Majesty^s docks or dock yards for the service thereof,
or employed and mustered in his Majesty^s service in the Tower of London,
Woolwich Warren, the several gun wharfs at Portsmouth, or at the several
powder mills, powder magazines, or other storehouses belonging to his Majesty,
vnder the direction of the board of ordnance, nor any person being free of the
company of watermen of the river Thames, nor any poor man who has more
than one child bom in wedlock, shall be liable to serve personally or provide
a snbstitate to serve in the militia ; and no person having served personally or
by sobstitute according to the directions of any former Act or Acts relating to
the nuUtia or under this Act shall be obliged to serve again, until by rotation
it shall come to his turn ; but no person who has served only as a substitute
or volunteer in the militia shall by such service be exempted from serving
again, if he shall be chosen by ballot
• ••••**••
ILYL Akd be it further enacted, that if the list of any parish, tything, or
place 8hail be lost 'or destroyed, it shall be lawful for the said deputy lieutenants,
or any two or more of them, to cause a new list in such parish, tytiiing, or place
iok made and returned to them at their next subdivision meeting, in the
wnemumer as the list lost or destroyed was made and ought to have been
reUmedto them by direction of the general meeting.
XLYE And be it further enacted, that every person chosen by ballot to
Mrre in the militia shall be liable to such service, although he may have
raDOTied from the place where his name was inserted in the list, provided he
WIS residing in such place at the time when the list was according to the
d[inction8 of this Act prepared ; and every person liable to serve in the militia,
kiTing more than one place of residence, shall serve for the county, riding, or
^mx, where his name shall have been first inserted in such list as aforesaid,
and the derk to the subdivision meeting to which such list shall be returned
ahall,if such person requires the same, grant a certificate gratis imder his hand
that mAi person's name was inserted in such list, and specifying the time when
racli list was made and returned
2LYIII. And be it further enacted, that where any pariah shall lie in two
or more counties or ridings, the inhabitants of such parish shall serve in the
militia of the county or riding wherein the church belonging to such parish is
stnated ; and that such parish shall for all the purposes of this Act be deemed
part of such county or riding.
XLJX. Provided always, and be it further enacted, that if any two or more
deputy lieutenants shall at any of their subdivision meetings receive informa-
tion or shall suspect that any person whose name is inserted in any list, and
described as an apprentice, has been fraudulently bound apprentice in order
to avoid serving in the militia, it shall be lawful for them to make inquiry
thereof, and to summon such persons as they shall think necessary to appear
before them at such time and place as they shall appoint, and to examine
9uch persons upon oath ; and in case it shall appear that such binding was
fraudulent in order to avoid serving in the militia, it shall be lawful for such
deputy lieutenants to appoint such person so fraudulently bound apprentice
to serve as a militia man for the parish, tything, or place for which such list
Penons who
have serred
not liable to
serve again tiU
their turns
come, bat sab-
stitates or
volunteers if
chosen by bal-
lot shall serve.
New lists shall
be made out if
any are lost
Persons chosen
shall serve
though they
remove, and
those having
more than one
residence shall
serve where
their names
were first in-
serted in the
list.
Parish in more
than one county
to be deemed
in county in
which the
parish church
is situate.
Persons frau-
dulently bound
apprentice shall
be liable to
serve, and the
master shall
forfeit 10/.
90
42 Qbosoe IIL c. 90.
A.I). 1801-2.
•:•
.■;•
I
„ f
Two deputy
lieutenants •
may jprovide
substitutes for
Quakers, and
may levy the
expences by
distress, &c.
Quakers may
complain to
the deputy
lieutenants.
Justices may
order payment
of costs for
levying by
distress^ where
Quakers refuse
to pay the rates
for providing
volunteers.
No person to
be deemed a
Quaker, unless
he shall pro-
duce a certifi-
cate of his
being of that
persuasion.
Deputy lieu-
tenants to class
the men en-
shall have been returned, if iihere shall be a vacancy, and if there shall be no
vacancy at that time, then upon the first vacancy that, shall happen ; and the
person to whom such apprentice shall have been so bound shall for such
offence forfeit and pay the sum of ten .pounds.
|L.*I And be it further enacted, that if any person being one of the people
called Quakers shall be chosen by ballot to serve in the militia, and shall
refuse or neglect to appear and to take the oath and serve in the militia, or
to provide a substitute of the same county, riding, or place, or of some
adjoining parish or place, to be examined and approve<][ as herein-after
directed, who shall take the said oath and subscribe his consent to serve as
the substitute of such Quaker, then and in every such case any two or more
deputy lieutenants shall, if they shall think proper, upon as reasonable terms
as may be, provide and hire a fit person of the same county, riding, or place,
or of some adjoining parish or place, to serve as a substitute for such Quaker;
and such substitute shall, after being duly examined and approved, take the
said oath and subscribe his consent to serve in the miUtia, for the same term
and on the same conditions as is herein-before directed in the case of substi-
tutes produced by persons chosen by ballot ; and any two or mote depaif
lieutenants may and are hereby authorized, by warrant under their hands aod
seals, to levy by distress and sale of the goods ^d chattels of such Quaker
such sum of money as shall be necessary to defray the expence of providing
and hiring such substitute, rendering to such Quaker the overplus (if any)
after deducting the charges of such distress and sale ;...«.,,..
and in case any measures shall be used in making distress as aforesaid which
may be by any such Quaker thought oppressive, it shall be lawful for such
Quaker to complain to the deputy lieutenants at their next meeting, who are
hereby empowered and required to hear and finally determine the same.
LI. And be it farther enacted, that where any rate shall have been made
for the providing of volunteers according to the directions of this Act, and the
churchwardens and overseers shall make complaint to a justice of the peace,
that any Quaker or Quakers had refused to pay the sum or sums of money he
or they shall be rated at, such justice shall order such costs and charges to be
paid for levying such distress as he shall think reasonable, not exceeding ten
shillings on each of the said Quakers where there are no more than two, and
where there are a greater number than two, not exceeding five shillings on
each of the said Quakers : Provided always, that no man shall be deemed,
taken and accepted to be a Quaker within the meaning of this Act, unless
he shall produce before the deputy lieutenants at some of their subdivision
meetings a certificate under the hands of two or more reputable housekeepers,
being of the people called Quakers, resident within the said county, riding, or
place, and dated within the three months immediately preceding the day on
which it shall be produced as aforesaid, acknowledging such man to be one of
their persuasion.
LIV. And be it further enacted, that the deputy lieutenants in their
several subdivisions shall, as soon as they shall have enrolled the number of
J* So much of this Act as prescribes tlio form of oath to be taken by substilutej
raised under this Act, rep., 51 Geo. 3. c. 118. s. 2,\
A.D. 1801*2.
43 Qeobgs III. c. 90.
91
man required in their subdivision^ divide the men so enrolled into as many
ehfises of the desoription herein-after mentioned as shall be foimd among
9Qdk men ; that is to say, in the first (dass they shall put all the men under
thirty years of age and having no child or children living ; and in the second
daas all the men above thirty years of age having no child or children living ;
and in the third class all the men not having any child or children living under
the age of fourteen years ; and in the fourth class, all the men having any
chiM or children^ one of whom only shall be under the age of fourteen years ;
and in the last class, all the men not included in any of the former descrip^
tioQs ; and shall forthwith make out a list of such classes, according to the
fonn in the schedule .to this Act annexed marked (E.) ; and within three
dftys after the completing thereof the dark of such subdivision meeting shall
faBDsmit to the clerk to the general meetings an exact and true copy of such
liflt^made out in su(^ form as aforesaid^ to be by him entered in a book to be
kept for that purpose.
LY.'And be it further ehacted| that whenever any militia man after having
leenswom and enrolled shall become unfit for service, it shall be lawful for the
eolonel or other commandant of the regiment, battalion, or corps, to which such
nufitia man shall belong, together with any two or more deputy lieutenants of
tkoooniy, riding or place to which such regiment, battalion, or corps belongs,
il ibe said regiment> battalion, or corps shall then be within the said county,
nfifig^w place, or for the colonel or other commandant only, if the said regi-
ment^ battalion, or corps shall be absent therefrom, to discharge such militia
ffliflfiiHa his regiment, battalion, or corps ; but another man shall not be bal-
lot for in the room of such militia man so discharged, until such discharge
sUI be oonfirmed under the hands of two or more deputy lieutenants of the
txmij, riding, or place to which such regiment, battalion, or corps belongs,
MKmbled at any meeting in the subdivision for which such militia man was
eDnoIled, or at any general meeting for the coimty, riding, or plaice as aforesaid.
rolled, and
make out a list
in the fonn in
8chedale(E.),a
copy of which
the clerk of the
suhdivision
f hall transmit
to the clerk
to the general
meetings to
be entered in
a book.
Men becoming
unfit to serve
may be dis-
charged, but
the dischai^e,
if made by the
commanding
officer only,
must be con-
firmed by two
deputy lieu-
tenants before
others are bal-
lotted for.
XTIL And be it farther 'enacted, that whenever any private militia man
abaU be appointed a non-commissioned officer or drummer in any regiment,
iiattalion, or corps of militia, in the room of any non-commissioned officer or
drummer reduced to the ranks, no ballot shall take place in the parish or place
for which such private man so appointed was then serving in consequence of
any vacancy occasioned by such appointment, until the non-commissioned
officer or drummer so reduced shall have obtained his discharge.
LVllL And be it further enacted, that where in any regiment, battalion
or corps of militia, in which any private man shall be appointed a serjeant,
corporal, or drummer, in consequence of any vacancy occasioned by the death
or discharge of any non-commissioned officer or drummer, the parish or place
for which such private militia man was then serving shall find and provide
another man in his stead, it shall be lawfid for any two deputy lieutenants
addng for the subdivision wherein such parish or place shall be situate to
certify the same to the justices of the peace assembled at the next general or
quarter sessions of the peace held for the same county, riding, or place, and
the said justices shall at such sessions order a sum of money, not exceeding
the average price paid for a substitute or volunteer in such pai'ish or place,
or any adjoining parish or place, to be paid out of the county rates to the
No ballot to re-
place a private
appointed a
non-commis-
sioned officer,
&c. in the room
of one reduced
to the ranks,
until discharge
of the latter.
Where a man
is provided in
the room of
one appointed
a Serjeant, &c.,
the quarter
sessions may
order a sum to
be paM out of
the county
rates in aid of
the poors rates
of the place.
92
42 Oeobqe III. c 90.
A-D. 1801-2.
churchwardens and overseers of the poor of the parish or place which shall
find and provide another man as aforesaid, whether such man shall serve
personally or by substitute, and to be applied in aid of ike poors rates in such
parish or placa
The enrolment
pi servants
shall not vacate
their contracts
with their mas-
ten, unless the
militia shall be
embodied, &c. ;
I*
bnt wages shall
be abated for
absence ;
and if any*
dispute shall
arise touching
wages under
SoT a justice
may settle it,
and may grant
a warrant for
levying by dis-
tress the money
ordered to be
paid if not paid.
h* '
Substitutes or
volunteers
receiving
bounty, who
do not appear
to be sworn,
shall return the
bounty, and
be liable to
penalty.
LXL And be it further enacted, that if any servant whatever, hired by the
year or otherwise, shall be enrolled as a militia man by virtue of this Act,
such inrolment shall not vacate or rescind the contract or alter the engage-
ment between such servant and his master or mistress, or employer or
employers, unless the militia of the county, riding, or place for which such
servant shall be enrolled shall be embodied or called out by his Majesty, or
ordered so to be in pursuance of this Act, or unless such person so enrolled
shall leave the service of his master, mistress, or employer or employers, for
the purpose of being trained and exercised, for the space of twenty-one days,
in pursuance of this Act, and shall not return again to the same service at the
end of such twenty-one days, or as soon after as reasonably may be, allowing
to his master, mistress, or employer or employers^ an abatement from his
wages in proportion to the duration of his absence from his said service, to be
settled by a justice of the peace in the manner herein-after mentioned ; and
in every such case, where any dispute shall arise between such servant and his
master or mistress, or employer or employers, touching any sum or sums of
money due to such servant for or on account of his service performed before
the time of his departure from service under the conditions of the said inrol-
ment, or by being called out to join the militia in which he shall have been
so enrolled, or touching any abatement to be made by such servant by reason
of his absence for the purpose of being trained and exercised, it shall and
may be lawful, on complaint made thereof to any justice of the peace for
the county, riding, city, liberty, town corporate, or place, where such master
or mistress, or employer or employers shall inhabit, for such justice to hear
and determine every such complaint, and to examine upon oath every such
servant or any other witness or witnesses touching the same, and to make
such order for the payment of so much wages to such servant in proportion to
the service he has performed, or such abatement from his wages in proportion
to the duration of his absence from his service, as the case may require and
as to such justice shall seem just and reasonat)le, provided the sum in question
do not exceed the sum of twenty pounds; and in case of refusal or non-
payment of any sums so ordered to be paid by the space of twenty-one days
next after such determination, such justice may and shall issue forth his
warrant to levy the same by distress and sale of the goods and chattels of
such master or mistress, or employer or employers, rendering the overplus to
the owner or owners after payment of the charges of such distress and sale.
LXII. And be it further enacted, that every person who shall receive
money from any other person to serve as his substitute in the militia, or from
any churchwardens or overseers of the poor to serve as a volunteer as afore-
said, and shall neglect to appear at the usual meeting appointed for swearing
in the militia men, or before some one deputy lieutenant, in order to be sworn
iBWMJording to the directions of this Act, being convicted thereof before any
deputy lieutenant or justice of the peace, shall be obliged to return the money
to the person or persons from whom he received it, and shall forfeit and pay
AJ). 1801-2.
42 QfiORQE IIL a 90.
9a
to audi poBon or persons any sum not exceeding forty ahiUinga nor leaa ih^)
twenty ahillu^gs, at the diManetion of the deputy lieutenant or juHtioe uf the
peace before whom he shall be so convicted ; and if such ofitoder Hhall not
immediatdy return the money so by him received as aforesaid, and likewise
pay the said penalty, he shall be committed to the common gaol or house of
eoneetion for fourteen days, or until the said sum shall be returned. -
LXm And be it further enacted, that if any person chosen by ballot to
serve in tibe militia shall have engaged any other person to serve as his sub-
statute, or if any churchwardens or overseers of the poor shall have engaged
any person to serve as a volunteer as aforesaid, and tJie person so ohoHon by
bsUot or such churchwardens or overseers shall have agi'eed to pay to the
penoQso engaged a certain sum for such service, it shall be lawful for two
deputy lieutenants or any one justice of the peace, when the militia of the
eountj, riding, or place for which such substitute or volunteer shall be euroUe^l
Aall not be embodied, and they and he are and is hereby required, after such
sobBtitate or volunteer has been examined by a surgeon and approved accord-
ing to the directions of this Act, and enrolled by the deputy lieutenants in
ponaaoee thereof, to order such sum of money as shall appear to them or him
to be doe to the substitute or volunteer so engaged to be immediately |>aid to
Unoasoeh enrolment by the person or persons by or for whom he shall Im)
cDfPplto serve as aforesaid ; and in every case where the militia shall Im
eflinfifllat the time of such enrolment, it shall be lawful for the said deputy
Beakointo or justioe to direct any sum not exceeding one half imrt of tim sai/l
natfaoney so oigaged to be given as aforesaid to be paid Up him forthwith,
fftokadvaneed to such povon, or to such of his fiunily, and in such pro|x/r'
tineas he shall request at the time ct soeh his enrobn^, amd the remaining
pntflMxeof to be paid to and received by the d^k of the sul>divisiim m^betjiig,
viiodiall there^qKin forthwiili remit the aame to the paymaster or ljatta)i/4i
dofc of the regiment, battalion, or corps of militia to which sueb sul^titutt^ or
vdnnteer shall be sent as a militia man, to be retained by }iim until sudi
whtitBte or Tohmteer filiall have joined such regiment, tjattaJir/u, or <^/r]i*>, sia^I
been approved at bead quarters as fit to serve, and ihenUj l>e j>aid ^/r aoryHintt^i
fir to BQcli Bubstitate or vohmteer ; and if be shall not j^>in or \jh af^piovyl '/f,
^hok sodh money dball remain in the hands of suieh payiaa^ifter, Uj \je tlU^wHs^h
MfpbeA in like -maankor to the ya,ymeDi of s^.nne c^Jier substitute <jr voJuutt^tr
IB Ben of the one for whom sodb money shall ha\'e been nctrnWA as af'/ieotiid ;
and such depatjr BenteDants or justice bbaJl prooeed ih^r^m Pjr ^siofr/relug iii^
p^iaent of evesy sodi smii of money, in sudb and th^ like msjuii<^ in evi^ry
ropect, and by all sneb and xht like powers and auth^/ritiei), as is and ai«;
diivted by and eontaaned in an Act of the twesnti^ year of tii^ nclf^ </[ Juib
late Jbgeaty, for 'die bet;ber adjusting and more easy recovery of tLe wit^«?^, <A
servanlB. and for the better r&gulatinj^ of such servant^; and <A i^^rUuxi
; and if any sudi subdivisiijsi derk sLall omit or neglect Uj r*iiu'it
such jBonejr within cne we^ afUa- the same shall have be^eti paid Vj Liui a»
a&Bnaid, sodi dexk. dukll fiofeh and pay for ever}- sueL ofl'euoe tut; suuj <A
tweofy poondb.
LXIT. Ahd be it furdi^r vimsusd uiat in eafet auy *jStf>ii la^rjfiftdit or <y^ut)r
pasQO diall al any ^me wiifuLy imc knoa iii^ly tmiust acj\' mati v^ i^rvi: In
lu^ Majesty *b other fartvh who ai liit liuit at' i>ucL eiili.<Ui^' ritial* U; t^u 'i>«/j
Two dopuiy
UtiuttiimiUH or
nJuHtiue limy
(irdur Ui0 .
moiiijy AgrttDd
|u bit givmi Ui
ft lUlliititilttf or
vciliiiitDttr, to jiu
pttid hini on
0iirolm«iit
when tho
uillitift U not
•lohodiud, iiii4,
wlitfii it \$ ism-
\Hidiud, mM
urdtsr tmu Iwlf
to ha {mI4
to him, ftii4
iUu Qihtr Uf
iUu chirk of iUu
mMyiHimt, Uf
)m rtsmiUisd io
tiut pnyuuutUtr
Mid |>«i4 tit tJiii
mtua Oh joioiiJg
iui4 \Mfinif MO-
turovitd ', mti if
ym or \Hi up- \
provted, iUn
WMMiy i»ii«Jl itu
pm4 io th/n yttr-
4KMJ }»r4/vi4«4 >M
lieu *4 Uim.
/i»!
kti^ U/ uh 0«v.
UAHjicy U/ tor-
fcjt :^
94 42 Geobge IIL c 90. A.D. 1801*2.
void, and any or engaged to serve in the militia, every such enlisting shall be deemed nidi
to^nU8t%eny- ^"^^ void; and in case any militia man at the time of oiSering to enlist as
ingthat heiB aforesaid shall deny to the officer, serjeant, or other person recniitiiig for men
militia, or offer- to enlist and serve in his Majesty's other forces, that he is (at the time of his
ing to serve in offering^ to enlist) a militia man then actually enrolled and enmsed to serve
any other regi- o / ^ o^t^
ment of militia, ( which the said officer, serjeant, or other person is hereby required to ask ev^
p^n^^not ™®^ offering to enlist in his Majesty's other forces), or shall offer himaelf to be
Lceeding six enrolled and serve in any other regiment, battaUon, or corps of militia, every
Se'end <rf°Ws* ^^^itia man so offending shall, on conviction thereof upon the oath of one
engagement in witness before any one justice of the peace, be committed to the common gaol
^r^tT o'^ ^^'^ «f correction, there to remain, without bail or mainprise, for and
regiment into durin£r any time not exceedinfi: six months, over and above any penalty or
h"fen,l^ puSment to which such jSu so offending is or shaU be othJ«L liabk;
and every person so offending, from the day on which his engagement to serve
in the militia shall end, and not sooner, shall belong as a soldier to the ooipe
Persons so en- of his Majesty's other forces into which he shaU have been so enlisted ; and if
men^tolforfert ^^Y officer or other person shall enlist any man belonging to the militia to
20/. serve in his Majesty^s other forces, knowing him to belong to the militia, or
without asking him if he belongs to the militia, every such officer, serjeant^ or
other person shall for every such offence forfeit and pay the sum of iweolBj
Soldiers, &b. pounds ; and if any person actually serving in any of his Majesty's other foroes
^tubii\u^^ shall offer himself to serve and be enrolled as a substitute in the militia, every
in the militia to person SO offending shaU forfeit and pay to the person informing of such offence
he imp^oned ^^^ ^^^ ^^ ^^ pounds, or be committed to the common gaol or house of
not exceeding correction for any time not exceeding three months*
three months.
Penalties for LXVL And be it further enacted, that the money arising by penalties
Bm« ^ to find i^c^^^^d for refusing to serve in the militia or to find substitutes to serve in
substitutes their room shall be applied by any two or more deputy lieutenants within
hi provitog ^ their respective subdivisions in providing substitutes for the persons who
them. , have paid such penalties, which substitutes shall be examined, approved, sworn
in and enrolled to serve for the same term, in the same manner, and on the
same conditions as is herein-before provided in the case of substitutes provided
Surplus shall jjy persons chosen by ballot ; and if any surplus shall remain, the same shall
regimental be paid to the colonels or other commandants of the respective regiments,
A^^ f battalions or corps in which such persons ought to have served as militia men,
penalties and and be applied as part of the regimental stock ; and the return of the amount
^^^.P®"^"^ of such penalties, with the names of persons paying the same, shall be transr
be transmitted mitted by the derks of the subdivision meetings to the clerks of the general
tt^lSf*"' meetings,
meetings. LXVII. And be it further enacted, that in all cases in the execution of this
S?"i^?- ^^^' ^^^"^ "^y "^^^^"^ ^"^ ^^^ "^ ^^""^^^ ^ ^ enquired of or examined into
tenants, and upou the oath of any witness or witnesses, before any lieutenant of any county,
m^lo admT ^^ ^'^y deputy lieutenant or lieutenants, or justice or justices of the peaxje,
nister oaths. any such lieutenant, deputy lieutenant or lieutenants, or justice or justices
of the peace, is or are hereby authorized to administer' such oath to any
witness or witnesses ; and that all other oaths to be taken in pursuance of this
Act shall and may be respectively administered by any lieutenant or deputy
lieutenant.
AJD. 1801-2.
42 Oeoboe ill c. 90.
95
LXYin. Am) be it further enacted^ that the militia of the several counties^
ridiBgs and places aforesaid shall be formed into companies, which shall not
eoDsist of more than one hundred and twenty, nor of less than sixty private
men, and that to each of such companies there shall be one captain, and one
lientenant, and one ensign ; and that where the number of men raised for any
oonniy, riding, or place is sufficient, the militia thereof shall be formed into
one or more regiments, consisting of not more than twelve nor of less than
aght such companies ; and where the number of men raised in any county,
n£iig or place is not sufficient to form a regiment, the militia thereof shall be
fofined into a battalion, oonsisting of not more than seven nor of less than
finr such companies; and where the number of men raised in any county,
riding, or place is not sufficient to form a battalion of four such companies, the
militia thereof shall be formed into a corps, consisting of not lees than three
soch companies; and that the field officers of such regiments, battalions and
eorps respectively shall in no case exceed the respective numbers and ranks
{Dikming; (tliat is to say), in every regiment consisting of not less than eight
bimdred private men, one colonel, one lieutenant colonel, and two majors ; in
erery regiment or battalion oonsisting of not less than four hundred and eighty
prWate men, one colonel, one lieutenant colonel, and one major ; and in every
kUlicii consisting of less than four hundred and eighty private men, one
Uenteuikt colonel and one major; and in every corps consisting of three
ei»i(yieB,one lieutenant colonel or major, and no other field officer : Provided
ahnysj&at no colonel or field officer in the militia shall be a captain of a
eonpiDj: Provided also, that every battalion consisting of five companies or
ipaids may have one company of grenadiers or light infantry, to which two
&oteDants sbill be appointed instead of one lieutenant and one ensign ; and
tkai every raiment may have one company of grenadiers and one company
tf liglit infantry, to. each of which companies two lieutenants shall be appointed
itttad of one lieutenant and one ensign : Provided also, that to every com-
pny consisting of ninety private men and upwards there may be two
^oteoants and one ensign, or three lieutenants, as the case may be.
LXIX. Provided always, that if his Majesty shall at any time direct that
<D7 proportion of the said militia shall be trained and exercised to the service
of any artillery that may be attached to any regiment or battalion, it shall and
inay be lawful for his Majesty to direct that a supernumerary officer or officers
of the said regiment or battaJion of such rank as his Majes^ shall order, and
being duly qualified as aforesaid, shall be appointed to and for the said men
80 directed to be trained and exercised as aforesaid.
LXX. And be it further enacted, that in the several counties, ridings, and
places, where the number of militia men shall not be sufficient to form a regi-
ment, battalion, or corps of four companies, according to the intent and
meaning of this Act, the militia of such counties, ridings, and places shall be
formed into independent companies, each company to consist of one hundred
and twenty private men at the most, and sixty private men at the least, with
<me captain, and one lieutenant, and one ensign, to each company ; and that
bis Majesty may, whenever he thinks proper, order any number of such inde-
pendent companies of the militia of different counties, ridings, or places, to be
joined together to form a regiment, battalion, or corps as aforesaid, or to be
uvsorporated with any other regiment, battalion, or corps of militia : Provided
How the r^A-
mentsofmmtia
shall be f onned
and officered.
His Mfjesty
may direct
supenmiiieraTj
offioen to be
appointed to
men trained to
the senrioeof
artiUery.
How inde-
pendent com-
panies shaU be
formed, which
hisBCajestj
may order to
form a corps,
or be incorpo-
rated with any
other corpe.
96
42 George III. c. 90.
A.D. 1801-2.
commajidaDt
of the mili^,
wben there
shaU not be
any other ap-
pointed, bnt
shall only com-
mand one corps
■hall have the
nutk of colonel,
but 8haU Dot
have giea.iei
pay tlian the
proper com-
mandant would
be entitled to.
A Uentenant
colonel who
has been corn-
battalion for
five years wbile
embodied, may
haTB acommii-
eion of colonel.
How the militia
cered, where
the numbers
always, that the number of companies in any such raiment, battalion, or
corps be not thereby made to exceed the number of companies of which a
regiment, battalion or corps of militia is herein-before directed to consist.
• ****«•* «
LXXIL And be it further enacted, that it shall be lawful for the lieutenant
of any county, riding, or place, to act as commandajit of any regiment, batta-
lion, or corps of militia for such county, riding, or place, for and during such
time as there shall not be any colonel or other commandant appointed to such
regiment, battalion or corps ; but no such lieutenant shall at any one time act
as conunandant of more than one body of militia, whether regiment, battaliun
or corps ; and where the lieutenant of any county, riding, or place, shall take
the command of any militia of the said county, riding, or place, not being
according to the proyisiona of this Act sufficient to form a regiment or batU-
lion bo be commanded by a colonel, such lieutenant shall notwitbHtanding be
entitled to the rank of colonel, unless such militia shall be united with tlie
militia of any other county, riding, or place as aforesaid : Provided alwsj^
that no such lieutenant shall, in virtue or by reason of any such coniiiian.l as
aforesaid, receive any greater pay than the proper commandant of such coit'J
would be entitled to.
LXXIIL And be it further enacted, that when a battalion of militia ii
commanded by a lieutenant colonel, who shall have been conunuidant of tli<;
same for five years or longer while embodied, it shall be lawful for the lieu-
tenant of the county, riding, or place, to which such battalion shall belong,
with the approbation of his M^esty, to give to such lieutenant colonel com-
mandant a commission of coloneL
LXXrV. And be it further enacted, that in any county, riding, or place,
where the number of |)rivate men is sufiBcient to form a battalion of less than
four hundred and eighty private men, but not less than three hundred and
sixty private men, it shall he lawful for the lieutenant of such county, riding,
or place, to appoint three persons, qualified according to the directions of this
Act, to serve with the rank of colonel, lieutenant colonel, and major, but witb
no higher pay than if they were appointed lieutenant colonel, major, and caji-
tain respectively ; and where the number of private men shall be sufficient to
form three companies of sixty private men at the least, but not suHicient Ui
form four companies as aforesaid, it shall be lawful for the said lieutenant to
appoint two persons qualified as aforesaid to serve with the rank of lieutenant
colonel and major respectively, but that only one of them shall be entitled to
any higher pay than that of captain ; and where the number of private mihtia
men is not sufficient to form more than two companies of sixty private men at
the least, the eldest captain shall serve with the rank of major, but ahall only
be entiUed to the pay of captain.
LXXV, And be it further enacted, that every officer of any militia regiment,
battalion, or corps, being duly qualified, who may have accepted or shall accept
a commission or appointment of the same rank in any other militia regiment,
battalion, or corps, and shall thereby vacate his former commission, shaU
continue to rank in the general service according to the date of his commission
or appointment of the same rank in the militia, so vacated as aforesaid.
LXXVI. And be it further enacted, that when any colonel or other com-
mandant of any regiment, battalion, or corps of militia shall be absent ftom
LD. 1801-2.
42 Qeobge III. c 90.
97
Great Britain, and tintil he shall return to Great Britain, and shall have
notified his arrival to the clerk of the peace of the county, riding, or place to
which such raiment, battalion, or corps shall belong, and to the commanding
officer and adjutant thereof, it shall be lawful for his Majesty, by warrant
under his sign manual, to direct and order that the officer next in command,
who ahall be residing in Great Britain, shall in all cases act and serve as the
eommandant of such regiment, battalion, or corps ; and all powers and autho-
rities which might have been exercised by such colonel or other commandant
so absent as aforesaid, while resident in Great Britain, shall be vested in and
exercised by the officer next in command in such regiment, battalion, or corps,
who shall be resident in Great Britain ; and from and after issuing the said
wamnt as aforesaid, all matters and things which ought to be transacted and
done by any other person or persons with such colonel or other commandant
idiilat resident in Great Britain, shall be transacted and done during the time
ftfnesaid with such officer so next in command as aforesaid, who shall be
resi^Dg in Great Britain ; and all money directed to be issued or paid to or
to the order of such colonel or other commandant for the use of such regiment,
hattalion, or corps shall be issued and paid to or to the order of such officer
next in command as aforesaid ; and all acts, matters, and things, done by and
nith snch officer so next in command as aforesaid, during the time aforesaid,
irtodi in or shall be authorized or required to be done by or with such colonel
or qIQms oommandant when in Great Britain, shall be good and valid as if
doittliyonrith such colonel or other commandant; and during the absence
fivMB Gteti Britain of the colonel or other commandant of such regiment,
hiti&n or corps, and until he shall return to Great Britain and notify his
inffil as 'aforesaid, the officer next in command in such regiment, battalion,
or oiapB, who shall be residing in Great Britain, shall appoint the regimental
or battalion derk and agent to such regiment, battalion, or corps, in the same
aamier as snch colonel or other commandant might have done, and shall take
aetarity firom such agent, and shall be and is hereby made subject and liable
to make good all deficiencies that may happen from the said agent or from
Umself upon account of the pay, clothing, or public stock of such regiment,
battalion, or corps : Provided always, that such officer so next in command as
afcHBsaid, who shall assume the powers so given to him as aforesaid, in con-
aequenoe of the absence firom Great Britain of his colonel or other eommandant,
shall, within seven days after he shall assume any such powers, notify the
ahaenee fitnn Great Britain of such colonel or other commandant to the lieu-
tenant of the county, riding, or place, and also, when the raiment, battalion,
Qt corps shall be in actual service, to the secretaiy at war : Provided also,
that if any such colonel or other commandant as aforesaid shall have given
any orders for doathing or other necessaries, or for accoutrements, which
oi^t to be provided in due course or in pursuance of any order by proper
authority at the time when such order shall be given, for the use of his regi-
ment^ battalion, or corps, and if before such orders shall be completed, or after
the same, shall be completed and before the money shall be issued for the
same, such eohmel <v other commandant shall leave Great Britain, the orders
80 given by such colonel or other commandant shall nevertheless be completed
and Ae money to be issued in respect thereof shall be paid to the order of
such colonel or other commandant^ notwithstanding his absence from Great
vol* nr. a
bo absent from
Great Britain,
his Majesty
may direct the
officer next in
command to
act, who shall
be vested with
the powers of
the command-
ant till the
commandant
shaU retam
and notify his
arriTaL
The officer
next in com-
mand shall,
within seyen
days afUrr
assnmto^ the
covnmaod,
notify th« ab-
sence of the
commaodaat to
the lieutenant,
and wheoin
actual serfiee
to the secretaiy'
at war.
Ordcfs ^iTcn
by a coB^
Bwniiiapl for
elmhiny Of
shall be eom-
pleted^and the
money paki
to his order.
98 42 Gbobqe III. c 90. AJ). 1801-2.
though he niaj Britain as aforesaid ; and in like manner if any officer so next in. command as
Britain MM aforesaid shall, in consequence of the absence from Great Britain of his colonel
shall the orders or other commandant, and under the authorities given to him as aforesaid,
^^r next in &^^ ^^7 Orders for cloathing or other necessaries, or for accoutrements, which
coimnand ought to be provided in due course or in pursuance of any order by proper
abs^oe of the authority at the time when such orders shall be given, for the use of hia
commandant, regiment, battalion, or corps, and before such orders shall be completed, or
reti^ after the same shall be completed aod before the money which ought to be
issued shall be issued for the same^ the colonel or other commandant shall
return to Great Britain and notify his arrival as aforesaid, the orders so given
by such officer so next in command as aforesaid shall be completed, and the
money to be issued in respect thereof shall be paid to the order of such offioer,
notwithstanding the return of such colonel or other commandant 9» aforesaid.
His Majesty LXXYII. And be it farther enacted, that his Majesty may and shall appoini
as^^nte* ^^® proper person, who shaU have served in some of his Majesty's other forcts
officers who or in the militia while embodied, for the term of five years at the least, to be
five^eam^ an adjutant to each regiment, battalion, and corps of militia ; and such adja^
the army or tant, if appointed out of his Majesty's other forces, shall during his service in
nSitia, who, if ^^ militia preserve his rank in the army in the same manner as if he U
in the army, continued in that service ; and it shall be lawful for the lieutenant of ny
their rank? county, riding, or place, on the recommendation of the colonel or other coa?
mandant of any regiment, battalion, or corps of militia, raised within saoh
county, riding, or place, to appoint the adjutant of such regiment, battalion, or
corps, to serve with the rank of captain, provided such adjutant shall have
served five years in the militia while embodied, or in his Majesty's other
forces, ♦ : Provided always, that no such appointment
to the rank of captain shall be valid, unless in the instrument granting tlie
same it be specified in what regiment, battalion, or corps of the militia^ while
embodied, or of his Majesty's other forces, such adjutant hath served, and what
Adjutants may was or were the date or dates of his commission or commissions : Provided'
as captsdns, <^> ^^^ ^^ adjutant SO appointed to serve with the rank of captain shall bj
hat not ahove virtue of the date of such appointment as aforesaid or otherwise be entitled
compania, ^ rank above or to command any captain of a company in the militia : Pro*
h^^ ^^^id ^ vided also, that no such adjutant shall, by reason of any such appointment aa
to higher pay aforesaid, be entitled to receive any greater or other pay than that of adjutant
than that of LXXVIIL And be it further enacted, that in every case where the number
adjutant. , •' «» • a *
To corps of not ^^ private militia men raised in any county, riding, or place, is sufficient to
less than two form a regiment, battalion, or corps of militia, consisting of not less than two
S!^mer«tch companies of sixty private men each at the least, it shall be lawful for the
a surgeon may lieutenant of such county, riding, or place, with the approbation of his Majestfi
^^^ to appoint one fit and proper person, who shall have passed an examination at
Surgeon's Hall, and received his certificate accordingly, to be surgeon of such
regiment, battalion, or corps ; and every such appointment shall recite the
certificate of the person so appointed, and an attested copy thereof shall be
transmitted to and filed with the clerk of the general meetings ;
Surgeons, when .... and every such surgeon SO appointed as aforesaid shall, during the
^iSS to ^^^ ^^ ^^ ^'^^^^ ^ ^*^^ ^® ^''^ ^^^ ^"^ embodied, receive the pay
receive the pay and allowance of a surgeon of infantry in his Majesty's other forces, and w
of siuj^eons of subject to the like rules, restrictions, and directions in every respect, as far ^
LD. 1801-t
42 Oeorqe III c. 90.
nj)
the flune may be applicable ; and no such surgeon shall bo eapablo of hoMing
any other caminimion in such militia, or of receiving any |)ay in roHp(H)t of any
other oommiasion in such militia, during the time of his being such surgeon as
afijresaid.
J'XXix And be it further enacted, that in every case whore tho numlwr of
pnmte militia men raised in any county, riding, or place, is sufficient to fortii
a regiment or battalion, consisting.of .not less, than three hundred and Hixty
private men, it shall be la^rfol for the colonel of such regiment or battalion,
with the approbation of his Majesty, to appoint one fit and proj)cr porHon who
ki sored in his Majesty^s other forces, or in the embodied militia, to bo tlio
<|iaiter master of any such regiment or battalion respectively ; and it shall Ih)
hwfiil fir the Heutenant of the county, riding, or place for which such n;gi-
Mflt or battalion shall belong, on the recommendation of the colrmel thanuiff
l>a{^Miiii socb quarter master to serve with the rank of lieutenant or ensign,
: Provided always, that such quarter master shall tifti
keipaUe of holding any commission or receiving any pay in resfK^ <ff any
in any company in the militia, during the time of his lieing stich
as afm^esaid.
Liu. Astd be it farther enaeted, that the colonel or other commandant fff
fniTRgiBent, battalion, or corps of militia, consisting of nr/t less than thr^'^r
taafm^ when such raiment, battalion, or corps is nrji in actual sfrrvicf;, may
mtmi re^gimental or battalion derk, who shall execute the ^fffkti #/f f^ay^
Mttff. kt ^where the number of private men shall not be sufficient i/f ftmn
theflapanies of sixty private men at Uie least, no clerk shall Ut nXhrntA,
htieieeexrer general of the land tax, and all other pervjns Tfvi[muA }fy iihi.«i
JateiEHxt or pay any money to any r^imental or battalirm ekrk, in u:s'Y:0iI
if tieaSfcia or on bdialf of ai^ men serving, shaU remit ao^l fjay all u^mu^
t>l)e]ial in respect of such er^mpany or eompanie^ or ^>n. fj^;liajf of any u^sai,
efi^ Aioda to the commanding officer thereof, which cfjrsaMUBfiinff ^Afief^
U MBuuat ibr the same in like manner in ereiy rhffiteet as a r^m^ntai />r
tnfUtitrv. U\i
hoi u% mU\ liny
•loll.
In (HirpH 04 m.
•Ullritf of iui(
Ipm ttiMii nnii
privfit4tfi, n
(|uiirl(ir miMit(<r
ttiiiy \w ii)f
|H)ltll(Ml, wttit
itmll rniik fiM h
MihniU'ni, iMtt
ubiill fiof liiild
Mty lumt
Utt *}»* m*rt**'j
LXXXL ASD be it farther enacted, that no adjrita&t, ^sr^'^jfr^, fr^^jaenrsd f^t T^ ^, v^tnr,
or *:t^zarter mai^iu^ in tL^ mLIr^ut. %ftA*. \^, fMOi^r,-,^^ // ^- '^' ^ *^
A a ffjCMiMMy, Bfor ^haii any p^^rv^n }^.u/,t»</ nr./^ ^^,vr -z ♦ -'Amvot-;
ecAnr^j h^ «pa>.i. fA Wt« apf^.inf^r a.:, -.'^•^>. T/Zvl^"'
haBaiLrva ckrk, pajaiawter 'or ^-Tarvrr r.^«aKt«rr -/ a^»».o(^ '^^ "^ *tyy^^uM
of
IKflll1]|
AaS be anpiiaiSiifi v. lit*: m-TrrA la. •Jii^ 5>rj%nrr^ :»»-.'>'»ru.%n»> - '-r:w: '''^'' ^ "^
a &} »y,, wtiiKL aiin m acDBatt wrTjn* iiii*r» ♦ftau* -^ -.ru^ v^^i*3iar.r. ^^-: ..n** vH/^^^ *mt
araal tan evBry Airty Trma*^ maL anii viftji 'ii*: m;..r^ »hA«'; r^ -:;':*p»-v ^''•w'"''^ *»^
iBJeat and one drpotat *i; *^**rj ^rirmirT ^rl^us.^ ttu*tu am^ ir'^k^n m n n
•etfflil service, demt ^hoil Se: ;n*t innim»*r v. '*i>»rT ^^mniuinr ir rh «i ;i^'/.'-,j .n
'tveor moreeompaaieft » «d.r»«&ii ami urin^a -5ii* mVIriit *iutil v» tit^^^vt
*iHot» or the psf of ansh.
* jm-- tnai: lapr fe^. jlt, . >^i /
90
42 Qeosge IIL c. 90.
A.l>. 1801-2.
Two deputy
lieutenants -
may provide
substitutes for
Quakers, and
may levy the
expences by
distress, &c.
Quakers may
complain to
the deputy
lieutenants.
Justices may
order payment
of costs for
levying by
distress, where
Quakers refuse
to pay the rates
for providing
volunteers.
No person to
be deemed a
Quaker, unless
he shall pro-
duce a certifi-
cate of his
being of that
persuasion.
Deputy lieu-
tenants to class
the men en>
shall have been returned, if there shall be a vacancy, and if there shall be no
vacancy at that time, then upon the first vacancy that, shall happen ; and the
person to whom such apprentice shall have been so boimd shall for sach
offence forfeit and pay the sum of ten .pounds.
{L.^I And be it farther enacted, that if any person being one of the people
called Quakers shall be chosen by ballot to serve in the militia, and shall
refuse or neglect to appear and to take the oath and serve in the militia, or
to provide a substitute of the same coimty, riding, or place, or of some
adjoining parish or place, to be examined and approve(l as herein*after
directed, who shall take the said oath and subscribe his consent to serve as
the substitute of such Quaker, then and in every such case any two or moie
deputy lieutenants shall, if they shall think proper, upon as reasonable terms
as may be, provide and hire a fit person of the same county, riding, or place,
or of some adjoining parish or place, to serve as a substitute for such Quaker;
and such substitute shall, after being didy examined and approved, take the
said oath and subscribe his consent to serve in the militia, for the same term
and on the same conditions as is herein-before directed in the case of substi-
tutes produced by persons chosen by ballot ; and any two or more deputf
lieutenants may and are hereby authorized, by warrant under their hands and
seals, to levy by distress and sale of the goods ^d chattels of such Quaker
such sum of money as shall be necessary to defray the expence of providing
and hiring such substitute, rendering to such Quaker the overplus (if any)
after deducting the charges of such distress and sale ;•.....,,.
and in case any measures shaU be used in makii^ distress as aforesaid which
may be by any such Quaker thought oppressive, it shall be lawful for such
Quaker to complain to the deputy lieutenants at their next meeting, who are
hereby empowered and required to hear and finally determine the same.
LI. And be it further enacted, that where any rate shall have been made
for the providing of volunteers according to the directions of this Act, and the
churchwardens and overseers shall make complaint to a justice of the peace,
that any Quaker or Quakers had refused to pay the sum or sums of money he
or they shall be rated at, such justice shall order such costs and charges to be
paid for levying such distress as he shall think reasonable, not exceeding ten
shillings on each of the said Quakers where there are no more than two, and
where there are a greater number than two, not exceeding five shillings on
each of the said Quakers : Provided always, that no man shall be deentied,
taken and accepted to be a Quaker within the meaning of this Act, unless
he shall produce before the deputy lieutenants at some of their subdivision
meetings a certificate under the hands of two or more reputable housekeepers,
being of the people called Quakers, resident within the said county, lading, or
place, and dated within the three months immediately preceding the day on
which it shall be produced as aforesaid, acknowledging such man to be one of
their persuasion.
# # ** » * ** •
LIV. And be it further enacted, that the deputy lieutenants in their
several subdivisions shall, as soon as they shall have enrolled the number of
I
J* So much of this Act as prescribes tlio form of oath to be taken by substitutes
raised under this Act^ rep., 51 Geo. 3. c. 118. s. 2.}
A.D. 1801-2.
42 GE(mGE III. c. 90.
91
required in their subdivision^ divide the men so enrolled into as many
of the description herein-after mentioned as shall be found among
men ; that is to say, in the first plass they shall put all the men under
thirty years of age and having no child or children Uving ; and in the second
daas all the men above thirty years of age having no child or children living ;
and in the third dasa all the men not having any child or children living under
the age of fourteen years; and in the fourth class, all the men havii^g any
child or children^ one of whom only shall be under the age of fourteen years ;
and in the last class, all the men not included in any of the former descrip*
tioos ; and shall forthwith make out a list of such classes, according to the
form in the schedule to this Act annexed marked (E.) ; and within three
days after the completing thereof the derk of such subdivision meeting shall
transmit to the derk to the general meetings an exact and true copy of such
list» made out in such form as aforesaid, to be by him entered in a book to be
kepi for that purpose.
I«Y. 'And be it further ehacted, that whenever any militia man after having
been sworn and enrolled shall become unfit for service, it shall be lawful for the
eolonel or other commandant of the regiment, battalion, or corps, to which such
militia man shall bdong, together with any two or more deputy lieutenants of
the county, riding or place to which such regiment, battalion, or corps belongs,
if ihe said regiment, battaUon, or corps shall then be within the said county,
nfimg, or place, or for the colonel or other commandant only, if the said regi-
men^ littalion, or corps shall be absent therefrom, to discharge such militia
num 6om his regiment, battalion, or corps ; but another man shall not be bal-
kritei for in the room of such militia man so discharged, until such discharge
shall he confirmed under the hands of two or more deputy lieutenants of the
county, riding, or place to which such regiment, battalion, or corps belongs,
assonhled at any meeting in the subdivision for which such militia man was
trolled, or at any general meeting for the county, riding, or place as aforesaid.
rolled, and
make out a list
in the fonn in
6chedale(E.)»a
copy of vhich
the clerk of the
subdivision
shall transmit
to the clerk
to the general
meetings to
be entered in
a book.
Men becoming
unfit to serve
may be dis-
charffed, but
the mscharge,
if made b^ the
commanding
officer only,
must be con-
firmed by two
deputy lieu-
tenants before
others are bal-
lotted for.
LVIL And be it further 'enacted, that whenever any private militia man
ahaU be appointed a non-commissioned officer or drummer in any regiment,
faattalicm, or corps of militia, in the room of any non-commissioned officer or
drommer reduced to the ranks, no ballot shall take place in the parish or place
for which such private man so appointed was then serving in consequence of
any vacancy occasioned by such appointment, until the non-commissioned
officer or drummer so reduced shall have obtained his discharge.
LVIIL And be it further enacted, that where in any regiment, battalion
or corps of militia, in which any private man shall be appointed a serjeant,
corponJ, or drummer, in consequence of any vacancy occasioned by the death
or discharge of any non-commissioned officer or drununer, the parish or place
for which such private militia man was then serving shall find and provide
another man in his stead, it shall be lawful for any two deputy lieutenants
acting for the subdivision wherein such parish or place shall be situate to
certify the same to the justices of the peace assembled at the next general or
quarter sessions of the peace held for the same county, riding, or place, and
the said justices shall at such sessions order a sum of money, not exceeding
the average price paid for a substitute or volunteer in such parish or place,
or any adjoining parish or place, to be paid out of the county rates to the
No ballot to re-
place a private
appointed a
non-commiS'
sioned officer,
&c. in the room
of one reduced
to the ranks,
until discharge
of the latter.
Where a man
is provided in
the room of
one appointed
a Serjeant, &c.,
the quarter
sessions may
order a sum to
be paid out of
the county
rates in aid of
the poors rates
of the place.
it?
i' -
J'
1^
92 42 Gbobob III. c. 90. A.D. 1801-2.
churchwardens and overseers of the poor of the parish or place which shall
find and provide another man as aforesaid, whether such man shall serve
personally or by substitute, and to be applied in aid of the poors rates in sueh
parish or place.
The enrolment LXL And be it further enacted, that if any servant whatever, hired by the
shall not vacate 7^^ ^^ otherwise, shall be enrolled as a militia man by virtue of this Act,
^^ h'"*"*^ ®^^^ inrolment shall not vacate or rescind the contract or alter the engage-
ten, unless the ment between such servant and his master or mistress, or employer or
""h^'2*&J?^ employers, imless the militia of the county, riding, or place for which such
servant shall be enrolled shall be embodi^ or called out by his Majesty, or
l ordered so to be in pursuance of this Act, or unless such person so enrolled
I shall leave the service of his master, mistress, or employer or employers, for
[♦ the purpose of being trained aind exercised, for the space of twenty-one days,
t in pursuance of this Act, and shall not return again to the same service at the
r end of such twenty-one days, or as soon after as reasonably may be, allowing
i bat wages shall to his master, mistress, or employer or employers^ an abatement fipom his
^- absence; wages in proportion to the duration of his absence fh)m his said service, to be
»; and if any^ settled by a justice of the peace in the manner herein-after mentioned ; and
h ariMtoucWn ^^ every such case, where any dispute shall arise between such servant and his
f^ wages under master or mistress, or employer or employers, touching any sum or sums of
t ^^^ money due to such servant for or on account of his service performed before
f and may grant the time of his departure from service under the conditions of the said inrol-
i lev^ngbTdis- ^®^^> or by being called out to join the militia in which he shall have been
. trens the money so enrolled, or touching any abatement to be made by such servant by reason
»* paid^if notpidd. ^^ ^^^ absence for the pmrpose of being trained and exercised, it shall and
^ may be lawfid, on complaint made thereof to any justice of the peace for
;' the county, riding, city, liberty, town corporate, or place, where such master
[ or mistress, or employer or employers shall inhabit, for such justice to hear
y. and determine every such complaint, and to examine upon oath every such
r servant or any other witness or witnesses touching the same, and to make
I such order for the payment of so much wages to such servant in proportion to
[ - the service he has performed, or such abatement from his wages in proportion
\ to the duration of lus absence from his service, as the case may require and
I as to such justice shall seem just and reasonat)le, provided the sum in question
f do not exceed the sum of twenty pounds ; and in case of refusal or non-
\ payment of any sums so ordered to be paid by the space of twenty-one days
1" next after such determination, such justice may and shall issue forth his
I warrant to levy the same by distress and sale of the goods and chattels of
t such master or mistress, or employer or employers, rendering the overplus to
I the owner or owners after payment of the charges of such distress and sale.
I Substitutes or LXII. AND be it further enacted, that every person who shall receive
' receiYing money from any other person to serve as his substitute in the militia, or from
I bounty, who Qj^y churchwardens or overseers of the poor to serve as a volunteer as afore-
' to be sworn, Baid, and shall neglect to appear at the usual meeting appointed for swearing
shaU return the j^ the militia men, or before some one deputy lieutenant, in order to be sworn
be liable to according to the directions of this Act, being convicted thereof before any
penalty- deputy lieutenant or justice of the peace, shall be obliged to return the money
to the person or persons from whom he received it, and shall forfeit and pay
\
r
JLD. 1801-i
42 Oeorqe IIL c. 90.
93
to audi penoQ or penons any sum not exceeding forty shillings nor less than
twenty ahillhigs, at the discretion of the deputy lieutenant or justice of the
peiee befiie iriiom he shall be so convicted ; and if sudi offender shall not
imBfldiikly lekmn the money so by him received as aforesaid, and likewise
paj the sud penalty, he shall be committed to the common gaol or house of
eometkB for fiiiirteen days, or until the said sum shall be returned
Lull Axd he it farther enacted, that if any peison chosen by ballot to
serve in the militia sthall have engaged any other person to serve as his sub-
itiftiite, or if any dmrdiwaidaas or overseers of the poor shall have engaged
ai^paaQB to serve as a vnJraiteer as aforesaid, and the person so dbosen by
hiUot or sueh dmrdiwrnrdois or oYesneers shall have agreed to pay to the
pemiao engaged a certain sum tor sodi soviee, it shall be lawfid for two
deputj liHiimanis or any one jostice of the peace, when the militia of the
conafy, ndin^ or place finr wludi soeh substitate or vohmteer shall be enrolled
ahiB not he eoibodied, and they and he aie and is hereby required, after such
wlrftnte or vnfanoieer baa beoi eramiwd by a sorgeon and ap|RV>ved aeeord-
iigto the direetkns of this Act, and enrolled by the deputy lieutenants in
puiMiiace dwreoC to onier sodi sum of money as shall af^^ear to them or him
tobe dae to the snhstitote or volunteer so engaged to be immediately paid to
VkflamchenrQlflBent by the person or peraons by or&r whom he shall be
oppd to serve as afaresBid ; and in every ease where the militia shall }jh
dUed at the time of such enrolment, it shall be lawful for the said A^rputy
faaamis or jnstiee to direct any sum not exeeeding one half part of the sai/l
mkdmaaej aa engaged to be gnrat as aforesaid to be paid to hiro ficcthwith,
a'tefeadfamiiil to sach pemon, or to soch of his iubiiy, and in soeh yr/f^jr-
tia^ai he diall request at the time of sndb his cnpc4ment. Mad ihk nUiSiiiZTs^^
jarttkreof tobe pasd to and reeoTBd by the derkof thesiMirision wt^^J^^
lioiUI thooqMjn fcrthwith reniit the same to the paymaist^ or batta»'>;n
doiof the reeiment. tatta^:iL nt cer^ ^i mf:^ to wiieh «ia^ ^TMlxnif: ^x
be ascss ^ a tt^-Ha mjsn, Vj t^ reuii^ vr ilzu iia*. v-'.'i.
'jr^^^m, iLr^sz. i'X Ked'x^uiJ^ v^
cf every 9Kn. sol jL 3b:c«^ bL ^jk:^ acii v^ .^jca auaxsu^ s, ^ ^
directed by ami ^fjBSxsLeA, ix aa. JLs :ff 'i^ \w*sir^rji, j^aee \i 'jcj^, f^\^ 'i u^a
Ub!: W^Jtk 4I&* -ii*: «&ai«*r HOO^ JUfc-T* V:*^ S4-*^ *A A. U ^
Two depot/
lieoteiiMil« or
ft jtMiee n»y
crAtribe
mnaef agreed
to be sivcD to
ft fal«titiite or
Toittnttcr, to be
fttid bim Oft
eonousent
vhen tbe
Militia ie aot
tob«f«lil
fohMi^ft»4
tb«0(b«rt«
tlM^ekrlt/j/tb*
Wnm;<t«4to
ft fe t#> ^<r7rr a£«i ti>^s. w
frvf»^; ja«t i/
/SOI. <vr vt a^ '
fmAUi,^a0iya'
K«'X I ,vs. '.? '>^ ac'
ioail 's.r^.n axbi supj 5:p ^^-itt «utrL v?*tw*A v** «v;u '/
:i !#»: X firui»r
« ojff a psst
94 42 QEOBaE IIL c. 9a A.D. 1801*2.
void, and an^ or engaged to serve in the militia, every such enlisting shall be deemed null
to enlist, deny- ^'^^ void; and in case any militia man at the time of offering to enlist as
ing that he is aforesaid shall deny to the officer, seijeant, or other person recraiting for men
militia, or offer- to enlist and serve in his Majesty's other forces, that he is (at the time of his
l^fothT,^" ^^®?°g ^ ^^^»*) ^ ^°^^* ^«^ ^^"^ «^^^y ^^"^ *^d engaged to serve
ment of militia, (which the said officer, Serjeant, or other person is hereby required to ask every
p^n^d^t ^^^ offering to enlist in his Majesty's other forces), or shall offer himaelf to be
exceeding six enrolled and serve in any other regiment, battalion, or corps of militia, every
ihe°end'of^hir ™^^^ ^^^^ ^^ offending shall, on conviction thereof upon the oath of one
engagement in witness before any one justice of the peace, be committed to the common gad
^^rSlTn?'^^ or house of correction, there to remain, without bail or mainprize, for and
regiment into durin^^ any time not exceeding six months, over and above any penalty <»r
htfe^Hs^ p3ment to which such^n so offendiii is or ehaU be othJ«L liable;
and every person so offending, firom the day on which his engagement to serve
in the militia shall end, and not sooner, shall belong as a soldier to the ooips
Persons so en- of his Majesty's other forces into which he shall have been so enlisted ; and if
nu^olrorfe^ any officer or other person shall enlist any man belonging to the militia to
20/. serve in his Majesty^s other forces, knowing him to belong to the militia, or
without asking him if he belongs to the militia, every such officer, serjeant, or
other person shall for every such offence forfeit and pay the sum. of twenty
Soldiers, &c. pounds ; and if any person actually serving in any of his Majesty's other foroes
af TObSitu^* shall offer himself to serve and be enrolled as a substitute in the militia, every
in the militia to person SO offending shall forfeit and pay to the person informing of such offence
he imprboned ^^ ^^^ ^^ ^^ pounds, or be Committed to the common gaol or house of
not exceeding correction for any time not exceeding three months.
three months.
Penalties for LXVL And be it further enacted, that the money arising by penalties
8erv« or to find ^^^urred for refusing to serve in the militia or to find substitutes to serve in
substitutes their room shall be applied by any two or more deputy lieutenants within
inprovi^ng their respective subdivisions in providing substitutes for the persons who
them. have paid such penalties, which substitutes shall be examined, approved, sworn
in and enrolled to serve for the same term, in the same manner, and on the
same conditions as is herein-before provided in the case of substitutes provided
Surplus shaU j^y persons chosen by baUot ; and if any surplus shall remain, the same shall
regimental be paid to the colonels or other commandants of the respective regiments,
A^^^tnm f battalions or corps in which such persons ought to have served as militia men,
penalties and and be applied as part of the regimental stock ; and the return of the amount
wT ^^^'^^ to ^^ ^^^^ penalties, with the names of persons paying the same, shall be trans*
be transmitted mitted by the clcrks of the subdivision meetings to the clerks of the general
meetings. LXVII, And be it further enacted, that in all cases in the execution of this
Su?"l^u: ^^^' wl^«^ ^y °^*^^ ^^ ^i^ ^ directed to be enquired of or examined into
tenants, and upon the oath of any witness or witnesses, before any lieutenant of any county,
med to admT ^^ ^^7 deputy lieutenant or lieutenants, or justice or justices of the peace,
nister oaths. any such lieutenant, deputy lieutenant or lieutenants, or justice or justices
of the peace, is or are hereby authorized to administer' such oath to aoiy
witness or witnesses ; and that all other oaths to be taken in pursuance of this
Act shall and may be respectively administered by any lieutenant or deputy
lieutenant.
AJ). 1801-2.
42 GsoitOE IIL c. 90.
95
LXVnL Akd be it furUier enacted, that the militia of the several counties,
ijdi^gs and places aforesaid shall be formed into companies, which shall not
eonsisi ci more than one hundred and twenty, nor of less than sixty private
men, and that to each of such companies there shall be one captain, and one
fientenant, and one ensign ; and that where the number of men raised for any
ooonfy, ridii^, or place is su£5cient, the militia thereof shall be formed into
one or more r^jiments, consisting of not more than twelve nor of less than
eight such eompanies ; and where the number, of men raised in any county,
ridfing or place is not sufficient to form a regiment, the militia thereof shall be
fonaed intft a battalion, consisting of not more than seven nor of less than
four sodi companies; and where the number of men raised in any county,
ndingjOr place is not sufficient to form a battalion of four such companies, the
militia thereof shall be formed into a corps, consisting of not less than three
sndb eompanies; and that the field officers of such r^pments, battalions and
eorps respectively shall in no case exceed the respective numbers and ranks
ftilofwhig; (that is to say), in every regiment consisting of not less than eight
buidied private men, one colonel, one lieutenant colonel, and two majors ; in
every r^ment or battalion consisting of not less than four hundred and eighty
pivtte men, one colonel, one lieutenant colonel, and one major ; and in every
bijttalioii consisting of less than fotu: hundred and eighty private men, one
tntanint colcmel and one major; and in every corps consisting of three
eMpaes, one lieutenant colonel or major, and no other field officer : Provided
ihnj^that no colonel or field officer in the militia shall be a captain of a
eoBpof : Provided also, that every battalion consisting of five companies or
opfinis may have one company of grenadiers or light infantry, to which two
BealasaiB shall be appointed instead of one lieutenant and one ensign ; and
iti every regiment may have (me company of grenadiers and one company
of fight infimtry, to. each of which companies two lieutenants shall be appointed
itttead of one lieutenant and one ensign : Provided also, that to every eom-
pny consisting of ninety private men and upwards there may be two
iievtenants and one ensign, or three lieutenants, as the case may be.
LXTX Provided always, that if his Majesty shall at any time direct that
tty proportion of the said militia shall be trained and exerdsed to the service
of any artillery that may be attached to any regiment or battalion, it shall and
may be lawful for his Majesty to direct that a supernumerary officer or officers
€f the said Foment or battalion of such rank as his Majesty shall order, and
l>Qng duly qualified as aforesaid, shall be appointed to and for the said men
so directed to be trained and exerciaed as aforesaid.
liXX. Am) be it further enacted, that in the several counties, ridings, and
places, where the number of militia men shall not be sufficient to form a regi-
ment, battalion, or corps of four companies, according to the intent and
meamng of this Act, the militia of such counties, ridings, and places shall be
formed into independent companies, each company to consist of one hundred
and twenty private men at the most, and sixty private men at the least, with
<^>te captain, and one lieutenant, and one ensign, to each company ; and that
his Majesty may, whenever he thinks proper, order any number of such inde-
pendent companies of the militia of different counties, ridings, or places, to be
joined together to form a regiment, battalicn, or cor^js as afaresaid, or to (je
incorporated with ai^ other regiment, battalion, or corps of militia: Provided
How thereei-
mentsofmmtU
shall be formed
andoi&cered.
ofieen tobe
appointad to
Bcn lTiinc<l to
theterTkeor
artiDefy.
Hawinde-
ihaObe
Iwlfsfettj
uty ofdcr to
tatM a cotpf ,
or be tnoufpo-
nted
96
42 George IT I. c. 90.
A.D. 1801-2.
!\
k
\ '
I..
>»
I*.
I.'
\
V ■
r »
r
I
I./
>' •
f .
Lieutenant
may act as
commandant
of the militia,
when there
shall not be
any other ap-
pointed, bat
shall only com-
mand one corps
at once ; and
shall have the
rank of colonel,
bat shall not
have greater
pay than the
proper com-
mandant woald
be entitled to.
A lientenant
colonel who
has been com-
mandant of a
battalion for
five years while
embodied, may
have a commis-
sion of colonel.
How the militia
are to be offi-
cered, where
the nambers
are not suffi-
cient for a re-
giment
r
r
t.
I.
♦
Militia officers
accepting com-
missions of the
same rank in
any other regi-
ment to rank
in the service
according to
the dates of
vacated com-
missions.
When a com-
mandant shall
always, that the number of companies in any such regiment, battalion, or
corps be not thereby made to exceed the number of companies of which a
regiment, battalion or corps of militia is herein-before directed to consist
LXXIL And be it further enacted, that it shall be lawful for the lieutenant
of any county, riding, or place, to act as commandant of any regiment, batta-
lion, or corps of militia for such county, riding, or place, for and during sudi
time as there shall not be any colonel or other commandant appointed to such
regiment, battalion or corps ; but no such lieutenant shall at any one time act
as commandant of more than one body of militia, whether regiment, battalion
or corps ; and where the lieutenant of any county, riding, or place^ shall take
the command of any militia of the said county, riding, or place, not being
according to the provisions of this Act sufficient to form a regiment or batta-
lion to be commanded by a colonel, such lieutenant shall notwithstanding be
entitled to the rank of colonel, unless such miUtia shaU be united with the
militia of any other county, riding, or place as aforesaid : Provided always,
that no such Ueutenant shaU, in virtue or by reason of any such comnumd «
aforesaid, receive any greater pay tban the proper commandant of such corps
would be entitled to.
LXXIIL And be it further enacted, that when a battalion of militia ia
conunanded by a lieutenant colonel, who shall have been commandant of the
same for five years or longer while embodied, it shall be lawful for the lieu-
tenant of the coimty, riding, or place, to which such battalion shall belong,
with the approbation of his Majesty, to give to such lieutenant colonel com-
mandant a commission of colonel
LXXrV. And be it further enacted, that in any county, riding, or place,
where the number of ])rivate men is sufficient to form a battalion of less than
four hundred and eighty private men, but not less than three hundred and
sixty private men, it shall be lawfiil for the lieutenant of such county, riding,
or place, to appoint three persons, qualified according to the directions bf this
Act, to serve with the rank of colonel, lieutenant colonel, and major, but with
no higher pay than if they were appointed lieutenant colonel, major, and cap-
tain respectively ; and where the number of private men shall be sufficient to
form three companies of sixty private men at the least, but not sufficient to
form four companies as aforesaid, it shall be lawful for the said lieutenant tx)
appoint two persons qualified as aforesaid to serve with the rank of lieutenant
colonel and major respectively, but that only one of them shall be entitled to
any higher pay than that of captain ; and where the number of private militia
men is not sufficient to form more than two companies of sixty private men at
the least, the eldest captain shall serve with the rank of major, but shall only
be entitled to the pay of captain.
LXX V. And be it further enacted, that every officer of any militia regiment,
battalion, or corps, being duly qualified, who may have accepted or shall accept
a commission or appointment of the same rank in any other militia regiment,
battalion, or corps, and shall thereby vacate his former commission, shall
continue to rank in the general service according to the date of his commission
or appointment of the same rank in the militia, so vacated as aforesaid
LXXVL And be it further enacted, that when any colonel or other com-
mandant of any regiment, battalion, or corps of militia shall be absent from
AJ). 1801-2.
42 Oeobge III. c 90«
97
Great Kitain, and until he shall rettim to Great Sritain, and shall have
notified his arrival to the derk of the peace of the county, riding, or place to
which such regiment, battalion, or corps shall belong, and to the commanding
offieer and adjutant thereof, it shall be lawful for his Majesty, by warrant
under his sign manual, to direct and order that the officer next in command,
who shall be residing in Great Britain, shall in all cases act and serve as the
eonunandant of such regiment, battalion, or corps ; and aU powers and autho-
rities which might have been exercised by such colonel or other commandant
80 absent as aforesaid, while resident in Great Britain, shall be vested in and
exercised by the officer next in command in such regiment, battalion, or corps,
who shall be resident in Great Britain ; and from and after issuins: the said
wanant as aforesaid, all matters and things which ought to be transacted and
done by any other person or persons with such colonel or other commandant
whilst resident in Great Britain, shall be transacted and done during the time
aforesaid with such officer so next in command as aforesaid, who shall be
RfidiDg in Great Britain ; and all money directed to be issued or paid to or
to the order of such colonel or other commandant for the use of such regiment,
\wttalion, or corps shall be issued and paid to or to the order of such officer
aext in command as aforesaid ; and all acts, matters, and things, done by and
liith such officer so next in command as aforesaid, during the time aforesaid,
^ttAare or shall be authorized or required to be done by or with such colonel
or fAsx commandant when in Great Britain, shall be good and valid as if
dottlyorwith such colonel or other commandant; and during the absence
fioD C^ Britain of the colonel or other commandant of such regiment,
hatlalm or corps, and until he shall return to Great Britain and notify his
4tfmal as !aforesaid, the officer next in command in such regiment, battalion,
oroQipB, who shall be residing in Great Britain^ shall appoint the regimental
or battalion clerk and agent to such regiment, battalion, or corps, in the same
manner as such colonel or other commandant might have done, and shall take
mcarity from such agent, and shall be and is hereby made subject and liable
to make good all deficiencies that may happen from the said agent or from
Idmself upon account of the pay, clothing, or public stock of such regiment,
batts^on, or corps : Provided always, that such officer so next in command as
aforesaid, who shall assume the powers so given to him as aforesaid, in con-
eequence of the absence from Great Britain of his colonel or other commandant,
shall, within seven days after he shall assume any such powers^ notify the
ahaenee from Great Britain of such colonel or other commandant to the lieu-
tenant of the county, riding, or place, and also, when the regiment, battalion,
or corps shall be in actual service, to the secretary at war : Provided also,
that if any such colonel or other commandant as aforesaid shall have given
any orders for doathing or other necessaries, or for accoutrements, which
ought to be provided in due course or in pursuance of any order by proper
authority at the time when such order shall be given, for the use of his regi-
ment^ battalion, or corps, and if before such orders shall be completed, or af^r
the same . shall be completed and before the money shall be issued for the
aune, sach colonel or other commandant shall leave Great Britain, the orders
w given by such colonel or other commandant shall nevertheless be completed
and the money to be issued in respect thereof shall be paid to the order of
such colonel or other commandant, notwithstanding his absence from Great
YOU IV. Q
be absent from
Great Britiun,
hisKajesty
may direct tbe
ofSucer next in
conmiand to
act, who ahaU
be vested with
the powers of
the command-
ant tiD the
commandant
shall return
and notify his
arrivaL
The oi&cer
next in com-
mand shall,
within seven
days after
assnmiofr the
command,
notify the ab-
sence of the
commandant to
the lieutenant,
and when in
actual service
to the secretary
at war.
Orders given
by a com-
mandant for
clothing or
accoutrements
shall be com-
pleted, and the
money paid
to his order,
98
42 Geobge hi. c. 90.
AJ). 1801-2.
though he inaj
leave Great
Britain; as
shall the orders
given by the
officer next in
command
daring the
absence of the
commandant,
though he may
return.
His Majesty
shall appoint
as adjutants
officers who
have served
five years in
the army or
embodied
militia, who, if
in the army,
shall retain
their rank.
Adjutants may
have rank
as captains,
but not above
captains of
companies,
and shall not
be entitled
to higher pay
than that of
adjutant.
To corps of not
less than two
companies of
sixty men each,
a surgeon may
be unpointed.
Surgeons, when
the militia is
embodied, to
receive the pay
and allowance
of surgeons of
Britain as aforesaid ; and in like manner if any officer so next in.oonunand as
aforesaid shall, in consequence of the absence from Great Britain of his colonel
or other commandant, and imder the authorities given to him as aforesaid,
give any orders for doathing or other necessaries, or for accoutrements, which
ought to be provided in due course or in pursuance of any order by proper
authority at the time when such orders shall be given, for the use of hk
regiment, battalion, or corps^ and before such orders shall be completed, or
after the same shall be completed and before the money which ought to be
issued shall be issued for the same^ the colonel or other commandant shall
return to Great Britain and notify his arrival as aforesaid, the orders so given
by such officer so next in command as aforesaid shall be completed, and the
money to be issued in respect thereof shall be paid to the order of such officer,
notwithstanding the return of such colonel or other commandant as aforesaid
LXXYIL And be it farther enacted, that his Majesty may and shall appoint
one proper person, who shall have served in some of his Majesty's other forces
or in the militia while embodied, for the term of five years at the least, to be
an adjutant to each regiment, battalion, and corps of militia ; and such adja-
tant, if appointed out of his Majesty's other forces, shall during his service ifl
the militia preserve his rank in the axmy in the same maimer as if he iud
continued in that service ; and it shall be lawful for the lieutenant of tty
county, riding, or place, on the recommendation of the colonel or other coob
mandant of any regiment, battalion, or corps of militia, raised within such
county, riding, or place, to appoint the adjutant of such regiment, battalion, or
corps, to serve with the rank of captain, provided such adjutant shaU have
served five years in the militia while embodied, or in his Majesty's other
forces, : Provided always, that no such appointment
to the rank of captain shall be valid, unless in the instrument granting the
same it be specified in what regiment, battalion, or corps of the militia^ vhile
embodied, or of his Majesty's other forces, such adjutant hath served, and what
was or were the date or dates of his commission or commissions : Provided
also, that no adjutant so appointed to serve with the rank of captain shall by
virtue of the date of such appointment as aforesaid or otherwise be entitled
to rank above or to command any captain of a company in the militia : F^*
vided also, that no such adjutant shall, by reason of any such appointment as
aforesaid, be entitled to receive any greater or other pay than that of adjutant
LXXVIIL And be it further enacted, that in every case where the number
of private militia men raised in any.county, riding, or place, is sufficient to
form a regiment, battalion, or corps of militia, consisting of not less than two
companies of sixty private men each at the least, it shall be lawful for the
lieutenant of such county, riding, or place, with the approbation of his Majesiyi
to appoint one fit and proper person, who shall have passed an examination at
Surgeon's Hall, and received his certificate accordingly, to be surgeon of such
regiment, battalion, or corps ; and every such appointment shall recite the
certificate of the person so appointed, and an attested copy thereof shall be
transmitted to and filed with the clerk of the general meetings ; . . • • '
. . . . and every such surgeon so appointed as aforesaid shall, during wi®
time of the militia to which he shall belong being embodied, receive ibe p*y
and allowance of a surgeon of infantry in his Majesty's other forces, and be
subject to the like rules, restrictions, and directions in every respect, as fw ^
ID. 1801-2.
42 George IIL c. 90.
99
the same may be applicable ; and no such surgeon shall be capable of holding
any other commission in such militia, or of receiving any pay in respect of any
oliher commission in such militia, during the time of his being such surgeon as
^foresaid.
fTYTY And be it further enacted, that in every case where the number of
private mihtia men raised in any county, riding, or place, is sufficient to form
a regiment or battalion, consistizig.of .not less, than- three hundred and sixty
private men, it shall be lawful for the colonel of such regiment or battalion,
with the approbation of his Majesty, to appoint one fit and proper person who
has served in his Majesty^s other forces, or in the embodied militia, to be the
quarter master of any such regiment or battalion respectively ; and it shall be
hwM for the .lieutenant of the county, riding, or place for which such regi«
meat or battalion shall belong, on the recommendation of the colonel thereof,
to i^point such quarter master to serve with the rank of lieutenant or ensign,
: Provided always, that such quarter master shall not
be capable of holding any commission or receiving any pay in respect of any
emmuflBion in any company in the militia, during the time of his being such
qoarter master as aforesaid
LXXX And be it further enacted, that the colonel or other commandant of
cvcxy legiment, battalion, or corps of militia, consisting of not less than three
ocmgimeB, when such regiment, battalion, or corps is not in actual service, may
appnat a regimental or battalion derk, who shall execute the office of pay-
mai^,kt where the number of private men shall not be sufficient to form
three eoopanies of sixty private men at the least, no clerk shall be allowed,
hirt tie receiver general of the land tax, and all other persons required by this
Act to remit or pay any money to any regimental or battalion clerk, in respect
of the militia or on behalf of any men serving, shall remit and pay all monies
io be paid in respect of such company or companies or, on, b^hajf pf any man^
aerving therein to the commanding officer thereof, which commanding officer
flbaD account for the same in like manner in every respect as a regimental or
battalion derk.
LXXXT And be it further enacted, that no adjutant, surgeon, regimental or
Inttalion clerk, paymaster or quarter master in the militia, shall be capable of
h»ng ^pointed captain of a company, nor shall any person holding the com«
Buaskm of captain of a, company be capable of being appointed adjutant,
nngeon, regimental or battalion derk, paymaster, or quarter master of ndlitia.
infantry, but
not to hold any
other commis-
sion.
In corps con-
sisting of not
less than 860
privates, a
quarter master
may be ap-
pointed, who
shall rank as a
subaltern, bat
shall not hold
any com-
mission.
To corps con-
sisting of not
less than three
companies a
regimental
clerk may be
appointed to act
as paymaster,
but the money
payable in
respect of any
smaller corps
shall be paid
to the com-
manding
officer.
No a^utant,
&c. to be ap-
pointed captain
of a company,
nor any captain
of a company
to be appointed
adjutant, &c.
piXXXTIL*} And be it farther enacted, that Serjeants, corporals, and Thepropor-
drommers shall be appointed to the militia in the following proportions ; Cthat ***^°" ?^ ^^^\
• X X T_ r • ^x- 1 -XT- 1. n i_ . . \ conumssioned
IS to say,) when, not m actual service there shall be one serjeant and one officers and
eoTpcrel to every thirty private men, and when the militia shall be drawn J^'?'*™*^ "*«
out into actual service an addition shall be made, so that there shall be one
seijeant and one corporal to every twenty private men, and when not in
actual service, tiiere shall be one drummer to every company, with an addition
of one drummer for each flank company of regiments or battalions, consisting
of five or more companies as aforesaid ; and when the militia shall be drawn
p This section, so far as it provides what shall be the staff of the disembodied
militia, or the pay of such staff, is rep., Stat. Law Rev. Act, 1872*2
O 2
102
42 George III c. 90.
A.D. 1801-2.
to
\
u
under the rank
of captain, may
order courts
martial to be
held, and the
commandant
of the regi-
ment, on appli-
cation, shall
order a suffi-
cient number
of officers to
attend, but the
sentence shall
be submitted
to the com-
mandant
private man under and during his command ; and if a sufficient number of
officers shall not be present to constitute such court martial, it shall be lawful
for the commanding officer of the regiment, battalion, or corps of militia^ to
which any such detachment or division of militia shall belong, and he is
hereby required, upon application made to him by the officer commanding
such detachment or division for that purpose, to order a sufficient number of
officers of proper rank to attend for the purpose of assisting at such court
martial, who shall forthwith attend the same, and assist as members thereof;
and the sentence of every such court martial shall in every case be submitted
to the colonel or other commandant of the regiment, battalion, or corps to
which such detachment or division shall belong (or in his absence from the
county, riding, or place) to the senior field officer within the same, for his
approval thereof, who shall cause such sentence to be put in execution^ mitigated,
or remitted, as he shall in his discretion think best for the service.
M .♦■
r»*.
\.
Pay of men
called out to
exercise to
commence on
their joining,
but to such as
have been pre-
vented joimng,
the command-
ing officer may
direct an allow-
ance to be
made, on a
satififiactory
certificate.
Militia men
falling sick on
the march may
be relieved by
warrant of a
justice, and the
expence shall
be reimbursed
by the county
treasurer.
Ma^trates
may billet the
militia when
called out to
annual exer-
cise, and when
not embodied
may order
lodgings, &c
for the non-
commissioned
officers and
dnunmers.
XCII. And be it ftirther enacted, that the pay of every person enrolled to
serve in the militia of any county, riding, or place, when not embodied and
called out into actual service, and who '^all be called out for the purpose of
being trained and exercised as aforesaid, shall commence upon the day on
which such person shall join the regiment, battalion, corps, detachment, or
division to which he shall belong, and not before : Provided always, that if
such person shall have been prevented joining such regiment, battalion, corps,
detachment, or division, by sickness or other sufficient cause, and shall produce
to the commanding officer thereof a satisfactory certificate of such sickness or
other sufficient cause, it shall be lawful for the commanding officer of such
regiment, battalion, corps, detachment, or division, and he is hereby required, to
direct an allowance of pay to be made to the person so prevented, according
to the time mentioned in such certificate as aforesaid. -
XCIII. And be it further enacted, that, in case any mihtia man shall, on his
march to the place where he shall be ordered to attend for the annual exercise,
be disabled by sickness or otherwise, it shall be lawful for any one justice of
the peace of the county, riding, or place, or any mayor or chief magistrate of
any city, town, or place where such man shall then be, by warrant under his
hand and seal to order him such relief as such justice, mayor, or chief magis-
trate shall think reasonable, and the same shall be given by the officers of the
parish, tything, or place where such militia man shall then be ; and the officers
giving such relief shall, upon producing an account of the expences thereof to
the treasurer of the county, riding, or place for which such militia man shall
serve (such account being first allowed imder the hand of a justice of the
peace), be reimbursed such expences by such treasurer, who shall be allowed
the same in his accounts.
XCIV. And be it further enacted, that it shall be lawful for all mayors,
bailiffs, constables, tythingmen, headboroughs, and other chief magistrates and
officers of cities, towns, parishes, tythings, and places, and (in their default or
absence) for any one justice of the peace inhabiting within or near any city,
town, parish, tything, or place (but for no others), and they and he are and is
respectively hereby required, to quarter and biUet the officers, non-commissioned
officers, drummers, and private men serving in the militia at the times when
they shall be called out to annual exercise, in inns, livery stables, alehouses,
AJ>. 1801-^.
42 GsoBGE ni a 90*
108
TictaaDiiig houses, and all houses of persons selling brandy, strong waters,
cyder, wine, or meth^lin by retail, upon application made to any such mayors,
bailifi^ eoDstables, iythingmen, headboroughs, or other chief magistrates or
cffieeEn, byhis Majesty's lieutenant, or by the colonel or other commanding
officer of the militia, of the county, riding, or place, where they shall be so
called out to exercise as aforesaid ; and when the militia is not embodied, nor
caDed out to exerdse as aforesaid, aU mayors and other chief magistrates and
offioera aforesaid, or (in their default or absence), any one justice of the peace
asafoaresaid, may and they and he are and is hereby respectively required to
(sder aad provide convenient lodging with fire and candle in such houses as
aforesaid for the seijeants, corporals, and drummers of the militia.
ICV. Am) be it further enacted, that when the militia shall be called out
to Ik trained and exercised, any justice of the peace of any county, riding, or
place, leing thereunto required by an order from the lieutenant or from any
depoty lieutenant of such county, riding, or place, or from the colonel or other
eommandiiig officer of any regiment, battalion, corps, detachment, or division
of nuEtia, being within such cdunty, riding, or place, may and shall issue his
iranant to the chief constables of hundreds, rapes, lathes, wapentakes, or
£viffl(ins, or to the constables, tythingmen, headboroughs, or other officers of
Ihe several parishes, tythings, or places, from, through, near, or to which any
soding^ent, battalion, corps, detachment, or division of militia shall be
ordaed to march, requiring them to provide such sufficient carriages to convey
theanas^dothes, accoutrements, ammunition, and other stores, with able men
todmmch carriages, as shall be mentioned in the said orders and in case
9iA sufficient carriages and men cannot be provided within any such county,
riSag, hundred, rape, lathe, wapentake, division, parish, tything, or place,
iken any justice of the peace for any adjoining county, riding, or place, may
and shall, upon such order as* aforesaid being shewn unto him^ issue his
wanant to the chief constables, constables, tythingmen, headboroughs, or other
^rfSeers of any hundred, rape, lathe, wapentake, division, parish, tything, or
place within such adjoining county, riding, or place, for the purposes afore-
aaid, to make up such deficiency of carriages and men ; and such lieutenant,
deputy lieutenant, or colonel, or other commanding officer, requiring such car-
nages and men to be provided as aforesaid, shall at the same time pay to
every such chief constable, tythingmen, headborough, or other officer, for the
use of the person or persons who shall provide such carriages and men, the
sum of one shilling for every mile any waggon with five horses, and any wain
with six oxen, or with four oxen and two horses, shall respectively travel ;
and the sum of nine-pence for every mile any such cart with four horses shall
travel, and so in proportion for any carriages drawn by any less, number of
horses or oxen ; for which respective sums every chief constable, constable,
tythingman, headborough, or other officer receiving the same is hereby required
to give a receipt to the person paying the same ; and every such chief con-
stable, constable, tythingman, headborough, or other officer shall order and
appoint such person or persons having carriages within their respective hun-
dreds, rapes, lathes, wapentakes, divisions, parishes, tythings, or places, as they
shall think proper, to provide and furnish such carriages and men, according to
the warrant aforesaid ; and every person so ordered is hereby required to pro-
vide and furnish the same accordingly for one day^s journey, and no more ; and
Justices to
ffrant -warrants
tor impressing
carriages for
the militia"
when called out
to exercise.
Rates to be
paid for car-
riages.
\
94 42 QEOBas IIL c. 90. A.D. 1801-2.
void, and wiy or engaged to serve in the militia, every such enlisting shall be deemed null
to enUstydeDj? ^'^^ void; and in case any militia man at the time of offering to enlist as
ing that he is aforesaid shall deny to the officer, seqeant, or other person recruiting for men
militia, or offer- to enlist and serve in his Majesty's other forces, that he is (at the time of his
ing to serve in offering^ to enlist) a militia man then actnally enrolled and en^raired to serve
any other regi- o / *f o-ts
ment of militia, (which the said officer, Serjeant, or other person is hereby required to ask every
p^n^^t "^*"^ offering to enlist in his Majesty's other forces), or eball offer himself to be
exceeding six enrolled and serve in any other regiment, battalion, or corps of militia, every
ihe^end ^°^^ militia man so offending shall, on conviction thereof upon the oath of one
engagement in witness before any one justice of the peace, be committed to the common gad
se^rStn?"^ or house of correction, there to remain, without bail or mainprize, for and
regiment into durin^^ any time not exceeding: six months, over and above any penalfcy or
:.r^|ir p3m,^ to which j:^n »> a,,^ » »r Bhdl be ouJ^ M^;
and every person so offending, from the day on which his engagement to serve
in the militia shall end, and not sooner, shall belong as a soldier to the corps
Persons so en- of his Majesty's other forces into which he shall have been so enlisted ; and if
m^olfoifeH ^^y officer or other person shall enlist any man belonging to the militia to
20/. serve in his Majesty^s other forces, knowing him to belong to the militia, or
without asking him if he belongs to the militia, every such officer, Serjeant, or
other person shall for every such offence forfeit and pay the sum of twenty
Soldiers, &c. pounds ; and if any person actually serving in any of his Majesty's other foroes
^tublitot^^ shall offer himself to serve and be enrolled as a substitute in the militia, every
in the militia to persou 80 offending shall forfeit and pay to the person informing of such offenea
he imprboned ^^ ^^^ ^^ ^^ pounds, or be Committed to the common gaol or house of
not exceeding correction for any time not exceeding three months*
three months.
Penalties for LXVL And be it further enacted, that the money arising by penalties
I^"* ^ A^A incurred for refusing to serve in the militia or to find substitutes to serve in
serve or to find o , ,
suhstitutes their room shall be applied by any two or more deputy lieutenants witbm
hi provi^iSr their respective subdivisions in providing substitutes for the persons who
them. have paid such penalties, which substitutes shall be examined, approved, swom
in and enrolled to serve for the same term, in the same manner, and on the
same conditions as is herein-before provided in the case of substitutes provided
Surplus shaU j^y persons chosen by ballot ; and if any surplus shall remain, the same shall
regunentai be paid to the colonels or other commandants of the respective regiments,
A^et f battalions or corps in which such persons ought to have served as militia men,
penalties and and be applied as part of the regimental stock ; and the return of the amount
* a* •^'^^ ^ of such penalties, with the names of persons paying the same, shall be trans*
be transmitted mitted by the clerks of the subdivision meetings to the clerks of the general
meetmgs. LXVII. And be it further enacted, that in all cases in the execution of this
deputy°Seu- ^^^' when any matter or thing is directed to . be enquired of or examined into
tenants, and upon the oath of any witness or witnesses, before any lieutenant of any county,
medto adm?-" ^^ ^^7 d^P^tj lieutenant or lieutenants, or justice or justices of the peace,
nister oaths. any such lieutenant, deputy lieutenant or lieutenants, or justice or justices
of the peace, is or are hereby authorized to administer* such oath to any
witness or witnesses ; and that all other oaths to be taken in pursuance of this
Act shall and may be respectively administered by any lieutenant or depnty
lieutenant.
A.D. 1801-2.
42 OEOitOE III c 90.
95
LXYIIL And be it further enacted, that the militia of the several counties,
ridings and phiees aforesaid shall be formed into companies, which shall not
consist of more than one hundred and twenty, nor of less than sixty private
men, and that to each of such companies there shall be one captain, and one
Heatenant, and one ensign ; and that where the number of men raised for any
ooonty, riding, or place is sufficient, the militia thereof shall be formed into
one or more regiments, consisting of not more than twelve nor of less than
eight such companies ; and where the number, of men raised in any county,
riding or place is not sufficient to form a regiment, the militia thereof shall be
fonned into a battalion, consisting of not more than seven nor of less than
foarsuch companies; and where the number of men raised in any county,
riding, or place is not sufficient to form a battalion of four such companies, the
militia thereof shall be formed into a corps, consisting of not less than three
sodi companies ; and that the field officers of such regiments, battalions and
eorps respectively shall in no case exceed the respective numbers and ranks
following ; (that is to say), in every regiment consisting of not less than eight
Inmdred private men, one colonel, one lieutenant colonel, and two majors ; in
erery Foment or battalion consisting of not less than four hundred and eighty
{mate men, one colonel, one lieutenant colonel, and one major ; and in every
kttdian consisting of less than four hundred and eighty private men, one
Uenkeoant isolonel and one major; and in every corps consisting of three
en^aies, one lieutenant colonel or major, and no other field officer : Provided
ilny8,Siat no colonel or field officer in the militia shall be a captain of a
eonpioj: Provided also, that every battalion consisting of five companies or
opvinls may have one company of grenadiers or light infantry, to which two
lieoteDants shall be appointed instead of one lieutenant and one ensign ; and
thit every regiment may have one company of grenadiers and one company
of light infantry, to. each of which companies two lieutenants shall be appointed
iDstotd of one lieutenant and one ensign : Provided also, that to every com**
pny consisting of ninety private men and upwards there may be two
fieatenants and one ensign, or three lieutenants, as the case may be.
LXIX. Provided always, that if his Majesiy shall at any time direct that
any proportion of the said militia shall be trained and exercised to the service
(^any artillery that may be attached to any regiment or battalion, it shall and
may be lawful for his Majesty to direct that a supernumerary officer or officers
of the said regiment or battalion of such rank as his Majesty shall order, and
being duly qualified as aforesaid, shall be appointed to and for the said men
80 dhected to be trained and exercised as aforesaid.
LXX. And be it further enacted, that in the several counties, ridings, and
places, where the number of militia men shall not be sufficient to form a regi-
ment, battalion, or corps of four companies, according to the intent and
meaning of this Act, the militia of such counties, ridings, and places shall be
fonned into independent companies, each company to consist of one hundred
and twenty private men at the most, and sixty private men at the least, with
one captain, and one Heutenant, and one ensign, to each company ; and that
his Majesty may, whenever he thinks proper, order any number of such inde-
pendent companies of the militia of different counties, ridings, or places, to be
joined together to form a regiment, battalion, or corps as aforesaid, or to be
incorporated with any other regiment, battalion, or corps of militia : Provided
How the i^n-
mentsofmmtia
shall be fonned
and officered.
HiflMijesty
may direct
sapermuneraTj
officers to be
appointed to
men trained to
the Benrioe of
artillery.
How inde-
pendent com-
panies shall be
formed, which
hisBiaJesty
may order to
form a corps,
or be incorpo-
rated with any
other coips.
n
96
42 George ITI. c. 90.
A.D. 1801-2.
Lieutenant
may act as
commandant
of the militia,
when there
shall not be
any other ap-
pomted, bat
shall only com-
mand one corps
at once ; and
shall have the
rank of colonel,
but shall not
haye greater
pay than the
proper com-
mandant would
be entitled to.
A lieutenant
colonel who
has been com-
mandant of a
battalion for
five years while
embodied, may
have a commis-
sion of colonel.
How the militia
are to be offi-
cered, where
the numbers
are not suffi-
cient for a re-
giment.
Militia officers
accepting com-
missions of the
same rank in
any other regi-
ment to rank
in the service
according to
the dates of
vacated com-
missions.
When a com-
mandant shall
always, that the number of companieB in any such regiment, battalion, or
corps be not thereby made to exceed the number of companies of which a
r^ment, battalion or corps of militia is herein-before directed to consist
• ••••••••
LXXTL And be it further enacted, that it shall be lawful for the lieutenaat
of any county, riding, or place, to act as commandant of any regiment, batta-
lion, or corps of militia for such county, riding, or place, for and during such
time as there shall not be any colonel or other commandant appointed to such
regiment, battalion or corps ; but no such lieutenant shall at any one time act
as commandant of more than one body of militia, whether regiment, battalion
or corps ; and where the lieutenant of any county, riding, or place, shall take
the command of any militia of the said county, riding, or place, not being
according to the proyisions of this Act sufficient to form a regiment or batta-
lion to be commanded by a colonel, such lieutenant shall notwithstanding be
entitled to the rank of colonel, unless such militia shall be united with tlie
militia of any other county, riding, or place as aforesaid : Provided always,
that no such lieutenant shall, in virtue or by reason of any such command as
aforesaid, receive any greater pay tban the prop^ commandant of such coipa
would be entitled to.
LXXIIL And be it further enacted, that when a battalion of militia k
commanded by a lieutenant colonel, who shall have been commandant of the
same for five years or longer while embodied, it shall be lawful for the lien-
tenant of the county, riding, or place, to which such battalion shall belong,
with the approbation of his Majesty, to give to such lieutenant colonel com-
mandant a commission of colonel
LXXIV. And be it further enacted, that in any county, riding, or place,
where the number of ])rivate men is sufficient to form a battalion of less tban
four hundred and eighty private men, but not less than three hundred and
sixty private men, it ^all be lawful for the lieutenant of such county, riding,
or place, to appoint three persons, qualified according to the directions bf this
Act, to serve with the rank of colonel, lieutenant colonel, and major, but with
no higher pay than if they were appointed lieutenant colonel, major, and cap-
tain respectively ; and where the niunber of private men shall be sufficient to
form three companies of sixty private men at the least, but not sufficient to
form four companies as aforesaid, it shall be lawful for the said lieutenant to
appoint two persons qualified as aforesaid to serve with the rank of lieutenant
colonel and major respectively, but that only one of them shall be entitled to
any higher pay than that of captain ; and where the number of private militia
men is not sufficient to form more than two companies of sixty private men at
the least, the eldest captain shall serve with the rank of major, but shall only
be entitled to the pay of captain.
LXX V. And be it further enacted, that every officer of any militia regiment,
battalion, or corps, being duly qualified, who may have accepted or shall accept
a commission or appointment of the same rank in any other militia regiment,
battalion, or corps, and shall thereby vacate his former commission, shall
continue to rank in the general service according to the date of his commission
or appointment of the same rank in the militia, so vacated as aforesaid
LXXVL And be it further enacted, that when any colonel or other com-
mandant of any regiment, battalion, or corps of militia shall be absent from
AJ>. 1801-2.
42 Oeobgk III. c 90.
97
and until he shall return to Great Britain, and shall have
notified his arriYal to the derk of the peace of the county, riding, or place to
^vhich such regiment, battalion, or corps shall belong, and to the commanding
offieer and adjutant thereof, it shall be lawful for his Majesty, by warrant
under his sign manual, to direct and order that the officer next in command,
'wbo shall be residing in Great Britain, shall in all cases act and serve as the
eonunandant of such regiment, battalion, or corps ; and all powers and autho-
rities which might have been exercised by such colonel or other commandant
so absent as aforesaid, while resident in Great Britain, shall be vested in and
exerased by the officer next in command in such regiment, battalion, or corps,
wlio shall be resident in Great Britain ; and from and after issuing the said
^varrant as aforesaid, all matters and things which ought to be transacted and
done by any other person or persons with such colonel or other commandant
wiiilst resident in Great Britain, shall be transacted and done during the time
aforesaid with such officer so next in command as aforesaid, who shall be
TeBi£]ig in Great Britain ; and all money directed to be issued or paid to or
to the order of such colonel or other commandant for the use of such regiment,
battalion, or corps shall be issued and paid to or to the order of such officer
next in command as aforesaid ; and all acts, matters, and things, done by and
with such officer so next in command as aforesaid, during the time aforesaid,
^vhodi are or shall be authorized or required to be done by or with such colonel
or iAet commandant when in Great Britain, shall be good and valid as if
done ly or with such colonel or other commandant; and during the absence
firm Grent Britain of the colonel or other commandant of such raiment,
ImMiaa or corps, and until he shall return to Great Britain and notify his
airral as ^aforesaid, the officer next in conmiand in such regiment, battalion,
or OENrps, who shall be residing in Great Britain, shall appoint the regimental
or battalion derk and agent to such regiment, battalion, or corps, in the same
manner as such oolond or other commandant might have done, and shall take
aeenrity from such agent, and shall be and is hereby made subject and liable
to make good all deficiencies that may happen fix>m the said agent or fit>m
Bimself upon account of the pay, clothing, or public stock of such regiment,
battaKon, or corps : Provided always, that such officer so next in command as
aforesaid, who shall assume the powers so ^ven to him as aforesaid, in con-
seqnenoe of the absence fixMn Great Britain of his colonel or otiier commandant,
shall, within seven days after he shall assume any sndi powers, notify ihe
absence from Great Britain of such cokmel or other commandant to the lieu-
tenant of the county, riding, or place, and also, when the regiment^ battalion,
or corps shall be in actual service, to the secretary at war : Provided also,
that if any such coionel or other commandant as aforesaid shall have given
any orders for doathing or other necessaries, or for aocoutremeniJi, which
ongbt to be provided in due course or in pursuance of any order by proper
aathority at the time when such order shall be given, for the use of his regi-
ment^ battalion, or oorpsj, and if before sndi orders shall be completed, or after
the same, shall be completed and before the money shall be issued for the
asmey such colonel car <^her c<Nnmandant shall leave Great Britain, the orders
so giv^i by such colonel or other commandant shall nevertheless be completed
and the money to be issued in respect tiiereof shall be paid to the order of
SBch colonel or other CMnmandant, notwithstanding his absence from Great
vol- IV. o
be absent from
Great Britain,
his Majesty
may direct the
officer next in
oonunaod to
act, who fhall
be vested with
the powers of
the command-
ant tin the
commandant
shall return
and notify his
arrivaL
Theoficer
dcjU in com-
maod shall,
within flCTca
days aftrr
aasimiiD|r the
noUfy thfe ab-
sence of the
commaouaoi to
the Ijcoteaaal,
and whcoia
actual senriee
lo the secretary
atwar*
0i^tn fpwtn
by a com-
maadaatfor
dochioi^ or
shall be com-
pleted, and the
money paid
to his order.
98
42 Georqe III, c 90.
A.D. 1801-2.
though he may
leave Great
Britam; as
shall the orders
given by the
officer next in
command
during the
absence of the
commandant,
though he may
return.
His Majesty
shall appoint
as adjutants
officers who
have served
five years in
the army or
embodied
militia, who, if
in the army,
shall retain
their rank.
Adjutants may
have rank
as captains,
but not above
captains of
companies,
and shall not
be entitled
to higher pay
than that of
adjutant.
To corps of not
less than two
companies of
sixty men each,
a surgeon may
be appointed.
Surgeons, when
the militia is
embodied, to
receive the pay
and allowance
of surgeons of
Britain as aforessaid ; and in like manner if any officer so next in^oonunand as
aforesaid shall, in consequence of the absence from Great Britain of his colonel
or other commandant, and under the authorities given to him as aforesaid,
give any orders for cloathing or other necessaries, or for accoutrements, which
ought to be provided in due course or in pursuance of any order by proper
authority at the time when such orders shall be given, for the use of his
regiment, battalion, or corps, and before such orders shall be completed, or
after the same shall be completed and before the money which ought to be
issued shall be issued for the same^ the colonel or other commandant diall
return to Great Britain and notify his arrival as aforesaid, the orders so given
by such officer so next in command as aforesaid shall be completed^ and the
money to be issued in respect thereof shall be paid to the order of such officer,
notwithstanding the return of such colonel or other commandant as aforesaid.
LXXYIL Ai^D be it further enacted, that his Majesty may and shall appoint
one proper person, who shall have served in some of his Majesty's other foms
or in the militia while embodied, for the term of five years at the least, to be
an adjutant to each regiment, battalion, and corps of militia ; and such adja«
tant, if appointed out of his Majesty's other forces, shall during his servioeis
the militia preserve his rank in the army in the same manner as if he had
continued in that service ; and it shall be lawful for the lieutenant of ny
county, riding, or place, on the recommendation of the colonel or other com*
mandant of any regiment, battalion, or corps of militia, raised within sadb
county, riding, or place, to appoint the adjutant of such regiment, battalion, or
corps, to serve with the rank of captain, provided such adjutant shall have
served five years in the militia while embodied, or in his Majesty's otber
forces, : Provided always, that no such appointment
to the rank of captain shall be valid, imless in the instrument granting iihe
same it be specified in what regiment, battalion, or corps of the militia^ while
embodied, or of his Majesty's other forces, such adjutant hath served, and what
was or were the date or dates of his commission or commissions : Provided'
also, that no adjutant so appointed to serve with the rank of captain shall by
virtue of the date of such appointment as aforesaid or otherwise be entitled
to rank above or to command any captain of a company in the militia : Pro-
vided also, that no such adjutant shall, by reason of any such appointment as
aforesaid, be entitled to receive any greater or other pay than that of adjutant
LXXVIIL And be it further enacted, that in every case where the number
of private militia men raised in any.county, riding, or place, is sufficient to
form a regiment, battalion, or corps of militia, consisting of not less than two
companies of sixty private men each at the least, it shall be lawfiil for the
lieutenant of such county, riding, or place, with the approbation of his Majesty,
to appoint one fit and proper person, who shall have passed an examination at
Surgeon's Hall, and received his certificate accordingly, to be surgeon of such
regiment, battalion, or corps ; and every such appointment shall recite the
certificate of the person so appointed, and an attested copy thereof shall be
transmitted to and filed with the clerk of the general meetings ;
. . . . and every such surgeon so appointed as aforesaid shaU, during the
time of the militia to which he shall belong being embodied, receive the pay
and allowance of a surgeon of infantry in his Majesty's other forces, and be
subject to the like rules, restrictions, and directions in every respect, as far ^^
iD. 1801-2.
42 Qeorge ill c. 90.
99
tfie same may be applicable ; and no such surgeon shall be capable of holding infimtry, bat
any other oonunifision in such militia, or of receiving any pay in respect of any ^^} ^ ^mm?°^
other commission in such militia, during the time of his being such surgeon as sion.
sforesaid
TiXXix. And be it further enacted, that in every case where the number of In corps con-
prirafce militia men raised in any county, riding, or place, is sufficient to form fe^^^^seo
a regiment or battalion, censistuig.of. not less, than three hundred and sixty privates, a
pivjie men, it shall be lawful for the colonel of such regiment or battalion, ^T^e ^^^^
with the approbation of his Majesty, to appoint one fit and proper person who pointed, who
h& served in his Majesty's other forces, or in the embodied militia, to be the raWte^ but*
quarter master of any such regiment or battalion respectively ; and it shaU be ^^^^ ^^^ ^^^^
kwM for the Jieutenant of the county, riding, or place for which such regi- SLion?"
meiit or battalion shall belong, on the recommendation of the colonel thereof,
to appoint such quarter master to serve with the rank of lieutenant or ensign,
: Provided always, that such quarter master shall not
be opaUe of holding any commission or receiving any pay in respect of any
eommiSBion in any company in the militia, during the time of his being such
quarter master as aforesaid.
LXXX. And be it further enacted, that the colonel or other commandant of To corps con-
e?ery regiment, battalion, or corps of militia, consisting of not less than three J^^s^^t^^
tassjtam, when such regiment, battalion, or corps is not in actual service, may companiea a
■ppifflil* regimental or battalion derk, who shall execute the office of pay- dST^be
naster,kk where the number of private men shall not be sufficient to form appointed to act
ti»w companies of sixty private men at the least, no derk shall be allowed, b^nhTmoney
te A? receiver general of the land tax, and all other persons required by this payable in
Ad to remit or pay any money to any regimental or battalion derk, in respect smaller corp'^
of the militia or on behalf of any men serving, shall remit and pay all monies ^^ ^ P*^^
to he paid in respect of such company or companies or, on, b^hajf pf any man^ manding
Mving therein to the commanding officer thereof, which commanding officer <'®^'-
sbaD account for the same in like maimer in every respect as a regimental or
Ittttalioii derk.
LXXXT. And be it further enacted, that no adjutant, surgeon, regimental or No adjutant,
litttalion clerk, paymaster or quarter master in the militia, shall be capable of ^^d^*^
being i^pointed captain of a company, nor shall any person holding tibe com- of a company,
missioii of captain of a, company be capable of being appointed adjutant, "f a^mp^"*
surgeon, r^imental or battalion derk, paymaster, or quarter master of militia. *<> ^ appointed
• *••*•••• adjutant, &c
DjXXXTIL*} And be it further enacted, that seijeants, corporals, and Thepropor-
dmmmers shall be appointed to the militia in the following proportions ; (that *^^^ ?^ .°®°\
is to say,) when, not in actual service there shall be one serjeant and one officers and
eorponil to every thirty private men, and when the militia shaU be drawn ^'?'*™«^ ^^
out into acraal service an addition shall be made, so that there shall be one
Serjeant and one corporal to every twenty private men, and when not in
•cfcoal service^ tliere shall be one drummer to every company, with an addition
of one drummer for each flank company of regiments or battalions, consisting
of five or more companies as aforesaid ; and when the militia shall be drawn
I* This section, so far as it provides what shall be the staff of the disembodied
iQilitia, or the pay of such staff, is rep., Stat Law Rev. Act, 1872.2
a 2
I-
P
4
100
42 George HI c. 90.
A.1). 1801-2.
Serjeant
majors and
dram nugors
may be ap-
pointed.
No publican
shall serve as a
Serjeant, &c.
An additional
corporal may
be appointed
where there is
a surplus of 15
men above the
proportion of
30 men to a
seijeant and
corporaL
Commandants
may discharge
sei;)eant8, &c,
and appoint
others.
Extra dram-
mers may be
kept as ftfers or
musicians, at
the ezpence of
the regiment.
out into actual service there shall be an addition of one drummer to every
company so drawn out, and the daily pay of every such serjewit, corporal,
and drummer respectively, when not in actual service, shall be as foUows ;
(that is to say,) of every serjeant, one shilling and sixpence ; of every corporal,
one shilling and two-pence ; and of every drumipier, one shilling ; and such
Serjeants, corporals, and drummers shall be new clothed, when not in actual
service, once in two years ;...«•••«•
And the colonel or other commandant of every regiment, battalion, or corps,
consisting of two or more companies, may appoint a serjeant major, and the
colonel or other commandant of every regiment, battalion, or corps, consisting
of three or more companies, may appoint a drum major ; and that all Serjeants,
corporals, and drummers, having received any pay as such from any regiment,
battalion, or corps, shall be deemed to be engaged and compellable to serve in
such regiment, battalion, or corps, imtil they shall be legally discharged : Pro-
vided always, that no person who shall keep any house .of public entertain-.
ment, or who shall sell any ale or wine, or any bhmdy or other spirituous
liquors by retail, shall be capable of being appointed, or of serving or receiving
pay as a serjeant, corporal, or drummer in the militia : Provided always, that
if it shall happen that in any regiment, battalion, or corps, there shall be a
surplus of fifteen private men or upwards, after the appointment of one ser-
jeant and one corporal to every thirty private men, such regiment, battalion,
or corps shall be entitled to have one additional corporal, when not in actual
service, for such surplus number of men-
LXXXIV. And be it further enacted, that any seijeant, corporal, or drum-
mer, may be discharged by the colonel or other commandant, and the said
colonel or other commandant may appoint any proper person in the room of
every serjeant, corporal, and drummer, who shall die, desert, or be discharged, '
Serjeants of
Chelsea hos-
pital and oDt
LXXXV. And be it further enacted, that in case his Majesty's lieutenant
for any county, riding, or place, or the colonel or Other commandant of any
regiment, battalion, or corps of militia, shall be desirous of keeping up a
greater number of drummers than is herein directed to be employed as fifers
or musicians for the use of any such regiment, battalion, or corps, and shall be
willing to defray the expence of such additional drummers, it shall and may
be lawful for such lieutenant or colonel or other commandant to retain in
their respective regiments, battalions, or corps, any number of the drummers
employed or to be employed, as fifers or musicians therein, over and above the
number established by this Act, or at any time hereafter to engage any addi-
tional number of drummers to act as fifers or musicians in their respective
regiments, battalions, or corps ; and all such drummers so retained or in
future engaged to serve in any such corps as fifers or musicians shall be deemed
drummers of militia within the meaning of this Act, to all intend and pur-
poses whatsoever, and shall be. subject to the same orders, regulations, penalties,
and punishments, as other drummers of militia are by this Act subject, and
shall continue to serve as drummers so long as they shall receive the same
pay and clothing as other drummers have, or better clothing in lieu thereof,
and no longer.
LXXXVI. And be it further enacted, that any person able and fit to serve,
being a serjeant on the establishment of Chelsea hospital at the allowance of
•'
AJ>. 1801-2.
42 Oeoboe til c. 90.
101
twelve-pence per day, or being an oat-pensioner on the estabUshment of the
said hospital at the allowance of five-pence a day, and being appointed to
serve as a serjeant in the militia, may and shall receive the said allowance of
twelve-pence a day or five -pence a day respectively, together with his pay
from the said militia ; and any person who shall have faithfully served as a
Serjeant^ corporal, or drummer in the militia for twenty years, and who shall
be dischaiged on account of age or infirmity, shall, on the recommendation of
the colonel or other commandant of the regiment, battalion, or corps to which
he belongs, and the lieutenant or two or more deputy lieutenants of the
oounty, riding, or place to which the said regiment, battalion, or corps belongs,
or (on the death or removal or in the absence of the said lieutenant) on the
recommendation of the colonel or other commandant and three or more deputy
lieatenants of such county, riding, or place, be entitled to examination at the
Chelsea board,, and be capable of being placed on the establishment of the said
hoBpital at the pension of five-pence per diem, if the said board should judge
him deserving thereof.
LXXXYII And be it further enacted, that the said militia to be raised as
afores^d shall be called out once in every year, for the purpose of being
tauned and exercised for the space of twenty-one days ; and in every county,
Tidiiig, or place, in which it shall have been appointed that the whole of such
mSitAafihaU not be trained or exercised at the same time, then the respective
parts tkceof shall be trained and exercised successively, until the whole of
tlie men serving for such county, riding, or place, shall have been trained and
ex&daed for the space of twenty-one days ; and that for the pmrpose afore-
said the men serving for such county, riding, or place, shall be called out to
he so trained and exercised in such manner and in such proportion, at such
tame or times, and place or places, in such county or riding as shall be
j^^pointed,
LXXXVIIL Provided always, and be it enacted, that whensoever any
regiment, battalion, or corps to be raised under this Act shall have been dis-
embodied as herein-after directed, it shall and may be lawful for his Majesty
to order and direct that such regiment, battalion, or corps, shall not be trained
or exercised in mannelr as is herein-after directed for the space of twelve
calendar months, to be calculated from the day on which it shall have been so
disembodied, or for such number of months not exceeding twelve months as
Ids Majesty shall think fit.
LXXXIX. And be it further enacted, that during such time as any militia
shall be assembled for the purpose of being trained and exercised all the
clauses, provisions, matters, and things contained in any Act of Parliament
which shall then be in force for the punishing mutiny and desertion, and for
the better payment of the army and their quarters, and in the Articles of War
made in pursuance of such Act, shall be in force with respect to such militia,
and to all the officers, non-commissioned officers, drummers, and private men
of the same, in all cases whatsoever, but so that no punishment shall extend
to life or limb ; and that it shall be lawful for the officer commanding and
present with any detachment or division of militia called out to exercise under
any of the provisions of this Act, not being under the rank of captain, to
order, when be shall think it necessary, a regimental coiu*t martial to be held
for the trial of any offence committed by any serjeant, corporal, drummer, or
penaoneri nuiy
reoeive their
allowancet
therefrom
together with
their pay in
the militia.
Seijeants, &c.
having senred
in the mifitia
80 years may
receive the
Chelsea pen-
non.
Militia of eveiy
county shall
be exercised 21
days annually,
and shall be
called out for
that purpose
either at the
same time or
successively at
such times and
places as shall
be appointed.
When any
regiment shall
have been dis-
embodied his
Majesty may
order it not to
be trained for
twelve months.
During the
time of ex-
ercise the
Mutiny Act
and Articles
of War shall
be in force
with respect
to the militia,
but no punish-
ment shall
extend to life
or limb.
Officer com-
manding any
divbion of
militia called
into exerdse^
not being
* .
i
t
{
under the rank
of captain, may
order courts
martial to be
held, and the
commandant
of the regi-
ment, on appli-
cation, shall
order a suffi-
cient number
of officers to
attend, but the
sentence shall
be submitted
to the com-
mandant.
102
42 George IIL c. 90.
A.D. 1801-2.
private man under and during his command ; and if a sufficient number of
officers shall not be present to constitute such court martial, it shall be lawful
for the commanding officer of the regiment, battalion, or corps of militia, to
which any such detachment or division of militia shall belong, and he is
hereby required, upon application made to him by the officer commanding
such detachment or division for that purpose, to order a sufficient number of
officers of proper rank to attend for the purpose of assisting at such court
martial, who shall forthwith attend the same, and assist as members thereof;
and the sentence of every such court martial shall in every case be submitted
to the colonel or other commandant of the regiment, battalion, or corps to
which such detachment or division shall belong (or in his absence from the
county, riding, or place) to the senior field officer within the same, for his
approval thereof, who shall cause such sentence to be put in execution, mitigated,
or remitted, as he shall in his discretion think best for the service.
^
\
Fay of men
called out to
exercise to
commence on
their joining,
but to such as
have been pre-
vented joimng,
the command-
ing officer may
direct an allow-
ance to be
made, on a
satisfactory
certificate.
Militia men
falling sick on
the march may
be relieved by
warrant of a
justice, and the
expence shall
be reimbursed
by the county
treasurer.
s
?•
Magistrates
*■ . may billet the
\ militia when
called out to
^ annual exer-
< cise, and when
^' not embodied
may order
1 lodgings, &c
M . for the non-
< commissioned
y officers and
drummers.
XCII. And be it further enacted, that the pay of every person enrolled to
serve in the militia of any county, riding, or place, when not embodied and
called out into actual service, and who i^all be called out for the purpose of
being trained and exercised as aforesaid, shall commence upon the day on
which such person shall join the regiment, battalion, corps, detachment, or
division to which he shall belong, and not before : Provided always, that if
such person shall have been prevented joining such regiment, battalion, corps,
detachment, or division, by sickness or other sufficient cause, and shall produce
to the commanding officer thereof a satisfactory certificate of such sickness or
other sufficient cause, it shall be lawful for the commanding officer of such
regiment, battalion, corps, detachment, or division, and he is hereby required, to
direct an allowance of pay to be made to the person so prevented, according
to the time mentioned in such certificate as aforesaid. -
XCIII. And be it further enacted, that, in case any militia man shall, on his
march to the place where he shall be ordered to attend for the annual exercise,
be disabled by sickness or otherwise, it shall be lawfiil for any one justice of
the peace of the county, riding, or place, or any mayor or chief magistrate of
any city, town, or place where such man shall then be, by warrant under his
hand and seal to order him such relief as such justice, mayor, or chief magis-
trate shall think reasonable, and the same shall be given by the officers of the
parish, tything, or place where such militia man shall then be ; and the officers
giving such relief shall, upon producing an account of the expences thereof to
the treasurer of the county, riding, or place for which such militia man shall
serve (such account being first allowed imder the hand of a justice of the
peace), be reimbursed such expences by such treasurer, who shall be alloTfed
the same in his accoimts.
XCrV. And be it further enacted, that it shall be lawful for all mayors,
bailiffs, constables, tythingmen, headboroughs, and other chief magistrates and
officers of cities, towns, parishes, tythings, and places, and (in their default or
absence) for any one justice of the peace inhabiting within or near any city,
town, parish, tything, or place (but for no others), and they and he are and is
respectively hereby required, to quarter and billet the officers, non-commissioned
officers, druijimers, and private men serving in the militia at the times when
they shall be called out to annual exercise, in inns, livery stables, alehouses,
A J). 1801^2.
42 GfiOBGE ni & 90.
103
victoaDing houses, and all houses of persons selling brandy, strong waters,
^der, wine, or metheglin by retail, upon application made to any such mayors,
\mliSby ooDStables, tythingmen, headboroughs, or other chief magistrates or
€ffic8i8,byhis Majesty's lieutenant, or by the colonel or other commanding
officer of the militia, of the county, riding, or place, where they shall be so
eaUed out to exercise as aforesaid ; and when the militia is not embodied, nor
called oat to exercise as aforesaid, all mayors and other chief magistrates and
cffioeiB afaresaid, or (in their defieiult or absence), any one justice of the peace
as aforesaid, may and they and he are and is hereby respectively required to
ocder aod provide convenient lodgmg with fire and candle in such houses as
aforesaid for the seijeants, corporals, and drummers of the militia.
ICV. And be it further enacted, that when the militia shall be called out ^"^^^^^^^^^jt^
to be teained and exercised, any justice of the peace of any county, riding, or forimpressing
place, being thereunto required by an order from the lieutenant or from any ^^^'^^^ ^?^
depaty lieutenant of such county, riding, or place, or from the colonel or other when called out
eommanding officer of any regiment, battalion, corps, detachment, or division ^ exercise,
of militia, being within such cdonty, riding, or place, may and shall issue his
mnant to the chief constables of hundreds, rapes, lathes, wapentakes, or
dmoQs, or to the constables, tythingmen, headboroughs, or other officers of
^ ttvcral parishes, tythings, or places, from, through, near, or to which any
nriiiTcpment, battalion, corps, detachment, or division of militia shall be
oidoelW inarch, requiring them to provide such sufficient carriages to convey
theanoa^elothes, accoutrements, ammunition, and other stores, with able men
todmfesach carriages, as shall be mentioned in the said order;: and in case
flK& sufficient carriages and men cannot be provided within any such county,
ndiog, hundred, rape, lathe, wapentake, division, parish, tything, or place,
i&en any justice of the peace for any adjoining county, riding-, or place, may
and shall, upon such order as' aforesaid being shewn unto him^ issue his
warrant to the chief constables, constables, tythingmen, headboroughs, or other
offieers of any hundred, rape, lathe, wapentake, division, parish, tything, or
place within such adjoining county, riding, or place, for the purposes afore-
said, to make up such deficiency of carriages and men ; and such lieutenant, Katee to be
deputy lieutenant, or colonel, or other commanding officer, requiring such car- Sagefc "^ ^^'
riages and men to be provided as aforesaid, shall at the same time pay to
every such chief constable, tythingman, headborough, or other officer, for the
use of the person or persons who shall provide such carriages and men, the
sum of one shilling for every mile any waggon with five horses, and any wain
with six oxen, or with four oxen and two horses, shall respectively travel ;
and the sum of nine-pence for every mile any such cart with four horses shall
tiavel, and so in proportion for any carriages drawn by any less, number of
horses or oxen ; for which respective sums every chief constable, constable,
tythingman, headborough, or other officer receiving the same is hereby required
to give a receipt to the person pa3ring the same ; and every such chief con-
stable, constable, tythingman, headborough, or other officer shall order and
appoint such person or persons having carriages within their respective hun-
dreds, rapes, lathes, wapentakes, divisions, parishes, tythings, or places, as they
fihall think proper, to provide and furnish such carriages and men, according to
the warrant aforesaid ; and every person so ordered is hereby required to pro-
vide and furnish the same accordingly for one day's journey, and no more; and
104
42 Geoboe ni. c. 90.
A.D. 1801-2.
I.
I-
t
in
t
i
[
If the ezpence
exceed the
rates the oyer-
ploB shall be
repaid by the
eounty
treasurer.
Militia men
when called
ottt to exercise
may be pat
under stop-
pages for pro-
yiiting them
with linen, &o.
Iletums of the
militia when
called out to
be exercised,
to be made by
the colonel, &c.
to the lieu-
tenant, &c.
Penalty for
neglect.
Captains of
companies shall
make out a
return in the
form in the
schedule (F.)
for the adju-
tant, or where
none, for the
in case any such chief constables, constables, tythingmen, headboroughs, or
other officers shall be at any charges for such carriages over and above the
money which shall be so received by them as aforesaid^ such overplus shall be
borne by every county, riding, or place where such additional expence shall be
incun'ed, and be repaid to them without fee or reward by the treasurer of
every such county, riding, or place, out of the publick stock.
XCVI. And be it further enacted, that when any regiment, battalion, or
corps of militia, or any detachment or division thereof as aforesaid shall be
assembled for the purpose of being trained and exercised, it shall be lawful for
the captain or commanding officer of every company to put the militia men of
his company under stoppages, not exceeding four-pence per day, for the pur-
pose of providing them with linen and also with other necessaries, and for
defraying the expence of repairing any arms which shall have been broken or
damaged by any such militia, man's neglect : Provided always, that every such
captain or commanding officer shall account with each militia man for such
stoppage, and after having deducted what shall have been laid out and paid
for necessaries, and for repairing the arms as aforesaid, shall pay the sum
remaining (if any there shall be) into the hands of the militia man to whom
the same belongs, before such mUitia man shall be dismissed from such
training and exercise.
XCVIL And be it further enacted, that the colonel or other commanding
officer of every regiment, battalion, and corps of militia, as often as his regi-
ment, battalion, or corps shall be called out to exercise as before directed, and
within fourteen days from the time of assembling, shall and he is hereby
required to return to the lieutenant of the county, riding, or place to which
the same belongs, a true state of such regiment, battalion, or corps, and a
duplicate thereof to the clerk to the general meetings to be filed ; and where
the militia of any county, ridir^, or place, shall be so ordered to be trained
and exercised in parts or proportions successively in manner directed by this
Act, the officer commanding every such part or proportion for the time being
shall within seven days after the assembling of such part or proportion make
a return of the state of the militia exercised by him or under his command to
the colonel or commanding officer of the regiment, battalion, or corps, to which
the militia so exercised shall belong, on pain of forfeiting twenty pounds for
every such omission ; and the colonel or commanding officer receiving such
returns shall, within fourteen days after all the returns of men belonging to
his regiment, battalion, or corps, who shall have been so assembled, shall have
been received by him, transmit a general return to the lieutenant of the
county, riding, or place, to whigh such militia shall belong, and a duplicaie
thereof to the clerk of the general meetings to be filed ; and in case any oflBcer
shall refuse or neglect for three months after the time herein appointed for
making such returns so to do, he shall for every such offence forfeit and pay
the sum of fifty pounds.
XC VIII. And be it further enacted, that the captain or commanding officer
of every company of militia called out to exercise under this Act shall, duiing
the time of such exercise, make out a correct and accurate return of the state
of the classes of the men belonging to his company, arranged according to the
form in the schedule to this Act annexed marked (B'.), specifying the several
particulars therein mentioned and the subdivision to which every such x^^
AJX 1801^2.
42 Oeobge ill a 9Q.
105
ahaU belong, and shall deliver or transmit the same to the adjutant of the r^-
ment, battalion, or ecxrps, or where there shall be no adjutant to the command-
ing officer of the militia of the county, riding, or place to which such company
shall belong; and such adjutant or commanding officer (as the case may be)
sliall within one month after every such exercise as aforesaid prepare and
make out a general and accurate return of all such classes according to such
&nn and with such specification as aforesaid, and shall transmit the same to
the derk of the general meetings, and shall also transmit to the clerks of the
flubdiviBicHL meetings within the county, riding, or place, to the militia of
which he shall belong, extracts of such return, containing the state of the
dlaases of men belonging to their respective subdivisions ; and such subdivision
derks shall forthwith correct the books of enrolment of their respective sub-
divifiioQs 80 as to correspond accurately with such return, and the clerk to the
gousral meetings shall forthwith, upon receipt of such return as aforesaid, and
witUn two months after the expiration of such exercise as aforesaid, make
QiQtaiid transmit to one of his Majesty's principal secretaries of state correct
ahikndB of all such returns as aforesaid, made out in the form in the schedule
nuked (G.) to this Act annexed; and every person so required as aforesaid to
vakeiny sach return, who shall refuse or n^lect to make the same in maoner
ibcesud at the period hereby required for that purpose, shall for every such
(A&ttfufeit and pay the sum of fifty pounds.
commanding
officer, who
shall make oat
a general re-
tarn, and trans-
mit the same to
the clerk of the
general meet-
ings, and neces-
sary extracts
tio the clerk of
the sabdivi-
sionSy who shall
correct their
books of enrol-
ments there-
from.
Clerk of the
general meet-
ing, within a
certain period,
shall transmit
to the secretary
of state an ab-
stract of returns
in the form in
schedule (6.)
Penalty for
neglecting to
m^e returns.
C iiDbe it further enacted, that in case any militia man shall desert or
abeotiioiself from his duty, and shall not return and voluntarily surrender
luDseff to the adjutant or other officer, commissioned or non-commissioned,
nmmjing at the city, town, or place where the arms of the regiment, bat-
^n, or corps to which he shall belong shall be deposited, or shall not be
Ukea within the space of three months fix)m the time of his so deserting or
sfasenting himself, then upon certificate thereof from the commanding officer of
the regiment, battalion, or corps to which he belonged to the deputy lieu-
tenants at any of their « meetings for the subdivision for which such militia
man vas enrolled, such deputy lieutenants or any two or more of them are
i^ereby required to hold a subdivision meeting, and to proceed to ballot for
anoiber person to serve and be returned to such regiment, battalion, or corps,
in the room of such militia man ; and in case such militia man shall at any
time thereafter return or be taken, he shall, notwithstanding any person shall
have been chosen in his room, be compelled to serve in the same manner and
far the same term as if no person had been so chosen in his room.
CL And be it further enacted, that all muskets delivered for the service of
the militia shall be marked distinctly in some visible place with the letter
(M ), and the name of the coimty, riding, or place to which they belong ; and
in case any militia man shall sell, pawn, or lose any of his arms, clothes,
accoutrements, or ammunition, or neglect or refuse to return the same in good
order to his captain car to the person appointed to receive the same, every such
militia man shall for every such ofience forfeit and pay a sum not exceeding
three pounds ; and if such militia man shall not immediately pay such penalty,
the justice of the peace before whom he shall be convicted shall commit him to
the house of correction, to be kept to hard labour for any time not exceeding
three months, or until he shall have paid the said penalty.
If men absent
themselres and
do not return,
or are not taken
within three
months, others
shall be bal-
lotted for in
their room.
Wheneyersoch
men return or
are taken, they
shall be com-
pelled to serve.
Muskets shall
be mailed, and
if any men sell,
pawn, or lose,
their arms, &c.,
or neglect to
return them in
good order,
they shall for-
feit not exceed-
ing 3/., or shall
be committed
for not exceed-
ing three
months.
I
106
42 Geosoe III. & 90.
AD. 1801-2.
:
I ^/
*•■
N«
fr '
N<m-commi»-
gioned officers
and drammers
may be reduced
to serve as
privates for a
certain period,
and if not then
restored, shall
be discharged.
Arms, &c.,
when the mili-
tia is not em-
bodied, to be
kept in a place
appointed by
the command-
ant, with the
approbation of
the lieutenant.
Non-commis-
sioned officers
and drammers
shall reside
where the arms
are kept, and be
under the com*
mand of the
adjutant, and
monthly re-
tains of their
state shall be
made by him,
or in his ab-
sence by the '
seijeant major,
&c. to the
secretary of
state, the lieu-
tenant of the .
county, and the
commandant of
the corps.
Serjeants, &c.
absent without
leave to forfeit
their pay and
be deemed
deserters.
Persons con-
cealing or as-
sisting deser-
ters to forfeit
6/.
His Mi^esty
may order the
militia to be
embodied in
cases of inva-
sion, rebellion,
&c., and put
under the com-
mand of gene-
ral officers, and
led by (heir
re.spectivc offi-
cers into any
CY. And be it farther enacted, that any serjeant, corporal, or drummer ol
the militia may by sentence of a court maxtial be reduced to the omdition of
a private militia man, to serve as such during any time not exceeding fifteen
months, in case the regiment, battalion, or corps to which he belongs shall not
be then embodied or called out into actual service ; and in case the re^ment^
battalion, or corps to which he belongs shall be then embodied or called oiat
into actual service, to serve as aforesaid until the disembodying of the said
regiment, battalion, or corps, after which time or at the end of the said fifteen
months, as the case may be, if not regularly re-appointed to the rank of a non-
commissioned officer or drummer, he shall be discharged from the service.
CVI. And be it further enacted, that the arms, accoutrements, clotiiing, and
other stores belonging to every regiment, battalion, or corps of militia, when
not embodied, shall be kept in such convenient place as the colonel or other
commandant shall direct, with the approbation of the lieutenant of the county,
riding, or place ;
CVII. And be it farther enacted, that all the Serjeants, corporals, and drum-
mers in every regiment, battalion, and corps of militia shall constantly be
resident within the city, town, or place, where the arms belonging to such
regiment, battalion, or corps are kept, and shall be under the command of the
adjutant, who also shall be constantly resident within the said city, town, or
place, (unless as herein-afber provided), and shall act in such command under the
orders of the colonel or other commandant of such regiment, battalion, or coips ;
and that the adjutant, and in his occasional and unavoidable absence the ser-
jeant major, or (where there is no serjeant major) the senior serjeant shall make
monthly returns of the true state of the Serjeants, corporals, and drummers of
the regiment, battalion, or corps severally to his Majesty's secretary of state,
to the lieutenant of the county, and to the colonel or other commandant of
the said regiment, battalion, or corps, in defieiult of which, on each such neglect,
such adjutant or serjeant major shall be subject to such punishment as a couit
martial shall adjudge ; and that no serjeant, corporal, or drummer shall be
absent from such city, town, or place, without a regular furlough or licence in
writing, signed by his colonel or other commandimt; . •
and every serjeant, corporal, and drummer, who shall absent himself without
such furlough or licence, shall forfeit all pay during the time of such absence,
and be liable to be apprehended and punished as a deserter ;
• ••••••••
ex. And be it further enacted, that if any person shall harbour, conceal, or
assist any deserter, knowing him to be such, the person so oflTending shall
forfeit for every such offence the sum of five pounds.
CXI. And be it further enacted, that in all cases of actual invasion, or upon
imminent danger thereof, and in all cases of rebellion or insurrection, it shall
be lawful for his Majesty (the occasion being first conmiunicated to Parlia-
ment, if the Parliament shall be then sitting, or declared in council and noti-
fied by proclamation, if no Parliament shall be then sitting or in being,) to
order and direct the lieutenants of the said several counties, ridings, and places,
or on the death or removal or in the absence from their respective counties,
ridings, or places, of any of them, then any three or more depuiy lieutenants,
with all conve^ient speed to draw out and . embody all the regiments, batta-
AJ>. imu2.
42 Oeokge IIL c 90.
107
lions, and eorps of militia witluji their respective counties, ridings, and places
hereiii:*before appointed to be raised and trained, or so many of them, or such
part or proportion of them, or any of them, as his Majesty shall in his wisdom
judge necessary, and in such manner as shall be best adapted to the circum-
Btonees of the danger, and to put the said forces under the command of such
general officers as his Majesty shall be pleased to appoint, and to direct the
said forces to be led by their respective officers into any parts of Great Britain,
for the repelling and prevention of any invasion, and for the suppression of
any rebellion or insurrection within Great Britain ; and from the time of any
regimoit, battalion, or*corp6 of militia being called out and embodied as afore-
said until the same shall be returned again to its own county, riding, or place,
and disembodied by his Majesty's order, the officers, non-commissioned officers,
dmmineiB, and private men of every such regiment, battalion, or corps shall
be subject to all the provisions contained in any Act of Parliament which
diaU be then in force for punishing mutiny and desertion, and for the better
payment of the army and their quarters, and the Articles of War, made in pur-
suance thereof ; and all the provisions contained in every such Act and Articles
of War shall be in force with respect to the militia, and shall extend to all the
cfieen, non-commissioned officeiB, drummers, and private men of the militia,
lAuk embodied as aforesaid, in all cases whatsoever.
part of Great
Britain, and
the militia
while BO em-
bodied shall be
subject to the
Mutiny Act
and Articles
of War.
CXOL And be it further enacted, that whenever his Majesty shall cause
the m&ik t» be drawn out and embodied as aforesaid, if the Parliament shall
t&eD he separated by such adjournment or prorogation as will not expire
wiibm foorteen days, his Majesty may and shall issue a proclamation for
' ihe jaeeting of the Parliament within fourteen days, and the Parliament
dUU aceordingly meet and sit upon such day as shall be appointed by such
prochmatian, and continue to sit and act in like manner to all intents
and purposes as if it had stood adjourned or prorogued to the same day.
CXIV. And be it further enacted, that the lieutenant of every county,
ridix^, and place, or (on the death or removal of any such lieutenant, or in
his afasenoe from his county, riding, or place) any three or more deputy
iieatenants, to whom any order from his Majesty for drawing out and em-
bodying the whole of the militia of such county, riding, or place shall be
directed, shall forthwith issue his or their order to the chief constables or
c/Hier officers of the several hundreds, rapes, lathes, wapentakes, or other
divisions within their respective counties, ridings, and places, with directions
to forward the same immediately to the constables, tythingmen, headboroughs,
(ft other officers of the several parishes, tythings, and places within their
respective hundreds, rapes, lathes, wapentakes, and divisions ; and such con*
stables, tythingmen, headboroughs, or other officers are hereby required upon
receipt thereof forthwith to cause notice in writing to be given to the several
militia men, or left at their usual places of abode, within their respective
parishes, tythings, or places, to attend at the time and place mentioned in
such order.
CXV. And be it further enacted, that no officer serving in the militia shall
sit in any court martial upon the trial of any officer or soldier serving in any
of his Majesty's other forces; nor shall any officer serving in any of his
Majesty's other forces sit in any court martial upon the trial of any officer
or soldier servii^ in the militia.
When his Ma-
jesty shall so
order the militia
to be embodied,
he shall issue a
proclamation
for the meeting
of Parliament
in fourteen
days.
When the mili-
tia is ordered
to be drawn
out, the lieu-
tenants shall
issue orders
accordingly,
and the con-
stables shall
cause notice to
be given to the
men to attend.
Militia officers
not to sit on
trials of officers
or soldiers of
the other
forces, nor
contrariwise*
m
lOS
if
42 Oeoroe in. c. 90.
A.D. 1801-2.
fr
i
' r
v
w
K
If militia men
shall notappear
in pnisnance
of orders, they
shall be deemed
deserters, and
persons har-
bouring them
shall forfeit
100/.
Militia when
ordered to be
drawn out, to .
be entided to
the same pay
as othe)r in-
fimtry.
Pay of the
officers and
men who shall
not join on the
day appointed,
unless pre-
vented by
necessity, shall
oonmience only
from the day
of joining.
Pay of men
enrolled after
the militia is
embodied, to
commence
from the day
of joining, but
an allowance
may be made
them at time
of enrolment
to enable them
to join, which
shall be paid by
the clerk of the
subdivision,
who shall be
repaid by the
receiver gene-
ral of the land
tax.
When a regi-
ment is drawn
out, an agent
sh^ be ap-
CXVI. And be it further enacted, that if any person of the sidd militia
ordered to be drawn out and embodied as aforesaid (not labouring under any
infirmity incapacitating him to serve as a militia man) shall not appear and
march in pursuance of such order, every such militia man shall be liable to
be apprehended and punished as a deserter according to the provisions of
any Act which shall be then in force for punishing mutiny and desertion,
and for the better payment of the army and their quarters, and of the Articles
of War made in pursuance of the same ; and if any person shall harbour and
conceal any such militia man when ordered to be drawn out and embodied
as aforesaid, knowing him to be such militia man, every such person shall for
every such offence forfeit and pay the sum of one hundred pounda
CXVIL And be it further enacted, that from the date of his Majesty's
warrant for drawing out the militia of any county, riding, or place into
actual service, the officers and men of the militia of such county, riding, or
place shall be entitled to the same pay as the officers and men of his Majesty s
other infantry forces, and ho other ;
CXVIIL Provided always, and be it further enacted, that the pay of every
officer, Serjeant, corporal, drummer, and private man, ^ho shall not join his
regiment, battalion, or corps of militia on the day appointed for that purpose,
shall commence only from the day of his joining such regiment, battalion, or
corps, imless such officer, Serjeant, corporal, drummer, or private man shall
have been prevented from joining on the day appointed as aforesaid hy
sickness or any other inevitable necessity, to be proved to the satisfaction of
the commanding officer of the regiment, battalion, or corps, in which case
such officer, serjeant, corporal, or drummer, or private man may, by order of
his commanding officer, be accounted with for his pay from the date of his
Majesty's warrant as aforesaid.
CXIX. And be it further enacted, that the pay of every person enrolled
to serve in the militia of any county, riding, or place after such militia
shall have been embodied and called out into actual service, shall commence
upon the day on which such person shall join the regiment, battalion, or
corps to which he shall belong, and not before : Provided always, that it
shall be lawful for the deputy lieutenants or justices of the peace by whom
any such person shall have been so enrolled to order and direct an allowance
to be made to such person for the purpose of enabling him to proceed and
join the regiment, battalion, or corps to which he may belong, not exceeding,
the rate of the pay of so many days as would enable him to march from the
place where he was enrolled to the place where the said regiment, battalion,
or corps may be stationed, to be calculated at the rate of not less than ten
miles per day, with the usual number of halting days ; and the said allowance
of pay shall be advanced to such person at the time of his enrolment by the
clerk of the subdivision meeting, under the order of the deputy lieutenaiits or
justices aforesaid or one of them, and shall be repaid to the said subdivision
clerk by the receiver general of the land tax, on the production of a certificate
to that effect signed by the said deputy lieutenants or justices or one of ^them,
and the said receiver general shall be allowed for the same in his accounts
alccordingly.
CXX. And be it further enacted, that when any regiment, battalion, or
corps of militia shall be drawn out into actual service, and during the time
it shall continue in actual service, the colonel or other commandant thereof
JLD. 1801-2,
42 Geosoe IIL c. 90.
109
shall and may appoint an agent to such regiment, battalion, or corps, and
shall take security from such agent, and such colonel or other commandant
shall be and is hereby made subject and liable to make good all deficiencies
that may happen firom the said agent or from himself upon account of the
pay, clothing, or public stock of such regiment, battalion, or corps.
CXXL And be it further enacted, that when the militia of any county,
riding, or place shall be ordered out into actual service, the receiver general of
the lates and duties under the management of the commissionei*s for the affairs
of taxes for such county, riding, or place shall and is hereby required forthwith
ta pay to the captain or other conunanding officer of every company of militia
80 ordered out the siun of one guinea for the use of every private militia man
bdoDging to his company ; and the said receiver general shall also pay to
every captain or other commanding officer of a company as aforesaid the sum
of one guinea for every recruit, as early as may be after such recruit shall have
jobed his company while out in actual service as aforesaid (all which money
» paid by the said receiver general shall be allowed him in his accounts) ; and
the money so received by any captain or other commanding officer, or so much
thereof as such captain or commanding officer shall think proper, shall be laid
Qoiin the manner be shall think most advantageous for the respective militia
men; and such captain or commanding officer shall, on or before the twenty-
tQns& day of the month next ensuing that in which he shall have received
sodi one guinea as aforesaid, account to such militia man how the said sum of
one gmnea hath been applied and disposed of, and shall at the time of settling
soch flcooont pay the remainder of the money (if any) to the said militia
pointed, from
whom the
colonel shall
take security,
and shall make
good deficien-
cies in pay, &c.
When the mili-
tia is ordered
oat the re-
ceiver general
of the duties
under the
management of
the commis-
sioners for
taxes shall pay
to the captain
of every com-
pany one
guinea for tho
use of each
man, and also
for each re-
cruit as early
as may be ^ter
he has joined,
to he laid out
for his ad-
vantage.
Captains to ac-
count with the
men £or tho
WKL
CHIL And be it further enacted, that in case any person not possessed of
lOT estate in land, goods, or money, of the clear value of five hundred pounds,
«&d who shall make oath that he is not possessed of such estate, shall be chosen
l)y tAflot to serve in the militia for any parish, tything, or place^ where the said
nnlitia is drawn or ordered out for actual service, and such person shall be
approved, sworn, and enrolled as aforesaid, or shall provide a fit person to serve
is hifl substitute, who shall be approved, sworn, and enrolled as aforesaid, the
churchwardens or overseers of the poor of such parish, tything, or place shall,
OQ receiving an order under the hands of any two or more deputy lieutenants
acting within the subdivision wherein such parish, tything, or place is situate,
pay to every such person so chosen by ballot any such sum of money, not
exceeding the sum which such deputy lieutenants shall adjudge to be as near
as may be one half of the current price then paid for a volunteer or substitute
in the county, riding, or place where such person was so chosen, which said
sum of money shall be taken out of the rate to be made as herein-before directed
for providing and producing volimteers, or in case no volunteers shall have
teen provided or produced by the churchwardens or overseers, then out of a
tate to be made and collected agreeable to the poors rate as herein-before also
directed ; and in case any churchwarden or overseer of the ix)or shall refuse
or n^lect to pay such money upon demand and production of such order,
every such churchwarden or overseer so refusing or neglecting to make such
payment shall for every such offence forfeit the sum of ten pounds, one half
of which penalty shall be paid to the person so chosen by ballot in lieu or in
part of the sum ordered to be paid him as aforesaid, as the ca«e may re<iuire :
Half the price
of volunteers
shall he paid
by the parish
officers to per-
sons chosen
by ballot who
shall serve or
provide a sub-
stitute where
the militia is
drawn out for
service, on their
making oath
that they are
not worth 500/.
Penalty on
parish officers
for refusing to
pay such id-
lowanoe.
?■
110
42 QeoRQE III. c. 90.
A.D. 1801-2.
I:
n
r-
»••
f
If any person
BO chosen .by
ballot shall be
disagpioved,
such allowance
shall not be
paid to him,
but to the next
person chosen ;
nor shall it be
paid if his sub-
stitate be disap-
proved, unless
the principal
' serve himself
or provide
another.
When a regi-
ment is em-
bodied and out
of its county,
a list of men
whose time
shall be within
four months of
expiring, and
who shall be fit
and willing to
continue in the
8ervioe,with the
sums for which
they will serve,
shflJl at certain
periods be
transpiitted by
the command-
ing officer to
the clerk of the
general meet-
inirs in the fol-
10^ form:
Provided always^ that if any man so chosen by ballot and serving for himself
shall within one month after his enrolment be disapproved of and diseharged
by the officer commanding the regiment, battalion, or corps, such sum shall not
be paid to the person so chosen by ballot, but shall be paid in manner before
mentioned to the next person chosen by ballot in his stead ; and if *aiiy sub-
stitute be disapproved and discharged in manner aforesaid, then no such som
shall be paid to the man so chosen by ballot, whose substitute shall have been
so disapproved and discharged, unless he shall serve himself or shall find
another substitute who shall be approved by such commanding officer as
aforesaid.
CXXIII. And be it it further enacted, that whenever any regiment, bal^
lion, or corps of militia shall be embodied, and absent firom the county, riding,
or place to which it belongs, the commanding officer of such regiment, batta-
lion, or corps of militia shall apply to every man chosen by lot, whose time
shall be within four months of expiring, and who in his judgment, and after
an examination by the surgeon of the regiment, battalion, or corps, shall still
be fit to serve as a militia man, and inquire if he is willing to continue in the
service for such term as any man who should be then ballotted to serve would
be subject to, and for what price or sum he will so continue ; and such com*
manding officer shall, on the first day of the months of January, March, May,
July, September, and November respectively, or as soon after as conveniently
may be, transmit to the clerk of the general meetings of the county, riding, or
place to which his regiment, battalion, or corps of militia belongs a Hst of aO
such men in such regiment, battalion, or corps of militia as he shall find willing
to continue in the service, in which list shall be set down the sums they are
respectively willing to continue for, and which list shall be signed by every
such militia man as aforesaid, and shall be made in the following form,
videlicet :
Dated the day of
Name of the
Ck)unty.
Names of the
Men.
A. B.
B.F.
G. K.
Of the Parish
of
P.
Q.
R.
In the
Hundred or
other
Division of
H.
I.
N.
Time of
Service ex-
pires on the
Sum for
which they
engage to
serve.
Signature of
.Consent
A.B.
E.F.
G.K.
Signing the
list shall be
binding.
Qerkofthe
general meet-
ings shall
transmit to
the clerks of
the subdivi-
sions extracts
of the returns,
and the deputy
lieutenants
And that the signing of the said list shall be binding upon the persons signing
the same, to all intents and purposes whatsoever.
CXXIV. And be it ftirther enacted, that the clerk of the general meetings
of every county, riding, or place aforesaid shall, as soon after the receipt of
such notices as the same can be done, transmit to the respective clerks of the
subdivision meetings, for the use of the deputy lieutenants acting in such sub-
divisions, correct extracts of such returns, specifying in every such extract the
men that shall have been inroUed for the subdivision to which the clerk to
whom any such extract is sent shall belong ; and thereupon it shall be lawful
AJy. 1801-2.
42 Geoboe IIL c. 90.
Ill
fyr such deputy lieutenants, if they shall think fit^ to cause the men willing to
eoatinoe to serve as aforesaid, to be enrolled as volunteers for the particular
and respective parishes or places for which they shall have been originally
enrolled to serve, and in every such case to direct and require the church-
wardens or overseers of the poor of such parish or place to remit the bounty
or bounties to be given to such men to the paymaster of the regiment, batta-
lion, or corps in which such men shall be then, serving, who shall forthwith
pay or account to the said men respectively for the sama
CXXV. Akb be it further enacted, that in case the term of service of any
person who shall have been chosen by lot and enrolled to serve in the militia
ahaU be prolonged in the manner herein directed beyond the term of five
yens, then and in such case the receiver general for the county, riding, or
|dftoe to which the person so chosen by lot and enrolled shall belong shall
and he is hereby required forthwith to pay to the captain or other command-
ing officer of each company respectively the sum of one guinea for every
penon whose time of service shall be so prolonged, and shall in like manner,
K) often BA the term of service of any person so chosen by lot and enrolled to
mm in the militia shall be prolonged as aforesaid, pay the like further sum
of one gninea (all which money so paid by the receiver general shall be
•Boved him in his account), and the money so received by any captain or
eonminding officer, or so much thereof as such captain or commanding officer
shall flunk proper, shall be laid out. in the manner he shall think most advan-
tageooB ii eadi respective person so chosen by lot and enrolled and whose
toae of service shall be prolonged as aforesaid, and such captain or com-
Ank&g officer shall, on or before the twenty-fourth day of the month next
ewniE^ that in which he shall have received any such guinea, account to suqh
pemm how the said sum or sums have been applied and disposed, of, and
shaO at the time of settling such account as aforesaid pay over to him the
renuinder of the said money, if any, which shall not have been so applied and
dupo8edo£
CXJLVIL And be it further enacted, that if any person sworn and enrolled
in the said militia either as a substitute or volunteer (not labouring under
any infirmity incapacitating him to serve as a militia man) shall not with due
diligence join the regiment, battalion, or corps of militia of the county, riding,
or place for which he shall be so sworn and enrolled (in case such regiment^
battalion^ or company shall then be embodied), according to such order as
ahaU be given him in that respect by the lieutenant or deputy lieutenants or
any of them, or by any officer of the said regiment, battalion, or corps, or by
any other person authorized to give such order, or if any person serving in
any embodied militia as a substitute or volunteer, or any Serjeant, corporal,
or drummer shall desert or absent himself firom his duty, every such serjeant,
eorpoxal, drummer, or private militia man shall be liable to be apprehended
and punished, according to the provisions of any Act which shall be then in
force for the punishing mutiny and desertion, and for the better pa3anent of
the army and their quarters, and of the Articles of War made in pursuance
of the same, and may by a general court martial be adjudged to further
service in tiie said militia for some period to be limited, or to service in his
Majesty's other forces without limitation as to the period or place of such
may cause the
men willing to
continne to be
enrolled as
Tohmteen, and
require the
parish officers
to remit their
bounties to the
paymaster.
Bounties to be
paid, when the
term of men
chosen by lot
shall be pro-
longed beyond
five years, by
the receiver
general for the
county to the
captain of the
company for
the use of the
men.
If any substi-
tute or volun-
teer shall not
join, or if any
of them, or
any serjeant,
corporal, or
drummer shaU
desert or ab-
sent himself,
he may be
a^udged to
further service
in the militia,
or to service
in the other
forces ; and in
the latter case,
if the sentence
be approved by
hia ilajesty,
the secretary
at war or his
deputy may
order him to
be entered uh
a private sol-
^
1.
112
42 Geoboe III. c 90.
A.D. 1801-2.
r
ts .
1^^
I:
^.
/
,
dier, and con-
veyed to the
head quarters
of any regi-
ment, or the
head quarters
for recraits
belonging to
regiments on
foreign sta-
tions.
Wlien the
whole number
enrolled for
any place shall
have been
ordered out, if
any shall after-
wards make
default, and
not be taken
witliin three
months, the
vacancies shall
be filled up by
ballot.
';•
If his Majesty
shall order a
proportion only
of the militia
to be embodied,
the lieutemmt,
&c. shall issue
orders to the
clerks of the
subdivisions,
to make out
lists of all per-
s<ms enrolled
in each sub-
division, by a
certain day,
and a duplicate
copy shall be
made for the
nse of the
service, according as the court martial before whom he shall be tried Bhall
think lit to direct ; and in case the said court shall adjudge such militia man
to serve in his Majesty's other forces, and such sentence shall be approved by
his Majesty, it shall be lawful,.by order under the hand of the secretary at
war or his deputy, to cause such man, if found fit for general service on
examination by a surgeon of hi» Majesty's other forces, to be entered as i
private soldier to serve in such regiment or corps of his Majesty's other foroes
as shall be directed in' sucli order, or for general service, and to be forthwith
conveyed either to the head quarters of the regiment or corps in which be
shall be so entered, or to the head quarters for recruits belonging to hia
Majesty's regiments on foreign stations (as the case may require) ; and such
substitute or volunteer shall, from the time of his being delivered over to be
so conveyed as aforesaid, be subject and liable to aJl the like penalties and
pimishments contained in any Act then in force for punishing mutiny and
desertion as if he had been originally enlisted for general service, or for the
regiment or corps in which he shall be so ordered to be entered as aforesaid
CXXVIIL And be it further enacted, that whenever the whole number of
persons enrolled in the said militia for any county, riding, or place shall have
been ordered to be drawn out and embodied as aforesaid, and in case any of
the persons so ordered to be drawn out and embodied shall afterwards make
default, either by not appearing in pursuance of any such order as aforesaid,
or by desertion or absence from duty, and such person shall not be taken
within tiie space of three months from the time of such default, desertion, or
absence, then a vacancgr shall be declared by the deputy lieutenants at their
first meeting to be holden for the subdivision for which such person was
enrolled next after the receipt of the certificate of such default, desertion, or
absence under the hand of the officer commanding the regiment, battalion, or
corps to which such person belonged, and the vacancy thus occasioned shall bo
forthwith filled up by a fresh ballot.
CXXIX. And whereas it may be expedient that only such a proportion of
the militia, and in such of the counties, ridings, and places as shall be specified
in any order of his Majesty, should be drawn out and embodied in the first
instance, and that the appointment of the private men necessary to constitute
such proportion should be made or decided by ballot or otherwise as is herein-
after mentioned in each subdivision or district, without assembling them
previously out of the subdivision or district to which they belong : Be it
therefore enacted, that the lieutenant of every county, riding, or place, or (in
case of vacancy or in the absence of the lieutenant from his county, riding,
or place) any three or more deputy lieutenants, to whom any order of his
Majesty for the purpose of embodying the said militia, or such part or pro-
portion thereof as his Majesty shall have judged necessary and ordered to
be embodied, shall have been directed, shall, as soon after the receipt thereof
as conveniently may be, issue his or their order to the clerks of the several
subdivision meetings in such county, riding, ot place, to prepare and make out
a full and true list, containing the names of all persons enrolled to serve in
the said militia by virtue of this Act within each subdivision respectively, and
arranged according to their classes as herein-before mentioned, before a day to
be specified in the said order of the lieutenant or deputy lieutenants as afore-
said, and which day shall not be later than three days after the date of such
U). 1801^2.
42 Oeobge III. c. 90.
113
order ; and the said derks shall within the time fixed by such order prepare
ind make out such lista aocordingly, and also two duplicates thereof, one of
wiiich duplicates shall be for the use of the deputy lieutenants at their
respective subdivision meetings, and. the other duplicate thereof shall be
tnnsmiited to the derk of the general meetings, for the use of the lieutenant
of the county, riding, or place, or the deputy lieutenants who shall have issued
sodi order as aforesaid.
CXXX. And be it further enacted, that the said lieutenant or deputy
lieatenants as aforesaid to whom his Majesty's order shall be directed shall,
«t tbe time of issning his or their order herein-before mentioned, also issue his
or their order for assembling all the men of the said militia within their
nqpective subdivisions, or at such place or places within their respective
eoanties, ridings, or places, and in such proportions as to the said lieutenant
« depaty lieutenants as aforesaid shall appear most expedient, on the day or
days to be specified in such his or their order, to the chief constable or other
(fieos of ihe several hundreds, rapes, laUies, wapentakes, or other divisions
vithin such county, riding, or place, with directions immediately to issue
pec^ conformable thereto to the constables, tythingmen, headboroughs, or
ctiter officers of the several parishes, tythings, and places within the said
Vonlieds, rapes^ lathes, wapentakes, and divisions respectively ; and such
eoBiikiUes, tythingmen, headboroughs, or other officers are hereby required
v^Rttspt thereof forthwith to cause notice in writing to be given to the
Kvcalmai of the said milifia^ or left at their usual places of abode, within
tUriespeetive parishes tythings, or places, to attend within their respective
nUfnooDs or districts at the time and place mentioned in such onAe^T, and
lUliiso cause a like notice thereof to be affixed on the doors of the churches
ordi^ds belonging to their respective parishes, tythings, or places, or (if any
flue shall have no church or chapel belonging thereto) on the door of the
chndi or chapel of some parish, tythings or place thereunto adjoining, which
notice shall be deemed a sufficient notice to every person enrolled by virtue of
tUs Aet^ notwithstanding any omission in the delivery of written notices in
Attimer ha^ein directed ; and all such militia men shall duly attend at the
tune and place appointed in such notices respectively.
CXXXL And be it further enacted, tJiat if any person of the said militia,
not labouring under any infirmity incapacitating him to serve as a militia
man, diall not iqppear in pursuance of such order, or appearing shall not abide
the oiders of the deputy lieutenants attending in pursuance of this Act, every
SQch person shall be deemed a deserter, and if not taken previously to the
completion of the ballot at which such person ought to attend in pursuance of
this Act, shall forfeit the sum of ten pounds, and shall be deemed and taken
to be a person liable to be embodied within the intent and meaning of this
Act and to serve according to the directions herein contained, over and above
the number to be chosen by ballot as aforesaid
CXXXn. And be it further enacted, that the said lieutenant or deputy
JKutenants as aforesaid of every county, riding, or place, or any three or more
rf them, shall appoint the first meeting to be holden by the several deputy
lieatenants of the same county, riding, or place within their respective sub-
divisions, or at such other place or places as shall have been ap{)ointed as
aforesaid, on the day mentioned in such order as aforesaid, for assembling the
YOU IV. 2
deputy lien-
tenants, and
another trans-
mitted to the
cl^k of the
general meet-
mgs;
lieutenant,
&c shall also
issue orders
for assembliufi^
the men witmn
their respective
subdiTiaions, or
at such plaoes
and in such
proportions
as shall appear
most expe-
dient ; and the
constables shaU
cause written
notice to be
given to the
men to attend,
and notices of
the time and
place of meet-
mgshaUbe
affixed upon
the church
doors.
Men not ap-
pearing, or not
abiding the
oiden) of the
deputy lieo-
tenantit, shall
be deemed de-
serters, and if
not taken be*
fore the l)allot
is completed
shall forfeit
10/, and be
liable to be
embodied.
Lieutenant,
&c. shall ap-
point the nrft
subdivision
meeting for
ballotting, and
the time and
place for as-
sembling the
r
11* 42 George III c. 90. A.D. 1801-1
men ehown, men of the said militia, in order to their being chosen or ballotted to serva
of which tha according to the directions of this Act, and shall also appoint the time and
teaaatK ^udi place of assembliDg such of the said men as shall be so chosen or ballotted
^Mh^'d*' IT ^*J^ their respective counties, ridings, or places, in order to their bring
liouhiDuntH embodied ; of which several appointments the respective deputy lieutenant
re"uir«l'pro''^ shall have notice ; and all the men enrolled on tiie list of every such subdiviaai
portiun of mei or district, and appearing iu pursuance of such order on the day so to be
for'^ind'ihu'^ appointed, shall be then mustered by the said deputy lieutenants, and the
niunesoriim^ 8aid deputy lieutenants shall at such meeting proceed in the manner by thia
mMk^'oii'itia -^ct directed to cause a number of the men so appearing to be chosen or
liHt,wliicii li-i ballotted for according to the directions of this Act, equal to such proportion
uver, BD<i the <^f ^h^ complete number that had been or ought to be enrolled by virtue of
"r"^ °h"!r" ^^^ ^'^^ "** ^® ^^ °^ ^^^^ subdivision or district as shall or may be specified
bp declarod md in hia Majesty's order for drawing Out and embodying any part or proportiim
rtitnnied to iiie pf jjjg militia 38 afotesaid, and to cause the names of all the persons chosen
Anil tiic tiinc and ballotted to be marked on the list of such subdivision or district ; and
when?*^' '''■ire ''^^^'^ '^"^ choice and ballot shall be concluded, the said deputy lieutenants
lu he I'mboilud shall cause the list of such subdivision or district to be publicly called ; and aa
dur^and ^^^ name of each person contained therein shall be read, shall then and there
thou! uhoseu declare whether such person is or is not (as the case may be) chosen or
tliore util-iid" ballotted out of such list in the manner herein-before provided ; and the
dud the men names of all the persons so chosen and ballotted shall be returned to the
shall be iiL- lieutenant of the county, riding, or place for which such persons are enrolled,
diargt-d from or to the deputy lieutenants who sh^ have given such order as aforeswd ;
naix. and the persons so chosen and ballotted shall be embodied to serve according
to the true intent of this Act ; and the said deputy lieutenants shall openly
declare to the men who have been so chosen or ballotted, the time and place
of their assembling, in order to their being embodied ; and all and every such
persons or person who shall have been declared to be so chosen or baJlotted
shall immediately proceed and repair to and shall duly attend at the lime
and place so to be appointed and declared, in order to their or his being
embodied accordingly ; and all and every such persons or person as shall be
so declared not to have been so chosen or ballotted as aforesaid shall be
discharged irom further attendance in pursuance of such order as aforesaid
Deputy bou- OSXXIIL Provided always, and be it enacted, that it shall be lawful for
coniM."dus^ei. ^^^ ^^ deputy lieutenants in their several subdivision meetings, and before
they proceed to choose or ballot as herein-before directed, to revise and correct
the names of the men contained in such class or classes, according to the
several changes or alterations that may have taken place since the last revisal
or correction thereof
When his Mn- CXXXIV. AiTD be it further enacted, that whenever his Majesty shaU think
oH^a'pait 0* ^^ ^ draw out and embody a part or proportion only of the militia of any
nny militia lo eounty, riding, or place, the deputy lieutenants in their several subdiviaiona
tbeX|inV shall, before they proceed to choose or ballot for the private men who are to
li^ttWnanis form guch part or proportion, examine the classes of tiie descriptions herein-
tliu classes, and before mentioned entered according to the provisions of this Act, and in every
if ibii ""'"'^1 case in which the part or proportion of the militia required to be called out in
I'qual thu firet, such subdivision shall equal the number of men contained in such fii^t. *"^
"' d"^'""' '^ ^^^ ^^'^ second, or other succeeding classes in their order, then and in such
AJ). 1801-2.
42 Qeobqe III. c. 90.
115
oae the men contained in such class or classes, as the case may be, shall be ceedlng classes
fcithwith chosen without any ballot ; and when the proportion of men so i? ^^^ ^^^^*
•' r r the men con-
required as aforesaid shall be less than the number of men contained in such tained therein
firsfc dass, then such proportion shall be ballotted for out of such class only, ^^^ baUot"^
and no other; and when the proportion so required as aforesaid shall exceed and if less thiui
the number of men contained in the first, or first and any succeeding class or J^® num^r*'
daases in the order in which they shall so stand as aforesaid, the deputy s^^ ^ baiiot-
lieoteDants shall first choose all the men in such first class, or first and next oat, and if^
socoeeding class or classes, until such proportion shall be as near as may be ^^^ *^° *^*
completed, and shall then proceed to baUot in manner directed by this Act for ceeding dass
the remainder of the proportion so required as aforesaid, out of the class imme- ^ order, such
dasses sh&ll ud
diaiely following the last dass that shall have been wholly taken towards first chosen,
makiBg up such proportion as aforesaid; and the deputy lieutenants shall ^^^S^"^^'
proceed in like manner for the supplying of any further part or proportion of for out of the
militia, in case any farther part diould be afterwards ordered by his Majesty ^h*iiw?whoiiy
to }» embodied, and shall during the whole of the time that a part or pro- taken, and in
pofition only of the militia shall remain embodied, supply all vacancies as ^yS^r'
they shall arise in such part or proportion out of the classes as they stand in proportionshaii
BBooeaBioii, and shall in no case proceed to ballot for the supplying of any aswe?fas
vacancy out of any class, until all the men contained in the preceding class or vacancies,
cbott, who shall be able imd fit to join such militia, shall have been chosen '
i«tbii purpose.
CXnV. And be it further enacted, that whenever the militia, or any part if any person
or pijiortion of the militia of any coimty, rifling, or place, shall have been enrolled in any
oriened to be drawn out and embodied in pursuance of this Act, in case any a county, the
rf tie persons enrolled in any subdivision of such coimty, riding, or place, the *^^v ^^^"^^
loifitaa whereof shall be so ordered to be drawn out and embodied as afore- to be embodied,
aid, shall make default either by not appearing in pursuance of any such i^e^i^^f^
cder as aforesaid or by desertion or absence from duty, and such person shall shall not be
not he taken within the space of three months from the time of such default, J^^moi^
then a vacancy shall be declared by the deputy lieutenants, at their first the vacancy
meetmg to be holden for the subdivision for which the person so making L ],„ ^ fresh
de&ult was enrolled next after the receipt of the certificate of such default, Fallot,
desertion, or absence xmder the hands of the officer commanding the regiment,
hattalion, or corps to which such person belonged, and the vacancy thus occa-
sioned shall be forthwith filled up by a fresh baUot within the subdivision
ftforeeaid
CXXXVL And be it further enacted, that if any person enrolled by virtue Any person
of this Act and not chosen or ballotted as aforesaid, who shall not have any nor^wsen not
child or children living under the age of fourteen years, and who shall not be having a child
nwre than thirty-five years of age, shall offer himself as a volunteer to be ^t ^eing more
drawn out afid embodied in the room of any person so chosen or ballotted, it than 85 years
ahaD be lawful for the deputy lieutenants at any meeting to accept such volun- accepted as a
teer in the room of such person so chosen or ballotted as aforesaid, and such ▼olunteer.
peison so accepted shall serve as if he had himself been so chosen or ballotted
in manner aforesaid.
CXXXVn. And be it furtlier enacted, fliat every man of the said militia Men attending
who shall appear and attend at the ballot to be taken as herein-before directed, ^d*not^OTen
ud who shall not be chosen or ballotted as aforesaid, shall be entitled to an ^haU be paid
H 2
by the clerk Is.
116
42 Qeoboe hi. e. 90.
A.D. 1801-2.
per diem whilo
from homo,
which the re-
eeiiet ppnetal
of county shall
mmtiartie.
([enenU. by
ordor of tho
depaly lii'u-
mooey lo pay
iillownncts.
CI'TkM (.hull,
wht-n ri^iiuircd,
Diuke out ac-
Tlis Mi^Fsty
may order lUu
mnaindcr of
the militiu to
be emlxKlifd.
VfhvD his Mii-
justy BhBll
ordor any
farther pro-
porttoa of the
mOitia lo be
embodied, the
llculcl
Qt, &C.
■hall pi
iha Rilex pre-
scribed for
embodjiDf; tho
first proportiou.
While any part
of thv militiu
Kluill coiilinuc
embodied, bis
allowance, after the rate of one shilling per diem, during the time he shall be
necessarily employed irom home in going to and continuing at and retnming
from the place to be appointed for such ballot, not to exceed three days, to be
jmJil ay the clerk of the sabdivision or other meeting in which such men shall
In- enrolled ; and on the certificate of the number of men eo paid, under tite
haniht of such deputy lieutenants and justices of the peace respectively, a
where no deputy lient«nant' shall there attend, then of any one such justice
of the peace as aforesaid, the receiver general of such county, riding, or place,
sliiill reimburse to the said clerk the sums so paid, out of any monies in hu
hands of any aid granted by Parliament by way of land tax,
t!]{XXYIII. And be it further enacted, that the respectiye clerks of tbe
snbditdsiou or other meetinge shall be and they are hereby authorized and
empowered to draw on the receiver general of the land tax for the county,
rilling, or place for such sum or sums of money as such deputy lieutenants and
justices of the peace respectively, or where no deputy lieutenant shall attend,
then as one justice of the peace shall, by any order under their or his respec-
tive Lands or hand, direct and appoint, which sum or sums of money shall be
apjiUed by such respective clerks for paying the allowances herein-hefore
directed to be made ; and the receipt of any such derk, together with such
order, shall be to the said receiver general of the land tax a sufficient dischoi^
' for the payment of such sum or sums of money, and be allowed in his account
CXXXIX. And be it enacted, that the clerk of each subdivision or oiier
meeting shall, when required by such deputy lieuben^its and justices of the
peace, or where no deputy lieutenant shall attend, then by one justice of the
pcacQ; make out an account of the respective sums of money by him rec^ved
and paid in pursuance of this Act, to be by them examined, allowed, and
Rigned ; and the account so examined, allowed, and signed, shall be and is
hereby directed to be the proper voucher and acquittal of such clerk for the
api^lication and disposal of such money.
CXL. And be it further enacted, that nothing herein contained shall be
construed to debar his Majesty fix>m ordering the remainder of the said militia,
or 80 many of the remainder of the said militia of any county, riding, or place,
as Itis Majesty shall in his wisdom think proper, to be drawn out and embodied
whenever the occasion shall require, according to the provisions prescribed by
this Act
CXLL And be it fiirther enacted, that whenever his Majesty shall think fit
to draw out and embody any further proportion of the militia of any county,
riding, or place, it shall be lawful for the lieutenant of such county, riding, or
place, or three or more deputy lieutenants as aforesaid, and he and they is and
are hereby respectively required, to cause such furtiier proportion to be drawn
out. and embodied as his Majesty shall order ; and in so doing such lieutenants
and deputy lieutenants respectively, and also all and every the deputy lieu-
tenants, and all other officers aforesaid respectively, shall pursue the rules and
directions herein-before prescribed for drawing out and embodying the firet
pit jljortion tiiereof.
t'XLIL Ahd be it further enacted, that, if during such time as any part of
the militia which shall have been drawn out and embodied for service shall
continue embodied, his Majesty shall deem it expedient that the militia of any
^
A J). 1801-2.
42 Oeoroe UL c 90.
117
ooooty, riding, or place, or any part thereof, which shall not at such time be
actually embodied for service, should be drawn out in order to be mustered,
trained, and exercised for a limited time, instead of being so embodied for
service according to the provisions of this Act, it shall be lawful for his
to direct the lieutenants or deputy lieutenants of all or any of the said
Majesty may
Older any not
embodied to be
drawn out to
be mustered,
trained, and
exercised.
eoonties, ridings, or places to cause the said militia not actually embodied, or
any part thereof, to be drawn out in order to be mustered, trained, and exer-
cised, in such proportion, and for such time, and at such place or places, as
ahall be appointed, with the approbation of his Majesty, by the lieutenant or
deputy lieutenants, in manner as is herein-before directed for traLaing and
exercising the disembodied militia ; and the same shall be mustered, trained,
and exercised accordingly.
CXLin. And be it further enacted, that whenever the whole of the militia
of any county, riding, or place is ordered to be embodied, all the officers, non-
eomunissioned officers, and drummers of every regiment, battalion, or corps of
the militia of such county, riding, or place shall immediately join the regiment,
* battalion, or corps to which they respectively belong, at the time and place
appointed for the embodying such militia ; and whenever the militia of any
cmmty, riding, or place is called out and embodied by detachments or divisions
umder any order of his Majesty for that purpose pursuant to the provisions of
HoA Aebjit shall be lawful for his Majesty to order and direct the proportion
and deaoqiion of officers, non-commissioned officers, and drummers, who shall
aeotXDfaoy such detachments or divisions of men, and the respective establish-
meats o{ such detachments or divisions, and also to regulate the numbers and
duties of all such officers, Serjeants, corporals, and drummers, as shall remain
within any such county, riding, or place for the mustering, training, and exer-
cising of the remainder of the private militia men thereof^ as the service may
require, and to his Majesty may seem most fit and convenient.
CXLIV. And be it further enacted, that it shall be lawful for his Majesty
finom time to time, as he shall think fit, to disembody any part or proportion
of any militia of any county, riding, or place embodied under this Act, and
from time to time again to draw out and embody any such militia so dis-
embodied as aforesaid, or any proportion thereof, as to his Majesty shall seem
necessary, according to the rules and provisions of this Act
CXLY. And be it further enacted, that when the militia or any part thereof
having been so drawn out into actual service as aforesaid shall be agaui duly
disembodied, and the officers and men thereof dismissed to return to their
several places of abode, the officers, non-commissioned officers, drummers, and
private men shall be subject to the same orders, directions, and engagements
only as they were subject to under the provisions of this Act, before they were
so drawn out into actual service as aforesaid.
CXLVI. And whereas it may be expedient that in all cases of actual invasion, or
of ioominent danger thereof, and in cose of rebellion, his Majesty should be empowered
to increase without delay the number of militia forces, for the more effectual protection
and defence of this realm : Be it therefore enacted, that it shall be lawful for his
Majesty (the occasion being first communicated to Parliament, if the Parliament shall
be then sitting, or declared in council and notified by proclamation, if no Parliament
shall be then sitting or in being), to order and direct by his royal proclamation, that
to addition to the number of men required by or under the foregoing provisions of this
Act to be raised by the several counties, ridings, and places herein mentioned, there
Wben the
whole militia
of any county,
&c. is ordered
tobeembodiedy
all the officen,
non-oommis-
sioned officers,
and drummers
shaU join, and
irben only a
part, such a pro-
portion of them
as shall be di-
rected by his
Majesty, who
shall regulate
the numbers
and duties of
those remain-
ing in the
county for mns-
terinff, &c. the
remainder of
the privates.
His Majesty
may disembody
the militia, and
re-embody
them, as to
him shaU seem
necessary, ac-
cording to the
provisions of
this Act.
Militia when
disembodied
to be subject
to the same
orders only as
before being
drawn out«
In case of
invasion or
rebeUion his
Majesty may,
by proclama-
tion, increase
the militia by
118
.42 George III. c. 90.
A.D. 1801-i
any number not
exeeeding half
i
the number re-
1 '
quired by thiB
»'
Act, and the
t
lieutenants and
t
deputy lieu-
^
tenants shall
h
apportion the
i ,'
number, and
f^
proceed to raise
and enrol the
r
men at such
r,
time as shall
fc
be specified in
1'
the proclama-
r.
tion.
shall be forthwith raised and enrolled in the said seyoul counties, ridings, and places,
any number of men not exceeding the proportion of one half of the whole number of
men before required bj or under this Act to be raised by each county, riding, and
place; and the lieutenants and deputy lieutenants respectiyely of the said counties,
ridings, and places shall, immediately on the issuing of any such proclamation, assemble
and forthwith proceed to apportion the number of men required to be raised in their
respective counties, ridings, and places, among the several hundreds, rapes, lathes,
wapentakes, or other divisions, and also among the several parishes, tytfaings, or
places, therein respectively; and shall thereafter proceed to raise and enrol such
men at such time or times as shall be specified for that purpose in such pro*
clamation; and all the powers, provisions, regulations, rules, penalties, forfeitures,
bounties, allowances, clauses, matters, and things, in this Act contained, relative to tibe
militia, shall be applied, practised, enforced, and put in execution, for the raising,
training, and exercising, and for the embodying and calling out into actual senrice
the supplementary militia so ordered and directed to be raised and enrolled, in as M
and ample a manner in every respect, as far as the same can be applied and put in
force, as if the said number of men so added to the militia had been included in the
number of men required and directed to be raised by virtue of this Act. {Rep., Stat
Law Rev. Act, 1872. J
His Majesty,
by proclama-
tion, may re-
duce and dis-
embody the
supplementary
mDitia, and the
privates so dis-
embodied, or
those enrolled
and not em-
bodied, shall
remain liable
to serve for the
periods for
which they
were enrolled,
and shall sup-
ply vacancies
m the rcgu-r
lar militia,
and no ballot
shall take place
while vacancies
can be supplied
from them, but
they shall not
be liable to
supply vacan-
cies for any
other place
than that for
which they
were origi-
nally enrolled.
CXLYIIL And be it further enacted, that it shall be lawful for his Majesty,
from time to time (whenever he shall deem it expedient to reduce the whole, or any
part of the supplementary militia, by his royal proclamation to declare such reduction
accordingly ; and {Rep., Stat. Law Rev. Act, 1872.] in case the said supplementary
militia, or any paxt thereof, shall be then embodied), to disembody the same,
or any number of private militia men equal thereto, without regard to whether
such men were raised and inrolled in pursuance of any proclamation for raising
the supplementary militia, or were inrolled before, and were serving at the
time of the issuing thereof; and the private militia men so disembodied as
aforesaid, or so many of them as may have been inrolled and not embodied at
the time of issuing such proclamation, shall nevertheless remain liable to serve
for the respective periods for which they shall have been respectively inrolled
to serve, and shall during such periods supply all the vacancies that may
arise in the respective parishes or. places or united parishes or places, for which
they shall have been so inrolled, whenever called upon so to do ; and the
deputy lieutenants of the respective subdivisions shall from time to time
cause any man or men, as the case may be, that may be required for supplying
any vacancy or vacancies in the established militia that may arise for any
parish or place or united parishes or places in their respective subdivisions, to
be taken from their respective classes as aforesaid, or ballotted as the case may
require, according to the provisions in this Act contained relating to the
taking men for the militia from classes, imtil all the men so remaining liable,
and that shall be fit to serve, shall have supplied such vacancies : Provided
always, that no ballot shall take place for the raising and inroUing any man
to supply any vacancy that may arise from any parish or place so long as the
same can be supplied from any men or by any man then inrolled for such
parish or place that shall remain liable and be fit to sei've : Provided also, that
no man so remaining liable to serve as aforesaid for any parish or place shall
be called upon or be liable to supply any vacancy arising for any other parish
or place than that for which he shall be originally inrolled to serve under the
provisions of this Act : Provided also, that no such man so remaining liable to
supply such vacancy as aforesaid shall, during the time he so remains liable,
be capable of being enlisted into his Majesty^s regular forces.
AJ). 1801-2.
4(2 Obobge III. a 90.
119
fCXLIX.*] And be it farther enacted, that all the powers given and provi-
UHis made by this Act with respect to the county of Northumberland and the
miKtia thereof shall extend to the town of Berwick-upon-Tweed and the
liberties thereof (except only in such cases where by this Act it is otherwise
expressly provided for); and that out of the persons returned in the lists for
tbe said town of Berwick-upon-Tweed a number of private militia men shall
be diosen by ballot to serve for the said town, in the same proportion with the
priTste militia men appointed to serve for the other hundreds, wards^ and
other divisions within the said county of Northumberland ; and if persons can
be found within the said town and liberties thereof with such qualifications as
tte required for deputy lieutenants and officers within cities and towns which
neeounties of themselves, the chief magistrate of the said town of Berwick-
npoo-Tweed shall appoint five deputy lieutenants, and such number of officers
of the militia as shall be proportional to the number of militia men which the
aid town shall raise as their quota towards the militia of the county of
KoHhumberland ; and the lieutenant of the said county and deputy Ueu-
tenankB aod all other officers and persons acting in the execution of this Act
for iBisiDg and training the militia within the said coimty are hereby autho-
littd and required to put this Act into execution within the said town and
tkeffiterties thereof, but subject nevertheless to such penalties as are inflicted
vpoaiepity lieutenants and other officers of the militia for acting not being
dnty q[Qi&fied ; and that the militia men to be chosen for the said town shall
join the militia of the county of Northumberland, and be exercised together,
aadsUItheny and also in time of actual service, be deemed part of the militia
rf tk county of Northumberland. •
/Clt'I And whereas the ordering the militia of the Isle of Wight has
always been in the governor or lieutenant governor of the said island : Be it
enaeted, that after the number of persons which the said island is to furnish to
the militia of the coimty of Southampton shall have been appointed, as by
this Act is directed, by his Majesty's lieutenant and the deputy lieutenants,
or by the deputy lieutenants of the said county at large, the governor of the
said ishuid shall appoint the officers of the militia to be raised in the said
island, and shall and is hereby empowered and required to act in the execution
of this Act in the same manner as his Majesty's lieutenants of counties are
hereby empowered and required to act, and shiJl appoint five or more deputies
to act for him in and for the said island, which deputies and officers of the
militia shall be qualified in the same manner and are hereby empowered and
i^equired to act in the execution of this Act in the same manner and imder the
same directions, provisions, and penalties, as deputy lieutenants and officers of
the militia in the several counties within the dominion of Wales are by this
Act subject to, and the militia of the said island shall be raised in the same
Duumer as the militia of the county of Southampton, and shall be deemed a part
of the militia of tJie said county; and after the same shall be so raised, the said
governor, lieutenant governor, and deputies shall order and direct the training
^imI exercising the said militia within the said island, in the same manner as
lus Majesty's lieutenants and the deputy lieutenants are by this Act authorized
P Hep., 80 far as relates to the qnalifications of officers of the militia, and to the
counties, ridings, or places in which estates required as qualifications for deputy lieu-
tenants are to be situate or arising, Stat. Law Rev. Act, 1872. J
The powers
given with re-
spect to North-
umberland
shall extend
to Berwick-
upon-Tweed ;
and if persons
can be found
there with the
requisite quali-
fications, the
chief magis-
trates shaU
appoint five
deputy lieu-
tenants, and a
proportionate
number of
officers to the
men, and they
shall join the
militia of
Northumber-
land.
GoTcmor of
the Isle of
Wight to ap-
point the oJffi«
cers, &c., of
the militia of
the island, who
are to have the
same qualifica-
tions as are
required in
Wales.
The militia of
the island shall
be raised as and
deemed part of
the militia of
the county of
Southampton,
but Khull re-
main in the
120
42 Oeobqe IIL c. 90.
and directed to do in any county within that part of Great Britain caUed
England, and the militia so raised within the said island shall \^e continued
and remain within the said islimd aa an internal defence thereof, uahM h»
Majesty shall otherwise order and direct -
CLL And be it further enacted, that for the several purpoEe.-^ of tliis Act
the constabulary of Craike, which is a parcel of the county of Diirhaiu
rounded by part of the North Riding of the county of York, Bhall 1 nj dceiiied to
be situate within and part of tbe said North Biding ; and that part of the
parish of Maker, which lies in the county of Cornwall, shall be iii:eiiicJ to be
situate within and part of the county of Cornwall ; and that tlie t<i^t7t and
parish of Wokingham shall be deemed to be situate within and part uf t^e
county of Berks ; and that the township of Filey shall be dt-emeil ta "
situate within and part of tiie £ast Riding of tbe county of York ; and ti
Threapwood shall be deemed to be situate within and part of the jiariah
Worthenbury in the county of Flint ; and that the parish of fiaiiit 5!artin,
called Stamford Baron, in the suburbs of the borough and town uf StJiuii'ord
on the south side of the waters called Welland, shall be deemed in bu situatfl
within and part of the county of Lincoln.
CLII, And be it further enacted, that the several towns and placs-s hiwin-
before mentioned, and deemed to be situate within and part of thf sivi'i-al
counties, ridings, and places aforesaid for the purposes of this Ait, sliall U
subject to the jurisdiction and authority of the lieutenants, deputy lieiiti'iiants,
justices of the peace, and other officers of the respective counties, ri'iiii;,'s, ami
places, within which such towns and places are hereby deemed tn \»- situate;
any law, usage, or custom to the contrary notwitbstandiug.
CLV. And be it further enacted, that the warden of the Cinqm
ancient towns, and their members, and in his absence his lieutem
tenants, shall put in execution within the said ports, towns, an
all the powers and authorities given and gi-onted by this Act, in tlie like
manner as lieutenants of counties and their deputy lieutenants may d.i
*'""' '^' shall keep np and continue tlie ustial number of soldiers in the saiil
towns, and members, unless he or they find cause to lessen the saiiw: ; .iml the
Militia of till' militia of the said ports, towns, and members shall remain separate fr<iiii tho
illa^i' s!"j''iL"r militia of the several counties within which the said porta, towns, and
I'nim tiiL- ml- members are situate ; and it shaU be lawful for the said warden, m- his tieu-
I'luiitiJ Hiiii tenant or lieutenants, in pursuance of orders from his Majesty, in the uianner
nuiy be ilrnu n prescribed by the Act of the thirteenth and fourteenth years of Kini,' Charles
flerricTtl'ioim'h *'^® Second, notwithstanding one or more months pay advanced }••-■
Ciaikc tci he
lipcmeil iiiin
of the Korth
Riding of
Yorkshirf, the
part of MftktT
l^ing hi Corii-
■wuU lo by
ileemcd piirt of
that county,
Wokinphuui
part of Berks,
Fflej of tlie
East Itiiling uf
Yorkshire,
Threspwood
of Flint-sitire.
iind Stamford
Baron of Lin-
colnithire i
and shidl be
."nlijpol lo Ibo
ililtiiority of
WaMen
ot tlio
Cinque
'oris,
anil biH
t«niuits.
nav
iKt m lleiilen-
anuiind
JppiUy
Ihn pay
vnnccd muj ii
luive bona n--
iuibiirsi-d, S;i-
bursed, to raise and draw out the soldiers into actual service, and tn cause tba
' persons charged as by the said Act to provide their soldiers with pay
not exceeding one mouth's pay, in such maimer as if all the pay oilvanced
provided had been reimbursed ; and to use the like powers, and to atraifi
assess, and arm, muster and exercise the said soldiers, and to make a-iM-sanientfl,
and issue warrants for the assessments made or to be made for raising B»y
trophy money, and for defraying the necessary charges of trophit-", and other
incident expences of the militia of the said ports, towns, and meiii'" is. /
been heretofore used, and according to their ancient privileges ami ci
any thing in the said Act or this Act to the contrary notwithstandinj;.
ID. 1801-2.
42 George IIL c. 90.
121
CLYL And whereas for the different rapes in the counties of Sussex and
East Kent there are no peace officers who can act officially for such rapes :
And whereas the rapes in the said counties are the most convenient districts
to be appointed as the subdivisions for the deputy lieutenants to execute the
several purposes directed by this Act, and do contain within their boundaries
aefv^al hundreds, to each of which there is a peace officer belonging: And
whereas the boroughs and tythings over which there are headboroughs,
tytbingmen, or other peace officers are uncertain in their boundaries, and
(Aea include parts of various parishes, from which great inconveniences arise,
both in ballotting for the men to be drawn by lot for the^ service of the said
mQitia, and also in the payment of the mopey directed to be paid by the parishes
to those who may be allotted to serve : And whereas it would be more expe-
dient Uiat the ballotting for men to serve in the said militia for the counties
of Sussex and Kent should be by the division of parishes, to which division
there are no peace officers : Be it therefore enacted, that his Majesty's lieu-
tensnt, or on his death or removal or in his absence, any three or more deputy
Ueuteiiants of the cotmties of Sussex and Kent respectively, may and shall
woe oat his or their orders to the chief constable of the several hundreds in
the Tapes in the said counties where their subdivisions may have been or may
\« tfipnnted, directing such chief constables to issue their precepts and orders
to ^diuTch wardens or overseers of the poor of each parish within their re-
apeethelumdreds or other divisions, to return to the deputy lieutenants within
their respietive subdivisions, fit the place and on the days by them directed,
6araitme lists in writing of the names of all the men usually dwelling
wftUb their respective parishes, between the ages of eighteen and forty-five,
dtstioguishing their respective ranks and occupations, and in like manner in
every respect and for such several purposes as are by this Act directed to be
done and performed by the constables, tythingmen, headboroughs, or other
''ffieeis of each parish, tjrthing, or place, within their respective hundreds, or
other divisions ; and that the churchwardens and overseers of the poor of the
several parishes in the said counties to whom such precepts and orders shall be
issued shall for the purposes of this Act be deemed the officers of such parish,
and shall be invested with the same powers and authorities, and be liable to
the same pains, penalties, and forfeitures, as the constable, ty thingman, head-
borough, or other officer of any parish, tything, or place is invested with or
subject and lutble to by virtue of this Act
CLYIL And whereas it may happen through neglect or otherwise that in
some county, riding, or place the militia may not be raised according to the
directions of this Act ; and it is just and reasonable that all his Majesty's
subjects should contribute equally towards the expence of raising and support-
ing a militia for the defence of the realm : Be it therefore further enacted, that
the lieutenant or any three deputy lieutenants of every county, riding, and
place, where the militia shall be raised according to the directions of this Act,
shall on or before the twenty-fifth day of December in every year transmit
a certificate to the clerk of the peace, containing an account of the names,
nmnber, and rank of the oflicers, and the number of non-commissioned officers,
drummers, and private men of the militia of that year, and the time during
which such militia hath been trained and exercised ; and every such clerk of
the peace shall deliver such certificate to the justices of the peace at their
Ohnrchiraideiis
and overseen
in Sussex and
Kent to make
returns of men
liable to senre,
&C., and to
have the same
powers as con-
stables in other
places.
Lieutenants,
&c., to transmit
certificates of
the number,&c.
of the militia
to the clerks
of the peace
annualir on or
before Dec. 25,
to be filed
amongst the
records of the
quarter ses-
sion.
122
42 George III. c. 90.
A.D. 1801-2.
Where no cer-
tificate is re-
ceived, a certi-
ficate thereof
shall be made
by the clerk of
the peace, and
filed.
Where the
quota of any
county, &c.
shall not be
raised within a
limited time,
10/. shall be
paid for each
man deficient,
for which the
justices in ses-
sions shall
make an as-
sessment.
Such assess-
ments upon
counties to be
made on each
parish, pro-
portionally to
the number of
men it is re-
quired to raise.
When the
deficiency
shall arise in
any particular
parish or
parishes, the
assessment
shall be made
thereon.
general quarter sessions to be held next after the twenty-fifth day of December
in every year^ on the day on which such session shall be opened, and the same
shall be filed amongst the records of such session ; but where no such certifi-
cate shall be received by the clerk of the peace as aforesaid^Jbe shall certify
the same under his hand and seal to the justices so assembled, and such certi-
ficate of the said derk of the peace shall be filed amongst the records of such
session.
CLVIIL And be it further enacted, that in every coimty, riding, or place
in which the full number of men required by or in pursuance of any of the
provisions of this Act as the quota of such county, riding, or place shall not
be raised and completed within six months after the passing of this Act, or
after the same shall have been fixed and established by any subsequent order
of his Majesty in council as herein-before directed, then and in every such case
the sum of ten pounds shall be annually paid for and in lieu of every private
militia man less than the quota of such county, riding, or place, who shall not
have been raised within the time limited by this Act ; and the justices of the
peace and magistrates of every such county, riding, and place, assembled at
the general or quarter sessions of the peace to be held next after the expiration
of the said six months, shaU, upon the receipt of the certificate of the lieu-
tenant or three deputy lieutenants, which certificate he and they is and are
hereby required to transmit to the clerk of the peace for such county, riding,
or place, in order to be laid before the said justices and magistrates respec-
tively at such sessions, rate and assess the said sym of ten pounds per man as
aforesaid upon every such county, riding, or place ; and in case at any future
time the number of men required to be provided for the militia of any county,
riding, or place, according to the several provisions of this Act, shall not be
provided within three calendar months after the lieutenant or any one of the
three .deputy lieutenants shall have had notice from or by the order of the
commanding oflScer of any regiment, battalion, or corps of such militia of any
such deficiency, then and in every such case the justices and magistrates as
aforesaid, assembled at the next general or quarter sessions of the peace holden
for the county, riding, or place, after such deficiency shall have been made
known to them by the lieutenant or deputy lieutenants as aforesaid, shall rate
and assess the like sum of ten potmds for every man so deficient as aforesaid
upon every county, riding, or placa
CLIX. And be it further enacted, that the justices and magistrates afore-
said, in making any such rate and assessment upon the whole of any county,
riding, or place, shall apportion the sums so to be assessed as aforesaid, and
rate and assess the same upon the several parishes and tythings in such county,
riding, or place in the same proportions in which the men for the militia are
required to be raised by such parishes and tythings respectively, according to
such appointment as may have been made thereof in pursuance of this Act, or
to the last apportionment that shall have been made of men to be raised by
each parish and tything.
CLX. And be it further enacted, that when in any county, riding, or place
such deficiency of men shall arise from the default of any particular parish
or tything or parishes or tythings in such county, riding, or place, in not
raising the proportion or respective proportions of men recjuired to be raised by
any such parish or tything or parishes or tyliiings, then and in such cases the
(
i
AJ). 1801-2.
42 George III. a 9a
123
siidjnriices and magistrateB> in making such rate and assessmont as aforesaid^
ah^ late and assess all and eveiy such sxun and smns of money upon such
palish or iything or parishes or tyiliings that shall have so made default as
albreBaid, in proportion to the number of men by which each of such parishes
or tythings shall fall short of the number of men required to be raised tiierein.
nr.YT Ahd be it further enacted, that the justices and magistiutes of the
sevenl oounties, ridings, and places, where any such rate and assessment
ahaD be made as aforesaid, shall immediately after the making of any such
isjbe and assessment as aforesaid transmit or cause to be transmitted the
several amounts of the sums so assessed upon the several parishes and tythings
to the treasurer or treasurers of such county, riding, or place ; and such
treasurer or treasurers shall, as soon as conveniently may be, cause notice
iliaeaf to be given to the respective overseers of the poor of the several
parishes and tythings upon which any such rate or assessment shall have
been made as aforesaid; and such overseers shaU, within fourteen days after
SQcb notice as aforesaid of such rate or assessment, pay the amount of the
njte or assessment made upon their respective parishes or tjrthings, out of any
vMney in their or any of their hands of the rates for the relief of the poor ;
ttd if they or any of them shall not have sufficient of such money for that
for^, then such overseers shall and they are hereby required to make a
ntenSeient to satisfy such rate and assessment ; and it shall be lawful for
Ihe sttd werseers to levy and collect the same in such manner as rates made
h tie relief of the poor or any other rates made for the purposes of this
ieifflsjbe levied and collected
flJU And be it further enacted, that the treasurer or treasurers re-
mmg any such sum or sums of money shall retain such sum or sums of
ffiODej in his or their hands for three calendar months after the receipt
ttereof, and during the said period of three months it shall be lawful for any
deputy lieutenant of the subdivision of the said county, riding, or place
within which such parish, tything, or place shall be situate, to raise any
volunteer or volunteers for such militia in lieu of such man or men as shall
be so deficient as aforesaid, and to agree with every such volunteer for a bounty
not exceeding the sum of ten pounds ; and the deputy lieutenant before whom
any soch volunteer shall be duly examined, approved, sworn, and enrolled
to serve in the militia, shall make an order upon such treasiirer or treasurers
for the payment of such bounty, and upon the production to such treasurer
or treasurers of a certificate under the hands of such deputy lieutenants as
aforesaid of any such volunteer having been didy examined, approved, sworn,
and enrolled to serve in the militia, and of such order for the payment of
soch bounty as aforesaid, and of a certificate under the hands of the com-
manding officer of any regiment, battalion, or corps of militia of such county,
riding, or place of such man having joined his raiment, battalion, or corps,
sodi treasuivr or treasurers shall and he and they is and are hereby re-
spectively required to pay out of such money in his or their hands as afore-
said any sum of money not exceeding the ssud sum of ten pounds for each of
sodi volunteers as aforesaid ; and audi treaaorer or treasurers shall, at the
expiration rf three months after the receipt of soeh mon^ as aforesaid, pay
an Boms of money as may have come into his or their hands for and on
aeeonnt of any siudi fines as aforesaid, and as shall not have been fiaid for
Jufitioes to
trannmit the
amount of the
Rums amesaed
to the county
treasurer, who
Hhall give
notice to tho
overseers of
the poor, who
shall pay the
money out of
the poor rates.
County trea*
surer to retain
such money
throe mouths,
and pay there-
out hounties to
any vohmtoi^m
that tho deputy
lieutenants
shall mise
within that
period for sup«
plying dtificUifi'
cieN, und then
pay the balance
to the TiicAviir
general of the
county.
124 ■
4^ Geoeoe IIL a 90.
A.D. 1801-1
be miiicd ui
with wiiicl
BDvIi place
that whori'iD
the church
stands.
IftheassiWi'-
anjr count J- '
.0 thii n-
it chHll lif iu-
dmiDified fur
quolu, aiul Iil'
K-hatl, wiibiii
t*u dnjK after
n.'Ceiviuc iiiij
vCTlifj to t Le
and on account of any such volunteer as aforesaid in manner herein diiected,
to the receiver general of such county, riding, or place, to be applied and
disposed of in like manner as directed by this Act
CLXIII. And vhereas there are several cities, towns, and places which do
not contribute to the payment of the said rate called the county rate, and
doubts may arise whether such cities, towns, tmd places can be legally rated ra
assessed towards the payment of the rat« or assessment to be laid in puisuance
of this Act :. Be it therefore enacted, that in all cases where the militia shall
not be raised within any city, town, or place not rated to the county rate, tlie
proportion of the said sum of ten pounds per man to be borne by such city,
town, or place shall be raised, levied, and collected within such city, town, or
place by a separate rate or assessment in like manner by the overseers of the
poor, and by such and the like ways and means as the rates for the relief of the
poor can or may be raised, levied, and collected ; and such overseers of the poor
shall from time to time pay over the same to the treasurer of the county, riding,
or place with which such city, town, or place shall be joined or united for
the purpose of raising the militia.
CLXrV. And whereas there are some towns which lie in two counties or
ridings, and doubts may arise whether such towns are obliged to pay to boUi
counties or ridings towards raising the said money : Be it therefore further
enacted, that where any town lies in two counties or ridings, or part thereof
in a county and part in a riding, the proportion of the said money to be paid
for such town in lieu of raising the militia as aforesaid shall be paid to tbe
treasurer of the county or riding wherein the church of such town is situate.
CLXV, And be it further enacted, that if any sum of money which ought to
be paid by any city, town, or place not rated to the county rate as aforesud
shall not be paid to the tieasurer of the county, riding, or place as aforesaid
before the first day of June in every year, the justices of the peace for such
county, riding, or place shall at their next Midsummer quarter sessions and
they are hereby required (by their warrant directed to any constable or tything-
maji of every such parish and division) to cause the stmi due from such parish
under this Act, by reason of such men notbeiugraised as aforesaid, to be levied
by distress and sale of the goods and chattels of the respective overseers of the
poor of every such parish and division, rendering the overplus (if any) to the
owners of such goods and chattels, after such money and the reasonable charges
attending such distress and sale shall be fully paid and satisfied ; and all such
overseers of the poor shall be reimbursed the money so levied on them respec-
tively by the same ways and means as overseers of the poor are reimbursed
the money by them expended for the reUef of the poor by the laws now in
being, and may make a rate for that purpose if necessary.
CLXVI. And be it further enacted, that every receiver general of the ratea
and duties under the management of the commissioners for the afiaJrs of taxes,
to whom any such money shall be paid, shall give a i-eceipt for such money to
the person or persons paying the same, which receipt' shaJl be a sufficient dis-
chai^ for such payment ; and that when the whole sum directed to be raised
in any county, riding, or place as aforesaid shall be paid into the hands of
the receiver general in pmsuance of this Act, such payment shall be a fiiU
discharge and indemnification to such county, riding, or place for the failure
or neglect in raising and training tiie number of men of the militia for the
AJ). 1801-2,
42 Oeobqe III. c. 90.
125
jnr in respect whereof such payment shall be made ; and every such receiver
general shall, within ten days after the receipt of any such money, certify such
receipt to tiie lord high treasurer or commissioners of his Majesty's Treasury,
snd forthwith pay the same into the receipt of his Majesty's Exchequer at
Westminster ; and the money so paid into the Exchequer shall be kept sepa-
rate and apart from all other money, and shall be accounted for yearly to
Parliament, and disposed of as Parliament shall direct ; and no fee or gratuity
whatsoever shall be given or paid to any officer of the Exchequer for or on
aoeoont of receiving or issuing any such money ; and the high treasurer or the
eommisEdoners of the Treasury, or any three or more of them, is and are hereby
aathorized to allow to the receiver general of any such county or place, upon
tfie dealing of his accounts, such salary or reward for his pains and trouble
in receiying and paying in such money as the said high treasurer or commis-
aoners shidl think proper, not exceeding twopence in the pound for so much
money as he shall pay into the Exchequer in pursuance of this Act.
CLXVIL Provided always, and be it further enacted, that the treasurer of
every county, riding, or place, in which any such money shall be raised as
iforesaid, shall be allowed for his pains and trouble the mim of one penny in
ihe pound upon the whole sum so by him received and paid ; which allowance
every sach treasurer is hereby authorized to detain in his htinds out of the
iHney so received by him, before payment made to the receiver general as
BloRMid; and every high constable, petty constable, churchwarden, and over-
seer of tike poor, who shall *act in the raising and collecting of the said money,
sluU le^tively be allowed and paid by such treasurer, as a recompence for
tieff trouble therein, the sum of one penny in the pound of aU such money, in
&e nising and collecting whereof they shall respectively act as aforesaid ;-
Hid sach treasurer is hereby authorised and required to deduct the same out
of tk money so received by him as aforesaid, and to pay the respective propor-
tions thereof to such high constables or other officers aforesaid.
CLXVUL And be it further enacted, that the clerk of the peace for every
coontj, riding, or place shall and he is hereby required within fourteen days
next after the general quarter session of the peace to be held next after the
twenty-fifth day of December yearly to transmit to the lord high treasurer
or the commissioners of the Treasury, and also to the receiver general for such
oouofy, riding, or place, a copy signed by such clerk of the peace of every cer-
tificate which he shall have received from the lieutenant or any three deputy
lieutenants of such county, riding, or place as aforesaid ; and where such cer-
tificate shall be omitted to be delivered, the clerk of the peace shall certify
sach omission to the lord high treasurer or to the commissioners of the
Treasoiy, and also to the receiver general, and that such clerk of the peace
hath certified the same to the justices at such general quarter session and re-
qwiei such justices to proceed according to the directions of this Act, and such
clerk of the peace shall also certify what proceedings have been had at such
general quarter sessions in relation to the assessing and raising of the said
money, where the militia shall not have been raised ; and in case such justices
sfaaD omit, neglect, or refuse to proceed to raise the said money according
to the directions of this Act, then the clerk of the peace of such county,
riding, or place shall and he is hereby required within fourteen days next after
sach general quarter session of the peace, to certify to the solicitor of the
Treasury and
pay the amount
into the Ex-
chequer, to be
disposed of by
Farliament
The Treasury
may allow to
the receiver
general of the
county a re-
ward for his
trouble.
County trea-
surer nmy de-
tain Id. per
pound of the
money he re- .
ceives, and
shall uiake a
like allowance
to high con-
stables, &&,
out of such
sums as they
shall be con-
cerned in col-
lecting.
i
Clerks of the
peace shall
transmit ai^
nually copies of
certificates re-
oeiTed from the
lieutenants,
and where not
delivered shall '
certify sucn
omission to the
Treasury, Ac,
and shall certify
proceedings of
justices in
raising money,
where militia
is deficient,
to the solicitor
of the Trea-
sury, who
shsil compel -
them to raise
such money,
if they have
omitted to do
so.
r
T}'
126 42 George III. a 90. A-D. 1801-2.
Treasury such omission, neglect, or refusal of such justices, and the names of
the justices who shall be present at such session; and the solicitor of the
Treasury is hereby required, on receipt of such certificate, forthwith to proceed,
by aU such legal ways and means as shall be most effectual and expeditious, to
compel such justices to pay due obedience to this Act, and to cause the said
money to be raised, collected, and paid. /
If 10/. per CLXIX. And be it further enacted, that if the said sum of ten pounds per
man be not xt-'jij-j* i. x«j- i i»»j
raised in any ^^^^ ^ be raised and paid in any such county, nding, or place as afoiesaid
place, and shall not be levied, collected, and paid into the Exchequer in manner herein-
^ch^Miier,^ before directed, the solicitor of the Treasury is hereby required forthwith upon
*h^ n^Ii°^*^' °^ knowledge or information thereof to proceed, by aU such legal ways and means
shall compel its ^ shall be most effectual and expeditious, to compel the levying and collect*
bemg raised, jjjg Qf g^^ money and the payment thereof into the Exchequer as aforesaid.
Penalty for CLXX. And be it further enacted, that if any clerk of the peace shall refiwe
by^derks of" ^ ^^ wilfully neglect to receive, deliver, file, make, record, or transmit any sach
the peace, le- certificates as aforesaid, according to the directions and true meaning of this
^^a^Scc' ^^> every such clerk of the peace so offending shall for every such offence
forfeit and pay the sum of one hundred pounds, and shall also forfeit his (^oe
and be rendered incapable of having, receiving, or holding any office of trusty
civil or military, under the Crown ; and if any receiver general, treasurer,
chief constable, petty constable, or other officer who ought to act and assist in
the raising and collecting of the said money, shall wilfully omit or neglect or
refuse to act or assist therein, according to the direction and true meaning of
this Act, every such receiver general or treasurer so offending shall for every
such offence forfeit and pay the sum of two himdred pounds, and every such
chief constable so offending shall for every such offence forfeit and pay the
sum of fifty pounds, and every such petty constable and other officer 8o
offending shall for every such offence forfeit and pay the sum of twenty
Solicitor of the pounds ; and the solicitor of the Treasury shall and he is hereby required with
^J^«u>7to all due diligence to prosecute with effect all such justices of the peace,
justices, &c. receivers general, treasurers, and other officers, who shall omit, neglect, or
TOiiSS^ofsM/ ^'®^^^®® ^ perform the duty required of them respectively by this Act touching
the raking, collecting, and paying of the said money ; and in case the solicitor
of the Treasury shall wilfully omit or delay to proceed against any Buch justices
[: of the peace, receivers general, treasurers, or other officers aforesaid, he shall
for every such offence forfeit and pay the sum of five hundred pounds.
Provisions of CLXXI. AND be it further enacted, that the provisions of an Act passed in
c. 44. to extend ^© twenty-fourth year of the reign of his late Majesty king George the Second,
toUeutenanta intituled " An Act for the rendering justices of the peace more safe in the
lieutenante. " exccution of their office, and for indemnifying constables and others acting in
** obedience to their warrants," shall extend to all his Majesty's lieutenants and
to all deputy lieutenants acting in the execution of this Act, in like manner
and as fully and effectually as the same extend to justices of the peace acting
in the execution of their office.
Commissions CLXXIL And be it further enacted, that the acceptance of a commission in
to mcate ^ts ^® militia shall not vacate the seat of any member returned to serve in Par-
in Farliament. liament ;
Militiamen CLXXIIL And be it further enacted, that no officer, non-commissioned
\ S**°^iiamen^ officer, drummer, or private man of the militia shall be liable to any penalty
I.
■
I
I
r
J
JJ>. I801-i
42 George III. & 90.
127
or punishment for or on acooilnt of his absence during the time he shall be
going to vote at any election of a member to serve in Parliament, or during the
time he shall be returning from such election.
CLXXIY. And be it further enacted, that no Serjeant, corporal, or drummer
of the militia, nor any private man, from the time of his inrohnent until he
shall he r^ularly discharged from the militia, shall be compelled to serve as a
peace officer or parish officer, .•...«...
• • • • •• • • •
ICLXXTL*2 AsD be it frirther enacted, that all fines, penalties, and for-
feitures by this Act imposed, which shall exceed the sum of twenty pounds,
diall be recovered by action of debt, bill, plaint, or information, in any of his
Majesty's courts of record at Westminster, or the courts of great session in
the piincipality of Wales, or the courts of the coimties palatine of Chester,
Liocaster, and Durham (as the case shall require) ; wherein no essoign, privi-
lege, protection, wager of law, or more than one imparlance shall be allowed ;
anl that all fines, penalties, and forfeitures by this Act imposed, which shall
not eseeed the sum of twenty pounds, shall, on proof upon oath of the offence
before any justice of the peace of the county, riding, or place where the offence
shall be eammitted, be levied by distress and sale of the offender's goods and
dtttteisbjr warrant under the hand and seal of such justice, rendering the over-
^(if any) on demand, after deducting the charges of such distress and sale, to
the fenoQ whose goods and chattels shall have been so distrained and sold ; and
(or want of sufficient distress such justice is hereby required, in all cases where
fio paitiolar time of commitment is herein-before directed, to commit such
(linder to the oonmion gaol of the coimty, riding, or place where the offence
shall hve been committed, for any time not exceeding three months ; and the
ffiooey arising by all such fines, penalties, and forfeitures, the application
viiereof is not otherwise particularly directed by this Act, shall be paid to the
derk, or (where there are no clerks) to the commanding officers of the respec-
tive le^ments, battalions, or other bodies of militia of the respective counties,
lidings, or places where such offences shall have been respectively committed,
and shall be made part of the public stock of such regiments, battalions, or
other bodies of militia respectively.
CLXXyiL And be it further enacted, that no order of conviction made by
uy lieutenant of any county, riding, or place, or by any two or more deputy
HentoiaQtB, or by any one deputy lieutenant together with any one justice of
the peace, or by any justice or justices of the peace, by virtue of this Act,
shall be removed by certiorari out of the county, riding, division, city, town, or
plaee wherein such order or conviction shall have been made into any court
whatsoever ; and that no writ of certiorari shall supersede execution or other
proceedings upon any such order or conviction so made in pursuance of this
'^; bat that execution and other proceedings shall be had and made there-
^n, any such writ or writs or allowance thereof notwithstanding.
CliiiVlll And be it further enacted, that if any action shall be brought
^gBinst any person or persons for any tiling done in pursuance of this Act,
^^ action or suit shall be commenced within six months next after the £act
<^(>^Duiiitted and not afterwards, and shall be laid in the county, riding, or place
I^ Rep., 8o far as relaies to coons in the principality of Wales, or of the county
P«^e of Chester, StoL Law Bev. Act, 1872.1
tary eleotions
not paiiishablo
for absence.
Non-Oommifl-
flioned ofScers,
dmnuners,
and men not
liable to serve
as peace
officers.
How penalties
shall be reco-
vered and how
applied where
not otherwise
directed by
this Act
No order to
be removed or
sopersc-ded by
certtorarL
lifflitatiofi of
actions.
128
42 Geoboe ni. c. 90.
AD. 1801-2.
where Uie cause of complaint did arise, and not elsewhere ; and the defendant
or defendants in every such action or suit may plead the general issne, and
give this Act and the special matter in evidence at any trial to be had there-
upon ; and if the jury ehall fiod for the defendant or defenduits in any such nction or
suit, or if tho pluintifF or plaintifis ^hall be nonguit, or discontinue hie, her, or tUinr aelinti
or suit after the defendant or defendants shall have appeared, or if upon demurrer
judgment shall be given against the plaintiff or plaintiffs, the ddendant or di^fcnrlnnia
shtjl have treble costs, and have the like renedy for the same as any defcadaut hath
in other cases to recover costs by law, JRep., 5 & 6 Vict. c. 97. a. 2.J
SCHEDULES to which this Act refers.
Schedule E.
Subdivision of in the county of
Return of Inrolment, dated the day of
Nameti of HcD.
Date
of
Inrolment.
ClflBSC*.
Prindpal.
1 Sul»titi>tei.
..^.
,.
3d. 3il
.,>,
LaM.
Islington
Sam'. Jonet
-
-
Ap-.a!
30
X
C.
Tho". Bmiih
Edw^. Jonca
-
» 82
-
-
K
D.
-
-
Tlio'. Gray
» 23
-
-
-
y.
-
-
-
-
_
-
M
—
; —
~
~
H
■iululs
1
serving.
1
1
Keturn of
of tho county of
Signed A. B. Clerk to Subdivision Meeting.
of the Militia
Schedule F.
Company in tho
dated the day of
Parahes.
Named of Men ecfiag.
Age*.
Classai.
Principals
SatMtitutca.
VoluDteert.
irt.[ad.'a(i.Jth
..
H.
M.
Islington
H.
Sam. Jonea
Tho. Grey
Tho. Smith
33
it
26
X
X
X
X
TolalB
Signed A. B. Captain of
Company'
IlD. 1801-^2;
42 George III. c 90, 91.
129
Schedule G.
Rbpubn of Private Militia serving for the county of
Dated the
day -of
of
MCD.
No.
of
each.
Yean of Service nnezpired.
No. of Men in each Class.
1.
2.
3.
4.
5.
I8t.
2d.
dd.
4th.
Last.
VainteerB -
Totals
•
•
p
1
)
A.B., Clerk to General Meetings.
N.R — If the militia of any comity, riding, or place is divided into more
than one r^iment^ battalion, or corps, a separate return is to be made for each,
and the description of the regiment, &a put at the top of the return.
CHAPTER XCL
An Act to raise and establish a Militia Force in Scotland.
[26th June 1802.]
Il/ lllfiR£AS a well-regulated militia has been found to be of great utility,
' ' and is of the utmost importance to the internal defence of the realm : And
viierefts the establishing of a militia force in Scotland, on a permanent footing,
voold essentially contribute to the safety of the United Kingdom : Be it there-
£ofre enacted by the King's most excellent Majesty, by and with the advice and
eonsent of the lords spiritual and temporal, and commons, in this present Par-
fiament assembled, and by the authority of the same, Pi that bis Majesty may
acnd shall from time to time constitute and appoint lieutenants for the counties,
ate^rartries, cities, and places herein-after mentioned ; and the several lieutenants
so ap]>ointed shall have full power and authority and are hereby required to
call together, arm, array, and caused to be trained and exercised such persons
and in sach manner as is herein-after directed, once in every year ; and the
■aid lieutenants severally shall from time to time constitute and appoint such
persons as they shall think fit, being qualified as herein-after is directed, and
fiving veithin their respective counties, stewartries, cities, and places, to be their
depul^ lieutenants (the names of such persons having been first presented to
and Approved by his Majesty) ; and the said lieutenants shall, in manner
herein-after mentioned, also appoint a proper number of colonels, lieutenant
eolonels, majors, and other officers, qualified as herein-after directed, to train,
discipline, and command the persons so to be armed and arrayed, according to
the rules, orders, and directions herein-after mentioned ;
His Bfajestjr
may appoint
lieutenants of
counties, &c.,
who sJiaJl call
out the militia
yearly, and ap-
point deputy
lieutenants
and officers.
{^Sect. 1. rep», Bofiur as relates^ to the qualifications of deputy lieatenants and of
flfficerv in the militia, Stat Law BeT. Act, 1873.]
vol* IV. I
§■
I
ri.
i
I.
4
1
•
Rank of
officers.
1 t
w
r .
>■ .
fr
L -
No deputy
lieutenant to
be appointed
till his qualifi-
cation be de-
livered to the
clerk to the
commissioners
of supply, who
shall transmit
a copy to the
lieutenant.
1 — «
if -
Clerks of sup-
ply to enter
qualifications
upon a roll and
insert dates of
comnussions,
&c in the Lon-
don Gazette ;
and to transmit
annually to
the Secretary
of State an ac-
count of qualifi-
cations to be
laid before
Parliament.
14
t
t'
I
t
130
42 Oborge III. c. 91.
A-D. 1801-2.
Penalty on
persons acting
"who are un-
qualified, or
who have not
delivered in |
their qualifi-
cations.
I
Sj'.
.
I"
t
h
Peers, or their
r
t-'
heirs appa^
rent, may act,
>
though not
'%
>
•
I'
h
and the officers so appointed for the militia, to be armed and arrayed as herein-
after directed, shall rank with the officers of such of his Majesty's regular forces
as yoimgest of their rank.
|VIIL»J And be it further enacted, that no person shall hereafter be
appointed to be a deputy lieutenant of any county, stewartry, city, or place, or
be appointed to a higher rank in the militia than that of lieutenant, until he
shall have delivered in to the clerk to the commissioners of supply of the county,
stewartry, city, or place for which he shall be appointed, or (in the absence of
the clerk of supply) to his deputy, a specific description in writing, signed by
himself, of his qualification, stating the parish or parishes in which the estate
or estates which form his qualification is or are situate ; and the clerk of supply
or his deputy shall transmit to the lieutenant of the county, stewartiy, city, or
place, a copy of such description ;
|IX.^I And be it further enacted, that the clerk of supply of every couniy,
stewartry, city, and place shall and he is hereby required to enter the qualifi-
cations transmitted to him according to the directions of this Act upon a roll
to be provided and kept for that purpose, and to cause to be inserted in tiw
London Gazette the dates of the conmiissions, and names and rank of iltt
officers, together with the names of the officers in whose room they ait
appointed, in like manner as commissions in the army are published from tk
War Office ; and he is hereby authorized to charge the expence of such inse^
tion in the Gazette for each commissi(m to the collector of the land tax of the
county, stewartry, city, or place, who is hereby directed to pay the same ; and
the said clerk of supply or his deputy shall, in the month of January in eveiy
year, transmit to one of His Majesty's Principal Secretaries of State a complete
account of the qualifications so left with him, and the Secretary of State
receiving such account shall cause copies thereof to be annually laid before
both Houses of Parliament ;
iX.*J And be it further enacted, that if any person shall execute any rf
the powers hereby directed to be executed by deputy lieutenants, colonel^
lieutenant colonels, or majors, not being qualified as aforesaid, or without
having delivered in such specific description of his qualification as is herdtt-
before required, every such person shall forfeit and pay the sum of two
hundred pounds ; and if any person shall execute any of the powers hereby
directed to be executed by captains, not being qualified as aforesaid, or without
having delivered in such specific description of his qualification as is herein-
before required, every such person shall forfeit and pay the sum of one hundred
pounds ; one moiety whereof shall go to the use of the person who shall sue fa
the same ; and in every action, suit, or complaint brought against any person
for acting as deputy lieutenant, colonel, lieutenant colonel, major, or captain,
not being qualified as herein-before directed, the proof of his qualification shall
lie upon the person against whom the same is brought : Provided always, that
nothing in this Act contained shall restrain or prevent any peer of this reahni
or heir apparent of any such peer, from being appointed or acting as a deputy
< ^
l^ Rep., so far as relates to officers in the militia, Stat. Law Rev. Act, 1872.}
p Rep., so far as relates to the qualifications of officers in the militia^ Stat. Law Bev*
Act, 1872.1
A.D. 1801-2.
42 Geobqe hi. c. 91*
181
Keutenani or a commissioned ofScer in the militia within the county, Btewartry, po88ei^<«d of
dty, or place, or connties, stewartries, cities, and places contributing to form one ^" catwnB.
sudi Isattalion of militia as herein-after directed, wherein such peer, or heir
apparent of such peer, shall have some place of residence, although he may not
have the qualification herein-before required, or to oblige any peer of this
leahn, or heir apparent of such peer, who shall be appointed a deputy lieu-
tenant or commissioned officer as aforesaid, to leave with the clerk of supply
fiar the county, stewartry, city, or place for which he shall be appointed any
qualification in writing as aforesaid.
IXIL^i And be it further enacted^ that his Majesty, his heirs and successors,
may finnn time to time, as he and they shall think fit, signify his and their
pkAsuie to his and their lieutenant of any county, stewartry, city, or place to
£splaoe all or any deputy lieutenants and officers in the militia ; and there-
upon his Majesty^s respective lieutenants shall forthwith displace such deputy
^tenants or officers and appoint others within the same county, stewartry,
Qty, or place with the like qualifications, and imder and subject to the like
iravisions and restrictions, to serve in their stead.
Xm And be it further enacted, that the lieutenant of every county,
ttewuizy, dty, and place shall from time to time appoint a clerk of the
pnenl meetings to be holden as hereiQ-after direct^ and may displace such
dei if lie shall think fit and appoint another in his room; and the deputy
BoiteDislB within their respective subdivisions, or the major part of those
jnsent 4t any subdivision meeting, shall also from time to time appoint a
dskh their subdivisions, and may displace such derk if they or the major
fvi of them shall think fit^ and appoint another in his room.
IIY. Aim be it farther enacted, thai the number of private men (exdusive of
lojeiots^ corporals, and drummers) to be raised by virtue of this Act shaU be as
UJovs; (videlicet) for the county of Edinburgh three hundred and thirty-three; for
the chy of Edinburgh three hundred and ten ; for the county of Linlithgow ninety-
bat; for the county of Ebddington one hundred and fifty-four; for the county of
Berwick one hundred and fifty-five ; for the county of Peebles forty-five ; for. the
CDonty of Selkirk twenty-five ; for the county of Roxburgh one hundred and seventy-
o^t ; for the stewartry of Kircudbright one hundred and fifihr-one ; for the county of
Wigtoa one hundred and nineteen ; for' the county of Ayr mur hundred and ihirty-
nz ; ibr the county of Benfrew four hundred and four ; for the county of LanaiiL
ttren himdred and fifty-one ; for the county of Stirling two hundred and sixt^-three ;
for the oounty of £jnro6s thirty-five ; for the county of Fife four hundred and eighty-
fimr ; for the oounty of Dunharton one hundred and seven ; for the county of Bute
sixty-one ; for the county of Argyle three hundred and sixty-four ; for the county of
ioTemess three hundred and eighty-four ; for the county of Perth six hundred and
fifiy-three ; for the county of Forfar five hundred and eleven ; for the county of
Kincardine one hundred and thirty-six ; for the county of Aberdeen six hundred and
iortj ; for the county of Banff one hundred and seventy-nine ; for the county of Elgin
one hnndred and thuty-eight ; for the county of Nairn forty-three ; for the county of
Cromarty sixteen ; for the county of Boss two hundred and seventy; for the county
of Sutharknd one hundred ; for tibe oounty of Caithness <Mie hundred and twenty-one ;
for the county of Dumfries two hundred and eighty-four ; for the county of UUck-
namian fif^-six. [Bep^ Stat. Law Bev. Act, 1872.|
XY. Ahd be it further enacted, that the numbers of private militia men herein-
before appointed to serve for the several oountiesy stewartries, cities, and places
aforesaid shall continue to be and remain the respective quotas of the sever^ and
of deputy lieutenants and of officers in
I 2
His Majesty
may order ueu-
tenants to dls*
place depaty
lieatenants or
officers.
lieutenantii
and deputy
lieatenants to
appoint clerks
of their meet-
ings.
Nnmbns of
private men
to be as herein
specified.
Ihe munbcf*
of prinrte men
from time to
tone i^poioted
f* Bep., so fiir as relates to the
fbe mflitia, Stat Law Bev. Act, 1873.1
1
132
42 Oeoroe III. a 91.
A,D. 1801-1
by the Privy
Omndl shall
oontinoe the
qaotas until
others are
settled..
Regulations for
holding general
meetings of
lieutenancy.
Subdivision
meetings to
consist of two
deputy lieu-
tenants at the
least, or of one
deputy lieu-
tenant and a
justice of the
peace.
respective counties, stewartries, cities, and places aforesaid nntil the twenty-fifth day of
June one thousand eight hundred and five, and from thence until other qaotas shall be
settled, ascertained, and appointed by his Majestjr's Privy Council^ in manner herein-
after directed {Rep., Stat. Law Rev. Act, 1872.}; and the several and respective
quotas that shall at or after the expiration of the said first-mentioned period,
and also from time to time at or after the expiration of every sucoessive ten
years after such period, be settled, ascertained, and appointed by bis Majesty's
Privy Council, under the provisions of this Act, shall, from the appointment
thereof, continue to be and remain the respective quotas of tbe several and
respective counties, stewartries, cities, and places itforesaid, after which any
such subsequent quotas shall have been appointed, until other quotas shall be
settled, ascertained, and appointed under this Act.
XYI. And be it further enacted, that general meetings of the lieutenancy of
every county, stewartry, city, and place shall be holden in some principal town
of every such county, stewartry, city, and place ; and such general meetings
shall consist of the lieutenant, together with two deputy lieutenants at the
least, or on the death or removal or in the absence of the lieutenant, then of
three deputy lieutenants at the least, of every county, stewartry, city, and
place respectively, and one such general meeting shall be holden within eray
county, stewartry, city, and place annually upon the last Tuesday which doU
happen before the first day of August in every year ; and the lieutenani
together with any two deputy lieutenants, or (on the death or removal or in
the absence of the lieutenant) any three deputy lieutenants of any county,
stewartry, city, or place, when and as often as they shall find necessary for
carrying the purposes of this Act duly and fully into execution, may summon
or cause to be summoned other general meetings of the lieutenancy, on any
days to be fixed by siich summons, of which days and the places of holding sudi
meetings respectively notice shall be given in any weekly or other newspaper
usually circulated in such county, stewartry, city, or place, fourteen days at the
least before the days appointed for holding such meetings respectively ; ' • •
and in case any annual or other general meeting shall not be
attended by the lieutenant and two deputy lieutenants or by three deputy
lieutenants, as herein-before required, the lieutenant, or any one deputy lieu-
tenant who shall attend at such meeting, shall and may adjourn the same to
any other time and to any place within such county, stewartry, city, or place ;
and in case no deputy lieutenant shall attend at the time and place appointed
for the next meeting, then the clerk of the general meetings, or his deputy,
shall adjourn such meeting to any other time to be holden at the same place.
XVII. And be it further enacted, that meetings of the deputy lieutenants
for the subdivisions of their respective counties, stewartries, cities, and places
shall be holden as herein-after directed; which subdivision meetings shall
consist of two deputy lieutenants at the least : Provided always, that at any
subdivision meeting appointed according to the directions of this Act, where
two deputy lieutenants do not attend, it shall be lawful for any one deputy
lieutenant, together with any one justice of the peace of the county, stewartry,
city, or place within which such subdivision lies, to do all acts, matters, and
things which are by this Act directed to be done by deputy lieutenants at
their respective subdivision meetings ; and all such acts, matters, and things so
done by any such deputy lieutenant and justice of the peace shall be as good;
valid, and effectual in the law to all intents and purposes as if they had been
A.D. 1801-2,
42 Qeoage III. c. 91.
133
done by two deputy lieutenants of such county, stewartry, city, or place, any
tiling in this Act to the contrary hereof notwithstanding.
XYIIL And be it further enacted, that the respective clerks of the sub-
division meetings shall, as soon as conveniently may be after any such
subdivision meeting shall have been appointed, give notice in writing of the
time and place of meeting to such of the deputy lieutenants who shall be
resident within such subdivision as he conveniently can, and also to the com-
manding officer of the regiment or battalion, if on actual service, or (if not on
actual service) to the colonel or other commandant thereof, or, in case of his
aheence fin)m Great Britain, to the next commanding officer within Great
Britain, by notice addressed to the adjutant, and' an account of the several
days fixed for receiving lists and for ballotting and for inrolling the militia
men within such subdivision ; and shall, as soon as the militia men are inroUed,
likewise transmit to the colonel or other conmiandant, or to the commanding
officer as aforesaid, in manner aforesaid, a list specifying the names, trades, and
usual places of abode of all such militia men as are inrolled, and, where there
are substitutes, the names, trades, and places of abode of the persons in the
Toom of whom such substitutes were inrolled.
UX And be it further enacted, that if it shall happen that there shall not
appear at any subdivision meeting two deputy lieutenants, or one deputy
lieuieDant and one justice of the peace, the derk of such meeting shall, by
notice to be given in writing to all the deputy lieutenants within such sub-
divisfoo, or left at their respective places of abode, appoint another meeting
to be ield within fourteen days at the same place where such meeting was to
have been holden, such notice being given five days at the least previous to
SQch meeting.
XX. And be it Airther enacted, that the lieutenant and deputy lieutenant,
or tie deputy lieutenants, at every annual or some other general meeting to be
liolden as herein-before directed, shall appoint the first meeting of the deputy
lientenantfi for the several subdivisions of their respective counties, stewartries,
cities, and places, which said first meetings shall be appointed to be held as
early after the first day of August in every year as conveniently may be, or
at such other time as may be most expedient for carrying the pu!q)Oses of this
Act fully and duly into execution ; and the said lieutenant and deputy lieu-
tenant, or the said deputy lieutenants, may, if they judge needful, appoint the
time and place for a second general meeting, and shall issue out their orders
to the schoolmaster of each parish, or to the chief constable, and, where there
is no chief constable, to some other officer of the several districts, parishes, or
other divisions within their respective counties, stewartries, cities, and places,
requiring every such schoolmaster, chief constable, or other officer as aforesaid
to ifisue an order under his hand to all constables or other officers of every
parish or place within their respective counties, stewartries, cities, or places, to
return to the deputy lieutenants within their respective subdivisions, at the
places and on the days appointed at the first general meeting in every year,
bir and true lists in writing, in manner by this Act directed, of the names of
all the men usually and at that time dwelling within the respective parishes
and places for which they shall respectively act under the provisions and in
the execution of this Act, between the ages of eighteen and forty-five years.
Clerk to give
notioe of sub-
diyision meet-
ings to the
deputy lieu-
tenants, and
also to the
commanding
officer, and an
account of the
days for re-
ceiving lists,
ballotting, en-
rolling, &c.
When two
deputy lieu-
tenants, or one
and a justice,
do not attend,
another meet-
in^r to be ap-
pointed.
General meet-
ings to appoint^
subdiyision
meetings, and
require the
schoolmasters
or chief con-
stables to order
a return to be
made to the
deputy lieu-
tenants of men
between the
ages of 18 and
45.
• •
132
42 George III. c. 91.
A,D. 1801-1
L<
^'.
r
t
•U
I-
...
« .
I'
by the Privy
Council shall
oontinne the
qaotas until
others are
settled..
Begralationsfor
holding general
ineetii^ of
lieutenancy.-
Bahdivisiou
meetings to
consist of two
deputy lieu-
tenants at the
least, or of one
deputy lieu-
tenant and a
justice of the
peace.
respective counties, stewartries, cities, and places aforesaid until the twenty-fifth day of
June one thousand eight hundred and five, and from thence until other quotas shall be
settled, ascertained, and appointed by his M^esty's Privy Council, in manner herein-
after directed {Rep., Stat. Law Rev. Act, 1872.}; and the several and respective
qaotas tha,t shall at or after the expiration of the said first-mentioned period,
and also from time to time at or after the expiration of every successive ten
years after such period, be settled, ascertained, and appointed by his Majest/s '
Privy Council, under the provisions of this Act, shall, from the appointment
thereof, continue to be and remain the respective quotas of the several and
respective counties, stewartries, cities, and places aforesaid, after which any
such subsequent quotas shall have been appointed, until other quotas shall be
settled, ascertained, and appointed under this Act.
XVI. And be it further enacted, that general meetings of the lieutenancy of
every county, stewartry, city, and place shall be holden in some principal town
of every such county, stewartry, city, and place ; and such general meetings
shall consist of the lieutenant, together with two deputy lieutenants at the
least, or on the death or removal or in the absence of the lieutenant, then of
three deputy lieutenants at the least, of every county, stewartry, city, and
place respectively, and one such general meeting shall be holden within every
county, stewartry, city, and place annually upon the last Tuesday which shall
happen before the first day of August in every year ; and the lieutenant
together with any two deputy lieutenants, or (on the death or removal or in
the absence of the lieutenant) any three deputy lieutenants of any county,
stewartry, city, or place, when and as often as they shall find necessary for
carrying the purposes of this Act duly and fully into execution, may summon
or cause to be summoned other general meetings of the lieutenancy, on any
days to be fixed by such summons, of which days and the places of holding such
meetings respectively notice shall be given in any weekly or other newspaper
usually circulated in such county, stewartry, city, or place, fourteen days at the
least before the days appointed for holding such meetings respectively ; . • •
. . . ... . and in case any annual or other general meeting shall not be
attended by the lieutenant and two deputy lieutenants or by three deputy
lieutenants, as herein-before required, the lieutenant, or any one deputy lieu-
tenant who shall attend at such meeting, shall and may adjourn the same to
any other time and to any place within such county, stewartry, city, or place;
and in case no deputy lieutenant shall attend at the time and place appointed
for the next meeting, then the clerk of the general meetings, or his deputy,
shall adjourn such meeting to any other time to be holden at the same place.
XVII. And be it further enacted, that meetings of the deputy lieutenants
for the subdivisions of their respective counties, stewartries, cities, and places
shall be holden as herein-after directed; which subdivision meetings shall
consist of two deputy lieutenants at the least : Provided always, that at any
subdivision meeting appointed according to the directions of this Act, where
two deputy lieutenants do not attend, it shall be lawful for any one deputy
lieutenant, together with any one justice of the peace of the county, stewartry,
city, or place within which such subdivision lies, to do all acts, matters, and
things which are by this Act directed to be done by deputy lieutenants at
their respective subdivision meetings ; and all such acts, matters, and things so
done by any such deputy lieutenant and justice of the peace shall be as good,
valid, and effectual in the law to all intents and purposes as if they had been
k
JLD. 1801-2.
43 OsofiGE III. c. 91.
133
done by two deputy lieutenants of such county, stewartiy, city, or place, any
thing in this Act to the contrary hereof notwithstanding.
XVliL AxD be it further enacted, that the respective clerks of the sub-
division meetings shall, as soon as conveniently may be after any such
subdivision meeting shall have been appointed, give notice in writing of the
time and place of meeting to such of the deputy lieutenants who shall be
readent within such subdivision as he conveniently can, and also to the com-
manding oflSeer of the raiment or battalion, if on actual service, or (if not on
aetoal service) to the colonel or other commandant thereof, or, in case of his
afaaenoe firom Great Britain, to the next commanding officer within Great
Bntain, by notice addressed to the adjutant, and an account of the several
days fixed for receiving lists and for ballotting and for inrolling the militia
men within such subdivision ; and shall, as soon as the militia men are inroUed,
Hkewise transmit to the colonel or other commandant, or to the commanding
oflSrar 9S aforesiud, in manner aforesaid, a list specifying the names, trades, and
usual places of abode of all such militia men as are inrolled, and, where there
are substitutes, the names, trades, and places of abode of the persons in the
loom of whom such substitutes were inrolled
UL Ain> be it furUier enacted, that if it shall happen that there shall no^
vffjm at any subdivision meeting two deputy lieutenants, or one deputy
^RrUsHBt and one justice of the peace, the derk of such meeting shall, by
notice to be given in writing to all the deputy lieutenants within such sub-
&isiai, or left at their respective places of abode, appoint another meeting
io k hdd within fourteen days at the same place where such meeting was to
kyt been holden, such notice being given five days at the least previous to
neb meeting.
XX. And be it further enacted, that the lieutenant and deputy lieutenant,
cff tbe deputy lieutenants, at every annual or some other genei^ meeting to be
lioldeii as herein-before directed, shall appoint the first meeting of the deputy
iieoteiumts for the several subdivisions of their respective counties, stewartries,
cities, and places, which said first meetings shall be appointed to be held as
eady after the first day of August in every year as conveniently may be^ or
at sadh other time as may be most expedient for canyiDg the pa!!rposes of this
Act fnlly and duly into execution ; and the said lieutenant and deputy lieu-
tenant, or the said deputy lieutenants, may, if they judge needful, appoint the
time and place for a second general meeting, and shall issue out their orders
to the schoolmaster of each parish, or to the chief constable, and, where there
is no chief constable, to some other officer of the several districts, parishes, or
other divisions within their respective counties, stewartries, cities, and places,
requiring every such schoolmaster, chief constable, or other officer as aforesaid
to issue an order under his hand to all constables or other officers of every
parish or place within their respective counties, stewartries, cities, or places, to
retom to the deputy lieutenants within their respective subdivisions, at the
places and on the days appointed at the first general meeting in every year,
£Bir and true lists in writing, in manner by this Act directed^ of the names of
all the men usually and at that time dwelling within the respective parishes
and places for which they shall respectively act under the provisions and in
the ocecution of this Act, between the ages of eighteen and forty«five years.
CkriLtogxYe
notioe of nil-
diiision meet-
ings to the
deputy lieu-
tenants, and
abototlie
conwnsndfng
officer, and an
aeeoimtoftlie
dnjs firrfr-
eetring lisCs,
bftlktdi^eB.
roOin^fte.
Wheotvo
deputy lien-
tfiiants, or
andajosliee,
do not attend.
inc to be ap-
pointed.
ings to appoint^
sabdmsioa
meetings, and
feqniretiie
or chief con-
stables to ofder
a xetiun to be
made to the
depntjfiea-
tenairtH of mea
between the
ages of 18 and
45.
I
134 42 George III. c 91. A.D. 1801-2.
Sehoolmasier!^, XXL And be it further enacted, that the several schoolmasters, consUhlea,
notice in'die ^^^ other officers and persons required to return lists of persons fit and liable
form in th« to serve in the militia shall, within fourteen days after any such returns shall
dole (l.Uo*^' I* required, give or leave notice in writing, in ^e form in the schedule to this
hoQBekeeptrs, icfc annexed marked (A,), to or for every occupier of every dwelling house
liMa containing where any person shall reside within the limits of the places for which they
i^^rtahi par- ^^ gg Buch schoolmasteis, constables, or other officers aa aforesaid in the
execution of this Act or any of the provisions thereof, at his or her dwelling
house, or, where such dweUing house shall be divided into different stories or
apartments and occupied distinctly by several persons, then to or for tie
occupier of each distinct story or apartment, to prepare or produce, withia
fourteen days next ensuing the day of giving such notice, a list in writing, to
the best of his or her belief, of the christian and surname of ea^ and evety
man resident in such dwelling house or distinct story or apartment between
the ages of eighteen and forty-five, distinguishing every person in Buch
dwelling house or distinct story or apartment of such age as aforesaid claiming
to be exempt from serving in the militia, together with the ground of every
such claim of exemption, and every such notice shall mention the day, time,
and place appointed for hearing appeals within such subdivision by persona
claiming to be exempt from serving in the militia ; and every such occupier
shall, after such notice so given or lefr;, make out such list, and sign the same
with his or her own name, and shall deliver the same or cause the same to be
delivered to such schoolmaster, constable, or other officer or person as afore-
Penalty of 5/, Said ; and if any occupier shall neglect or refuse to make out, sign, and deliver
for not dniy ^^^^ l^ ^ aforesaid within the time before limited, or shaU omit any person
or malting fiiii-^ who ought to have been induded therein in pursuance of this Act, or know*
retorns. ingly make any false return of any particular required Uierein, every such
occupier shall for every such offence forfeit and pay a sum not exceeding the
sum of five pounds.
Mmuct of pro- XXIL And be it further enacted, that in every case where any notice shall
Deeding where ^ served upon any occupier being one of the people called Quakers, such
occupied by occupior shall, within seven days after the service of such notice, produce to the
Qnakera. schoolmaster, constable, or other officer a certificate under the hands of two or
more reputable housekeepers, being of the people called Quakers, acknowledging
BOch person to be one of their persuasion ; and that in all such cases sodi
schoolmasters, constables, or other officers are hereby required to make retuim
of the persons liable te serve in the militia resident in the houses, stories, or
apartments of such occupiers so certified to be of the people called Quakers, in
tie same manner as is directed by this Act in cases where returns are not
made to such notices as aforesaid.
Sohooimasfors XXIII. Ah0 be it further enacted, that the schoolmasters, constables, or
&c to niiik,| other officers of every parish or place shall, within one month after having
^nl^g lo' ' delivered such notices as aforesaid, make out in every -year a fair and true list
t*^^™ ' R "* writing, according to the form in the schedule to this Act annexed marked
of the nainos (B.), of the names of all the men usually and at that time dwelling within the
^ men bein-fen pggpeetive parishes and places for which they shall respectively act in the
• 4S witbiii execution of the provisions of this Act between the ages of eighteen and forty-
years, as well of those who have not made any return or been returned in
their
tive districij,
andaffixacopf pursuance of such notices as aforesaid, as of those who shall have made such
^
AJ). 1801-i
42 Geoboe III. c 91.
135
letnms or been retamed in pursuance thereof^ distinguishing their respective
ranks and occupations, and those who have made returns to such notices from
those who have n^Iected to make such returns, (and where the true names of
such persons cannot be procured the common appellation of such person shall
be sufficient), and distinguishing which of the i)ersons so returned labour under
any infirmity likely to incapacitate them &om serving as militia men, and
which of them claim to be exempt from serving in the militia, and on what
aoeount ; and shall affix a true copy of every such Hst on the door of the
diiuch or chapel belonging to every such parish or place, or (if any place shall
have no church or chapel belonging thereto) on the door of the church or
chapel of Bome parish or place thereto adjoining, some one Sunday morning
before they shall make the return to the deputy lieutenants as directed by this
Aet^ which Sunday shall be three days at the least before the meeting of
deputy lieutenants at whidi such return is to be made, and also notice in
writing at the bottom of the said copy of such list of the day and hour and
place of meeting for hearing appeals under this Act, and that all persons who
shall think themselves aggrieved may then appeal, and that no appeal will be
afterwards received; and shall afterwards make a return of such list as
aforesaid, or a true and exact copy thereof, to the deputy lieutenants of the
sob^visioD.
ULLY. And be it further enacted, that if any person whose name shall be
iDBcited in any list in pursuance of this Act shall think himself aggrieved
therebj, or by the omission of any other name or names, or shall daim to be
exeiBpfed from serving in the nulitia^ it shall be lawful for such person and he
is hereby required to appeal to the subdivision meeting appointed to be held
£r liearing such appeals ; and any two or more of the said deputy lieutenants
mre hereby empowered and required to hear and determine all such appeals ;
mnd if the same cannot be heard on the day first appointed, to adjourn to any
other day or days ; and .the determination of any two deputy lieutenants, if
only two are then and there assembled, or of the major part of them, if more
tihan two are assembled, shall be final to all ii^tents and purposes ; and no
appeal shall be afterwards heard or allowed, or any exemption whatever claimed
or admitted, by or on behalf of any person or persons whatever.
XXV. And be it further enacted, that on the days and at the places so
Teqpectively appointed as aforesaid for the returns of the lists, the school-
masters, constables, or other officers respectively shall attend and verify the
flaid returns upon oath ; and the said deputy lieutenants or any two or more
of them assembled in their respective subdivisions shall, after hearing any
appeals or claims of exemption, direct such lists to be amended as the case
shaU require, and shall also direct the names of all persons by this Act
respectively exempted fix>m serving in the militia to be struck out, and the
names of any persons that shall have been omitted to be inserted, and, after
amending the said lists according to this Act, shall appoint the times and
places for their second meetings within their respective subdivisions^ and shall
return to the clerk of the general meetings, for the use of the said general
meetings, certificates under their hands, in the form in the schedule to this
Act annexed marked (C), of the number of men in each parish or place between
the ages of eighteen and forty-five years, distinguishing the numbers of men
to serve, and also the number of men exempt from serving, in each
on the chnicfa.
door, with
notice of the
meeting for
hearing ap-
peals;
and send a copy
to the deputy
Ueoteoants.
Persons ag-
grieved may
appeal to the
subdivision
meetings, and
the determinift*
tion thereat
shall be finaL
Schoobnasters,
&c. shall attend
and verify lists
on oath; and
deputy lieu-
tenants shall
amend lists,
and appoint
second meet-
ings, and
return to the
clerk of the
ffeneral meet-
ings certificates
in the form in
schedule (C.)
k
136
42 Geobqe hi. c. 91.
A.D. 1801-2.
;/•
r
' h
P.
p«;
r .
«>
if. 1
I,
I
K
r
L
r
r
« .
Penalty of 50/.
for endeavour-
ing to prevail
on school-
masters, &c to
make false re-
turns ; and of
10/. on persons
refusing to tell
their names or
the names of
lod^rs, or
giving false
names.
Deputy lieu-
tenants may
issue orders for
the attendance
of constables,
&c., and if any
shall neglect to
appear, or if
any chief con-
stable, &C.
shall not return
lists, &c., he
may be com-
,*^tted to gaoly
or fined.
Two justices
may appoint
deputies to
Quakers for
carrying this
Act into exe-
cution.
parish or place within the subdivisions ; and the same shall be kept by ihe
clerk for the use of the general meetings.
XXVI. Ajn) be it further enacted, that any person who shall, by gratuity,
gift, or reward, or by promise thereof, or any indemnification, or by menaces,
Or otherwise, endeavour to prevail on any schoolmaster, chief constable, con*
stable, or other officer, to make a false return of any list fpr any parish or
place, or to erase or leave out of any such list the name of any person who
ought to be returned to serve as a militia man, every such person shall for
every such offence forfeit and pay the sum of fifty pounds ; and if any person
shall refuse to tell his christian and surname, or shall falsely tell a christian or
surname, pretending the same to be his true christian or surname, or shall
refuse to tell the christian or surname of any man lodging or residing within
his or her house, or shall knowingly tell any false name, pretending it to he
the true name of any such person, to any schoolmaster, constable, or other
officer authorized by this Act to demand the same, every such person shall
forfeit and pay the sum of ten pounds.
XXYII. And be it further enacted, that it shall be lawful for the deputy
lieutenants within any subdivision, or any two or more of them, from time to
time to issue their order or warrant under their hands, requiring the attend-
ance of the constable or other officer of any parish or place within such sub-
division, at such time and place as in such order or warrant shall be expressed;
and if any such constable or other officer shall refuse or neglect to appear
according to such order or warrant, or if any chief constable or other officer
of any county, stewartry , dty, or place, or any constable or other officer of any
parish or place shall refuse or neglect to return any such list as before directed,
or to comply with such orders and directions as he shall from time to time
receive from the said deputy lieutenants, or any two or more of them, in pur-
suance of this Act, or shall in making such return be guilty of any fraud or
wilful partiality or gross neglect in his duty, the said deputy lieutenants, or
any two or more of them, are hereby empowered and required to commit
the person so offending to the common gaol, there to be kept without bail
or mainprize for the space of one month, or at their discretion to fine such
person in any sum not exceeding twenty pounds nor less than forty shillings.
XXVIII. Provided always, and be it further enacted, that if any chief or
other constable shall be of the people called Quakers {and certified to be so
by two. persons of the people called Quakers), and shall neglect or refuse to
perform the duties required by this Act, it shall be lawful for any two justices
of the peace acting for the division within which such Quaker shall be such
officer as aforesaid, and they are hereby required, in all cases where the cir-
cumstances of the case shall in their judgment render it expedient and
necessary for the due execution of the provisions of this Act, by their order
under their hands to appoint a fit and proper person to be deputy to such
Quaker, for the purpose only of carrying this Act into execution ; and every
person so appointed deputy as aforesaid shall have and exercise all the powers,
authorities, and jurisdiction given by this Act to such officer for whom he shall
so act, and shall do and perform all the like duties and offices imder the like
pains, penalties, and forfeitures as are hereby imposed for neglect of duty of
any such officer as aforesaid, in like manner in every respect as the person for
whom he shall so act ; and where an appointment of any deputy shall be so
A.D. 1801-2.
42 Oeoboe III. c 91.
137
made, ihe piincipal chief constable (being one .of the people called Quakers)
dudi be and he is hereby discharged firom the performance of any duty required
hy him by this Act, and from all penalties incurred for neglect thereof after
the tune of such appointment.
XXDL And be it further enacted, that it shall be lawful for the deputy
lieutenants at their subdivision meetings to add together whenever they shall
think it necessary any two or more parishes or places for the purposes of
iUs Act, and also to add together the lists of such parishes and places afore-
nid, 80 as to make the choice of militia men by ballot within every such
SQbdivision as equal and impartial as possible ; and where any parishes and
phoes so added together shall lie in different districts or divisions within
die same county, stewartry, city, or place, to direct in what district or
divisioo the same shall be considered for the purposes of this Act } and the
■id deputy lieutenants shall proceed upon the lists so added together in like
mumer as if they had been originally returned from one parish as aforesaid ;
and the schoolmasters, constables, or other officers of parishes and places so
aided together shall act together in the execution of this Act as if they were
rapectively officers of one and the same parish or place ; and all such school-
Mtkeis, constables, and officers so as aforesaid acting together by virtue of this
ktflballholcL their meetings under this Act in the parish or place which shall
Vbnaiied first in such order of deputy lieutenants ; and if any difference or
AigReneat shall arise between the officers of any parish or place or between
flttoffioenof different parishes or places touching the execution of this Act,
tk depaij lieutenants acting in and for the subdivision where such difference
a (fiagreement shall happen shall at any subdivision meeting and they are
hedj anihorized to hear and determine the same, and make such order
tiMmn for the better execution of this Act as to them shall seem meet, and
such orders shall be final and conclusive.
XXX. And be it further enacted, that the clerks of all subdivision meetings
fibD, within fourteen days after eVery subdivision meeting, transmit to the
deric of the general meetings of the county, stewartry, city, or place, fair and
tnie copies of such rolls as shall be signed at such subdivision meeting ; and if
IDJ such derk shall omit or neglect to make such return as aforesaid within
rach period as aforesaid, or shall knowingly or wilfully make any false return,
Boeh clerk shall forfeit and pay for every such offence the sum of twenty
poimda.
XXXI. And be it further enacted, that the clerks to the general meetings of
lieutenancy in the several counties, stewartries, cities, and places requir^ to
»iae militia under this Act shaU and they are hereby required to transmit to
his Majesty's Privy Council annually, as soon after the returns in the form in
the schedule to this Act annexed marked (D.) of men shall have been made
to the general meetings as the same can be done, accurate returns of the
nmnber of persons between the ages of eighteen and forty-five, distinguishing
the number fit and liable to serve in the militia for the counties, stewartries,
cities, and places to which they respectively belong, and also the number
therein exempt from serving ; and if any such clerk shall omit or neglect to
aake such return to the Privy Council within one month after the general
meeting of lieutenancy of the county, stewartry, city, or place to which he
sWl belong, at which the returns of men shall have been laid before such
Two or more
places, and the
tisto for them,
may he added
together, and
the BchooUnas-*
ters, &c. shall
act together as
if they were
officers of the
same parish.
Deputy lieu-
tenants to hear
and detennine
difierences be-
tween parish
officers.
Clerks of sub-
diyision meet-
ings shall
transmit copies
of rolls.
Penalty for
de&ult, or for
making fidse
returns.
Clerks to gene-
ral meetings
shall transmit
to the Privy
Council annual
returns in the
form in sche-
dule (D.).
Penalty for
default, or for
making false
returns.
■
t
i.
r
L
i
I-
138
42 Qeorge III. a 91.
A.D. 1801-2.
The Privy
Council, by
June 25, 1805,
and afterwardB
every 10 years,
shall fix the
qoota of men
to serve for
each place, and
transmit the
numbers to the
lieutenants.
Where the
number fixed
shall be greater
than the former
quota, the
^neral rneei-
mg shall ap-
point whilt
number shall
be chosen for
each division,
and where less,
shall dismiss
the excess by
ballot.
Men dismissed
shall be liable
to serve, and
their names
shall be entered
in a list, out of
which vacan-
cies shall be
filled up by
ballot, and
those ballotted
shall serve for
the remainder
meeting, or shall knowingly or wilfully make any false return, such clerk dall
forfeit and pay for every such offence the sum of one hundred pounds.
XXXIL And be it forther enacted, that it shall be lawful for his Majesty's
Privy Council and they are hereby required, on or before the twenty-fifth day
of June one thousand eight hundred and five^ and afterwards from time to
time at the expiration of every succeeding period of ten* years as aforesaid, to
take into consideration the number of men fit and liable to serve in the militia
in each county, stewartry, city, and place required by this Act to raise mUitia^
and forthwith to ascertain, settle, and fix the number of militia men who shall
for the next succeeding ten years serve for each county, stewartiy, city, ajid
place aforesaid, as near as may be by the proportion that the number of mea
fit and liable to serve in each coimty, stewartry, city, and place shall bear to
the whole number of militia men by this Act directed to be raised, and shall
thereupon transmit the number so fixed and settled as aforesaid to the respec-
tive lieutenants of the counties, stewartries, cities^ and places aforesaid, and
shall cause notice of the same to be thrice printed in the London Gazette.
XXXIII. And be it further enacted, that where the number of militia men
so fixed and settled for any county^ stewartry, city, or place shall be greater
than the former quota of such county, stewartry, city, or place, then and ia
every such case the lieutenant for such county, stewartry, city, or place,
together with any two or more deputy lieutenants, and on the deatii or
removal or in the absence of the said lieutenant any three or more deputy
lieutentants, shall at a general meeting to be holden for that purpose appoint
what number of militia men shall serve for each respective parish or other
division within such county, stewartry, city, or place; and the additional
number of militia men to make up the whole number so fixed and settled
as aforesaid shall be provided or chosen in the same manner as other militia
men are by this Act to be provided or chosen ; and all the additional men so
provided or chosen as aforesaid or their substitutes and also all volunteers
shall take the oath by this Act required to be taken, and shall be inrolled or
sign their consent to serve in the militia in such manner as is directed by this
Act, and in case of refusal shall be subject to the same penalties as in like
cases are inflicted by this Act : Provided always, that where the number of
militia men so fixed and settled for any county, stewartry, city, or place as
aforesaid shall be less than the former quota of such county, stewartry, dty, or
plaee, then and in every such case the said lieutenants together with any two
or more deputy lieutenants, or (on the death or removal or in the absence of
the said lieutenant) any three or more deputy lieutenants, shall, at a generd
meeting to be held for that purpose, dismiss to their own homes by balloti
proportionally out of each respective parish or other division, so many militia
men as shall exceed the number so fixed and settled as aforesaid ; and the
several persons so dismissed as aforesaid shall remain liable to serve in the
militia, and shall and are hereby required to join any regiment or battalion of
militia serving for the county, stewartry, city, or place from the militia of
which they shall have been dismissed, whenever called upon so to do, for the
purpose of supplying vacancies that may arise in the said militia ; and the
names of all the persons so dismissed as aforesaid shall be entered in a list ;
and the deputy lieutenants shall cause the men necessary for supplying any
vacancies that may thereafter arise in the militia of such coimty, stewartiji
JLD. 1801-SL
42 George III. a 91,
139
city, or place to be ballotted for onh of the persons contained in any such list
as aforesaid, while fit persons can be found to supply such vacancies, and so
from time to time as occasion shall require, so long as any of the persons
in any such list can be found fit to supply such vacancies as afore-
; and every person so ballotted to supply such vacancy who shall not be
unfit by reason of sickness or bodily inability shall serve in the militia of such
ecmnty, stewartry, city, or place upon the conditions and for the remainder of
the time for which such person shall have been engaged to serve in such
niiliiia before he was dismissed as aforesaid ; and whenever and as soon as all
persons returned in any such list that can be found fit to supply such vacancies
as aforesaid shall by ballot have supplied such vacancies as aforesaid, then
and in every such case the men necessary for supplying such future vacancies
as may arise in such militia shall be raised, chosen, and ballotted for in manner
directed by this Act
XXXIY. And be it further enacted, that the lieutenants of any county,
fikewartzy, dty, or place, together with any three or more deputy lieutenants,
« (gq the death or removal or in the absence of any lieutenant) any five or
nore deputy lieutenants, may, at any general meeting holden as before directed,
lifter the appointed subdivisions within such cotmty, stewartry, city, or place
if^iball see occasion, and also may alter the established allotment of the
mnlber tf men in each respective parish or other division to serve in the
nolitia iovirds raising the number of militia men by this Act, or by his
Ibjatv^s Order in Council, as the case may be, directed to be raised for such
eomj-, stewartry, city, or place according to the numbers contained in the
iapedrve certificates received from the several subdivision meetings.
JULAV. Akd be it further enacted, that the deputy lieutenants assembled at
tbeh said second meeting within any subdivision as aforesaid shall appoint
wiiat number of men shall serve for each parish and place within such sub-
<fivuion in proportion to the number last appointed in the manner herein-
before directed at a general meeting to serve for each parish or other division,
and shall appoint another meeting to be holden within three weeks from the
dmy aa whidi such meeting was holden within the same subdivision, and shall
woe out an order to the chief constable or other officers of the respective
eoonties, stewartries, cities, or places, and to the schoolmaster and constable or
other officer of every parish or place within their respective counties, Stewart*
lies, cities, or places, of the number of* men so appointed to serve for such
pariah or place, and of the time and place of the next subdivision meeting ;
and the said deputy lientenants, or any two or more of them, assembled in
purBoanee of such appointments, shall cause the number of men appointed to
serve as aforesaid to be chosen by ballot out of the list returned for every
parish or place aforesaid in manner following ; that is to say, the names of idl
the men contained in sach Ust so returned for each parish or place, written or
printed on distinct pieces of f^per, being all as nearly as may be of e^|ual Hiz4:
and rolled up in the same manner, shall be put into a box or some other r(smf;l
and shall there be shaken together, and then a number of names erjual to the
quota to be fmnisbed by sodi parish or place shall be drawn out and opened
by the person presidii^ at the meeting ; and shall in like manner proceed to
haDoi for eadi parish or place within their subdivision ; ami at the meeting at
whidi the mifitia men to serve for ead parish or place within their rabdivi-
of the time for
which they
were engaged
before du-
missal.
Oeneml meet-
ings ma^ alter
•obdivisionfl,
and the allot-
ment of men in
each diviaion.
AitheMeond
rabdiviition
meeting, the
depnty lien-
tenantiifhaU
sppomt the
number of men
to fterrefbr
&c., and shall
caonenotiee to
be giTen there-
of, and of the
next mecrting,
andahaU caiu«
thenmnber to
be ballotted
for, &C.
140 42 George III. c 91. A.D. 1801-2.
►
f
fi^
r.»
f
L-
»
sion shall have been so ballotted for, the said deputy lieutenants shall appoint
another meeting to be holden within three weeks for the same subdivision,
and shall issue out an order to the chief constables or other officers of the
respective counties, stewartries, cities, and places, and to the schoolmaster, con-
stable, or other officer of every parish or place, to give notice to every man so
chosen to serve in the militia to appear at such meeting, which notice shall }»
given or left at his place of abode at least seven days before such meeting;
and such schoolmaster, constable, or other officer shall attend such meeting and
Persons cbosen make such retum upon oath of the days when such notice was served ; and
i^ enrolled to every person so chosen by ballot shall upon such notice appear at such meeting,
serve for five and if on examination found able and fit for the service, and approved of in
^» manner hereinrafter directed, shall then and there take the following oath;
(that is to say,) J^j[
r .
t
h
^^ And every such person shall be then and there inrolled (in a roll to be
I and there prepared for that purpose) to serve in the militia of such county,
stewartry, city, or place as a private militia man for the space of five years.
Substitutes XXXVI. PROVIDED always, that if any peraon so chosen by ballot sM
[ ' Sr^,^to™ if produce for his substitute a man of the same county or counties, stewartrio^ ''
approved, shall cities, or places forming a battalion as herein-after directed, or of some adjoin*
l)e enrolled x *j •»
ing county, stewartry, city, or place, able and fit for service, and who shall be
f; examined and approved in manner herein-after directed, such substitute so
ii produced and approved shall be inrolled to serve in the militia of such county,
^'; stewartry, city, or place as a private militia man for the space of five years,
and also for such further time as the militia shall remain embodied, if within
the space of five years his Majesty shall order and direct the militia for whicb
such man is inrolled to be drawn out and embodied as herein-after provided;
and such substitute shaU take the following oath pj
:, '■■ . And any person so chosen by ballot for whom such substitute shall have been
so produced^ approved, inrolled, and sworn as aforesaid, shall be exempt fi*om
service in the militia in the same manner as if he himself had served according
to the directions of this Act.
[^ The inhabitants IXXXVIL*J And be it further enacted, that if the inhabitants of any pariah
I ma*^^rod^ ^^ place shall provide and produce to the said deputy lieutenants or any two
t volunteers, or more of them, at any subdivision meeting for choosing the militia men by
>- . p^'el^shall ballot, any volunteer or volunteers who shall be examined and approved as is
r be sworn and herein-after mentioned, such volunteer or volunteers so examined and approved '
^ shall be then and there sworn in and inrolled to serve for such term and ci
the same conditions as is herein-before provided in case of substitutes produced
by persons chosen by ballot ; and the said deputy lieutenants shall cause only
b' such number of persons to be chosen by ballot out of the list returned for
^ ' such parish or place as shall be then wanted to make up the whole number to
' . serve for such parish or place.
Certain persons XXXVIII. And be it further enacted, that no peer of this realm, nor any
I wrdod. ™ person being a commissioned officer in his Majesty's other forces, or in any one
p So much of this Act as prescribes the form of oath to be taken by persons ballotted
c and by substitutes and volunteers raised under this Act, rep., 61 Geo. 3. c. 118. s. 2.]
•K
A.D. 1801-2.
42 George III. c. 91.
141
of bis Majesty's castles or forts, nor any officer on the half pay of the navy,
army, or marines, nor any non-conunissioned officer or private man serving in
soy of his Majesty's other forces, nor any commissioned officer serving or
wbo shall have served four years in the militia, nor any person being a pro*
feasor of any of the four universities, nor any licensed clergyman, nor any
parish schoolmaster, nor any teacher licensed within the county, stewartry, city,
or pkoe to teach in some separate congregation, whose place of meeting shall
have been duly registered within the twelve months previous to the general
meeting appointed to meet in August for the purposes of this Act, nor any
eonstable or other peace officer, nor any apprentice, seaman, or seafariug man,
nfflr any person employed and mustered in his Majesty's service in any of his
Majes^s forts or casUes, nor any man who has more than two lawful children
and who is not possessed of an estate in lands, goods, or money of the clear
vafaie of fifty ponnds sterling, and who shall make oath that he is not seised or
poasesaed of such estate, shall be liable to serve personally or provide a sub«
■dtote to serve in the militia ; and no person having served personally or
by snbstitute according to the directions of this Act, or of any former Act for
laiang a militia in Scotland, shall be obliged to serve again until by rotation
it shall come to his turn ; but no person who has served only as a substitute
or vdmiteer in the militia shall by such service be exempted from serving
ag^ if he shall be chosen by ballot.
XSXEL And be it further enacted, that if through the neglect or mistake
of any dbkf constables, schoolmasters, constables, or other officers, or from any
other eiaa^ the frill number of men appointed for any subdivision should not
he^foijinrolled at the meeting appointed for that purpose as before directed,
then the deputy lieutenants at their said meeting, or any two or more of them,
may and they are hereby required immediately to cause the lists to be amended,
and to proceed to a fresh ballot, and to adjourn their meeting or appoint
other meetings, and repeat the amending of the lists, as may be necessary and
expedient for carrying the purposes of this Act duly and fitlly into execution ;
and it shall be lawful for any one deputy lieutenant to administer the oath
herein-before required to be taken by persons to serve in the militia to any
peraon baUotted, or to any person ofiering as a volunteer under the directions
of this Act, or to any person who, being qualified as this Act requires, shall
offer to serve as a substitute, such ballotted man, volimteer, or substitute hav-
ing been duly examined and approved as is herein-after mentioned ; and such
deputy lieutenant is hereby authorized to direct and require the derk of the
nbdivision for which every such person by whom the said oath has been
before him taken is to serve to inrol the name of every such person so having
been duly examined and approved as aforesaid, together with the date of the
day on which the said oath was so administered to him, in the roll of such
subdivision.
XL. And be it further enacted, that if any person chosen by ballot accord-
ing to the directions of this Act to serve in the militia (not being one of the
people called Quakers) shall refuse or neglect to appear and take the said oath
and serve in the militia^ or to provide a substitute, to be examined and ap-
proved as herein-afber mentioned, who shall take the said oath and sign his
consent to serve as his substitute, every such person so refusing or neglecting
As to persons
who have al-
ready served.
As to sub-
stitutes.
Deputy lieu-
tenants may
causelists to
be amended,
and proceed to
1^ fresh ballot^
and may ad-
minister oaths,
&c
Persons choien
(except Qua-
kers), and not
appearing, &c.,
to forfeit 10/.
I-
LI
5-
it.
ft
r-
If,'
f
r ■
i'
i:
r
142
42 George III. c. 91.
A.D. 1801-2.
If penalty be
not pud, the
person shall
be compelled
to serve.
If any lists be
lost, new ones
shall be made
out
Persons chosen
shall serve
though they
remove, and
those having
more than one
residence shall
serve where
their names
were first in-
serted in the
list
Parish in more
than one
county, &c. to
be deemed in
county in
which the
parish church
is situated.
Persons frau-
dulently bound
apprentices
may be ap-
pointed to
serve, and the
master shall
forfeit 10/.
shall forfeit and pay ihe sum of ten pounds, and at the expiration of five years
be liable to serve again or provide a substitute ; and in default of payment of
such penalty, or for want of sufficient effects whereon to levy the same, the
name of such person shall be entered on the roll, and such person shall he
delivered over to some proper officer of the regiment or battalion for which be
was baUotted, and shall be compelled to serve fop such term, to be computed
from the time of 'his being apprehended, as any other person who should be
then ballotted for would be compellable to serve, and shall be subject to the
same punishments for afterwards absconding or deserting as he would have
been subject to in case he had appeared and been duly sworn and inroUed as
a militia man.
XLI. And be it further enacted, that if the list of any parish or place shall
be lost or destroyed, it shall be lawful for the said deputy lieutenants, or any
two or more of them, to cause a new list in such parish or place to be made
and returned to them at their next subdivision meeting, in the same manner
as the list lost or destroyed was made, and ought to have been returned to
them by direction of the general meeting.
XLII. And be it farther enacted, that every person chosen by ballot to
serve in the militia shall be liable to such service although he may have
removed from the place where his name was inserted in the list, provided be
was residing in such place at the time when the list was according to tbe
directions of this Act prepared ; and every person liable to serve in the militia>
having more than one place of residence, shall serve for the county,'stewartry,
city, or place where his name shall have been first inserted in such list as
aforesaid ; and the clerk to the subdivision meeting to which such list shall be
returned shall, if such person requires the same, grant a certificate gratis, undei
hi, W, ih.t „ch A', nj, ™ i,»erted S^i «. ^d 4^ *
time when such list was made and returned.
XLIII. And be it further enacted, that where any parish shall lie in two ot
more counties or stewartries, the inhabitants of such parish shall serve in tbe
militia of the county or stewartry wherein the church belonging to such parish
is situated, and that such parish shall, for all the purposes of this Act, he
deemed part of such county or stpwartry.
XLIV. Provided always, and be it further enacted, that if any two or more
deputy lieutenants shall at any of their subdivision meetings receive informa-
tion or shall suspect that any person whose name is inserted in any list, and
described as an apprentice, has been fraudulently bound apprentice in order to
avoid serving in the militia, it shall be lawful for them to make enquiry
thereof, and to simunon such persons as they shall think necessary to appear
before them at such time and place as they shall appoint, and to examine sudi
persons upon oath ; and in case it shall appear that such binding was frauda^
lent in order to avoid serving in the militia, it shall be lawful for such dqputy
lieutenants to appoint such person so fraudulently bound apprentice to serre
as a militia man for the parish or place for which such list shall have been
returned if there shall be a vacancy, and if there shall be no vacancy at that
time, then upon the first vacancy that shall happen ; and the person to whom
such apprentice shall have been so bound shall for such offence forfeit and pay
the sum of ten pounds.
k
V
A.I>. 1801-2.
42 Oeoroe hi. 0. 91.
143
TXLy.*i Akd be it further enacted, that if any person being one of the Two deputy
people called Quakers shall be chosen by ballot to serve in the militia^ and ^^^^"de
ahall refuse or n^lect to appear and to take the oath and serve in the militia^ substitates for
or to provide a substitute of the same county, stewartry, or place, or of some ^^y w tiJe
adjoining parish or place, to be examined and approved as herein-after directed, expence by
irbo ahflJl take the said oath and subscribe his consent to serve as the sub- ' '
stitnte of such Quaker, then and in every such case any two or more deputy
fientenants shall, if they shall think proper, upon as reasonable terms as may
be, provide and hire a fit person of the same county or counties, stewartries,
cities, or places forming a battalion or regiment as herein-after directed to
serve as a substitute for such Quaker ; and such substitute shall, after being
duly examined and approved, take the said oath and subscribe his consent to
KTve in the militia for the same term and on the same conditions as is herein-
before directed in the case of substitutes produced by persons chosen by ballot,
ind any two or more deputy lieutenants may and are hereby authorized by
vaitB&t under their hands to levy by distress and sale of the goods and effects
dmA. Quaker such sum of money as shall be necessary to defray the expence
of ^viding and hiring such substitute, rendering to such Quaker the overplus
(it any) after deducting the charges of such distress and sale ; and if no goods
or fffeets belonging to such Quaker can be foimd sufficient to levy such
fiibc9B, and it shall nevertheless appear satisfactorily to such deputy lieu-
ioankBttikt such Quaker is of sufficient ability to pay the sum of ten poimds,
tka it shall be lawful for such deputy lieutenants to commit such Quaker to
ihecoBimoa gaol, there to remain without bail or mainprize for the space of
Ome aonihs, or until he shall have paid such sum of money as such deputy
lieoieDants shall have agreed to pay to such substitute as aforesaid ; and in Qaaken may
cue any measures shall be used in making distress as aforesaid, which may be ^^l^ty'
If any such Quaker thought oppressive, it shall be lawful for such Quaker to lieatenants.
eomplain to the deputy lieutenants at their next meeting, who are hereby
empowered and required to hear and finally determine the same.
XL VI. Provided always, that no .man shall be deemed, taken, and accepted Quakers to
to be a Quaker within the meaning of this Act unless he shall produce before Lte oft^ir
ibe deputy lieutenants, at some of their subdivision meetings, a certificate ^ingoftlw»t
imder the hands of two or more reputable housekeepei's being of the people
called Quakers, acknowledging such man to be one of their persuasion.
XLVn. And be it further enacted, that no man shall be approved or No man to be
iniolled to serve in the militia imder this Act, either as a ballotted man or as ^JJ^ ^J^,
a sabsiitute or volunteer, until he shall have been carefully examined by some ienrice by a
surgeon of competent skill, and shall have been declared and reported by such ■"'«®^"-
BOigeon to be neither ruptured, lame, maimed, nor afflicted with any disorder
that may render him unfit to serve, but to be in every respect able and fit for
service ; and the deputy lieutenants assembled at their subdivision meetings
or any two deputy lieutenants shall in all cases, before they proceed to inrol
any man for the militia, cause such examination to be carefldly made ; and it
shall be lawful for the said deputy lieutenants, and they are hereby empowered
and directed, to require the attendance of any surgeon of any regiment^ battalion,
[• So much of this Act as prescribes the form of oath to be taken by substitutes raised
under this Act, rep., 51 Geo. 3. c 118. s. 2.]
IK^
rv"
t
r.
;• <
144 42 George IIL c 91. A.D. 1801-2.
or corps of the militia of the county, stewartry, city, or place for which any
'f man is to be inrolled, or any sni^eon belonging to fais Majesty's other forces, if
any such surgeon is within a reasonable distance and can conveniently be had,
or otherwise to require the attendance of any other competent surgeon for that
purpose;
Two deputy XLVIII. And be it further enacted, that whenever it shall appear to any
5: discharge ^^ *^^ ^^ more deputy lieutenants assembled at any subdivision meeting thai
soDB chosen by any person chosen by ballot to serve in the militia is not of the fiill height rf
fttdlot who are /»/»./t«i •! i .^.i j
under height or ^^^ ^^^^ fo^r inches, or IS not approved upon examination by a surgeon accord-
unfit for ser- jjQg f,o the directions of this Act, such deputy lieutenants shall and are hereby
others to be empowered and reiquired to discharge such person, and immediately to amend
chosen. f;j^Q Ijg^ {qj, i\^q place for which such person shall have been ballotted, and to
cause another person to be chosen in his stead by ballot according to tlie
directions of this Act.
Deputy lieu- XLIX. And be it further enacted, that the deputy lieutenants in thdr
tenants shall several subdivisions shall, as soon as they shall have inroUed the number of
class the men , .... . .
enroUed, and men required in their subdivision, divide the men so inroUed into as many
'n^e form in* ^^'^*''®*^ ^^ ^^® description herein-after mentioned as shall be found among such
schedule (E.), a men ; that is to say^ in the first class they shall put all the men under thirif
Se derkof the 7®*"^ ^^ ^^9 ^^^ having no child or children living ; and in the second claas,
k subdivision all the men above thirty years ol age having no child or children living ; and
I ^ the^^k to ^^ ^^® third dass all the men not having any child or children livingunder the
the general age of fourteen years ; and in the fourth dass all the men having any child or
entei^n a children, one of whom only shall be under the age of fourteen years ; and in
l>oo^- the last class, all the men not induded in any of the former descriptions ; and
shall forthwith make out a list of such classes according to the form in the
schedule to this Act annexed marked (E.) ; and within three days after the
completing thereof the derk of such subdivision meeting shall transmit to
the derk to the general meetings an exact and true copy of such list, made out
I. in such form as aforesaid, to be by him entered in a book to be kept for that
I' purpose.
Men becoming L. AND be it farther enacted, that Whenever any militia man after having
^r beSs^^ been sworn and inrolled shall become unfit for service, it shall be lawful for
charged, but if the colonel or other commandant of the regiment or battalion to which such
conmSdant^ militia man shall belong, together with any two or more deputy lieutenants of
only there shaU the county, stewartry, city, or place to which such regiment or battalion
lot until tfie ^ ' belongs, if the said regiment or battalion shall then be within the said county,
dischaiige has stewartry, or place, or for the colonel or other commandant only, if the said
by two deputy regiment or battalion shall be absent therefi^om, to discharge any militia man
I lieutenants. of his regiment or battalion ; but another man shall not be ballotted for in the
room of such militia man so discharged until such discharge shall be confirmed
under the hands of two or more deputy lieutenants of the county, stewartry,
city, or place to which such regiment or battalion belongs, assembled at any
meeting in the subdivision for which such militia man was inrolled, or at any
general raeeting for the county, stewartry, dty, or place as aforesaid.
Vacancies by LI. And be it further enacted^ that when any private militia man shall .
bTcertifiedby before the expiration of the term for which he was to serve die or be appointed
commandant a Serjeant, corporal^ or drummer in the militia, or be discharged in maimer
afresh baSot.^ aforesaid as unfit for service, or in pursuance of the sentence of a court
j»
7 •
t.
[
I
I,
i
\
»•
JLD. 1801-2.
42 Oeorqe III. c. 91.
145
ioirtial, the colonel or commanding officer of the regiment, battalion, or corps
to which sach private man shall belong shall certify the vacancy occasioned
ly sach death, appoi&tment, or discharge (as the case may be), to the clerk to
tbe general meetings, who shall forthwith transmit the said certificate to the
deputy lieatenants of the subdivision for which such private man shall have
been iniolled, and such vacancy shall be filled up by a fresh ballot for a
militia man to serve according to the provisions of this Act.
LIL And be it further enacted, that whenever any private militia man shall
be M^ted a non-commissioned officer or drummer in any regiment or
btt&Iion of militia, in the room of any non-commissioned officer or drummer
rednoed to the ranks, no ballot shall take place in the parish or place for which
ndi private man so appointed was then serving, in consequence of any
noiiey occasioned by such appointment, until the non-commissioned officer or
drammer so reduced shall have obtained his discharge.
LUL AifD be it further enacted, that where in any regiment or battalion of
idlitia in which any private man shall be appointed a Serjeant, corporal^ or
drammer in consequence of any vacancy occasioned by the death or dischaige
of any non-commissioned officer or drununer, the* parish or place for which
ladi private militia man was then serving shall find and provide another man
mUastead, who shall be ballotted for in the manner directed by this Act,
vnokaaydnnteer shall be found by such parish or place.
UV. Am be it further enacted, that whenever any certificate, signed by
dttcdoDder other commandant of any regiment or battalion of militia, shall
k tniHDitted to the deputy lieutenants of the subdivision for which any
/mie militia man shall have been inroUed, of any such private militia man
^via^died, or been appointed a Serjeant, corporal, or drummer in the militia^
^ hen discharged as being unfit for service in manner aforesaid or in pnr-
nuce of the sentence of a court martial, such deputy lieutenants shall and are
Itteiiyiequired to cause such vacancy to be filled up by ballot immediately after
tk leoeipt of sach certificate, except in such cases as are in this Act excepted.
LY. And be it further enacted, that any two or more of the deputy lieu-
faBiots at their several subdivision meetings shall and they are hereby required
to baDot for mihtia men in the room of all militia men actually serving whose
^enns of service will expire before the twentieth day of November then next
CDSQiDg the holding of such subdivision meetings, and shall at a following
meeting, to be holden as soon as conveniently may be, proceed to inrol the
nid hallotted men or their substitutes as aforesaid; and the commanding
officer of any n^ment or battalion is hereby empowered from time to time to
&chaige any man of his regiment, battalion, or corps whose time of service
▼ill expire before the twentieth day of November then next ensuing, and
to receive any other militia man in his room who shall have taken the oath
tod been inroUed according to the directions of this Act ; and every such man
K) diaehaiged, if serving for himself^ shall be entitled to the same immunity
from further service as if he had served his full term ; and if any such man
so discharged was serving as a substitute, then the person for whom he served
than be entitled to the like immunity as aforesaid.
LYl And be it further enacted, that if any servant whatever, hired >/y the
year or otherwise, shall be inroUed as a militia man by virtue of thin Act, such
VOL. IV. K
Ko ballot to xe-
place a private
appointed a
DOD-commi»-
sioDed officer,
&c. in the room
of one reduced
to the rankfl,
nntil discharge
of the latter;
but if a private
shall be soap-
pointed in con-
sequence of a
Tacancj by
death or ^8-
charge, another
shall be bal-
lotted for.
Deputy lien-
tenants, on
certificate of
death, promo-
tion, &c., shall
cause ▼acancies
to be filled op
by ballot.
At snbdirinon
meetings men
shall be ballot-
ted for iniXMMD
of those whose
terms of ser.
Tioe wiU expire
before Nor. 20
next ensuing,
and such men
may be dis-
charged aad
the others
recdved.
Efirolmeiitof
serraiits shall
ooc vacate their
i ^
! 146 42 Geobge III. a 9L A.D. 1801-2.
[.. contracts If ith inrolment shall not vacate or rescind the contract or alter the engagement
^^ °i* *^- between such servant and his master or mistress or employer or employers,
f- litia shall be unless the militia of the county, stewartry, dty, or place for which sudi
embodied, &c ; g^pym^t ghajl \^q inroUed shall be embodied or called out by his Majesty or
ordered so to be in pursuance of this Act, or unless such person so inroUed shall
• .* leave the service of his master, mistress, or employer or employers, for {he
• , gj« purpose of being trained and exercised for the space of twenty-one days in
^^ be abated for pursuance of this Ajct, and shall not return again to the same service at tibe
absence. ^^^ ^£ g^^j^ twenty-one days, or as soon after as reasonably may be, aUowing
: . • to his master, mistress, or employer or employers an abatement from his wages
; in proportion to the duration of his absence from his said service, to be settled
i Tw • ti ^y ^^y ^^^ ^^ more justices of the peace in the manner herein-after mentioned;
^ may settle dis- and in every such case where any dispute shall arise between such servant and
^ SSa^^^der* ^^ master or mistress or employer or employers touching any sum or sums of
I' 2oE, and grant money due to such servant for or on account of his service performed before
[t l^^S'by'dis- ^® ^™® ^^ ^^^ departure from service under the conditions of the said inrot
i tress any sums ment, or by being called out to join the militia in which he shall have been m
p^^ inrolled, or touching any abatement to be made by such servant by reason of;,
his^absence for the purpose of being trained and exercised, it shall and may h
r^ lai^^ful, on complaint made thereof to any two or more justices of the peace fit
I the county, stewartry, city, or place where such master or mistress or employ*
$ or employers shall inhabit, for such justices to hear and determine every sodi !
i complaint, and to examine upon oath every such servant or any other witness
I ; or witnesses touching the same, and to make such order for the payment of so
[ much wages to such servant in proportion to the service he has performed, or
such abatement from his wages in proportion to the duration of his alisenca
from his service, as the caise may require, and as to such justice shall seem
^j just and reasonable, provided the sum in question do not exceed, the smnrf
f twenty pounds ; and in case of refusal or nonpayment of any sums so ordered
t to be paid by the space of twenty-one days next after such determinatioii,
: . such justice may and shall issue forth his warrant to levy the same by distresi
V and sale of the goods and effects of such master or mistress or employer or
• employers, rendering the overplus to the owner or owners after payment of
h the charges of such distress and sale.
'■ SnbBtitntes or LVII. AND be it further enacted, that every person who shall receive money
, ' do^SSt**" ^^^ ^^^ ^^y other person to serve as his substitute in the militia, or from any
^* to be sworn person or persons to serve as a volunteer as aforesaid, and shall neglect to.
f bomt7*smd*^^ appear at the usual meeting appointed for swearing in the militia men, (f
be liable to before some one deputy lieutenant, in order to be sworn according to tb
penaty. directions of this Act, being convicted thereof before any deputy lieutenant (I
justice of the peace shall be obliged to return the money to the person «'
persons fi'om whom he received it, and shall forfeit and pay to such person or
persons any sum not exceeding forty shillings nor less than twenty shillings,
at the discretion of the deputy lieutenant or justice of the peace before whom
he shall be so convicted ; and if such offender shall not immediately return
i the money so by him received as aforesaid, and likewise pay the said penalty,
he shall be committed to the common gaol or house of correction for fourteen
days, or until the said sum shall be returned
A.D. 1801-2.
42 Oeobge IIL c. 91.
147
LVIIL And be it farther enacted, that if any person chosen by ballot to
serre in ihe militia shall have engaged any other person to serve as his sab-
stitiite, or if any person or persons shall have engaged any person to serve as
a volunteer as aforesaid^ and the person so chosen by ballot, or such person or
peEKms engaging a volunteer, shall have agreed to pay to the person so
cfB^aged a certain sum for such service, it shall be lawful for two deputy
lieiitenanta or any one justice of the peace, when the militia of ijie county,
atewarlry, city, or place for which such substitute or volunteer shall be
imoDed shall not be embodied, and they and he are and is hereby required,
after such substitute or volunteer has been examined by a surgeon and
aqpfffoved according to the directions of this Act and inroUed by the deputy
fieotenants in pursuance thereof, to order such sum ^f money as shall appear
to them or him to be due to the substitute or volunteer so engaged to be
imiiediately paid to him on such inrolment by the person or persons by or for
lAom he shall be engaged to serve as aforesaid ; and in every case where the
mQitia shall be embodied at the time of such inrolment, it shall be lawful for
(he said deputy lieutenants or justice to direct any sum, not exceeding one half
{art of the said sum of money so engaged to be given as aforesaid, to be paid
toUiafiirthwith, or to be advanced to such person or to such of his family
nimBadb proportions as he shall request at the time of such his inrolment,
and the remaining part thereof to be paid to and received by the clerk of the
nib&inoa meeting, who shall thereupon forthwith remit the same to the
paymaster or battalion derk of the regiment or battalion of militia to which
nd BobBtibate or volunteer shall be sent as a militia man, to be retained by
him mbUI such substitute or volunteer shall have joined such raiment or
hMSaOj and been approved at head quarters as fit to serve, and then to be
fwd or accounted for to such substitute or volunteer ; and if he shall not join
cxr be approved of, then such money shall remain in the hands of such pay-
inasteT, to be afi^wards applied in like manner to the payment of some other
inlfttitute or volunteer in lieu df the one for whom such money shall have been
iemitted as aforesaid ; and such deputy lieutenants or justice shall proceed
iherein for enforcing the payment of eveiy such sum of money in such and the
like nuumer in eveiy respect, and by all such and the like powers and autho-
rities as is and are directed by and contained in all or any statutes or statute
made for the recovery of wages in Scotland ; and if any such subdivision
deik shall omit or neglect to remit such money within one week after the
ame shall have been paid to him as aforesaid, such dedc shall forfeit and pay
fixr every such offence the sum of tweniy pounds.
LEX. And be it further enacted, that in caae ax^ officer, serjeant, or other
perscm shall at any time wilfolly imd knowingly enlist any man to serve in
his Majesty's otiier forces who at the time of such enlisting shall be inroUed or
engaged to serve in the militia, every such enlisting shall be deemed null and
void ; and in case any militia man at the time of offering to enlist as aforesaid
shall deny to the officer, serjeant, or other person recruiting for men to enlist
iod serve in his Majesty's other forces, that he is (at the time of his offering
to eMiSst) a militia man then actually inrolled and engaged to serve (which the
said officer, seijeant, or other person is hereby required to ask every man
offering to enHst in his Majesiy's other forces), or shall offer himself to be
JmoHed and serve in any other regiment or battalion of miUtia, every militia
K 2
Begtilatioiig as
to payment of
monej agreed
to be given to
a sub^tute or
Tolnnteer.
ToB pi^mait
of foeh monej
■lajbeen-
ftnced aa re-
oorery of wagff
in SeotUmd.
Cleik negleet-
ing to remit
moncTsball
Ml.
Enfiftment of
ndfitia men
into the ocber
loreee fhall be
TOld.
PomiifaaMDtof
floHtianiefl
offering to
csiltft
C^:.
6^.-
148
42 Oeoboe III. c. 91.
A.D. 1801-2.
r^ *
M .
i\i • .
It-
I
Penalty on
persons so en-
Usting militia
men.
Penalty on
soldiers, &c.
o£kring to
to serve as sub-
stitntes in the
militia.
Penalty for
ordering Ser-
jeants, &C. to
beat up for
volunteers.
Seijeants, &c.
refusing to
declare who
gave the order
shall be im-
prisoned.
Penalties for
refusing to
serve or to find
substitutes shall
be applied in
providing
them ; and any
surplus shall be
a part of the
regimental
stock.
A return of
penalties, and
persons paying
them, to be
transmitted by
the clerk of the
subdivisions to
the clerk of the
general meet-
ings, &e.
man bo ofFendiDg shall, on conviction thereof upon the oath of one witnesB
before any one justice of the peace, be committed to the common gaol or
house of correction, there to remain without bail or mainprisse for and during
any time not exceeding six months, and his term of service shall recommenoe
from the date of such commitment, over and above any penalty or punishment
to which such person so offending is or shall be otherwise liable*; and eveiy
person so offending, from the day on which his engagement to serve in the
militia shall end, and not sooner, shall belong as a soldier to the corps of bis
Majesty's other forces into which he shall have been so enlisted ; and if any
officer or other person shall enlist any man belonging to the militia to serve in
his Majesty's other forces, knowing him to belong to the militia, or without
asking him if he belongs to the militia, every such officer, seijeant, or other
person shall for every such offence forfeit and pay the sum of twenty potinda;
and if any person actually serving in any of his Majesty's other forces shall
offer himself to serve and be inrolled as a substitute in the militia, every
person so offending, shall forfeit and pay to the person informing of such
offence the sum of ten pounds, or be committed to the common gaol or house
of correction for any time not exceeding three months.
LX. And be it further enacted, that if any persons shall give orders to vxf
Serjeant, drummer, or other person serving in the militia to beat up in any
city, town, or place for volunteers to serve in the militia, the person who shall
give such orders shall, upon proof thereof, and upon such beating up as afore-
said, upon oath before any justice of the peace, forfeit and pay the sum of
twenty pounds, one moiety whereof shall be applied to the use of the person
who shall make information thereof before any justice of the peace ; and if
such Serjeant, drummer, or other person shall refuse to declare upon oath
before such justice from whom he received such orders, it shall be lawful for
such justice and he is hereby required by warrant under his hand and seal to
conmiit such serjeant, drummer, or other person to the house of correction for
any time not exceeding three months.
LXI. And be it further enacted, that the money arising by penalties
incurred for refusing to serve in the militia, or to find substitutes to serve
in their room, shall be applied by any two or more deputy lieutenants within
their respective subdivisions in providing substitutes for the persons who
have paid such penalties, which substitutes shall be examined, approved,
sworn in, and inrolled to serve for the same term, in the same manner, and
on the same conditions as is herein-before provided in the case of substitutes
provided by persons chosen by ballot ; and if any surplus shall remain, the
same shall be paid to the colonels or other commandants of the respective
regiments or battalions in which such persons ought to have served as militia
men, and be applied as part of the regimental stock ; and a return of the
amount of such penalties, with the names of persons paying the same, shall be
transmitted by the clerk of the subdivision meetings to the derk of the general
meetings, and where two or more counties, stewartries, cities, or places are
joined together to form a regiment or battalion, a copy of every such return
shall be transmitted by the detk of the general meetings of such county,
stewartry, city, or place, or counties, stewartries, cities, or places, to the derk
of the general meeting of the county, stewartry, city, or place furnishing the
greatest number of men to such regiment or battalion ; and the return of the
AJ). 1801*2.
42 George III c 91.
149
mount of such penalties, with the names of persons paying the same, shall be
iniuBmitted by the clerks of the subdivision meetings to the clerks of the
geDsral meetings, and where two or more counties, stewartries, cities, or places
lie joined together to form a regiment or battalion, such return shall be sent
by the derk or clerks of the general meetings of the other county, stewartiy,
dijt or place, or counties, stewartries, cities, or places^ to the clerk of the
general meeting of the county or stewartry furnishing the greatest number of
men to such raiment or battalion.
LXIL And be it further enacted, that in all cases in the execution of this
Act when any matter or thing is directed to be enquired of or examined into
upon the oath of any witness or witnesses before any lieutenant of any county,
stewartry, or city, or any deputy lieutenant or lieutenants, or justice or justices
of the peace, any such lieutenant, deputy lieutenant or lieutenants, or justice
or justices of the peace is or are hereby authorized to administer such oath to
my witness or witnesses ; and that all other oaths to be taken in pursuance
of this Act shall and may be respectively administered by any lieutenant or
deputy lieutenant.
TiXlli. And be it further enacted, that the militia of the several counties,
rtewaitries, cities, and places aforesaid shall be divided into fifteen diiSerent
npsDOits or battalions, consisting of companies not more than one hundred
iBiQi wt less than sixty men each ; and that for the formation of the said
repmfflte or battalions the said counties, stewartries, cities, and places shall
oompoK raiments or battalions, and be classed as follows ; (videlicet,) the
emintj of Aberdeen shall of itself form one battalion, and the counties of Ayr,
f% Lanark, Perth, and Renfrew shall in like manner of themselves form each
I tiiMon; and the following counties, stewartries, cities, and places shall be
jomed together to form battalions ; (videlicet,)
The counties of Argyle and Bute ;
The counties of Berwick, Haddington, Linlithgow, and Peebles ;
The counties of Caithness, Sutherland, Boss, and Cromarty ;
The counties of Dumfries, Roxburgh, and Selkirk ;
The county of Edinburgh and the city of Edinburgh ;
The counties of Forfar and Eancardine ;
The counties of Inverness, Banff, Elgin, and Nadme ;
The stewartry of Kirkcudbright and county of Wigton ; and
The counties of Stirling, Dunbarton^ Clackmannan, and Kinross.
IXiy. And be it further enacted, that to each company of such regiments
Of battalions of militia as aforesaid there shall be one captain, one lieutenant^
uid one ensign ; and that the field officers of such regiments or battalions
Bittll be as follows ; (that is to say,) in every regiment or battalion consisting
tf not less than four hundred and twenty private men, there shall be one
calonel, ope lieutenant colonel, and one major; and in every regiment or
Ixtttalion consisting of less than four hundred and twenty private men, there
8hall be one lieutenant colonel and one major: Provided always, that no
eabnel or field officer in the militia shall be a captain of a company, except
in the ease herein-after mentioned : Provided aUo, that where a regiment or
))attalion shall consist of less than four hundred and twenty private men but
not less than two hundred and fifty private men, three persons qualified
aooording to this Act may be appointed to hold the rank of colonel, lieutenant
Lientenaots,
deputy liea-
tenants, and
jnstioes may
administer
oaths.
How the militia
shall be divided
and classed.
EstablishmentB
of the militia.
I
\ '
I
150
42 Geobqe III. c. 91.
AD. 1801-2.
*
4.
^•
h
i
i
k.
How the field
officers shall be
appointed.
As to a county
not funiiBhinif
sufficient men
for a company.
How the cap-
tains and sub'
altems shall be
appointed.
colonel, and major in such regiment or battalion respectively, but with no
higher pay than if the persons so appointed to hold the rank of colonel, lieu-
tenant colonel, and major were appointed to hold only the rank of lieut^iant
colonel, major, and captain respectively, and which three persons who may be
so appointed to hold the rank of colonel, lieutenant colonel, and major respec-
tively shall be severally appointed in the manner herein-after provided in the
case of other colonels, lieutenant colonels, and majors of the militia : Provided
also, that every regiment or battalion consisting of five con^anies, but len
than eight companies, may have one company of grenadiers or light infuitiy
to which two lieutenants shall be appointed instead of one lieutenant and one
ensign ; and that every regiment or battalion consisting of eight companies or
upwards may have one company of grenadiers and one company of lig^t
infantry, to each of which companies two lieutenants shall be appointed instead
of one lieutenant and one ensign : Provided also, that to every company con-
sisting of ninety private men and upwards there may be two lieutenants and
one ensign, or three lieutenants, as the case may be.
LXY. Ain) be it further enacted, that the different field officers commanding
the said several battalions shall be appointed as follows ; where three or moie
counties, stewartries, cities, or places are joined together to form a battalion,
the colonel shall be appointed by the lieutenant of the county, stewartry, city,
or place furnishing the greatest number of private men, the lieutenant colond
shall be appointed by the lieutenant of the county, stewartry, city, or place
furnishing the next greatest number, and the major shall be appointed by the
lieutenant of the coimty, stewartry, city, or place furnishing the third greatest
number ; and where two counties, stewartries, cities, or places only are joined
together to form a battalion, then and in such case the colonel and major shall
be appointed by the lieutenant of the county, stewartry, city, or place furnishing
the greatest number, and the lieutenant colonel shall be appointed by the
lieutenant of the county, stewartry, city, or place fumishiug the smallest
number ; and where one county, stewartry, city, or place of itself forms one
battalion, theii the colonel, lieutenant colonel, and major shall be appointed by
the lieutenant of the county, stewartry, city, or place forming such battalioa
LXVI. Provided always, and be it enacted, that where any county,
stewartry, city, or place does not Airnish men sufficient to form a company,
the lieutenant of such county, stewartry, dty, or place shall not appoint any
of the field officers.
LXVIL And be it further enacted, that the captains and subalterns of
companies shall be appointed as foUows; where the men furnished by any
county, stewartry, dty, or place shall not be suffident for a company, the
lieutenant of the coimty, stewartry, dty, or place furnishing the greater
fractional part of a company shall appoint the captain, the lieutenant of the
county, stewartry, dty, or place furnishing the next greatest fractional part
of a company shall appoint the lieutenant, and the lieutenant of the county,
stewartry, dty, or place fumiahing the next greatest fractional part of a
company shall appoint the ensign ; and where the men furnished by two
counties only form one company or the fractional part of a company, the
lieutenant of the county, stewartry, dty or place furnishing the largest
fractional part of such company shall appoint the captain, and the lieutenant
of the other county, stewartry, diy, or place shall appoint the lieutenant and
A.D. 1801-2.
42 Oeobge III. a 91.
151
ensign ; and where any county, stewariry, city, or place shall famish men
sufficient for one or more complete company or companies, the captains, lieu.
tenanted and ensigns of such company or companies shall be appointed by
the fieatenaat of such county, stewartry, dty, or place ; and any fractional
pari of a company which may remain furnished by such county, stewartiy,
6kj, or place shall become subject to the rules above prescribed where the
mm ftmished by two or more counties, stewartries, cities, or places are requi-
site to complete a company,
LXVin. Provided always, and be it enacted, that if his Majesty shall
ft any time direct that any proportion of the said militia shall be trained
and exercised to the service of any artillery that may be attached to any
raiment or battalion of militia, it shall be lawful for his Majesty to direct
that a supernumerary officer or officers of the said regiment or battalion, of
sudi rank as his Majesty shall order, and being duly qualified as aforesaid,
diallbe appointed to and for the said men so directed to be trained and
exercised as aforesaid.
LUX. Ani> be it further enacted, that every officer of any militia regiment
or battalion -who may have accepted or shall accept a conunission or appoint-
neQiof the sajne rank in any other militia regiment or battalion, and shall
ihacby vacate his former commission, shall continue to rank in the general
serm according to the date of his commission or appointment of the same
nakin^ militia so vacated as aforesaid.
Hi And be it farther enacted, that when any colonel or other command-
ant of any regiment or battalion of militia shall be absent from Great Britain,
arf until he shall return to Great Britain, and shall have notified bis arrival
fe> ihe derk of the general meeting of the district to which such regiment or
httaiion shall belong, and to the commanding officer and adjutant thereof,
it sball be lav^ful for his Majesty, by warrant under his sign manual, to direct
fiid order that the officer next in command, who shall be residing in Great
ftitain, shall in all cases act and serve as the commandant of such regiment
or battalion ; and aU powers and authorities which might have been exercised
by sach colonel or other commandant so absent as aforesaid, while resident
in Great Britain, shall be vested in and exercised by the officer next in
command in such regiment or battalion who shall be resident in Great
Britain ; and ftom and after issuing the said warrant as aforesaid, all "matters
and things which ought to be transacted and done by any other person or
persons with such colonel or other conmiandant, whilst resident in Great
Ritain, shall be transacted and done during the time aforesaid with such
officer so next in command as aforesaid, who shall be residing in Great
Britain ; and all money directed to be issued or paid to or to the order of
such colonel or other commandant for the use of such regiment or battalion
shall be issued and paid to or to the order of such officer next in conmiand
as aforesaid ; and all act^, matters, and things done by and with such officer
80 next in command as aforesaid during the time aforesaid, which are or
shall be atithorized or required to be done by or with such colonel or other
commandant when in Great Britain, shall be good and valid as if done by or
with such colonel or other commandant ; and during the absence from Great
Britain of the colonel or other commandant of such regiment or battalion,
and until he shall return to Great Britain and notify his arrival aa aforesaid,
HifiMi^eBty
may direct
sapemiimerary
officers to be
appointed to
men trained to
the service of
artillery.
Bank of officers
accepting com-
missions in
other regi«
ments*
Where a com-
mandant shall
be absent fh>m
Great Britain,
his Majesty
may dij^ect the
officer next in
command to
act for him,
who shall be
Tested with the
powers of the
commandant
till the com-
mandant shall
retom and
notify his
arriiral.
5^' '
160 42 Geoegb III. c. 91. A.D. 1801-2,
colonel, and major in such regiment or battalion respectively, but with no
higher pay than if the persons so appointed to hold the rank of colonel, lieu-
tenant colonel, and major were appointed to hold only the rank of lieut^iant
colonel, major, and captain respectively, and which three persons who may be
I so appointed to hold the rank of colonel, lieutenant colonel, and major respec-
tively shall be severally appointed in the manner herein-after provided in the
case of other colonels, lieutenant colonels, and majors of the militia : Provided
also, that every regiment or battalion consisting of five con^anies^ but lees
thjan eight companies, may have one company of grenadiers or light infantry
to which two lieutenants shall be appointed instead of one lieutenant and one
ensign ; and that every regiment or battalion consisting of ^ight companies or
upwards may have one company of grenadiers and one company of light
infantry, to each of which companies two lieutenants shall be appointed instead
I of one lieutenant and one ensign : Provided also, that to every company con-
sisting of ninety private men and upwards there may be two lieutenants and
one ensign, or tiiree lieutenants, as the case may be.
How the field LXV. And be it further enacted, that the difierent field officers conamanding
appointed. ^^^ ^^ several battalions shall be appointed as follows ; where three or moie
counties, stewartries, cities, or places are joined together to form a battalion,
the colonel shall be appointed by the lieutenant of the county, stewartiy, dly,
or place furnishing the greatest number of private men, the lieutenant colonel
shall be appointed by the lieutenant of the county, stewartry, city, or place
famishing the next greatest number, and the major shall be appointed by the
lieutenant of the county, stewartry, city, or place furnishing the third greatest
number ; and where two counties, stewartries, cities, or places only are joined
together to form a battalion, then and in such case the colonel and major shall
be appointed by the lieutenant of the county, stewartry, city, or place furnishing
^ the greatest number^ and the lieutenant colonel shall be appointed by the
lieutenant of the county, stewartry, city, or place fumishing the smalleet
number ; and where one county, stewartry, city, or place of itself forms one
battalion, then the colonel, lieutenant colonel, and major shall be appointed by
the lieutenant of the county, stewartry, city, or place forming such battalioa
As to a county LXVI. PROVIDED always, and be it enacted, that where any county,
•Snd^tm^ stewartry, city, or place does not Aimish men sufficient to form a company,
for a company, the lieutenant of such county, stewartry, city, or place shall not appoint any
of the field officers.
How the cap- LXYII. And be it further enacted, that the captains and subalterns of
^^^'^j^rbe companies shall be appointed as follows ; where the men furnished by any
appointed. county, stewartry, dty, or place shall not be sufficient for a company, tto
lieutenant of the county, stewartry, city, or place fumishing the greatei
fractional part of a company shaJl appoint the captain, the lieutenant of the
county, stewartry, city, or place fumishing the next greatest fractional part
of a company shall appoint the lieutenant, and the lieutenant of the county,
stewartry, city, or place fumiahing the next greatest fractional part of a
company shall appoint the ensign ; and where the men furnished by two
counties only form one company or the fractional part of a company, the
lieutenant of the county, stewartry, dty or place fumishing the largest
fractional part of such company shall appoint the captain, and the lieutenant
of the other county, stewartry, dty, or place shall appoint the lieutenant and
f
k.
AJ). 1801-2.
42 Geobge III. & 91.
151
easiffi ; and where any county, Ertewartry, city, or place shall furnish men
sufficient for one or more complete company or companies, the captains, Ueu.
taumta^ and ensigns of such company or companies shall be appointed by
the Ueatenant of such county, stewartry, city^ or place ; and any fractional
pari of a company which may remain furnished by such county, stewartry,
cify> or place shall become subject to the rules above prescribed where the
men fiiniished by two or more counties, stewartries, cities, or places are requi-
ate to complete a company, i
LXVIIL Provided always, and be it enacted, that if his Majesty shall
at aigr time direct that any proportion of the said militia shall be trained
and exerdaed to the service of any artillery that may be attached to any
regiment or battalion of militia, it shall be lawful for his Majesty to direct
thai a supernumerary officer or officers of the said regiment or battalion, of
sQch Tank as his Majesty shall order, and being duly qualified as aforesaid,
dhaObe appointed to and for the said men so directed to be trained and
cxeitised as aforesaid^
LUX. And be it further enacted, that every officer of any militia regiment
orl»ttalion'who may have accepted or shall accept a commission or appoint-
ment of Ihe same rank in any other militia regiment or battalion, and shall
thereby vacate his former commission, shall continue to rank in the general
wnve according to the date of his commission or appointment of the same
Tank in ^ militia so vacated as aforesaid.
in. Ind be it further enacted, that when any colonel or other command-
ant cfany regiment or battalion of militia shall be absent from Great Britain,
ttkf Dodl he shall return to Great Britain, and shall have notified his arrival
fo the derk of the general meeting of the district to which such regiment or
hatUhaa shall belong, and to the commanding officer and adjutant thereof,
ft siiall be lawful for his Majesty, by warrant imder his sign manual, to direct
and order that the officer next in command, who shall be residing in Great
Britain, shall in all cases act and serve as the commandant of such regiment
or battalion ; and all powers and authorities which might have been exercised
by such colonel or other commandant so absent as aforesaid, while resident
in Great Britain, shall be vested in and exercised by the officer next in
command in such regiment or battalion who shall be resident in Great
Britain ; and &om and after issuing the said warrant as aforesaid, all "matters
and things which ought to be transacted and done by any other person or
penons with such colonel or other commandant, whilst resident in Great
Britain, shall be transacted and done during the time aforesaid with such
officer so next in command as aforesaid, who shall be residing in Great
Britain ; and all money directed to be issued or paid to or to the order of
such colonel or other commandant for the use of such regiment or battalion
shall be issued and paid to or to the order of such officer next in command
as aforesaid ; and all act^, matters, and things done by and with such officer
90 next in command as aforesaid during the time aforesaid, which are or
shall be authorized or required to be done by or with such colonel or other
commandant when in Great Britain, shall be good and valid as if done by or
with 8uch colonel or other commandant ; and during the absence from Great
Britain of the colonel or other commandant of such regiment or battalion,
and until he shall return to Great Britain and notify his arrival as aforesaid.
HisM^esty
may direct
sapenminerary
officers to be
appointed to
men trained to
the service of
artiUery.
Bank of officers
accepting com-
missions in
other regi'
ments.
Where a com-
mandant shall
be absent firom
Great Britain,
his Majesty
may direct the
officer next in
command to
act for him,
who shall be
▼ested with the
powers of the
commandant
till the com-
mandant shall
retom and
notify his
arriTal.
i'
152
42 George III. c. 91.
^A-D. 186l-2.
i
t
I
r
t
P
The o^cer next
in commismd
shair, within
seyen days
after assuming
the command,
notify the ab-
sence of the
commandant
to the lien-
tenant, and
when in actual
service to the
Secretary at
War.
Orders given
by a com-
mandant for
clothing or
accoutrements
shall be com-
pleted, and the
money paid to
his onler,
though he may
leave Great
Britain; as
shaU the orders
given by the
officer next in
command ^
during the ab-
sence of the
commandant,
though he may
return.
His Majesty
shall appoint as
adjutants offi-
cers who have
served five
years in the
army or embo-
died militia,
who, if in the
army, shall re-
tun Uieir rank.
\
the officer next in command in such regiment or battalion who shall be re-
siding in Great Britain shall appoint the regimental or battalion derk and
agent to such regiment or battalion in the same manner as such colonel or
other commandant might have done, and shall take security from such agent,
and shall be and is hereby made subject and liable to make good all defici-
encies that may happen from the said ag^t^ or from himself, upon acooiot
of the pay, clothing, or public stock of such regiment or battalion: Providel
always, that such officer so next in command as aforesaid, who shall asstoae
the powers so given to him as aforesaid in consequence of the absence from
Great Britain of his colonel or other commandant, shall, within seven da;^
after he shall assume any such powers, notify the absence from Great Brit^
of such colonel or other commandant to the lieutenant of the county, stew-
artry, city, or place, and also, when the regiment or battalion shall be in
actual service, to the secretary at war : Provided also, that if any such colond
or other commandant as aforesaid shall have given any orders for clothing
or other necessaries or for accoutrements, which ought to be provided in due
course or in pursuance of any order by proper authority at the time when
such order shall be given^ for the use of his regiment or battalion, and %
before such orders shall be completed or after the same shall be completed
and before the money shall be issued for the same, such colonel or other com*
mandant shall leave Great Britain, the orders so given by such colonel or
other conmiandant shall nevertheless be completed, and the money to be issued
in respect thereof shall be paid to the order of such colonel or other com-
mandant, notwithstanding his absence from Great Britain as aforesaid ; and in
like manner if any officer so next in command as aforesaid shall, in con-
sequence of the absence from Great Britain of his colonel or other comman-
dant, and under the authorities given to him as aforesaid, give any orders for
clothing or other necessaries or for accoutrements, which ought to be provided
in due course or in pursuance of any order by proper authority at the time
when such orders shall be given, for the use of his regiment or battalion, and,
before such orders shall be completed or after the same^ shall be completed
and before the money which ought to be issued shall be issued for the same,
the colonel or other commandant shall return to Great Britain and notify his
arrival as aforesaid, the orders so given by such officer so next in command
as aforesaid shall be completed, and the money to be issued in respect thereof
shall be paid to the order of such officer, notwithstanding the return of such
colonel or other commandant as aforesaid.
LXXI. And be it further enacted, that his Majesty may and shaU appoint
one proper person, who shall have served in some of his Majesty's other forces
or in the militia of England or of Scotland while embodied, for the term of
five years at the least, to be an adjutant to each regiment or battalion of
militia ; and such adjutant, if appointed out of his Majesty's other forces, shall
during his service in the militia preserve his rank in the army in the same
manner as if he had continued in that service ; and it shall be lawful for the
lieutenant of any county, stewartry, city, or place, on the recommendation of
the colonel or other commandant of any regiment or battalion of militia^ to
appoint the adjutant of such regiment or battalion to serve with the rank of
captain, provided such adjutant shaJl have served five years in the militia
while embodied, or in his Majesty's other forces, ■
r
A.D. 1801-2.
42 Geobge hi. c. 91.
153
Provided always, that no such appointment to the rank of captain shall be
vafid unlees in the instrument granting the same it be specified in ^what
legiment or battalion of the militia while embodied, or of his Majesty's other
fbroes, such adjutant hath served, and what was or were the date or dates of
his eommisaion or commissions : Provided also, that no adjutant so appointed
to serve with the rank of captain Shall, by virtue of the date of such appoint-
moit as aforesaid or otherwise, be entitled to rank above or to command any
eaptain of a company in the militia : Provided also, that no such adjutant
aiiall, by reason of any sudi appointment as aforesaid^ be entitled to receive
any greater or other pay than that of adjutant
LXXIL And be it further enacted, that it shall be lawful for the lieutenant
of the county, stewartry, city, or place who is authorized by this Act to name
the ecdonel of any regiment or battalion of militia, with the approbation of his
Majesty, to appoint one fit and proper person, who shall have passed an ex-
amiiiation at Surgeon's Hall in London, or before the College of Surgeons in
Sdiiibiirgh,-and received his certificate accordingly, to be surgeon of such
TtffjDeat or battalion ; and every such appointment shall recite the certificate
of the person so appointed, and an atteedyed copy thereof shall be transmitted
to and deposited with the derk of the general meetings ;
. . and every such surgeon so appointed as aforesaid shall, during the time
qC ibb militia to which he shall belong being embodied, receive the pay and
aSovistt of a surgeon of infantry in lus Majesty's other forces, and be subject
to the like rules, restrictions, and directions in every respect^ as £Eur as the
same mtj be applicable ; and no such surgeon shaU be capable of holding
aof oAer commission in such militia, or of receiving any pay in respect of any
dher eomnna^GD. in such militia, during the time of his being such surgeon as
aforesaid
r<yxnT. And be it further enacted, that it shall be lawful for the colonel
c£ each raiment or battalion, with the approbation of his Majesty, to appoint
one fit and proper person, who has served in his Majesty's other forces or in
the embodied militia, to be the quarter master of any such regiment or batta-
lioD respectively ; and it shall be lawful for the lieutenant of the county,
stewartry, city, or place authorized by this Act to appoint the colonel of such
regiment or battalion, on the recommendation of the colonel thereof, to appoint
aoeh quarter master to serve with the rank of lieutenant or ensign,
^ : Provided always, that such quarter master shall not be
capable of holding any commission, or receiving any pay in respect of auy
eotnmission, in any company in the militia, during the time of his l>eing sudi
quarter master as aforesaid.
liXXIY. And be it further enacted, that the colonel or other commandant
of every raiment or battalion of militia, when such regiment or battalion is
not in actual service, may appoint a regimental or battalion clerk, who shall
execute the office of paymaster.
LXXY. And be it further enacted, that no adjutant, surgeon, regimental or
battalion derk, paymaster^ or quarter master in the militia shall be capable of
being appointed captain of a company, nor shall any person holding the com-
nuasion of captain of a company be capable of being appointed adjutant,
smgeon, rqpmental or battalion derk, paymaster, or quarter master of militia.
Adjutanto may
have rank as
captains, but
not above cap-
tains of com-
panies, and
shall not be
entitled to
higher pay
than that of
a^'utant.
The lieutenant
authorized to
name the colo-
nel may, with
the approba-
tion ox hii Ma-
jesty, appoint
a surgeon.
Pay and al-
lowance to
surgeon while
militia are
embodied.
The colonel,
with the appro-
bation of hu
Majesty, may
appoint a
quarter master^
who may have
the rank of a
subaltern, but
shall not hold
any commis-
sion.
The colonel
may appoint a
clerk.
No adjutant,
&c. to be ap-
pointed captain
of acompauTy
or vice versa.
154
42 Geobob in c. 91.
A.D. 1801-2.
ft
I:
t
I
\
K.
Z
f-
■ •
u
t-
r
The propor-
tions of non-
commissioned
ofBoeraand
drammerB, and
ibdrpay.
Commandant
may appoint
aseijeant
major and
dnun major.
No pnblican
shall be a Ser-
jeant, corporal,
or drammer.
An additional
corporal may
be appointed
where there is
a sorplos of
men*
LXXYII. And be it further enacted, that Serjeants, corporals, and drummers
shall be appointed to the militia by the colonels or other commandant of each
regiment or battalion in the following proportions ; (that is to say,) when not
in actual service, there shall be one serjeant and one corporal to every thirty
private men ; and when the militia shall be drawn out into actual service, an
addition shall be made, so that there shall be one serjeant and one corporal to
every twenty private men ; and when not in actual service, there shall be one
drummer to every company, with an addition of one drummer for each flank
company of regiments or battalions consisting of five or more companies as
aforesaid ; and when the militia shall be drawn out into actual service, there
shall be an addition of one drummer to every company so drawn out; and the
daily pay of every such serjeant, corporal, and drummer respectively, when not
in actual service, shall be as follows; (that is to say,) of every seijeant one.
shilling and sixpence, of every corporal one shilling and twopence, and of
every drummer one shilling ; and such Serjeants, corporals, and drummers shall
be new doathed, when not in actual service, once in two years ; . . • . ,
And the colonel or other commandant of every regiment or battalion may
appoint a serjeant major, and the colonel or other commandant of every r^»
ment or battalion may also appoint a drum major; and that aU serjeaob
corporals, and drummers, having received any pay as^ such from any raiment
or battalion, shall be deemed to be engaged and compellable to serve in sudi
regiment or battalion until they shall be legally discharged : Provided always^
that no person who shall keep any house, of public entertainment, or who shall
sell any ale or wine or any brandy or other spirituous liquors by retail, shall
be capable of being appointed or of serving or receiving pay as a serjeant^
corporal, or drummer in the militia : Provided always, that if it shall happen
that in any regiment or battalion there shall be a surplus of fifteen private
men or upwards, after the appointment of one serjeant and one corporal to
every thirty private men, such regiment, battalion, or corps shall be entitled to
have one additional corporal, when not in actual service, for such surplus
number of men«
ift
if
f
i
>
r
Commandant
may discharge
Serjeants, j^.,
and appoint
others.
Extra drnm*
mers may he
kept as filers
or mnsicians,
at the expenoe
of the regi*
ment.
LXXTX> And be it further enacted, that any serjeant, corporal, or drummer
may be discharged by the colonel or other conmiandant, and the said colonel
or other commandant may appoint any proper person in the room of every
serjeant, corporal, and drummer who shall die, desert, or be discharged ; . •
• • 1^ • • • •
LXXX. And be it further enacted, that in case his Majesty's lieutenant i(x
BJij coimty, stewartry, city, or place, or the colonel or commandant of any
regiment or battalion of militia, shall be desirous of keeping up a greater
number of drununers than is herein directed to be employed, as fifers or
musicians for the use of any such regiment or battalion, and shall be willing to
defray the expence of such additional drummers, it shall and may be lawful
for such lieutenant or colonel or other commandant to retain in their respective
regiments or battalions any number of the drummers employed or to he
employed as fifers or musicians therein, over and above the number established
by this Act, or at any time hereafter to engage any additional number of
drunmiers to act as fifers or musicians in their respective regiments or batta-
lions ; and all such drummers so retained or in future engaged to serve in any
A.D. 1801-2.
42 George III. & 91.
151
ensign ; and inhere any county, stewartry, city, or place shall furnish men
snjfficient for one or more complete company or companies, the captains, lieu.
tftnanta^ and ensigns of such company or companies shall be appointed by
the lientenant of such county^ stewartry, city, or place ; and any fractional
part of a company which may remain furnished by such county, stewartry,
city, or place shall become subject to the rules above prescribed where the
mfia famished by two or more counties, stewartries, cities, or places are requi-
ate to complete a company,
LXVIIL Provided always, and be it enacted, that if his Majesty shall
at any time direct that any proportion of the said militia shall be trained
and exercised to the service of any artillery that may be attached to any
. tegunent or battalion of miUtia, it shall be lawful for his Majesty to direct
that a supernumerary officer or officers of the said regiment or battalion, of
vneh rank as his Majesty shall order, and being duly qualified as aforesaid,
diaJI be appointed to and for the said men so directed to be trained and
exercised as aforesaid^
LXIX. And be it further enacted, that every officer of any militia regiment
or battalion -who may have accepted or shall accept a conmiission or appoint-
ment of the same rank in any other militia regiment or battalion, and shall
thjEieby vacate his former commission, shall continue to rank in the general
Bcnndcft aooDording to the date of his commission or appointment of the same
rank in the militia so vacated as aforesaid.
LXX And be it further enacted, that when any colonel or other command-
ant of any raiment or battalion of militia shall be absent from Great Britain,
and TmtU he shall return to Great Britain, and shall have notified his arrival
to ibe derk of the general meeting of the district to which such regiment or
batt&tion shall belong, and to the commanding officer and adjutant thereof,
it shall be lawful for his Majesty, by warrant under his sign manual, to direct
order that the officer next in command, who shall be residing in Great
itain, shall in all cases act and serve as the commandant of such regiment
or baMalion ; and aU powers and authorities which might have been exercised
by such colonel or other commandant so absent as aforesaid, while resident
in Qresit Britain, shaU be vested in and exercised by the officer next in
command in such regiment or battalion who shall be resident in Great
Britain ; and &om and after issuing the said warrant as aforesaid, all "matters
and things which ought to be transacted and done by any other person or
persons with such colonel or other commandant, whilst resident in Great
Britain, shall be transacted and done during the time aforesaid with such
officer so next in command as aforesaid, who shall be residing in Great
Britsdn ; and all money directed to be issued or paid to or to the order of
"Such colonel or other commandant for the use of such regiment or battalion
shall be issued and paid to or to the order of such officer next in command
as aforesaid ; and all act^, matters, and things done by and with such officer
BO next in conunand as aforesaid during the time aforesaid, which are or
shall be authorized or required to be done by or with such colonel or other
commandant when in Great Britain, shall be good and vaUd as if done by or
with such colonel or other conmiandant ; and during the absence from Great
Britain of the colonel or other commandant of such regiment or battalion,
and until he shall return to Great Britain and notify his arrival as aforesaid^
His M^csty
may direct
snpernumerary
officers to be
appointed to
men trained to
the senrice of
artillery.
Bank of officers
accepting com-
missions in
other regi-
ments*
Where a com-
mandant shall
be absent firom
Great Britain,
his Majesty
may dij^ect the
officer next in
command to
act for him,
who shall be
▼ested with the
powers of the
commandant
till the com-
mandant shall
retom and
notify his
arrival.
156
42 Qeorge IIL c. 91.
A.D. 1801-2.
i
h
I
i*^ •
r
■
> ■
u
t
kJ
but no punish-
ment shall
extend to life
or limb.
Begimental
conrts martial
for offences
committed
duing exercise.
Regulations for
sending notice
of the times
and places of
exercise.
Subdivision
meetings shall
issue orders for
calling out the
men.
Notices to be
affixed on the
church doors,
which shall be
sufficient
notice.
made in pursuance of such Act, shall be in force with respect to such militia,
and to all the officers, non-commissioned officers, drummers, and private men
of the same, in all cases whatsoever, hut so that no punishment shall extend
to life or limb ; and that it shall be lawful for the officer commanding and
present with any detachment or division of militia called out to exercise under
any of the provisions of this Act, not being imder the rank of captain, to order,
when he shall think it necessary, a regimental court martial to be held for the
trial of any offence committed by any serjeant, drummer, corporal, or private
man under and during his command ; and if a sufficient number of officers
shaU not be present to constitute such court martial, it shall be lawful for the
commanding officer of the regiment or battalion of militia to which any such
detachment or division of militia shall belong, and he is hereby required, npaa
application made to him by the officer commanding such detadmient or division
for that purpose, to order a sufficient nxmiber of officers of proper rank to
attend for the purpose of assisting at such court martial, who shall forthwith
attend the same, and assist as members thereof; and the sentence of every
such court martial shaU in every case be submitted to the colonel or other com-
mandant of the regiment or battalion to which such detachment or divisiim
shall belong, or (in his absence from the county, stewartry, city, or place) to
the senior field officer within the same, for his approval thereof, who shall
cause such sentence to be put in execution, mitigated, or remitted, as he shall
in his discretion think best for the service.
LXXXy. And be it further enacted, that notice of the times aild places of
exercise of the militia men to be raised by virtue of this Act shall be sent as
follows ; (videlicet,) where a county of itself forms a battalion, the notice shall
be sent by order of the general meetings of lieutenancy of such coimty, by the
clerk of the general meetings, to the clerk of the several subdivision meetings
in such county ; and where two or more counties, stewartries, cities, or places
compose a battalion, the notice shall be sent by order of the general meetings
of lieutenancy of the county, stewartry, city, or place composing the greatest
nxmiber of such regiment or battalion, not only to the derk of the several sub-
division meetings in such county, but also to the clerk of the general meetings
of the other county, stewartry, city, or place, or counties, stewartries, cities, or
places composing such battalion, who shall again send notice to the clerk of
the several subdivision meetings in such county, stewartry, city, or place, or
counties, stewartries, cities, and. places xespeobivdy. ; and the said deputy
lieutenants, at some subdivision meeting to be held for carrying this Act into
execution after the receipt of the said notices, shall cause the men serving for
such subdivision to be called out in such order and course as shall have beea
notified by the clerk of the general meetings as aforesaid, and for that porpoft
shall issue orders to the chief constables or other officers of the several
counties, stewartries, cities, and places respectively, and to the schoolmasters,
constables, and other officers within their respective parishes or other divisions,
which schoolmasters, constables, and other officers shall cause such notice as
aforesaid to be affixed on the door of the churches or chapels belonging to
their respective parishes or places, or (if any place shall have no church or
chapel belonging thereto) on the door of the church or chapel of some parish
or place thereunto adjoining, which notice shall be deemed a sufficient noUoe
to every person inroUed by virtue* of this Act, notwithstanding any omission
k.
^D. 1801-1
42 Geobge III. c. 91.
157
in the delivery of wrltteti notices in manner herein-after directed ; and such
coosUUes and other officers are hereby required also to give notico in writing
to the several militia men who shall be called out to be trained and exercised
it soeh times and places respectively, by serving them personally or by leaving
the same at their usual place of abode, to attend at the time and place men-
tioned in such order ; and all such militia men shall duly attend at the time
and place of exercise according to such notices respectively.
LXXXYI. And be it further enacted, that the clerks of the several sub-
division meetings in every county, stewartry, city, or place shall, within the
Bpaee of ten days after the receipt of such notices as aforesaid from the clerks
of the general meetings, cause a full and true list, specifying the name and
date of the inrohnent of all the persons iaroUed (within each subdivision
respectively) to serve in such militia, and the time and place of exercise, to be
tnasmitted to the commanding officer of the regiment or battalion of militia
for which such persons have been inroUed by virtue of this Act, or to such
pers(Hi as shall be appointed by such commanding officer to receive the same ;
and shall in like manner cause a duplicate of such list to be transmitted to the
a^ntant of the said regiment or battalion, and in every case where there is no
adjutant^ to the major or captain commandant of such corps.
LXXXVII. And be it further enacted, that the pay of every person inroUed
to tore in the militia of any county, stewartry, city, or place, when not em-
lo&dand ccJled out into actual service, and who shall be called out for the
parposerf being trained and exercised as aforesaid, shall commence upon the
dajQDirhicli such person shall join the regiment or battalion or detachment
or division to which he shall belong, and not before : Provided always, that if
soeb person shall have been prevented joining such regiment or battalion or
<letadunent or division by sickness or other sufficient cause, and shall produce
to the commanding officer thereof a satisfactory certificate of such sickness or
other snfficient cause, it shall be lawful for the commanding officer of such
legimeDt or battalion or detachment or division and he is hereby required to
diiect an allowance of pay to be made to the person so prevented, according to
the time mentioned in such certificate as aforesaid.
LXXX VIIL Provided also, and be it further enacted, that every man of
the said militia coming &om a considerable distance, who shall appear at the
place or places to be appointed for exercise, shall be entitled to an allowance
after the rate of one shilling per diem for each day necessarily spent in coming
from the parish or place for which he shall serve to the place or places to be
appointed for exercise, and shall in like manner be entitled to a similar allow-
Aoee of one shilling per diem for each day necessary to enable him to return
to the parish or place for which he shall serve after the days appointed for
exendse are over, to be calculated at not less than ten miles per day, with the
nsoal number of halting days ; and where such militia man has occasion to
oome and return by sea or to pass a ferry or ferries, he shall farther be allowed
the smn usually paid for such passage by sea or at such ferry or ferries in
coming fix)m and returning to the parish or place for which he shall serve ;
for which purpose a certificate shall be given to every such militia man of the
number of days and of the amount of the passage money for which such al-
lowance shall be made to him, under the hands of two or more of the deputy
lieutenants of the parish or division to which such militia belongs, whidi
CoDStables to
give written
notices to the
men to attend.
Clerks of sab-
division meet-
ings to send
lists of the men
enrolled, and
the time and
place of exer-
cise, to the
conunanding
officer, &c.
Begnlationsas
to pay of men
called out to
exercise.
Men coming
from a distance
to the place of
exercise shall
receive certain
allowances, on
certificates
from two
deputy lien-
tenants, which
shall be paid Irf
the clerk of the
snbdiTiaon and
repaid to him
by the collector
of the land
I
168 42 George IIL a 91. A.D. 1801-2.
i
t.
Ir
certificate shall be produced by such militia man to the clerk of the Bubdivigion
meetings in whose district the said militia man hath his abode^ who shall
thereupon pay to such militia man the allowance specified in such certificate ;
and upon such certificate being produced to the collector of the land tax df the
county, stewartry, dty^ or place to which such militia man belongs, the said
collector shall reimburse the derk of the subdivision meeting who has paid
the same for the amount of the allowances specified in such certificate ; and
all such sums so paid by such collector shall be allowed in his accounts.
MiHtia men LXXXIX. And be it forther enacted, that in case any militia man shall, on
\ tiS^rch iSy ^^ niarch to the place where he shall be ordered to attend for the annual
V be relieved by exercise, be disabled by sickness or otherwise, it shall, be lawful for any one
jua^*and*the j^^ce of the peace of the county, stewartry, dty, or place where such man
ezpenoe BhaU shall then be, by warrant under his hand to order him such relief as such
by the collector justice shall think reasonable ; and upon such warrant being produced to the
I \ ^^^ ^d collector of the land tax of the county, stewartry, city, or place within which
\\ . such militia^ man shall then be, he shall pay all such expences as shall be
^ incurred pursuant to such warrant, upon an account thereof to be certified
r under the hand of such justice of the peace, and all such sums so paid by any
\ . such collector shall be allowed in his accounts.
*^"^t^' ^A ^^' '^•^^ ^ ^^ further enacted, that it shall be lawful for all justices of tte
mimia when peace and magistrates of cities, towns, and places, and they and each of them
e *^®^®°* ^ are and is respectively hereby required, to quarter and billet the officers, non-
£ cise, and, when Commissioned officers, drummers, and private men serving in the militia, at the
\ ^ *^^^°'**' times when they shall be called out to annual exercise, in the same way and
\ quarters for manner as his Majesty's regular forces are so furnished and provided in that
\ ' iSLbnedoffi- P*^ ^^ Great Britain called Scotland, upon application made to any such justices
t cers anddmm- of the peace or magistrates by his Majesty's lieutenant, or by the colonel or
\ ™*"' other conamanding officer of the regiment or battalion of militia so called out
fc to exercise as aforesaid, or of any division or detachment thereof ; and when
the militia is not embodied nor called out to exercise as aforesaid, all justices
of the peace and magistrates aforesaid may and they and each of them are and
is hereby respectively required to order and provide convenient quarters in
such manner as aforesaid for the Serjeants, corporals, and drummers of the
militia.
[• Justices may XCI. And be it further enacted, that when the militia shall be called out
carSiMs^d* to be trained and exercised, any justice of the peace of any county, stewartiy,
horses for con- city, or place, being thereimto required by an order from the lieutenant or from
t* anoMtc^f ^^1 deputy lieutenant of such county, stewartry, city, or place, or firom the
L the militia on colonel or other commanding officer of any regiment or battalion, detachment
*' his Majesty's or division of militia^ being within such county, stewartry, city, or place, may
forces. aji(j gi^ali be aiding and assisting in the providing of carriages and horses to
[ convey the arms, clothes, accoutrements, ammunition, and other stores of such
\ militia, and shall do every thing necessary in that behalf, in the same manner
\ as justices of the peace in Scotland do for the purpose of providing carriages
^ and horses to convey the arms, clothes, accoutrements, anununition, and other
\ stores of his Majesty's forces upon their march.
p' Hiliiia men, XCIL Aot) be it further enacted, that when any regiment or battalion of
i ' OTt to exercise, o^tia, or any detachment or division thereof as aforesaid, shall be assembled
[ may be pat for the purpose of being trained and exercisedi it shall be lawful for the captain
A.D. 1801-2.
42 George IIL a 91.
159
or
III nil*
office of every company to put the militia men of his com-
pany imder stoppages, not exceeding four-pence per day, for the purpose of
providing them with linen and also with other necessaries, and for defraying
the ezpence of repairing any arms which shall have been broken or damaged
fay any such militia man's neglect : Provided always, that every such captoin
car oommanding officer shall account with each militia man for such stoppages,
iod after having deducted what shall have been laid out and paid for
neeeasaries and for repairing the arms as aforesaid, shall pay the sum re-
maining (if any there shall be) into the hands of the militia man to whom the
same belongs, before such militia man shall be dismissed from such training
aodezercisa
XCUL Akb be it farther enacted, that the colonel or other commanding
offieer of every r^;iment or battalion of militia^ as often as his regiment or
battalion shall be called out to exercise as before directed, and within fourteen
days fiom the time of assembling, shall and he is hereby required to return to
AeUeaftenant of the county^ stewartiy, city, or place to which the same belangs,
or vliere two or more counties, stewartries, cities, or places are joined together
to form a raiment or battalion, to the lieutenant of the county, stewaitry, city,
vjjace fumishing the greatest number of men to such regiment or battalion,
atrae state of such regiment or battalion, and a duplicate thereof to the clerk
tolk|!aierml meetings, to be preserved among the proceedings thereof; and
irtmay sueh regiment <»- battalion shall be so ordered to be trained an^l
exmiseiin parts or pioporiioiis suceessively in manner directed by this Act,
tkoCaer eommandiDg every such part or proportion for the time being shall,
viin leveaa days after the a^embUng of such part or propr^ion, make a
ntm of the state of the militia exercised by him or imder hhi ef/auasaifl to
tkeoloDel or eonunanding officer of the regiment or battalion to which tlie
ffiEtia so exerased shall bek«ig. on pain of forfeiting twenty pounds for every
ndi oniasioii ; and the eolonel or commanding offieer rttei^rmg iiuch retnriM
>UL vitfain fourteen days after all the returns of men bdoogi]^ u^ hh nf^
Mtt or battalion, who shall have been ^i ae^embkd, .^hall have be^n ree^ved
ly bim, tmismit a g<aiexal retom to toe liKaseDaaa fA the eounty, nu^wzriryf
citT, or phee to which satb miTiiia shaE belong, cr wh^re two <«- more ef/nmlfA^
cities, or phcm are jcb^A Mj^^jlkx to form a re^ni^Tit or battali^^ Vf ti^
tfientamt of the county, stewartrr, tizj, or place fmr.^.h^ th^ gr^at^X nm/*-
Ixr atmat to sach re^jm^exn or bascali^o. ac^i a dzip-lleat^^ xuinfA to th^ e^^^k
if the gcBoal mtit^zc^y to t^ freserred ooLi^z^ tber |,?*xi&edLiji^ itj>n/>f ; MiA
ia tut may c&aer i-bmA ler^e cr x^jp^tx f :r 'xrei^ mrx^trA mfuir iijt uzsj^. \jKr^;n
^jpointed Cor Tnraar^r s^icfL viXnjzA *ff to 'S;, \^ \caL frjr er^rj xr^^ ^/Sf^^ut
fis&it and par tbe qg^ cf £ny i.*',r:xMisL
XCIY. Ajtd be i f2ri»*r «ae&bi iksat Hjh tsscxAin -jr ecsr.i;«6r>^,.T^ o<!£<wr ^4^
way f waiiMii cf nfZiaa caZai Oin V/ •nuinii*^, --suirr v.lt XiX ^.a^,^ ^nnx/j v.^
time of neb €xere^«*h siaks :r:-: a •jirr^^s atii a^i^nra^ r^j'.m *4 V>> 4U*t^ //
thedMBcs cf liii: 2i*»E. Si.cc-^zc V. 2l1-. «r,r.-.'-,.«r-T zrra,':^^^ a^i%y-://:'7 v, nr^ fr.rn*
ia the 9ehe«i:i> ^v -±5* As; iznirrx^i ni:^^ T *--»-*-'-
pares for pnv
Yidinr than
witbuiMiifftc.
B«titnif ofdM
militia, wbcn
eallcdooito
exerciiic, to bir
made t))r the
ccufntAf ii€»
f ^
or
Oe
ty^btJTv,--/ v,<!f *^:y^%t yea*
»/. ^i. «r^ vr/ ^u*rr A-.^w, ^f^iSfc**.
jti- * ^-^
• •• » *
s ^^Ar» 4» ^a»k
4m v.m u(Wiii|
I'
160
42 George III. a 91.
A.D. 1801-2.
mitthe same
to the clerk of
the gfeneral
meetings, &C.
I.' •
Clerk to the
general meet-
ings shall
transmit to
the secretary
of state an
abstract of re-
turns in the
form in sche-
dule (G.)
Penalty for
neglecting to
make returns.
Men not ap-
pearing at the
time and place
of exercise
shall be deemed
deserters, and
such men and
men absenting
themselves
during that
time, if not
taken till after-
wards, shall
forfeit 10/. or
be committed
for six months.
If men absent
themselves, and
do not return,
or are not
taken within
three months,
others shall be
ballotted for.
Whenever such
men return
or are taken,
they shall be
o6mpelled to
serve.
jutont or commanding officer (as the case may be) shall, within one monih
after every such exercise as aforesaid, prepare and make out a general and
accurate return of all such classes, according to such form and with sudh speci-
fication as aforesaid, and shall transmit the same to. the clerk of the general
meetings, and shall also transmit to the clerks of the subdivision meetiogy
within the county, stewartry, city, or place to the militia of which he shall
belong, extracts of such return, containing the state of the classes of the men
belonging to their respective subdivisions ; and such subdivision clerks shall
forthwith correct the books of inrohnent of their respective subdivisions so as
to correspond accurately with such return ; and the clerk to the general meet-
ings shall forthwith upon receipt of such returns as aforesaid, and within two
months after the expiration of such exercise as aforesaid, make out and trans-
mit to one of his Majesty's principal secretaries of state correct abstracts of all
such returns as aforesaid, made out in the form in the schedule marked (G.) to
this Act annexed ; aiid every person so required as aforesaid to make any such
return, who shall refuse or neglect to make the same in manner aforesaid, at
the period hereby required for that purpose, shall for every such offence forfeit
and pay the sum of fifty pounds.
XCV. And be it further enacted, that every militia man (not labouriiy
under any infirmity incapacitating him) who shall not appear at the time ajii
place appointed for his being exercised according to the directions of this Act
(notice having been published and given as by this Act required) shall be
deemed a deserter, and if not taken until after the time of any such exercise
shall forfeit and pay the sum of ten pounds ; and also every militia man who
having joined the regiment or battalion to which he belongs, or any company
or companies or detachment or division thereof, shall desert or absent himself
during the time of any such exercise, and shall not be taken until after the
time of such exercise, shall forfeit and pay the sum of ten pounds ; and if
such penalty shall not be immediately paid, the justice of the peace before
whom any militia man shall be convicted of any such offence shall conunit
such militia man to l^he house of correction to hard labour, or to the common
gaol, there to remain without bail or mainprize for the space of six months,
or until he shall have paid the said penalty, without any mitigation what-
soever.
XCYI. And be it further enacted, that in case any militia man shall desert^
or absent himself from his duty, and shall not return and voluntarily surrender
himself to the adjutant or other officer, commissioned or non-commissioned,
commanding at the city, town, or place where the arms of the regiment or
battalion to which he shall belong shall be deposited, or shall not be taken
within the space of three months from the time of his so deserting or absent-
ing himself^ then upon certificate thereof from the commanding officer of the
regiment or battalion to which he belonged to the deputy lieutenants at any
of their meetings for the subdivision for which such militia man was inrolled,
such deputy lieutenants, or any two or more of them, are hereby required to
hold a subdivision meetings and to proceed to ballot for another person to
serve and be returned to such regiment or battalion in the room of such militia
man ; and in case such militia man shall at any time thereafter return or be
taken, he shall, notwithstanding any person shall have been chosen in his
room^ be compelled to serve in the same manner and for the same term (Uie
A.D, 1801-£
42 George III. o. 91.
161
tenn to recommence from the day on which he shall have returned or
hftve been taken) as if no person had been so chosen in his room.
XCVII. And be it further enacted, that all muskets delivered for the service
of the militia shall be marked distinctly in some visible place with the letter
0L\ and the name of the county, stewartry, city, .or place to which they
belong; and in case any miHtia man shall sell, pawn, or lose any of his arms,
doihes, accoutrements, or ammunition, or neglect or refuse to return the satne
in good order to his captain, or to the person appointed to receive the same,
every such militia man shall for every such oflFence forfeit and pay a sum not
exceeding three pounds, and if such militia man shall not immediately pay
saeh penalty, the justice of the peace before whom he shall be convicted shall
eommit him to the house of correction, to be kept to hard labour, for any time
not exceeding three months, or until he shall have paid the said penalty.
XCVIII. And be it further enacted, that if any person shall knowingly and
▼iliiilly buy, take in exchange, conceal, or otherwise receive any militia arms,
dotbes, or accoutrements, or any such articles belonging to any militia man as
ftre generally deemed regimental necessaries according to the custom of the
umy, being provided for the militia man and paid for by deductions out of
bis pay, or any public stores or ammunition whatever delivered for the militia,
upa any account or pretence whatsoever, contrary to the true intent and
ncuoDg of this Act, the person so offending shall forfeit and pay for every
sodiolence the sum of ten pounds; and if such offender shall not imine-
diat«itypay such penalty, and shall not have sufficient goods and effects
^ieHBonto levy such penalty, the ji;istice before whom he or she shall be, con-
rictedakall commit him or her to the common gaol, there to remain without
^ormainprize for the space of six months, until he or she shall have paid
tie said fine, or shall cause such offender to be publicly or privately whipped,
«t ibe discretion of such justice.
ICIX And be it further enacted, that every serjeant major, Serjeant, cor-
ponl, drum major, and drummer of the militia shall be at all times subject to
any Act which shall be in force for punishing mutiny and desertion, and for
the better payment of the army and their quarters, and to the Articles of War,
under the command of the colonel or other commandant of the regiment or
battalion to which he belongs ; and it shall be lawful for the colonel or other
commandant of any regiment or battalion of militia to direct the holding of
oomis martial, as herein-after directed, for the trial of any serjeant major,
Serjeant, corporal^ drum major, or drummer of such i*egiment or battalion, by
either a general or regimental court martial, for any offence against the said
Act or Articles of War committed during the time such regiment or battalion
shall not be embodied, and for the trial of any serjeant, corporal, drummer, or
private man of such regiment or battalion who shall have deserted while the
said regiment ot battalion was embodied, and shall not have been apprehended
till after it shall have been disembodied, but so that no punishment shall
extend to the loss of life or limb.
C. And be it further enacted, that if a sufficient number of officers to form
a court martial cannot be foimd, it shall be lawful for the colonel or other
oonunandant, and in his absence for the senior field officer of the regiment or
battalion to which the person on whom such court martial is to be held shall
belong/ to order any officers of such regiment or battalion actually resident
VOL. rv. L
Moflkets to be
marked, and if
men sell or
lose their arms,
&G., or neglect
to ^tum them
in good order,
they shall for-
feit not exceed-
ing 8/. or be
committed for
not exceeding
three months.
Penalty for
buying militia
arms, &c.
Seijeant
majors, &c.
shall be at all
times subject
to Mutiny Act,
&c, and may
be tried by
court martial
for ofiences
committed
when the militia
is not embodied;
and seijeants,
&c., and private
men may be
so tried who
desert while
their regiment
is embodied,
and are not
taken till after-
wards.
Commandant
may order
officers of the
regiment resi-
dent where the
trial is to be,
or within ten
150 42 Geoboe III. c. 91. AJ). 1801-2.
colonel, and major in such regiment or battaKon respectively, but with no
higher pay than if the persons so appointed to hold the rank of colonel, lieu-
tenant colonel, and major were appointed to hold only the rank of heutenant
colonel, major, and captain respectively, and which three persons who may be
so appointed to hold the rank of colonel, lieutenant colonel, and major respee-
tively shall be severally appointed in the manner herein-after provided in the
case of other colonels, lieutenant colonels, and majors of the militia : Provided
also, that every regiment or battalion consisting of five companies, but leas
than eight companies, may have one company of grenadiers or light in&nby
to which two lieutenants shall be appointed instead of one lieutenant and one
ensign ; and that every regiment or battalion consisting of ^ight companies or
upwards may have one company of grenadiers and one company of light
infantry, to each of which companies two lieutenants shall be appointed instead
of one lieutenant and one ensign : Provided also, that to every company oon-
sisting of mnety private men and upwards there may be two lieutenants and
one ensign, or three Heutenants, as the case may be.
How the field LXV. And be it further enacted, that the different field officers conmianding
ap^nted. ^^ ^^ several battalions shall be appointed as follows ; where three or moie
counties, stewartries, cities, or places are joined together to form a battalioD,
the colonel shall be appointed by the Ueutenant of the county, stewartry, city,
or place furnishing the greatest number of private men, the lieutenant colonel
shall be appointed by the Ueutenant of the coimty, stewartry, city, or place
furnishing the next greatest number, and the major shall be appointed by the
lieutenant of the county, stewartry, city, or place furnishing the third greatest
number ; and where two counties, stewartries, cities, or places only are joined
together to form a battalion, then and in such case the colonel and major shall
be appointed by the lieutenant of the county, stewartry, city, or place furmshing
the greatest number, and the lieutenant colonel shall be appointed by the
lieutenant of the county, stewartry, city, or place furnishing the smallest
number ; and where one county, stewartry, city, or place of itself forms one
battalion, then the colonel, lieutenant colonel, and major shall be appointed by
the Ueutenant of the county, stewartry, city, or place forming such battalion.
Ab to a county LXVI. PROVIDED always, and be it enacted, that where any county,
MffidOTtmen stewartry, city, or place does not furnish men sufficient to form a company,
for a company, the Ueutenant of such county, stewartry, dty, or place shall not appoint any
of the field officers.
How the ci^ LXYII. And be it further enacted, that the captains and subalterns of
S!^t^S^ companies shall be appointed as foUows ; where the men furnished by any
appointed. county, stewartry, dty, or place shall not be sufficient for a company, the
Ueutenant of the county, stewartry, dty, or place famishing the greate*
fractional part of a company shall appoint the captain, the Ueutenant of tiie
coimty, stewartry, dty, or place furnishing the next greatest fractional part
of a company shall appoint the Ueutenant, and the Ueutenant of the couniy,
stewartry, city, or place furnishing the next greatest fractional part of a
company shall appoint the ensign; and where the men furnished by two
counties only form one company or the fractional part of a company, the
Ueutenant of the county, stewartry, city or place furnishing the largest
fractional part of such company shall appoint the captain, and the Ueutenant
of the other county, stewartiy, dfy, or place shaU appoint the Ueutenant and
A.D. 1801-2.
42 Geobge III. & 91.
151
aisign ; and where any county, stewartry, city, or place shall furnish men
Bofficient for one or more complete company or companies, the captains, Heu.
tenants^ and ensigns of such company or companies shall be appointed by
the lieutenant of such county, stewartry, dty^ or place ; and any fractional
part of a company which may remain furnished by such county, stewartry,
Ciisy, or place shall become subject to the rules above prescribed where the
men fumiahed by two or more counties, stewartries, cities, or places are requi-
site to complete a company,
LXYIII. Provided always, and be it enacted, that if his Majesty shall
at any time direct that any proportion of the said militia shall be trained
and exercised to the service of any artillery that may be attached to any
regimoit or battalion of militia, it shall be lawful for his Majesty to direct
thai a supernumerary officer or officers of the said regiment or battalion, of
amdi rank as his Majesty shall order, and being duly qualified as aforesaid,
aluJlbe appointed to and for the said men so directed to be trained and
exercised as aforesaid^
TiXTX. And be it further enacted, that every officer of any militia regiment
orliattalion'who may have accepted or shall accept a commission or appoint-
neniof Ihe same rank in any other militia regiment or battalion, and shall
ftiaeby vacate his former commission, shall continue to rank in the general
Knice according to the date of his commission or appointment of the same
Tinkmilie militia so vacated as aforesaid.
in. And be it further enacted, that when any colonel or other command-
ant rfany regiment or battalion of militia shall be absent from Great Britain,
jflrf nntil he shall return to Great Britain, and shall have notified his arrival
to ihe dark of the general meeting of the district to which such regiment or
laitali(ni shall belong, and to the commanding officer and adjutant thereof,
itshafl be lawful for his Majesty, by warrant imder his sign manual, to direct
and order that the officer next in command, who shall be residing in Great
Britain, shall in all cases act and serve as the commandant of such regiment
or battalion ; and all powers and authorities which might have been exercised
bj such colonel or other conmiandant so absent as aforesaid, while resident
in Great Britain, shall be vested in and exercised by the officer next in
command in such regiment or battalion who shall be resident in Great
Britain ; and &om and after issuing the said warrant as aforesaid, all ^matters
sod things which ought to be transacted and done by any other person or
persons with such colonel or other conmiandant, whilst resident in Great
Britain, shall be transacted and done during the time aforesaid with such
officer so next in command as aforesaid, who shall be residing in Great
Britain ; and all money directed to be issued or paid to or to the order of
such colonel or other commandant for the use of such regiment or battalion
shall be issued and paid to or to the order of such officer next in command
as aforesaid ; and all act^, matters, and things done by and with such officer
80 next in command as aforesaid during the time aforesaid, which are or
shall be authorized or required to be done by or with such colonel or other
commandant when in Great Britain, shall be good and vaUd as if done by or
with such colonel or other commandant ; and during the absence from Crreat
Britain of the colonel or other commandant of such regiment or battalion,
and until he shall return to Great Britain and notify his arrival as aforesaid.
HisM^esty
may direct
supenminerary
officers to be
appointed to
men trained to
the senrice of
artiUery.
Bank of officers
accepting com-
missions in
other regi-
ments.
Where a com-
mandant shall
be absent firom
Great Britain,
his Majesty
may direct the
officer next in
command to
act for him,
who shall be
▼ested with the
powers of the
commandant
till the com-
mandant shaU
retom and
notify his
arriTal.
L> ■ >
I .
152 42 George III. c. 91. AJ), 1801-2.
Il the officer next in command in such regiment or battalion who shall he re<
siding in Great Britain shall appoint the regimental or battalion derk and
[ agent to such regiment or battalion in the same manner as such colonel or
Y other commandant might have done, and shall take security from such agents
and shall be and is hereby made subject and liable to make good all defici-
encies that may happen from the said ag^t, or from himself, upon account
Theo^cernext of the pay, dothing, or pubUc stock of such regiment or battalion: Provided
• ISior^vSSin always, that such officer so next in command as aforesaid, who shall assume
' seven days the powers SO given to him as aforesaid in consequence of the absence from
the comms^ Great Britain of his colonel or other commandant, shall, within seven days
notify the ab- after he shall assume any such powers, notify the absence from Great Britain
f wmmandant of such colonel or other eonmiandant to the lieutenant of the county, stew-
^ . to the lieu- artry, city, or place, and also, when the regiment or battalion shall be in
^ » ^hen in actual actual service, to the secretary at war : Provided also, that if any such colonel
K MTvice to the q^ other commandant as aforesaid shall have given any orders for clothing
War. or other necessaries or for accoutrements, which ought to be provided in
Orders given course or in pursuance of any order by proper authority at the time when
i^ ^indimTfor ^^^^ order shall be given, for the use of his regiment or b^tttalion, and ii
|. clothing or before such orders shall be completed or after the same shall be completed
^"^ shaiTbe com- ^^^ before the money shall be issued for the same, such colonel or other com-
pleted, and the mandant shall leave Great Britain, the orders so given by such colonel or
his o^^ctT other commandant shall nevertheless be completed, and the money to be iwued
though he may \j^ respect thereof shall be paid to the order of such colonel or other com-
If'ft.'ve Crf eat
Britain ; as mandant, notwithstanding his absence from Great Britain as aforesaid ; and in
shall the orders jjjj-g manner if any officer so next in command as aforesaid shall, in con-
officer next in sequence of the absence from Great Britain of his colonel or other comnum-
f ^ommand^ ^^ dant, and under the authorities given to him as aforesaid, give any orders for
i ' sence of the clothing or other necessaries or for accoutrements, which ought to be provided
thouffhhenay ^ ^^® couTse or in pursuance of any order by proper authority at the time
return. when such orders shall be given, for the use of his regiment or battalion, and,
before such orders shall be completed or after the same shall be completed
and before the money which ought to be issued shall be issued for the same,
1^ the colonel or other conunandant shall return to Great Britain and notify his
t arrival as aforesaid, the orders so given by such officer so next in conunand
t as aforesaid shall be completed, and the money to be issued in respect thereof
[ ' shall be paid to the order of such officer, notwithstanding the return of such
^ ' colonel or other commandant as aforesaid.
p His Majesty LXXL AnTD be it further enacted, that his Majesty may and shall appoint
adjutote'Si-** ^^® proper person, who shall have served in some of his Majesty's other forces^
cers who have or in the miUtia of England or of Scotland while embodied, for the term of
served five a
years in the ^^^ years at the least, to be an adjutant to each regiment or battalion of
amy or emho- militia ; and such adjutant, if appointed out of his Majesty's other forces, shall
[ who, if in the during his service in the militia preserve his rank in the army in the same
amy, shaU re- manner as if he had continued in that service ; and it shall be lawful for the
tain their rank. «
Ueutenant of any county, stewartry, city, or place, on the recommendation of
the colonel or other commandant of any regiment or battalion of militia^ to
appoint the adjutant of such regiment or battalion to serve with the rank of
captain, provided such adjutant shall have served five years in the militia
while embodied, or in his Majesty's other forces, •
I
^ served five
A.D. 1801-2.
42 Geobge III c. 91.
153
Provided always, that no such appointment to the rank of captain shall be
valid unless in the instrument granting the same it be specified in ^what
regiment or battalion of the miUtia while embodied, or of his Majesty's other
ioToes, such ^ adjutant hath served, and what was or were the date or dates of
his commission or commissions : Provided also, that no adjutant so appointed
to serve with the rank of captain dhall, by virtue of the date of such appoint-
ment as aforesaid or otherwise, be entitled to rank above or to command any
captain of a company in the militia : Provided also, that no such adjutant
diall, by reason of any such appointment as aforesaid, be entitled to receive
any greater or other pay than that of adjutant
LXXIL And be it further enacted, that it shall be lawful for the lieutenant
of thjB county, stewartry, city^ or place who is authorized by this Act to name
die colonel of any regiment or battalion of militia, with the approbation of his
Majesty, to appoint one fit and proper person, who shall have passed an ex^
•ndnation at Surgeon's Hall in London, or before the College of Surgeons in
£diiibargh,*and received his certificate accordingly, to be surgeon of such
Ngimeat or battalion ; and every such appointment shall recite the certificate
a( the person so appointed, and an attested copy thereof shall be transmitted
to and deposited with the derk of the general meetings ;
. . and every such surgeon so appointed as aforesaid shall, during the time
d ihe militia to which he shall belong being embodied, receive the pay and
alonaoe of a surgeon of infantry in his Majesty's other forces, and be subject
to the %e rules, restrictions, and directions in every respect, as £Eur as the
amjDSfhQ applicable ; and no such surgeon shall be capable of holding
teyctha commission in such militia, or of receiving any pay in respect of any
oiiereoiiimission in such militia, during the time of his being such surgeon as
i/bnesaid.
LXXm And be it further enacted, that it shall be lawful for the colonel
of each regiment or battalion, with the approbation of his Majesty, to appoint
ffle fit and proper person, who has served in Ins Majesty's other forces or in
tke embodied militia, to be the quarter master of any such regiment or batta-
Bon respectively ; and it shaU be lawful for the lieutenant of the county,
stewartry, city, or place authorized by this Act to appoint the colonel of such
Kgiment or battalion, on the recommendation of the colonel thereof, to appoint
such quarter master to serve with the rank of lieutenant or ensign, . . .
/ ; . . . . : Provided always, that such quarter master shall not be
capable of holding any commission, or receiving any pay in respect of any
CffmmissioD, in any company in the militia, during the time of his l>eing such
quarter master as aforesaid
LXXIY. And be it further enacted, that the colonel or other commandant
of every regiment or battalion of militia, when such regiment or battalion is
not in actual service, may appoint a regimental or battalion clerk, who shall
execute the office of paymaster.
liXXY. And be it further enacted, that no adjutant, surgeon, regimental or
battalion clerk, paymaster,- or quarter master in the militia shall be capable of
being appointed captain of a company, nor shall any person holding the com-
miflsioii of captain of a company be capable of being appointed adjutant,
snigeon, r^imental or battalion clerk, paymaster, or quarter master of militia.
Adjutanto may
have rank as
captains, bat
not above cap-
tains of com-
panies, and
shall not be
entitled to
higher pay
than that of
adjutant.
The lieutenant
authorized to
name the colo-
nel may, with
the approba-
tion of his Ma-
jesty, appoint
a surgeon.
Pay and al-
lowance to
surgeon while
militia are
embodied.
The colonel,
with the appro-
bation of hu
Majesty, may
appoint a
quarter master^
who may have
the rank of a
subaltern, but
shall not hold
any commis-
sion.
The colonel
may appoint a
clerk.
No adjutant,
&c. to be ap-
pointed captain
of a company,
or yice yersi.
f
164
42 Geoboe ni c. 91.
A.D. 1801-2.
k' \
e-
The propor-
tions of non-
conmussioned
officers and
drummers, and
their pay.
Commandant
1 .
may appoint
a seijeant
major and
dnun major.
!*■
ik.
No publican
shall be a Ser-
.m
1. !
i
jeant, corporal,
or drummer.
4
r
r
An additional
1 ■
corporal may
be appointed
where there is
a sorpluB of
i '
1
men*
>
Commandant
1
1
may discharge
seijeantB, &fi,,
and appoint
others.
1
Extra dmm-
mers may be
kept as fifers
or mosicians,
at the expence
of the regi-
ment.
LXXVII And be it further enacted, that Serjeants, corporals, and drummeis
shall be appointed to the militia by the colonels or other commandant of each
regiment or battalion in the following proportions ; (that is to say,) when not
in actual service, there shall be one serjeant and one corporal to every thirty
private men ; and when the militia shall be drawn out into actual service, an
addition shall be made, so that there shall be one serjeant and one corporal to
every twenty private men ; and when not in actual service, there shall be one
drummer to every company, with an addition of one drummer for each flank
company of regiments or battalions consisting of five or more companies as
aforesaid ; and when the militia shall be drawn out into actual service, th^
shall be an addition of one drummer to every company so drawn out ; and
daily pay of every such serjeaat, corporal, and drummer respectively, when
in actTial service, shall be as follows ; (that is to say,) of every seijeant one .
^hilling and sixpence, of every corporal one shilling and twopence, and of
every drummer one shilling ; and such Serjeants, corporals, and drummers shall
be new doathed, when not in actual service, once in two years ;
And the colonel or other commandant of every regiment or battalion may
appoint a serjeant major, and the colonel or other commandant of every rep-
ment or battalion may also appoint a drum major; and that aU serjeanb
corporals, and drummers, having received any pay as such from any regimai
or battalion, shall be deemed to be engaged and compellable to serve in sndi
regiment or battalion until they shall be legally discharged: Provided always,
that no person who shall keep any house, of public entertainment, or who shall
sell any ale or wine or any brandy or other spirituous liquors by retail, shall
be capable of being appointed or of serving or receiving pay ea a serjeant^
corporal, or drummer in the militia : Provided always, that if it shall happen
that in any regiment or battalion there shall be a surplus of fifteen private
men or upwards, iafter the appointment of one serjeant and one corporal to
every thirty private men, such regiment, battalion, or corps shall be entitled to
have one additional corporal, when not in actual service, for such surplus
number of men«
LXXIX. And be it further enacted, that any serjeant, corporal, or drummer
may be discharged by the colonel or other commandant, and the said colonel
or other commandant may appoint any proper person in the room of every
serjeant, corporal, and drummer who shall die, desert, or be discharged ; . •
LXXX. And be it further enacted, that in case his Majesty's lieutenant for
any coimty, stewartry, city, or place, or the colonel or commandant of any
regiment or battalion of militia, shall be desirous of keeping up a greater
number of drummers than is herein directed to be employed, as fifers or
musicians for the use of any such regiment or battalion, and shall be willing to
defray the expence of such additional drummers, it shall and may be lawful
for such lieutenant or colonel or other commandant to retain in their respective
regiments or battalions any number of the dnunmers employed or to be
employed as fifers or musicians therein, over and above the number established
by this Act, or at any time hereafter to engage any additional number of
drummers to act as fifers or musicians in their respective regiments or batta-
lions ; and all such drummers so retained or in future engaged to serve in any
M). 1801-2.
42 Oeobge m. c 91.
155
f^iment or battalion as fifers or musicians shall be deemed as drummers
of militia mtiiin the meaning of this Act to all intents and purposes whatso-
eTer, and shall be subject to the same orders, regulations, penalties, and punish-
naits as other drummers of militia are by this Act subject, and shall continue
to serve as dnunmers so long as they shall receive the same pay and clothing
as other drummers have, or better clothing in lieu thereof, and no longer.
T.TYYT, And be it further enacted, that any person able and fit to serve,
bdoDig a seijeant on the establishment of Chelsea hospital at the allowance of
twehe-pence per day, or being an out-pensioner on the establishment of the
uid hospital at the allowance of five-pence a day, and being appointed to serve
as a seijeant in the militia, may and shaU receive the said allowance of twelve-
pence a day or five-pence a day respectively, together with his pay from the
aid mihtia ; and any person who shall have faithfully served as a serjeant,
eorpofal, or drummer in the militia for twenty years, and who shall be dis-
diarged on account of age or infirmity, shall, on the recommendation of the
etdcmel or other commandant of the regiment or battalion to which he belongs,
and tile lieutenant or two or more deputy lieutenants of the coimty, stewartry,
city, or place to which the said regiment or battalion belongs, or (on the death
or removal or in the absence of the said lieutenant) on the recommendation of
tiaeedonel or other commandant and three or more deputy lieutenants of such
etnBky, stewartry, city, or place^ be entitled to examination at the Chelsea
bnti,iDd be capable of being placed on the establishment of the said hospital,
ai the posion of five-pence per diem, if the said board should judge him
deserfs^ thereof!
L\X\\\ And be it further enacted, that the said militia to be raised as
a&iesaid shall be called out once in every year for the purpose of being trained
and exercised for the space of twenty-one days ; and in every county, stewartry,
dty, or place in which it shall have been appointed that the whole of such
miKtia shall not be trained or exercised at the same time, then the respective
parts thereof shall be trained and exercised successively, until the whole of
the men serving for such county, stewartry, ciiy, or place shall have been
trained and exercised for the space of tweniy-one days ; and that for the pur-
pose aforesaid the men serving for such couniy, stewartry, city, or place shall
be eaJled out tcf be so tnuned and exercised in such maimer, ajid in such pro-
portions, at such tune or times and place or places in snch county or stewartry
as shall be appointed,
LXXXm Provided always, and be it enacted, that whensoever any
regiment or batt^on to be raised under this Act shall have been disembodied
aa herein-after directed, it shall and may be lawful for Im Majesty to order
and direct that sadi regiment or battalion shall not be trained and exercised
in manner as is herein-after directed for the space of twelve calendar months,
to be calculated fincnn the day on which it shall have been so dij^embodied, or
for such number of months, not exceeding twelve months, as his Majesty diall
think fit
LXXXIY. And be it farther enacted, that during such time bh any militia
shall be assembled for the purpose of bdng trained and exercised^ all the
danses^ proviAaos, matters, and things contained in any Act of TaiUatDt^
whidi shall then be in tone for the pmiiwhing nrattny and d^:sertion, and for
the better payment of the acn^ and thdr qoarters, and in the Articles of War
Seijeanii and
ont-pensioiien
of Chelsea
flerving as
seijeanto of
militia may
receive their
hospital allow-
ance with tbdr
pay.
Serjeants, &c.,
having served
20 yeazB in the
mihtia, may
receive the
Chelsea pen-
Bion«
IGlitia of eveiy
ooon^shallbe
exercised 21
days annually,
and shall be
called out for
that purpose,
attbe
same time or
successively, at
such times and
places as shaU
be appointed.
IflByftBB'-
(AaUhaTv
bodied Us Mi.
festy may Older
It not to be
tratnadfor
twelve
Duriflf te
ActaadAfffi.
ckaofWar
shall cxtead 19
p*
166
42 George III. c. 91.
A.D. 1801-2.
S
IT
»t
but no punish-
ment shall
extend to life
or limb.
Begimental
conns martial
for offences
committed
during exercise.
Regulations for
sending notice
of the times
and places of
exercise.
Subdivision
meetings shall
issue orders for
calling out the
men.
Notices to be
affixed on the
church doors,
which shall be
sufficient
notice.
made in pursuance of such Act, shall be in force with respect to such militia,
and to all the officers, non-commissioned officers, drummers, and private men
of the same, in all cases whatsoever, but so that no punishment shall extend
to life or limb ; and that it shall be lawful for the officer commanding and
present with any detachment or division of militia called out to exercise mider
any of the provisions of this Act, not being under the rank of captain, to order,
when he shall think it necessary, a regimental court martial to be held for the
trial of any offence committed by any serjeant, drummer, corporal, or private
man under and during his conmiand ; and if a sufficient number of officers
shaU not be present to constitute such court martial, it shall be lawful for the
commanding officer of the regiment or battalion of militia to which any such
detachment or division of militia shaU belong, and he is hereby required, upon
application made to him by the officer commanding such detachment or diviaon
for that purpose, to order a sufficient number of officers of proper rank to
attend for the purpose of assisting at such court martial, who shall foriihwitii
attend the same, and assist as members thereof; and the sentence of every
such court martial shall in every case be submitted to the colonel or other com-
mandant of the regiment or battalion to which such detachment or diviaoD
shall belong, or (in his absence from the county, stewartry, city, or place) to
the senior field officer within the same, for his approval thereof, who sbl
cause such sentence to be put in execution, mitigated, or remitted, as he shaU
in his discretion think best for the service.
LXXXV. And be it further enacted, that notice of the times and places of
exercise of the militia men to be raised by virtue of this Act shall be sent as
follows ; (videlicet,) where a county of itself forms a battalion, the notice shall
be sent by order of the general meetings of lieutenancy of such county, by the
clerk of the general meetings, to the clerk of the several subdivision meetings
in such county ; and where two or more coimties, stewartries, cities, or places
compose a battalion, the notice shall be sent by order of the general meetingB
of lieutenancy of the coimty, stewartry, city, or place composing the greatest
nimiber of such regiment or battalion, not only to the clerk of the several sab-
division meetings in such county, but also to the clerk of the general meetings
of the other coimty, stewartry, city, or place, or counties, stewartries, cities, or
places composing such battalion, who shall again send notice to the clerk of
the several subdivision meetings in such county, stewartry, city, or place, or
counties, stewartries, cities, and. places xespectively.; and the said deputy
lieutenants, at some subdivision meeting to be held for carrying this Act into
execution after the receipt of the said notices, shall cause the men serving for
such subdivision to be called out in such order and course as shall have beea
notified by the clerk of the general meetings as aforesaid, and for that purpose
shall issue orders to the chief constables or other officers of the several
counties, stewartries, cities, and places respectively, and to the schoolmasters,
constables, and other officers within their respective parishes or other divisions,
which schoolmasters, constables, and other officers shall cause such notice as
aforesaid to be affixed on the door of the churches or chapels belonging to
their respective parishes or places, or (if any place shall have no church or
chapel belonging thereto) on the door of the church or chapel of some parish
or place thereunto adjoining, which notice shall be deemed a sufficient notice
to every person inroUed by virtue^ of this Act, notwithstanding any omission
ID. 1801-2.
42 Geobge III. c. 91.
167
in the deHveiy of written notices in manner herein-after directed ; and such
eoDBtaUes and other officers are hereby required also to give notice in writing
(0 the aevend militia men who shall be called out to be trained and exercised
tt mA times and places respectively, by serving them personally or by leaving
Uie sune at their osual place of abode, to attend at the time and place men-
tioned in SQch order ; and all such militia men shall duly attend at the time
and fdaee of exercise according to such notices respectively.
LXXXVI. And be it further enacted, that the clerks of the several sub-
division meetings in every county, stewarti}"^ ciiy, or place shall, within the
spaee often days after the receipt of such notices as aforesaid from the clerks
of the general meetings, cause a full and true list, specifying the name and
date of the iniolment of all the persons inrolled (within each subdivision
mpectively) to serve in such militia, and the time and place of exercise, to be
tmsmitted to the commanding officer of the regiment or battalion of militia
for wfaidi such persons have been inrolled by virtue of this Act, or to such
fcnoQ as shall be i^pointed by such commanding officer to receive the same ;
and fihsll in like manner cause a duplicate of such list to be transmitted to t^e
i^vtai of the said regiment or battalion, and in every case where there is no
adjvtanty to the major or capt/ia commandant of such corpsi
IJUULVIL AsD be it further enacted, that the pay of every person inrolled
\a wn^ in the militia of any county, stewartry, city, or place, when not em-
VdiiadL called out into actual service, and who shall be called out for the
popostf being trained and exercised as aforesaid, shall conuneooe upon the
dfraitich such person shall join the regiment or battalion or detadiment
ar&iskii to which he shall belong, and not before : Provided always, that if
SKipoaan shall have been prevented joining such regiment or battalion or
dftriinent or division by siduieas or other sufficient eaoae, atyi shall prrAveff
to the eoDonanding officer thereof a satiActcgy certificate of sudi fAckntm or
other nffident cause, it ^lall be lawful for the commanding officer of snefa
itpiaaA or battalion or deiadiment or division and he is hereby required Up
&ect an aDowanee of pay to be made to the person so prevent^ aeeording to
the time mentioned in soch certincate as a£ jruaidL
LXXXYin. Provided alao, and he it farther enacted, that every man of
the said militia coming from a trm^ierzhle dl^tance^ wijo hladl appear at t}»«
plaee or places to be appointed f >r exerdse, shall be entitled to an aTl^ywaM^rf;
after the rate of one rf-.i^ing pgr &^m fjr cact^ 'lay nece»AanIy sp^r^t Iri eocbln^
tnm the parish or ptaee f'jr wiikh he «LaIl aerre to tt^ \X2u0t or plaeea Up \^
•ppniiited fior exerase. aiki ^LaZ fn like maimier be eLzlzl^ to a i«{r/.IIar ar*.oW'
anee of one A?:.fng per dfem £:r cai^L day ci^^eesMffy to tenahle Llrn t/> f<^,or7i
to the parish cr p^ace 5:r wtfca. Le v^Z %^rr^ afv^r tbt 4*7% aj^ir-v^ P;r
ConftablM to
give written
noticei to tlio
mtn to slt«nd«
CleriM of fttb-
diriiioo meet^
ingitoiesd
liste of the mea
eorolledy and
the ttsMMid
pkiee ofesxT'
eiie, tothe
eondBfladiog
BeifokilSoM
tos^of
euledool
out to
are over, to te caZ«*T£a£«^ at ziX Lsas nEa& U^ ^'.'.^■a p<T day^ w>^. t^««
of har^irog 'iar* : acii wL^r* frai. Etl.>>Ia icj^u kukA V55ai»i'v» t/p
hy ¥» fx at K^\f'X. Urrj ^^ t^rr'j^ in
fbr wfcieh frpriffP a cercnease viaZ r/t 2: ?*a v. ^ry^ry *r^x u\.,.%x r.-.swv ^4 tr^
wx^^^^^ of day* and 1 ?iui amf.ims ',< vj^ uusifi^/^. xwx^ icr »:,>4v ^fv^Tt ;ki-
lowsnee ihiTf be mat^ v> l!in. miit^ zJr^ m£j^^ %i \if'p /vr tc^,^*:^ ^4 v»^. "V^*^,/
fif the paziaa or iiT>u->n v, -itu^h wiv *,.,*i* Vi^'*^?*, w;%^i;»
tar
168
42 Geobge III a 91.
A.D. 1801-2.
I*
li
'»
Ifilitiamen
fidliog sick on
the march may
be relieyed by
warrant of a
justice, and the
expenoe shall
be reimbursed
by the collector
of the land
tax.
JoBtioes, &c.
may billet the
militia when
called out to
annual exer-
cise, and, when
not called oat,
may order
quarters for
&e non-com-
missioned offi-
cers and drum-
mers*
Justices may
aidinprovitog
carnages and
horses for con-
Tcyingthe
anns, &c. of
the inilitia on
its march as for
his Majesty's
forces.
Militiamen,
when called
oat to exercise,
may be put
certificate shall be produced by such militia man to the d^k of the BabdiYisi(m
meetings in whose district the said militia man hath his abode, who shaS
thereupon pay to such militia man the allowance specified in such certificate ;
and upon sudi certificate being produced to the collector of the land tax of the
coimty, stewartry, city, or place to which such militia man belongs, the said
collector shall reimburse the derk of the subdivision meeting who has paid
the same for the amount of the allowances specified in such certificate ; and
all such sums so paid by such collector shall be allowed in his accounts.
LXXXIX. And be it Airther enacted, that in case any militia man shall, cm
his march to the place where he shall be ordered to attend for the anniul
exercise, be disabled by sickness or otherwise, it shall be lawful for any one
justice of the peace of the county, stewartry, city, or place where such num
shall then be, by warrant under his hand to order him such relief as such
justice shall think reasonable ; and upon such warrant being produced to the
collector of the land tax of the county, stewartry, city, or place within wliich
such militia, man shall then be, he shall pay all such expences as shall be
incurred pursuant to such warrant, upon an account thereof to be certified
under the hand of such justice of the peace, and all such sums so paid by any
such collector shall be allowed in his accounts.
XC. And be it further enacted, that it shall be lawful for all justices of ik
peace and magistrates of cities, towns, and places, and they and each of them
are and is respectively hereby required, to quarter and billet the officers, nonr
commissioned officers, drummers, and private men serving in the militia^ at the
times when they shall be called out to annual exercise, in the same way and
manner as his Majesty's regular forces are so furnished and provided in that
part of Great Britain called Scotland, upon application made to any such justices
of the peace or magistrates by his Majesty's lieutenant, or by the colonel or
other commanding officer of the regiment or battalion of militia so called out
to exercise as aforesaid, or of any division or detachment thereof ; and whea
the militia is not embodied nor called out to exercise as aforesaid, all justices
of the peace and magistrates aforesaid may and they and each of them are and
is hereby respectively required to order and provide convenient quarters in
such manner as aforesaid for the Serjeants, corporals, and drummers of the
militia.
XCI. And. be it further enacted, that when the militia shall be called out
to be trained and exercised, any justice of the peace of any coimty, stewartry,
city, or place, being thereunto required by an order from the lieutenant or from
any deputy lieutenant of such coimty, stewartry, city, or place, or from the
colonel or other commanding officer of any regiment or battalion, detachment
or division of militia, being within such county, stewartry, city, or place, may
and shall be aiding and assisting in the providing of carriages and horses to
convey the arms, dothes, accoutrements, ammunition, and other stores of such
militia, and shall do every thing necessary in that behalf, in the same manner
as justices of the peace in Scotland do for the purpose of providing carriages
and horses to convey the arms, clothes, accoutrements, ammunition, and other
stores of his Majesty's forces upon their march.
XCII. And be it further enacted, that when any regiment or battalion of
militia, or any detachment or division thereof as aforesaid, shall be assembled
for the purpose of being trained and exercised, it shall be lawful for the captain
1
JLI>. 1801-2.
42 George IIL a 91.
159
or eonunandii^ affie^r of eveiy company to put the militia men of his com-
pany under stoppages, not exceeding four-pence per day, for the purpose of
|iitividing them with linen and also with other necessaries, and for defraying
the expenee of repairing any arms which shall have been broken or damaged
b]r my such mililaa man's neglect : Provided always, that every such captain
or eonunanding officer shall account with each militia man for such stoppages,
and after having deducted what shall have been laid out and paid for
neeesBaries and for repairing the arms as aforesaid, shall pay the sum re-
maining Q£ any there shall be) into the hands of the mihtia man to whom the
nine bdongs, before such militia man shall be dismissed from such training
and exerase.
XCnL Aia> be it farther enacted, that the colonel or other commanding
(Acer of every r^ment or battalion of militia^ as often as his raiment or
InfctaHon shall be called out to exercise as before directed, and within fourteen
dajB fiom the time of assembling, shall and he is hereby required to return to
ttelientenant of the county, stewartry^ city, or place to which the same belongs,
aririiere two or more counties, stewartries, cities, or places are joined together
to form a regiment or battalion, to the lieutenant of the county^ stewartry, city,
or ^hoe furnishing the greatest niunber of men to such regiment or battalion,
atnie state of sudii raiment or battalion, and a duplicate thereof to the derk
to \l)e general meetings, to be preserved among the proceedings thereof; and
yitmmj such regiment or battalion shall be so ordered to be trained and
eieroBelin parts or proportions successively in manner directed by this Act,
tile dber commanding every such part or proportion for the time being shall,
w^ seven days after the assembling of such part or proportion, make a
nUDBof the state of the militia ex^xased by him or under his command to
t&edoiel or commanding officer of the raiment or battalion to which the
oiKtia 80 exercised shall belong, on pain of forfeiting twenty pounds for every
sod onussion ; and the colonel or commanding officer receiving such returns
aUl, within fourteen days after aQ the returns of men belonging to his regi-
Bient or battalion, who shall have been so assembled, shall have been received
b]r him, transmit a general return to the lieutenant of the county, stewartry,
QfyyOr {dace to which such militia shall belong, or where two or more counties,
cities, or places are joined together to form a r^ment or battalion, to the
^BenteDant of the county, stewartry, city, or place furnishing the greatest nam-
l>er of men to such regiment or battalion, and a duplicate thereof to the derk
of the general meetings^ to be preserved among the proceedings thereof ; and
in case any officer shall refuse or n^lect for three months after the time herein
^ffoioM for making such returns so to do, he shall for eveary such offence
forfeit and pay the sum of fifty pounds.
XCTf. AsD be it fintber enacted, tJiat the captain or commanding officer of
ereiy company of militia called out to exercise under this Act ahall^ during the
time of such exerdse, make out a correct and accurate return of the state of
thedasses of the men belonging to his company, arranged according to the form
in ihe schedule to this Act annexed marked fF.), spedfying the several par-
tieiilars therein mentioned, and the subdivision to which every such man shall
belong, and shaD deliver or traiLsmit the same to the adjutant of the regiment
or battalion, or, where there shall be no adjutant, to the commanrling officer of
the regiment or battalion to which such company shall belong ; and such ad«
under stop-
pages for pro-
yi£xigtheoi
withHnen, &C.
Returns of tiie
militia, when
called out to
exercise, to be
made bjdie
colonel, &C.
Gaptttosof
eoiBpanies
shall make out
a fetufD n tte
form in tthe"
dole OP.) lor
ib€9diatMot,or
when wme for
tbo commaBdo
in^ ofteer, wlio
sImJI makcovt
ageacral re-
tnuUftaA tvana-
gi,^.;r.-
• V '
f'j;
i'i ■ »
.
■ .
-f
•
i
mit the same
:
to the clerk of
•H
the general
*
meetings, &c
1
• *
•
1 •'
CHerk to the
'y ■'
^eral meet-
* .1
r
ings shall
transmit to
4
the secretary
•
of state an
*
abstract of re-
tnms in the
i
form in sche-
."
dule (G.)
Penalty for
1-
neglecting to
»
make returns.
'j ^
Men not ap-
<
pearing at the
% -
time and place
" ~
of exercise
k
shall be deemed
>-
.*
deserters, and
''f •
such men and
I-
men absenting
>
themselves
4
during that
X
time, if not
• •
taken till after-
•
wards, shall
^
forfeit 10/. or
'■'. ■
be committed
for six months.
160
42 Qeoege III. c. 91.
i-D. 180W.
If men absent
themselves, and
do not return,
or are not
taken within
three months,
others shall be
balloUed for.
Whenever such
men return
or are taken,
they shall be
compelled to
serve.
jutant or commanding officer (as the case may be) shall, within one month
after every such exercise as aforesaid, prepare and make out a general and
accurate return of all such classes, according to such form and with sudi speci-
fication as aforesaid, and shall transmit the same to the derk of the general
meetings, and shall also transmit to the clerks of the subdivision meetings
within the county, stewartry, city, or place to the militia of which he shall
belong, extracts of such return, containing the state of the classes of the men
belonging to their respective subdivisions ; and such subdivision clerks shall
forthwith correct the books of inrolment of their respective subdivisions so as
to correspond accurately with such return ; and the clerk to the general meet-
ings shaU forthwith upon receipt of such returns as aforesaid, and within two
months after the expiration of such exercise as aforesaid, make out and trans-
mit to one of his Majesty's principal secretaries of state correct abstracts of all
such returns as aforesaid, made out in the form in the schedule marked (G.) to
this Act annexed ; and every person so required as aforesaid to make any such
return, who shall refuse or neglect to make the same in manner aforesaid, at
the period hereby required for that purpose, shall for every such offence forfeit
and pay the sum of fifty pounds.
XCV. And be it farther' enacted, that every militia man (not labouring
under any infirmity incapacitating him) who shall not appear at the time afid
place appointed for his being exercised according to the directions of this Act
(notice having been published and given as by this Act required) shall be
deemed a deserter, and if not taken until after the time of any such exercise
shall forfeit and pay the sum of ten pounds ; and also every militia man who
having joined the regiment or battalion to which he belongs, or any company
or companies or detachment or division thereof, shall desert or absent himself
during the time of any such exercise, and shall not be taken until after the
time of such exercise, shall forfeit and pay the sum of ten pounds ; and if
such penalty shall not be immediately paid, the justice of the peace before
whom any militia man shall be convicted of any such offence shall commit
such militia man to l^he house of correction to hard labour, or to the common
gaol, there to remain without bail or mainprize for the space of six months,
or imtil he shall have paid the said penalty, without any mitigation what-
soever.
XCVL And be it further enacted, that in case any militia man shall desert*
or absent himself from his duty, and shall not return and voluntarily surrender
himself to the adjutant or other officer, conmiissioned or non-commissioned,
commanding at the city, town, or place where the arms of the regiment or
battalion to which he shall belong shall be deposited, or shall not be taken
within the space of three months from the time of his so deserting or absent-
iDg himself^ then upon certificate thereof from the commanding officer of the
regiment or battalion to which he belonged to the deputy lieutenants at any
of their meetings for the subdivision for which such militia man was inroUed,
such deputy lieutenants, or any two or more of them, are hereby required to
hold a subdivision meeting, and to proceed to ballot for another person to
serve and be returned to such regiment or battalion in the room of such militia
man ; and in case such militia man shall at any time thereafter return or be
taken, he shall, notwithstanding any person shall have been chosen in his
room, be compelled to serve in the same manner and for the same term (the
k
iD. 1801-2.
42 Geoboe III. c 91.
161
wd torn to recommenoe from the day on which he shall have returned or
kve been taken) as if no person had been so chosen in his room.
ICYEL AiTD be it inrther enacted, that all mnskets delivered for the service
of tbe militia shall be marked distinctly in some visible place with the letter
0L\ and the name of the comity, stewartiy, city, xyr place to which they
beloi^; and in case any militia man shall sell, pawn, or lose any of his arms,
clothes, aeooutrements, or ammunition, or n^lect or refuse to return the same
in good order to his captain, or to the person appointed to receive the same,
every sodi militia man shall for every such offence forfeit and pay a sum not
exceeding three pounds, and if such militia man shall not immediately pay
soeh penalty, the justice of the peace before whom he shall be convicted shall
emimit him to the house of correction, to be kept to hard labour, for any time
not exceeding three months, or until he shall have paid the said penalty.
ICVIII. And be it further enacted, that if any person shall knowingly and
wilfuUf buy, take in exchange, conceal, or otherwise receive any militia arms,
doOics, or accoutremente, or any such articles belonging to any militia man s»
ne goioally deemed regimental necessaries according to the custom of the
mny, bemg provided for the militia man and paid for by deductions out of
his jsjj or any public stores or ammunition whatever delivered for the militia^
tpA any account or pretence whatsoever, contrary to the true intent and
■euB&g of this Act, the jierson so offending shall forfeit and pay for every
nkAnoe the sum of ten pounds; and if such offender shall not imme-
iitiT)iy sodi penalty, and shall not have sufficient goods and effect*
vioMito levy sodii poialty, the justice before whom he or she shall be, eon-
vietaJskll commit him or her to the commcoi gaol, there to remain without
UJormainjffize for the space of six months, until he or she shall have pai/1
the sad fine, or shall cause such offieiider to be publicly or privately whipped,
^ tbe discretion of sodi jusdoe.
ICDL AiTD be it farther enacted, that every serjeant major, serjeant, cor-
ponl, dram major, and drummer of the militia shall be at all times subject to
uy Act ^diicfa shall be in force for punishing mutiny and desertion, and for
tbe better payment of the anny and their quarters, and to the Artic]«8 of War,
Older the command of the eokoel or other econmandant of the regiment or
bttUlion to which he belongs ; and it shall be lawful f>r the CfAoi^l or oth^/r
commandant of any regiment or battalion of militia to timet tfa^ holding of
coorts martial, as heran-afler directed, for tbe trial of any Serjeant m^y/r^
sefjetni, cotpoml, dram major, or druxmer of such nrgiment '>r y^^VjAifm^ }/y
^ther a general or regim^ental eo^irt martL-J, P^ ar,y offence agaij»t th*^ naid
Act or Articles of War tommiir^ doriLj tl*e tim-e? *»jch regir/j*:Tjt f/r battel >/fi
sbaB not be embodied, and f:r tL^ trial of any ^eryaan, ryvrj^yraJ, 'imws.^r, or
private man of socfa re^iiLKSt or baitali'.n ibK'^ *}a:1 have ^^^len^i '^:.»,h U,*-.
said r^;iment or battai>:4i was *rai?»ii^, arjd ^hali wA Lav^ \fh^i Ar^/prf:h^tfM
till after it sliall hav* baan di*f=5r-V/il'f:d, r/:;t v> u,2A Wf |/»;r/l<K'/;^.T*-t A^*\
extend to the los of life or li^l,
C. AsD be It fnixhet ec^eSrvi. t:-swt if a ^'.fEr^T.t nr.sf/r^ir ^f oriP>;:^?r* V/ f.rr($
a court martial cam>:« '•:« f-JL>i. h >?j4.-. *^ A^i'^, fvr u^ c^^/rt,^,. or f,*/.'t
commandant, and in Li§ ^'a/^z^:^, i\x \cj^ v^r^ivr i>,y* '/ff.'j^ *X U^ t-'/^t:.^,^.*, */r
oattalion to whiek \b^ y^rh.tL x^ »?..x'. *.>',r. ^,,r. u,>^t\\^ \k U, >/^ t/A A,9t^,
belong, to oider any :i3oer4 -i vrjrx^ r>i^;;;>^t or ^Af^A^^^it v:f/>A»,/ f ,<,'x<^,t
VOL. IV. ' U
Motketftobe
marked, and if
men sell or
lose their anas,
&c.y or neglect ,
to return tbem
in good order,
thej shall for-
feit not exceed-
ing 8/, or be
committed for
not ezoeediog
three monthi*.
Penahf for
baying militia
«lttilbeatan
to Mmttttj Attf
AU!L, MtA UHMJ
IS Uf^ *» Vyl^i
4fe^^a*dfr.yaUr
t^iu^ ****aa^'
mn-
162
42 Qeoroe III. c. 91.
A.D. 1801-2.
r
I.-
h
¥■
r
miles, to assist
as members of
the court.
Sentence not
to be put into
execution till
confirmed by
commandant.
Non-conpnis^
sioned officers
i
within the town where such Serjeant major, seijeant, corporal, dram major, or
drummer is to be tried, or within ten miles thereof, to attend and asfflst as
members of such court martial, who shall thereupon attend at the time re-
quired and assist accordingly, but no officer shall be entitled to receive pay
for any such attendance : Provided always, that no sentence of any court
martial held as aforesaid on any serjeant major, serjeant, corporal, drum major,
6t drummer, or private man as aforesaid shall be put in execution until it
shall have been confirmed by the colonel or other commandant, or by the field
officer by whose order such court martial was assembled.
CI. And be it further enacted, that any serjeant, corporal, or drummer of
may be reduced the miHtia may by sentence of a court martial be reduced to the condition of
to privates for g^ private militia man, to serve as such during any time not exceeding fifteen
a certain period, ■■• , ° •' ^
and if not then months, in case the regiment or battalion to which he belongs shall not be
shaJl be 'dis^ then embodied or called out into actual service ; and in case the regiment or
charged. battalion to which he belongs shall be then embodied or called out into actoAl
service, to serve as aforesaid until the disembodying of the said regiment or
battalion ; after which time or at the end of the said fifteen months, as the
case may be, if not regularly reappointed to the rank of a non-commissioned
officer or drununer, he shaU b^ discharged from the service.
CII. And be it further enacted, that the' arms, accoutrements, clothing, and
other stores belonging to every regiment or battalion of militia, when not
ant shaU direct, embodied, shaU be kept in such convenient place as the colonel or other com-
mandant shall direct, with the approbation of his Majesty, signified by one of
his principal secretaries of state.
Arms, &c. to
be kept where
the command-
I
i
P
Method of pro- CIV. And be it further enacted, that if any militia man shall not join the
Lformat^n^ regiment or battalion, detachment or division to which he belongs at the time
received of the of annual exercise, or shall desert during the time of annual exercise and shall
militiaman ^^^ ^ apprehended before the expiration of the time appointed for such
who has not exercise, and if the commanding officer or the adjutant of such regiment or
annual exercise, battalion, or the commanding officer of the company, detachment, or division to
or has deserted ^bich such offender belongs, shall receive information of the place where he shall
has not been be or reside, any such commanding officer or adjutant may, by writing under his
apprehended, hand, describe the person of such offender, and also certify that he did not join
the regiment or battqJion^ detachment or division at the time of annual exerpise,
or that he deserted during the time of annual exercise (as the case may be), and
send the same by a serjeant, corporal, or drummer of such regiment or battahon
to the adjutant or serjeant major of the raiment or battalion, or to the senior
serjeant when there is no adjutant or serjeant major of the regiment or
battalion, or detachment or division thereof, of the county, stewartry, city, or
place wherein such offender is supposed to be or reside ; and the adjutant,
serjeant major, or senior serjeant to whom such certificate shall be sent shall
forthwith direct a party of the Serjeants, corporals, or drunmiers of the regiment
or battalion to which he belongs to assist in the apprehending such offender,
and in conveying him before some justice of the peace of the county, stewartry,
city, or division wherein such offender shall be apprehended ; and if by his
confession, or the testimony of any witness or witnesses upon oath, or the
knowledge of such justice, it shall appear or be found that such person is
guilty of such offencfe, such adjutant, serjeant major, or senior serjeant as
AJ). 1801-2.
42 Geoboe III. c. 91.
163
aforescdd shall order a party of the seijeants, corporals, and drummers under
Ub eonunand to convey such offender to the head quarters of the regiment or
battalion of militia of the next county, stewartry, city^ or place in the way to
the ooonty, stewartry, city, or place to which sudi offender belongs, and
ddiver him into the custody of the adjutant or Serjeant major of such regiment
or battalion, or senior seijeant as aforesaid, who shall cause him to be conveyed
in like manner to the adjutant or serjeant major of the regiment or battalion,
or senior seijeant of the regiment or battalion of the next county, stewartry,
ofy, or place, and so in like manner until such offender shall be delivered into
the custody of the adjutant or serjeant major of the regiment or battalion or
senior serjeant as aforesaid of the corps to which he belongs, who shall take
Urn before a justice of the peace to be dealt with as this Act directs in cases
of militia men deserting or absenting themselves from their duty when not
embodied or called out into actxial service ; and from the time of his being so
tpprehended as aforesaid until he is brought before such justice of the peace
» aforesaid, such offender shall be subsisted at the rate of sixpence per day
from the pubUc monies in the hands of the collector of the land tax of the
coonty, stewartry, city, or place to which such regiment or battalion belongs,
tor which subsistence such justice is hereby required to make such order upon
wh eoUector, who shall be allowed the same in his accounts ; and if any
Boqeuit, corporal, or drummer shall desert from the regiment or battalion to
lAohk belongs, it shall be lawful for any constable or other officer of the
tovB or place where any person who may be reasonably suspected to be such
isaier shall be found to cause such person to be apprehended and taken
Wre any justice of the peace living in or near to such town or place, who is
Wijr empowered to examine such suspected person ; and if by his confession,
ff the testimony of any witness or witnesses upon oath, or by the knowledge
of such justice, it shall appear or be found that such suspected person is such
faerter, such justice shall forthwith cause him to be conveyed to the common
giol of the county or place where he shall be found, or the house of correction
or other public prison in the town or place in or near to which such deserter
shall be apprehended, there to remain until he shall be demanded by some
perBoa or persons authorized to receive him as herein-after directed, and shall
transmit an account thereof to the clerk of the general meetings of the county,
stewartry, city, or place to which such deserter belongs ; and the keeper of
Bodi gaol, house of correction, or prison shall receive the fiiU subsistence of
mch deserter at the rate above specified for his maintenance during the time
he sball continue in his custody, but shall not be entitled to any fee or reward
on aooount of his imprisonment ; and such clerk of the general meetings
reoeiving such account shall immediately transmit a copy thereof to the
colonel or commanding officer of the regiment or battalion of his coxmty,
stewartry, dty, or place, and also to the adjutant or other officer commanding
tbe serje^nts^ corporals, and drummers of such regiments or battalions ; and
the colonel or commanding officer of the regiment or battalion to which such
deserter shall be found to belong, or the adjutant or officer commanding the
Berjeants, corporals, and drummers of such regiment or battalion, shall and he
IS hereby required immediately on 'receiving such copy as aforesaid to send
sfiy serjeant, corporal, or drummer, or any party of the Serjeants, corporals, or
drummers of bis regiment or battalion to the place where such deserter shall
h 2
Method of pro-
ceeding where
persons are
found suspected
to be non-com-
missioned '
officers or
drmnmers who
haye deserted.
Gaolers tore-
ceiye the sub-
sistence of de-
serters while
confined, but
no fee.
7*"
1
164
42 George III. c. 91.
A.D. 1801-2.
T*'.
I*.
A
I <•
Gaolers to re-
ceive and con-
fine deserters
on penalty of
20f.
Seijeants, &c.
oonTeying de-
serters, or on
any march,
shall be billet-
ted as Serjeants,
&c. of the other
forces when bo
employed.
Person appre-
hending a de-
serter to be
paid 200. by
warrant of the
justice before
whom the de-
serter is con-
Ticted.
Penalty on
concealing or
assisting de-
serters.
be SO confiaed, and shall also send by such serj'eant, corporal^ or drummer, or
the Serjeant commanding such party of Serjeants, corporals, or drummers, an
order under his hand to the keeper of the said gaol, house of correction, or
prison, requiring him to deUver such deserter to the person or persons therein
named, which he is hereby required to do ; and the Serjeant, corporal, or drum-
mer to whom such deserter shall be so ordered to be delivered, in case one only
shall be sent on such duty, shall apply to the adjutant or serjeant major of the
regiment or battalion or to the senior serjeant of the corps of the county,
stewartry, city, or place where such deserter shall be so confined as aforesaid,
and such adjutant, serjeant major, or serjeant shall order a sufficient party of
the Serjeants, corporals, or drummers under his command to assist in convey-
ing such deserter, and he shall be conveyed to the adjutant or serjeant major of
the regiment or battalion or senior serjeant of the corps to which he belongs,
in the same manner as before directed with respect to the conveying of private
militia men to the adjutant or serjeant major of the regiment or battalion, or
senior serjeant of the corps to which they belong ; and such adjutant or ser-
jeant major or serjeant shall take such deserter before a justice of the peace
of the county, stewartry, city,, or place to which he belongs^ who shall forth-
with cause him to be conveyed to the common gaol, house of correction, or
other public prison of such county, stewartry, city, or place, where he shall
remain without bail or mainprize until a court martial can and shall be sum*
moned and held for the trial of such deserters, according to the provisions of
this Act, when he shall be delivered to the person or persons named in any
order to be issued for that purpose under the hand of tl^e officer by "whose
authority such court martial shall be summoned requiring Xhe delivery of such
deserter ; and all gaolers and keepers of prisons shall (if required so to do by
any serjeant or corporal or drummer employed in conveying any such militia
man, or serjeant, corporal, or drummer so offending to the regiment or bat-
talion to which he belongs) receive into their custody and confine such offender
for such time as they shall be respectively so required as aforesaid, not exceed-
ing twenty-four hours ; and every such gaoler or keeper of any prison who
shall refuse so to do shall forfeit the sum of twenty shillings ; and all such
Serjeants, corporals, and drummers while they are employed in executing such
duty as aforesaid, and all other Serjeants, corporals, and drummers of the
militia while on any march or employed in any duty upon which they may be
commanded by any legal authority, shall be billetted in like manner as Serjeants,
corporals, or drummers belonging to his Majesty's other forces employed in
apprehending and conveying deserters are to be billetted.
CV. And be it further enacted, that the justice of the peace before whom
any deserter shall be convicted shall and may issue his warrant to the derk of
the regiment or battalion to which such deserter shall belong, or (where there
is no clerk) to the commanding officer, requiring such clerk or such command^
ing officer to pay out of such regiment or battalion the sum of twenty shillings
to the person who shall have apprehended such deserter, and such clerk or
commanding officer is hereby authorized and required to pay the same
accordingly on demand.
CVI. And be it further enacted, that if any person shall harbour, conceal,
or assist any deserter, knowing him to be such, the person so offending shall
forfeit for every such offence the sum of five pounds.
AJ). 1801-.2.
42 George III. c. 91.
165
CVII; And be it further enacted, that in all cases of actual invasion, or
upon imminent danger thereof, and in all cases of rebellion or insurrection, it
shall be lawful for his Majesty (the occasion being first communicated to Par-
liament, if the Parliament shall be then sitting, or declared in council and
notified by proclamation if no Parliament shall be then sitting or in being) to
order and direct the lieutenants of the said several counties, stewartries, cities,
and places, or, on the death or removal or in the absence from their respective
counties, stewartries, cities, or places of any of them, then any three or more
deputy lieutenants, with all convenient speed, to draw out and embody all the
Rgiments or battalions of militia within their respective counties, stewartries,
dties, and places herein-before appointed to be raised and trained, or so many
of them, or such part or proportion of them or any of them, as his Majesty
shall in his wisdom judge necessary, and in such manner as shall be best
adapted to the circumstances of the danger, and to put the said forces under
the command of such general officers as his Majesty shall be pleased to appoint,
and to direct the said forces to be led by their respective officers into any parts
of Great Britain for the repelling and prevention of any invasion^ and for the
Boppression of any rebellion or insurrection within Great Britain ; and from
the time of any regiment or battalion of militia being drawn out and embodied
tt ifcresaid, and until the same shall be returned again to its own county,
stewatry, city, or place, and disembodied by his Majesty's order, the officers,
non-einaEdssioned officers, drummers, and private men of every such regiment
orhtUGon shall be subject to all the provisions contained in any Act of Par-
fiuwi which shall be then in force for the punishing mutiny and desertion,
*»f for the better payment of the army and their quarters, and the Articles
cfV^m&de in pursuance thereof; and all the provisions contained in every
soA Act and the Articles of War shall be in force with respect to the militia,
and shall extend to all the officers, non-commissioned officers, drummers, and
jaiTate men of the militia while embodied as aforesaid in all cases whatsoever.
dX And be it further enacted, that whenever his Majesty shall cause the
militia to be drawn out and embodied as aforesaid, if the Parliament shall
then be separated by such adjournment or prorogation as will not expire
within fourteen days, his Majesty may and shall issue a proclamation for the
meeting of the Parliament within fourteen days ; and the Parliament shall
accordingly meet and sit upon such day as shall be appointed by such pro-
damation, and continue to sit and act in like manner to all intents and
purpoees as if it had stood adjourned or prorogued to the same day.
CSL And be it further enacted, that the lieutenant of every county,
stewartry, city, and place, or (on the death or removal of any such lieutenant,
or in his absence from his county, stewartry, city, or place,) any three or more
deputy lieutenants, to whom any order from his Majesty for drawing out and
embodying the whole of the militia of ^such county, stewartry, city, or place
shaU be directed, shall forthwith issue his or their order to the chief constables
or other officers of the several divisions within their respective counties,
tiewartries, cities, and places, with directions to forward the same immediately
(o the constables or other officers of the several parishes and places within
their respective divisions; and such constables or other officers are hereby
required, upon receipt thereof, forthwith to cause notice in writing to be
In cases of
actual invasion,
rebellion, &c.,
his Migesty
may oi^er the
militia to be
embodied, and
put under the
command of
general officers,
SiC,, and led by
their respec-
tive officers
into any part of
Great Britain.
While so em-
bodied, they
shall be sul^ect
to the Mutiny
Act and
Articles of
War.
When his
Migesty shaU
order the mili-
tia to be em-
bodied he shall
issue a procla-
mation for the
meeting of Far*
liament.
When the milir
ttais ordered
out, the lieu-
tenants shall
issue orders to
the chief con«
stables, &c to
be fimrarded to
the constables,
&c, who shaU
cause notice to
be given to the
men to attend.
156
42 Oeobge III. c. 91.
A.D. 1801-2.
>''
\^'
I
if-
It
I
V.
i>
i ■
t ■
^
*'
bat no punish-
ment shall
extend to life
or limb.
Begimental
courts martial
for offences
committed
during exercise.
Regulations for
Bending notice
of the times
and places of
•exerdse.
Subdivision
meetings shall
issue orders for
calling out the
men.
Notices to be
afilxed on the
church doors,
which shall be
sufficient
notice.
nuwie in pursuance of such Act, shall be in force with respect to such militia,
and to all the officers, non-commissioned officers, drummers, and private men
of the same, in all cases whatsoever, but so that no punishment shall ^tend
to life or limb ; and that it shall be lawful for the officer commanding and
present with any detachment or division of militia called out to exercise unda
any of the provisions of this Act, not being under the rank of captain, to order,
when he shall think it necessary, a regimental court martial to be held for the
trial of any offence committed by any serjeant, drummer, corporal, or private
man under and during his command ; and if a sufficient number of officers
shall not be present to constitute such court martial, it shall be lawful for the
commanding officer of the regiment or battalion of militia to which any such
detachment or division of militia shall belong, and he is hereby required, upon
application made to him by the officer commanding such detachment or division
for that purpose, to order a sufficient number of officers of proper rank to
attend for the purpose of assisting at such court martial, who shall forthwith
attend the same, and assist as members thereof; and the sentence of every
such court martial shall in every case be submitted to the colonel or other com-
mandant of the regiment or battalion to which such detachment or diviffloa
shall belong, or (in his absence from the county, stewartry, city, or place) to
the senior field officer within the same, for his approval thereof, who shall
cause such sentence to be put in execution, mitigated, or remitted, as he shall
in his discretion think best for the service.
LXXXV. And be it further enacted, that notice of the times arid places of
exercise of the militia men to be raised by virtue of this Act shall be sent as
follows ; (videlicet,) where a county of itself forms a battalion, the notice shall
be sent by order of the general meetings of lieutenancy of such county, by the
clerk of the general meetings, to the clerk of the several subdivision meetings
in such county ; and where two or more counties, stewartries, cities, or places
compose a battalion, the notice shall be sent by order of the general meetings
of lieutenancy of the county, stewartry, city, or place composing the greatest
nimiber of such regiment or battalion, not only to the derk of the several sub-
division meetings in such county, but also to the clerk of the general meetings
of the other coimty, stewartry, city, or place, or counties, stewartries, cities, or
places composing such battalion, who shall again send notice to the derk of
the several subdivision meetings in such county, stewartry, city, or place, or
coimties, stewartries, cities, and. places jespeatively. ; and the said deputy
lieutenants, at some subdivision meeting to be held for carrying this Act into
execution after the receipt of the said notices, shall cause the men serving for
such subdivision to be called out in such order and course as shall have been
notified by the clerk of the general meetings as aforesaid, and for that purpose
shall issue orders to the chief constables or other officers of the several
counties, stewartries, cities, and places respectively, and to the schoolmasters,
constables, and other officers within their respective parishes or other divisions,
which schoolmasters, constables, and other officers shall cause such notice as
aforesaid to be affixed on the door of the churches or diapels belonging to
their respective parishes or places, or (if any place shall have no church or
chapel belonging thereto) on the door of the church or chapel of some parish
or place thereunto adjoining, which notice shall be deemed a sufficient notice
to every person inroUed by virtue* of this Act, notwithstanding any omission
4.D. 1801-2L
42 Oeobge III. c. 91.
167
in the deliveiy of written notices in manner herein-after directed ; and such
eonstables and other officers are hereby required also to give notice in writing
to the several militia men who shall be called out to be trained and exercised
■i sach times and places respectively, by serving them personally or by leaving
the same at their osual place of abode, to attend at the time and place men-
tkoied in such order ; and all such militia men shall duly attend at the time
and plaoe of exercise according to such notices respectively.
LXXXYI. And be it further enacted, that the clerks of the several sub-
division meetings in every county, stewartry, city, or place shall, within the
space of ten days after the receipt of such notices as aforesaid from the clerks
of the general meetings, cause a full and true list, specifying the name and
date of the inrolment of all the persons inrolled (within each subdivision
TOspectively) to serve in such militia, and the time and place of exercise, to be
kBDonitted to the commanding officer of the regiment or battalion of militia
for which such persons have been inroUed by virtue of this Act, or to such
penon as shall be appointed by such commanding officer to receive the same ;
tnd shall in like manner cause a duplicate of such list to be transmitted to the
iid^vtant of the said regiment or battalion, and in every case where there is no
adjutant, to the major or captain commandant of such corps.
LXXXVII. And be it further enacted, that the pay of every person inrolled
U wrve in the militia of any county, stewartry, city, or place, when not em-
lofidaad called out into actual service, and who shall be called out for the
parpoKof being trained and exercised as aforesaid, shall commence upon the
di7QD?hich such person shall join the regiment or battalion or detadiment
ord/fBion to which he shall belong, and not before : Provided always, that if
«Mi person shall have been prevented joining such regiment or battalion or
detachment or division by sickness or other sufficient cause, and shall produce
io the commanding officer thereof a satisfactory certificate of such sickness or
other saffident cause, it shall be lawful for the commanding officer of such
r^ent or battalion or detachment or division and he is hereby required to
direct an allowance of pay to be made to the person so prevented, according to
the tune mentioned in such certificate as aforesaid.
LXXXVIIL Provided also, and be it further enacted, that every man of
the said militia coming from a considerable distance, who shall appear at the
plaoe or places to be appointed for exercise, shall be entitled to an allowance
after the rate of one shilling per diem for each day necessarily spent in coming
from the parish or plaoe for which he shall serve to the place or places to be
appointed for exercise, and shall in like manner be entitled to a similar allow-
ance of one shilling per diem for each day necessary to enable him to return
to the parish or place for which he shall serve after the days appointed for
exerdse are over, to be calculated at not less than ten miles per day, with the
usual number of halting days ; and where such militia man has occasion to
oome and return by sea or to pass a ferry or ferries, he shall farther be allowed
the sum usually paid for such passage by sea or at such ferry or ferries in
eoming from and returning to the parish or place for which he shall serve ;
for which purpose a certificate shall be given to every such militia man of the
numtber of days and of the amount of the passage money for which such al-
lowance shall be made to him, under the hands of two or more of the deputy
lieatenants of the parish or division to which such militia belongs, whidi
Constables to
giro irritteii
notices to the
men to attend.
Clerks of snl»-
division meet-
ings to send
lists of the men
enrolled, and
the time and
place of exer-
cise, to the
commanding
officer, &c.
Begulations aa
to pay of men
called out to
exercise.
Men coming
firom a ^Ustance
to the plaoe of
exercise shaU
receiTC certain
allowances, on
certificates
from two
deputy lien-
tenants, which
shall be paid by
the clerk of the
BubdiTision and
repaid to him
by the collector
of the land
tax.
r
t
I
r
>;.
y-
if
J*
f J
I
I
I ■
I'*
168
42 Geoboe IIL a 91.
A.D. 1801-2.
Ifilitiameii
fftUixig sick on
the march may
be relieved by
warrant of a
justice, and the
expence shall
be reimbursed
by the collector
of the land
tax.
JoBtioes, &c.
may billet the
militia when
called out to
annual exer-
cise, and, when
not called out,
may order
quarters for
die non-com-
missioned offi-
cers and drum-
mers.
Justices may
aid in providing
carriages and
horses fbr con-
veying the
arms, &c. of
the inilitia on
its march as for
his Majesty's
forces.
Militia men,
when called
out to exercise,
may be put
certificate shall be produced by such militia man to the derk of the subdiYisiQii
meetings in whose district the said militia man hath his abode, who shall
thereupon pay to such militia man the allowance specified in such certificate ;
and upon such certificate being produced to the collector of the land tax of tbe
county, stewartry, city, or place to which- such militia man belongs, the siid
collector shall reimburse the derk of the subdivision meeting who has paid
the same for the amount of the allowances specified in such certificate ; and
all such sums so paid by such collector shall be allowed in his accounts.
LXXXIX. And be it Airther enacted, that in case any militia man shall, cm
his march to the place where he shall be ordered to attend for the annual
exercise, be disabled by sickness or otherwise, it shall be lawful for any one
justice of the peace of the county, stewartry, city, or place where such man
shall then be, by warrant under his hand to order him such relief as such
justice shall think reasonable ; and upon such warrant being produced to the
collector of the land tax of the county, stewartry, city, or place within which
such militia, man shall then be, he shall pay all such expences as shall be
incurred pursuant to such warrant, upon an account thereof to be certified
imder the hand of such justice of the peace, and all such sums so paid by any
such collector shall be allowed in his accounts.
•
XC. And be it further enacted, that it shall be lawful for all justices of fte
peace and magistrates of dties, towns, and places, and they and each of them
are and is respectively hereby required, to quarter and billet the officers, non-
colnmissioned officers, drummers, and private men serving in the militia, at the
times when they shall be called out to annual exercise, in the same way and
manner as his Majesty's regular forces are so furnished and provided in that
part of Great Britain called Scotland, upon application made to any such justices
of the peace or magistrates by his Majesty's lieutenant, or by the colonel or
other commanding officer of the regiment or battalion of militia so called out
to exercise as aforesaid, or of any division or detachment thereof ; and when
the militia is not embodied nor called out to exerdse as aforesaid, all justices
of the peace and magistrates aforesaid may and they and each of them are and
is hereby respectively required to order and provide convenient quarters in
such manner as aforesaid for the Serjeants, corporals, and drummers of the
militia.
XCI. And be it further enacted, that when the nulitia shall be called out
to be trained and exercised, any justice of the peace of any county, stewartry,
city, or place, being thereunto reqidred by an order from the lieutenant or fix)m
any deputy lieutenant of such county, stewartry, city, or place, or from the
colonel or other commanding officer of any regiment or battalion, detachment
or division of militia, being within such county, stewartry, city, or place, may
and shall be aiding and assisting in the providing of carriages and horses to
convey the arms, dothes, accoutrements, ammunition, and other stores of such
militia, and shall do every thing necessary in that behalf, in the same manner
as justices of the peace in Scotland do for the purpose of providing carriages
and horses to convey the arms, dothes, accoutrements, ammunition, and other
stores of his Majesty's forces upon their march.
XCII. And be it further enacted, that when any regiment or battalion of
militia, or any detachment or division thereof as aforesaid, shall be assembled
for the purpose of being trained and exercised, it shall be lawful for the captain
4
9
LD. 1801-2.
42 Geobge III. a 91.
159
or ocnninandixig officer of every company to put the militia men of his com-
pany under stoppages, not exceeding four-pence per day, for the purpose of
providing them with linen and also with other necessaries, and for defraying
the expence of repairing any arms which shall have been broken or damaged
hy any such militia man's neglect : Provided always, that every such captain
or commanding officer shall account with each militia man for such stoppages,
and after having deducted what shall have been laid out and paid for
neeeasarieB and for repairing the arms as aforesaid, shall pay the simi re-
maining (if any there shaU be) into the hands of the militia man to whom the
same belongs, before such militia man shall be dismissed from such training
and exercise.
ICUl. And be it farther enacted, that the colonel or other commanding
officer of every regiment or battaHon of militia^ as often as his regiment or
battalion shall be called out to exercise as before directed, and within fourteen
days fixon the time of assembling, shall and he is hereby required to return to
flielieatenant of the coimty, stewartry^ city, or place to which the same belongs,
or irheie two or more counties, stewartries, cities, or places are joined together
to fonn a r^ment or battalion, to the lieutenant of the county, stewartry, city,
or ^aoe famishing the greatest number of men to such regiment or battalion^
a true state of sudi regiment or battalion, and a duplicate thereof to the derk
tfttte general meetings, to be preserved among the proceedings thereof; and
lAmsny such regiment or battalion shall be so ordered to be trained and
exeniad in parts or proportions successively in manner directed by this Act,
tbeofieo- commanding every such part or proportion for the time being shall,
vit&m seven days after the assembling of such part or proportion, make a
Rtom of the state of the militia exerdsed by him or under his command to
the eolonel or commanding officer of the regiment or battalion to which the
militia so exercised shall belong, on pain of forfeiting twenty poimds. for every
sodk omission ; and the colonel or commanding officer receiving such returns
A^ within fourteen days after all the returns of men belonging to his regi-
ment or battalion, who shall have been so assembled, shall have been received
bjr him, transmit a general return to the lieutenant of the county, stewartry,
city, or place to which such militia shall belong, or where two or more counties,
cities, or places are joined together to form a regiment or battalion, to the
^lieutenant of the coimty, stewartry, city, or place furnishing the greatest num-
ber of men to such regiment or battalion, and a duplicate thereof to the derk
of the general meetings^ to be preserved among the proceedings thereof ; and
in case any officer shall refuse or neglect for three months after the time herein
appointed for making such returns so to do, he shall for every such offence
ibrfeit and pay the sum of fifty pounds.
XGTV. And be it further enacted, that the captain or commanding officer of
eveiy company of militia called out to exercise under this Act shall^ during the
tune of such exercdse, make out a correct and accurate return of the state of
the classes of the men belonging to his company, arranged according to the form
in the schedule to this Act annexed marked (F.), specifying the several par-
ticulars therein mentioned, and the subdivision to which eveiy such man shall
belong, and shall deliver or transmit the same to the adjutant of the regiment
or battalion, or, where there shall be no adjutant, to the commanding officer of
the raiment or battalion to which such company shall belong ; and such ad*
under stop-
pages for pro-
Tiding than
with linen, &c.
BetnrnBoftfae
militia, when
called ont to
exercise, to be
made by the
colonel, &c.
Captains of
companiOB
shall make oot
aretornin the
fonn in sche-
dnle (¥.) for
the adjutant, or
where none for
the command*
mg officer, who
shall make out
a general re-
tini, and trant-
160 42 Geoeqe IIL c. 91. A.D. 1801-2,
mit ths "•MB jutant or commanding officer (as the case may be) shidl, within one month
the ffowral after every such exerdBe as aforesaid, prepare and make out a geiieral and
meetiDgi, &c accurate return of all such classes, according to such form and with such speci-
fication as aforesaid, and shall transmit the same to the clerk of the gencn)
meetings, and shall also transmit to the clerks of the subdivision nii'cli%'3
within the county, stewartiy, city, or place to the nulitia of which he shnil
belong, extracta of such return, containing the state of the classes of th« men
belonging to their respective subdivisions ; and such subdivision clerks whul!
forthwith correct the books of inrolment of their respective subdivisions so m
Clerk to the to correspond accurately with such return ; and the clerk to the general mett-
^^^^"^ ings shall forthwith upon receipt of such returns as aforesaid, and witliin twD
transmit to months afber the expiration of such exercise as aforesaid, make out and traii-
of*w« an^ ™*^ *** °°^ "^ '''^ Majesty's principal secretaries of state correct abstracts of all
aUtract of re- such returns as aforesaid, made out in the form in the schedule marked (G) to
form in sohe- ^^'^ ^*^^ annexed ; and every person so required as aforesaid to make any such
dule (G.) return, who shall refuse or neglect to make the same in manner aforesaid, li
a^'tini't *^® period hereby required for that purpose, shall for every such offence forfeit
^a retoniB. and pay the sum of fifty pounds.
Men not ap- XCV. AND be it further' enacted, that every militia man (not laboui-iag
SmTaod pla^ under any infirmity incapacitating him) who shall not appear at the time ad
of exerctee place appointed for his being exercised according to the directions of this Act
desertem, and (notice having been published and given as by this Act required) shall 1)«
meb men and deemed a deserter, and if not ta,ken until after the time of any such e;. iti-t-
themselves shall forfeit and pay the sum of ten pounds ; and also every militia man who
during that having joined the regiment or battalion to which he belongs, or any company
taken till after- or companies or detachment or division thereof, shall desert or absent himself
r^'io?'' during the time of any such exercise, and shall not be taken tmtil after tiie
be comtnitted time of such exercise, shall forfeit and pay the stun of ten pounds ; and if
for six months, ^^^y^ penalty shall not be immediately paid, the justice of the peace before
whom any militia man shall be convicted of any such oSence ^lall coniini^
such militia man to the house of correction to hard labour, or to the ccinuK'i
gaol, there to remain without bail or mainprize for the space of six months,
or until he shall have pud the said penalty, without any mitigation what-
soever.
If menabieat XCVI. AnD be it further enacted, that in case any militia man shall desert*
d'*""niS^'* °^ absent himself from his duty, and shall not return and volimtarily surrender
or arc not himself to the adjutant or other officer, commissioned or non-commissioned.
OreemoD^B, coBmJftii<ii°g at the city, town, or place where the arms of the r^fiment or
othen shall be battalion to which be shall belong shall be deposited, or sht^l not be token
"" *"■ within the space of three months from the time of his so deserting or absent-
ing himself, then upon certificate thereof from the commanding offit^r of the
regiment or battalion to which he belonged to the deputy lieutenants at any
of their meetings for the subdivision for which such militia man was inrolled,
such deputy lieutenants, or any two or more of them, are hereby required to
liold a subdivision meeting, and to proceed to ballot for another person to
. serve and be returned to such regiment or battalion in the room of such militia |
men return man ; and in case such militia man shall at any time thereafter return or be \
"h ""wi^ taken, he shall, notwithstanding any person shall have been chosen in his
compeHed to room, be compelled to serve in the same manner and for the same tenn (the
A.D. 1801*2:
42 George ni. e. 91.
161
said term to reoommenoe fix)in the day on which he shall have returned or
hmv^ been tiJcen) as if no person had been so chosen in his room.
XfjVlL And be it farther enacted, that all muskets delivered for the service
of the militia shall be marked distinctly in some visible place with the letter
(M.), and the name of the county, stewartry, city, ^r place to which they
belong; and in case any militia man shall sell, pawn, or lose any of his arms,
dotbes, aooouirements, or ammunition, or neglect or refuse to return the same
in good order to his captain, or to the person appointed to receive the same,
every such militia man shall for every such offence forfeit and pay a sum not
exceeding three pounds, and if such militia man shall not immediately pay
such penalty, the justice of the peace before whom he shall be convicted shall
eommit him to the house of correction, to be kept to hard labour, for any time
not exceeding three months, or until he shall have paid the said penalty.
XCYIII. And be it further enacted, that if any person shall knowingly and
wilfully buy, take in exchange, conceal, or otherwise receive any militia arms,
dothes^ or accoutrements, or any such articles belonging to any militia man as
■re generally deemed regimental necessaries according to the custom of the
tnny, being provided for the militia man and paid for by deductions out of
Us pay, or any public stores or ammunition whatever delivered for the militia,
vofXL any account or pretence whatsoever, contrary to the true intent and
BoniDg of this Act, the }>erson so offending shall forfeit and pay for every
wAidEence the sum of ten pounds; and if such offender shall not imme-
&(iy pay such penalty, and shall not have sufficient goods and effects
vioMB to levy such penalty, the ji;istice before whom he or she shall be, con-
Tuied shall commit him or her to the common gaol, there to remain without
{■{{(R* mainprize for the space of six months, until he or she shall have paid
tbe said fine, or shall cause such offender to be publicly or privately whipped,
it the discretion of such justice.
XCIX. And be it further enacted, that every serjeant major, serjeant, cor-
poral, drum major, and drummer of the militia shall be at all times subject to
any Act which shall be in force for punishing mutiny and desertion, and for
the better payment of the army and their quarters, and to the Articles of War,
nnder the command of the colonel or other commandant of the regiment or
battalion to which he belongs ; and it shall be lawful for the colonel or other
commandant of any raiment or battalion of militia to direct the holding of
courts martial, as herein-after directed, for the trial of any serjeant major,
serjeant, corporal, drum major, or drummer of such i-egiment or battalion, by
eitber a general or regimental court martial, for any offence against the said
Act or Articles of War committed during the time such regiment or battalion
shall not be embodied, and for the trial of any serjeant, corporal, drummer, or
private man of such r^;iment or battalion who shall have deserted while the
said regiment or battalion was embodied, and shall not have been apprehended
till after it shall have been disembodied, but so that no punishment shall
extend to the loss of life or limb.
C. And be it further enacted, that if a sufficient number of officers to form
a court martial cannot be found, it shall be lawful for the colonel or other
oommandant, and in his absence for the senior field officer of the regiment or
battalion to which the person on whom such court martial is to be held shall
belong, to order any officers of such regiment or battalion actually resident
vol* IV. L
Moiketa to be
marked, and if
men sell or
lose their anns,
&c., or neglect
to return them
in good order,
they shall for-
feit not exceed-
ing 8/. or be
committed for
not exceeding
three months.
Penidtj for
baying militia
arms, &c.
Seijeant
migorB, &c
shall be at all
times subject
to Mutiny Act,
&C., and may
be tried by
court martial
for ofEssuxs
committed
when the militia
is not embodied;
and seijeants,
&c., and private
men may be
so tried who
desert while
their regiment
is embodied,
and are not
taken till after-
wards.
Commandant
may order
officers of the
regiment resi-
dent where the
trial is to be,
or within ten
^
f
It
r conuxiaxidftiit.
I
c
i
162 42 George III. c. 91. A.D. 1801-2.
miles, to assist within the town where such serjeant major, sexjeantj corporal, drum major, or
tibecout." ^ drummer is to be tried, or within ten miles thereof, to attend and asust as
members of such court martial, who shall thereupon attend at the time re-
quired and assist accordingly, but no officer shall be entitled to receive pay
Sentence not for any such attendance : Provided always, that no sentence of any court
execat^on till martial held as aforesaid on any serjeant major, serjeant, corporal, drum major,
co^^€d by ()r drummer, or private man as aforesaid shall be put in execution until it
shall have been confirmed by the colonel or other commandant, or by the field
officer by whose order such court martial was assembled.
I Non-conjmis- CI. AND be it further enacted, that any serjeant, corporal, or drummer of
r sioncu officers » « ' x *
may be reduced the liiilitia may by sentence of a court martial be reduced to the condition of
I ^^ privates for 3^ private militia man, to serve as such during: any time not exceeding fifteen
^ a certain penod, '^ . , ® •' °
I and if not then months, in case the regiment or battalion to which he belongs shall not be
^ ^ shsJi^i^'di^!^ ^^^ embodied or called out into actual service ; and in case the regiment or
>r ' charged. battalion to which he belongs shall be then embodied or called out into actual
t service, to serve as aforesaid until the disembodying of the said regiment or
1^ battalion ; after which time or at the end of the said fifteen months, as the
case may be, if not regularly reappointed to the rank of a non-commissioned
officer or drummer, he shall be discharged from the service.
h^' ^'h^ ^^^ ^^ ^ ^^ further enacted, that the arms, accoutrements, clothing, and
^ the command- other stores belonging to every regiment or battalion of militia, when not
. ant shau direct, embodied, shall be kept in such convenient place as the colonel or other com-
I • mandaut shall direct, with the approbation of his Majesty, signified by one of
I his principal secretaries of state.
^' *********
I
I \ Method of pro- CIV. And be it further enacted, that if any militia man shall not join the
Lttfomltion^ regiment or battalion, detachment or division to which he belongs at the time
recdved of the of aimual exercise, or shall desert during the time of annual exercise and shall
militiaman ^^^ ^ apprehended before the expiration of the time appointed for such
who has not exercise, and if the commanding officer or the adjutant of such regiment or
annual exercise, battalion, or the commanding officer of the company, detachment, or division to
or has deserted which such oflfender belon£n3, shall receive information of the place where he shall
donng It and - . '^ , • • 1 v •
. has not been be or reside, any such commanding officer or adjutant may, by writing under his
apprehended, hand, describe the person of such offender, and aLso certify that he did not join
the regiment or battqlion, detachment or division at the time of annual exerpise,
or that he deserted during the time of annual exercise (as the case may be), and
send the same by a serjeant, corporal, or drummer of such regiment or battalion
to the adjutant or serjeant major of the regiment or battalion, or to the senior
serjeant when there is no adjutant or serjeant major of the raiment or
battalion, or detachment or division thereof, of the county, stewartry, city, or
place wherein such offender is supposed to be or reside ; and the adjutant^
serjeant major, or senior serjeant to whom such certificate shall be sent shall
forthwith direct a party of the seijeants, corporals, or drunmiers of the regiment
or battalion to which he belongs to assist in the apprehending such offSender,
and in conveying him before some justice of the peace of the county, stewartry,
city, or division wherein such offender shall be apprehended ; and if by his
confession, or the testimony of any witness or witnesses upon oath, or the
knowledge of such justice, it shall appear or be found that such person is
guilty of such offencfe, such adjutant, serjeant major, or senior serjeant as
►
I. '
r
It
»
r
i
I
V
AJ). 1801-2.
42 George III. c. 91.
163
aforesaid shall order a party of the Serjeants, corporals, and drummers under
his eommand to convey such offender to the head quarters of the regiment or
hftttalion of militia of the next county, stewartry, city, or place in the way to
tiie eonnty, stewartiy, city, or place to which such offender belongs, and
deliver him into the custody of the adjutant or serjeant major of such regiment
or battalion, or senior seijeant as aforesaid, who shall cause him to be conveyed
in like maimer to the adjutant or serjeant major of the regiment or battalion,
or senior serjeant of the regiment or battalion of the next county, stewartry,
dij, or place, and so in like manner until such offender shall be delivered into
the custody of the adjutant or serjeant major of the regiment or battalion or
semor seijeant as aforesaid of the corps to which he belongs, who shall take
him before a justice of the peace to be dealt with as this Act directs in cases
of militia men deserting or absenting themselves from their duty when not
embodied or called out into actual service ; and from the time of his being so
spprehended as aforesaid until he is brought before such justice of the peace
as aforesaid, such offender shall be subsisted at the rate of sixpence per day
fitom the pubUc monies in the hands of the collector of the land tax of the
county, stewartry, city, or place to which such regiment or battalion belongs,
far ¥ladi subsistence such justice is hereby required to make such order upon
wh odlector, who shall be allowed the same in his accounts ; and if any
wqant, corporal, or drummer shall desert from the regiment or battalion to
itidb^ belongs, it shall be lawful for any constable or other officer of the
fanmor ]bce where any person who may be reasonably suspected to be such
doerier shall be found to cause such person to be apprehended and taken
Mr any justice of the peace living in or near to such town or place, who is
kreiy empowered to examine such suspected person ; and if by his confession,
cr die testimony of any witness or witnesses upon oath, or by the knowledge
of soeh justice, it shall appear or be found that such suspected person is such
deserter, such justice shall forthwith cause him to be conveyed to the common
gaol of the county or place where he shall be found, or the house of correction
cr other public prison in the town or place in or near to which such deserter
fihall be apprehended, there to remain until he shall be demanded by some
ffsam or persons authorized to receive him as herein-after directed, and shall
transmit an account thereof to the clerk of the general meetings of the county,
stewartry, dty, or place to which such deserter belongs ; and the keeper of
soeh gaol, house of correction, or prison shall receive the full subsistence of
Bodi deserter at the rate above specified for his maintenance during the time
he shall continue in his custody, but shall not be entitled to any fee or reward
on aooount of his imprisonment; and such derk of the general meetings
leoeivmg such account shall immediately transmit a copy thereof to the
eolonel or commanding officer of the regiment or battalion of bis county,
atewartiy, dty, or place, and also to the adjutant or other officer commanding
the serje%Dt8y eorporab, and drummers of radi raiments or battalions ; and
the colonel or commanding officer of the r^^ent or battalion to which such
deserter shall be found to belong, or the adjutant or officer commanding the
aeijeants, corporals, and drummers of such raiment or battalion, shall and he
is hereby required immediately on 'receiving such copy as aforesaid to send
any serjeant, corporal, or drummer, or any party of the Serjeants, corporals, or
drammexs of his raiment or battalion to the place where such deserter shall
L 2
Method of pro-
ceeding where
persoDB are
foond suspected
to be non-com-
missioned '
oiBoeTs or
drommers who
baTe deserted.
Gaolers to re-
oeiye the snb-
sistenoe of de-
serters while
confined, bat
DO fee.
164
42 Qeorqe III. c. 91.
A.D. 1801-2.
Si- •#
Gaolers to re-
ceive and con-
fine deserters
on penalty of
208.
Seijeants, &c.
oonyeying de-
serters, or on
any march,
shall be biUet-
ted as Serjeants,
&c. of the other
forces when so
employed.
Person appre-
hending a de-
serter to be
paid 20». by
warrant of the
justice before
whom the de-
serter is con-
victed.
Penalty on
concealing or
assisting de-
serters.
be 80 confined, and shall also send by such serj'eant, corporaj, or drummer, or
the Serjeant commanding such party of Serjeants, corporals, or drummers, an
order under his hand to the keeper of the said gaol, house of correction, or
prison, requiring him to deliver such deserter to the person or persons therein
named, which he is hereby required to do ; and the Serjeant, corporal, or drum-
mer to whom such deserter shall be so ordered to be delivered, in case one only
shall be sent on such duty, shall apply to the adjutant or serjeant major of the
regiment or battalion or to the senior serjeant of the corps of the couniy,
stewartry, city, or place where such deserter shall be so confined as aforesaid,
and such adjutant, serjeant major, or serjeant shall order a sufficient party of
the Serjeants, corporals, or drummers under his command to assist in convey-
ing such deserter, and he shall be conveyed to the adjutant or serjeant major of
the regiment or battalion or senior serjeant of the corps to which he belongs,
in the same manner as before directed with respect to the conveying of private
militia men to the adjutant or serjeant major of the regiment or battalion, or
senior serjeant of the corps to which they belong ; and such adjutant or ser-
jeant major or serjeant shall take such deserter before a justice of the peace
of the county, stewartry, city^ or place to which he belongs^ who shall forth-
with cause him to be conveyed to the common gaol, house of correction, or
other public prison of such county, stewartry, city, or place, where he shal
remain without bail or mainprize until a court martial can and shall be sum-
moned and held for the trial of such deserters, according to the provisions of
this Act, when he shall be delivered to the person or persons named in any
order to be issued for that purpose under the hand of tl\e officer by whose
authority such court martial shall be summoned requiring the delivery of such
deserter ; and all gaolers and keepers of prisons shall (if required so to do by
any serjeant or corporal or drummer employed in conveying any such miliUa
man, or serjeant, corporal, or drummer so offending to the regiment or bat-
talion to which he belongs) receive into their custody and confine such offender
for such time as they shall be respectively so required as aforesaid, not exceed-
ing twenty-four hours ; and every such gaoler or keeper of any prison who
shall refuse so to do shall forfeit the sum of twenty shillings ; and all such
Serjeants, corporals, and drummers while they are employed in executing such
duty as aforesaid, and all other Serjeants, corporals, and drummers of the
militia while on any march or employed in any duty upon which they may be
commanded by any legal authority, shall be billetted in like maimer as Serjeants,
corporals, or drummers belonging to his Majesty's other forces employed in
apprehending and conveying deserters are to be billetted,
CV. And be it further enacted, that the justice of the peace before whom
any deserter shall be convicted shall and may issue his warrant to the derk of
the regiment or battalion to which such deserter shall belong, or (where there
is no clerk) to the commandiug officer, requiring such clerk or such command*
ing officer to pay out of such regiment or battalion the sum of twenty shillings
to the person who shall have apprehended such deserter, and such clerk or
commanding officer is hereby authorized and required to pay the same
accordingly on demand.
CVI. And be it further enacted, that if any person shall harbour, conceal,
or assist any deserter, knowing him to be such, the person so offending shall
forfeit for every such offence the sum of five pounds.
AJ). 1801-2.
42 George III. c. 91.
165
CVn. And be it further enacted, that in all cases of actual invasion, or
ufcaa imminent danger thereof, and in all cases of rebellion or insurrection, it
shftD be lawful for bis Majesty (the occasion being first communicated to Par-
fiament, if the Parliament shall be then sitting, or declared in council and
notified by proclamation if no Parliament shall be then sitting or in being) to
order and direct the lieutenants of the said several counties, stewartries, cities,
and places, or, on the death or removal or in the absence from their respective
eounties, stewartries, cities, or places of any of them, then any three or more
dqmty lieutenants, with all convenient speed, to draw out and embody all the
legiments or battalions of militia within their respective counties, stewartries,
cities, and places herein-before appointed to be raised and trained, or so many
of them, or such part or proportion of them or any of them, as his Majesty
dttll in his wisdom judge necessary, and in such manner as shall be best
adapted to the circumstances of the danger, and to put the said forces under
the command of such general officers as his Majesty shall be pleased to appoint,
and to direct the said forces to be led by their respective officers into any parts
tf Great Britain for the repelling and prevention of any invasion^ and for the
soppiession of any rebellion or insurrection within Great Britain ; and from
tile time of any regiment or battalion of militia being drawn out and embodied
as afbresaidy and until the same shall be returned again to its own county,
^benitiy, city, or place, and disembodied by his Majesty's order, the officers,
noB-oooBussioned officers, drummers, and private men of every such regiment
crbattafion shall be subject to aU the provisions contained in any Act of Par-
BuKoi which shall be then in force for the punishing mutiny and desertion,
anf for the better payment of the army and their quarters, and the Articles
of War made in pursuance thereof; and all the provisions contained in every
saA Act and the Articles of War shall be in force with respect to the militia,
and shall extend to all the officers, non-commissioned officers, drummers, and
pnvate men of the militia while embodied as aforesaid in all cases whatsoever.
In cases of
actual myasion,
rebelHon, &c^
his Mi^jesty
may oider the
militia to be
embodied, and
put under the
command of
general officers,
&c., and led bjr
their respeo-
tive officers
into any part of
Great Britain.
While so em-
bodied, they
shaU be subject
to the Mutiny
Act and
Articles of
War.
CIX. And be it further enacted, that whenever his Majesty shall cause the
militia to be drawn out and embodied as aforesaid, if the Parliament shall
then be separated by such adjournment or prorogation as will not expire
within fo<iirteen days, his Majesty may and shall issue a proclamation for the
meeting of the Parliament within fourteen days ; and the Parliament shall
accordingly meet and sit upon such day as shall be appointed by such pro-
clamation, and continue to sit and act in like manner to all intents and
purposes as if it had stood adjourned or prorogued to the same day.
ex. And be it further enacted, that the lieutenant of every county,
stewartry, dty, and place, or (on the death or removal of any such lieutenant,
or in his absence from his county, stewartry, city, or place,) any three or more
deputy lieutenants, to whom any order from his Majesty for drawing out and
embodying the whole of the militia of .such county, stewartry, city, or place
shall be directed, shall forthwith issue his or their order to the chief constables
or other officers of the several divisions within their respective counties,
stewartries, cities, and places, with directions to forward the same immediately
to the constables or other officers of the several parishes and places within
their respective divisions; and such constables or other officers are hereby
required, upon receipt thereof, forthwith to cause notice in writing to be
When his
MigestyshaU
Older the mili-
tia to be em-
bodied heshaU
iflsuea procla-
mation for the
meeting of Par*
liamwit.
When the mili-
tia iaotdered
oatytbefieo-
tenantsahan
iaraeordento
the chief con-
stables, fte: to
be forwarded to
the oonatablea,
ftCywhoshaU
canse notice to
begifentothe
men to attend.
r
Y
T
r
166
42 George ni. c. 91.
A.D. 1801-2.
>^'■
I
i
V
Militia officers
not to sit on
trials of officers
or soldiers of
the other forces,
nor contrari-
wise.
If militia men
do not march
pursuant to
order, they
shall be deemed
deserters, and
persons har-
bouring them
shall forfeit
100/.
lifilitia when
drawn out to
be entitled to
the same pay
as other in-
fantry, and
non-commis-
sioned officers,
&c. if wounded,
to the benefit
of £!helsea
hospital.
Fay of officers
and men who
shall not join
on the day ap-
pointed, unless
prevented by
illness or other
necessity, shall
commence only
from the day
of joining.
Pay of men
enrolled after
the militia is
embodied to
commence from
theday of join-
ing ; but an al-
lowance may
be made them
at the time of
enrolment to
enable them to
join.
given to the several militia, men, or left at their usual places of abode within
their respective parishes or places, to attend at the time and place mentioned
in such order.
CXI. And be it further enacted, that no officer serving in the militia shall
sit in any court martial upon the trial of any officer or soldier serving in any
of his Majesty's other forces ; nor shall any officer serving in any of hifl
Majesty's other forces sit in any court martial upon the trial of any officer or
soldier serving in the militia.
CXII. And be it further enacted, that if any person of the said militia
ordered to be drawn out and embodied as aforesaid (not labouring under any
infirmity incapacitating him to serve as a militia man) shall not appear and
march in pursuance of such order, every such militia man shall be liable to be
apprehended and punished as a deserter according to the provisions of any
Act which shall be then in force for punishing mutiny and desertion, and for
the better payment of the army and their quarters, and of the Articles of War
made in pursuance of the same ; and if any person shall harbour and conceal
any such militia man when ordered to be drawn out and embodied as afore-
said, knowing him to be such miUtia man, every such person shaU for eveiy
such offence forfeit and pay the sum of one hundred pounds.
CXIII. And be it further enacted, that from the date of his Majesty's
warrant for drawing out the militia of any county, stewartry, city, or place
into actual service, the officers and men of the militia of such county, stewarby,
city, or place shall be entitled to the same pay as the officers and men of his
Majesty's other infantry forces receive, and no other ; and if any non-com-
missioned officer, drummer, or private man of the militia shall be maimed
or wounded in actual service, he shall be equally entitled to the benefit of
Chelsea hospital with any non-commissioned officer, drummer, or private
man belonging to any of his Majesty's other forces.
CXIV. Provided always, and be it further enacted, that the pay of every
officer, Serjeant, corporal, drummer, and private man who shall not join his
regiment or battalion of militia on the day appointed for that purpose shall
commence only from the day of his joining such regiment or battalion, unless
such officer, serjeant, corporal, drummer, or private man shall have been pre-
vented from joining on the day appointed as aforesaid by sicki\ess or any
other inevitable necessity, to be proved to the satisfaction of the commanding
officer of the regiment or battalion, in which such officer, serjeant, corporal, or
drummer, or private man may, by order of his commanding officer, be accounted
with for his pay from the date of his Majesty's warrant as aforesaid.
CXV. And be it further enacted, that the pay of every person inrolled to
serve in the militia of any county, stewartry, city, or place after such militia
shall have been embodied and called out into actual service shall commence
upon the day on which such person shall join the regiment or battalion to
which he shall belong, and not before : Provided always, that it shall be
lawful for the deputy lieutenants or justices of the peace by whom any such
person shall have been so inrolled to order and direct an allowance to be
made to such person for the purpose of enabling him to proceed and join the
regiment or battalion to which he may belong, not exceeding the rate of the
pay of so many days as would enable him to march from the place where
he was inrolled to the place where the said regiment or battalion may be
U). 1801-2.
42 George III. c. 91.
167
ittiiooed, to be calculated at the rate of not less than ten miles per day> with
the iBoal number of. halting days, together with sach sum or sums as must
neeesBarily be paid by such person for his passage by sea or over any ferry or
femes ; and the said allowanoe of pay and passage money shall be advanced Sndi aiiowanoe
to such peiBon at the time of his inrolment by the derk of the subdivision ^^ d^ o^e
neettng, nndsr the order of the deputy lieutenants or justices aforesaid, or sabdivunon,
one of them, and shall be repaid to tlie said subdivision derk by the collector ^^^ by the
of the land tax of the couniy, stewartiy, dty, or place on the production of a collector of the
eotifieate to that eSect signed by the said deputy lieutenants or justices, or
any two or more of them ; and the said coUj^ctor shall be allowed for the same
in his aeooontB aeoordingly.
OavL And be it furth^ enacted, that when any regiment or battalion of When a regi-
militia AbR be drawn out into actual service, and during the time it shall ^^ti^ oSo^i
eontinue in actual service, the colonel or other commandant thereof shall and ^haii appoint
may appoint an agent to such regiment or battalion, and shall take security ^ke^orii^,
£roiii sach agent ; and such colonel or other commandant shall be and is hereby ^^d shall make
Bide sabject and liable to make good all defidencies that may happen fix)m ^^in paj^.
the said agent, or from himself, upon account of the pay, dothing, or public
Btod: (^such raiment or battalion.
CIVIL Ani> be it further enacted, that when the militia of any county. When the mlii-
*enrtry, city, or place shall be ordered out into actual service, the collector ^t,"theTO^^
rf ^khd tax for such county, stewartry, dty, or place shall and is hereby lector of the
mjaand fcrth-with to pay to the captain or other commanding officer of every ^^ ^^^^
eoBpn/ of nmilitia so ordered out the sum of one guinea for the use of every captam of
pofite militia man bdonging to his company ; and the said collector shall also onegoinea fo7
}»jto every captain or otiher commanding officer of a company as aforesaid the *h« ^^^1^^^
nm of (me guinea for every recruit, as early as may be after such recruit shall for 4ch re-
hKvt joined his company, while out in actual service as aforesaid (all which c™^ ^/^^J
r.^' _,^.a8 may be alter
Buney so paid by the said collector shall be allowed him m his accounts) ; he has joined.
ud the money so received by any captain or other commanding officer, or so
moch thereof as such captain or other commanding officer shall think proper,
dttU be laid out in the manner he shall think most advantageous for the
nspective militia men ; and such captain or commanding officer shall, on or Captains to «
before the twenty-fourth day of the month next ensuing that in which he the men for
shall have received sudi one guinea as aforesaid, account to such militia man the same.
iiow the said sum of one guinea hath been applied and disposed of, and shall
at the time of settling such account {)ay the remainder of the money (if any)
to tiie said militia man.
CavjliJL And be it further enacted, that whenever any regiment or battalion ^^^^ ^'
of militia shall be embodied for actual service, and absent from the county, hodied and out
stewartry, city, or place to which it belongs, the commanding officer of such ^'*;^f^*^
regiment or battalion of militia shall apply to every man chosen by lot, whose men whose
time shall be within four months of expiring, and who, in his judgment and ^^^^.^
after an examination by the surgeon of the regiment or battalion, shall still monthn of
be fit to serve as a militia man, and enquire if he is willing to continue in the tho^^Si'^*
snvice for such term as any man who should be then ballotted to serve would fit and willing
be subject to, and for what price or sum he will so continue ; and such com- gerve°^rt& ^e
manding officer shall, on the first day of the months of January, March, May, snms for which
Wy, September, and November respectively, or as soon after as conveniently ^^ j^ c^Un
I
168
42 George IIL c. 91.
A.D. 1801-2.
I .^
■"i
'i^'
P
•^
f -
k
periods be
transinitted by
the command-
ing officer to
the clerk of
the general
meetings.
Form of list.
may be, transmit to the clerk of the general meetings of the county, stewartry,
city, or place to which his regiment or battalion of militia belong, a list of tSi
such men in such regiment or battalion of militia as he shall find willing to
continue in the service, in which list shall be set down the sums they are
respectively willing to continue for, and which list shall be signed by evety
such militia man as aforesaid, and shall be made in the following form;
videlicet,
Dated the day of
;
1 ■
V.
[■•■
Name of the
County.
Names
of
the Men.
Of the Parish
of
In the
Division of
Time of
Service
expires on
the
Rom for
which they
engage to
serve.
Signatim
of
Consent
A.B.
P.
H.
A.B.
p '
E.F.
Q.
I.
B.F.
;v
O.K.
R.
N.
G.K.
i-
Signing the
list sh^l be
binding.
. Clerk of gene-
ral meetings
to transmit to
clerks of sub-
divisions ex-
tracts of the
returns.
Deputy lieu-
tenants may
cause the men
willing to con-
tinue to be en-
rolled as volun-
teers ; and the
same number
shall be bal-
lotted for ; and
the persons
chosen by bal-
lot may appoint
the volunteers
their substi-
tutes, and shall
transmit the
bounties for
their substitutes
to the pay-
master.
Collector for
the county to
pay to the
captain of each
And that the signing of the said list shall be binding upon the persons signing
the same to all intents and purposes whatsoever.
CXIX. And be it further enacted, that the clerk of the general meetings of
every county, stewartry, city, or place aforesaid shall, as soon after, the receipt
of such notices as the same can be done, transmit to the respective clerks
of the subdivision meetings, for the use of the deputy lieutenants acting in
such subdivisions, correct extracts of such returns, specifying in every such
extract the men that shall have been inrolled for the subdivision to which
the clerk to whom any such extract is sent shall belong ; and thereupon it
shall be lawful for such deputy lieutenants, if they shall think fit, to cause
the men willing to continue to serve as aforesaid to be inrolled as volunteeis
for the particular and respective parishes or places for which they shall have
been originally inrolled to serve, and thereupon as many men shall be ballofcted
f9r in such parishes or places as may be necessary to serve in the room of such
militia men so inrolled as volunteers ; and the person or persons ballotted to
serve in the room of such militia men so inrolled as volunteers may, in the
order in which they have been ballotted, appoint such person or persons (in
the order in which their names appear in the extracts of returns transmitted
to the deputy lieutenants) his or their substitute or substitutes ; and upon such
person or persons so ballotted for transmitting to the paymaster of the regi-
ment u\ which such men shall be then serving the bounty to be given to such
men whom they severally appoint their substitutes in the order before specified,
such person or persons so ballotted for shall be in the same situation as other
persons who have found substitutes in the manner directed by this Act^ and
the paymaster shall forthwith pay or account to the said men respectively so
appointed substitutes for the bounties received by him ; and such of the men
as shall not be appointed substitutes shall be discharged at the expiration of
the period of service. .
CXX. And be it further enacted, that in case the term of service of any
person who shall have been chosen by lot and inrolled to serve in the militia
shall be prolonged in the manner herein directed beyond the term of five yearSi
AJ). 1801-2.
42 Oborge IIL c. 91.
169
one
tben and in such case the collector of the land tax for the county, stewartry, company
city, or place to which the person so chosen by lot and inroUed shall belong ST^e^eiy ^
shall and he is hereby required forthwith to pay to the captain or other com- baiiotted man
manding officer of each company respectively the sum of one guinea for every ghj^be pro-
poson whose time of service shall be so prolonged, and shall in like manner longed beyond
ao often as the term of service of any person so chosen by lot and inrolled to ^^ y®^^»
aerve in the militia shall be prolonged as aforesaid, pay the like further sum
of one guinea (all which money so paid by the collector shall be allowed him
in his aooount) ; and the money so received by any captain or commanding
officer, or so much thereof as such captain or commanding officer shall think
proper, shall be laid out in the manner he shall think most advantageous for
eadi respective person so chosen by lot and inrolled, and whose time of service
ahaU be prolonged as aforesaid ; and such captain or commanding officer shall,
on or before the twenty -fourth day of the month next ensuing that in which
be shall have received any such one guinea^ account to such person how the
aid smn or sums have been applied and disposed of, and shall at the time of
settling such account as aforesaid pay over to him the remainder of the said
noney, if any, which shall not have been so applied wd disposed of
CXXL And be it further enacted, that in case the term of service of any and also for the
nbtitote, hired man, or volunteer Serving in the militia shall, by reason of JStates^or
IlieiBilitia being embodied, continue beyond the term of five years, then and Toiunteers
Tftsodi ose the collector of the land tax for the county, stewartry, city, or ^JuSukj plro-
phee to which such substitute, hired man, or volunteer shall belong shall and longed;
he k iereby required forthwith to pay to the captain or other commanding
oAer of each company respectively the sum of one guinea for every substitute,
land man, or volunteer whose term of service shall so continue ; and in case and a like som
«idi term shall so continue for more than three years beyond the said term ^l^^^^^
of five years, then at the expiration of the said three years the said collector yean they shall
aiafl pay the like further sum of one guinea for every substitute, hired l^^w^d
mao, or volunteer whose term shall so further continue, and in like manner the five yean,
ai the expiration of every additional term of three years pay the like further
amn of one guinea (all which money so paid by the collector shall be allowed
him in his account) ; and the money so received by any captain or command-
ing officer, or so much thereof as such captain or commanding officer shall
think proper, shall be laid out in the maimer he shall think most advantageous
lor each respective substitute, hired man, or volunteer ; and such captain or
commanding officer shall, on or before the twenty-fourth day of the month
next ensuing that in which he shall have received such money as aforesaid,
acooont to such substitute, hired man, or volunteer how the said sum or sums
bave been applied and disposed of, and shall at the time of settling such
account as aforesaid pay over to such substitute, hired man, or volunteer the
remainder of the said money (if any) which shall not have been so applied,
disposed of, and accounted for.
CXXII. And be it further enacted, that if any person sworn and inrolled in Maimer of pro-
the said militia either as a substitute or volunteer (not labouring under any ^^sa^tnte
infirmity incapacitating him to serve as a militia man) shall not with due ®' ▼okmteer
diligence join the regiment or battalion of militia of the county, stewartry, or an^b^*
city, or place for which he shall be so sworn and inrolled (in case such raiment ■**{"** ^
or battalion shall then be embodied) according to such order as shall be given jeaiit,oorpoiai.
"*•-■
i
170
42 Qbobqe III c. 91.
A.D. 1801-2.
¥:
i
or drummer
shall desert or
absent himself
when militia
are embodied.
When the
whole number
of men enrolled
for any place
shall have been
ordered to be
embodied, if
any shall make
deraolt the
vacancies shall
be filled up by
ballot.
If his Mi^esty
shall order a
proportion only
him in that respect by the lieutenant or deputy lieutenants, or any of them,
or by any officer of the said regiment or battalion, or by any other person
authorized to give such order, or if any person serving in any embodied militia
as a substitute or volunteer, or any serjeant, corporal, or drummer, shall desert
or absent himself from his duty, every such serjeant, corporal, drummer, or
private militia man shall be liable to be apprehended and punished accordiDg
to the provisions of any Act which shall be then in force for the punishing
mutiny and desertion, and for the better payment of the army and th^
quarters, and of the Articles of War made in pursuance of the same, and may
by a general court martial be adjudged to fiurther service in the said militia
for some period to be limited, or to service in his Majesty's other forces without
Umitation as to the period or place of such service, according as the court
martial before whom he shall be tried shall think fit to direct ; and in case
the said court shall adjudge such militia man to serve in his Majesty's otha
forces, and such sentence shall be approved by his Majesty, it shall be la^ol
by order under the hand of the secretary at war or his deputy to caose
such man, if found fit for general service on examination by a surgeon of
his Majesty's other forces, to be entered as a private soldier to serve in sud
regiment or corps of his Majesty's other forces as shall be directed in sudi
order, or for general service, arid to be forthwith conveyed either to the head
quarters of the regiment or corps in which he shall be so entered, or to the
head quarters for recruits belonging to his Majesty's regiments on foreign
stations (as the case may require) ; and such substitute or volunteer shall, fix)m
the time of his being delivered over to be so conveyed as aforesaid, be subject
and liable to all the like penalties and punishments contained in any Act then
in force for punishing mutiny and desertion as if he had been originally enlisted
for general service, or for the regiment or corps in which he shall be so ordered
to be entered as aforesaid.
CXXIII. And be it further enacted, that whenever the whole number of
persons inroUed in the said militia for any county, stewartry, city, or place
shall have been ordered to be drawn out and embodied as aforesaid, and in
case any of the persons so ordered to be drawn out and embodied shall after-
wards make default either by not appearing in pursuance of any such order
as aforesaid or by desertion or absence from duty, and such person shall not
be taken within the space of three months from the time of such default,
desertion, or absence, then a vacancy shall be declared by the deputy lieu-
tenants at their first meeting to be holden for the subdivision for which such
person was inroUed next after the receipt of the certificate of such default,
desertion, or absence under the hand of the officer oonmianding the regiment
or battalion to which such person belonged, and the vacancy thus occasioned
shall be forthwith filled up by a fresh ballot.
CXXIV. And whereas it may be expedient that only such a proportion of
the militia, and in such of the counties, stewartries, cities, and places as shall
be specified in any order of his Majesty, should be drawn out and embodied
in the first instance, and that the appointment of the private men necessary to
constitute such proportion should be made or decided by ballot or otherwise
as herein-after mentioned in each subdivision or district, without assembling
them previously out of the subdivision or district to which they belong : Be
it therefore enacted, that the lieutenant of avery county, stewartry, city, or
iD, 1801-2.
42 Oeobge III. a 91.
171
plieo, or (in case of vacancy, or in ihe absence of the lieutenant from his
oomty, stewartiy, city, or place) any three or- more deputy lieutenants, to
whom any order of lus Majesty for the purpose of embodying the said militia,
orsueh part or proportion thereof as his Majesty shall have judged necessary
aoi ordered to be embodied, shall have been directed, shall, as soon after the
receipt thereof as conveniently may be, issue his or their order to the clerks
of the several subdivision meetings in such county, stewartry, city, or place
topiepare and make out a full and true list, containing the names of all
penons inroUed to serve in the said militia by virtue of this Act within each
nbdivision respectively, and arranged according to their classes as herein-
before mentioned, before a day to be specified in the said order of the
Geateiiant or deputy lieutenants as aforesaid, and which day shall not be later
Am three days after the date of such order ; and the said clerks shall, within
tktime fixed by such order, prepare and make out such lists accordingly, and
ibotwo duplicates thereof, one of which duplicates shall be for the use of the
depotjr lieutenants at their respective subdivision meetings, and the other
dopticate thereof shall be transmitted to the derk of the general meetings for
the use of the lieutenant of the county, stewartry, city, or place, or of the
deputy lieutenants, who shall have issued such order as aforesaid
CXXY. Amy be it further enacted, that the said lieutenant or deputy
IwQbssLts as aforesaid to whom his Majesty's order shall be directed shall,
liihe^ of issuing his or their order herein-before mentioned, also issue his
or thdr onler for assembling all the men of the said militia within their
repeetrre subdivisions, or at such place or places within their respective
em&8f stewartries, cities, or places, and in such proportions as to the said
SesieDaat or deputy lieutenants as aforesaid shall appear most expedient, on
tkdayor days to be. specified in such his or their order, to the chief con-
stables or other officers of such coimty, stewartry, city, or place, and to the
aehoolmasters, constables, or other officers of the several parishes and places
vithin the said county, stewartry, city, or place respectively ; and such school-
masters, constables, or other officers are hereby required, upon receipt thereof,
forthwith to cause notice in writing to be given to the several men of the said
militia, or left at their usual places of abode, within their respective parishes
(X places, to attend within l^eir respective subdivisions or districts at the
time and place mentioned in such order, and shall also cause a Uke notice
tiiereof to be affixed on the doors of the churches or chapels belonging to their
respective parishes or places, or (if any place shall have no church or chapel
belonging thereto) on the door of the church or chapel of some parish or place
thereunto adjoining, which notice shall be deemed a sufficient notice to every
person inroUed by virtue of this Act, notwithstanding any omission in the
deliyery of written notices in manner herein directed ; and all such militia
men ghall duly attend at the time and place appointed in such notices
respectively.
GXXVL And be it further enacted, that if any person of the said militia,
oot labouring under any infirmity incapacitating him to serve as a militia
man, shall not appear in pursuance of such order, or appearing shall not abide
the orders of the deputy lieutenants attending in pursuance of this Act, every
sodi person shall be deemed a deserter, and, if not taken previously to the
completion of the ballot at which such person ought to attend in pursuance of
of the nulitia
to be embodied,
the lieutenant,
&c. shall issue
orders to the
clerks of the
Bubdiyisions to
make oat lists
of aU persons
enrolled in each
subdivision by
a certain day ;
and he shaU
also issue
orders for as-
sembling the
men wiuiin
their respective
subdivisions,
whereupon
schoolmasters,
&c. shall cause
notice to be
given to men
to attend;
and notices of
the time and
place shall bo
affixed on the
church doors,
which shall Iw
Boffident notice.
Men not ap-
pearing or not
abiding the
orders of the
deputy lieu-
tenants to be
deemed de-
serters, fte.
172
42 George III. c 91.
A.D. 1801-2
I*
.
lieutenant, &c
,*
f
appoint the
first subdivi-
1
Bion meetings
for assembling
the men ; and
r
deputy lieu-
tenants shall
V.
cause a pro-
portion of the
men to be bal-
■«
lotted for and
their names to
be marked on
the list, which
is to be called
!■■•
over.
I. •
•• •
t.
I.
•
Names of the
persons chosen
shall be re-
turned to the
lieutenant, &c.
Time and place
of their as-
sembling shall
be decliu^.
Men not cho-
sen shall be. dis-
charged from
further attend-
ance.
Deputy lieu-
tenants may
correct classes.
this Act, shall forfeit the sum of ten pounds, and shall be deemed and taken
to be a person liable to be embodied within the intent and meaning of this
Act, and to- serve according to the directions herein contained, over and above
the nimiber to be chosen by ballot as aforesaid.
CXXVII. And be it further enacted, that the said lieutenant or deputy
lieutenants as aforesaid of every county, stewartry, city, or place, or any tiiree
or more of them, shall appoint, the first meeting to be holden by the several
deputy lieutenants of the same county, stewartry, city, or place within their .
respective subdivisions, or at such other place or places as shall have beea
appointed as aforesaid, on the day mentioned in such order as aforesaid, for
assembling the men of the said militia, in order to their being chosen or
ballotted to serve according to the directions of this Act, and shall also
appoint the time and place of assembling such of the said men as shall be so
chosen or ballotted within their respective counties, stewartries, cities, or
places, in order to their being embodied ; for which several appointments the
respective deputy lieutenants shall have notice ; and all the men inrolled on
the list of every such subdivision or district, and appearing in pursuance of
such order on the day so to be appointed, shall be then mustered by the sud
deputy lieutenants; and the said deputy lieutenants shall at such mee&g
proceed, in the manner by this Act directed, to cause a number of the menao
appearing to be chosen or ballotted for according to the directions of this Act^
equal to such proportion of the complete number that had been or ought to
be inrolled by virtue of this Act on the list of such subdivision or district as
shall or may be specified in his Majesty's order for drawing out and embodying
any part or proportion of the militia as aforesaid, and to cause the names of
all the persons chosen and ballotted to be marked on the list of such sub-
division or district ; and when the choice and ballot shall be concluded the
said deputy lieutenants shall cause the list of- sucli subdivision or district to
be publicly called, and, as the name of each person contained therein shall be
read, shall then and there declare whether such person is or is not (as the case
may be) chosen or ballotted out of such list in the manner herein-before
provided ; and the names of all the persons so chosen and ballotted shall be
returned to the lieutenant of the county, stewartry, city, or place for which
such pereons are inrolled, or to the deputy lieutenants, who shall have given
such order as aforesaid ; and the persons so chosen and ballotted shall be
embodied to serve according to the true intent of this Act ; and the said
deputy lieutenants shall openly declare to the men who have been so chosen
or ballotted the time and place of their assembling in order to their being
embodied ; and all and every such persons or person who shall have been
declared to be so chosen or ballotted shall immediately proceed and repair to
and shall duly attend at the time and place so to be appointed and declared,
in order to their or his being embodied accordingly ; and all and every such
persons or person as shall be so declared not to have been so chosen or
ballotted as aforesaid shall be discharged from further attendance in pursuance
of sudi order as aforesaid.
CXXVIII. Provided always, and be it enacted, that it shall be lawful for
the said deputy lieutenants in their several subdivision meetings, and before
they proceed to choose or ballot as herein-before directed, to revise and correct
the names of the men contained in such class or classes, according to the
AJ>. 1801-2.
42 Qeobge hi. c. 91,
173
severai changes or alterations that may have taken place since the last revisal
or oarreddon thereo£
CXXTX And be it further enacted, that whenever his Majesty shall think
fit to draw out and embody a part or proportion only of the militia of any
eovmty, stewartry, city, or place, the deputy lieutenants in their several sub-
divisions shall, before they proceed to choose or ballot for the private men who
are to form such part or proportion^ examine the classes of the descriptions
liexein-before mentioned entered according to the provisions of this Act ; and
in every case in which the part or proportion of the militia required to be
caDed out in such subdivision shall equal the nxmiber of men contained in
snch first, or first and second, or other succeeding classes, in their order, then
and in such case the men contained in such class or classes, as the case may be,
doll be forthwith chosen without any ballot ; and when the proportion of men
80 required as aforesaid shall be less than the number of men contained in
HKh first dasSy then such proportion shall be ballotted for out of such class
odIj, and no other ; and when the proportion so required as aforesaid shall
aeeed the number of men contained in the first, or first and any succeeding
das or classes» in the order in which they shall so stand as aforesaid, the
deyuty Eeutenants shall first choose all the men in such first class, or first and
Kxtracoeeding class or classes, luitil such proportion shall be, as near as may
lejCmsj^eted, and shall then proceed to ballot in manner directed by this Act
totlkieoiainder of the proportion so required as aforesaid out of the class
imme&tcfy following the last class that shall have been wholly taken towards
Mkii^ op such proportion as aforesaid ; and the deputy lieutenants shall
pwsea/ia like manner for the supplying of any further part or proportion of
BaStkineaae any further part should be afterwards ordered by his Majesty
to he embodied, and shall, during the whole of the time that a part or propor-
Hm only of the militia shall remain embodied, supply all vacancies as l^ey
siiall arise in such part or proportion out of the classes as they stand in
soooession, and shall in no case proceed to ballot for the supplying of any
vacancy out of any class until all the men contained in the preceding class or
eJasses who shall be able and fit to join such militia shall have been (^osen for
tbat purpose.
CXXX. And be it further enacted, that whenever the militia or any part or
!• proportion of the militia of any coimty, stewartry, city, or place shall have
been ordered to be drawn out and embodied in pursuance of this Act, in case
any of the persons imx>lled in any subdivision of such county, stewartry, city,
or place, the militia whereof shall be so ordered to be drawn out and embodied
as aforesaid, shall make default either by not appearing in ptirsuance of any
such order as aforesaid or by desertion or absence from duty, and such person
shall not be taken within the space of three months from the time of such
de&ulty then a vacancy shall be declared by the deputy lieutenants at their
first meeting to be holden for the subdivision for which the person so Tnfl.lring
default was inroUed next after the receipt of the certificate of such default^
desertion, or absence under the hands of the officer commanding the regiment
or battalion to which such person belonged, and the vacancy thus occasioned
diall be forthwith filled up by a fresh ballot within the subdivision aforesaid
CXXXT. And be it further enacted, that if any person inrolled by virtue of
this Act and not chosen or ballotted as aforesaid, who shall not have any child
Manner of pro-
ceeding by the
depaty lieu-
tenants when
only a part of
the militia is to
be embodied.
If any man en-
rolled in any
subdivision of
a county, the
militia whereof
shall be or-
dered to be
embodied, shaU
desert, the
vacancy shall
be fiUed up by
a fresh ballot.
Certain persons
enrolled, and
not chosen,
r
174
42 Geobge III. c. 91.
A.D. ISO! -2.
may beac-
Tolimteen Id
the place of
HenBttendiog
at the ballot,
and not being
chosen, ahall
be paid b j the
clerk one ehil-
hag per diem
nlule from
home, which
the collector of
Gierke may
draw upon the
collectors, by
order of the
deputy Uen-
and paid, to
be examined
and allowed.
HisH^eaQr
may order the
remainder of
When a fiirther
proportion of
the militia \b to
or children living under the age of fourteen years, and who shall not U icdre
than thirty-five years of age, shall offer himself as a volunteer to 1xi <lmwn
out and embodied in the room of any person so chosen or ballotk-d, it A^vM I.
lawful for the deputy lieutenants at any meeting to accept such voluiu. < H
the room of such p^'son so chosen or lallotted as aforesaid; anrl ;^i.ic1i |' r d
BO accepted shall serve as if he had himself been so chosen or Ijallutt'."] m
manner aforesaid.
CXXXII. And be it further enacted, that every man of the- said militia
who shall appearand attend at the baUottobe taken as herein-liLfoie diivttvi],
and who shall not be chosen or ballotted as aforesaid, shall be cntiilil in au
allowance, after the rate of one shilling per diem, during the tiinu ht-. AiM )•;
necessarily employed from home in going to and continuing at iiiid ivtiiniin^
&om the place to be appointed for such ballot, not to exceed thref ila^^ i-.
be paid by the clerk of the subdivi^on or other meeting in which sutli ie'Ii
shall be inrolled ; and on the certificate of the number of men so \-ah], wi^^r
the hands of such deputy lieutenants and justices of the peace rcupectivdy,
or where no deputy lieutenant shall there attend, then of any two or more
such Justices of the peace as aforeeaid, the collector of the land tax for satb
county, stewartry, city, or place shall rdmbnrse to the sud clerk tho Biimsj
paid out of any monies in his hands of any lud granted by Parli^imfntbf
way of land tax.
CXXXIIL Abd be it further enacted, that the respective clerks of tie
subdivision or other meetings shall be and they are hereby aiitliorized anit
empowered to draw on the collector of the land tax for the county, .■itewartrr,
city, or place for such sum or sums of money aa such deputy lioutenanta anJ
justices of the peace respectively, or where only one deputy lieutciarit sfudl
attend as such deputy lieutenant, or where no deputy lieutenant ^IkiII att^nJ,
then as any two or more justices of the peace shall, by any order inidi.-r tlicir or
bis respective hands or hand, direct and appoint, which sum or sums nfiiiuii?y
shall be applied by such respective clerks for paying the allowanuLS hprein-
before directed to be made; and the receipt of any such clerk, tui^ethor witi
such order, shall be to the said collector of the land tax a sufficient distliarge
for the payment of such sum or sums of money, and be allowed in lii* account
CXXXIV. AMD be it further enacted, that the clerk of each anlnlivision or
other meeting shall, when required by such deputy lieutenants and jii^ticca o^
the peace, or where no deputy lieutenant shall attend, then by any two at
more justices of the peace, make out an account of the respective sums rf
money by him received and paid in purauance of this Act, to 1 le tiy tlien
examined, allowed, and signed; and tiie account so examined, :illrA\'e<l, »^
signed shall be and is hereby directed to be the proper voucher and acquittil
of such clerk for the application and disposal of such money.
CXXXV. Amd be it farther enacted, that nothing herein contained shaB
be construed to debar his Majesty from ordering the remainder of the
militia, or so many of the remainder of the said militia of nny cuoiity,
stewartry, city, or place as bis Majesty shall in his wisdom tliink inoper, to
be drawn out and embodied whenever the occasion shall require, ;iccoriHng to
the provisions prescribed by this Act
CXXXVL And be it further enacted, that whenever his Mtyesty shall tliiok
fit to draw out and embody any further proportion of the militia of any
AJ). 1801-2.
42 George III. c: 91.
175
cODDty, stewaitry, city, or place it shall be lawful for the lieutenant of such
eoonty, stewartiy, city, or place, or three or more deputy lieutenants as afore-
nid, and he and they is and are hereby respectively required to cause such
fbrther proportion to be drawn out and embodied as his Majesty shall order ;
and in so doing such lieutenants and deputy lieutenants respectively, and
ibo all and every H^q deputy lieutenants and all other officers aforesaid re-
Sfud&vekjy shall pursue the rules and directions herein-before prescribed for
tewing out and embodying the first proportion thereof.
CXXXVLL And be it further enacted, that if during such time as any part
of tbe nnlitia which shall have been drawn out and embodied for service shall
eoDtinue embodied, his Majesty shall deem it expedient that the militia of any
eranty, stewartiy, city, or place, or any part thereof, which shall not at such
tame be actuaDy embodied for service, should be drawn out in order to be
mustered, trained, and exercised for a limited time, instead of being so
embodied for service according to the provisions of this Act, it shall be lawful
brhis Majesty to direct the lieutenants or deputy lieutenants of all or any of
ibe said counties^ stewartries, cities, or places to cause the said militia not
adoaJly embodied, or any part thereof, to be drawn out in order to be
nnsteied, trained, and exercised, in such proportion and for such time and at
mdi plaee or places as shall be appointed, with the approbation of his Majesty,
by Ikfieatenant or deputy lieutenants, in manner as is herein-before directed
tor tDimng and exercising the disembodied militia, and the same shall be
iBBstoeikained, and exercised accordingly.
CXUFIIL And be it further enacted, that whenever the whole of the
J^tkci any county, stewartry, city, or place is ordered to be embodied, all
the officers, non-commissioned officers, and drummers of every regiment or
bi^afiGQ of militia of such couniy, stewartry, city, or place shall immediately
jam tbe regiment or battalion to which they respectively belong, at the time
ud plaee appointed for the embodying such militia ; and whenever the militia
<ii any county, stewartry, city, or place is called out and embodied by detach-
ments or divisions under any order of his Majesty for that purpose, pursuant
to tbe provisions of this Act, it shall be lawful for his Majesty to order and
direct the proportion and description of officers, non-commissioned officers, and
dmmmers who shall accompany such detachments or divisions of men, and the
feq)ective establishments of such detachments or divisions, and also to regulate
the nombers and duties of all such officers, Serjeants, corporals, and drummers
as shall remain within any such county, stewartiy, city, or place, for the
mustering, training, and exercisiDg of the remainder of the private militia men
thereof, as the service may require, and to his Majesty may seem most fit and
eoDvenient.
CXXXTX, And be it further enacted, that it shall be lawful for his Majesty
firom time to time, as he shall think fit, to disembody any part or propcn-tion
of any militia of any county, stewartry, city, or place embodied under this
Act, and fix>m time to time again to draw out and embody any such militia so
disembodied as aforesaid, or any proportion thereof aa to his Majesty shall
aeem necessaiy, according to the rules and provisions of this Act
CXL. And be it further enacted, that when the militia or any part thereof,
having been so drawn out into actual service as aforesaid, shall be again duly
disembodied, and the officers and men thereof dismissed to return to their
be embodied,
the lieutenant,
&CBhall panne
the roles pre-
scribed for
embodying the
first propor-
tion.
While any
part of the
militia shall
continue em-
bodied, his
Majesty may
ordLer any not
embodied to
be drawn out,
to be mustered,
trained, and
exercised.
When the
whole militia
of any county,
&C. is ordered
to be embo-
died, an the
oifioers, noD-
commissioned
officers, and
drummers
shall join; and
when a part,
such a propor-
tion of them
as shall be
ordered by his
Mfjesty.
may disembody
and again em-
body Uie militia,
asshaU
Kilitia, when
disembodied,
to be subject
to tbe same
1
>
t:
«
r
otders only as
before being
drawn out.
K
i.-'
|4
fl
176 42 George III. c. 91. A.D. 1801-2.
several places of abode, the officers, non-comxnissioned officers, drummers, aad
private men sha;ll be subject to the same orders^ directions, and engagem^ts
only as they were subject to under the provisions of this Act before they were
so drawn out into actual service as aforesaid.
CXLI. And whereas it may be expedient that in all cases of actual invasioa
or of imminent danger of invasion, and in case of rebellion, his Majesty should
be empowered to increase, without delay, the number of militia forces, for the
fk In case of in- more effectual protection and defence of this realm ; Be it therefore enacted,
K beiUon^hisMa- ^^^ ^^ shaR be lawful for his Majesty (the occasion being first communicated
|;^ jesty may, by to Parliament, if Parliament shall be then sitting, or declared in council and
fncreMe^the"' notified by proclamation, if no Parliament shall be then sitting or in being)
militia by any to order and direct, by his royal proclamation, that,. in addition to the number
notwM^eding of men required by or under the foregoing provisions of this Act to be raised
half the number w the several counties, stewartries, cities, and plaX;es herein mentioned, there
rcomred bv this
Act, and the shall be forthwith raised and inroUed in the said several counties, stewartries,
Ueutenants and cities, and places any number of men, not exceeding the proportion of one half
tenants shall of the whole number of men before required by or under this Act to be raised
apportion the ]yy ^g^j^ county, stewartry, city, and place ; and the lieutenants and deputy
;•-' proceed' to lieutenants respectively of the said counties, stewartries, cities, and places sluli^
r ^^ ^tim'^^^ immediately on the issuing of any such proclamation, assemble and forthwii
|- specified in the proceed to apportion the number of men required to be raised in their respee* I
proclamation, ^j^^ counties, stewartries, cities, and places among the several parishes or
places therein respectively, and shall thereafter proceed to raise and inrol such
men at such time or times as shall be specified for that purpose in such pro- ^
>'' clamation; and all the powers, provisions, regulations, rules, penalties, for- .
feitures, bounties, allowances, clauses, matters, and things in this Act contained
relative to the militia shall be applied, practised, enforced, and put in execution
for the raising, training, and exercising, and for the embodying and calling out
into actual service the supplementary militia so ordered and directed to be
raised and inroUed, in as full and ample a manner in every respect, as far as
the same can be applied and put in force, as if the said number of men so added
to the militia had been included in the number of men required and directed
to be raised by virtue of this Act.
When the sup- CXLII. And be it further enacted, that whenever his Majesty shall cause
militia is raised, the supplementary militia to be raised or inroUed or drawn out and embodied
^^^?^^ as aforesaid, if the Parliament shall then be separated by such adjournment or
proclamation prorogation as will not expire within fourteen days, his Majesty may and shall
^fV^H™^**t^ issue a proclamation for the meeting of the Parliament within fourteen days,
withm fourteen and the Parliament shall accordingly meet and sit upon such day as shall be
^^®" appointed by such proclamation, and continue to sit and act in like manner
to all intents and purposes as if it had stood adjourned or prorogued to tbe
same day. j
may?^^the CXLIIT. And be it further enacted, that it shall be lawful for his Majesty j
supplementary from time to time, whenever he shall deem it expedient to reduce the whole
privates shaU^ or any part of the supplementary militia, by his royal proclamation to declare j
remain liable guch reduction accordingly, and, in case the said supplementary militia or any j
shfJl'supp^ part thereof shall be then embodied, to disembody the same, or any number of I
vacancies in private militia men equal thereto, without regard to whether such men were j
the places for ^,_ _, ,, ,. /. i.»'/» •• x-l i^nJ
which they raised and inroUed m pursuance of any proclamation for raising the suppiemen- i
were enrolled ; i
iR 1801-2.
42 Geobgk III. a 91.
177
tuj militia, or were inrolled before and were serving at the time of the issuing
thereof; and the private militia men so disembodied as aforesaid, or so many
of them as may have been inrolled and not embodied at the time of issuing
such proclamation, shall nevertheless remain liable to serve for the respective
periods for which they shall have been respectively inrolled to serve, and shall,
dazing such periods, supply all the vacancies that may arise in the respective
parishes or places, or united parishes or places, for which they shall have been
so inrolled, whenever called upon so to do ; and the deputy lieutenants of the
re^)6ciLve subdivisions shall from time to time cause any man or men, as the
eftB6 may be, that may be required for supplying any vacancy or vacancies in
the established militia that may arise for any parish or place or united parishes
cr places in their respective subdivisions, to be taken from their respective
dasses as aforesaid, or ballotted, as the case may require, according to the pro-
Tisions in this Act contained relating to the taking men for the militia from
daaaes, until all the men so remaining liable and that shall be fit to serve shall
Ittve supplied such vacancies : Provided always, that no ballot shall take place
for the raising and inroUing any man to supply any vacancy that may arise
for any parish or place so long as the same can be supplied from any men or
Vy any man then inrolled for such parish or place that shall remain liable
asdk fit to serve : Provided also, that no man so remaining liable to serve as
iforeaaid for any parish or place shall be called upon or be liable to supply any
vMttcy arising for any other parish or place than that for which he shall be
origiittfiy inrolled to serve under the provisions of this Act : Provided also,
tkt flosach man so remaining liable to supply such vacancy as aforesaid shall,
dsriog the time he so remains liable, be capable of being enlisted into his
iti/estjr's regular forces.
Clljy. And be it further enacted, that where the militia shall \^ increased
in maimer above directed, the men raised and inrolled for such supplementary
militia shall be added to and make part of the regiment or battalion of the
eoimtjr forming of itself one regiment or battalion, or of the regiment or bat-
taL'oQ composed of the counties, stewartries, cities, or places for which they
ihall be so raised and inrolled ;and the additional number of captains, lieu-
tenants, and ensigns, Serjeants, corporals, and drummers^ necessary for such
fiopplementary militia, shall be appointed in the manner above directed in the
ease of the regiment or battalion of militia to which such supplementary militia
shall be added.
CXLV. Provided always, and be it further enacted, that no regiment shall
be composed of more than twelve companies, and that no regiment, consist-
ing of leas than one thousand private men, shall be formed into more than ten
oompaniea.
CXLVI. And be it further enacted, that in every regiment or battalion
which shall be increased by such supplementary militia to the number of eight
hundred private men, or upwards, one major shall be added to every such
regiment or battalion, so that to every regiment or battalion so increased to not
less than eight hundred private men there may be one colonel, one lieutenant
colonel, and two majors.
CXLVII. And be it further enacted, that where two or more counties,
stewartries, cities, or places are joined together to form a battalion, such
VOL. IV. M
and no ballot
shall take place
while vacancies
for such places
can be supplied
from them ;
but they shall
not be liable
to supply YSr
cancies for any
other places.
The supple-
mentary militia
men shall make
part of the
regiment of the
county, &c. ;
and additional
officers, &c.
shall be ap-
pointed.
Number of
companies to
a r^ment.
An additional
major to be
appointed to
every regiment
increased to
800 privates.
By whom the
additional
major shall be
appointed.
178
42 Oeobge III. a 91.
A.D. 1801-2.
As to the ap-
pointment of
field officers.
lieutenants,
&e. shall trans-
mit certified
returns of the
militia, and of
the times of
exercise, to the
cler^ of the
commissioners
of supply
annually.
If none are re-
ceived, clerks
shall certify
the same.
Where the
quota of any
county, &c
shall not be
raised within a
limited time,
10/. shall be
paid annually
for each man
dcsfident, for
which the com-
missioners of
supply shall
make an as-
sessment on
the county, &c.,
according to
the vala^ rent.
additional major of every such regiment or battalion increased to dight him-
dred private men or upwards shall be' appointed by the lieutenant of the
county, stewartry, dty, or place furnishing the greatest number of private
men ; aad where one county, stewartry, city, or place of itself forms one hat-
taUon, then such additional major shall be appointed by the lieutenant of tiie
county, stewartry, city, or pla^ forming such battalion.
CXLVIII. Provided always, and be it further enacted, that where any
coimty, stewartry, city, or place does not fiirnish men sufficient to form a
company, the lieutenant of such county, stewartry, city, or place shall not
appoint any such additional field officers.
CXLIX. And whereas it may happen, through neglect or otherwise, that in
some county, stewartry, city, or place the militia may not be raised according
to the directions of this Act, and it is just and reasonable that all his Majesty's
subjects should contribute equally towards the expence of raising and support-
ing a militia for the defence of the realm : Be it therefore further enacted,
that the lieutenant or any three deputy lieutenants of every county, stewartry,
city, and place where the militia shall be raised according to the directions of
this Act, shall, on or before the twenty-fifth day of December in every year,
transmit a certificate to the clerk of the commissioners of supply of suck
county, stewartry, city,* or place, containing an account of the names, number,
and rank of the officers, and the number of non-commissioned officers, drum-
mers, and private men of the militia of that year, and the time during which
such militia hath been trained and exercised ; and every such clerk of supply
shall deliver such certificate to the commissioners of supply at their general
meeting to be held in the month of April in every year, and the same shall
be kept amongst the records of such meeting ; but where no such certificate
shall be received by the clerk of supply as aforesaid, he shall certify the same
under his hand to the commissioners so assembled, and such certificate of the
said derk of supply shall be kept amongst the records of such meeting.
CL. And be it further enacted, tihat in every county, stewartry, city, or
place in which the fall number of men required by or in pursuance of any of
the i provisions of this Act as the quota of such county, stewartry, city, or
place shall not be raised and completed within six months after the passing
of this Act, or after the same shall have been fixed and established by any
subsequent order of his Majesty in coimdl as herein-before directed, then and
in every such case the sum of ten pounds shall be annually paid for and in
lieu of every private militia man less than the quota of such county, stewartry,
city, or place, who shall not have been raised within the time limited by this
Act ; and the commissioners of supply of every such county, stewartry, city,
and place, assembled at the fiLrst general meeting held in the month of April
in each year next after the expiration of the said six months, shall, upon the
receipt of the certificate of the lieutenant or three deputy lieutenants, which
certificate he and they is and are hereby required to tnansmit to the derk <^
the commissioners of supply for such county, stewartry, dty, or place, in order
to be laid before the said commissioners of supply, assess the said sum of ten
pounds per man as aforesaid upon every such county, stewartry, dty, or place,
according to the valued rent thereof ; and in case at any future time the
number of men required to be provided for the militia of any county, stewartry,
AJ). 1801-1
42 Qeoboe III. a 91.
179
eiiy, or place, aocoiding to the several provisions of this Act, shall not be pro-
vided within three calendar months after the lieutenant or any one of the
ikree deputy lieutenants shall have had notioe from or by the order of the
eammaDding officer of any regiment or battalion of such militia of any such
de6ci0icy, then and in every such case the commissioners of supply aforesaid,
assemUed at the first meeting to be holden for the county, stewartry, city, or
phoe after saeh deficiency shall have been made known to them by the lieu-
ieiuuit or deputy lieutenants as aforesaid, shall rate and assess upon the valued
rent as aftresaid the like sum of ten pounds for every man so deficient as
afoesaid in every county, stewartry, city, or place.
CLL Akd be it further enacted, that the commissioners of supply aforesaid,
in makiiig any such rate and assessment upon the whole of any county,
fltewsrtry, city, or place, shall apportion the sums so to be assessed as afore-
aid, and rate and assess the same upon the valued rent of the several parishes
and places in such county, stewartry, city, or place, in the same proportions in
wbich the men for the militia are required to be raised by such parishes and
phtts respectively, according to such apportionment as may have been made
thereof in pursuance of this Act, or to the last apportionment that shall have
beenniade of men to be raised by each parish and place.
CLU And be it further enacted, that when in any county, stewartry, city,
v^sach deficiency of men shall arise from the de&ult of any particular
|tti« place or parishes or places in such county, stewartry, city, or place,
mootimiiig the proportion or respective proportions of men required to be
niftdb^ any such parish or place or parishes or places, then and in such cases
ii^aideomniifisioners of supply, in making such rate or assessment as afore-
' sti, shall rate and assess all and every such sum and simis of money upon
tk?ifaied rent of such parish or place, parishes or places that shall have so
iBade de&ult as aforesaid, in proportion to the number of men by which each
fi soeh parishes or places shall fidl short of the number of men required to be
nised therein.
CLni. And be it further ^aacted, that the commissioners of supply as-
sembled at such meeting as aforesaid, failing or neglecting to make such
i*te or assessment in the manner by this Act directed, shall be personally
liable in a penalty equal to the sum for whicb such rate or assessment ought
to be 80 made, to be recovered by a summary complaint to be made to the
sheriff or Stewart depute at the instance of the lieutenant or any two deputy
lieutenants of the county or stewartry in which such rate or assessment ought
to be 80 made, where such coimty or stewartry of itself forms a regiment or
battahon, and where two or more counties, stewartries, cities, or places are
joined together to form a regiment or battalion, then at the instance of the
lieutenant or any two deputy lieutenants of any of the counties, stewartries
cities, or places composing such raiment or battalion ; and the sums so reco-
vered shall be paid and applied in the same manner as such rate or assess-
ment, if made and levied, would have been paid and applied.
CLIY. Amb be it further enacted, that in all cases where there is not suffi-
cient evidence of the valued rent of lands in any county or stewartiy, the
ueessments and apportionments thereof hereby directed shall be made aocord-
^ to the customary payment of the land tax.
M 2
Assessments
upon ooonties
shall be made
on each parish
proportionaUy
to the nomber
of men it is
required to
raise.
When the de-
ficiency shall
arise in any
particular
parish or
parishes, the
assessment
shall be made
thereon.
Conmiissioiiers
of sapplj fiul-
ingto nmke
such assesa-
menta shall be
personally
liable lor the
amount, which
may be re-
covered by
summary com'*
plaint to the
sheriff or
Stewart depute.
Inabtenoeof
evidence of
valued rent.
shall be made
according to
land
n
180 42 Geoege III. C. 91. A.D. 1801-1
CLV. And be it further enacted, ih&t in the case of cities, royal burgk,
' and towns liable to pay such assessment or an apportionment thereof an
u the c«8B aforesaid, the magistrates thereof shall and they are hereby authoriziKl to
■'®°*' levy from the heritors, bvugessea, and inhabitants of such cities, burghs, and
towns, their proportion of such assessment or apportionment thereof, in such
manner and in the same proportions as the cess stent and other public liur-
thens and contributions are in use by law to be assessed and levietl in such
cities, burghs, and towns respectively.
MaristrftteB CLVI. And be it further enacted, that in case the magistrates of any citv,
^eau^ " burgh, or town shall neglect or refuse to stent and assess the heritors, bur-
^1^A*°"h'ii g®^^' ^^^ inhabitants thereof for such assessment or their ap[iri!iii,iui])ent
be pereonaiiy thereof, then the magistrates of such city, burgh, or town so neglecting st
liable for the refusing shall be personally liable in a penalty equal to the said assessiDLut
may be re- Or their apportionment thereof, to be recovered by summary complaint to tlii'
coTcred by sheriff or Stewart depute of the county or stewartry in which such city, liuri'L,
BannnAry com- ^ j - j ^ ' c
plaint to the Or town is situated, at theinstance of the collector of the land tax df tlu'
B^imt'depute County, or stewartry entitled to relief by such assessment or aj'i'"ii!iimjjoH
thereof; and the sum so recovered shall be paid and applied in the some
manner as such assessment or the apportionment thereof, if niado, wiujl
■ have been paid and applied.
Hodeofasac«&- CLVIl. And be it further enacted, that where parishes are partly landwmd
nu^hes are *^'^ partly within burgh, the landward part of the parish shall be cuns>idcnJ
parttfland- as part of the county or stewartry liable for the above-mentioned rate rr
partly within assessment or its apportionment thereof, and the part within burgh shall l*
bnrgh. included in the assessment for the burgh.
Commissionew CLVIII. And be it further enacted, tiiat tiie commissioners ol supplv rf
trsfl^mk^the t^® Several coimties, stewartries, dties, and places where any such rau anl
amounts of assessment shall be made as aforesaid shall, immediately after tb*. makin,' f
to Uie coUector ^'^Y such rate and assessment as aforesaid, transmit or cause to bu tranymtttJ
of the lajidtai, the Several amounts of the sums so assessed upon the several [Mirishc- anJ
notice to ibe places to the collector of the land tax of such county, stewartry, city or placi
pereooB as- j^^ sai^ collector shall, as soon as convenientiv may be, catise notici th f
scssed, and , . • ^ ■, • ^
' \evy the same, to be given to the respective persons in the several parishes and jilaccs u]ioii
which any such rate or assessment shall have been made as afuiciaid, ami
such collector shall forthwith levy and collect the same in such manner as be
levies and collects the cess or land tax,
^^^"^^ CLIX. And be it further enacted, that the collector or collectors levying
money in thrar and Collecting any such sum or sums of money shall retain such sum or mutib
m^H*^ of money in his or their hands for three calendar months after the receijit
pay thereout thereof; and during tiie said period of three months it shall be lawful for any
volunteere"^^ deputy lieutenant of the subdivision of the said county, stewartry, city, or
the deputy heu- place, within which such parish or place shall be situate, to raise any vulun-
raise within tecr or volunteers for such militia in lieu of such man or men as shall be i*"
that period for deficient as aforesaid, and to agree with every such volunteer for a Iwunty nut
denciea, and exceeding the sum of ten pounds ; and the deputy lieutenants before whom any
bHW^fa^^ha ^^'^ volunteer shall be duly examined, approvedl, sworn, and inrolled to sene
receircr gene- in the militia shall make an order upon such collector or collectors for the
Sfli* *"'" payment of such bounty ; and upon the production to such collector or collec-
A.D. 1801-2.
42 George III. c. 91.
181
iois of a certificate, under the hands of such deputy lieutenants as aforesaid,
of any such volunteer having been duly examined, approved, sworn, and in-
roQed to serve in the militia, and of such order for the payment of such
boimty as aforesaid, and of a certificate under the hands of the commanding
officer of any regiment or battalion of militia of such county, stewartiy, city,
or place, of such man having joined his regiment or battalion, such collector
or collectors shall and he and they is and are hereby respectively required
to pay out of such money in his or their hands as aforesaid any sum of
mmey, not exceeding the said sum of ten pounds, for each of such volunteers
as aforesaid ; and such collector or collectors shall, at the expiration of three
months after the receipt of such money as aforesaid, pay all sums of money
as may have come into his or their hands for and on account of any sudi
fines as aforesaid, and as shall not have been paid for and on account of any
lodi volonteer as aforesaid in manner herein directed, to the receiver general
of Scotland in the same manner as such collector or collectors pay the cess
or land tax levied by them to such receiver general, who shall keep an account
tbereof as herein-after directed.
CLX. And whereas there are some towns and places which lie in two
emmties or srtewartries, and doubts may arise whether such towns and places
IR dUiged to pay to both counties or stewartries towards raising the said
noDey: Be it therefore further enacted, that where any town or place lies
lA two counties or stewartries, or part thereof in a county and part in a stew-
trtnr, the proportion of the said money to be paid for such town or place in
iKQcfnising the militia as aforesaid shall be paid to the collectox- of the land
^ of the county or stewartry wherein the chiuxsh of such town or place is
atoate.
CLXL Aj^d be it further enacted, that every collector of the land tax to
wluxa any such money shall be paid shall give a receipt for such money to
the person or persons paying the same, which receipt shall be a sufficent
(iisdiaige for such payment ; and that when the whole sum directed to be
nised in any county, stewartry, city, or place as aforesaid shall be paid into
the hands of the receiver general for Scotland in pursuance of this Act, such
payment shall be a full discharge and indemnification to such county, stewartry,
dty, or place for the failure or neglect in raising and training the number of
men of the militia for the year in respect whereof such payment shall be
made ; and the receiver general of Scotland shall, within ten days after the
receipt of any such money, certify such receipt to the lord high treasurer and
OMnmissioners of his Majesty's Treasury, and forthwith pay the same into the
receipt of his Majesty's Exchequer at Westminster ; and the money so paid
into the Exchequer shall be kept separate and apart from all other money, and
^lall be accounted for yearly to Parliament, and disposed of as Parliament
shall direct ; and no fee or gratuity whatsoever shall be given or paid to any
ofiicer of the Exchequer for or on account of receiving or issuing any such money.
CLXn Provided always, and be it further enacted, that the collector of
the land tax of every county, stewartry, city, or place in which any such
money shall be raised as aforesaid shall be allowed for his pains and trouble
the sank of one penny in the pound upon the whole sum so by him received
and paid ; which allowance every such collector is hereby authori2^ to detain
Payment of
assessment for
places which
lie in two
ooonties.
Gollecton shall
giveieeeipts
for monejs
paid; and
when the whole
assessment
upon any
county, &c. is
paid, it shall he
indemnified for
not raising its
quota of men ;
and the re-
ceiver general
shall certify
the reodpt
thereof to the
Treasury, and
forthwith pay
it into the
Exchequer, to
be disposed of
by Fferliament.
Collectors may
retain Id. per
pound of the
money they
receive^
i.
1
I
182 42 Georgk hi. c. 91. A.D. 1801-2.
in bis hands out of tho money so received by him, before payment made to the
receiver genial of Scotland as aforesaid.
Clerk of supply CLXIIL And be it further enacted, that the clerk of supply for every
^a^o^tes county, stewartry, city, or place shall and he is hereby required, within fonr-
of certificates teen days next after the first meeting of the commissioners of supply to \»
th^rat^M^t, ^®ld ^®^*^ ^'^^^^ ^® twenty-fifth day of December yearly, to transmit to the
or if they are lord chief baron and other barons of his Majesty's Court of Exchequer in
shall certify' Scotland, and also to the collector of the land tax for such county, stewartry,
erach omission, dty, or place, a copy, signed by such derk of supply, of every certificate which
barons of he shall have received from the lieutenant or any three deputy lieutenants of
Exchequer and q^q}^ county, stcwartry^ city, or place as aforesaid ; and where such certificate
land tax, &c. ; shall be omitted to be delivered, the clerk of supply shall certify such omission
to the lord chief baron and other barons of his Majesty's Court of Exchequer
in Scotland, and also to the collector of the land tax, and that sudi derk
of supply hath certified the same to the commissioners of supply at snch
meeting and required such commissioners to proceed according to the diree^
tions of this Act ; and such clerk of supply shall also certify what proceedings
have been had at such meeting in relation to the assessing and raising of tb
and if com- said money where the militia shall not have been raised ; and in case such com*
soppiTn^tect missioners of supply shall omit, neglect, or reftise to proceed to raise the said
to raise the money according to the directions of this Act, then the derk of supply of snch
r^„1?e^r county, stewartry. dty, or place shaU and he is hereby required, within fourteen
*^® .^rk shall (Jayg next after sudi general meeting, to certify to his Majesty's attorney
toS^Kin^^ in Exchequer in Scotland such omission, neglect, or refusal of such commis-
attomeyin Ex. gioners, and the names of the commissioners who shall be present at such
chequer, who • -n i •<.•!. .
shall compel meeting ; and the Kmg s attorney in Exchequer is hereby required, on receipt
them to do it. ^f ^^^^ certificate, forthwith to proceed, by all such legal ways and means as
shall be most effectual and expeditious, to compel such commissioners to pay
due obedience to this Act, and to cause the said money to be' raised, collected,
and paid.
If 10/. per man CLXIY. AND be it further enacted, that if the said sum of ten pounds per
ha ^y S^ man to be raised and paid in any such county, stewartry, city, or place as
and paid into aforesaid shall not be levied, collected, and paid into the Exchequer at West-
his M^es^s^^* minster in manner herein-before directed, his Majesty's attorney in Exchequer
attorney in in Scotland is hereby required forthwith, upon knowledge or information
shall wS^i it. tiiiercof, to proceed, by all such legal ways and means as shall be most effectual
and expeditious, to compel the levying and collecting of such money, and the
payment thereof into the Exchequer as aforesaid.
Penalty for CLXV. And be it further enacted, that if any clerk of supply shall reftise
b^dorks of°*^ ^^ ^ilfully neglect to receive, deliver, make, record, or transmit any sud
snp^y, col- certificates as aforesaid, according to the directions and true meaning of this
tax, chief con- -^^^^ every such clerk of supply so offending shall for every such offence forfeit
stables, &c. and pay the sum of one hundred pounds, and shall also forfeit his office, and
be rendered incapable of having, receiving, or holding any office of trust, civil or
military, under the crown ; and if any collector of the land tax, chief constable,
petty constable, or other officer, who ought to act and assist in the raising and
collecting of the said money, shall wilfiilly omit, neglect, or refuse to act or
assist therein, according to the directions and true meaning of this Act, every
'
A.D. 1801-2.
42 Geoboe III. c. 91.
183
sudi collector of the land tax so offending shall for every such offence forfeit
and pay the som of two hundred pounds, and every such chief constable so
offending shall for every such offence forfeit and pay the sum of fifty pounds,
«od every such petty constable and other officer so offending shall for every
sndh offence forfeit and pay the sum of twenty potmds ; and the King's
m&amsy in Exchequer aforesaid shall and he is hereby required forthwith to
lay the same before his Majesty's advocate for Scotland, who is also hereby
required, with all due diligence, to prosecute with effect all such commissioners
of supply, collectors of the land tax, and other officers who shall omit, neglect,
or lefdse to perform the duty required of them respectively by this Act,
tonduDg the raising, collecting, and pa3ring of the said money ; and in case his
Majesty's attorney in Exchequer aforesaid shall wilfiiUy omit or delay to
pioeeed against any such justice of the peace, collector of the land tax, or other
officers as aforesidd, he shall for every such offence forfeit and pay the sum of
fi^ bondred pounds.
CLXVX And be it further enacted, that the provisions of an Act passed in
ihe twenty-fourth year of the reign of his late Majesty King George the
Second, intituled " An Act for the rendering justices of the peace more safe in
'^ fte execution of their office, and for indemnifying constables and others
• ading in obedience to their warrants," 1*1 shall extend to all his Majesty's
loentaniits and to all deputy lieutenants acting in the execution of this Act, in
fibmmier and as folly and effectually as the same extend to justices of the
peace ading in the execution of their office.
CUlTLL And be it further enacted, that the acceptance of a commission
m the nulitia shall not vacate the seat of any member returned to serve in
Arfiament.
CLXVili. And be it further enacted, that no officer, non-commissioned
officer, drunmier, or private man of the militia shall be liable to any penalty or
punishment for or on account of his absence during the time he shall be going
to vote at any election of a member to serve in Parliament, or during the time
he shall be returning from such election.
CLXIX. And be it further enacted, that no serjeant, corporal, or drummer
of the militia, nor any private man, from the time of his inrolment until he
sbaXi be regularly discharged from the militia, shall be compelled to serve as a
peace officer or parish officer, or to perform any highway duty commonly
called statute work.
TheKin^s
attorney m Ex-
chequer shall
lay Buch
offences before
his Majesty's
advocate in
Scotland, who
shall prosecute.
Penalty on
attorney for
neglect. .
Frovisions of
24 Geo. 2.
c. 44. to extend
to lieutenants
and deputy
lieutenants.
Commissions
not to vacate
seats in Par-
liament.
Voters going
to elections of
members not
punishable for
absence.
Non-commis-
sioned officers,
&c. not liable
to serve as
peace officers,
&c., or perform
statute work.
CLXXIL And be it further enacted, that all fines, penalties, and forfeitures
by this Act imposed, the manner of recovery whereof is not by the Act par-
tjeolarly provided for, which shall exceed the sum of twenty pounds, shall be
recovered by action of debt, complaint, or information in the Court of Ex-
chequer in Scotland, wherein no essoign, privilege, protection, wager of law, or
more than one imparlance shall be allowed ; and that all fines, penalties, and
forfeitures by this Act imposed, the manner of recovery whereof is not par-
ticularly provided for, which shall not exceed the sum of twenty pounds, shall,
How penalties
shall here-
covered and
how applied,
where not
otherwise di-
rected by this
Act.
p This Act will be found in the Appendix.]
r
r
184
42 George III. c. 91.
A.D. 1801^2.
p.-
i:
. .
h
No order of
conviction shall
be removed
out of the
county, but
proceedings
shall be forth-
with had there-
upon.
Limitation of
actions.
General issue.
Treble costs.
I
on proof upon oath of the offence before any two or more justices of the peace
of the county, stewartry, city, or place where the offence shall be committed,
be levied by distress and sale of the offender's goods and effects, by warrant
under the hands of such justices, rendering the overplus (if any) on demand,
after deducting the charges of such distress and sale, to the p^:i3on whose goods
and effects shaJl have been so distrained and sold ; and for want of suffici^
distress such justices are hereby required, in all cases where no particular iim
of commitment is herein-before directed, to commit such offender to the com-
mon gaol of the county, stewartry, city, or place where the offence shall liave
been, committed, for any time not exceeding three months ; and the money
arising by all such fines, penalties, and forfeitures, the application whereof is
not otherwise paa*ticularly directed by this Act, shall be paid to the derk or
(where there are no clerks) to the commanding officers of the respective regi-
n;ients or battalions of militia of the respective counties, stewartries, cities, or
places where such offences shall have been respectively committed, and shall
be made part of the public stock of such regiments or battalions of militia
respectively.
CLXXIII. And be it further enacted, that no order of conviction made by
any lieutenant of any county, stewartry, city, or place, or by any two or mm
deputy lieutenants, or by any one deputy lieutenant together with any one
justice of the peace, or by any justice or justices of the peace by virtue of this
Act, shall be removed by bill of advocation out of the county, stewartry, dty,
town, or place wherein such order or conviction shall have been made to the
Court of Session ; and that no bill of advocation or suspension shall supersede
execution or other proceeding upon any such order or conviction so made in
pursuance of this Act, but that execution and other proceedings shall be forth-
with had and made thereupon immediately upon conviction.
CLXXIV. And be it further enacted, that if any action shall be brought
against any person or persons for any thing done in pursuance of this Act,
such action or suit shall be commenced within six months next after the fact
committed, and not afterwards, and shall be laid in the county, stewartry, city,
or place where the cause of complaint did arise, and not elsewhere, imless
before the Court of Exchequer in the cases allowed by this Act ; and the
defendant or defendants in every such action or suit may plead the general
issue, and give this Act and the special matter in evidence ; and if the defendant
or defendants shall be assoilzied in any such action or suit, or if the plaintiff or plain*
tiffs shall be nonsuited, or discontinue his, her, or theu* action or suit tifter the defen-
dant or defendants shall have appeared, or if upon demurrer judgment shall be given
against the plaintiff or plaintiffs, the defendant or defendants shall have treble costs,
and have the like remedy for the same as any defendant hath in other cases to recover
costs by the laws of Scotland. {Rep., 5 6^6 Vict, c 97. s. 2.]
IT.
\
AJ>. 1801-2.
42 Gboboe III. a 91.
185
SCHEDULES to which this Act refer.
Schedule A.
To
Take noiioe, that you are hereby required, within fourteen dayH from tlio
dale hereof, to prepare or produce a list in writing, to the best of your boliof,
of the Christian and surname of each and every man resident in your dwoUing
boose between the ages of eighteen and forty-five, distinguishing every p(u>44)n
in your dwelling house of such age as aforesaid claiming to l)C exempt from
nerving in the militia, together with t&e ground of every such claim of exemp-
tion ; and you are to sign such list with your own name, and to deliver or
the same to be delivered to ma
Dated the day of
A B., Constable of
Names of Fenons
liable to serve.
Names of Persont
exempt.
OroQDd of Exemption.
CD.
E.F.
6.H.
A.B.
00 yean of age.
1
P. a
ncamao*
LK. 1
V,8.
LM.
T.B.
H.O.
IWnrini^ by nuhmitnU
N.R — ^If a boose is divided in dL<uict isUmfm r/r aiAiimenU, ff&^ijfU'A
£sdntdj, eadi disdnct occupier is required to make t}nH rfdam,
Tie^eet of comptiance with this notiee will •mhjeet tiie \fUiy to i\^. penalty
often
at the
within
notiee, that the day of at
of in the noon, w ^,\0f,\utM P^ \tfAnu^ apf^^iaU
iabdiTiaGifi by perton» rlaimmg to \^ ex^AjA frorn ^^rvjfi^ in tf*-^
JL B., Coisi^tahu^ of
42 GEOitaE III. c. 91.
Betuhn of
militia of county of
day of ■
company in the
dated the
Di»iBiOD8.
Parfahe*.
Names of Men eerring.
Clanet.
Volnntews.
-l,.!,.
.\^
H. ,
M.
B.
H.
Sam' JoQi'S
Tho' Gray
Tlio" Smith
32
26
'
"
*
Totals -
. 1
Signed A. B., Captain of
Company,
Brturn of Private Militia serving for the county of
Dated the day of
Hen.
Ho.
of
each.
N>unb«rofHeiiiucachCla».
'• ! '■
,.
'•
s.
1"
s*
.
*«■
LuL
Subetitates •
VDlnnteera - -
Tot&ls
A. B., Clerk to Qeueial Meetings.
AJ>. 1801-2.
^2 G^BGE III. c. 116.
189
CHAPTER CXVI.
As Act for confiolidating the Provisions of the several Acts passed for the ^
Redemption and Sale of the Land Tax . into One Act, and for. making
further Provision for the "Redemption and Sale thereof ; and for removing
Doubts respecting the Right of Persons claiming to vote at Elections for
Knights of the Shire and other Members to serve in Parliament, in respect
of Messuages, Lands, or Tenements the Land Tax upon which shall have
been redeemed or purchased pj. [26th June 1802.]
%&/ JtlEREAS the powers and provisions of the several Acts passed in his
^^ present Majesty's reign for the redemption and purchase of land tax
would be more easily carried into execution if the same were varied and
amended in some respects, and were comprised in one Act ; and it is expedient
that further provision should be made for facilitating the redemption and pur-
chase of the land tax : Be it therefore enacted by the King's most excellent
Hajesty, by and with the advice and consent of the lords spiritual and tem-
pond, and commons, in this present Parliament assembled, and by the authority
of the same, that all and every the provisions, powers, rules, directions, and ProvisionB of
dauses contained in an Act passed in the thirty-eighth year of his present ^^^^' ^'
Majesty^s reign, intituled '' An Act for making perpetual, subject to redemption
" and purchase in the manner therein stated, the several siuns of money now
** charged in Qreat Britain as a land tax for one year from the twenty-fifth
*^ day o[ March one thousand seven hundred and ninety-eight;" and in an 89Qeo. s. cc.
Ad passed in the thirty-ninth year of his said Majesty's reign, intituled " An
" Act to enlarge the time limited for the redemption of the land tax, and to
* explain and amend an Act made in the last session of Parliament, intituled
* ' An Act for making perpetual, subject to redemption and purchase in the
" ' manner therein state^l, the several sums of money now charged in Great
^ ' Britain as a land tax for one year from the twenty-fifth day of March one
" ' tliousand seven hundred and ninety-eight;'" and in another Act, also 89 Geo. s.
paased in the thirty- ninth year of his said Majesty's reign, intituled "An Act ^ ^^'
" to amend and render more efiectual two Acts passed in the thirty-eighth
*• year of his present Majesty's reign and the present session of Parliament^
" for the redemption and purchase of the land tax ;" and in another Act, also 3» Geo. 3.
passed in the thirty-ninth year of his said Majesty's reign, intituled " An Act ^ ^'
^ to amend so much of three Acts made in the last and present session of
" Parliament, for making perpetual, subject to redemption and purchase, the
^ several sums of money charged as a land tax, as relates to that part of Great
" Britain called Scotland ; " and in another Act, also passed in the thirty- 39 Geo. 3.
ninth year of his said Majesty's reign, intituled '* An Act for enlarging the ^ ^^'
" time limited by certain Acts passed for the redemption of the land tax, for
** receiving contracts, and making tmnsfers of stock thereon, and for explain-
" ing and amending the said Acts ; " and in another Act, also passed in the 89 Geo. 3.
thirty-ninth year of his said Majesty's reign, intituled " An Act to amend and ^' ^^^'
"■ render effectual several Acts for the redemption and purchase of the land
•* tax ; *' and also in an Act, passed in the thirty-ninth and fortieth years of 39&40Geo.8.
his said Majesty's reign, intituled " An Act for extending, from the twenty-
I* So much of this Act as relates to the purchase of land tax, rep., Stat. Law Rev.
Act, 1872.1
192
42 Qkoboe III. c. 116
A. I). 1801-2.
davits made in*
Great Britain
* or Ireland, or
bejond the
seas.
Affidavits to
oontain certain
particulars.
Examination of
persons before
the commis-
sioners upon
oath shall be
valid without
production of
affidavits.
Two commis-
sioners may
contract for the
redemption of
the land tax,
according to
the assessment
made in pur-
suance of
38 Qeo. 3. c. 5.
for the year
for which the
contract shall
be entered into.
Corporations
and trustees for
charitable, &c.
purposes may
contract for re-
demption of
land tax.
touching any matter or thing relating thereto that such oommissioneiB may
think necessary for their information for the execution of the powers vested
in them ; and also to require from any person or persons fiUinnng any benefit
of preference under this Act the production upon oath or affirmation of any
deed, conveyance, or instrument relating to such estate ; and to receive any
affidavit or deposition in writing upon oath or affirmation which shall be
made in any part of the United Kingdom of Great Britain and Ireland before
any mayor or magistrate of any city, town, or place therein having authoriiy
to administer an oath in any matter civil or criminal in such city, town, ot
place, or before any justice of the peace of any county or district where the
person making such affidavit, deposition, or affirmation shall: happen to be, or
before any commissioners or persons who are or shall be authorized to take
affidavits in causes depending in any of the courts at Westminster ; or to receive
any affidavit or deposition in writing upon oath or affirmation, which shall be
made in any parts beyond the seas before any magistrate of the conntiy,
territory, or place having competent power and authority to administer an
oath, and residing near the place where the person making such oath or affir-
mation shall also reside, and be certified and transmitted to the said commis-
sioners under the hand and seal of such magistrate ; provided that in eveiy
such affidavit, deposition, or affirmation there shall be expressed the addition of
the party making the same, and the particular place of his or her abode, and
the same shall be intituled -an affidavit, deposition, or affirmation made in
pursuance of this Act ; and in aU cases where any affidavit or affidavits is or
are by this Act directed to be made and shown to the said respective commis*
sioners, the examination of the person or persons by whom any such affidavit
or affidavits is or are directed to be made, by and before such conmiissionen
or any two of them, upon oath or affirmation to be administered in the manner
herein-before directed, shall be as valid and effectual for the purposes of this
Act as if the affidavit or affidavits hereby required had been made and produced
and shown to the daid commissioners.
VIII. And be it further enacted, that it shall be lawful for the commis-
sioners for the time being acting in the execution of this Act as aforesaid in
any county, riding, stewartry, city, borougb, cinque port, town, or place, or
any two or more of them, to contract and agree with all and every bodies
politic and corporate, and companies, whether corporate or not corporate, and
feoffees or trustees for charitable or other public purposes, and other persons
herein-after described, for the redemption of the land tax hereby or by the
said first-recited Act made redeemable, according to the assessment and rate
made or to be made, in pursuance of the said Act of the thirty-eighth year of
his present Majesty's reign for granting ah aid to his Majesty by a land tax,
for the year for which such contract shall be entered into, upon the terms and
conditions and in the manner herein-after mentioned and prescribed.
IX. And be it further enacted, that it shall be lawful for all bodies politic
and corporate, and companies, notwithstanding any statutes of mortmain or
other statutes or Acts of Parliament to the contrary, and for all feoffees or
trustees for charitable or other public purposes, having any estate or interest
in any manors, messuages, lands, tenements, or hereditaments whereon any
land tax shall be charged, to contract and agree for the redemption of such
land tax or any part thereof.
AJ). 1801-2.
42 George III. c. 116.
IDS
X And be it farther enacted, that it shall also be lawftil for all othor
pcnonfl having any estate or interest in any manors, mossuagos, Undii, teno*
mentSy or heredjjaments whereon any land tax shall be charged (except tonuniM
at ndc rent for any term of years or from year to year or at will, and cxnopt
tcDaDtB holding under the crown any lands or tenements within the survoy
ind receipt of the Exchequer or the duchy of Lancaster, or under the Duku of
OtnwaU any lands or tenements belonging to and parcel of the duohy of
CSamwaU, for any term of years or from year to year or at will) to contract
•ad agree for the redemption of such land tax or any part thereof
XL Ahd be it further enacted, that where two or more pemonii shall lio
ned or entitled in undivided shares and proportions, either tm cttjttirojimtrH,
hm portioners, tenants in common, or joint tcnantn, of or to any tnanr;rH,
■ORiages, knds, tenements, or hereditaments, it sljall be lawful for any otm
or more of sudi persons to contract and agree for the re^Iemptir/n (^ hiM, ti^fr,
or Aer proportion of the land tax charged thereon, in ihit same rnaorufr nn if
ladi proportion of land tax had been separately chargr^^l on Hueh tttMUfrn,
manages. lands^ tenements, or hereditaments, and as if Kuch f>^rr^/ri ^/r yt^rwrnn
«» or voe solely seised or entitled of or to the same ; and if any omt m tumt^.
dwA penon or persons who shall be so 8eLs^ or entith^^J in midivi/J#;^J tAiAf*^
orfnpntioos as aforesaid shall neglect or refij<^ to rf:df:*^n hi\ h^, //r iitt^if
inption or proportioDs of the land tax dian?*fd on ^if^t ttuuu/THf ti$ffti>jiHf(*^,
kih^WfinmtM, or hereditament/i. then and in ffueh ea*^ it hIuhII \^, Ukwftsl fm
aj(ttff or othen of such pervom ^a/W girm^ tfcr*?^ eaktyiar tu'm\hH w^aS'M
of Ik iff, or their intenticii to the p^-v.-n fit yir¥jfM.*. *o i^Ii^^if^f //r r^fiK^tf^/^
M ifiaaad) to eontnct aad aerw f^^ tiwr redecip^i'vo of u,^ i,r^/f/^/^$ fft
fOfomem cf the per»jii or f^anrAm so nt^tzlaeta^ or rrf'*';/i^ u^ ft^^cu$ of mA
All iittiitr piM'
ti«iiniti« Ml iiii'li
rnllt, III- of
Ot'itwii IuihIk,
hi\) iitiiy luiii
Iriii'i fill If
lllMll|lfillf| of
liiiiil hu.
Any mw in
h'tU u^fltou itt
Inn ttf ll>« n
\tftf\0iHUtiU t^
mtfi ffft th'
Utif Mir' t* ttirt*
fifty o f ,r* to
9* 'U ' Ih
HI ASD te h fr^last
ies cf t«^ri"5t.:r* :t
works cf tcttie "srrf i^ i»* :a a^ir 3::*ifb';:A^'''> -ir^,» v--.*r-u^.v ^e' -^^c-a^ ^'
^ . 0 ^ W ^ ^* w ^ 0 m
X^
the ir:
>*'
« *
JL .^int:. ^ ^.
> -L
• *
^^ •^^ A^4 !*• f «• *-• . ^-
•«t
194
42 George III. c. 116;
A.D. 1801-2.
1^- •
m
{■
^'
Gommitteesy
«" • ,
tru8tee8»&c.
may contract
1*
for redemption
r»
of the land tax
p.'-.
on behalf of the
r
persons for
whom they act.
|-
r
I * ■ ■
V ;
't
r.
*■■ ■
r
•
n« *
p
r
1
Goyemors of
iv
Queen Anne's
bounty may
'l»
contract for
redemption of
if
the land tax
•J
on livings not
contracted for
1
by incumbents.
•
Trustees of
::
property given
for the b^efit
v
of the poor
deigy may
contract for re-
"
demption of
the land tax
on lands, &c. «
belonging to
~
livings.
Patrons of
A
livings may
contract for
redemption of
the land tax
thereon, not
redeemed by
incumbents.
the respective waterworks within- the town of Colchester in the coirnty of
Essex, the city and county of Exeter, and the town of Shrewsbury, to contract
and agree for the redemption of the tax charged or to be charged by way of
land tax upon such their respective shares, interests, joint stock and stocb,
and profits aforesaid; or it shall be lawful for any individual proprietor
thereof, either jointly or severally, to contract and agree for the redemption of
so much and such part or parts of the said tax as shall be equivalent to the
share or shares of any individual proprietor, or any number of proprietors, in
such shares, interests, joint stock and stocks, and profits aforesaid, upon the
same terras and conditions and in the same manner as herein is directed with
respect to the land tax charged upon any manors, messuages, lands^ tenements,
or hereditaments.
XIY. And be it further enacted, that it shall be lawful for all committees
and curators of lunatics or of idiots, and for all tutors and guardians of
infants, and for all persons having authority to act for infants, married
women, and other persons incapable of acting for themselves, to contract and
agree, on behalf of such lunatics, idiots, infants, married women, and other
persons incapable of acting for themselves, for the redemption of any land tax
hereby or by the said first-recited Act made redeemable, which such lunaties^
idiots, infants, married women, or other persons incapiable of acting for thm*
selves could or might have redeemed by virtue of this Act if they respectively
had not been under any incapacity ; and it shall also be lawful for all trustees
to contract and agree in like manner on behalf of the persons for whom they
shall be trustees for the redemption of any land tax hereby made redeem-
able which shall be charged on any manors, messuages, lands, tenements or
hereditaments or other property of which they shall be trustees.
XV. And be it further enacted, that it shall be lawful for the governors
of the bounty of Queen Anne for the augmentation of the maintenance of
the poor clergy to contract and agree for the redemption of the land tax
charged or hereafter to be charged upon the lands, tithes, or other profits
arising from any living or livings within the meaning of the chai*ter granted
in the reign of Queen Anne, or any Act or Acts now in force directing the
application of such bounty, which shall not have been contracted for by the
incumbent or incumbents thereof.
XVI. And be it further enacted, that it shall be lawful for the trustees for
the time being of any trust property heretofore given by any will for the
purpose of being laid out in the purchase of lands or impropriate tithes for the
benefit of the ]>oor clergy in Ibigland, with such consent as is required by
such will, to contract and agree for the redemption of the land tax charged
or hereafter to be charged upon the lands, tithes, or other profits arising
from such living or livings belonging to the Church of England as the trustees
for the time being, with such consent as aforesaid, shall think fit
XVII. And be it further enacted, that where the land tax charged upon
the glebe lands, tithes, or other profits of any living or livings in the patronage
of any college, cathedral church, hall, or house of learning in either of the
universities of Oxford or Cambridge, or in the patronage of either of the
colleges of Eton or Winchester, or of any trustee or trustees for any such
college, cathedral church, hall, or house of learning as aforesaid, or in the
patronage of any other bodies politic or corporate, or companies, or feoffees
K
A.D. 1801-2.
42 George IIL a 116.
195
or tnistees for charitable or other public purposes^ or other person or persons,
slnll not then have been redeemed by the incumbent or incumbents of such
living or livings, it shall be lawful for the corporations of such colleges,
cathedral churches, halls, or houses of learning respectively, or for such other
bodies politic or corporate, or companies, or other person or persons aforesaid
in whose patronage any such living or livings shall be, to contract and agree
{or the redemption of such land tax, upon the same terms and with the ^same
benefits and advantages as the incumbent or incumbents of such living or
livings could or might have contracted to redeem thie same.
XYITX. And be it further enacted, that all such bodies politic and corporate, and
emptnies, and feofifees or trustees for charitable or other public purposes, and other
penoos berein-before described and empowered to contract for the redemption of
aylmd tax (whether in respect of any such estate, rights or interest, or otherwise as
i&nstid) shall be entitled so to contract for such land tax in preference to all other
bodies politic and corporate and persons whatever not having anv estate or interest
toetn, provided they shall contract on or before the twenty-fourtn day of June one
tiioasnd ei^t hundred and three. {Bep., Stat. Law Bey. Act, 1872.]
• * * * • * ••• •
XX, Provided also, and be it further enacted, that all bodies politic and
earponte, and companies, and feoffees or trustees for charitable or other public
purposes, and other persons, to whom such benefit of preference is given until
the tventy-foorih day of June one thousand eight hundred and three aa
tfoRwd, may at any time thereafter contract and agree for the redemption
of the knd tax charged on their respective manors, messuages, landa, tene*
Boitfi, or hereditaments, wherein they shall have any estate or interetit an
ifanaud, in the same manner, and under the same terms and conditions
(except m to the period allowed for the Uansfer or payment of the considem-
tiim\ » such bodies politic or corporate, or companies, or feoffees or tnistees
fir charitable or other pablic purposes, or other persons may do prior to tlie
md twenty-fimrth day of June one thomsand ei^t hundred and ^ree, , , «
CorpomtUms
sod porHottH
hurmu-b^ftrro
eropow<frHl to
ooiitrsct tor
reiUffiifrtiofi tti
soy Isiid tax
ffhsH hiivtf th«
yreturwoo till
84tb JfUM
isoa.
Corporsdon*,
irwti4s4m, snd
pfsmoimtntiHUed
to prtsU^igMe
till 34tb Jutm
ISOa, msy
iheretdtfT turn*
tract tut th«
red^fuptiofi ttf
thakmdtM
OttKrld.
XXI And be it farther enacted, that where any bodies politic or corporate^
or eompanies, ot any feoffees or trustees fi>r charitable or otljer |Niblie yntymei^
MS aforesaid, shall, in pmsnanee of the powers of the said reeiitd Aeitt €jr any
of them, have entered or shall hereafter ent^^r into any treaty f>r th^ ntdn (A
wnj of their manois, messuages, lands, tenements, or hereditam^iUi lioldea
under any demise made by them, by copy of cfAirt roll or fA}»erwhi^, for lives,
or for any term or terms of years determinable on lives or for year«» aWJute^
or shall have made or &hall hereafter make any appSieati^^A to tde tif/tMui^
ffjooers aciii^ in the exerotion of tLL^ Aurt by vinne of LU HAyafiyH leiier^
patent ander the great seal for t^^ir inanetlon an/I approlat»OTi of arjy f^nf}*
ale as aforesaid, anri Miall obtain a o^r:If>:ate uL^ier U*^, L^t^U of af«y twf^ of
the same commisHjoner^ that in tLeir ocIr.:'.a ^ri.':h bo^l>:H p^^.«*>: f^ t-^tryin^^.^
or companies, or fiecffaei* or tnxZrrr^ t.x i^Lin'-ir.i* or ov.>^ p**o.^ p%rj/y*»*:4
ire proeeeding or inicibi u* i.f >5e»i'l r.«ota fii*^ an^i «>,h rrii.^,riao"^ '\*,.j/ut'^ Up
csny sodi ssle into exccntlsn VL>a ff-xzlrMS^. <ix^\\ ^p^/rif/ J-.r -m^Ai ycrvA
of time the same *iia2 rm %rA -.c-eratr:^ . \% *ha*. he iawf^. t^.t ^r^Jt» \^Aj^
politic and corpocate. cr er.cipiiil'^. ^IA feoff-irJi or tr*-*?/?*?* f^r ^J^rl^*M^ or
other paUie parj,*:-*!!*. •iiriii;r ^ -^ v- a,\.z..aij^. / <ivr. ^^taA '*v/,>'/,r,<far^:^r»^
anything in thi^ Act ixj^zx^zj^X v> '':a. t^x^uxrj ^ %, ^^r^nra^, a^v: xr/:*^. i,-^ v,^
redemffiion of the Iaa*i ux '^Lar-/'-; xi t:,.'\f ;.v»r^.r*, .Vv^^«»jv/^ ,xcy,* v^#^
n 4
ratM«»#>r itw^
tt^ Ifpr thMU
hMmUtf
fA^Mf ft ^:*rfA'
«(f-* ff/yi» fwif
*^0'j mttj 4,tt*
4* 91^%
196
42 George III. c. 116,
A.D. 1801-2.
£f
» ■ <
:■
I.'
I.
r
The oonsidera-
tion for the re-
demption shall
be so mnch in
the 3 per cents,
as will produce
a dividend
exceeding the
fonount of the
land tax re-
deemed by
MOth.
Where the
land tax to be
redeemed in
an^ place for
whidi separate
commissioners
are appointed
shall not ex-
ceed 25/. per
ann., the con-
sideration may
be paid in
money to the
receiyer gene-
ral of the land
tax of the place
in England, or
to the collector
ill Scotland,
and shall be
circulated ac-
cording to the
price of stock
and the table
in schedule (L.)
Bank shall
transmit weekly
accounts o*f the
average price
of the 3 per
cent, consols
or 3 per cent,
reduced an-
nuities to the
commissioners
for taxes, who
shall publish
ments, or hereditaments, in preference to any person or persons, bodies politic
or corporate, or companies, having or holding such manors, messuages, lands,
tenements, or hereditaments under any such demise as aforesaid : Provided
always, that such bodies politic and corporate, or companies, or feoffees or
trustees for charitable or other public purposes, hereby enabled to contract
with such preference as aforesaid, shall produce such certificate as aforesaid
to the commissioners acting in the execution of this Act by virtue of his
Majesty's warrant under the royal sign manual for the county, riding, or place
where the manors, messuages, lands, tenements, or hereditaments the land tax
whereof shall be proposed to be redeemed shall be situate.
XXIL Am} be it further enacted, that the consideration to be given for
the redemption of any such land tax as aforesaid shall be so much capital
stock of public annuities transferrable at the Bank of England bearing interest
after the rate of three pounds per centum per annum, commonly called the
three potmds per centum consolidated annuities and the three pounds per
centum reduced annuities, or one of them, as will yield an annuity or
dividend exceeding the amount of the land tax so to be redeemed as aforesaid
by one tenth part thereof, such capital stock to be transferred to the commis-
sioners appointed by an Act of the twenty-sixth year of the reign of Ms
present Majesty for the reduction of the national debt, in trust for tbft
purposes of this Aci
XXIIL Pbovided alwajrs, and be it further enacted, that where the land
tax BO to be redeemed in any county, riding, division, shire, stewartry, or
place for which separate commissioners under the royal sign manual are or
shall be appointed to act shall not exceed the sum of twenty-five pounds per
annum, it shall be lawful to pay the consideration for the same in lawfal
money of Great Britain, in lieu of transferring stock in the three pounds per
centum bank annuities ; and such consideration shall be paid into the hands
of the receiver general of the land tax for the county, riding, or place in
England, or his deputy, or to the collector for the shire, stewartry, or place
in Scotland, where the manors, messuages, lands, tenements, or hereditaments
of which the land tax shall be so redeemed shall be situate : and the amount
of the money tb be paid as the consideration for the redemption of any such
land tax shall be calculated, settled, and ascertained according to the price of
stock to be from time to time transmitted to such receiver general or his
deputy in England, or collector in Scotland, in the manner herein-aftff
directed, and according to the table in the schedule to this Act annexed
marked (L.), and the rules and directions therein contained.
XXIV. And to the end that such receivers general or their deputies and
such collectors may be enabled to settle and adjust the sums which ought in
such cases to be paid as the consideration for the redemption of any land tax,
be it further enacted, that from the time when the books of the governor and
company of the Bank of England shall be opened for the transfer of three
pounds per centum consolidated bank annuities after the fifth day of January
in every year, and until the books shall be opened for the transfer of three
pounds per centum reduced bank annuities after the fifth day of April in such
year, and so from time to time when the said books shall be opened for the
transfer of three pounds per centum consolidated annuities after the fifth day
of July in every year, until the books shall be opened for the transfer of three
^
A.D. 1801-2.
42 George III. c. 116.
215
attending the sale thereof, shall, with the interests and annual produce thereof,
be applied and disposed of under the direction and with the approbation of
the said court in the same manner as herein is directed with respect to the
eventual surplus arising from sales when no more has been exposed to sale
than is judged adequate for the redemption of such land tax.
LXJy. Provided always, and be it further enacted, that all expenses
ineorred by heirs of entail or others entitled as aforesaid to purchase the land
tax affecting the entailed estate in Scotland, either in selling part of the said
estate, or borrowing money on heritable security, or purchasing out of their
own proper means the land tax affecting the entailed estate, shall be defrayed
oat of the price of the land so sold, or shall be included in the heritable or
other proper security, and may be made part of the charge upon the entailed
estate: Provided always, that the amount of these expenses shall be previously
ascertained by the Court of Session, by decree to be obtained on a summary
application to that purpose.
LXY. Provided also, and be it further enacted, that where any such sale
sball be authorized by the Court of Session, the same shall be carried on by
poblie auction at such time and on such notices as the said court shall from
time to time direct; and further that, previous to any sale to be made in the
tmns and by virtue of the powers requu'ed and given by this Act, the Court of
Sesooii shall cause articles of sale to be drawn up in the usual forms required
Vf ibe law of Scotland for making such sale effectual, and whereby the
porAtter shall be taken bound to pay the price to a trustee to be named by
die person or persons in whose name or for whose behoof the said sale or sales
iiorare carried on, and which trustee shall be approved of by the said court,
and shall find security to their satisfaction that the sum or sums of money so
to be paid to him by the said purchaser or purchasers shall be duly and
juthfolly applied in the manner and for the purposes herein enjoined and
directed ; and further that the said trustee, upon receipt of the said price or
prices, shall be forthwith bound to pay the said money into the Bank of
England, to be there placed to the account of the commissioners for the
ledaction of the national debt, to be by them applied in the manner and for
the purposes directed and specified by this Act ; and the receipt of the cashier
or cashiers of the bank shall be a full and sufficient dischai^ to the said
trustee and to the said purchaser or purchasers for the sum or sums of money
80 agreed to be paid by him, her, or them in manner aforesaid ; and which
purchaser or purchasers, upon pajnnent of the sum or sums by the said trustee
into the Bank of England as aforesaid, shall be entitled to demand and obtain
from the said heir of entail or other person or persons in whose name or at
whose instance or for whose behoof the said sale or sales is or are carried on
soeh disposition, conveyance, or other title to the subjects so sold, containing
all usual and necessary clauses for rendering complete the right to the same
in &vour of the said purchaser or purchasers, under the direction of the said
court
LXYL And be it further enacted, that where any part of an entailed estate
in Scotland is sold for the purposes of this Act in the manner herein-before
directed, and where any heritable security is granted upon an entailed estate,
also in the manner herein-before directed, such sale and heritable security
shall be as valid and effectual to all intents and purposes as if the estate part
Expenses in-
curred in pur-
chasing the
land tax on
such entailed
estates may be
defrayed out of
the price of the
land sold or
charged upon
the estate, after
being ascer-
tain^ by the
Court of Ses-
sion.
8nch sales shall
be hw public
auction, pre-
vious to which
the Court shaU
canse articles
to be drawn
up, binding the
purchaser to
pay the price
to a trustee, to
be paid into the
Bank of Eng-
land, and upon
payment the
purchaser shall
be entitled to a
conTcyance.
Salee of and
heritable secu-
rities granted
on entailed
estates in
Scotland shall
be as valid as
IF*
it
I
Pi ^
I-
198 42 GeokGbS III. c. 116. A.D. 1801-2.
b shorter ^®* ^y ^^ August, the first day of November, and the first day of February
instalments. in eacb year, the first instahnent to be made on or before such of the said days
as shall next ensue the entering into the contract : Provided always, that it
shall be lawful for any bodies politic or corporate, or companies, or other
persons before described, to stipulate with the said commissioners with whom
the contract shall be made for the transfer of the whole of the said capital
stock at one time, or that the same shall be transferred by instalments witbin
any shorter period or periods than the periods herein-before prescribed, so that
the same be by even instalments, at equal intervals within the period stipu-
lated, and on or before the respective days before mentioned in each year, or
on such of the said days as shall fall within the period stipulated for such
transfer : Provided also, that it shall be lawful to transfer the whole stock so
agreed to be transferred as the consideration for the redemption of any land
tax, or any part thereof, in advance to the commissioners for the reduction of
the national debt, notwithstanding any stipulations in the contract to the
contrary : Provided also, that if the whole of the stock so agreed to be trans-
ferred shall not be transferred at one time, but by instalments, and if a division
of the entire quantity of stock into equal sums, to be paid by such instalments,
would occasion a fraction less than the fraction of one penny, the fractional
part or parts less than one penny necessary to such equal division shall he
taken from every prior instalment, and added to the last instalment, so as to
avoid any fraction less than a penny.
XXVII. And be it fiirther enacted, that where the considemtion for the
redemption of any land tax shall be in lawful money of Great Britain, the
same shall be paid either by one payment or by equal instalments, as the
party shall choose and shall cause to be stipulated in the contract, so as that
such instalment shall not exceed eight in number, and that the whole con-
sideration be paid within the period of two yeard from the date of the contract,
according to the price of stock to be transmitted as herein-before is directed
to the respective receivers general in England and collectors in Scotland in
the second week subsequent to the day of enteiing into the contract, but in
't; ^ ' cases where the whole consideration shall not be paid at one time, but shall
be by instalments, then for every second and subsequent, instalment, according
fc to the price of stock transmitted in the week preceding the day or days sti-
I pulated, and conformably to the table, rules, and directions contained in tlie
schedule marked (L) ; and in every such case the sum stipulated to be paid
shall be duly paid to tlie respective receivers or their deputies in England,
or the respective collectors in Scotland, on the day or days stipulated for the
payment thereof: Provided always, that if the consideration shall be to be
paid by instalments, and if a division of the entire amount of land tax into
than one far- equAl instalments would occasion a fraction less than the fraction of one
^^}^J^}? ^ farthing, the fractional part or paints less than one farthing necessaay to such
equal division shall be taken from every prior instalment of land tax, and be
added to the last instalment, so as to avoid any fi*action less than one farthing.
The whole cofl- XXVIII. PROVIDED always, and be it further enacted, that it shall be lawfiil
any partlm^y to pay to the receivers general in England or collectors in Scotland respec-
.be paid, in tively the whole of such consideration, or any pai-t thereof, in advana*,
21 days pie- notwithstanding any stipulation in the said contract to the conti-ary ; provided
i'*
r ■
1^
Fractions less
• (
than 1(/. to be
>4*
avoided.
•
Si-'-
k
■i '
^■'■
«
Where the con-
sideration shall
if
he in money.
it may be paid
"' •
at once, or by
'',\
instalments,
^^
not exceeding
h
eight, payable
[■ ■
in two years,
1
according to
•
the price of
t
stock and the
J
table in sche-
1 -
•
dule (L.).
A.D. 1801-2.
42 George III. c. 116.
199
the bodies pofitic or corporate, or companies, or persons desirous of making
any such payments in advance, shall give twenty-one days previous notice
in writing at^tiie least to every such receiver general or collector, of such
their intention ; and every such receiver general or his deputy in England,
or eolleetor in Scotland, shall, immediately upon the receipt of such notice,
transmit to tiie commissioners for the affairs of taxes, for the information
of the commissioners of his Majesty's Treasury, dn account of the pajonents
ao intaided to be made in advance, and of the day or days on which the
same are intended to be made ; and all such payments in advance shall be
made according to the price of stock to be transmitted to such receiver
geneial or his deputy, or collector, in the week preceding the day or days
of SQch payments, and the table, rules, and directions in the said schedule
maiked (L) contained.
XXIX. And be it further enacted, that upon every such contract upon
idiich the transfer of stock or payment of money shall be made by instal-
motts there shall be paid, at the time of making the second and so of every
suiBeqaent instalment upon such contract, into the hands of the cashier or
caduerg of the governor and company of the Bank of England (in cases where
thecnnsideration shall be in stock), and into the hands of the receivers general
in Englaad or collectors in Scotland (in cases where the consideration shall
1)e in money), to tiie use of his Majesty, his heirs or successors, a sum of
QfiBcjby way of interest equal to the amount of the land tax redeemed, de-
(hefaig therefrom a sum bearing the same proportion to such land tax as the
fiBOBBl ot t£e stock then before transferred bears to the whole amount of
tile stock agreed to be transferred, or (in cases of consideration in money)
tile number of instalments then before paid bears to the number of instal-
BKotB agreed to be paid ss the consideration for such contract, having regard
in cases of considerations in stock to the time when the first dividend after
the tnmsfer of such stock will become payable ; of which sums so to be paid
by way of interest a separate account shall be kept at the Bank of England,
and by such respective receivers and collectors, and the same shall from time
to tune be paid separately into the receipt of his Majesty's Exchequer, and shall
be applicable to such uses and purposes as shall have been or shall be voted by the
ConunoDB in Parliament {Rep., Stat. Law Rev. Act, 1872.] ; and the receipt of
the caeUer of the Bank of England, and of such receiver general or collector,
as tiie case may be, shall be a sufficient discharge to the party pajdng such
sum by way of interest as aforesaid: Provided always, that from and after
the transfer of any stock, or the payment of any money in advance, all interest
on acocnmt of such stock so transferred, or of such money so paid in advance,
ahall cease and be no longer payablei
XXX. AxD be it farther enacted, that aU and every bodies politic and corporate, or
eompamfs, or other persons claiming on their own behalf or on the behalf of others
the benefit of preference hereby given, shall prodnoe to any two commissioners of land
lax acting in and for the hnndred, ward, lathe, wapentake, rape, or other division of the
eoonty^ ndii^ city, borough, cinque port, town, or place in England, or if in HcoCland
to any two commiasionerB of supply of the connty or stewartry, or chief raagistrate of
the city or boroo^ within irhich any manon, messuages, lancb, tenements, or here-
ditaments or oilier property the land tax whereof shall be proposed to be redeemed by
virtue of this Act shall be situate, a schedole or description in writing of each manors,
measaages, lands, tenementB, or hereditaments or other property, which schedule shall
eootain the re^Mctive natures of the premises, and the name or names of the respective
oteapien tfaereoC and the parish or f^aoe where the same shall be ntaate ; and the imd
of bod tax or supply or chief magistrate respectivdy shaH ascertain,
vious notice to
the receirer
ffeneral or col-
lector, who shall
tranimit to the
commisdioners
for taxes, for
the information
of the Treasury,
an account of
such intended
payment!},
which shall be
made according
to the price of
stock transmitr
ted in the week
preceding the
payment and
the table in
schedule (L.)
On making the
second and
every subse-
quent instal-
ment, interest
shall be paid,
to be calculated
as hereby
directed.
A separate
acoonnt of in-
terest shall be
kept, and the
interest shall
be paid sepa-
rately into the
Kxcheqiicr.
C^rpoffatUMM
claiiiiiiig bene-
fit of preferenee
shall ivodoeea
descriptifOii of
the property to
two COBUDIS*
moDemof the
land tax or
tmij, who
shaU settle and
ecilify the
aaurantof the
bodtaxtherv-
r
F
■ ■■•
218 42 George III c. 116. A-D. 1801-2.
respective lessees or copyholders or customary tenants thereof, or other
persons having interest therein^ and if the same shall be charged with any
land tax then freed' and discharged from such land tax ; and it shall also be
*"' ' lawful for all such bodies politic or corporate, and companies, and feoffees
^. or trustees for charitable or other public purposes, for the purposes afore-
said, by deed indented and also inroUed or remastered in the manner herein
prescribed, to convey or demise any part or parts of such freehold or copy-
hold or customary or leasehold manors, messuages, lands, tenements, or
hereditaments herein-before mentioDed, and whereof they shall be so in the
I actual possession or beneficially entitled to the rents and profits as aforesaid,
L freed and discharged from land tax (in case any land tax shall he then
^ * charged thereon) to any person or persons by way of mortgage either in
I • fee simple or for any term or terms of years (where the same shall not be of
tO copyhold or customary tenure) for securing such sum or sums of money as
I shall be sufficient to redeem the land tax which hath been or shall be so
g contracted for by such bodies politic or corporate, or companies, as afore-
said, or to grant any rentcharge to be issuing out of and chargeable upon
any such manors, messuages, lands, tenements, or hereditaments as afore-
said, not exceeding the amount of the land tax so contracted for as afor»-
I' ^**im!!i'*^ said: Provided always, that no sale, mortgage, or grant of or out of any
of laDds, except manors, messuages, lands, tenements, or hereditaments shall be made by any
tir r^dTta °^ ®^^^ bodies politic or corporate, companies, or feoffees or trustees for chari-
thereoaandoD table or other public purposes, by virtue of this Act, other than for the purpose J
sidled toll of redeeming land tax charged thereon (in cases where the same shall be charged "^
same uses. with any Isold tax) and also on any other manors, messuages, lands, tene- j
ments, or hereditaments which shall stand limited or subject to or for tlie
same uses, trusts, intents, or purposes, or in the same order or coiu^ of
limitation as the manors, messuages, lands, tenements, or hereditaments
which shall be so sold, mortgaged^ or charged as aforesaid, save and except
?, as to. such variations as may necessarily be occasioned by the difference in
K the nature of the tenure of freehold and copyhold estates.
t ^^^^^f^' LXX. And be it further enacted, that for the purpose of redeeming any
t ing the land such land tax as aforesaid it shall be lawful for all such bodies politic and co^
r timis^^&c^maT P^^*^^> ^^^ Companies, and feoffees or trustees for charitable or other public
[^ enfrfuichise purposes, by deed indented and inroUed or registered as aforesaid, to enfran-
l' l^riots"&c. chise any messuages, lands, tenements, or hereditaments which ai-e or shall
^^ be holden by copy of court roll or other customary tenure of any manor
^ belonging to any such bodies politic or corporate, or companie^, or feoffees or
I. trustees for charitable or other public purposes, whether such manor be
I subject to any lease or not, and also to sell and dispose of any heriots or fee
|. • farm rents, chief rents or qixit rents, or other emoluments or advantages issuing
■ or payable from or in respect of any freehold or copyhold or customary
"^ manors, messuages, lands, tenements, or hereditaments, or incident thereto
and accruing therefrom.
^^***fw?^ ^J LXXL And be it further enacted, that where any person or persons holding
crown or Under any grant from the crown or under any Act of Parliament any manors,
^^^?^7A^ messuages, lands, tenements, or hereditaments wherein his Majesty, his heirs
Majesty hath or successors, hath or shall have any estate, right, or interest, in remainder,
"*y ^***? ^^' reversion, or expectancy, (other than persons holding under the crown any
&c lands with- manors, messuages, lands, tenements, or hereditaments, within the sui'vey
- iD. 1801-2.
42 George III. c 116.
219
jnd receipt of thp Exchequer or the duchy of Lancaster, or holding under
Ae Dake of Cornwall any manors, messuages, lands, tenements, or heredita-
ments belonging to and pnreel of the duchy of Cornwall, by virtue of any
demise or grant by copy of court roll or otherwise, for life or lives, or for
years determinable on any life or lives, or for any term of years absolute, or
from year to year, or during pleasure,) have contracted or shall hereafter
contract for the redemption of the land tax charged on any of such manors,
messuages, lands, tenements, or hereditaments, it shall be lawful for such
person or persons (being in the actual possession or entitled beneficially to the
rents and profits of such manors, messuages, lands, tenements, or hereditaments),
for the purpose of raising money to complete the redemption of the land tax so
contracted for (but nevertheless under the restrictions and regulations herein-
alier mentioned), to sell and dispose of by public sale or private contract, and
bj deed indented and iiu'olled or registered as herein is prescribed to convey,
either at one time or at various times as herein-before is mentioned, any of
sQch manors, messuages, lands, tenements, or hereditaments, whether the same
shall be charged or not charged with land tax, and if charged with any land
tax, then freed and discharged from such land tax ; and it shall also be lawful
for snch person or perspns for such purpose and under such restrictions and
regolations as aforesaid to enfranchise any messuages, lands, tenements, or
Wefitaments which are or shall be holden by copy of court roll or other cus-
tfflBuy tenure of any such manors so holden by such person or persons as
afoREui, and also to sell and dispose of any heriots, fee farm rents, chief rents,
or qidt rents, or other emoluments or advantages issuing or payable from or in
rnpeciof any manors, lands, tenements, or hereditaments, or incident thereto
orarisiDg therefrom, anything herein contained to the contrary thereof not-
withstanding : Provided always, that the manors, messuages, lands, tenements,
or kreditaments of which the land tax shall be so redeemed shall stand and be
limited to and for the same uses, trusts, intents, and purposes as the manors,
messaages, lands, tenements, or hereditaments, heriots, rents, emoluments, or
advantages which shall be sold, or the manors of which any such copyhold or
costomary estate shall be enfranchised stood and were limited at the time of
nieh sale or enfranchisement.
IIXII. AsD be it further enacted, that it shall be lawful for his Majesty, his heli-s
and eoocessors, from time to time by letters patent under the great seal of Great Britain
to nominate and appoint auy person or persons, being a member or members of his
Majesty's moat honourable privy council, to be commissioner or commissioners for the
poipofies of regulating, directing, approving, and confirming all such sales and contracts
H)r nies, entonchisements, mortgages, and grants of rentcfaarges, which shall be made
by any such bodies politic or corporate, or companies, or any such feoffees or trustees
/or charitable or other public purposes, of or out of any manoi*s, messuages, lands, tene-
ments or hereditaments belonging to such bodies politic or corporate, or companies, or
feoffees or trustees for charitable or other public purposes, by virtue of this Act, and
also for the purpose of regulating, dii^cting, approving, and confirming all such sales
or enfranchisements which shall be made, or of any manors, messuages, lands, tenements,.
or hereditaments wherein his Majesty, his heirs or successors, have or shall have any
estalOy right, or interest in remainder, reversion, or expectancy, by any such person or
persons holding under any grant from the crown or any Act of Parliament as aforesaid ;
md any two or more of the commissioners already appointed or hereafter to be ap-
pointed under the great seal for the purposes aforesaid may do any act, matter, or
diing which by this Act all such commissioners are authorized and empowered to do.
(Bep., Stat. Law Bev. Act, 1872.}
in the surrey of
the Exchequer,
&c.), may be
sold or enffan-
chised for re-
deeming the
land tax on
lands limited
to the same
uses as those
sold or enfran-
chised.
His Migesty
may appoint
any membeht
of the privy
council to be
commissioners
for regulating
sales, &c. by
corporations, or
trustees for
charitable, &c.
purposes, or
of lands
wherein his
Majesty may
have any in-
terest, two of
whom may act.
220
42 George III. c. 116.
A.D. 1801-2.
'
If statements
respecting; con^
tracts for such
sales, &c. are
not satis&ctory
the commis-
sioners may
require infor-
mation on the
subject, and
receive depo^
sitions made
before persons
authorized to
take affiavits,
&c.
The commis-
sioners may
employ a secre-
tary and other
officers.
Sales, &c. by
corporations,
&c. shall be
made under the
direction of
the said com-
missioners, two
of whom at
least shall exe-
cute the deed
of sale, &c.
r
The governors
of the charity
for the relief of
the widows and
children of
clergymen,
with the con-
sent of the said
commissioners,
may sell lands
given to the
charity by will
for redeeming
the land tax
on other lands
vested in them.
Where the
land tax on
any glebe, &c.
of any living
LXXIV. And be it further enacted, that if the statement made to the said
commissioners for the time being acting in the execution of this Act by virtue
of his Majesty's letters patent under the great seal by any bodies politic or cor-
porate, or companies, or any feoffees or trustees for charitable or other public
purposes, or other person or persons selling under their authority or directiai
as aforesaid, respecting any such intended sales, mortgages, or grants, or the
value of the estate or estates proposed to be sold, shall not be satisfactory to
the said commissioners, it shall be lawful for them to require such information
to be given them respecting any matters or things relating to any such sales,
mortgages, or grants as they shall deem necessary, and to receive any affidavits
or depositions in writing, upon oath or affirmation, made before any com-
missioners or persons who are or shall be authorized to take affidavits in causes
depending in any of the courts at Westminster, or before any justice of the
peace, respecting any matters or things relating to any such intended sales,
mortgages, or grants.
LXXV. And be it further enacted, that the said last-mentioned com-
missioners shall and may from time to time employ a secretary, and all sudi
other officers and persons as may be necessary, and shall and may from time
to time, at their discretion, dismiss and discharge any secretary or other offioea
and persons already appointed or hereafter to be appointed, and to appoint
others in their place.
LXXVI. And be it further enacted, that every sale, enfranchisement, mort-
gage, or grant of any rentcharge which shall be made of or out of any manors,
messuages, lands, tenements, or hereditaments by virtue of this Act, by any
bodies politic or corporate, or companies, or any feoffees or trustees for chari-
table or other public purposes, or by any such person or persons holding under
any grant from' the crown or imder any Act of Parliament as aforesaid, shall
be so made by, with, and under the consent, sanction, control, direction, and
authority of the said last-mentioned commissioners, and no further or other
consent, authority, approbation, or confirmation whatever shall be required to
enable any such sales, enfranchisements, mortgages, or grants as aforesaid:
Provided always, that no such sale, mortgage, enfranchisement, or grant shall
be valid and effectual unless two at least of the said commissioners shall
certify their consent thereto and approbation thereof by signing and sealing
the deed of sale, enfranchisement, mortgage or grant as parties thereto.
LXXVII. And be it further enacted, that it shall be lawful for the gover-
nors of the charity for the relief of the poor widows and children of clergymen,
with the consent and under the direction and authority of the said last-
mentioned commissioners, to sell and dispose of any manors, messuages, land^
tenements, or hereditaments given to them by any will, either generally for
the relief of such poor widows or children as aforesaid, or subject to any
qualifications or restrictions as to the mode of applying such relief in the
extent of the allowance to be made to individuals, and to apply the money
arising by such sale or sales for the purpose of redeeming land tax charged on
any other manors, messuages, lands, tenements, or hereditaments vested in
such governors for the purposes of their charity.
LXXVIII. And be it farther enacted, that where the land tax charged
upon the glebe lands, tithes, or other profits of any living or livings in the
patronage of any coxlege, cathedral church, hall^ or house of learning, in either
i
A.D. 1801-2.
42 Georok hi. 0. 116.
221
of the oniTersities of Oxford and Cambridge, or in the patronage of either of
the oollegeB of £ton or Winchester, or of any trustee or trustees for any such
eoll^ cathedral church, hall, or house of learning, or in the patronage of any
other oorporation aggregate, shall have been or shall be redeemed by or on the
behalf of any such college, cathedral church, hall, or house of learning, or by
iny such corporation aggregate, by virtue of any of the provisions of the said
recited Acts or of this Act, it shall be lawful for any such college, cathedral
dioreh, hall, or house of learning, or for any such trustee or trustees thereof
pespectively as aforesaid, or for any such corporation aggregate, to provide for
lodi redemption by sale of any lands, tenements, or hereditaments belonging
to sQch corporations respectively, or by the grant of any rentcharge "which
they could or might respectively lawfully make for the redemption of any land
tax eharged on the lands belonging to such corporations, and the land tax so
redeemed shall be forthwith extinguished ; but every such college, cathedral
chmdi, hall, or house of learning respectively, or such corporation aggregate
shall nevertheless be entitled to an annual rentcharge issuing out of such
fiving equivalent to the amount of the land tax redeemed, unless it shall be
dedared in ^s^riting under the common seal of the body or bodies having such
right of patronage or nomination, at the time qf presenting or nominating any
dark or clerks to such living or livings, that such rentcharge shall be sus-
pended during his or their incumbency or respective incumbencies, which
detelion the body or bodies entitled to nominate to such living or livings
dull fiom time to time be competent to make : Provided always, that such
SQspeiHkni shall be without prejudice to the right of the said body or bodies
wpodvely to recover such rentcharge after the next or any future avoidance :
Aovjded also, that any declaration made by any such body at the time of
ledeeming the said land tax shall be as available during the incumbency of the
tka rector, vicar, or curate as if it had been made at the time of his being
prferred to such living.
LXXIX. And be it further enacted, that where any ecclesiastical rector
Aall in right of his rectory be entitled to the patronage or donation of or to
iny ricarage or perpetual curacy, and there shall not be any glebe laud
belonging to such vicarage or perpetual curacy which shall be eligible or
proper to be sold for the purpose of redeeming the land tax charged on
the glebe lands, tithes, or other profits thereof, and such land tax shall
have been or shall be redeemed by such ecclesiastical tecfcor, then and in such
ease it ehall be lawful for such ecclesiastical rector, whether he shall be also
incumbent of the vicarage or perpetual curacy or not, to provide for the
redemption of such land tax by sale of part of the glebe lands belonging to
SQch rectory in the same manner in all respects as he could or might provide
for the redemption of the land tax charged on the glebe lands, tithes, or other
profile thereof* and the land tax so redeemed shall he forthwith extinguished ;
hut whenever and so long as such rectory and vicarage or perpetual curacy
respectively shall be held by different incumbents, the incumbent for the time
being of such ecclesiastical rectory shall be entitled to an annual rentcharge
issuing out of the vicarage or perpetual curacy equivalent to the amount of
the land tax charged thereon at the time of such redemption as aforesaid.
LXXX. Phovided always, and be it further enacted, that no mines or
nunerals, or seams or veins of coal, metals, or other profits of the like nature
belonging to
any oollege, &o.
shall be re-
deemed, it may
be provided for
by sale of any
lands belong'
ing to siioh coU
lege, &o. or by
grant of a rent*
charge, but
such college,
&o. shall be
entitled to a
rentcharge out
of the living,
unless it be
declared other-
wise at the
time of pre-
sentation.
Rector entitled
to patronage of
vicarage or per-
petual curacy
may redeem the
land tax on the
glebe, &c.
thereof by
sale of part of
the glebe be-
longing to the
rectory; and
when rectory
and vicarage
are held by
by diflFercnt
incumbents,
incumbent of
rectory shall
be entitled to
an annual rent-
charge out of
the vicarage .
Mines, &c.
shall not pass
by conveyance
222
42 George III. c. 116.
A.D. 1801--2.
ir:
r
I.
E
a-
ft-.
» ■
r:
i
t ■
f
t':~
r
L.
t»
of lands sold
by a bishop or
other ecclesias-
tical corpora-
tion, nor ad-
vowsons, &c.,
though appen-
dant to the
lands sold.
No deed under
authority of
the last-men-
tioned commis-
sioners shall be
liable to stamp
duty.
Where any
lands belonging
to corporations,
&c. shall be
sold, which arc
subject to any
charge, the
said commis-
sioners shall
direct how the
same shall be
paid in fiiturp.
Where part of
lands usually
demised toge-
ther by corpo-
rations, &c.,
upon which an
ancient rent
has been re-
served shall be
soldj the said
commissioners
shall settle how
it shall be paid
in fiiture.
belonging to any manors, messuages, lands, tenements, or hereditaments which
shall be sold by any bishop or other ecclesiastical corporation aforesaid, for the
purpose of redeeming any land tax, whether the same shall be opened or
unopened, nor any right, title, or claim to open or work the same, nor any
advowson or right of patronage or presentation to any living or ecclesiastical
benefice, or right of nomination to any perpetual curacy shall pass by any
conveyance of such manors, messuages, lands, tenements, or hereditaments,
either by express or general words in such conveyance, although such advow-
son, right of patronage or presentation, or nomination may be appendant or
appurtenant to such manors, messuages^ lands, tenements, or hereditaments;
and such mines or minerals, seams or veins of coal, metal, or other profits
aforesaid, together with all proper and necessary powers for opening and
working the same, and such advowsons, rights of patronage or presentation, or
nomination shall be always absolutely excepted and reserved to such bishops
or other ecclesiastical corporations aforesaid, as fully and effectually to all
intents and purposes as if the same were in such conveyance expready.
excepted and resei'ved.
LXXXI. And be it further enacted, that no deed or instrument whateTcr
whereby any sale, enfranchisement, mortgage, or grant shall be made of or out of
any manoi-s, messuages, lands, tenements, or hereditaments under the authoriJy
of the said last-mentioned commissioners, by virtue of this Act, shall be Uahb
to any stamp duty whatever.
LXXXII. And be it further enacted, that where any manors, messuages,
lands, tenements, or other hereditaments of or belonging to any bodies politic
or corporate, or companies, or feofffees or trustees for charitable or other public
purposes, which shall be sold by virtue of this Act, shall be, either exclusively
or in common with other manors, messuages, lands, tenements, or heredita-
ments, subject to or charged with any yearly sum or sums, stipend or stipends,
or other profit or emolument, to or for the use of any rector, vicar, curate, or
other person or persons, it shall be lawful for the said last-mentioned commis-
sioners to direct how and in what manner and proportions, and out of what
part or parts of the manors, messuages, lands, tenements, or hereditaments
originally liable thereto, such sum or sums, stipend or stipends, or other profits
or emolumelits as aforesaid, or any specific part or parts thereof, shall respec-
tively be paid or borne in future ; and in every such case, and from thence*
forth, the manors, messuages, lands, tenements, or other hereditaments, or such
specific part or parts thereof by or out of which the same shall be so directed
to be paid or borne, shall be exclusively subject thereto, and to such powers
and remedies for the recovery thereof as the law has provided for the recoveiy
of rent reserved on leases.
LXXXIII. And be it further enacted, that where part only of divers manors,
messuages, lands, tenements, or hereditaments which may have been usually
demised together by any sucli bodies politic or corporate, or companies, or
feoffees or trustees for charitable or other public purposes, by one lease, upon
which an entire ancient and accustomed rent or rents hath or have been re-
served or made payable, shall be sold for any of the purposes of this Act, it
shall be lawful for the said last-mentioned commissioners to apportion such
ancient rent or rents, and to 'settle and adjust the proportion thereof which
shall from thenceforth be paid or payable in respect of such of the manors
^^^
J
JLD. 1801-2.
42 Oeoboe IIT. c. 116.
22$
and other hereditaments coniprised in the said lease which shall not be sold
iat the purposes aforesaid, or to settle out of what part or parts of the manors,
messuages, lands, tenements, or hereditaments liable thereto the whole of such
lent or rents (if the nature of the reservation will not admit of apportion-
ment) shall be reserved or paid in future; and in all leases which shall
ihereaftpr be granted of such last-mentioned manors and other hereditaments
tiie som or other article or thing which shall have been so settled and appor-
tioaed shall be the rent to be reserved thereon, any law to the contrary
notwithstanding.
liXXXIV. And be it further enacted, that where any bodies politic or cor-
poiate, or companies, or feoffees or trustees for charitable .or other public pur-
poses,'shall enfranchise any copyhold or customary messuages, lands, tenements,
or hereditaments which are or shall be holden of any manor belonging to them
which shall be under lease, it shall be lawful for the said last-mentioned com-
Bunioners to settle and adjust all questions that may arise between any such
Ibodies poUtic or corporate, and companies, and feoffees or trustees for chari-
table and other public purposes, enfranchising as last mentioned, and his or
th^ lessee or lessees, or any cestuique trust of such lessee or lessees, touching
oreoDceming any such enfranchisement, and to order and direct a recompence
tobereservea out of the purchase money to such lessee or lessees, and such
penm or persons, if any, as shall or may be interested or entitled as cestuique
tadbiar otherwise under such lessee or lessees, for any loss or injury that may
oecortohim, her, or them by any such enfranchisement as aforesaid.
inXV. And be it further enacted, that where the reversion of any manors,
nsoages, lands, tenements, or other hereditaments holden under any body
pobie or corporate, or company, or any feoffees or trustees for charitable or
cAar public purposes, by virtue of aoy lease for one or more life or lives, or
£r years absolute or determinable on the dropping of one or more life or lives,
or by copy of court roll or customary tenure for life or lives, shall be pur-
cbased under the powers of this Act by or with the proper monies of the
poson or persons for the time being beneficially entitled to the rents and
prcrfits thereof, and where such lease or leases shall be subject to any will or
settlement, so that such person or persons shall not, at the time of purchasing
the said reversion thereof, be entitled to the absolute interest under such lease
or leases, and such person or persons shall be bound by any covenant, engage-
ment, or condition to renew the lease at the accustomed periods with his, her,
car their own monies or with or out of the rents and profits of the estate, then
and in every such case the immediate estates and interests under such sub-
sistii^ lease or leases, as well as the reversion expectant thereon, shall, under
the direction of the said last-mentioned commissioners, be charged with and
made subject to the repajonent of the principal money advanced for the pur-
diase of such reversion, with lawful interest, to or for the benefit of the person
or persons advancing the same, his, her, or their executors, administrators, or
assigns ; but if the person or persons so for the time being beneficially entitled
to the rents and profits of the estates comprised in such subsisting lease or
leases as aforesaid shall not be liable to any covenant, engagement, or condition
to renew the lease at the accustomed periods with his or her own monies or
with or out of the rents and profits of the estate, then and in such case the
reversion only expectant on the subsisting lease or leases shall, under such
The commiA-
sionen shall
adjast all qnes-
tions between
corporations,
&c. and lesaeefl
of their numorn
with respect to
enfrancluse-
ment of landfl.
Where the
reversion of
lands holden
under any cor-
poration, &c.,
by lease or copy
of court roU,
&c., and sub-
ject to a will
or settlement,
shall be pur-
chased by the
persons bene-
ficially entitled
to the profits,
but not having
the absolute
interest, who
shall be bound
to renew at
their own
charge, the
interests under
the lease as
well as the re-
version shall,
under the di-
rection of the
said commis-
sioners, be
made charge-
able with the
money ad-
vanced and the
interest, but if
such persons be
not so bound,
the reversion
only shall be
chargeable, un-
■■■»• . -
>
,■ ' »
r,
I'
I.
t
^
fL
Fr
^..
^
I*
224
42 Geoboe III a 116.
A.D. 1801-2.
less the persons
advancing the
money shall be
desirous of the
subsisting lease
being also made
chargeable.
Subject to
such charges
the fSee simple
shall be settled
to the uses of
the will or
settlement.
Where the im-
mediate estates
under any such
lease shall be
charged with
the payment of
the money ad-
vanced for the
reversion, the
persons entitled
to the profits
shall be charge-
able with the
interest accru-
ing during their
estate, bat not
for more than
one year pre-
viously.
Application to
the Court of
Chancery in
cases of diffi-
culty.
Corporations,
&c. by autho-
rity of the said
commissioners
may contract
with their les-
sees, &c. who
have redeemed
their land tax
for an assign-
menl thereof,
and may sell
lands to raise
money for that
purpose ; and if
any money shall
be in the Bank
or any stock
invested in the
names of the
commissioners
for the reduc-
tion of the
direction as aforesaid, be charged and made subject, for the benefij^ of such A
person or persons, with the payment of the principal money advanced for tlw^
purchase thereof, together with lawful interest, to accumulate from the time of
such purchase till the expiration of the subsisting lease, after deducting out
of such interest the annual rent (if any) which shall be payable during the
lease and which shall have been purchased vidth the reversion, unless the
person or persons advancing such money shall be desirous that the same,
together with the interest, may be made a charge on the subsisting lease or
leases, in which case the immediate estates and interests under the same, as
well as the reversion expectant thereon, shall be charged and made subject to
the payment of such principal money and interest, in like manner as if such
person or persons had been bound to renew the lease ; and subject to audi
charges so to be made respectively as aforesaid, the fee simple of such manors,
messuages, lands, tenements, or other hereditaments shall be settled, under the
like direction, for the benefit of the person or persons so purchasing the same,
and of such other persons as would have been entitled under such will or
settlement to the benefit of any renewed lease or leases for the time being, and
so as to be enjoyed by them for such respective estates and interesia as, con-
sidering the alteration of the tenure, shall appear to the said commissiousa
most correspondent with the intention of such will or settlement : Provided
always, that where the immediate estates or interests under any such lease or
leases shall be charged with and made subject to the payment of the principal
money advanced for the purchase of the reversion, the persons successively
entitled to the rents and profits of the manors, messuages, lands, tenements,
and hereditaments comprised in the subsisting lease or leases respectively shall
be made chargeable with the interest accruing during his or her estate therein,
and that no greater arrear than for one year shall be recoverable against any
person who shall become entitled in remainder for interest accrued during the
estate or term of any person or persons entitled to any preceding estate or
interest in the premises : Provided also, that it shall be lawful for the said
commissioners to direct an application to be made to the Court of Chancery in
a summary way for obtaining direction as to the mode of settling any such
reversion, or the equity of redemption thereof, where the case shall appear to
them to be attended with difiiculty,
LXXXVI. And be it further enacted, that it shall be lawful for any bodies
politic or corporate, or companies, or feoffees or trustees for charitable or other
public purposes, by and under the direction and authority of the said kst-
mentioiied commissioners, to contract and agree with their respective lessees
and tenants holding under any demise, by copy of court roll or otherwise, who
shall under the powers contained in the said recited Acts or any of them (f
of this Act have redeemed the land tax charged on the manors or other here-
ditaments comprised in such demises respectively, for an assignment to such
bodies politic or corporate, or companies, or feoffees or trustees for charitable
or other public purposes, of the land tax which shall have been so redeemed
by their respective lessees or tenants ; and for the purpose of completing the
purchase of such assignment it shall be lawful to carry into execution all and
every or any of the powers which under and by virtue of this Act are or shall
be vested in them for raising money by sale of any manors or other heredi-
taments for the purpose of redeeming any land tax in the first instance:
AJ). 1801-2.
42 Geobob III. c. 116.
22i
Provided always^ that if any monies shall be then remaining in the Bank of
EngUndy or any stock shall be then invested ijn the names of tJie commissioners
for the reduction of the national debt, which shall have arisen from any sale
or siles before made by any such body politic or corporate, or company, or
feoffees or trustees for charitable or other* public purposes contracting for the
pnrehase of such assignment^ and vrhich shall not have been applied to the
redemption of any land tax, it shall bo lawful for the said commissioners
undo: the great seal or any two or more of them to order and direct that the
consideration agreed to be paid or transferred for such purchase shall be paid or
transferred out of such monies or stock respectively, and the governor and
eompany of the Bank of England and such commissioners for the reduction of
the DatioDal debt respectively are hereby authorized and required upon a cer-*
Uficate of such order, signed by any two or more of the said commissioners
under the great seal, to pay or transfer to the person or persons assigning such
iiad tax ihe money or stock specified in such certificate ; and the receipt or
reeeipts of such person or persons shall be a sufficient discharge for such money
orrtock
LXXXYIL And be it further enacted, that where any manors, messuages,
hods, tenements, or hereditaments belonging to any bodies politic or corporate,
or oDmpanies, or feoffees or trustees for charitable or other public purposes
dttllbe sold to raise money for the redemption of land tax, and it shall after-
ididi appear that the money arising from such sale or sales shall not be
mSatslk to redeem the whole of the land tax charged on the manors, mes-
suge^kads, tenements, or hereditaments belonging to such bodies politic or
aapoEue, or companies, or feoffees or trustees for charitable or other public
• purposes^ and sudi bodies politic or corporate, or companies, or feoffees or tnis^
tern for charitable or other public purposes shall be willing and desirous to
pay into ihe bank such further sum or sums as may be necessary to make up
the whole of the money requisite to redeem such land tax, then it shall be
lawfiil for the cashier or cashiers of the Bank of England, and they are hereby
required, to giye a receipt or receipts for all such sum or sums as may be
G^ered to be paid to them to make up such deficiencies, and to apply such
monies for the purpose of completing such redemption.
LXXXYIIL Ahd be it further enacted, that where the land tax charged on
any manors, messuages, lands, tenements, or hereditaments belonging to any
iMBhop or other ecclesiastical corporation shall have been or shall be redeemed
fay sueh Inshop or ecclesiastical corporation with any monies which shall have
been or sbaD be raised for that purpose by virtue of any of the powers or
provisions of the said recited Acts or of this Act, sueh land tax shall be con-
sidered as yearly rent payable to sach bishop or other ecclesiastical corfx/ration,
Ids and their successors, over and above the reserved rent (if any) during the
demise existing at the time of such sale, and shall be recovere^l and pairl sm
sfodi, and the land tax so redeemed shall in all future demiites of sueh manors,
measoflges, lands, tenements, or hereditaments be added to the ancient and
aceostomed yearly rent reserved or made payable during the terms granU'A by
such demises, and shall be reserved and rnarle j/ayable as such aecuHt//m#?d
yearly rent during the terms to be granted as aforesaid, and shall be recovered
and recofveraMe as socfa accosV^mfr^l rent by th^; like r^mi^'di'rM an -,»jch hinhijjm
or otha* eedesiastical eorp^^rations may ase for the recovery <4 the ancient and
TOL. IV. F
national debt
produced 1)y
Bales previuuHly
made by kucU
oorporatioDM,
&o. which
shall uot have
been applicil
for redemption
of land tax it
may be applied
for purchuK«;
of Kueh UH{(i^ii«
ment.
Where the
money aruinf^.
from Halo of
lauds halonginfr
to any coqK)r!i-
tions , &c, shall
be hiKafficient
to redeem the
whole of th<'
land tax, thi*
Bank may re-
ceive money
to make up th*.*
deficiency.
JjanA tax ro^
d#*^M^l by
bi*hoj»<», &c.
»ili;«li ]h: I'ltU'
n'uis-rttil H^ ail
ytrnrh r* :$t
orj t^tf pn-w-frt
sl:jI ftitor"
dtiij *^'-.
42GE0HaE III. c 116.
A.D. 1801-2.
Land tax re-
deemed by cor
porations, &c.
OS copyhold
or cosliniary
lands held by
lease shall be
tndihaU ba
recoverable
The whole of
lands DBually
occupied to-
gether may be
sold by aatho-
rltyofthecom-
with the con-
sent of tlie
persons first
entitled in re-
mainder, if of
Where persons
redeem their
laod tax by
any other
means than by
sale, morl);agc,
or grant, or
are cnliUed
to demand an
assignment of
any land tax,
&o., tbey may
raise money
to reimburse
accustomed rent reserved upon sucti demise; and where such manorK, mos-
suages, lands, tenements, or hereditaments shall be demised to G,ny underlesaee
who shall be bound by any covenant or agreement to pay the land tax charged
thereon, then and in such case the amount of such land tax shaD he considered
as rent reserved or made payable on such last-mentioned demise, and thii same
powers shall be had, used, or enjoyed for the recovery thereof as for tio
recovery of such rent when in arrear.
LXXXIX. AjfD be it further enacted, that where any land tax diartrealjfl
on any manors, messuages, lands, tenements, or hereditaments 'which are or
shall be holden by copy of court roU or other customary tenure of any manor
or manors belonging to any body politic or corporate, or company, or any
feoffees or trustees for cbai-ifcable or other public purposes aa aforesaid, ty
virtue of any lease or leases, shall have been or shall be redeemed by any such
body politic or corporate, or company, or feoffees or trustees for charitable nr other
public purposes, under the powers contained in any of the said recited Acts or
this Act, the amount of t^e land tax so redeemed or purchased diall be considered
afi rent reserved to such body politic or corporate, or company, or such feoffea
or trustees for charitable or other pubhc pnrposes as aforesaid, out of sudi
copyhold or customary manors, messuages, lands, tenements, or heroditainei^
and be payable on the ^same days as such land tax was payable before
redemption thereof, and the same powers shall be had, used, and enjoyed
the recovery thereof as for the recovery of rent in arrear,
XO. And be it further enacted, that if any farm, and lands, tenement^ '(
hereditaments usually occupied together shall be proposed to be sold
the proviuons of this Act, which ehall be more than sufficient for the pi
of redeeming the land tax, and in case it shall appear to the satisfaction A
the respective commissioners under whose authority such sale is to be mads
that such &rm, and lands, t«nements, or hereditaments cannot te divided ia
order that an adequate part thereof may be sold without loss to the pailia
interested, and (in cases of sales by any person or persons other than bodiw
politic or corporate, or companies, or feoffees or trustees for charitable or otto
public purposes) if the person or persons who shall be entitled to the firat
next beneficial estate in remainder, reveraion, or expectancy, being of fuU
shall consent and agree to the sale of the whole of such fann, and
tenements, or hereditaments so proposed to be sold, on the terms and
the restrictions herein mentioned, it shall be lawful in such case for b
respective commissioners to direct and authorize the sale of the whole of b
farm, and lands, tenements, or hereditaments, in the manner directed
this Act
SCI, And be it further enacted, that where any bodies politic or corpor
or companies, or any feoffees or trustees for charitable or other public [
poses, or other person or persons shall have redeemed or shall redeem
his, or her laud tax, by or out of their, his, or her own personal estate, or by
or out of any trust property applicable to such redemption by virtue of the
said recited Acts or of this Act, or by any other means than by sale, mc
or grant made or to be made under the provisions of the said recited Acts or ol
this Act, and also where any such bodies politic or corporate, or companieB
or feoffees or trustees for charitable or other pubhc purposes, or other person
or persons shall be entitled, under any of the provisions of the said i-ecited
ID. 1801-2.
42 George III. c. 116.
227
Aei8, to demand an assignment of any land tax upon the determination of any
pireeedent estate (in cases of contracts already entered into by virtue of the
ttid Acts wherein an option shall have been declared as therein is mentioned),
or shall agree under the provisions of this Act with the executors or adroinis-
tiators of any person dying before the transfer or payment of all the instal-
ments to be transferred or paid upon any contract entered into by him or her
to take an assignment of such contract for the purpose of completing the
same, it shall be lawful for all and every such bodies politic and corporate,
and companies, and feoffees or trustees for charitable and other public pur-
poses, and other person or persons, either for the purpose of reimbursing all
stock (in cases where the original consideration for ^ the redemption of any
Biidi land tax shall have been in stock) and for reimbursing all sums of
moDey (in cases where the original consideration for such redemption shall
haye been in money) which shall respectively have been before transferred,
laid out, or applied in the redemption of such land tax, or for the purpose of
nisiiig money to purchase any such assignment of land tax, or for the purpose
of niaiDg money as well to purchase the assignment of any contract not
completed as to complete the instalments remaining due thereon as aforesaid,
J to carry into execution all and every or any of the powers by this Act given
in <ader to raise money by sale, mortgage^ or grant for the redemption of
W tax, in such and the same manner, and under and subject to such and
ibe same rules, restrictions, and regulations in all respects as such bodies
politie or corporate, or companies, or feoffees or trustees for charitable or other
paUk purposes, or other person or persons would have been authorized by
^ let to carry into execution the same powers for the purpose of redeeming
iBj land tax in the first instance ; and where any such bodies politic or
corporate, or companies, or feoffees or trustees for charitable or other public
purposes, or other person or persons shall have redeemed or shall redeem any
eueh land tax by and out of any monies which shall have arisen or been
prodnoed or shall arise and be produced by any mortgage or grant which
shall have been or shall be made by virtue of the said recited Acts or of this
Aet, it shall also be lawful, for the purpose of paying off any sums borrowed
on that accoimt, to carry into execution all and every or any of the powers
hy this Act given in order to raise money by sale for the redemption of land
tax, in such and the same manner, and under and subject to such and the
same rules, restrictions, and regulations in all respects as such bodies politic
or corporate, or companies, or feoffees or trustees for charitable or other public
purposes, or other person or persons would have been authorized by this Act
to carry into execution the same powers for the purpose of redeeming any
land tax in the first instance.
XCII. And be it further enacted, that where any deduction or allowance
ahall have been or shall be made or allowed out of any fee farm or other rents
or annuities issuing or payable out of any manors, messuages, lands, tene-
ments, or hereditaments, to or for the benefit of any bodies politic or
corporate, or companies, or feoffees or trustees for charitable or*other public
purposes, or other person or persons, in respect of the land tax charged or
which shall have been charged on such manors, messuages, lands, tenements,
or hereditaments, it shall be lawful for such bodies politic or corporate^ or
companies, or feoffees or trustees for charitable or other piiblic purposes, or
P 2
to complete
such assien
ment in the
same way as
they coiild
have done for
redeeming the
land tax m
the first in-
stance ;
and they may
raise money in
the same way
to payoff
money bor-
rowed on mort-
gage or grant
for redeeming
the tend tax.
Where any al-
lowance shall
be made ont of
any fee £&rm
or other rentM
in respect of the
land tax, they
may be sold
subject to such
allowance.
I*
'•'.I..
y lease, &c., or
228 42 George III. c. IIU. A.D. 1801-2.
|- - oiher person or persons to sell such fee farm or other rents or annuitieB
1^ for the purposes and according to the provisions and under the restrictions of
this Act, subject to such deduction or allowance, and whether the land tax
charged on the manors, messuages, lands, tenements, or hereditaments out of
which the same shall be issuing or payable shall have been or shall be
redeemed at the time of such sale or not, and although the purchase monies
for the same shall, in the judgment of the respective commissioners autho-
rizing and approving of or consenting to such sale, be sufficient to redeem so
much land tax only as shall be equal to the amount of the clear fee farm or
other rent or annuity, after making such deduction or allowance as aforesaid;
and every such fee farm or other rent or annuity shall thenceforth be freed
I* and ^exonerated from land tax and all future assessments thereof, and also
from all deductions or allowances thereout in respect of land tax, other than
and except such deduction or allowance as shall have been made or allowed at
(ihe time of such sale.
Two monthB XCIII. And be it further enacted, that where the fee simple and inheritanoe
rntention to Bell ^^ ^^7 ^i^iors, messuages, lands, tenements, or hereditaments holden under
the fee simple any beneficial lease or leases or by copy of court roll as herein-before ia
p' ' hekTon lease mentioned shall be proposed to be sold by virtue of this Act, two calendar
b/. or by copy of months notice of such intended sale shall be given by the body poUtic a
E court roUshaU ^ ., . . n A
1^ ])e giVen to the corporate, or company, or other person or persons proposmg to sell the same^
P persons bene- jq ^j^^ person or persons for the time being beneficially interested therein
^ ' rested therein under the subsisting lease or leases or copy or copies of court roll thereof, or
J*^^®'^?^^^ to his, her, or their committee. or committees in cases of lunacy, gr guardian
their 'gnar- or guardians in cases of infancy, or in any other cases of incapacity to the
dt^e^bioh trustee or trustees or other person or persons having authority to act for
period they such person or persons incapable of acting for themselves, during which period
pre-emption, as of two months the person and persona»so beneficially interested, or his, her,
shall one co- or their committee or committees, guardian or guardians, trustee or trustees,
onX'rSutSof or otiier person or persons having authority to act for him, her, or tiiem on
the others; and tis^ her, or their behalf shall be entitled to contract for the purchase thereof,
if the pnce • /. . xu j • • *
offered shall ^n preference to any other person or persons ; and any one coparcener, or jomt
A*f^d^°b**u^ tenant, or tenant in common, beneficially interested as aforesaid^ shall have
not be sold at a the Uke privilege of pre-emption in respect of the whole of the estate com-
Si ait^r tw°^ prised in any such lease or grant by copy of court roll, on the refusal of any
months further other coparcener, joint tenant, or tenant in common to contract for the purchase
tT^pri^ll^'of ^^ their respective shares ; and such manors, messuages, knds, tenements, or
pre-emption be hereditaments shall not be sold to any other person or persons till after the
waived. expiration of such notice, unless the person or persons having the privilege
of pre-emption on behalf of themselves or others shall, by writing under his,
her, or their hand or hands, waive the same, in which case such fee simple and
inheritance may be sold to any other person or persons at any time before the
expiration of such notice : Provided always, that when any price shall have been
oflTered for the purchase of any such manors, messuages, lands, tenements, or
hereditaments by any person or persons having such privilege of pre-emption
as aforesaid, which shall not be accepted by the body politic or corporate,
or company, or other person or persons proposing to sell the same, such
manors, messuages, lands, tenements, or hereditaments shall not at any time
afterwards be sold to any other person or persons for a less price than the
AJ). 1801-2.
42 George III. c. 116.
229
price 80 offered hy the person or persons having such privilege of pre-emption
as aforesaid till after the expiration of two calendar months further notice
given to such last-mentioned person or persons of the sale proposed to be made
at sach reduced price (and which further notice is hereby required to be given
in every such case), during which further period such person or persons shall
have the like privilege of pre-emption as aforesaid of such manors, messuages,
lands, tenements, or hereditaments at such reduced price : Provided also, that
if sach person or, persons shall waive such privilege of pre-emption in manner
aforesaid, such manors, messuages, lands, tenements, or hereditaments may be
sold to any other person or persons at such reduced price at any time before
the expiration of such period : Provided also, that every such notice to any
oommittee of any lunatic, or any guardian of any infant, or any other person
having authority to act for any incapacitated person, ahall be as valid and
eS^ectual to enable the sale of such manors, messuages, lands, tenements, or
hereditaments to any person or persons not having any interest in the sub-
QstiDg lease or grant thereof, after the expiration of such notice (or sooner,
incase of the waiver of the privilege of pre-emption by any such committee,
goardian, or other person or persons having authority to act as aforesaid,) as
if 8adi notice or waiver had been given or made to or by any person or
pasoDs of capacity by law to act for themselves.
XCIV. And be it further enacted, that no sale or mortgage of any copy-
kUcr customary messuages, lands, tenements, or hereditaments, by virtue of
tbisAei, shall extend or be construed to extend in anywise to prejudice or
iffia the right of any lord or lords, lady or ladies of any manor of which the
MBse may be holden to such fine or fines as shall have been usual and ac-
CQstomed and of right ought to be yielded and paid to such lord or lords,
lady or ladies, upon any alienation of and admittance to such copyhold or
costomary messuages, lands, tenements, or hereditaments, nor to authorize any
purchaser or mortgagee of any such copyhold or customary messuages, lands,
tenements, or hereditaments, to enter and take any rents or profits thereof by
virtue of this Act, until such fine or fines shall have been duly paid : Provided
always, that upon the production of the deed of sale or mortgage, and upon
the pa3rment or tender of such fine or fines as aforesaid, the lord or lords, lady
or ladies for the time being of any such manor shall, at the next or some
Bubeequent court to be holden for such manor, upon request of the purchaser
or mortgagee of any such copyhold or customary messuages, lands, tenements,
or hereditaments, not only grant the same to him, her, or them by copy of
eofort roll for such estate or interest as shall be sold or conveyed, reserving
the usual and accustomed rents, customs, and services, but shall also at the
same court admit him, her, or them tenant or tenants of the same copyhold
or customary lands or tenements as other copyholders of the same manors
have been wont to be admitted, and to receive his, her, or their fealty
accordingly.
XCV. PhCVIDED always, and be it further enacted, that no other or greater
quantity of any estate (except in the case heroin-before mentioned) shall be
sold by virtue of this Act than what shall appear to the respective commis-
sioners, under whose authority the sale shall be made, eligible and necessary
to be sold for the purposes thereof; and no more money shall be raised by
any such sale, or by any mortgage or grant of any rentcharge to be made
Sak or mort'
gage of copy-
hold or custo-
mary lands not
to affect the
right of the
lord of the
manor to fines.
No more of ail
estate (except
as before men-
tioned) shall be
sold nor more
money raised
than shall ap-
pear to the
commiBBioners
^•
n
230
42 George III. c. 116.
A.D. 1801-2.
necessary for
redeeming the
land tax and
paying ex-
penses.
r
*
'.•■ 1
No lands shall
'l
be sold, mort-
gaged, or
.■■
charged if the
r;
person next
- •
beneficially
entitled or
■ »
his guardians,
&c^ shall,
i
within a month
after notice
given to him of
the intention
to make such
I-
sale, &c., agree
. to redeem the
■'
land tax, which
i
he shall then
m
be bound to do.
r;
p
1
».,
«
1. "*
t
f. .
t
Where a part
> .
' of an estate in
Ik
England shall
r
be proposed to
r
be sold or
mortgaged,
i
reversioners
u .
aggrieved, or
V
their guar-
I
■' 1
•
1 J
a'' t ■
by virtue of the powers and provisions of this Act, than what shall appear to
such respective commissioners suflScient for the purpose of redeeming the land
tax proposed to be redeemed, and also for the purpose of paying and satisfying
the costs and expenses which the bodies politic or corporate, or companies,
or feoffees or trustees for charitable or other public purposes, or other peiWHi
or persons making any such sale, mortgage, or grant, shall incur on account
thereof; and it shall be lawful for the respective commissioners under whoee
authority any such sale, mortgage, or grant shall be made, and also for any
courts, where the authority of sucli courts is requisite to such sale, mortgage,
or grant, to order and direct that such costs and expenses shall in the first
instance be paid and satisfied out of the monies to arise therefrom, or that
so much thereof as they shall deem sufficient shall be reserved for tbat
purpose ; and the order or direction of such respective commissioners or of
such courts respectively shall be a sufficient discharge for so much of the
said monies as shall be paid by any purchasers, mortgagees, or grantees in
pursuance thereof.
XCVI. Provided also, and be it further enacted, that no manors, messuages^
lands, tenements, or hereditaments shall be sold, mortgaged, or charged bj
virtue of this Act, if the bodies politic or corporate, or companies, or other
person or persons who shall be beneficially entitled to the first or next bene-
ficial estate in remainder, reversion, or expectancy therein (if any such shall
be), or the guardian or guardians of any such person or persons in cases of
infancy, or committee or committees of his, her, or their estates in cases of
lunacy, shall, within one calendar month after notice in writing shall be given
to him, her, or them by the bodies politic or corporate, or companies, or other
person or persons desirous of making such sale, mortgage, or grant (which
notice they are hereby required to give in every such case), propose and agree
to redeem the land tax for the redemption of which such sale, mortgage, or
charge was proposed to be made, and which land tax any such guardians or
committees are hereby authorized and empowered to redeem out of any
monies or personal property belonging to any infants or lunatics for whom
they shall be guardians or committees respectively ; and in every such case
the contract for the redemption of such land tax shall be made in the name of
or be assigned to the body politic or corporate, or company, or other person
or persons so beneficially entitled in remainder, reversion, or expectancy as
aforesaid, who shall be bound to complete the same, and have and enjoy all
benefits and advantages arising therefrom as other persons in remainder or
reversion redeeming any land tax are by this Act entitled to have and enjoy:
Provided always, that no such notice as last aforesaid shall be required to
enable any sale, mortgage, or grant by virtue of this Act in cases where the
persons desirous of making such sale, mortgage, or grant shall be the guardian
or committee or the husband of the person or persons beneficially entitled to
the first or next beneficial estate in remainder as aforesaid.
XCVII. Provided also, and be it further enacted, that it shall be lawful for
any body politic or corporate, or company, or other person or persons interested
in remainder, reversion, or expectancy in any estate in England of which any
part shall be proposed to be so sold or mortgaged by vii-tue of this Act, or for the
guardians, committees, or trustees of any such person or persons who shall be
aggrieved by such intended sale or mortgage, or conceive themselves so to be,
AJ>. 1801-2.
42 George III. c. 116.
231
at any tune before such estate shall have actually been conveyed by way of
sale or mortgage, to present a petition to the High Coui-t of Chancery, which
court shall have power in a summary way to make such order respecting the
suspension of or proceeding in such sale or mortgage, or for the sale or mort-
gage of any other part of the estate in question, as well as for the payment of
any costs occasioned by such petition, as such court shall think fit
XCVIIL And be it further enacted, that all and every sum and sums of
money to arise by virtue of any sale, mortgage, or grant to be made in pur*
snaiice of this Act (except such part thereof, if any, which shall have been
reserved under the order and direction of the respective commissioners autho-
rizing Uie sale, mortgage, or grant, for the purpose of paying casts and expenses
iBcarred therein, and except in cases where the payment thereof is otherwise
antliorized or directed by this Act,) shall be paid by the respective purchasers,
mortgagees, or grantees into the Bank of England, and thereupon the governor
and company of the Bank of England are hereby required to place the same to
the account of the commissioners for the reduction of the national debt^ under
the title of " an account of the sale of the land tax," who shall keep distinct
aeeounts tiiereof, and cause ttie same to be forthwith invested in the purchase
ctf three pounds per centum bank annuities in their names according to the
dixeetions of this Act, whether the contract or contracts for the redemption of
Hut land tax to be redeemed therewith, or the deed of sale, mortgage, or grant
^laUhave been completed or not ; and the cashiers of the Bank are hereby
leqmRd firom time to time to receive all such monies when tendered at the
Bank^ and the receipt of such cashiers, or any one of them, shall be a full and
BaSdeni discharge to the several purchasers, mortgagees, or grantees pajdng
in such monies as aforesaid ; and the bodies politic or corporate, or companies,
or other person or persons whose land tax shall have been or shall be redeemed
therewith shall, upon the production of the certificate of the contract or
oontracts for the redemption of such land tax, be entitled to have and receive
the same certificates and discharges, and their, his, or her estate shall be
exonerated and discharged from such land tax in the same manner in all
respects as if the quantity of three pounds per centum bank annuities to be
purchased with such monies had been actually transferred by them, him, or
her to the said commissioners as the consideration for the redemption of such
land tax.
XCIX. And be it further enacted, that where any manors, messuages, lands,
tenements, or hereditaments shall be sold by virtue of this Act for the purpose
of redeeming any land tax, it shall be lawful for the bodies politic or corporate,
or companies, or feoffees or trustees for charitable or other public purposes, or
other person or persona making such sale (with the consent and approbation
of the respective commissioners under whose authority the same shall be
made) to agree with the purchaser or purchasers of such manors, messuages,
lands^ tenements, or hereditaments that the consideration for the purchase of
the same shall be in the three pounds per centum consolidated or in the three
pounds per centum reduced bank annuities, to be transferred by such purchaser
or purchasers to the commissioners for the reduction of the national debt, in
lieu of lawful money of Great Britain to be paid into the Bank of England in
the manner herein-before directed ; and the commissioners for the reduction of
national debt are hereby required to accept and receive the transfer of such
diaD8^ &c. may
apply to the
Court of Chan-
cery, which
may suspend
or vary the
sale, &c., and
order payment
of costs.
Money arising
from sole, &c.
shall be paid
into the Bank
to the account
of the commis-
sioners for re-
duction of the
national 4ebt,
and invested in
the three per
cents, and the
cashier's re-
ceipt shall be a
dischaige, and
the persons
whose land
tax shall be
redeemed shall,
upon produc-
tion of certifi-
cate of contract,
be exonerated
therefirom as
they would
have b€^ if
they had trans-
ferred stock.
With the con-
sent of the
commissioners,
agreement may
be made with
the purchasers
of lands that the
consideration
shall be in the
three per cents,
to be trans-
ferred to the
commissioners
for reduction of
the national
debt, instead of
money, &c.
232
42GEORaE III. e 116.
A.D. 1801-2.
I
I
i
Where tlief e
shall be a 6ar«
plus of stock
after transfer-
ring snfficient
to redeem the
land tax, sach
surplus from*
lands in Eng-
land shall l)i
invested in the
Bank in the
name of the
accountant
general in
Chancery) and
applied by
order of the
court in dis-
charge of debts
affecting the
lands, the tax
on which is re-
deemedy or in
purchase of
other lands to
be settled as
the lands sold ;
the dividends
in the mean-
time to be paid
to the person
entitled to the
profits of such
lands if pur-
chased.
In Scotland
such surplus
stock may be
sold and the
proceeds be
placed in one
of the public
banks, by au-
three pounds per centum bank annuities ; and the certificate of any of the
cashiers of the Bank of England acknowledging such transfer shall be as
effectual a discharge to the respective purchasers transferring such stock as if
the consideration for such purchase had been in lawful money of Great Britain,
and paid into the Bank of England in manner herein-before directed ; and the
bodies politic or corporate, or companies, or feoffees or trustees for charitable
or other public purposes, or other person or persons whose land tax shall have
been redeemed therewith shall be entitled to the same certificates and dis*
charges, and their, his, or her estate shall be exonerated and discharged from
such land tax in the same manner in all respects as if such bank annuities had
been actually transferred by them, him, or her as the consideration for the
redemption of such land tax
0. And be it fiirther enacted, that whenever, by reason of any fluctuation
in the price of the said bank annuities, or that the precise quantity of estate
necessary to be sold for the purposes aforesaid cannot be set apart to be sold,
or by reason of the whole of any farm and lands, tenements, or hereditaments
being sold under the authority of this Act, there shall be any surplus of stock
transferred as the consideration for or purchased with the money arising by
any sale, mortgage, or grant to bo made by virtue thereof after reserving so
much of such stock as shall be agreed to be transferred as the consideration
for the land tax redeemed, the said surplus stock shall, where such manors,
messuages, lands, tenements^ or hereditaments sold, mortgaged, or charged are
situated in England, be placed in the books of the Bank of England in the
name and with the privity of the accountant general of the Court of Chancery,
to the intent that the same may be applied in the manner herein*after men-
tioned ; (that is to say,) to the intent that such surplus stock may at a
convenient time be sold, and the money arising therefrom applied, under the
direction and with the approbation of the said court (to be signified by an
order made upon a petition to be preferred in a summary way), in the dischar^ge
of any debt or debts or parts thereof affecting the manors, messuages, lands,
.tenements, or hereditaments the land tax charged whereon shall have been so
redeemed, or where the same shall not be so applied then the same shall be
laid out and invested under the like direction and approbation in the purchase
of other manors, messuages, lands, tenements, and hereditaments whidi shall
be conveyed and settled to, for, and upon such and the like uses, trusts,
intents, and purposes^ and in the same*manner as the majnors, messuages, lands,
tenements, and hereditaments which shall be so sold, mortgaged, or charged
as aforesaid stood settled and limitedi or such of them as at the time of making
such conveyance and settlement shall be existing undetermined and capable of
taking effect ; and in the meantime the dividends and annual produce of such
surplus stock shall from time to time go and belong to the person or persons
who would for the time being have been entitled to the rents and profits of
the said manors, messuages, lands, tenements, and hereditaments in case such
last-mentioned purchase and settlement were made.
CI. Pbovided always, and be it further enacted, that where such manors,
messuages, lands, tenements, and hereditaments so sold, mortgaged, or charged
are situated in Scotland, such surplus stock may be sold, and the money
arising therefrom be paid into or placed in one or other of the two pubhc
banks of Scotland with the previous authority of the Court of Session, ibe
A.D. 1801-2.
42 George IIL c. 116.
233
judges of which court are hereby empowered and required upon summary
petition to be presented to them by or on the behalf of the proprietor or heir
in possession for the time being to direct and order that the said surplus
money or balance shall be laid out and employed, as soon as conveniently may
be, under the direction and with the approbation of the said court, either in
the payment of debts affecting the said intended entaileid estate, or in the
purchase of other lands, tenements, or hereditaments, which respectively shall
be limited and settled to the same persons and uses and under the same clauses
and conditions as the said majiors, messuages, lands, tenements, and heredita-
ments which shall be so sold, mortgaged, or charged as aforesaid stood settled
and limited, and in the meantime, till the said surplus money or balance shall
be so employed, to order and direct the money to be laid out upon such security
MS to the court shall seem proper upon interest, and to direct such clauses to
be inserted in the bond or other security to be taken for the money as shall
be effectual to secure the person or persons who would for the time being have
been entitled to the rents and profits of the said manors, messuages, lands,
tenements, and hereditaments, in case such sale, mortgage, or grant had not
been made, and the succeeding heirs of entail who shall successively come to
the posseesion of the same, the enjoyment of the interest of the said money^
and to preserve the capital until the money shall be employed as aforesaid.
CIL Provided always^ and be it further enacted, that if any such surplus
a& ifotesftid shall not exceed the amount of two hundred pounds principal
stodc tho same shall be transferred to a trustee to be named by the bodies
pdkkar corporate, or companies, or other person or persons redeeming such
had tax, in order that the same may be applied in manner herein-beforo
doeeied, without obtaining or being required to obtain the direction or
approbation of the Court of Chancery or Court of Session as aforesaid.
dlL Provided always, and be it enacted, that where any manors, mes"
ullages, lands, tenements, or hereditaments shall be sold or charged for the
purpose of redeeming any land tax, the consideration for the redemption
whereof shall in the contract be stipulated to be paid in money, and the
mcmies to be produced by any such sale, mortgage, or grant shall not exceed
five hundred pounds, then and in such case it shall be lawful for the respective
purchasers or mortgagees of such manors, messuages, lands, tenements, or
hereditaments, or the respective grantees of any rentcharge thereout to pay
their respective purchase or mortgage monies to the receiver general for the
county or riding, or the collector for the shire or stewartry where the same
manors, messuages, lands, tenements, or hereditaments shall be situate, whose
receipts shall be as effectual in all respects to discharge such respective pur-
chasers, mortgagees, or grantees, as the receipt of the cashier of the Bank of
England would have been in case such monies had been paid into the Bank ;
and the respective bodies politic or corporate, or companies, or other person or
persons whose land tax shall have been redeemed therewith shall be entitled
to have and receive the same discharges, and their respective estates shall be
exonerated and discharged from such land tax in the same manner in all
respects as if such money had been actually pidd by them ; and in case there
shall be any surplus of such monies, after reserving the consideration for such
land tax, the same shall be paid to a trustee or trustees to be named by the
bodies politic or corporate, or companies, or other person or persons redeeming
thority of the
Court of Ses-
sion, which
shaU direct
the same to
be applied in
payment of
debts affectLDg
the estate, or
in the purchase
of other lands
to be settled
as the lands
sold, and in the
meantime to be
placed out at
interest for the
benefit of the
person entitled
to the profits
of the lands
sold, and suc-
ceeding heirs.
If the surplus
does not exceed
200/. stock it
shall be trans-
ferred to a
trustee to be
applied as
hereby directed
without appli-
cation to the
Ck>urt8.
Where lands
are sold or are
charged for not
more than 500/.
and the con-
sideration for
redemption is
to be paid in
mone^, it may
be paid to the
receiTer gene-
ral or the col-
lector of the
county, &c.
whose receipts
shall be dis-
charges; and
any surplus
shall be paid
to a trustee
and applied as
surplus stock
not exceeding
200/.
I
I-
I-
f
t, -
it.
K
234
42 Geokge III. c. 116.
A.D. 1801-2.
Money raised
for reimbursing
any sums laid
out in the re-
demption of
land tax, or
purchasing the
assignment of
any land tax,
&c. shall, under
the order of the
commissioners
who authorized
the sale, be
paid to the
persons entitled
to the benefit
thereof, and
any remaindep
shall be paid to
the Bank, &c.
Where lands
are sold for re-
deeming any
land tax, the
purchase mo-
ney may be
agreed to be
paid by instal-
menttf into the
Bank in man-
ner prescribed
by tiliiB Act
In default of
payment the
person, &c.
selling the
lands shall be
exonerated,
and the pur-
chaser shall
be liable.
such land tax^ in order that the same may be applied in the manner directed
by this Act respecting surplus stock where the same shall not exceed two
hundred pounds stock.
CIV. Provided always, and be it further enacted, that in all cases where
any money shall be raised under any of the provisions of this Act for the
purpose of reimbursing any stock or any sum or sums of money laid out in
the redemption of land tax, or of paying off any sums before borrowed for
that purpose, or for the purpose of purchasing the assignment of any land tax
under any of the provisions of the said . recited Acts or of this Act, or the
assignment of any contracts not completed, in order to complete the same,
such monies shaU not be paid into the Bank of England or to any receiver
general or collector, but the same, or (in cases where the assignment of any
contract shall be purchased in order to complete the same, or in cases of sale,)
so much thereof as shall be requisite shall, under the order of the respective
commissioners who shall have authorized the sale, mortgage, or grant, be paid
to the bodies politic or corporate, or companies, or other person or persons
entitled to the benefit thereof, whose receipt or receipts in pursuance of soeh
order shall as edectuaUy discharge the respective purchasers or mortgagees m
the receipt or receipts of the cashier of the Bank of England, or any receiver
general or collector would have done, in case the same had been paid iuto the
Bank, or to such receiver or collector pursuant to the directions of this Act;
and the remainder of such monies (in cases where any such ^all be) shall in
pursuance of such order be paid into the Bank of England, or to the receiver
general or collector (as the case may require), to the same account, and shall
be applied in the same manner ; and the cashiers of the Bank, or any of them,
and such receiver general or collector are or is hereby required to give such
receipt for the same as if the whole of such purchase or mortgage money had
been paid into the Bank, or to such receiver general or collector in pursuance
of this Act
CV. And be it further enacted, that where any manors, messuages, lands,
tenements, or hereditaments shall be sold by virtue of this Act for the purpose
of redeeming any land tax, it shall be lawful for the bodies politic or corporate,
or companies, or other person or persons making such sale to agree with the
purchasers of such manors, messuages, lands, tenements, or hereditaments, that
the purchase money for the same shall be paid by instalments, provided such
instalments be to be paid into the Bank of England in the manner directed by
this Act within the same period and on the same days and times as shall be
specified in the contract for the redemption of such land tax for the transfer or
payment of the respective instalments of stock to be transferred thereon,
together with interest at the time of payment of each instalment, as herein is
directed to be paid jipon the transfer of stock by instalments : Provided also,
that such agreement, and the days and times stipulated for the pajrment of
such instalments, and the amount thereof respectively, be inserted and
expressed in the indenture whereby such manors, messuages, lands, tenements,
or hereditaments shall be conveyed : Provided also, that after such conveyance
shall be executed no such body politic or corporate, or company, or other
person, nor their respective successors, executors, or adininistrators, shall be
subject or liable to any penalty or forfeiture by this Act imposed, in case of
default in the transfer of any of the instalments agreed to be transferred on
iD. 1801-2.
42 George III. c. 116.
235
tbe oonbracb entered into by such body politic or corporate, or company, or
otker person, for the redemption of the land tax charged on their manors,
messuages, lands, tenements, or hereditaments, nor shall the land tax so con-
tacted for be revived or again become chargeable on the manors, messuages,
lands, tenements, and hereditaments whereon the same was charged prior to
such contract, but all such penalties and forfeitures shall be paid, sustained, and
borne by such purchaser or purchasers, his, her, or their heirs, executors,
administrators, or assigns, and all the subsequent instalments of such purchase
money shall be recoverable as a debt to his Majesty upon record against him,
her, or them, and against his, her, or their estates, goods, chattels, and effects.
CVI. And be it further enacted, that where any manors, messuages, lands,
teDfiments, or hereditaments shall be sold by any bodies politic or corporate,
or companies aforesaid^ or by any person or persons whatever for the redemp-
Uon of any land tax, under a contract or agreement with the purchaser or
purdiasers thereof that the purchase money shaJl be paid into the Bank of
England in not more than six equal instalments at equal periods from each
other, and be concipleted within the period of one year from the time of paying
in the first instalment, then and in every such case it shall be lawful for the
loris commissioners of the Treasury or any three or more of them for the
time being, at any time after payment of the fii*8t instalment, to agree with
^purchaser or purchasers of such manors, messuages, lands, tenements, or
W^ttunents for the advance or loan to him, her, or them of so much money
usballbe sufficient for the immediate completion of the contract, upon such
teBi&d conditions for securing the repayment of the said principal money
niole advanced, with lawful interest for the same, as the said lords com-
moners of the Treasury or any three or more of them for the time being
sUI think reasonable and just, and as shall be agreed to by such purchaser or
purchasers ; or otherwise it shall be lawful for the said lords commissioners
01 ihe Treasury 'or any three or more of them to contract and agree with any
other bodies politic or corporate, or companies, or other person or persons, for
the advance or payment into the Bank of England by such bodies politic or
corporate, or companies, or other person or persons, on the behalf of such
purchaser or purchasers, of such sum or sums of money as he, she, or they
shall desire to be advanced for the purposes before mentioned, upon such
tenns and conditions as the said bodies politic or corporate, or companies, or
other person or persons, and the said purchaser or purchasers shall respectively
■greeupon.
CVII Provided always, and be it further enacted, that all and every
person and persons, for whom any such sum and sums shall be advanced for
the purpose aforesaid, shall enter into a security for the repayment of the same,
with interest, by writing obligatory to our sovereign lord the King, in such
tnuD, or sums of money as shall be directed by the said lords commissioners
of the Treasury, or by the corporation, companies, societies, or persons re-
spectively advancing the same as aforesaid, to be paid to our said lord the
KiBg, by such form of words as obligations to the King's Majesty have been
used to be made, and with such conditions to be thereunder written as
between the said commissioners of the Treasury, or the parties advancing such
sums of money, and the said respective purchasers, shall be agreed on ; and
that all such obligations so to be made shall be good and effectual in the law,
Where the pur-
chase money of
lands sold for
redeeming the
land tax is to
he paid into the
Bank within
the year, and
in not more
than six in-
stalments, the
Treasury may,
after payment
of the first, ad-
vance money
for the imme-
diate comple-
tion of the con-
tract, or agree
with any other
persons for the
advance of such
money to the
purchasers.
Purchasers re-
ceiving such
advance to
enter into
honds to the
King for re-
payment with
interest.
236
42 George III. c. 116.
A-D. 1801-2.
&•
V-
f
t
y>
Such bonds
not liable to
stamp duty.
On failure of
repayment of
such advance
the Treasury or
other lenders
shall issue cer-
tificates to the
proper officers
of the Crown,
requiring them
to proceed
against the de-
faulters; and
the money,
when re-
covered, shall
be paid to the
Bank.
On the produc-
tion of any such
certificate to a
baron of the
Exchequer, and
on his fiat, an
extent shall
insue without
writ of scire
facias or fur-
ther proof.
On payment of
the advance,
with interest,
the purchaser's
bond shall be
delivered up,
and in cafle of
prosecution
satis&ction
shall be entered
on the record,
&c.
and shall be of the same quality, force, and effect, to all intents and purposes,
as any obligation made to our sovereign lord the King, or his predecessors or
any of them, hath at any time heretofore been or now is adjudged, received, or
taken to be, any law, usage, or custom to the contrary notwithstanding : Pro-
vided also, that no obligation to his Majesty in pursuance of this Act shall be
liable to any stamp duty whatever.
CVIII. And be it further enacted, that if default shall be made by any suA
purchaser or purchasers, his, her, or their heirs or assigns, in the repayment of
any such sum or sums of money which shall be so advanced either by the said
lords commissioners of the Treasury, or by any other bodies politic or corporate,
or companies, or other person cfr persons aforesaid, or of the interest thereon
or any part thereof, within the respective times limited by the said obUgations
for the payment thereof, it shall be lawful for the said lords commissioners of i
the Treasury, or the said bodies politic or corporate, or companies, or other per-
son or persons aforesaid, who shall have advanced such sums of money ai|
aforesaid, and they are hereby respectively required, without further delay
issue his or their certificate or certificates from time to time to the pro]
oflScer of the Crown having the management of proceedings upon obligatioDS
his Majesty, requiring such oflSicer or officers personally to proceed against
person or 'persons making such default, his, her, and their heirs, executors,
administrators, for the recovery of such parts of the sums advanced as shall
then due, together with interest as aforesaid, and such costs and charges
attending such proceedings as shall be by law payable for the same, the amount
of which principal sums so to be levied the said commissioners of the Treasury,
or bodies politic or corporate, or companies, or persons aforesaid shall cause
from time to time to be testified by their note in writing, under the hands of
any two]'or more of them, to such officer or officers, and which sums shall be
inserted in the writ or process, and the like process shall and may from time
to time issue as aforesaid as occasion shall require ; and the sums so recovered
(the costs and charges aforesaid excepted) shall be paid to the said cashier or
cashiers of the Bank of England, without abatement, deduction, or delay, in
satis&ction of such demands.
CIX. Provided also, and be it further enacted, that where any proceeding
shall be directed under the authority of this Act no writ or writs of scire facias
shall be required to be issued, but that upon the production of the certificate or
certificates of the said commissioners as before mentioned before any of the
barons of the respective courts of Exchequer at Westminster or in Scotland an
extent shall and may issue in the first process upon the fiat of such baron,
without any affidavit or other verification or proof of the cause of such pro-
ceeding than such certificate or certificates as aforesaid.
ex. And be it farther enacted, that after the due payment of the sums
Q.dvanced, with interest as aforesaid, every obligation entered into in puiwiance
of this Act being fully satisfied according to the true intent and meaning of
this Act shall be forthwith delivered up to be cancelled ; and in case any sach
obligation shall have been prosecuted according to the directions of this Act,
the said commissioners of the Treasury or any three or more of them shall hy
their warrant or warrants direct the proper officer or officers of the said
respective courts of Exchequer to enter up satisfaction, on such obligation or
■ill
13 1
U
\ki
:4cn
w
aid
k
JLD. 180M.
42 George IIL c lia
237
oUigttioiis being so satisfied as aforesaid, upon the record, or otherwise to
(idifer up the same to be cancelled, as the case may require.
CXL And be it further enacted, that such process as aforesaid shall and
Biij lawfully issue on any such obligation as aforesaid against the manors,
Dcssnag^ lands, tenements, or hereditaments so to be purchased as aforesaid,
and aD other the manors, messuages, lands, tenements, or hereditaments, and
«bo the goods, chattels, and .effects of such purchaser or purchasers, his, her, or
dieirbeijs, executors, or administrators, for the benefit of any such person or
penoQs, bodies, corporations, or companies, his, her, and their heirs, successors,
cxecotorB, administrators, or assigns, who shall in pursuance of any such
igieement with the said lords commissioners of the Treasury advance or lend
usy 8DIQ or sums of money to such purchaser or purchasers as aforesaid.
CXn. And be it further enacted, that all and every bodies politic and cor-
]Knte, and companies, and other person and persons making any such sale or
fldes, or contracts for any such sale or sales, for the purpose of redeeming their
hud tax, to whom such advance shall be made, shall from and immediately
ifcr the registry of the contract for the redemption of land tax have and
mjoy the full benefit of the land tax which shall have been contracted for
IB the same manner in all respects as if they respectively had themselves
tOBjJeted their contracts by the transfer of the whole consideration to b^
teterred thereon.
Prooefls may
issue agaiDst
the lands pur-
chased, as also
against all
other lands and
goods of the
purchaser.
Persons re-
ceiving such
advance shall
have the henefit
of the land tax
on registering
the contract
for redemption.
CSV. And be it further enacted, that all and every bodies politic and cor-
pak, or companies, or other person or persons, having any mortgage, charge,
ia, or incumbrance on any manors, measuages, lands, tenements, or heredita-
WtB which shall be mortgaged or out of which any rentcharge shall have
Ittn or shall be granted by virtue of the said recited Acts or of this Act, shall
iave and be entitled to aU such remedies, privileges, and advantages, both at
iiw and in equity, as he, she, or they would have had or been entitled to in
MM the said Acts or this Act had not been passed, or no mortgage or grant
Iliad been made by virtue thereof respectively; and the person or persons who
shall have lent or who shall lend any money for the purposes of the said recited
jActs or of this Act shall not have priority of security on the said manora,
lessuages, lands, tenements, or hereditaments, by force and virtue of the said
Acts or of this Act respectively, over any such prior mortgage, charge, lien, or
incumbrance, in respect of the principal money lent for the purposes of this
Act, but in respect of the interest thereof only : Provided also, that all bodies
politic or corporate, or companies, or other person or persons having any prior
mortgages, charges, liens, or incumbrances on such manors, messuages, lands
tenements, or hereditaments, shall be entitled, according to their respective
priorities, to advance the money required for the redemption of such land tax
in preference to all other persons.
CXY. And be it further enacted, that no bodies politic or corporate, or
companies, or other person or persons entitled in remainder, reversion, or
expectancy to or having any future interest in any manors, messuages, lands,
tenements, or hereditaments which shall be so conveyed or demised by way of
inortgage, or whereout any such rentcharge or rentcharges as aforesaid shall
have been or shall be granted and made payable in pursuance of the said
Mortgagees,
&c. under this
Act not to have
priority over
former mort-
gagees, except
for interest,
and such for-
mer mortgagees
to have pre-
ference to ad-
vance money
for redeeming
the land tax.
No reversioner
to he liable to
payment of
more than one
year's arrear
of interest on
mortgage debt
or of rent-
chai^.
238
42 George III. & 116.
A.D. 1801-2.
t
V
t
v»
r
i^
•,■*
Persons having
rentcharges
shall have the
same powers
for recovery
thereof as
landlords for
recovery of
rents.
When sale
moneys are
not paid into
the Bank, but
invested in the
three per cents,
to be trans-
'ferred to the
commissioners
for reduction of
the national
debt, they shall
accept the
transfer, and
grant to the
purchaser a
certificate of
the amount, on
production of
which at the
Bank a receipt
•hall be giVen.
Where land
tax charged
upon lauds
(except of
ecclesiastical
corporations)
'granted out
npon beneficial
leases, &c. shall
be redeemed
by sale of part
of the lands, the
unsold parts
shall be charge-
able with the
amount of the
reoited Acts or of this Acfc, shall be liable, upon their, his, or her coming into
the possession of or being beneficially entitled to any such man(»B, messuages,
lands, tenements^ or hereditaments, to the payment of arrears of interest on
any sum or sums of money secured by mortgage as aforesaid, or of arrears of
any rentcharge, for more than twelve calendar months preceding the time that
the title to such possession shall have accrued.
CXVI. And be it further enacted, that the respective persons to whom any
rentcharges shall have been or shall be granted by virtue of the said recited
Acts or of this Act shall have and be entitled to use and take the same poweis,
remedies, benefits, and advantages for the recovery thereof, as landlords by the
law have or are entitled to use and take for the recovery of rents reserved on
common demises or leases.
CXVII. And be it further enacted, that where any money arising from the
sale of any^manors, messuages, lands, tenements, or hereditaments shall not
have been or shall not be paid into the Bank of England pursuant to the
directions of the said recited Acts or of this Act, but shall have been or shall
be laid out and invested in the purchase of three pounds per centum bank
annaities transferred or for the purpose of being transferred to the commi-
sioners for the reduction of the national debt, as the consideration for the
redemption of any land tax chargeable on any manors, messuages, lands,
tenements, or hereditaments belonging to any bodies politic or corporate, or
companies, or other person or persons by whom such first-mentioned manors,
messuages, lands, tenements, or hereditaments shall have been or shall be here«
after sold, then and in such case the commissioners for the reduction of the
national debt or any one or more of them shall and they are hereby autho-
rized and required to accept and receive the transfer of such three pounds per
centum bank annuities, and to grant to any purchaser or purchasers of sach
manors, messuages, lands, tenements, and hereditaments, his, her, or their
agent or agents, a certificate under his or their hand or hands of the amount
of three pounds per centum bank annuities which shall have been or shall be
so transferred to them as aforesaid ; and upon the production of such certificate
to any of the cashiers of the Bank of England he or they shall and is or are
hereby required to give any such purchaser or purchasers such receipt or
receipts as by the said Acts or any of them or this Act is or are required to
be given, as well for any monies which shall have been or shall be so invested
as aforesaid, as for any other monies which may have been or may be paid by
him, her, or them into the Bank of England, in the manner required by the
said recited Acts or any of them, or by this Act.
CXVIII. And be it fiirther enacted, that in all cases where the land tax
charged upon any manors, messuages, lands, tenements, or hereditaments be-
longing to any bodies politic or corporate (other than bishops or other eccle-
siastical corporations), or to any companies, or other person or persons, and
granted out upon any beneficial lease or leases, or by any copy or copies of
court roll or other grant, according to the custom of any manor, for life or
lives, or years absolute, or years determinable upon any life or lives, shall be
redeemed by the monies arising from the sale or sales of the fee simple and
inheritance of any part of such manors, messuages, lands, tenements, or
hereditaments, then and in such case the respective manors, messuages, lands,
tenements, and hereditaments remaining unsold shall, immediately after the
j
A.D. 1801-2.
42 George III. c. llfi.
289
redemption of such land tax, be and become charged and chargeable for the
benefit of snch bodies politic or corporate, or companies, or other person or
persons, with snch yearly sum or sums respectively, by way of rentcharge, as
shall be equal in amount to the land tax charged thereon at the times of such
red^nption, which shall be applicable in their hands to the same uses and
purposes and in Ihe same manner as the several yearly rents and profits of
soch manors, messuages, lands, tenements, or hereditaments shall from time to
time be applicabla
CXIX. Akd be it further enacted, that every deed whereby any sale, mort-
gage, or grant of any rentcharge shall be made by virtue of this Act in relation
to estates in England shall be inrolled within six calendar months after the
execation thereof in one of his Majesty's courts of record at Westminster, or
in the courts of the counties palatine of Chester, Lancashire, or Durham, or
in the courts of great sessions in Wales, as the case shall require, or be regis-
tered in the counties of Middlesex and York in the manner required by law
for conveyances of real estates situated in those counties respectively ; and all
deeds and conveyances in relation to estates in Scotland shall be executed and
Rgisiered in the manner required by the law of Scotland in respect of sales or
dttiges of real estates : Provided always, that where the consideration ex-
pnased in any such deed shall not exceed two hundred pounds, the registry
thereof with the proper officer appointed or to be appointed for the registry
of eontracts for the redemption of land tax shall be as valid and effectual as if
theame were inrolled or registered in the manner herein-before directed, and
soA flficer is hereby required to register the same gratis ; and after the pay-
asAd the purchase or mortgage money into the Bank of England, or to the
/eeefrer general or his deputy in England, or to the collectors in Scotland (in
esses where the same is by this Act authorized to be paid to any receiver
general or his deputy, or collector), in the manner herein-before directed, and
after such inrolment or registry as aforesaid, every such deed of sale, mortgage,
or grant made by ^nirtue of this Act shall be good, valid, and effectual in tixe
law to all intents and purposes whatsoever :
CXX. And be it further enacted, that the proof of the due execution of
any deed of sale, enfranchisement, mortgage, or grant, under the provisions
of the said recited Acts or of this Act, by the respective commissioners parties
theireto, shall be allowed and admitted in all courts and places and before all
persons to be good and sufficient evidence that the sevei^ notices and other
acts, matters, and things required by the said recited Acts or this Act to be
given and done by any vendor or mortgagor, or any grantor of any rentcharge,
previously to any such sale, mortgage, or grants were duly given, done, and
performed by sudi vendor, mortgagor, or grantor pursuant to the directions
of the said recited Acts or of this Act
CXXL Pbovided always, and be it further enacted, that in all cases where
any monqr hath been or may hereafter be paid into the Bank of England, to
be placed to the account of the commissioners for the reduction of the national
debt, as the whole or part of the purchase money for any manors, messuages,
lands, tenements, or hereditaments sold or contracted to be sold by any bodies
politic or corporate, or companies, or feoffees or trustees for charitable or other
public purposes, or other person or persons, and it shall appear to the satis*
iaetion of the said commissioners appointed under the great seal, in cases
land tax
by way of
rentcharge.
Deeds of sale,
'&c. in England
shall be en-
rolled in a
coort of re-
cord, &c., and
in Scotland
shaU be exe«
cuted and re-
gistered as re-
quire by the
law there ;
but where the
consi^ration
shall not ex-
ceed 200/. the
registry of the
deed with the
registrar of
contracts for
redemption of
land tax shall
be valid.
Afterpayment
of the money
into the Bank,
&c., and enrol-
ment, the deed
shall be valid.
Proof of the
execution of
any deed by
the commis-
sioners parties
thereto shall
besuflkieDt
evidence that
everything re-
anired was
only done.
Where por-
ehase money
ban been fni-
properly paid
into the Haok«
to be placed
lo the account
of tbeeotnmis-
sioners U^rrt-
doetioa of the
national debt,
tbeeonnnia*
240
42 Oeobqe in. 0. 116.
A.D. 1801-2.
uoneri for
execDtiog this
Act, where the
sales vperemadB
under their an.
thority, and the
oommisHioTien
for taxes, in
other casex,
may order the
money to be
repaid! <"iA
where it has
been invested
ia stock, may
order it to be
tmnsfcrred to
the party
who ]>aid the
money, &c.
Where any per-
Bon having nn
eKtatc other
than of in-
hiritanco shatl
redeem the land
tax out of his
own property,
the estate Bhall
be chargeable
for hia bone-
fit with Iho
amount of the
ferred or money
paid, .and a
yearly sum by
equal to the
deemed ; but
the interest
only from the
time of Ihrar
coming into
possession ; and
when the land
lax has been
redeemed by
they shall be
entitled to u
equal thereto
mitil the estate:
where such sales or contracts for sale shall have been made under their
authority, or to the satisfaction of the commissioners for the afiaJrs of taxes
in all other cases, that such money ought not to have been so paid, then and
in all such cases it shall be lawful for the said commissioners appointed under
the great seal, by writing under their hands or the hands of any two of tliern,
and for the said commissioners for the affiiirs of taxes, or any three or mon'
of them, respectively to order and direct the governor and company of tk
Bank of England, and such governor and company are hereby required, to
repay all such monies to the person or persons by whom or on whose account
the same shall appear to have been paid into the Bank ; and in all cases
where such money shall have been already invested in the purchase of tiiree
pounds peif centum bank annuities, in the names of the commissioners for the
reduction of the national debt, upon a certificate signed by any two or more
of the said commissioners appointed under the great seal, or by any three cr
more of the said commissioners for the affairs of tables, as the case may be.
that such money ought not to have been so invested, it shall be lawful for tbe
said commissioners for the reduction of the national debt, or any one or moi^
of them, and he or they is and are hereby required, to transfer the stock wLi n
has been so bought by or transferred to them to the person or persons by
whom or on whose account such money shall have been paid into the Bank,
and with which money such stock had been so purchased, and the receipt and
receipts of such person and persons shall he sufficient discharges for sucli
monies or stock.
CXXIII. And be it further enacted, that where any person or persons
having any estate or interest (other than an estate of inheritance) iu uny'
manors, messuages, lands, tenements, or hereditaments shall redeem the lan<]
tax charged thereon by or out of his, hei^ or their own absolute property, such
manors, messuages, lands, tenements, or hereditaments 'shall be and become
chargeable for the benefit of such person or persons, his, her, or their executors,
administrators, or assigns, with the amount of the three pounds per centam
bank annuities which shall have been transferred, or with the amount of the
monies paid as the consideration for the redemption of such land tax, as th>!
case may be, and with the payment of a yearly sum or sums of money by
way of interest thereon, equal in amount to the land tax redeemed : Providetl
always, that no person or persons in remainder, reversion, or expectancy, or
having any future interest in such manors, messuages, lands, tenements, or
hereditaments as aforesaid, who shall afterwards, in order of succession, come
into the actual possession or be beneficially entitled to the rent and profits of
any such manors, messuages, lands, tenements, or hereditament, shall he
liable to the payment of any yearly sum or suras of money by way of interc^^t
as aforesaid, save only from the time they shall respectively come into
possession or be beneficially entitled as aforesaid : Provided also, that where
the land tax charged on any manors, messuages, lands, tenements, or heredita-
ments shall be redeemed by any bodies politic or corporate, or companies,
or any feoffees or trustees for charitable or other public purposes, or other
person or persons having any estate or interest in remainder, reversion, or
expectancy therein, or being substitute heirs of entail entitled in their order
to succeed thereto, such bodies politic or corporate, or companies, or feoffees
AJ). ISOl-'S.
42 Gbobge III. e 116.
241
or trastees fi>r oharitafale or other public purposea, or other person or persons
in remaiixkr, reversion, or expeetaney, or being substitute heirs of entail
•B sforasaid, shall in the meantime, until their respective estates and interests
▼est in poflBession by reaaon of the determination of the preceding estate,
be entitled to have a yearly sum issuing out of such manors, messuages,
hnds, tenements, or hereditaments, equal in amount to the land tax so
redeemed.
CXIIY. And be it further enacted, that where any one or more of any
persons seised or entitled in undivided shares of or to any manors, messuages,
kods, tenements, or hereditaments, as coparceners, heirs portioners^ tenants
in eommon, or joint tenants, shall not only redeem his, her, or their own
proportioii or proportions of the land tax charged thereon, but also the
pioportion or proportions of any others or other of such coparceners, heirs
portioners, tenants in eommon, or joint tenants, whereby the whole of the
aaid manors^ messuages, lands, tenements, or hereditaments will be exonerated
from the said land tax, the share or shares of such of the coparceners, heirs
portumers, tenants in common, or joint tenants, whose proportion or propor-
tums of land tax shall have been redeemed by the others or any other of them,
of and m such manors, messuages, lands, tenements, or hereditaments, shall.
band become chargeable, for the benefit of the person or persons rede^ning
the nme, his, her, or their executors, administrators, or assigns, with so much
ottte stock transferred, or so much of the money paid as the consideration
brtte redemption of the land tax, as would have been sufficient to redeem
nA ]Boportion or proportions of the land tax of the others or other of such
copuQsnerB, heirs portioners, tenants in common, or joint tenants, and also
witii the payment of such a yearly sum of money by way of interest as shall
Iieeqoal in amount to such proportion or proportions respectively.
CKXV. And be it further enacted, that in all cases where any bodies
politic or corporate, or companies, or other person or persons redeeming any
land tax shidl by virtue of this Act be entitled to have and receive out of
any manors, messuages, lands, tenements, or hereditaments any yearly sums
of money by way of interest, or by way of rent or of rentcharge equal in
amount to. the land tax redeemed, such yearly sum shall be payable on the
same days as such land tax was payable at the time of the redemption
thereof (unless where any other days are herein specified for that purpose),
and shall be recoverable by action, suit, distress, or any other means whereby
rents reserved on leases are recovered by law.
CXXYI. And be it further enacted, that where any tenant or lessee at a
rackrent for any term or number of years, or at will, of any manors, mes-
nageB, lands, tenements, or hereditaments, shall be bound by agreement to pay
the land tax charged thereon during the continuance of any demise, and such
land tax shall have been or shall be redeemed by or on the behalf of the
bodies politic or corporate, or companies, or other person or persons beneficially
entitled to the rent reserved or made payable on such lease or demise,' the
amount of the land tax so redeemed shall during the continuance of such lease
or demise be considered as rent reserved or made payable thereon, and the
same shall be payable on the same days, and the same powers shall be had,
twed, and enjoyed for the recovery thereof, as for the recovery of such rent
when in arrean
VOL IV. Q
Where one
coparcener,
&c. redeemH
not only his
own propor-
tion of the
land tax, but
the proportions
of the others,
their shares
shall be charge-
able for the
bene6t of 8uch
coparcener,
&c. with 80
much stock
or so much
money aa would
have been suffi-
cient to have
redeemed their
proportions,
and a yearly
sum by way of
interest.
Yearly sums by
way of interest
or rentcharge
shall be pay-
able at the time
when the land
tax redeemed
was payable.
Where a tenant
or lessee at
rackrent shall
be bound to
pay the land
tax, and it
shall be re-
deemed by the
person bene-
ficially entitled
to the rent, the
amount of the
land tax re-
deemed shall
be considered
as additional
rent reserved.
II
■
It
I
M
I.
f-
242
42 George III. c. 116.
A.D. 1801-a
f»r
r
c.
■< i
% .
I:
>.
[■:
.f
Where a per-
son has re-
deemed land
tax on lands
subject to an
annual rent
for which he
ironld have
been entitled
CXXYII. Akb be it further enacted, that where any bodies politic and
corporate, or companies, or other person or persons shall by virtue of the mi
i*ecited Acts have redeemed or shall by virtue of this Act redeem any land
tax charged upon any manors, messuages, lands, tenements, or hereditameats
which at the time of such redemption were or shall be charged with or subject
to the payment of any fee farm, feu duty, or other annual rent for which sudi
to deduct a pro- J^odies politic or corporate, or companies, or other person or persons would,
under 88 G. 3. upon payment of the land tax, have been entitled to abate and deduct a just
c. 5., he may proportion of rate under the said recited Act of the thirty-eighth year of his
deduct such present Majesty's reign for granting an aid to his Majesty by a land tax, it
proportion. gj^^^jj |^ lawiVd for all such bodies politic and corporate, or companies, or
other person or persons to continue to abate and deduct a just propoHion,
from time to time, upon any payment of such fee £Etrm, feu duty, or other
annual rent, as if such land tax had not been redeemed.
Guardians, &c. CXXYIII. AND be it fiirther enacted, that it shall be lawful for all guar-
may transfer dians, tutors, and curators of infants, and for all trustees for married women,
stock standing ,
in the names of who have contracted or who shall contract on their behalf for the redemption
infants, &c. ^f j^^^^j ^^ charged on any manors, messuages, lands, tenements, or heredita-
or j^nUy^with ments wherein such infants or married women shall be interested, to transfer
wtonptlonlDf ^ ^^® commissionera for the reduction of the national debt so much of three
land tax on the pounds per centum consolidated or three pounds per centum reduced annuities,
iSlmts* &c which shall be standing in the name or names of sucTi infants or married
women, either solely or jointly with such guardians, tutors^ curators, or
trustees, or any of them, as shall be sufficient for the redemption of the land
tax contracted for, and the governor and company of the Bank of England
are hereby authorized and required to peiTuit and suffer such transfers to be
made ; and the cashier or cashiers of the Bank of England shall give a certi-
ficate or receipt for the stock to be so transferred, which shall be an acquit-
tance and discharge to such guardians, tutors, curators, or trustees transferring
such stock as aforesaid ; and the said governor and company and their
respective officers are hereby indemnified against all persons whatever for any
transfer made in pursuance of this Act
No contract CXXIX, And be it further enacted, that no contract entered into after the
entered into , -
after passmg of passing of this Act for the redemption of any land tax, nor the amount of
*in^ ^f 'fVnd ^^^^ ^^ redeemed thereby, slmll in anywise be impeached, affected, or altered
tax redeemed by the judgment Or determination of the commissioners on any appeal from
the assessment by which such land tax shall have been charged,, whether
such appeal shall have been made prior or subsequent to any proceedings had
ment by which ^^^^^ ^^^ ^^^ ^^^^ *^® purpose of entering into such contract, but such appeal
shall be decided wholly between such other parties charged by such assess-
ment as shall not have entered into any such contract, and in the same,
shall "be decided manner as if the contract so entered into had been completed before the
making or determining such appeals ; and every contract so entered into
shall stand good, and the land tax redeemed thereby shall be considered as
if no such appeal had been made from such assessment
CXXX. Provided always, and be it further enacted, that if such land tax
AaiT^ve been ®^ contracted for shall have been reduced in its amount by any assesament
reduced within made within three years preceding the time of completing such contract, and
betoe^com- ^^7 ®^^^ appeal shall be made against the party who shall have entered into
thereby shall
be affected by
any appeal
the tax was
charged, but
the appeal
of the parties
as shall not
have con-
tracted.
If land tax
i .
m 1801-2.
42 George III. c 116.
243
the oo&tnict for the redemption of such land tax, his'or her heirs or assigns,
loi it shall be found to the satisfaction of the commissioners before whom
goeh appeal shall be heard, and shall be adjudged by them, that the reduction
in the amount of the assessment land tax so redeemed was fraudulently made
or was obtained by some undue practice or false representation of the value
o( the estate of such party in the parish or place where such assessment was
made, or of the proportion of value which his or her estate bore to other
estates or incomes liable to be assessed in the same parish or place, so as to
pro\'e to the satisfaction of such commissioners that such reduction was
wrongfully made, then and in such case, but not otherwise, the land tax so
eontracted for shall remain liable to be revised and altered (in the same
maimer as if the contract for the same had not been completed) by any deter-
mination on any appeal which shall be made and determined within one year
next afiier the completion of such contract.
CXXXI And be it further enacted, that it shall be lawful for the surveyor
geneial of the land revenues of the crown, in respect of the land tax charged
(HI the manors, messuages, lands, tenements, rents, or other revenues of the
crown within the survey and receipt of the Exchequer for the time being,
with the consent of the lord high treasurer or the commissioners of the
Tieafiory for the time being, and for the receiver general for the time being
otlhe revenues of the duchy of Lancaster, with the consent of the chancellor
iur^time being of the said duchy, in respect of the land tax charged on the
ttaoQis, messuages, lands, rents, tenements, hereditaments, or other revenues
dtkaown within the survey and receipt of the said chancellor and council
«*/ officers of the said duchy, and for the surveyor general of the duchy of
Coniwall in respect of the land tax charged on the manors, messuages, lands,
townentft, rents, and other revenues of the duchy of Cornwall, to contract and
igree with the commissioners acting in the execution of this Act by virtue of
his Majesty's warrant under the royal sign manual, for the redemption of the
lud tax charged upon any of the' said manors, messuages, lands, tenements,
rents, or other revenues respectively, and to proceed to the completion c{
sDch contract in such and the like manner in all respects as is herein-before
diiBcted in cases of redemption of 'any land tax, with and subject to such
henefit of preference as is herein-before given to any bodies politic or cor-
poiBte by this Act, except where it shall be otherwise expressly provided by
thi^Act
pletion of the
contract, and it
shall appear on
appeal to the • .
commissioners
that the re-
duction was
fraudulently
obtained, the
assessment may
be revised on
appeal within
one year from
con^pletion of
contract.
The surveyor
general of the
Uod revenues
of the crown,
with the .con-
sent of the
Treasury, the
receiver gene-
ral of the
duchy of Lan-
caster, with the
consent of the
chancellor, and
the surveyor
general of the
duchy of Corn-
wall, may con-
tract for the re-
demption of the
land tax within
their respective
surveys.
CXXXm. And be it farther enacted, that it shall be lawful for the surveyor
geaenl of the land revenues of the crown, now or for the time being, to contract or
B^Tpe mth any person or persons, or any bodies politic or corporate, for the sale from
dme t» time of such or so much of the manors, messuages, lands, tenements^ rents,
titiieR, mines, minerals, collieries, woods, wood grounds, fens, marshes, waste lands, or
other hereditaments belonging to the crown, and within the survey and receipt of the
Exchequer in England, for the best prices or considerations in money which the said
sorreyor general shall, under the direction and with the approbation of the lord high
treasurer or commissioners of the Treasury for the time being, be able to procure for
the same, fts will raise a sum of money sufficient for the redemption of the land tax
charged upon the manors, messuages, lands, tenements, tithes, rents, hereditaments, or
aay other revenues of or belonging to the crown ; and the purchase monies to be paid
for the same shall from time to time be paid into the Bank of England to the account
of the commissioners of his Majesty's Treasury, under which title the governor and
companv of the Bank of England are hereby required to open an account accordingly,'
Q 2
Surveyor gene-
ral of the land
revenues may
contract for
sale of crown
lands within
the survey of
the Exchequer
to redeem the
land tax;
the purchase
money to be
Mdd mtothe
Bank, and laid
out in the pur-
^Ki* >
244
42 Oeobob UL c. 116;
A.D, 1801-2.
cbaae of three
«
per cents., as
directed by
34 G. 8. e. 75.,
bat to be kept
as a distinct
account.
<
*"■
*f ,
9
r
M;
^
I
I
Contracts and
receipts, on
sale of such
lands to be in
the forms in
schedules (G.),
(H.),(L),(K.).
Chancellor and
council of the
dach^ofl^n-
caster may sell
lands, &c.
within the
duchj, to re-
deem the land
tax;
the purchase
money to be
paid to the re-
ceiver general
of the duchy
and invested
according to
the directions
of 19 G. 3.
cV 45.
The Treasury
and the chan-
cellor and
and shall be laid oufc bj order of the surveyor general in the purchase of three pounds
per centum consolidated bank annuities in the names of the commissioners of his
Majesty's Treasury, in like manner as is directed by an Act passed in the thirty-fourth
year of the reign of his present Majesty, intituled ** An Act for the better management
<S of the laid revenue of the crown, and for the sale of the fee farm and other
<< unimprovable rents," but nevertheless in such manner that the accounts thereof may
be kept separate and distinct from the accounts of the sales made and stock purchased
in pursuance of ihat Act. {Rep., Stat. Law Bev. Act, 1872.2
• •••«••••
CXXXVIIL And be it further enacted, that every conti*act made under the
authority of this Act, for the sale of any part of the land revenues of the crown within
the survey and receipt of the Exchequer, shall be in the form specified in the schedde
hereunto annexed marked (H.) |Bep., Stat. Law Eev. Ac\ 1872.]; and eveiy
certificate for the sale of any part of the revenues of the crown within the
survey or receipt of the chancellor and council of the duchy of Lancaster,
shall be in the form specified in the iichedule hereunto aimexed maxked (G.);
and every certificate of contract for the sale of any part of the revenues of the
duchy of Cornwall shall be in the form in the schedule hereunto annexed
marked (I.) ; and the receipt or acknowledgment for the consideration of
every such sale shall be in the form in the schedule hereunto annexed
marked (K.)
CXXXIX. And be it further enacted, that it shall be lawful for du
chancellor and council of the duchy of Lancaster for the time being to sell and
dispose of, to any person or persons, bodies politic or corporate, from time U
time, and thereupon to grant and assure in the name of his Majesty, his hein
and successors, under the seal of the said duchy, such and so much of the
manors, messuages, lands, tenements, tithes, mines, minerals, collieries, woods,
grounds, fens, marshes, waste lands, or other hereditaments belonging to the
crown and within the survey and receipt of the said duchy and the officers of
the same, at or for the best prices or considerations in money which the said
chancellor and council shall be able to procure for the saine, as will nuse
a sum of money sufficient for the redemption of the land tax charged upon
the manors, messuages, lands, tenements, rents, hereditaments, or any other
revenues of or belonging to the crown within the survey and receipt of the
said duchy and the officers of the same, and the purchase money to be pwd
for the same shall from time to time be paid into the hands of the receiver
general of the revenues of the said duchy, and acquittances and receipts given
by him for the same ; and the same shall be laid out and invested in like
manner in all respects as is directed by an Act passed in the nineteenth year
of the reign of his present Majesty, intituled " An Act to enable the chancellor
** and council of the duchy of Lancaster to sell and dispose of certain fee-farm
'' rents, and to oAfranchiso copyhold and customary tenements within their
<< aorvey, and to encourage the growth of timber on lands held of the said
** duchy,*' or any other Act or Acts now in force for the sale of any manors,
messuages, lands, tenements, rents, or hereditaments within the survey asd
receipt of the said duchy or its officera
JCXL.»! And be it further enacted, that it shall be lawful for the lord high
treas\irer or tl^e commissioners of the Treasury, in respect of the crown lands
{* This section, so &r as it relates to anything to be done in respect of crown iaods
within the survey and receipt of the Exchequer, rep., Stat. Law Rev. Act, 1872.}
ID. 1801-2.
42 (JEdBGB in c. 116.
245
within the sarv^ and receipt of the Exchequer, and for the chancellor and
eooncil of ihe duchy of Lancaster, by order of his Majesty in council, in
respect of the crown lands in the survey and receipt of the said duchy for the
time being, from time to time, to cause to be transferred to the commissioners
for the reduction of the national debt so much of the capital stock vested in
their respective names, arising from any sales made by them respectively in
pursuance of the said respective Acts of the nineteenth and thirty-fourth
years of the reign of his present Majesty, and of this Act, or any other Act or
Acts now in force for the sale of any of the manors, messuages, lands, tene-
Bients, rents, hereditaments, and other revenues of the crown within the
survey and receipt of the Exchequer or the duchy of Lancaster, as may be
necessary for the redemption of the land tax charged upon any of the said
manors, messuages^ lands, tenements, rents, hereditaments, and other revenues
of the crown respectively ; and that in the meantime and until the same shall
be 80 transferred the interest or yearly dividends thereof, and also the interest
w yearly dividends of any part of such capital stock which shall not be
^lied or disposed of for the redemption of such land tax, shall be from time
to time received, accounted for, applied, and appropriated in like manner in
aO reepects as is directed by the said Acts of the nineteenth and thirty-fourth
yeaiBofhis Majesty's reign in respect of the dividends of stock purchased in
pffmanee of the said Acts or either of them respectively.
ClLl. And be it further enacted, that upon the redemption by the transfer
of stock in the manner herein-before mentioned of any land tckx charged upon
ay iBfflors, messuages, lands, tenements, rents, hereditaments, or any other
renawes belonging to the crown, and upon the registry thereof in the manner
herein directed, the manors, messuages, lands, tenements, rents, hereditaments,
or any other revenues belonging to the crown, upon which such land tax shall
4ave been charged, shall thenceforth be wholly freed and exonerated from the
bud tax charged thereon, and from all further assessments thereof; and the
amount of such land tax shall thenceforth during the continuance of any lease
or demise now in being be considered as rent due to his Majesty, his heirs and
successors, and be recovered and recoverable as such by his Majesty, his heirs
lad successors, against any lessee or lessees, and by such lessee or lessees
against his, her, or their under lessees or tenants respectively, and shall be
collected and received by such person or persons and subject to such orders
and regulations as the lord high treasurer or commissioners of the Treasury in
respect of the crown lands within the survey and receipt of the Exchequer, and
the chancellor and council of the duchy of Lancaster in respect of the crown
lands in the survey and receipt of the said duchy, shall from time to time
i^poini and establish for the better collecting and answering the same to his
Majesty, his heirs and successors.
CXLIL And he it further enacted, that it shall and may be lawful for his royal
Highness George Prince of Wales and Duke of Cornwall, by warrant under his said
royal Highness's sign manual, to nominate and appoint such and so many persons as
kis said royal Highness may think proper, for the purpose of ascertaining the propor-
tions of the land tax charged upon any of the manors, messuages, lands, tenements,
hereditaments, or other revenues belonging to and parcel of the duchy of Cornwall ;
and such commissioners are hereby required, as soon as they conveniently can, to
certify and report in writing undisr their hands and seals unto the council or com«
miflsioners of the revenue of bis said royal Highness the proportions of such land tax,
and the district within which, and the manoi*s, messuages, lauds, tenements, heredita-
oonncU of the '
duchy of Lan-
caster may,
from the pro-
duce of sales,
transfer to the
commissioners
for reduction
of the national
debt the stock
necessary to
redeem die
land tax on the
crown lands
within their
respective sur-
veys ; the in-
terest in the
meantime, and '
any surplus,
to be applied
according to
directions of
recited Acts of
19 and 34 G. 3.
On such tranfH
fer the crown
hinds shall "be
exonerated
from the land
tax, apd the
amount shall
be considered
as rent due to
his Majesty,
and shall be
recoverable as
such from the
lessees, and by
them from their
underlessees.
The Prince o^
Wales may ap-
point persons
to ascertain
the proportion
of land tax
charged upon
the lands of
the duchy of
Cornwall, to be
reported to his
council, and a
246
42 George III. c. 116.
A-t). 1801-2.
r
if.
t ■
t
I:
>
copy to be sent
to the finrveyor
f^enenil of the
duchy.
8uch surveyor
^neral may
contract for
Bale of lands
to redeem the
land tax ;
the parchuse
money to be
paid into the
Bank.
Snch contracts
shall be made
only by war-
rant from the
prince's coun-
cil.
The Bank shall
open an ac-
count with the
said duchy.
The fcurveyor
gen end, in con-
tracting for the
sale of lands,
shall give the
purchaser a
certificate, on
production of
which, and pay-
ment of the
money, the
Bank shall give
a receipt, which
with the cer-
tificate shall
be enrolled with
the auditor of
the duchy, and
thenceforth the
purchaser shall
be possessed
of the lands.
mentSy or other revenues upon which the Bsme is charged and payable, and to tnmsmit
a copy of such certificate to the surveyor general of the du(^y of Cornwall {Rep.,
Stat. La\v Rev. Act, 1872.J
CXLIII. And be it fui-ther enacted, that it shall be lawful for the surveyor
general of the duchy of Cornwall now or for the time being to contract or
agree with any person or persons, or any bodies politic or corporate, for the
sale from time to time of such or so much of the manors, messuages, lands,
tenements, rents, tithes, mines, minerals, collieries, woods, wood grounds, fens,
marshes, waste lands, or other hereditaments belonging to and parcel of the
said duchy of Cornwall, for the best prices or considerations in money whicli
the said surveyor general shall be able to procui*e for the same, as will raise a
sum of money sufficient for the redeiuption of the said land tax charged upon
the manors, messuages, lands, tenements, or any other revenues belonging to
and parcel of the said duchy of Cornwall ; and the purchase money to be paid
for the same shall from time to time be paid by the respective purchasers into
the Bank of England, to be there received by the cashiers of the Bank, and
accounted for and invested in the manner lierein-after directed.
CXLTV. Provided always, and be it further enacted, that no such contract
shall be made unless by special warrant, to be issued for that purpose by the
council or commissioners of the revenues of his said royal Highness, or any
three or more of them, for the time being.
CXLV. And be it further enacted, that the governors and directors of the
Bank of England shall and they are hereb}' required to open an account in
their books under the title of " The account of the duchy of Cornwall," and
carry to the credit of such account the several monies directed as afoi'esaid to
be paid to the cashiers of the Bank for or on account of the purchase of any
of such manors, messuages, lands, tenements, rents, hereditaments, or oihcr
i-evenues of the said duchy of Cornwall ; and whensoever the surveyor general
of the said duchy of Cornwall shall have contracted with any person or persons,
bodies politic or corporate, for the sale of any such manors, messuages, lands,
tenements, rents, hereditaments, or other revenues of the said duchy of Cornwall,
the said surveyor general shall grant unto the purchaser or puix^hasers a certi-
ficate under his hand specifying the premises so contracted for, and the amount
of the purchase money to be paid for the same ; and the said cashiera of the
Bank or one of them shall, upon the production of such certificate, accept aud
receive from such purchaser or purchasers the purchase monies therein specified,
and at the foot or on the back of such certificate acknowledge the receipt of tiw
said monies without fee or reward ; and the said certificate and receipt sliall
be afterwards brought to the office of the auditor of the duchy of ComwalL
and be there forthwith inrolled in proper books to be provided aud kept for
that purpose separate and apart from the other business and proceedings of
the said office ; and the said auditor or his lawful deputy having inrolled the
said certificate and receipt shall attest the same under his hand and return the
said certificate and receipt to the purchaser or purchasers ; and fi'om and imme-
diately after such inrolment, and thenceforth for ever, the respective purchasers
of any such manors, messuages, lands, tenements, rents, tithes, mines, minerals
collieries, woods, wood grounds, fens, marshes, waste lands, or other heredita-
ments belonging to and parcel of the said duchy of Cornwall, and the heirs,
successors, or assigns of such purchasers shall by force of this Act be adjudged,
AJL 1801-2.
42 George III. c 116.
247
ContriuUH, if
not ci»i*tlflc<l
liiid enrol l<s(i,
and the money
pftid within 40
du^'i, mIiuII 1>c
void, unloMN the
■urve^'or guno*
rul of the lund
r4»vennc»t or of
the duchy of
Cornwttl! re-
Kpectivtly nIibU
on due ctunc
Nhewn order
the certiflcttte
to be enrolled
iiuac pro tunc.
deemed, and taken to be in the actual seisin and possession of the manors,
messuages, lands, tenements, rents, hereditaments, or other revenues so by
tbem respectively purchased, and shall hold and enjoy the san)c (peaceably and
quietly, and in as full and ample manner to all intents and purposes as his
aid royal Highness, his heirs or successors, Dukes of Cornwall, might or could
have held or enjoyed the same.
CXLVI. Provided always, and be it further enacted, that if any person or
penoiu with whom the surveyor general of the land revenue of the crown, or
of the duchy of Cornwall, shall contract for the sale of any of the manora,
messuages, lands, tenements, rents, hereditaments, or othoi* revenues by this
Act authorized to be sold as aforesaid, shall neglect to procure and sue forth
the certificate of the respective surveyor general of his, her, or their contract,
or shall neglect to pay into the Bank of England the consideration money
therein to be specified, or shall neglect to enrol such certificate and the
oshier 8 receipt for the said money, according to the directions of this Act, for
the space of forty days, to be computed from the day on Avhich such contract
dull have been made, the said contract shall be null and void, and the a)n-
dderation money, if paid into the Bank, shall be forfeited, unless the respective
amreyor general shall for any reasonable cause to him shown for the omission
of such enrolment order the said certificate to be enrolled nunc pro ttuic,
ad which, upon such cause being shown, he is hereby authorized to order
WBQifingly.
QLVn. And be it further enacted, that all and every sum and sums (jt
uej which shall be paid into the Bank of England under or by virtue <A
t&b Act on account of the duchy of Cornwall shall from time t^> time bf5 laid
«rt, ly order of the council or commissioners of the revenues of bis said royal
Highness for the time being, in the purchase of three pounds per centum liank
umniiies in the name of the Duke of Cornwall, in which name the governor
lad company of the Bank of England are hereby authorized and required U)
pennit transfers to be made of the annuities, funds, or st/^icks s^> Uf be purchas^^l,
lod sueh transfers to be accepted by the receiver general of the duchy rif
Cornwall or his deputy for and in the name rif the Dnke rif C^irnwall, and
the said receiver general or his deputy la hereby rer|uired t/i Beee\ft the same
>aording^y ; and that all and singular the annuitif^ n^i t/> }rf: purchav^i anrl
^Ueepted shall remain inve^sted in the name r/f the Duke of O/mwatl, and nUal]
TKit be transferred tfr teansferable to any j ^erv/n f/r pers^mx wbomi^jever, exe^f|/t
b the manner herein-after de&eribed; and that all the dividr^nds «'hall fr^mi
time to time be paid by the isaid gcnremor and erirojiany inUt the lian/k ^/f the
>«d receiver general of the dndiy of Cornwall for the tifn^; J^ing, ^/r hj«* d';|/tjty,
anlflball by force and virtue ^/f thi«» Act Ije deem^^ and taken 1/y law Vf 1^;
pait of the revennes of the <«ud duchy '/f O^mwalL and «liall lie fr^mt time t/#
time answered, aeeoonted for, i^'pli'^-d, anrl aj/pr^yfiriaU^d t/> %ueh an/J trie «iafrie
^ifitt and parprjses at» tLe reveniM:* '<f the duehy f/f OyrnwaJl Tf/w are m w/tjld
"Cieafter have been liable to, and Ijeen a(>fWjerl arjKl zyyr'^nv^A, in ea^^ U;e
^ fint-recited Ad or tbi<» Act had i^A }^^m utsiAf-^
CXLVlLL Pmunruno ahrar^ and 1^ it furih^ enaet^l. t>iat it tliali f^ Tf^ t^;^^ •
■^*fcl (or the eovBcil or eoaiml«»'>aer« rf tlj^ rer««»i^ ^4 hU mi4 r^/yal t^^T^ ^'^'^
Si0u»e§» for tlK tiiBe bar-^f. or anv thre« or iiiore of tb^:xi^ f/t wanant '0r *^mms^^^m»^%
}ionef pit'ul
into thti Bank
tm luuuftmt tff
hit uwl Tfmaih
mvi**tM in ih»'
thrat: ipi^ t'jttt»,
in tb( MmM* td
tli« Dtii«' //f
pfti4 itfifp th^
dnebir, and
Mpplit^ »« p»rt
id ihi: 6itfthj.
248
42 George III. c. 116.
A.D. 1801-2.
t
of the national
debt stock
necessary for
redemption of
the land tax
on the lands
of the duchy.
The lands of
the duchy shall
thereupon,
during the
continuance of
any demise, be
exonerated
£rom the land
tax, which
shall be con-
sidered as rent,
and be recover-
able from the
lessees, and by
them firom their
underlessees.
-J
power of attorney under their hands and seal of office, from time to time
to transfer to the commissioners for the reduction of the national debt so much
of the capital stock vested in the name of the Duke of Cornwall arising from
any sales made in pui'suance of this Act as may be necessary for the redemp-
tion of the land tckx charged upon any of the manors, messuages, lands,
tenements, or other revenues belonging to and parcel of the said duchy pf
ComwalL
CXLIX. And be it further enacted, that upon the redemption by the
transfer of stock in the manner herein-before mentioned of any land tax
charged upon any manors, messuages, lands, tenements, hereditaments, or other
revenues belonging to and parcel of the said duchy of Cornwall, and upon
the registry thereof in the manner herein directed, the manors, messuages,
lands, tenements, hereditaments, or other revenues belonging to and parcel of
the said duchy of Cornwall upon which such land tax shall have been charged
shall thenceforth during the continuance of any demise be wholly freed and
exonerated from the land tax charged thereon, and from all further assessments
thereof; and the amount of such land tax shall thenceforth during the con-
tinuance of any demise be considered as rent, and be recovered and recover-
able as such by his said royal Highness the Prince of Wales and Duke of
of Cornwall, his heirs and successors, against any lessee or lessees, or tenant
or tenants, and by such lessee or lessees, or tenant or tenants, against his^ her,
or their under lessees or under tenants respectively.
K
► •'•
I.
Where the
whole of the
land tax shall
not before 34th
Jane 1803 bo
redeemed by
the persons
havmg pre-
ference, the
commisfiionerB
for executing
this Act may
contract with
any other per-
sons for sale
of the part re-
maining un-
sold.
CLI. Akd be it farther enacted, that where the whole of the land tax charged on
any county, riding, stewortry, city, borough, cinque port, town, or place in respect of
the manors, messuages, lands, tenements, or hereditaments therein shall not before or
on the twenty-fourth day of June one thousand eight hundred and three have been
redeemed by the bodies politic or corporate, or companies, or other person or persons
having the benefit of preference by virtue of the said recited Acts relating to the
redemption of land tax or of this Act, but any part thereof shall then remain chai^
able for the benefit of his Majesty, his heirs and successors, it shall be lawful for the
commissionera acting in the execution of this Act by virtue of his Majesty's warrant
under the royal sign manual for such county, riding, stewartry, city, borough, cinque
port, town, or place to contract and agree with any other bodies politic or corporate,
or companies, or person or persons, for the sale of the land tax so remaining unre-
deemed and then chargeable as aforesaid, or any parts or parcels thereof, upon the
terms and conditions and in the manner herein-afler directed ; and all such rules^
methods, regulations, and directions as are herein prescribed with respect to iJie re*
demption of land tax by any bodies politic or corporate, or companies, or other perflon
or persons having such benefit of preference as aforesaid, shall be observed, practised,
and put in execution with respect to sales of land tax by virtue of this Act, in so far
as such rules, methods, regulations, and directions are respectively applicable thereto.
|Rep., Stat. Law Rev. Act, 1872.]
I'
i
^ Persons desir-
ous of pur-
chasing shall
produce a
statement of
the land tax
proposed to be
purchased to
the commis-
sioners of land
tax or supply,
or chief magis-
trate, who shall
CLIV. Ai^n be it further enacted, that all and every bodies politic or corporate, or
companies, or other person or persons desirous of purchasing the land tax charged
upon any manors, messuages, lands, tenements, or hereditaments, shall make out and
produce to any two of the commissioners of land tax acting in and for the hundred,
ward, lathe, wapentake, rape, or other division of the county, riding, city, boronghi
cinque port, town, or place, if in England, or if in Scotland to the commissionen of
supply of the county or 8tewai*try or the chief magistrate of the city or burgh within
which the same shall be situate, a schedule or statement in writing of the land tax
proposed to be purchased, and of the manors, messuages, landsy tenements, or heredita-
ments whereon the same is charged ; and the said commissioners of land tax or sapply
or chief magistrate respectively shall thereupon ascertain the amount of the land tax
P
i
A.D. 1801-2. 42 Gborge hi. c. 116. 249
*
propoft^ to be parchased, and the respective manors, messuages, lands, tenements, or ascertain and
hereditameuts wherecm the same is charged, and shall grant a certificate thereof in the certify the
fiinn in the schednle to this Act annexed marked (A*) to the bodies politic or corpo- ™<>"nt «J^ord-
nte, or companies, Or other person or persons applying for the same; which certificate (^n^ and *
shal] contain the description of such manors, messuages, lands, tenements, and heredita- upon produc-
mentB, distinguishing the parishes or places wherein the same may be situate, and tion of eerti-
also the name or names of the proprietor or proprietors and the occupier or occupiers ficate to the
thereof, and where such manors, messuages, lands, tenements, or hereditaments shall be comnii«»ioner«
separately assessed, shall distinguish the amount of each separate assessment of land t^^Act%^ ^
tax ; .and such bodies politic or corporate, or companies, or other person or persons may amend the
shall prodnce such certificate to the commissioners acting in the execution of this Act same) they
hj Tirtae of his Majesty's warrant under the royal sign manual, and where the land shall cause no-
tax proposed to be pmrchased shall not exceed twenty-five pounds shall also give notice ^^ °^ |^® °?®^
in writing to such conmiissioners whether the consideration is proposed to be in stock b^ fix*!^ wa the
or money, and, if in money, then whether the same is proposed to be paid in one sum church door,
or hy mstalments, and also the day or dajrs on which the same is proposed to be paid ; and if within
and the said last-mentioned commissioners are hereby authorized and required to ^^ ^y* ^^
examine and amend such certificate, if necessary, and thereupon to cause notice in o^J higher
writing to be fixed on the church door of the parish or place where the manors, mes- ^^ b^^^e
stages, lands, tenements, or hereditaments the land tax whereon shall be so proposed they may con-
to ht purchased shall be situate, of the offer made to purchase such land tax, at least tract for the
foarteen days before any contract shall be entered into by them for the sale thereof ; ^^f hnt if
md in case no other aS&t or offers shall be made within the said period of fourteen '^ ^^hSu^be
dajsby any other bodies politic or corporate, or companies, or other person or persons, ^j^d^ they shall
to purchase snch land tax for a higher price exceeding the price offered to be given contract with
by sQch first-mentioned bodies politic or corporate, or companies, or other person or the party mak*
pttsoos by one pound per centum at the least upon the amount of the stock or money ^^ ^t ; and
n^Ked to be transferred or paid as the price for the same^ then and in such case it ^^"^ f^"^' .
M Vi lawful for the said last-mentioned commissioners to contract and agree with traet^at ihe^^'
tk bodies politic and corporate, or companies, and other person or persons first offiering Bank and
t9^hase such land tax for the sale thereof according to the directions of th£ transfer of the
let; but if any other bodies politic or corporate, or companies, or other person or stock to be
pmrns shall within such period as aforesaid offer to purchase such land tax at a !?'«^r^£|i
Hf^ price exceeding the offer so first made by one pound per centum upon the j^^^ thereof! "
anoont of such stock or money at the least, then and in such case it shall be lawful or npon pro-
&r sach commissioners and they are hereby required to contract and agree for the dncuon of the
nfe of such land tax to the bodies politic or corporate, or other person or persons who contivct to the
dull within such period offer the highest price for the purchase thereof; and the said !^^^v ^u!^
conuniflsioners shall cause to be inserted in every such contract the description of the ^^ <JSileotor in
Bttoon, messuages, lands, tenements, or hereditaments, and other particulars relative ScotUnd and
thereto, herein-before directed to be inserted in such certificates ; and npon the pro- payment of the
dnotioa of such contract at the Bank of England, in cases where the consideration consideration
lUl be in stock, and upon the transfer to the conmiissioners for the reduction of the "l^^^^^u!
Bttiooal debt of the three pounds per centum bank annuities to be transferred as the ^tided to cer-
ooDsideration for the purchase of such land tax, or of such proportion of such bank tificates and
ioniiities as shall have been agreed to be transferred as the first instalment thereof, receipts as in
bang not less than one fourth part of the whole amount of such bank annuities, and cyesofredemp-
in cases where the consideration shall be in money then upon the production of such ^^L *°^f a*
contract to the receiver general for the county, riding, or place in England, or his ^^^Ztnod
fl^^Hity, (ff the collector for the shire, stewartry, or place in Scotland, where the manors, certificate the
i^ewiif^ lands, tenements, or hereditaments of which the land tax shall be so pur- lands shall be
chased shall be situate, and upon payment to such receiver general or his deputy or ?f^^?^^
wch collector of the sum or sums of money to be paid as the consideration for such ?^™^T^
purchase, every such body politic or corporate, or company, or other person or persons pn^diaser ah^i
shall be entitled to the like certificates or receipts from the cashier or cashiers of the be entitled to a
governor and company of the Bank of England, and from every receiver general or fee-fivm rent
his deputy and collector, as herein-before is directed in cases of the transfer or payment ^^^ ^^ *he lands
of the consideration for the redemption of any land tax ; and upon the r^istry of such ^^^
coDtnul, and also of the certificate of snch commissioners of supply or eUef magistrate dwmtd, ^
■s sbresaid, in the manner directed by this Act, the manors, messoages, lands, tenements,
or hereditaments the land tax whereof shall be so purchased shall be wholly freed and
s^unerated from such land tax and all further assessments thereof, and all claims of
his Majesty, his heirs and successors, in i-espect of the same, from the like periods a6
250
42 George IIL c 116.
A.D. 1801-2.
Sale of land
tax not to
affect the right
of the King to
arrears.
On the desire
of the person
beneficially in-
terested in the
lands, the com-
missioners may
order the whole
fee-farm rent
to be paid out
of a part only
of the lands, so
that the annual
value of such
part be e^ual
to three tmies
the rent ;
such part to be
sejNinitely de-
scribed in the
contract.
are kerein directed in cases of redemption of land tax ; but the respective purcbasers
of such land tax, and their heirs, successors, and assigns, shall from such period of
exoneration be entitled to demand, have, and receive for their, his, or her own utie for
ever, and shall hy virtue of this Act be adjudged, deemed, and taken to be in the
actual seisin and possession of a yearly rent or sum as a fee-farm rent equal in amount
to the land tax so purchased bj him, her, or them, free of all charges and deductions
"whatevei:, to be issuing and payable out of the manors, messuages, lands, tenements,
or hereditaments whereon the land tax so purchased was charged on the same days
as such land tax was payable at the time of the purchase thei*eof ; and such respectire
purchasers, their heirs, successors, and assigns shall have priority of security on such
manors, messuages, lands, tenements, or hereditaments in respect of such annual sum
or rent over eveiy other incumbrance thereon, and shall have and enjoy all such
powei*s, remedies, benefits, ^nd advantages for the recovery thereof, whether by action,
suit, distress, or otherwise, as landlords by law have or can enjoy for the recovery of
rents reserved on leases : Provided always, that the sale of any such land tax, and the
exoneration of the manors, messuages, lands, tenements, or hereditament ji therefrom,
shall not in. any manner prejudice or affect the right or title of his Majesty, his hein
or successors, to any arrears of such land tax remaining unpaid up to the period of
such exoneration, or prevent his Majesty, his heirs or successors, from using all such
ways and means for recovering such arrears as his Majesty, his heirs or successors^
could or might have used in case such land tax had not been sold. |Rep., Stat. Law
Rev. Act, 1872. J
CLV. Provided always, and be it further enacted, that if aay proprietor or
proprietors, or pei'son or persons beneficially interested in any manors, mes-
suages, lands, tenements, or hereditaments, which shall stand settled or limited
to or for the same uses, trusts, intents, or purposes, and in the same order and
course of limitation, and be subject to the same charges, liens, and incumbrances,
the land tax whereof shall have been pm*chased or shall be proposed to be
purchased, shall be desirous that such land tax shall, after the purchase thereof,
as a fee-farm rent, be paid and borne out of any particular part or parts only
of the* said manors, messuages, lands, tenements, or hereditaments, and shall
give notice in writing of such his, her, or their desire to the said commissioners
acting in the execution of this Act as last aforesaid, then and in such case it
shall be lawful for the said commissioners to order and dii-ect that the whole
of such fee-farm rent, whether consisting of one or of several assessments of
land tax, shall in future be paid and borne out of any paaii or parts only, and
out of what part or parts of the said manors, messuages, lands, tenements, or
hereditaments, of which the land tax shall be so proposed to be purchased as
aforesaid ; and in every such case the part or parts of such manors, messuages,
lands, tenements, or hereditaments out of which such fee*farm rent shall be
directed to be paid or borne shall from thenceforth be exclusively subject
thereto, and to the several powers and remedies for the recovery thereof herein-
before mentioned ; and the rest of such manors, messuages, lands, tenements,
or hereditaments shall from thenceforth for ever be wholly and absolutely freed
and discharged as well from the fee-farm rent acquired by sucli purchase as
from the land tax before charged thereon : Provided always, that the annual
value to be let of the part or parts of any such manors, messuages, lands,
tenements, or hereditaments which shall be so made exclusively subject to the
payment of any such fee-farm rent as aforesaid shall not be less in amount
than three times the amount of such fee-farm rent at the least : Provided also,
that the parts or part of such manors, messuages, lands, tenements, or heredita-
ments which shall be so made exclusively subject to such fee-farm rent^ and
the part or parts discharged therefrom, shall be separately described and
distinguished in the contract, or where the contract shall have been previously
k
JLD. 1801-^2-
42 George lit. c. 116.
251
entered mto, then in an indorsement thereon, or in a schedule annexed thereto
ooder (be hands and seals of any two or more of such commissioners.
CLVII. Provided always, and be it further enacted, that it shall be lawful
for all and every person and persons who shall become entitled to any fee-farm
rent^ by the purchase of any land tax sold in pursuiance of the provisions of this
Act, to bar and destroy any entail thereof which might have been barred by
recovery or fine, by deed acknowledged by such pereon or pei-sons, and inroUed
in one of his Majesty's courts of record at Westminster, or in the courts of the
counties palatine of Chester, Lancaster, or Durham, or in the coui^ts of great
session in Wales, or registered in the office for registering deeds in the counties
of Middlesex or York, as the case shall require.
CLVIII. And be it further enacted, that where the land tax charged on any
manors, messuages, lands, tenements, or hereditaments, which are or shall be
kiised or demised at a rackrent for any term or number of yeai's, or from year
to year, or at will, shall be purchased by any tenant or lessee thereof, who shall
not be bound by any covenant or agreement to pay the land tax during the
eoDtinaance of the demise, it shall be lawful for such tenant or lessee to retain
QQt of the rent reserved or made payable on such lease or demise during
tke continuance thereof the amount of the land tax so purchased ; and the
fajment or tender of the residue of such rent shall be as valid and effectual
tiD&charge such tenant or lessee as the payment or tender of the whole rent
nsrred on such lease would have been in case such land tax bad not been
jRodiased.
CLXL And be it further enacted, that it »liall be lawful for the governors of the
inotj of Queen Anne, and for the trustees for the time being of any trust property
kretofore given by any wiU for the purpot$e of being laid out in the purchase of lands
or impropriate tithes for the benefit of the poor clergy in England respectively, to apply
iQj com or eums of money or other funds, which by this Act such governors and trustees
respectively arc empowered to apply in and for the redemption of the land tax charged
on Uie lands, tithes^ or profits of any living or livings herein mentioned, in the purchase
of toy land tax which shall be sold in pursuance of the provisions of this Act, for tlie
purpose of augmenting any such living or livings which such governors or trustees
respectively shall think proper so to augment, and such land tax shall for ever after
tlie porchase thereof be annexed to such living or livings, and be issuing as a fee-farm
rent out of the manors, messuages, lands, tenements, or hereditaments whereon the same
was charged at the time of such purchase, or such of them as shall remain chargeable
tberewith under the provisions of this Act, for the benefit of such living or livings, and
be ptyable on the same days as such land tax was payable, and the incumbent or incum*
bents for the tinie being of snch living or livings shall have and enjoy the same
powers and remedies, benefits and advantages for the recovery thereof, whether by
action, soit, distress, or otherwise, as landlords by law have or can enjoy for the re-
covery of rents reserved on leases; and every such purchase of kind tax by virtue of
this Act for the benefit of snch living or livings shall be deemed valid and eflectual in
the law, and equivalent to all intents, constmctions, and purposes to a purchase or
parchases of laads or tithes for that purpose, any statutes of mortmain or other statute
or law to the oontrary notwithstanding {Rep^ Stat. Law Re\% Act, 1872.] ;a nd it
shall also be lawiiil for the said governors of the bounty of Queen Anne, not-
withstanding any such statutes or law to the contrary, to accept and take any
land tax which shall have been so purchased as a fee-farm rent as aforesaid, and
which shall be given or berjueathed to them by any deed, will, or otherwise for
Ac purpose of aogmenting any such living or livings as aforesaid, and to aj/fily
the same for or towards ihc angmentation of such living or liYings accordingly.
Purobascrn of
fee-form rents
may bar any
ontail tberem.
Where the land
tax Hhall be
purchaHcd by
a tenant at
rackrent not
bound to pay
it, he may re-
tain the amount
out of the rent.
Governor}* of
Queen AuneV
l)0unty, and
trustees of any
property given
by wUl to be
laid out in land,
&c, for the
benefit of the
poor clergy,
may purchase
land ux for
augmenting
livings which
shall infiue an
a fee-farm out
of the landff.
(iov«'m<ir» #jf
Qn«7en Aune*s
iKmnty muy
accei>t gifU or
devices of pur-
chased bod tax
for the aag-
mentation of
livings.
:
r
If
252
42 George III. c. 116.
A.D. 1.801-2.
I'
Gifts or devises
of land tax .
redeemed or
purchased for
the augmenta-
tion of any
living shall be
valid.
and the incumbent or incumbents for the time being of such living or livings
shall hold and enjoy such land tax; and all powers and remedies for the re-
covery thereof, in the same manner as if such land tax had been purchased
by the said governors, and annexed to such living or livings in pursuance of
this Act.
CLXII. And be it further enacted, that every gift or disposition of any land
tax which shall have been redeemed under the provisions of the said recited
Acts, or which shall be redeemed or purchased under the provisions of this
Act, made by the person or persons entitled thereto by deed, wiU, or otherwise,
for the augmentation of any living or livings whatever, shall be vaHd and
effectual ; and such land tax shall be held and enjoyed by or for the benefit of
the incumbent or incumbents for the time being of the living or livings which
shall be so augmented thereby, according to the tenor of such deed, will, or
instrument of gift ; any statutes of mortmam or other statute or law to the
contrary notwithstanding.
i'-'
fp>-
Contracts for
redemption and
purchase shall
be registered
with the pro-
per officer, who
shall make
three duplicates
of the amount
of the land tax
redeemed or
purchased, and
deliver one to
the receiver
general for the
county or
place, another
to the commis-
sioners of the
land tax of g
the division, '
and another to
the King's re-
membrancer.
Copies of the
registers of
contracts shall
be evidence.
Whcfe persons
contracting to
redeem, &c. die
without com-
pleting con-
tracts, the in-
stalments shall
be paid out of
their assets as
debts to his
Majesty on
record, and if
the assets are
deficient the
contract may be
CLXIV. And be it further enacted, that every contract entered into in
pursuance of this Act for the redemption or purchase of any land tax charged
as aforesaid shall, before the transfer or payment of the second instalment of
stock or money to be made thereon, or within three calendar months from
the time of making the transfer or payment of stock or money thereon, in
case the whole consideration shall be transferred at one time, be registered
with the proper officer appointed or to be appointed for that purpose ; which
registers shall be made in books to be provided and kept by such officer, and
the said officer is hereby required to make out three duplicates on parchment,
fairly written, under his hand and seal, of the several amounts of the said
land tax so redeemed or purchased and exonerated, distinguishing the severaj
parishes and places where the same shall have been assessed, and to deliver or
cause to be delivered one of such duplicates to the receiver general for the
county, riding, or place where such land tax shall have been charged, and one
other of such duplicates to the commissioners of land tax acting for the division
where the parish or place in which such land tax shall have been charged is
situated, and a like duplicate into the office of the King's remembrancer of
the Exchequer, whenever the same shall be required
CLXV. And be it further enacted, that eveiy copy of the register of any
contract made in pursuance of this Act and registered according to the direc-
tions thereof with the proper officer appointed for that purpose, whigh shall be
signed by him, shall be aliowed in all courts and places, and before all persons^
to be good and sufficient evidence of such contract
CLXVI. And be it further enacted, that if any person who shall h&ve
entered into any contract for the redemption or purchase of any land tax by
virtue of the said recited Acts or of this Act shall have died or shall die before
the transfer or payment of all the instalments of the consideration contracted
to be transferred or paid by him or her, without having made any provision
by will or otherwise how the future instalments shall be made good, then and
in such case the future instalments shall be paid out of the assets of the
persons so dying as a debt to his Majesty upon record, and the executors or
administrators of the penson so dying, and the trustee or trustees, guardian or
guardians, tutor or tutors, curator or curators of any infant, minor, or other
AJ). 1801-2.
42 Oeobge III. c. 116.
253
penoD entitled to the estate and effects of tho person so dying, shall be
indemnified against such infiant or minor, and all other persons whomsoever,
ibr making good the instahnents necessary to complete the said contract ; and
if such executor or administrator, trustee, guardian, tutor, or curator shall not
have Assets for that purpose, then they shall and may and they are hereby
leapeetively authorised and empowered to sell, assign, and dispose of the said
eontnct : Provided always, that when the person so d3fing shall have con-
tiaeled for such land tax under the benefit of preference given by the said
recited Acts or this Act, without having the absolute estate or interest in the
manors, messoages, lands, tenements, or hereditaments whereon the same wan
diarged, and the person or persons having the next immediate beneficial estate
or interest in succession, reversion, remiunder, or expectancy, and which shall
We beocRne vested in possession by reason of the determination of the pre-
ceding estate or interest of the person so dying, or his, her, or their guardi^i
or guardians;, or tutor or tutors^ in cases of infimcy, or committee or committees,
or curator or curators, in cases of lunacy, shall be desirous of taking an assign-
neni of such oontiact in order to complete the same, then and in such case it
ibn be lawful for the executors or administrators of the person so dying to
dliod assign such contract to the person or persons whose estates shall so
kve become vested in possession, or the guardian or guardians, tutor or tutors,
aniittee or committees, curator or curators of such person or persons on his,
k,flr their behalf whether such executors or administrators shall have in
As bands assets of the deceased person or not : Provided also, that the
/asm or perscms to whom sudi contract shall be assigned shall be bound to
Oi^ilete the same upon the same terms and conditions, by tiie same instal-
Meats, and at the same periods, and in the same manner, and have and be
eatitled to the same benefits and advantages as the person so dying would
ksirt been bound to complete the same or would have been oititled to in ea^i
he <r flbe had been then living : Provided always, that the respective Courts of
KxriygnpT or the oonmdasioiiers for the afiaire of taxes may in all such cases
give the Hke rdief, l^ enlarging the time for m»3rmg good any future instai-
meat or inslaimentfli, as they axe herel^ authorized to do in ca^es of forfeiture
^avQ^ the default <ji the party.
dJLVIL AxD be it further ffiafted, that if any person or prisons, after
ea^tenag into any soch contraet as aforesaid for the redemption or puidbaae of
any laiid tax, shall afierwaids neglect or r^use to complete the same by the due
and regular tranafier or payment of tlie consideration (whether by instalmenti>
or otherwise; agreed to be made th^^eon, then and in every such ease, and
BBBMdiately afier deCaolt shall be made in the tzanfer <^ pajnment of sodi
CGBBdention or any part tbereoty sndi eontcaet shall become null and void,
and the vhc4e of the land tax so eontzaeted for shall be revived and again
beeone chaigeahle <m the manors, messoages, lands, tenements, or heredita-
mentiB vhereoa the same waa ehaiged prior to such eontzaet, and such laad
tax (whether the same shall have been redeemed or porehasedy shall be again
laiaed, levied, and eollaeted for the use of his MAjtety, bis heirs and
or be again aold by the eommissioiiefv acting in the exeeuiioa of
this Act by virtae <£ his Majesty's wanant under the royal bign mannal, in
the flame marnier as if andii ecmtraet had not Ijeen entered inUj ; and the per»ou
ur peisoDii so malring dt*fault shall f .»r the non]»erf<jrLUiLnce of the eontract bfi
sold; bat if
theootitnct
was made by
a penK>D not
having the
abnolute estate,
and the fKfrtwm
taking the next
estate and '
becoming en^
titled in pos-
HeH««ion shall be
deftirouM of
takiofi the eon-
tract, it may be
aKhigned to
him, whethifr
there are as««(s
or not.
Persons to
whom eoBtrscts
are asaigiied
Khali be bound
to complete
Ihem upon the
originai term's.
The tiHw for
pa^'Baeiit ijf'iu-
t^taUuenti^ way
be enlarged.
If default bi*
msA^ ixi fnJfii-
Hiig asy 4>JU'
trxn the huid
tassfaidirev*!''',
and be agaixj
roaiib<.%scid or
sold, and tlie
de^atuHer bbstU.
be »ubj<3et to a
peohlfy not ex-
oeediug one
Sixleseuth <tf the
eoiit>iden(tioB.
2i4 42 aiOBOB UL c 116. A.D. 1801-2.
chaMa of thne And iliaU be laid ont bj order of tbe surveyor geoeral in the purcluwe of (bree pounds
per cents., u per ceatnin conaolidated bank annuities in me names of the commissiooers of his
^^ ^^-5 MajeslT's ^Treasniy, in like manner as is directed by an Act passed in the thirty-fourth
but to be'kept' 7***" **• ^''^ reign of his present M^esty, intituled " An Act for the better management
u a disdnet "■ of the laad revenue of the crown, and for the sale of the fee farm and oths
ftceotmt. " nnimprovabte renta," but nevertheless in such manner that the acconnts thereof nuy
be kept separate and distinct from the accounts of the eales made and stock purchised
in pursuance oflhat Act. {Rep., Stat. Law Bev, Act, 1872.J
If' Contracts and CXXXVIIL And be it further enacted, that every contract made under the
■ . receipts, on authority of this Act, for the sale of any part of the land revenues of the crowa within
' sale (if saeh the survey and receipt of the Exchequer, shall be in the form specified in the schedule
y landntobein hereunto imneicd marked (H.) JRep., StM. Law Rev. Ant, 1872.J; and evcr^'
=■■ scbedSes (G.), cei-tificate for the sale of any part of the revenues of the crown within the
•.- (H-).(l-).(K.). Burvey or receipt of the chancellor and council of the duchy of Lancaster,
nhall he in the form specified in the schedule hereunto annexed marked (G.) ;
j^. ■ and every certificate of contract for the sale of any jjart of the revenues of the
5; duchy tif Cornwall shall be in tlie fonn in the schedule hereunto annesui
marked (I.) ; and the receipt or acknowledgment for the consideration of j
every such sale shall be in the form in the schedule hereimto anneied I
marked (K.) I
Chanoellor and CXXXTX. Antp be it further enacted, that it shall be lawful for b I
dT*^ f i^ chancellor and council of the duchy of Lancaster for the time being to sell an^ ^
caster may sell dispose of, to any person or persons, bodies politic or corporate, from time W <
^h^^B time, and thereupon to grant and assure in the name of his Majesty, his heirs
dncbj, to »• and successors, under the seal of the said duchy, such ajid so much of the
(^. manors, messuages, lands, tendments, tithes, mines, minerals, collieries, woods,
grounds, fens, marshes, waste lands, oi' other hereditaments belonging to the
crown and within the survey and receipt of the said ducJiy and the ofEcera of
the same, at or for the best prices or considerations in money which the said
chancellor and council shall be able to procure for the same, as will raise
a sum of money sufficient for the redemption of the land tax charged upon
the manors, messuages, lands, tenements, rents, hereditaments, or any othe;
revenues of or belonging to the crown within the survey and receipt of the
said duchy and the officers of the same, and the pui-chase money to be paid
u^^io the re- ^'^^ ^^^ same shall from time to time be paid into the hands of the receiver
eeiver general general of the revenues of the said duchy, and acquittances and receipts pven
and invested ^y ^^'^ ^^r the same ; and the same shall be laid out and invested in like
accordlngto manner in all i-espects as is directed by an Act passed in the nineteenth year
of 19 G. 3. of the reign of hia present Majesty, intituled " An Act to enable the chancellor
<^ *5. •' (md council of tht; duchy of Lancastei- to sell and dispo.se of certain fee-farm
" rents, and to enfranchise copyhold and customary tenements within that
" survey, and to encourage the growth of timber on lands held of the saii
" duchy," or any other Act or Acta now in force for the sale of any manors,
messuages, lands, tenements, rents, or hereditaments within the survey anil
receipt of the said duchy or its ofiicera
The Treamuy jCSL.'i Amd be it further enacted, that it shall be lawful for the lord high
*" ^"^ ' treasurer or the commissioners of the Treasury, in respect of the crown lands
c«llor and
p This section, bo iar as it relates to anything to be done in respect of croivn ivat
within the snrvey and receipt of the Exchequer, rep., Stat. Law Rev. Act, 1872-i
ID. 1801-2.
42 (JEdEGB in. c. 116.
245
within the survey and receipt of the Exchequer, and for the chancellor and ^^J^f i^.
eoimcil of the duchy of Lancaster, by order of his Majesty in council, in caster may,
respect of the crown lands in the survey and receipt of the said duchy for the ^^^ o/«Smi"
time being, from time to time, to cause to be transferred to the commissioners transfer to the
far the reduction of the nationaCl debt so much of the capital stock vested in fo^'^lSluction"
Aeir respective names, arising from any sales made by them respectively in of the national
parsoance of the said respective Acts of the nineteenth and thirty-fourth necessary to
years of the reijm of his present Majesty, and of this Act, or any other Act or redepm the
*^ • r r xv ' 1 r i? xu 1 J X landtaxonthe
Acts now m force for the sale of any of the manors, messuages, lands, tene- crown binds
ments, rents, hereditaments, and other revenues of the crown within the within their
^ -iitiii-ii ii-iii.T . 1 respective sur-
airvey and receipt of the Exchequer or the duchy of Lancaster, as may be veys ; the in-
necessary for the redemption of the land tax charged upon any of the said ^c^?"* ^lad '
maDors, messuages, lands, tenements, rents, hereditaments, and other revenues any surplus,
rf the crown respectively ; and that in the meantime and until the same shall ^^J^^^
be 80 transferred the interest or yearly dividends thereof, and also the interest directions of
or yearly dividends of any part of such capital stock which shall not be ^^ 34 G.^.
applied or disposed of for the redemption of such land tax, shall be from time
io time received, accounted for, applied, and appropriated in like manner in
aD respects as is directed by the said Acts of the nineteenth and thirty-fourth .
years of his Majesty's reign in respect of the dividends of stock purchased in
pnsoaace of the said Acts or either of them respectively.
CXLI. Akd be it further enacted, that upon the redemption by the transfer ^ f^e cro^*'
rf stock in the manner herein-before mentioned of any land tax charged upon lands 8haiii)e
«fff minors, messuages, lands, tenements, rents, hereditaments, or any other ^^^^^^
/woraes belonging to the crown, and upon the registry thereof in the manner tax, apd the
fcfrin directed, the manors, messuages, lands, tenements, rents, hereditaments, ™^^dered
or any other revenues belonging to the crown, upon which such land tax shall as rent due to
iare been charged, shall thenceforth be wholly freed and exonerated from the ^^ ghaU be
land tax charged thereon, and from all further assessments thereof; and the rccoTcraWe as
junount of such land tax shall thenceforth during the continuance of any lease i^^^ees, and by
or demise now in beimr be considered as rent due to his Majesty, his heirs and them from their
snoeessors, and be recovered and recoverable as such by his Majesty, his heirs
sod successors, against any lessee or lessees, and by such lessee or lessees
against his, her, or their under lessees or tenants respectively, and shall be
eoDected and received by such person or persons and subject to such orders
and radiations as the lord high treasurer or commissioners of the Treasury in
respect of the crown lands within the survey and receipt of the Exchequer, and
the chancellor and council of the duchy of Lancaster in respect of the crown
lands in the survey and receipt of the said duchy, shall from time to time
^point and establish for the better collecting and answering the same to his
Majesty^ his heirs and successors.
CXLIL And he it further enacted, that it shall and may be lawful for his royal t'he t^rince o^
Highness George Prince of Wales and Duke of Cornwall, by warrant under his said Wales may ap-
royai Highness's sign manual, to nominate and appoint such and so many persons as ^^Jj^^"**
bis said royal Highness may think proper, for the purpose of ascertaining the propor* ^he proportion
tions of the land tax charged upon any of the manors, messuages, lands, tenements, of land tax
hereditaments, or other revenues belonging to and parcel of the duchy of Cornwall ; charged npon
•ad such commissioners are hereby required, as soon as they conveniently can, to *® ^°^ ^^^
eertify and report in writing under their hands and seals unto the council or com- Comwairtohe
ajssioners of the revenue of his said royal Highness the proportions of such land tax, reported to his
and the district within which, and the manors, messuages, lauds, teuements, heredita- council, and a
I''"
f
i
246 42 GeoroK 111. c. 116. A.D. 1801-2.
copy to be «ent raenis, or other revenues upon which the same is charged and payable, and to tnmsmit
to the surveyor a copy of such certificate to the surveyor general of the duchy of Cornwall. {Rep.,
g^eralofthe Stat. Law Rev. Act, 18 72. J
Such Burveyor CXLIII. And be it further enacted, that it shall be lawful for the surveyor
»rarroct™or general of the duchy of Cornwall now or for the time being to contract or
Bale of lands agree with any person or persons, or anybodies politic or corporate, for the
land tS"^ * ^® from time to time of such or so much of the manors, messuages, lands,
L tenements, rents, tithes, mines, minerals, collieries, woods, wood groimds, fens,
k , • marshes, waste lands, or other hereditaments belonging to and parcel of the
I said duchy of Cornwall, for the best prices or considerations in money which
the said surveyor general shall be able to procure for the same, as will raise a
sum of money sufficient for the redemption of the said land tax: charged upon
the manors, messuages, lands, tenements, or any other revenues belonging to
the |»urchase and parcel of the said duchy of Cornwall ; and the purchase money to be paid
pald^mto the ^^^ *^® same shall from time to time be paid by the respective purchasers into
Bank. the Bank of England, to be there received by the cashiers of the Bank, and
accounted for and invested in the manner herein-after directed.
f Such contracts CXLIV. PROVIDED always, and be it further enacted, that no such contract
only by war^^ stmll be made unless by special warrant, to be issued for that purpose by tbe
rant from the council or commissioners of the revenues of his said royal Highness, or any
pnnce'8 couu- ^.^^^^ ^^ ^^^ ^^ ^^^^^ j^^ ^^^ ^j^^ ^.
: The Bank Hhali CXLV. And be it further enacted, that the governors and directors of the
^v oount*with"the ^^^ ^^ England shall and they are herebj' required to open an account in jj
I . said duchy. their books under the title of " The account of the duchy of Cornwall," and \
carry to the credit of such account the several monies directed as aforesaid to
be paid to the cashiers of the Bank for or on account of the purchase of any
of such manors, messuages, lands, tenements, rents, hereditaments, or other
The surveyor revenues of the said duchy of Cornwall ; and whensoever the surveyor general
fralctinir for^the ^^ ^^^ ^^ duchy of Cornwall shall have contracted with any pei*son or persons,
sale oTlands, bodies poUtic or corpoi-ate, for the sale of any such manors^ messuages, lands,
purchMer a ^ tenements, rents, hereditaments, or other revenues of the said duchy of Cornwall,
certificate, on the said surveyor general shall grant unto the purchaser or puixjhasers a ccrti-
which,andpay- ficate under his hand specifying the premises so contracted for, and the amount
nieutofthe ^f ^he purchase money to be paid for the same ; and the said cashiera of the
money the x •' * *
Bank shaUgivc Bank or one of them shall, upon the production of such certificate, accept and
^N^wj?**^ ** receive from such purchaser or purchasers the purchase monies therein 8pecifieJ»
tificate shall and at the foot or on the back of such certificate acknowledge the receipt of the
the^audhorTf ** ^^^ monies without fee or reward ; and the said certificate and receipt sliall
the duchy, and be afterwards brought to the office of the auditor of the duchy of Cornwall
l>treh^er»hail ^"^ ^ ^^^^^^ forthwith inrolled in proper books to be provided and kept for
1)0 possessed that purpose separate and apart from the other business and proceedings of
e an s. ^j^^ ^^ office ; and the said auditor or his lawful deputy having inrolled the
said certificate and receipt shall attest the same under his hand and return the
said certificate and receipt to the purchaser or purchasers ; and from and imme-
diately after such inrolment, and thenceforth for ever, the respective purchasers
of any such manors, messuages, lands, tenements, rents, tithes, mines, minerals,
collieries, woods, wood grounds, fens, marshes, waste lands, or other heredita- |
ments belonging to and parcel of the said duchy of Cornwall, and the heirs, j
successors, or assigns of such purchasers shall by force of this Act be adjudged, |
\»
r
I
I
I
1
AJX IS0U2,
42 Okoboe IIL c. 116.
247
ContrHotK, if
not cprtiflod
and on rolled ,
iind the money
paid within 40
dav8, hIiuII bo
void, unU'HH thn
surveyor gene*
ral or tht* hind
revenuPK or of
the duchv of
Cornwall re-
Hpectively Nhall
on due eaune
»bewn order
the certillcut«
to be enrolled
nunc pro tnnc.
deemed, and taken to be in the actual seisin and possession of the manors,
messuages, lands, tenements, rents, hereditaments, or other revenues so hy
ihem respectively purchased, and shall hold and enjoy the same {peaceably and
qoieUy, and in as full and ample manner to all intents and purposes as his
said royal Highness, his heirs or successors, Dukes of Cornwall, might or could
bave held or enjoyed the same.
CXLVI. Provided always, and be it further enacted, that if any person or
persons with whom the surveyor general of the land revenue of the crown, or
of the duchy of Cornwall, shall contract for the sale of any of the manors,
messuages, lands, tenements, rents, hereditaments, or other revenues by this
Act authorized to be sold as aforesaid, shall neglect to {)rocure and sue forth
the certificate of the respective surveyor general of his, her, or their contract,
or shall neglect to pay into the Bank of England the consideration money
therein to be specified, or shall neglect to enrol such certificate and the
cashiers receipt for the said money, according to the directions of this Act, for
the space of forty days, to be computed from the day on Avhich such contract
AaH have been made, the said contract shall be null and void, and the c^^n-
aderation money, if paid into the Bank, shall be forfeited, unless the respective
sorreyor general shall for any reasonable cause to him shown for the omission
of such enrolment order the said certificate to be enrolled nunc pro tunc,
ud which, upon such cause being shown, he is hereby authorized to order
lOBordingly.
CXLTII. And be it further enacted, that all and every stun and sums of
Booey which shall be paid into the Bank of England under or by virtue of
tta Aet on account of the duchy of Cornwall shall from time to time be laid
«it> by order of the council or commissioners of the revenues of his said royal
Highness for the time being, in the purchase of three pounds per centum Ijank
immities in the name of the Duke of Cornwall, in which name the governor
sod company of the Bank of England are hereby authorized and required to
permit transfers to be made of the annuities, funds, or stocks so to be purchased,
and such transfers to be accepted by the receiver general of the duchy of
Gomwall or his deputy for and in the name of the Duke of Cornwall, and
the said receiver general or hi>s deputy is herel^ rcr^uired to accept the same
aeeordingly ; and that all and singular the aimuities m U* Ik; purchase^! ami
accepted shall remain invented in the name of the Duke of O^mwall, and shall
not be transferred or transferable to any person or persrms whomsoever, excejit
in the manner herein-after described ; and that all the dividend's shall fn/m
time to time be paid by the said governor and company int^i the hanrbt fff the
said receiver goieral of the duchy (ff Cornwall for the time Vjeing, r^r Ijjm defrtity,
and shall by force and virtae of this Act be deemed and taken ity law Vp lie
part of the revenues of the said dochy #/f C^imwall, and Mhall lie fr^nn time Up
time answered, aeeoonted for, applied, and afipr^ifiriat'^ Uf such and the Mirne
uses and purposes as the revenae^^ ff the duchy r/f O^mwall tufw nrtt ftr w/tild
Iiereafter have been liaUe to, and been wppMnA and ^\q*r(f\ftiskUA, in r:a>^; the
said fiisfc^recited Act or th]f» Aet had wA \pycn loa^le.
CXLVHL PaovmiD always, and be it farther enaet^I, that it sbail l^e Ty^vr^^^
lawfiil for the eooncil or commimiooerK </ the revenue f4 hi«i mi4 r^fynX t^!!wUT>^rM;
TTiplifitfiM for the time beini?, or any three or more ft ihem, 1/y warrant or y**wMwwf»
Montr pai<l
into the Bank
on tuximni of
th<; daahy nhnW
he ami rftniiiii
inreniM in th*'.
three \h^ ci'iit*.
in thy n«mi' rif
the Vuke of
Cornwail, and
the divi^ien/J<i
paid into th<;
hmnAn <jf th»'.
Tte^^KT of ihti
duchy f and
appls«;d a« part
of tfaf* rtrtnwn
id ihf, duchy.
\
238 42 Georqe III. c. 116. .A,D. 1801-2.
reoited Acts or of tliis Act, shall be liable, upon their, bis, or her coming into
the possession of or being beneficially entitled to any such maaors, messuages,
lands, tenements, or hereditaments, to the payment of arrears of interest on
any sum or sums of money secured by mortgage as aforesaid, or of arrears of
any rentcharge, for more than twelve calendar months preceding the time that
. the title to such possession shall have accrued.
Pcruma hnrng CXVI, And be it fnrther enacted, that the respective persons to whom any
"laiUmw Thf rentcharges shall have been or shall be granted by virtue of ihe said recit^
name powir« Acts or of this Act shall have and be entitled to use and take the same povei^
the^fiis'^ remedies, benefits, and advantages for the recovery thereof, aa landlords by llie
iBuiUonis foL- la^ h&ve or are entitled to use and take for the recovery of rents reserved on
recovery o' , . ,
rentB. common demises or leasea
Whea saJi- CXVII, AND be it further enacted, that where any money arising from the
not"paidT[iio ^^ "^ any jnanors, messuages, lands, tenements, or hereditaments shall not
thu BsDk, but have been or shaU not be paid into the Bank of England pursuant to the
thre« per cents, directions of the said recited Acts or of this Act, but shall have been or sh^
'^J* "^"^ be laid out and invested in the piu-chase of three pounds per centum bank
oommiBHioutrs annuities transferred or for the purpose of being transferred to the commii-
for reduciioii of gioners for the reduction of the national debt, as the consideration for lii
Ihe nsdoiml -..ni, ... i>l
debt, they "hall redemption of any land tax chargeable on any manora, messuages, huioa, I
uceep^t tiie tenementsj or hereditaments belonging to any bodies politic or corporate, or
grant lo'thc Companies, or other person or persona by whom such first-mentioned manois,
certificuie "f messuages, lands, tenements, or hereditaments shall have been or shall be here-
iheouiouui.iin after sold, then and in such case the commissioners for the reduction of Uie
wbkrai"!.!!" national debt or any one or more of them shall and they are hereby autho-
Bsnk a rrcKipi rized and required to accept and receive the transfer of such three pounds per
''' ^' ""' centum bank annuities, and to grant to any purchaser or purchasers of such ;
manors, messuages, lands, tenements, and hereditaments, his, her, or tb^
agent or agents, a certificate under his or their hand or hands of the amount
of three pounds per centum bank annuities which shall have been or shall be
so transferred to them as aforesaid ; and upon the production of such certificate
to any of the cashiers of the Bank of England he or they shall and is or are
hereby required to give any such purchaser or purchasers such receipt or
receipts as by the said Acts or any of them or this Act is or are required to
be given, as well for any monies which shall have been or shall be so invested
as aforesaid, as for any other monies which may have been or may be paid by
him, her, or them into the Bank of England, in the manner required by the
said recited Acts or any of them, or by this Act.
Where laud CXVIIJ. And be it further enacted, that in all cases where the land tax
npoQ iHud*! charged upon any manors, messuages, lands, tenements, or hereditaments be-
(oioept of longing to any bodies politic or corporate (other than bishops or other eccle-
oor|»i*tions) siastical corporations), or to any companies, or other person or persons, and
(trunicd out granted out upon any beneficial lease or leases, or by any copy or copies of
leases, &e*KhaU court roll Or Other grant, according to the custom of any manor, for life or
be redeemed lives. Or years absolute, or years determinable upon any life or lives, shall be
of the iiiniiH. the redeemed by the monies arising from the sale or sales of the fee simple and
"hall'be^"^ inheritance of any part of such manors, messuages, lands, tenements, or
able villi th(- hereditaments, then and in such case the respective manors, messuages, lands,
amouut of the- tenements, and hereditaments remaning unsold shall, immediately after the
I
AJ). 1801-2.
42 George III. c. llfi.
239
redemption of such land tax, be and become charged and chargeable for the
bmefit of such bodies politic or corporate, or companies, or other person or
persoDs, with such yearly sum or sums respectively, by way of rentcharge, as
diall be equal in amoimt to the land tax charged thereon at the times of such
redemption, which shall be applicable in their hands to the same uses and
purposes and in Ihe same manner as the several yearly rents and profits of
sDch manors, messuages, lands, tenements, or hereditaments shall from time to
time be applicable.
CXIX. And be it further enacted, that every deed whereby any sale, mort-
gage, or grant of any rentcharge shall be made by virtue of this Act in relation
to estates in England shall be inroUed within six calendar months after the
exeeatioQ thereof in one of his Majesty's courts of record at Westminster, or
in tbe comis of the counties palatine of Chester, Lancashire, or Durham, or
in the courts of great sessions in Wales, as the case shall require, or be regis-
tered in the counties of Middlesex and York in the manner required by law
tor conveyances of real estates situated in those counties respectively ; and all
deeds and conveyances in relation to estates in Scotland shall be executed and
registered in the manner required by the law of Scotland in respect of sales or
ehuges of real estates : Provided always, that where the consideration ex-
prased in any such deed shall not exceed two hundred pounds, the registry
tkereof with the proper officer appointed or to be appointed for the registry
of contracts for the redemption of land tax shall be as valid and effectual as if
iksame were inrolled or registered in the manner herein-bef ore directed, and
mik offieer is hereby required to register the same gratis ; and after the pay-
mmt of the purchase or mortgage money into the Bank of England, or to the
/aeeiver general or his deputy in England, or to the collectors in Scotland (in
et9^ where the same is by this Act authorized to be paid to any receiver
general or his deputy, or collector )> in the manner herein-before directed, and
after such inrolment or registry as aforesaid, every such deed of sale, mortgage,
Gt grant made by virtue of this Act shall be good, valid, and effectual in the
law to all intents and purposes whatsoever :
CXX. And be it further enacted, that the proof of the due execution of
any deed of sale, enfranchisement, mortgage, or grant, under the provisions
of the said recited Acts or of this Act, by the respective commissioners parties
thereto, shall be allowed and admitted in all courts and places and before all
persons to be good and sufficient evidence that the several notices and other
acts, matters, and things required by the said recited Acts or this Act to be
given and done by any vendor or mortgagor, or any grantor of any rentcharge,
previously to any such sale, mortgage, or grants were duly given, done, and
performed by such vendor, mortgagor, or grantor pursuant to the directions
of the said recited Acts or of this Act.
CXXL Provided always, and be it further enacted, that in all cases where
any money hath been or may hereafter be paid into the Bank of England, to
be placed to the account of the commissioners for the reduction of tbe national
debt, as the whole or part of the purchase money for any manors, messuages,
lands, tenements, or hereditaments sold or contracted to be sold by any bodies
politic or corporate, or companies, or feoffees or trustees for charitable or other
public purposes, or other person or persons, and it shall appear to the satis-
faction of the said commissioners appointed under the great seal, in cases
land tax
by way of
rentcharge.
Deeds of sale,
'&c. in England
shall be en-
rolled in a
coort of re-
cord, &c., and
in Scotland
shall be exe«
cuted and re-
gistered as re-
quired by the
law there ;
but where the
consideration
shall not ex-
ceed 200/. the
registry of the
deed with the
registrar of
contracts for
redemption of
land tax shall
be valid.
After payment
of the money
into the Bank,
&c., and enrol-
ment, the deed
shall be valid.
Proof of the
execution of
any deed by
the commis-
sioners parties
thereto shall
be sufficient
evidence that
everything re-
quired was
duly done.
Where pur-
chase money
has been im-
properly paid
into the Bank,
to be placed
to the account
of the commis-
sioners for re-
duction of the
national debt,
the coromis-
Vi
•
.
Bioners for
executing this
•
Act, where the
-
sales were made
under their au-
I -
thority, and the
commissioners
%
for taxed, in
»
other cases,
may order the
M
money to he
t
repaid; And
u
where it has
t
heen invested
1'=.
in stock, may
i^
order it to he
^
transferred to
1^ ■
the party
r ■
who paid the
I
money, &c.
r
:*.
1
1*
r •-
K
^' '
•
240
42 Qeosge III. 0. 116.
A.D. 1801-2.
i:
V
t
It
Where any per-
son having an
estate other
than of in-
heritance shall
redeem the land
tax out of his
own property,
the estate shall
he chargeahle
for his bene-
fit with the
' amount of the
stock trans-
ferred or money
paid, .and a
yearly sum by
. way of interest
equal to the
land tax re-
deemed; but
reversioners
shall be liable
to payment of
the interest
only fVom the
time of their
coming into
possession ; and
when the land
tax has been
redeemed by
reversioners
they shall be
entitled to a
yearly sum
equal thereto
until the estates
vest in them.
where such sales or contracts for sale shall have been made uxider their
authority, or to the satisfaction of the commissioners for the affairs of taxes
in all other cases^ that such money ought not to have been so paid, then and
in all such cases it shall be lawful for the said commissioners appointed under
the great seal, by writing under their hands or the hands of any two of them,
and for the said commissioners for the affairs of taxes, or any three or more
of them, respectively to order and direct the governor and company of the
Bank of England, and such governor and company are hereby required, to
repay all such monies to the person or persons by whom or on whose account
the same shall appear to have been paid into the Bank ; and in all cases
where such money shall have been already invested in the purchase of three
pounds pef centum bank annuities, in the names of the commissioners for the
reduction of the national debt, upon a certificate signed by any two or more
of the said commissioners appointed under the great seal, or by any three or
more of the said commissioners for the affairs of taxes, as the case may be,
that such money ought not to have been so invested, it shall be lawful for the
said commissioners for the reduction of the national debt, or any one or mcMne
of them, and he or they is and are hereby required, to transfer the stock whidi
has been so bought by or transferred to them to the person or persons by
whom or on whose account such money shall have been paid into the Banl^
and with which money such stock had been so purchased, and the receipt and
receipts of such person and persons shall be sufficient discharges for such
monies or stock.
CXXIII. And be it further enacted, that where any person or persons
having any estate or interest (other than an estate of inheritance) in any'
manors, messuages, lands, tenements, or hereditaments shall redeem the land
tax charged thereon by or out of his, her^ or their own absolute property, such
manors, messuages, lands, tenements, or hereditaments ^ shall be and become
chargeable for the benefit of such person or persons, his, her, or their e^tecutors,
administrators, or assigns, with the amount of the three pounds per centum
bank annuities which shall have been transferred, or with the amount of the
monies paid as the consideration for the redemption of such land tax, as the
case may be, and with the payment of a yearly sum or sums of money by
way of interest thereon, equal in amount to the land tax redeemed : Provided
always, that no person or persons in remainder, reversion, or expectancy, or
having any future interest in such manors, messuages, lands, tenements, or
hereditaments as aforesaid, who shall afterwards, in order of succession, come
into the actual possession or be beneficially entitled to the rent and profits of
any such manors, messuages, lands, tenements, or hereditaments, shall be
liable to the payment of any yearly sum or sums of money by way of interest
as aforesaid, save only from the time they shall respectively come into
possession or be beneficially entitled as aforesaid : Provided also, that where
the land tax charged on any manors, messuages, lands, tenements, or heredita-
ments shall be redeemed by any bodies politic or corporate, or companies,
or any feoffees or trustees for charitable or other public purposes, or other
person or persons having any estate or interest in remainder, reversion, or
expectancy therein, or being substitute heirs of entail entitled in their order
to succeed thereto, such bodies politic or corporate, or companies, or feoffees
ID. 1801--Z.
42 G^BGE m. c 116.
241
glmdcw for ehariteUe or oilier public purpoeeB, or other person or persons
in ramflindar, leTersioii, or expeetaocy, or being subetitnte heirs of entail
18 tfiffBMJd, shall in ihe meantime, until their respective estates and interests
flit in poBBOsaion by reason of the determination of the preeeding estate,
be entitled to have a yearly sum issuing out of such manors, messuages,
linds, tennnentB, or hereditaments, equal in amount to the land tax so
ndeemed.
CXXIY. AMD be it further enacted, that where any one or more of any
persons aosed or entitled in undivided shares of or to any manors, messuages,
kak, tenements, or hereditaments, as coparoeners, heirs portioners, tenants
in eommon, or joint tenants, shall not only redeem his, her, or their own
pfopofftion or proportions of the land tax charged thereon, but also the
pioportion or proportions of any others or other of such coparceners, heirs
portioners, tenants in eommon, or joint tenants, whereby the whole of the
aaid nanors, messuages, lands, tenements, or hereditaments will be exonerated
from the said land tax, the share or shares of such of the coparceners, heirs
portiimerB, tenants in common, or joint tenants, whose proportion or propor-
tkni of land tax shall have been redeemed by the others or any other of them,
of and in such manors, messuages, lands, tenements^ or hereditaments, shall.
bemd become chargeable, lor the benefit of the person or persons rede^uing
Aettme, his, her, or their executors, administrators, or assigns, with so much
rfihe stock transferred, or so much of the money paid as the consideration
tor the redemption of the land tax, as would have been sufficient to i*edeem
a&proportion or proportions of the land tax of the others or other of such
apsteners, heirs portioners, tenants in common, or joint tenants, and also
iiUi the payment of such a yearly sum of money by way of interest as shall
k equal in amount to such proportion or proportions respectively.
CXXV. And be it further enacted, that in all cases where any bodies
politie or corporate, or companies, or other person or persons redeeming any
land tax shall by virtue of this Act be entitled to have and receive out of
any manors, messuages, lands, tenements, or hereditaments any yearly sums
of money by way of interest, or by way of rent or of rentcharge equal in
amoant to. the land tax redeemed, such yearly sum shall be payable on the
suae days as such land tax was payable at the time of the redemption
tbereof (unless where any other dayBare herein specified for that purpose),
•ad shall be recoverable by action, suit, distress, or any other means whereby
rests reserved on leases are recovered by law.
CXXYT. And be it further enacted, that where any tenant or lessee at a
rackrent for any term or number of years, or at will, of any manors, mes-
suages, lands, tenements^ or hereditaments, shall be bound by agreement to pay
ihe land tax charged thereon during the continuance of any demise, and such
land tax shall have been or shall be redeemed by or on the behalf of the
bodies politic or corporate, or companies, or other person or persons beneficially
entitled to the rent reserved or made payable on such lease or demise,* the
amount of the land tax so redeemed shall during the continuance of such lease
or demise be considered as rent reserved or made payable thereon, and the
same shall be payable on the same days, and the same powers shall be had,
used, and enjoyed for the recovery thereof, as for the recovery of such rent
when in arrear*
VOL. IV. Q
WbereoDe
copairener,
he. redeems^
not ouly his
own proper-
tion of the
land tax, but
the proportionii
of the others,
their shares
shall be char|re*
able for the
benefit of such
coparcener,
&c. with so
much stock
or so much
money as would
have been suffi-
cient to have
redeemed their
proportions,
and a yearly
sum by iray of
interest.
Yearly sums by
way of interest
or rentcharge
shall be pay-
able at the time
when the land
tax redeemed
was payjible.
Where a tenant
or lessee at
raokrent shall
be bound to
pay the land
tax, and it
shall be re*
deemed by the
person bene-
ficially entitled
to the rent, the
amount of the
land tax re-
deemed shall
be considered
as additional
rent reserred.
242 42 George III. c. 116. A.D. 1801-2.
!J Wheieaper- CXXYIL AND be it further enacted, that where any bodies politic and
\ dSei^ l^d corporate, or companies, or other person or persons shall by virtue of the said
L ' tax on lands i^ecited Acts have redeemed or shall by virtue of this Act redeem any land
f annual rent" ^^^^ charged upon any manors, messuages, lands, tenements, or hereditaments
^r for which he which at the time of such redemption were or shall be charged with or subject
i' * Ijeen entitled to the payment of any fee farm, feu duty, or other annual rent for which such
I to deduct a pro- Jx)dies politic or corporate, or companies, or other person or persons would,
I ' under 38 G. 3. upon payment of the land tax, have been entitled to abate and deduct a just
I' ' ^'^'i ^® ™*y proportion of rate under the said recited Act of the thirty-eiffhth year of his
* • continue to*^*^ , , ..
deduct such present Majesty s reign for granting an aid to his Majesty by a land tax, it
proportion. gj^Q ^ lawlul for all such bodies politic and corporate, or companies, or
other person or persons to continue to abate and deduct a just propoHion,
from time to time, upon any payment of such fee farm, feu duty^ or other
annual rent, as if such land tax had not been redeemed.
Guardians, &c, CXXVIII. AND te it further enacted, that it shall be lawful for all guar-
may transfer cUans, tutors, and curators of infants, and for aU trustees for married women,
stock standing ,
in the names of who have contracted or who shall contract on their behalf for the redemption
^h^ teT ^^ ^^^^ ^^ charged on any manors, messuages, lands, tenements, or heredita-
or jointly with ments wherein such infants or married women shall be interested, to transbr
Kd^ndon of ^ ^^^ commissionew for the reduction of the national debt so much of three
land tax on the pounds per centum consolidated or three pounds per centum reduced annuitia,
infante &c! which shall be standing in the name or names of such in&nts or married
women, either solely or jointly with such guardians, tutors, curators, or
trustees, or any of them, as shall be sufficient for the redemption of the land
tax contracted for, and the governor and company of the Bank of England
are hereby authorized and required to peimit and suffer such transfers to be
made ; and the cashier or cashiers of the Bank of England shall give a certi-
ficate or receipt for the stock to be so transferred, which shall be an acquit-
tance and discharge to such guardians, tutors, curators, or trustees tranafeiring
such stock as aforesaid ; and the said governor and company and their
respective officers are hereby indemnified against all persons whatever for any
transfer made in pursuance of this Act.
No contract CXXIX. AND be it further enacted, that no contract entered into after the
entered into . , *
after passing of passing of this Act for the redemption of any land tax, nor the amount of
amounf'riand ^*^^ ^^ redeemed thereby, shall in anywise be impeached, affected, or altered
tax redeemed by the judgment or determination of the commissioners on any appeal from
^^a^ctS^'by *^® assessment by which such land tax shall have been charged,, whether
any appeal such appeal shall have been made prior or subsequent to any proceedings had
ment by T^ch ^^^^er this Act for the purpose of entering into such contract, but such appeal
the tax was shall be decided wholly between such other parties charged by such assess-
the ^appeal" meut as shall not have entered into any such contract, and in the same,
shall be decided manner as if the contract so entered into had been completed before the
I ' of the parties making or determining such appeals ; and every contract so entered into
as shall not g^jail stand ffood, and the land tax redeemed thereby shall be considered as
nave con- c^ ' •^
tracted. if no such appeal had been made from sucli assessment
If land tax CXXX. PROVIDED always, and be it further enacted, that if such hmd tax
SaUhavebeen ^ contracted for shall have been reduced in its amount by any assessment
reduced within made within three years preceding the time of completing such contract^ and
betoe^cm- ^^Y ^^^^ appeal shall be made against the party who shall have entered i^^
VI
A.a 1801-2.
42 George III. c 116.
243
ike oontract for the redemption of such land tax, his or her heirs or assigns,
and it shall be found to the satisfaction of the commissioners before whom
gueh appeal shall be heard, and shall be adjudged by them, that the reduction
in the amount of the assessment land tax so redeemed was fraudulently made
or was obtained by some undue practice or false representation of the value
of the estate of such party in the parish or place where such assessment was
made, or of the proportion of value which his or her estate bore to other
estates or incomes liable to be assessed in the same parish or place, so as to
prove to the satisfaction of such commissioners that such reduction was
wrongMly made, then and in such case, but not otherwise, the land tax so
OQfntracted for shall remain liable to be revised and altered (in the same
maimer as if the contract for the same had not been completed) by any deter-
nunation on any appeal which shall be made and determined within one year
next after the completion of such contract.
CXXXL And be it further enacted, that it shall be lawful for the surveyor
geneial of the land revenues of the crown, in respect of the land tax charged
m the manors, messuages, lands, tenements, rents, or other revenues of the
crown within the survey and receipt of the Exchequer for the time being,
vitb the consent of the lord high treasurer or the commissioners of the
Treasoiy for the time being, and for the receiver general for the time being
of the revenues of the duchy of Lancaster, with the consent of the chancellor
tsrthe time being of the said duchy, in respect of the land tax charged on the
aiBQi!, messuages, lands, rents, tenements, hereditaments, or other revenues
cftk crown within the survey and receipt of the said chancellor and council
i^ (Mcers of the said duchy, and for the surveyor general of the duchy of
CWnwall in respect of the land tax charged on the manors, messuages, lands,
tenements, rents, and other revenues of the duchy of Cornwall, to contract and
agree with the commissioners acting in the execution of this Act by virtue of
his Majesty's warrant under the royal sign manual, for the redemption of the
land tax charged upon any of the said manors, messuages, lands, tenements,
rents, or other revenues respectively, and to proceed to the completion ^f
such contract in such and the like manner in all respects as is herein-before
directed in cases of redemption of 'any land tax, with and subject to such
benefit of preference as is herein-before given to any bodies politic or cor-
pofate by this Act, except where it shall be otherwise expressly provided by
this Act.
pletion of the
contract, and it
shall appear on
appeal to the * .
commissioners
that the re-
duction was
fraudulently
obtained, the
assessment may
be reTised on
appeal within
one year from
con^pletion of
contract.
The surveyor
general of the
Eind rerenucii
of the crown,
with the .con-
sent of the
Treasuiy, the
receiyer gene-
ral of the
dachy of Lan-
caster, with the
consent of the
chancellor, and
the surveyor
general of the
duchy of Corn-
wall, may con-
tract for the re-
demption of the
land tax within
their respective
surveys.
CXXXm. And be it further enacted, that it shall be lawful for the surveyor
«eneral of the land revenues of the crown, now or for the time being, to contract or
agree with any person or persons, or any bodies politic or corporate, for the sale firom
dme tm time of such or so much of the manors, messuages, lands, tenements, rents,
tithes, mines, minerals, collieries, woods, wood grounds, fens, marshes, waste lands, or
other hereditaments belonging to the crown, and within the survey and i*eceipt of the
Exchequer in England, for the best prices or considerations in money which the said
^oTYejor general shall, under the direction and with the appi;obation of the lord high
treasurer or commissioners of the Treasury for the time being, be able to procure for
the same, as will raise a sum of money sufficient for the redemption of the land tax
charged upon the manors, messuages, lands, tenements, tithes, rents, hereditaments, or
anj other revenues of or belonging to the crown ; and the purchane monies to be paid
for the same shall from time to time be paid into the Bank of England to the account
of the commissioners of his Majesty's Treasury, under which title the governor and
eompanr of the Bank of England are hereby required to open an account accordingly,'
Q 2
Surveyor gene-
ral of the land
revenues may
contract for
sale of crown
lands within
the survey of
the Exchequer
to redeem the
land tax;
the purchase
money to he
paid mtothe
Aank, and laid
out in the pur-
ti
244
42 Oeobob III. c. 116.
A.D. 1801>9
P.
k
». ■
t.
1h
i
r'
J-
cbaae of three
per cents., as
oirectedby
34 Q. 3. e. 75.,
but to be kept
as a distinct
account
Contracts and
receipts, on
sale of such
lands to be in
the forms in
schedules (G.),
(H.),(L),(K.).
Chancellor and
council of the
duchy of Lan-
caster nuiy sell
lands, &c.
within the
duchy, to re-
deem the land
tax;
the purchase
money to be
paid to the re-
ceiver general
of the duchy
and invested
according to
the directions
of 19 Q. 3.
cV 45.
The Treasury
and the chan-
cellor and
and shall be laid out bj order of the surveyor general in the purchase cyf three pound
per centum consolidated bank annuities in the names of the commiasioners of hi
Majesty's Treasury, in like manner as is directed by an Act passed in the thirty-fourti
year of the reign of his present Mi^esty, intituled ** An Act for the better managemeo
<^ of the land revenue of the crown, and for the sale of the fee farm and othe
'^ unimprovable rents," but nevertheless in such manner that the accounts thereof ma;
be kept separate and distinct from the accounts of the sales made and stock purchase
in pursuance of that Act. {Rep., Stat. Law Rev. Act, 1872. J
• ••••••# •
CXXXVTIL And be it further enacted, that every contract made under th
authority of this Act, for the sale of any part of the land revenues of the crown widui
the survey and receipt of the Exchequer, shall be in the form specified in the schednli
hereunto annexed marked (H.) {Rep., Stat. Law Rev. Act, 1872.2; aoid ever}
certificate for iihe sale of any part of the revenues of the crown within the
survey or receipt of the chancellor and council of the duchy of Lancaster,
shall be in the form specified in the ischedule hereimto annexed marked (G.),
and every certificate of contract for the sale of any part of the revenues of the
duchy of Cornwall shall be in the form in the schedule hereunto annexed
marked (I.) ; and the receipt or acknowledgment for the consideration of
every such sale shall be in the form in the schedule hereunto annexed
marked (K.)
CXXXIX. And be it further enacted, that it shall be lawful for ik
chancellor and council of the duchy of Lancaster for the time being to sell and
dispose of, to any person or persons, bodies politic or corporate, from time tft
time, and thereupon to grant and assure in the name of his Majesty, his heiis
and successors, under the seal of the said duchy, such and so much of the
manors, messuages, lands, tenements, tithes, mines, minerals, collieries, woods^
grounds, fens, marshes, waste lands, or other hereditaments belonging to the
crown and within the survey and receipt of the said duchy and the officers of
the same, at or for the best prices or considerations in money which the said ;
chancellor and council shall be able to procure for the same, as will raise
a sum of money sufficient for the redemption of the land tax charged up(»i
the manors, messuages, lands, tenements, rents, hereditaments, or any other
revenues of or belonging to the crown within the survey and receipt of the
said duchy and the officers of the same, and the purchase money to be paid
for the same shall from time to time be paid into the hands of the receiver
general of the revenues of the said duchy, and acquittances and receipts given
by him for the same ; and the same shall be laid out and invested in like j
manner in all respects as is directed by an Act passed in the nineteenth year
of the reign of his present Majesty, intituled " An Act to enable the chancellor
" and council of the duchy of Lancaster to sell and dispose of certain fee-farm .
rents, and to enfranchise copyhold and customary tenements within tb^
survey, and to encourage the growth of timber on knds held of the said
** duchy,** or any other Act or Acts now in force for the sale of any manoi«»
messuages, lands, tenements, rents, or hereditaments within the survey ao<^
receipt of the said duchy or its ofBcera
JCXL^I And be it further enacted, that it shall be lawful for the lord high
treasurer or tl^e commissioners of the Treasury, in respect of the crown lands
\* This section, so fSeur as it relates to anything to be done in respect of crown iBnds
within the survey and receipt of the Exchequer, rep., Stat. Law Rev. Act, 1872.1
<i
tt
ID. 1801-2.
42 QeOkgb in. c. 116.
245
trittun the survey and receipt of the Exchequer, and for the chancellor and
ewmdl of the duchy of Lancaster, by order of his Majesty in council, in
respeet of the crown lands in the survey and receipt of the said duchy for the
dme being, from time to time, to cause to be transferred to the commissioners
for the reduction of the nationaCl debt so much of the capital stock vested in
their respective names, arising from any sales made by them respectively in
pursuance of the said respective Acts of the nineteenth and thirty-fourth
years of the reign of his present Majesty, and of this Act, or any other Act or
Acts now in force for the sale of any of the manors, messuages, lands, tene-
ments, rents, hereditaments, and other revenues of the crown within the
gnrvey and receipt of the Exchequer or the duchy of Lancaster, as may be
neeessaiy for the redemption of the land tax charged upon any of the said
manors, messuages, lands, tenements, rents, hereditaments, and other revenues
of the crown respectively ; and that in the meantime and until the same shall
he so transferred the interest or yearly dividends thereof, and also the interest
or yearly dividends of any part of such capital stock whioh shall not be
apjdied or disposed of for the redemption of such land tax, shall be from time
to time received, accounted for, applied, and appropriated in like manner in
aD respects as is directed by the said Acts of the nineteenth and thirty-fourth
years of his Majesty's reign in respect of the dividends of stock purchased in
fmsoance of the said Acts or either of them respectively.
CXLI. And be it further enacted, that upon the redemption by the transfer
if iak in the manner herein-before mentioned of any land tax charged upon
aor jianors, messuages, lands^ tenements, rents, hereditaments, or any other
mames belonging to the crown, and upon the registry thereof in the manner
krein directed, the manors, messuages, lands, tenements, rents, hereditaments,
arsny other revenues belonging to the crown, upon which such land tax shall
have been charged, shall thenceforth be whoDy freed and exonerated from the
iud tax charged thereon, and from all further assessments thereof; and the
amoimt of such land tax shall thenceforth during the continuance of any lease
or demise now in being be considered as rent due to his Majesty, his heirs and
neeeason, and be recovered and recoverable as such by his Majesty, his heirs
ttid successors, against any lessee or lessees, and by such lessee or lessees
•gainst his, her, or their under lessees or tenants respectively, and shall be
ofleeted and received by such person or persons and subject to such orders
and regulations as the lord high treasurer or commissioners of the Treasury in
feq)ect of the crown lands within the survey and receipt of the Exchequer, and
the efaaocellor and council of the duchy of Lancaster in respect of the crown
imds in the survey and receipt of the said duchy, shall from time to time
tppcixki and establish for the better collecting and answering the same to his
Uajeety, his heirs and successors.
CXLIL A3n> be it farther enacted^ thai it 8hall and may be lawful for bis royal
Highness Geor^ge Prince of Wales and Duke of Cornwall, by warrant under bis feaid
royal Higlioefle'a sign m^nnal, to nominate and appoint Buch and eo many permnm as
Ub aaid royal Hlg^meas may think proper, for the parpoee of ^soertiuning the propof'
tioDB of the land tax charged upoo any of the manors, meflsnagea, laads, tenementay
kereditamenta, or other revenues belonging to and parcel of the duchy of Cornwall ;
Bad BUch commiBsioiiers are hereby required, aB soon as th^'j conveniently can, to
certify and report in writing under their hands and i^eaiB onto the council or com*
wmuuen oC the nweaae oi his aaid royal HighiH^yi the proportiooa of stidi laad imXf
tad the district within which, and the manon, mekeuageB, htudt^ teuementb,
ooaaoil of the
daohy of Lan-
eattar majt
from the pro-
duce of Mien,
traoBfer to the
commiMioneni
for reduction
of the natioDtl
debt the stock
neoefliary to
redeem the
land tax on the
crown UndM
within their
respective iiur*
vcys { tho in-
terest in the
meBntimo, and '
any surplus,
to be applied
according to
directions of
recited Acts of
19 and 34 0. 8.
On such traniu
fer the crown
Ui&dssbalI1>e
exonerated
from the land
ttx, apd the
amount shall
be considered
as rent due to
his Majesty,
and shall Im
recoverable as
such from the
lessees, and by
them from their
QodericBsccs.
Thft Prince n4
Wales may ap-
point pen»oui»
loaaeertain
of land tax
charged apoD
the land* of
thu dttcbr of
CorovalC to be
reported to bis
CMioeiJ, and a
^■^
I
3 • .
I.
f 246 42 Georob 111. c. 116. A-D. 1801-2.
>, . copy to be sent raents, or other revenues upon which the same is charged and payable, and to tnnsmii
I <<> the surveyor a copy of such certificate to the surveyor general of the duchy of ComwalL TRep.,
^' dZT! ^^^ ®^^- ^*^ ^®''- -^^*' ^^^^'i
f: Such surveyor CXLIII. And be it further enacted, that it shall be lawful for the surveyor
fonSwjt'for general of the duchy of Cornwall now or for the time being to contract or
sale of lands agree with any person or persons, or any bodies politic or corporate, for the
land t^ • ^^ from time to time of such or so much of the manors, messuages, lands,
tenements, rents, tithes, mines, minerals, collieries, woods, wood grounds, fens,
marshes, waste lands, or other hereditaments belonging to and parcel of the
said duchy of Cornwall, for the best prices or considerations in money which
the said surveyor general shall be able to procure for the same, as will raise a
sum of money sufficient for the redeiuption of the said land tax charged upon
the manors, messuages, lands, tenements, or any other revenues belonging to
the purchase and parcel of the said duchy of Cornwall ; and the purchase money to be paid
plSd^mto the ^^^ ^^^ same shall from time to time be paid by the respective purchasers into
Bank. the Bank of England, to be there received by the cashiers of the Bank, and
accounted for and invested in the manner herein-after directed.
Such contracts CXLIV. PROVIDED always, and be it further enacted, that no such contnict
only hy Tra^^ shall be made unless by special warrant, to be issued for that purpose by the
rant from the council Or commissioners of the revenues of his said roynl Highness, or any
pnnce's couu- .1 i« xi_ j? ...•l j.* 1 •
^ii three or more of them, for the time being.
TlieBank shall CXLV. And be it further enacted, that the governors and directors of the
oSmt*with"the ^^^ ^^ England shall and they are hereby required to open an account in
said duchy. their books under the title of " The account of the duchy of Cornwall," and
carry to the credit of such account the several monies directed as aforesaid to
be paid to the cashiers of the Bank for or on account of the purchase of any
of such manors, messuages, lands, tenements, rents, hereditaments, or other
The surveyor revenues of the said duchy of Cornwall ; and whensoever the surveyor general
^ fi^nV for^the ^^ ^® ^^ duchy of Cornwall shall have contracted with any pei-son or persons,
f: sale ofliuids, bodies politic or corpoi-ate, for the sale of any such manors, messuages, lands,
I purchfuier a * tenements, rents, hereditaments, or other revenues of the said duchy of Corawall,
I certifieate, on the said surveyor general shall grant unto the purchaser or (lurchasers a certi-
i which,andpay- ficatc under his hand specifying the premises so contracted for, and the amount
h '"®°* ®^ *^f of the purchase money to be paid for the same ; and the said cashiers of the
k Bank shangivc Bank or one of them shall, upon the production of such certificate, accept ana
^ . arecript, which receive from such purchaser or purchasers the purchase monies therein specified,
tificate shall and at the foot or on the back of such certificate acknowledge the receipt of the
She^alSkOT'of ** ^^^ monies without fee or reward ; and the said certificate and receipt sliall
the duchy, and be afterwards brought to the office of the auditor of the duchy of Cornwall
ptreW^sh^l a"d ^ ^^^^^^ forthwith inroUed in proper books to be providecl and kept foe
he possessed that purpose separate and apart from the other business and proceedings d
the said office ; and the said auditor or his lawful deputy having inrolled the
said certificate and receipt shall attest the same under his hand and return tlic
said certificate and receipt to the purchaser or purchasers ; and from and immc"
diately after such inrolment, and thenceforth for ever, the respective purchasers
of any such manors, messuages, lands, tenements, rents, tithes^ mines, minerals,
collieries, woods, wood grounds, fens, marshes, waste lands, or other heredita-
ments belonging to and parcel of the said duchy of Cornwall, and the n&T^
successors, or assigns of such purchasers shall by force of this Act be adjudged;
AJX 1801-2*
42 George III. c. 116.
247
deemed, and taken to be in the actual seisin and possession of the manors,
wessmges, lands, tenements, rents, hereditaments, or other revenues so hy
them respectively purchased, and shall hold and enjoy the same ])eaceably and
quietly, and in as full and ample manner to all intents and purposes as his
said royal Highness, his heirs or successors, Dukes of Cornwall, might or could
have held or enjoyed the same.
CXLVI. Provided always, and be it further enacted, that if any person or
penoDfl with whom the surveyor general of the land revenue of the crown, or
of the duchy of Cornwall, shall contract for the sale of any of the manors,
mesBoages, lands, tenements, rents, hereditaments, or othei* revenues by this
Aict authorized to be sold as aforesaid, shall neglect to procure and sue forth
&e certificate of the respective surveyor general of his, her, or their conti*act,
or shall n^lect to pay into the Bank of England the consideration money
theTein to be specified, or shall neglect to enrol such certificate and the
cashiers receipt for the said money, according to the directions of this Act, for
the space of forty days, to be computed from the day on .whicli such contract
sittU have been made, the said contract shall be null and void, and the con-
sideration money, if paid into the Bank, shall be forfeited, unless the respective
surveyor general shall for any reasonable cause to him shown for the omission
of sQch enrolment order the said certificate to be enrolled nunc pro tunc,
nd vhich, upon such cause being shown, he is hereby authorized to order
ifleordingly.
QLYn. And be it further enacted, that all and eveiy sum and sums of
BQKj which shall be paid into the Bank of England under or by virtue of
tta Act on account of the duchy of Cornwall shall from time to time be laid
wl, by order of the council or commissioners of the revenues of his said royal
Highness for the time being, in the piu'chase of three pounds per centum bank
tt&nities in the name of the Duke of Cornwall, in which name the governor
ttd company of the Bank of England are hereby authorized and required to
permit iaunsfers to be made of the aimuities, fimds, or stocks so to be purchased,
sad sndi transfers to be accepted by the receiver general of the duchy of
Cornwall or his deputy for and in the name of the Duke of Cornwall, and
the said receiver general or his deputy is hereby required to accept the same
MOTdingly ; and that all and singular the annuities so t^» be purchaser] and
Malted shall remain invested in the name of the Duke of Cornwall, and shall
not be transferred or taransferable to any person or persons whomsoever, except
ID the manner herein-after described ; and that all the dividends shall from
time to time be paid by the said governor and company into the hands of the
said receiver general of the duchy of Cornwall for the time being, or his deputy,
and shall by force and virtue of this Act be deemed and taken by law to lie
part of the revenues of the said duchy of Cornwall, and shall be from time U)
time answered, accounted for, applied, and appropriated to such and the same
uses and purposes as the revenues of the duchy of &>mwall now are trr would
hereafter have been liable to, and been applied and appropriate!, in cas^; the
said first-recited Act or this Act had not been made.
Contracts, if
not certified
and enrolled,
and the monev
paid within 40
days, nIiuU be
void, unlcHH the
Burvevor gene-
ral of the land
revenueK or of
the duchy of
Cornwall re-
Hpectivelj shall
on due cantte
shewn order
the certificate
to be enrolled
nunc pro tone.
Money paid
into the Bank
on account of
the duchy shall
be and remain
inveifted in iht*.
three per cent«*.
in thy name o(
the Duke of
Cornwall, and
the divideDdf«
paid into the
handji of thi;
receiver of the
dochy, and
applied as part
of the rerenne*!
id the duchy.
CXLVHL Pbotidcd ahrays, and be it farther enacted, that it Hhall \)e Th« prince's
lawful for the eooncil or eoinmiflBioneni of the revenues of hiH naid royal t^m!^'to^h«
yTiglifiA« for the time being, or any three or more of them, by warrant or S^^^TI^^
■
r
248
42 George III. c. 116.
A.D. 1801-2.
» ■
r
■ I
rrt
I*'
I'
It
^
i,'
i :
> ••
r
of the national
debt stock
necessary for
redemption of
the land tax
on the lands
of the duchj.
The hmds of
the duchy shall
thereupon,
during the
continuance of
any demise, be
exonerated
from the land
tax, which
shall be con-
sidered as rent,
and be recover-
able from the
lessees, and by
them from their
underlessees.
Where the
irhole of the
land tax shall
not before 34th
June 1803 be
redeemed by
the persons
having pre-
ference, the
conmuBsionetB
for executing
this Act may
contract with
any other per-
sons for sale
of the part re-
maining un-
sold.
power of attorney under their hands and seal of office, from time to time
to transfer to the commissioners for the reduction of the national debt so much
of the capital stock vested in the name of the Duke of Cornwall arising from
any sales made in pursuance of this Act as may be necessary for the redemp-
tion of the land tax charged upon any of the manors, messuages, lands,
tenements, or other revenues belonging to and parcel of the said duchy of
ComwalL
CXLIX. Akd be it further enacted, that upon the redemption by ibe
transfer of stock in the manner herein-before mentioned of any land tax
charged upon any manors, messuages, lands, tenements, hereditaments, or other
revenues belonging" to and parcel of the said duchy of Cornwall, and upon
the registry thereof in the manner herein directed, the manors, messuages,
lands, tenements, hereditaments, or other revenues belonging to and parcel of
the said duchy of Cornwall upon which such land tax shall have been charged
shall thenceforth during the continuance of any demise be wholly freed and
exonerated from the land tax charged thereon, and from all further assessments
thereof; and the amount of such land tax shall thenceforth during the con-
tinuance of any demise be considered as rent, and be recovered and recover-
able as such by his said royal Highness the Prince of Wales and Duke of
of CornwaU, his heirs and successors, against any lessee or lessees, or tenant
or tenants, and by such lessee or lessees, or tenant or tenants, against his, her,
or their under lessees or under tenants respectively.
CLI. Akb be it fbrther enacted, that where the whole of the land tax charged on
any county, riding, stewartry, city, borough, cinque port, town, or place in respect of
the manors, messuages, lands, tenements, or hereditaments therein shall not bdTore or
on the twenty-fourtn day of June one thousand eight hundred and three have been
redeemed by the bodies politic or corporate, or companies, or other person or persoDs
having the benefit of preference by virtue of the said recited Acts relating to the
redemption of land tax or of this Act, but any part thereof shall then remain charge-
able for the benefit of his Majesty, his heirs and successors, it shall be lawful for the
commissioners acting in the execution of this Act by virtue of his Majest/s warrant
under the royal sign manual for such county, riding, stewartry, city, borough, cinqoe
port, town, or place to contittct and agree with any other bodies politic or corporate,
or companies, or person or persons, for the sale of the land tax so remaining unre-
deemed and then chargeable as aforesaid, or any parts or parcels thereof, upon the
terms and conditions and in the manner herein-after directed ; and all such rules,
methods, regulations, and directions as are herein prescribed with respect to the re*
demption of land tax by any bodies politic or corporate, or companies, or other person
or persons having such benefit of preference as aforesaid, shall be observed, practised,
and put in execution with respect to sales of land tax by virtue of this Act, in so far
as such rules, methods, regulations, and directions are respectively applicable thereta
IBep., Stat. Law Rev. Act, 1872.} -
Persons desir-
ous of pur-
chasing shall
produce a
statement of
the land tax
proposed to be
purchased to
the commis-
sioners of land
tax or supply,
or chief magis-
trate, who shaU
CLIV. Akb be it further enacted, that all and every bodies politic or corporate, or
companies, or other person or persons desirous of purchasing the land tax charged
upon any manors, messuages, lands, tenements, or hereditaments, shall make out and
produce to any two of the commissioners of land tax acting in and for the hundred,
ward, lathe, wapentake, rape, or other division of the county, riding, city, borongfa,
cinque port, town, or place, if in England, or if in Scotland to the oommiBBioners of
supply of the county or stewartry or t£e chief magistrate of the city or burgh within
which the same shall be situate, a schedule or statement in writing of the land tax
proposed to be purchased, and of the manors, messuages, landsy tenementB, or hereditft'
menls whereon tiic same is charged ; and the said commissioners of land tax or sapplj
or chief magistrate respectively shall thereupon ascertain the amount of the land tax
ID. 1801-2.
42 George III. a 116.
249
pit)pOMd to be purchased^ and the respective manors, messuages, lands, tenements, or
kredHameuts whereon the same is charged, and shall grant a certificate thereof in the
form in the schednle to this Act annexed marked (A«) to the bodies politic or corpo-
rate, or companies, or other person or persons appljriiig for the same ; which certificate
Ehall contain the description of such manors, messuages, lands, tenements, and heredita-
mentB, distinguishing the parishes or places wherein the same may be situate, and
ibo the name or names of the proprietor or proprietors and the occupier or occupiers
thereof, and where such manors, messuages, lands, tenements, or hereditaments shall be
separately assessed, shall distinguish the amount of each separate assessment of land
iMX ; .and such bodies politic or corporate, or companies, or other person or persons
«b&Il produce such certificate to the connnissioners acting in the execution of this Act
1^ Tirtne of his Majesty's warrant under the royal sign manual, and where the land
tax proposed to be purchased shall not exceed twenty-five pounds shall also give notice
m writing to such conmiissioners whether the consideration is proposed to be in stock
or money, and, if in money, then whether the same is proposed to be paid in one sum
or by instalments, and also the day or days on which the same is proposed to be paid ;
lod tlie said last-mentioned commissioners are hereby authorised and required to
examine and amend such certificate, if necessary, and thereupon to cause notice in
vriting to be fixed on the church door of the parish or place where the manors, mes-
soages, lands, tenements, or hereditaments the land tax whereon shall be so proposed
to be purchased shall be situate, of the offer made to purchase such land tax, at least
ftmrteen days before any contract shall be entered into by them for the sale thereof ;
and in case no other offer or offers shall be made within the said period of fourteen
dap b^ any other bodies politic or corporate, or companies, or other person or persons,
toporefaase sach land tax for a higher price exceeding the price offered to be given
bj SQch first-mentioned bodies politic or corporate, or companies, or other person or
fowDs by one pound per centum at the least upon the amount of the stock or money
tttfffed to be transferred or paid as the price for the same, then and in such case it
Ute lawful for the said last-mentioned commissioners to contract and agree with
tk bodies politic and corporate, or companies, and other person or persons first offering
^pothnae such land tax for the sale thereof according to the directions of thS
itt; but if any other bodies politic or corporate, or companies, or other person or
ftnoDS shall witiiin such period as aforesaid offer to purchase such land tax at a
^igiMf price exceeding the offer so first made by one pound per centum upon the
'Boont of sach stock or money at the least, then and in such case it shall be lawful
ir sach commissioners and they are hereby required to contract and agree for the
■k of such land tax to the bodies politic or corporate, or other person or persons who
>U1 within such period offer the highest price for the purchase thereof; and the said
cnmnissioners shall cause to be inserted in every such contract the description of the
iBanon, messuages, lands, tenements, or hereditaments, and other particulars relative
^^a^ herein-before directed to be inserted in such certificates ; and upon the pro-
^vtion of such contract at the Bank of England, in cases where the consideration
>^ be in stock, and upon the transfer to the commissioners for the redaction of the
>>>tH>nal debt of the three pounds per centum bank annuities to be transferred as the
^^eration for the purchase of soch land tax, or of such proportion of such bank
^nities as shall baTe been agreed to be transferred as the first mstalment ^ereol^
jwbig not less than one fourth part of the whole amount of such bank annuities, and
10 cases where the consideration shall be in money then upon the production of such
c^intrBct to the receiver general for the county, riding, or place in England, or his
^Qty, or the coHeGtor for the shire, stewartry, or plaee in Scotland, where the manors,
iBmages, bads, tenementa, or hereditaments of whidi the land tax shall be so pur-
chased sh^ be situate, and upon payment to such receiver general or his deputy or
nch collector of the sum or sums of money to be paid as the consideration for such
piQitfaase, every sudi body politic or corporate, or company, or other person or persons
^ he eniitkd to the like certificates or receipts from the cashier or cashiers of the
S^emor and company of the Bank of England, and from every receiver general or
^ deputy and collector, as herein-before is directed in cas^:^ of the tnini<fer or payment
of the consideration for the redemption of any land tax ; and upon the registry of sodi
^tnet, and also of the certificate of soch conumssioners ^ supply or chief magistrate
vafimsaidybi thenanncr directed by this Act, the manors, messages, lands, tenements,
^ bereditanients the land tax whereof ^Itall be so purchased Afaaii l^e wholly freed and
^xooeraled from soch land tax and all further sui&fAaDenth thereof, and a]] claims of
lus Majesty, his heirs and successors, in respect of the same, from the like periods as
ascertain and
certify the
amount accord-
ing to schedule
(A.); and
upon produc-
tion of certi-
ficate to the
commissioners
for executing
this Act (who
may amend the
same) they
shall cause no-
tice of the offer
to purchase *to
be fixed on the
church door,
and if within
14 davs no
ofiier higher
by 1/. per cent,
shall be made,
they may con-
tract for the
sale, bat if
such higher
otfor shall be
made, they shall
contract with
the party mak-
ing it i and
ttponprodoC'
tion of the eon-
traetatthe
Bonk and
transfer of the
stock to be
ttansferred or
the first instat-
meat thereol^
or vponpro-
dnction it the
eotttract to the
receiver aene-
or collector in
Scotland and
payment of the
consideration
ID money, the
party shall be
entitied to cer-
tificates and
rreeiptaaa is
cases of redemp-
tioo; and oo
registry of the
contract and
certificate the
kwds shall be
exooeFBted
from the land
tax, acid the
pfircha«er shall
becntitJedto a
fee-iinn reat
out of the Jauds
eqoal toth«
tod tax rs-
I
1
Y
•V
lirtaMu
250 42 George 111. c. 116. A.D. 1801-1
'K are kerein directed in cases of redemption of land tax ; but the respective purchasers
^ of such land tax, and their heirs, successors, and assigns, shall from such period of
K exoneration be entitled to demand, have, and receive for their, his, or her own ut^e for
'6. ever, and shidl hy virtue of this Act be adjudged, deemed, and taken to be in the
r . V actual seisin and possession of a yearly rent or sum as a fee-farm rent equal in amoant
t to the land tax so purchased by him, her, or them, free of all charges and deductions
p whatevei;, to be issuing and payable out of the manors, messuages, lands, tenement
[' or hereditaments whereon the land tax so purchased was charged on the same dajs
as such land tax was payable at the time of the purchase thei*eof ; and such respective
purchasers, their heirs, successors, and assigns shall have priority of security on such
manors, messuages, lands, tenements, or hereditaments in respect of such annual som
f^ or rent over every other incumbrance thereon, and shall have and enjoy all sach
I powers, remedies, benefits, Und advantages for the recovery thereof, whether by action,
r . suit, distress, or otherwise, as landlords by law have or can enjoy for the recovery of
K g^^^ ^£ ^^ rents reserved on leases : Provided always, that the sale of any such land tax, and the
tax not to exoneration of the manors, messuages, lands, tenements, or hereditament j$ therefrom,
affect the right shall not in .any manner prejudice or affect the right or title of his Majesty, Lis heirs
of the King to or successors, to any arrears of such land tax remaining unpaid up to the period of
I arrearo. ^^^ exoneration, or prevent his Majesty, his heirs or successors, from using all such
ways and means for recovering such arrears as his Majesty, his heirs or successors,
could or might have used in case such land tax had not been sold. |Rep., Stat Law
Rev. Act, 1872. J
On the desire CLV. PROVIDED always, and be it further enacted, that if any proprietor or
b^ *5fi nr*" proprietors, or person or persons beneficially interested in any manors, mes-
terested in the suages, lands, tenements, or hereditaments, which shall stand settled or limited
hinds, the com- ^ ^j, f^j. ^^ same uses, trusts, intents, or purposes, and in the same order and
missioners may ... , - . \ ^
order the whole coiu*se of limitation, and be subject to the same charges, liens, and incumbrances,
'^ tThepMaid^ut ^^^ '*^^ ^'^^ whereof shall have been purchased or shall be proposed to he
h of a part only purchased, shall be desirous that such land tax shall, after the purchase thereof,
that Sie a^tud *® * fee-farm rent, be paid and borne out of any particular part or parts only
I ' vriue of Boch of the" said manors, messuages, lands, tenements, or hereditaments, and shall
• toUireel^s S^^^ notice in writing of such his, her, or their desire to the said commissioners
the rent; acting in the execution of this Act as last aforesaid, then and in such case it
shall be lawful for the said commissionei"s to order and du-ect that the whole
of such fec-fai*m rent, whether consisting of one or of several assessments of
land tax, shall in future be paid and borne out of any part or parts only, and
out of what part or parts of the said manoi-s, messuages, lands, tenements, or
hereditaments, of which the land tax shall be so proposed to be purchased as
aforesaid ; and in every such case the part or parts of such manors, messuages,
lands, tenements, or hereditaments out of which such fee-farm rent shall be
directed to be paid or borne shall from thenceforth be exclusively subject
thereto, and to the several powers and remedies for the recovery thereof herein-
before mentioned ; and the rest of such manors, messuages, lands, tenements,
or hereditaments shall from thenceforth for ever be wholly and absolutely freed
and discharged as well from the fee-farm rent acquired by such purchase as
from the land tax before charged thereon : Provided always, that the annual
value to be let of the part or parts of any such manors, messuages, lands,
tenements, or hereditaments which shall be so made exclusively subject to the
payment of any such fee-farm rent as aforesaid shall not be less in amount
such part to be than three tunes the amount of such fee-farm rent at the least : Provided also,
''^P^^Jy ^ ^^^^ ^^^^ parts or part of such manors, messuages, lands, tenements, or heredita-
contract. ments which shall be so made exclusively subject to such fee-farm rent and
the part or parts discharged therefrom, shall be separately described and
distinguished in the contract, or where the contract shall have been previously
JLD. mui
42 Oeobge lit. c. 116.
251
entered into, then in an indorsement thereon, or in a schedule annexed thereto •
under fte hands and seals of any two or more of such commissioners.
CLTII. Provided always, and be it further enacted, that it shall be lawful
for all and every person and persons who shall become entitled to any fee-farm
rent, by the purchase of any land tax sold in pursuance of the provisions of this
Ac^ to bar and destroy any entail thereof which might have been barred by
recovery or fine, by deed acknowledged by such person or persons, and inrolled
in (me of his Majesty's courts of record at Westminster, or in the courts of the
counties piJatdne of Chester, Lancaster, or Durham, or in the courts of great
session in Wales, or registered in the office for registering deeds in the counties
of Middlesex or York, as the case shall require.
CLVIIL And be it further enacted, that where the land tax charged on any
manois, messuages, lands, tenements, or hereditaments, which are or shall be
leased or demised at a rackient for any term or number of years, or from year
to year, or at will, shall be purchased by any tenant or lessee thereof, who shall
not be bound by any covenant or agreement to pay the land tax during the
eontinoaDce of the demise, it shall be lawful for such tenant or lessee to retain
out of the rent reserved or made payable on such lease or demise during
tike continuance thereof the amount of the land tax so purchased ; and the
payment or tender of the residue of such rent shall be as valid and effectual
to jisdiarge such tenant or lessee as tbe payment or tender of the whole rent
raenred on such lease would have been in case such land tax had not been
pvnbsed.
PurcliaAen of
fee-farm rent»
may bar any
entail therein.
Where the land
tax Khali be
parchaMxl by
a tenant at
rackrent not
bonnd to pay
it, he may re-
tain the amoont
out of the rent.
CLXL And be it farther enacted, thai it shall be lawful for tlie governors of the
bomty of Queen Anne, and for the trustees for the time being of any trust property
i^eretofoTe given by any will for the purpose of being hud out in the purchase of hmds
or impiopriate tithes for the benefit of the poor clergy in England respectively, to apply
loj som or Fums of money or other funds, whidi by this Act such governors and trustees
respectiTdy arc empowered to apply in and for the redemption of the land tax charged
n the lands, tithesi or profits of any living or livings herein mentioned, in the purchase
of any famd tax which shall be sold in pursuance of the provbions of this Act, for the
porpofle of augmenting any such liviug or livings which such govemorti or trustees
reflectively shall think proper so to augment, and such land tax shall for ever aiiter
the porchase thereof be annexed to such living or livingi<, and be L^soiug as a fee-farm
iCDt oat of the manors, messuages, lands, tenementis or hereditament.-* whereon the 2$ame
vas charged at the time of such purchase, or such of them as shall remain chargeable
tiierewith under the provisions of this Act, for the benefit of such living or livinga, and
be payable on the same day< as such land tax was payable, and the incumbent or incum-
bents for the time being of such living or livings shall have and enjoy the same
powers and remedies, benefits and advantages for the recovery thereof, whether by
action, suit, distteaa^ or otherwise, as famdlords by law have or can enjoy for the re-
covery of rents reserved on leases} ; and every sudi purchase of land tax by virtue of
this Act for the benefit of such tiving or livings shall be deemed valid and efiectual in
the law, and equivalent to all intent*, eonstructiori.*, and purposes to a purchaj<e or
purchases of knds or tithes for that porpo:$e, any statutes of mortmain or other statnte
or kw to the oontiwy notwithstanding {Rep^ Stat. Law B^'. Act, 1872.] ;a nd it
shall also be lawful for the said governors of the bounty of Queen Annt:, not-
withstanding any such statutes or law to the contrary, to aooe^it and take any
land tax whidi diall have been ^j ]mrchased as a fee-farm rent aa aforenaid, and
wbidi shall be given <»- be<[ueathed to tbem Yjy any df^^fL, will, or </therwije for
the purpose of augmenting any :»uch living or livings an afr/re»«ajd, and to af^ply
the same for or towards tbe augmentation of such living or liyings accordingly.
GovemoT'j of
Qtieen Aiiiie*^
boantv, aivl
tnutees of any
property giTeo
by vill to be
bud out in laody
&C. for tbe
benefit of die
poor cleigr,
mar pnrehaie
Uud tax for
anipnentin^
livinjr-, whieh
ifaaU i<*«iie a^'
a fce-Cauv oat
of the laocb.
(fitrtTnuTit of
Qn*-*^ Anne'f
bcmotr majr
aecfpt giftn or
deriiicf of pur-
^tMed land tax
for the sag'
mentation of
v.
gf
i
252 42 George III. c. 116. * A.1). 1801-2.
and the incumbent or incumbents for the time being of such living or livings
shall hold and enjoy such land tax; and all powers and remedies for the re-
covery thereof, in the same manner as if such land tax had been purchased
by the said governors, and annexed to such living or livings in pursuance of
this Act.
oii.7lT^ CLXII. Akd be it further enacted, that eveiy gift or disposition of any knd
redeemed or tax which shall have been redeemed under the provisions of the said recited
Se auinneiitfL ^^9 ^^ which shall be redeemed or purchased under the provisions of this
tion of any Act, made by the person or persons entitled thereto by deed, will, or otherwise,
Ys^i, * * ^ ^or the augmentation of any living or livings whatever, shall be valid and
effectual ; and such land tax shall be held and enjoyed by or for the benefit of
the incumbent or incumbents for the time being of the living or livings which
shall be so augmented thereby, according to the tenor of such deed, will, or
instrument of gift ; any statutes of mortmain or other statute or law to the
contrary notwithstanding.
Contracts for CLXIV. And be it further enacted, that every contract entered into in
IS^KS' pursuance of this Act for the redemption or purchase of any land tex chai^
ir ^-^^^^^ ^ aforesaid shall, before the transfer or payment of the second instalment of
i. per officer, who stock or money to be made thereon, or within three calendar months from
I ^^ dT^^ te ^^^ *™^ ^^ making the transfer or payment of stock or money thereon, in
I of the amount case the whole consideration shall be transferred at one time, be registered
T ]^^Sl)r*^ ^^^ ^^® proper officer appointed or to be appointed for that purpose ; which
r^ purchased, and registers shall be made in books to be provided and kept by such officer, and
the receiver^^ the said officer is hereby required to make out three duplicates on parchment,
general for the fairly written, under his hand and seal, of the several amounts of the said
ti jOacef another ^^'^ ^'^^ ^^ redeemed or purchased and exonerated, distinguishing the sevemj
A to the commis- parishes and places where the same shall have been assessed, and to deliver or
land tax of a cause to be delivered one of such duplicates to the receiver general for the
the division, coimty, riding, or place where such land tax shall have been charged, and one
the King's re- other of such duplicates to the commissioners of land tax acting for the division
membrancer. where the parish or place in which such land tax shall have been charged is
situated, and a like duplicate into the office of the Eang's remembrancer of
the Exchequer, whenever the same shall be required
Copies of the CLXV. AND be it further enacted, that every copy of the register of any
w^towts^shaii contract made in pursuance of this Act and registered according to the direc-
be evidence, tions thereof with the proper officer appointed for that purpose, whi^h shall be
signed by him, shall be aliowed in all courts and places, and before all persons,
to be good and sufficient evidence of such contract.
Where persons CLXVI. And be it further enacted, that if any person who shall have
rede^,*&c. %G entered into any contract for the redemption or pui-chase of any land tax by
without com- virtue of the said recited Acts or of this Act shall have died or shall die before
teactftftheTn- ^^^ transfer or payment of all the instalments of the consideration contracted
stalments shall to be transferred or paid by him or her, without having made any provision
their assets as ^Y ^^ or otherwise how the fiiture instalments shall be made good, then and
debts to his ij^ g^ch case the future instalments shall be paid out of the assets of the
]MaiestT on
record, and if pcrsons 80 dying as a debt to his Majesty upon record, and the executors or
^ ^^^^ administrators of the person so dying, and the trustee or trustees, guardian or
contract may be guardians, tutor or tutors, curator or curators of any infant, minor, or other
AJ). 1801-2.
42 Geoboe III. c 116.
253
penon entitled to the estate and effects of the person so dying, shall be
jnriemnified against such infant or minor, and all other persons whomsoever,
ibr making good the instalments necessary to complete the said contract ; and
if such executor or administrator, trustee, guardian, tutor, or curator shall not
bave assets for that purpose, then they shall and may and they are hereby
jespeetively authorized and empowered to sell, assign, and dispose of the said
eontiaet : Provided always, that when the person so dying shall have con-
tracted for such land tax under the benefit of preference given by the said
recited Acts or this Act, without having the absolute estate or interest in the
manois, messuages, lands, tenements, or hereditaments whereon the same was
dttiged, and the person or persons having the next immediate beneficial estate
or interest in succession, reversion, remainder, or expectancy, and which shall
hare become vested in* possession by reason of the determination of the pre-
ttding estate or interest of the person so dying, or his, her, or their guardian
or guardians, or tutor or tutors, in cases of in&ncy, or committee or committees,
or earator or curators, in cases of lunacy, shall be desirous of taking an assign-
ment oi[ such contract in order to complete the same, then and in such case it
than be lawful for the executors or administrators of the person so dying to
aeQ and assign such contract to the person or peitons whose estates shall so
lave become vested in possession, or the guardian or guardians, tutor or tutors,
(ODmittee or conunittees, curator or curators of such person or persons on his,
WjOr their behalf, whether such executors or administrators shall have in
libar bands assets of the deceased person or not : Provided also, that the
peooa or persons to whom such contract shall be assigned shall be bound to
flaqdete the same upon the same terms and conditions, by the same instal>
Aeots, and at the same periods, and in the same manner, and have and be
aititled to the same benefits and advantages as the person so dying would
have been bound to complete the same or would have been entitled to in case
he or she had been then living : Provided always, that the respective Courts of
£xehequer or the commissioners for the affairs of taxes may in all such cases
give the like relief, by enlarging the time for nmtking good any future instal-
ment or instalments, as they are hereby authorized to do in cases of forfeiture
through the default of the party.
CLXYII. Akd be it farther enacted, that if any person or persons, after
entering into any soeh contract as aforesaid for the redemption or purehase of
an^ land tax, shall afterwards neglect or refuse to complete the same by the due
and regular transfer or paym^it of the eonsidenition (whether by instalments
or otherwise) agreed to be made thereon, then and in every such case, and
immediately after de£aalt shall be made in the transfer or payment of sncli
eooaideration or any part thereof, such contract shall become null and void,
and the whole of the land tax so eontracted for diall be revived and again
become chargeable on the manofs, messuages, lands, tenements, or beredita-
ments whereon the same was diarged prior to sodi contract, and such laiyl
tax (wbeth^- the same shall have been redeemed or pnrehased) shall be again
afMCiOPcd, raised, levied, and ccdleeted for the use of his Majesty, his hem and
sueeessora, or be again sold by the eommissicmeni acting in the execution of
this Act by virtue of his Majesty's warrant under the royal hign manual, in
the same maniiRr as if sodi contract had not been entered into ; and tlie pensori
or persons 9o m^lHng dtrfault shall f^r the noufi^rfr/nfiance of th^ contract hti
sold ) biit if
the ooMract
was made by
a peroon not
having the
absolute estate,
and the person
taking the next
estate and '
becoming en*
titled in pos-
session shall be
desirous of
takin/y the con-
tract, it may be
assigned to
him, whether
there are assetf
or not.
PenoMto
whom eoDtracta
are ascignerl
shall be bouod
to complete
them opoD the
original term^.
The time for
payment of in-
stsdmentH m^iv
be enlarged.
Ifdefuiltbe
made in fnliU-
ling any orm-
inct the la»l
tax shall reriri?,
and b^ again
re-aii«M;*«ed or
sold, and the
defoalter «ba]l
be subject to a
penalty doC ex-
ceeding one
sixteemh of tb«
eorMideratioo.
#
\
254 42 Georgk III. c. 116. A.D. 1801-2.
subject to a penalty not exceeding one sixteenth part of the consideration .
agreed to be transferred or paid on such contract; and in cases where the
consideration to be tmnsferred shall be three pounds per centum consolidated
bank annuities, and no part thereof shall have been transferred, the amount
of the penalty shall be the value of such sixteenth part of the consideration,
accorcUng to the average price of three pounds per centum consolidated bank
annuities on the day on which the transfer of such coni^ideration, or the first
instalment thereof, ought to have been made ;. or in case the books for entering
'transfers of such annuities shall then be shut, then according to the average
price of three pounds per centum reduced bank annuities on such day.
Where land tax CLXVIII. And be it further enacted, that where any land tax shall have
the comndi ^®^ ^^ ^^isXi be revived and again become chargeable on any manors, mes-
sioners of land suages, lands, tenements, or hereditaments by virtue of the said recited Acts or
or^cWef ma^s- ^^ ^^^^ -^-Ct, the Commissioners of land tax or supply acting in and for the
trate shall, division or place, county or stewartry, or the chief magistrate of the city or
months, deliver borough within which such manors, messuages, lands, tenements, or heredita-
a schedule to ments shall be situate, or any three of them, shall and they are hereby required,
general, and within six calendar months after such land tax shall be so revived, to deliver
^'it^t™ to^the ^^ canse to be delivered a schedule or duplicate in parchment under their
King's remem- hands and seals to the receiver general for the county, riding, division, or place,
^iwidf Jr ^^ ^^ England, or his deputy, or to the receiver general, if in Scotland, and
barons of Ex- shall transmit or cause to be transmitted a like schedule or duplicate into the
ScotUuiV, spe. King's remembrancer's office, if in England, and to the barons of the Exchequer,
cifying the if in Scotland, which schedule or duplicate shall contain and specify the amount
' of the land tax so revived and again become chargeable, and the year in which
and the period from whence such land tax shall have been revived ; and in
case such land tax shall have become revived from any period preceding the
commencement of the year in and for which such schedule or duplicate shall
be made out as aforesaid, such schedule or duplicate shall also contain and
specify the amount of the arrears of such land tax up to the commencement of
such year as aforesaid, distinguishing the amount of the land tax so revived
and again become chargeable from the amount of such arrears as aforesaid.
Where con- CLXIX. And be it further enacted, that where any contract shall become
come* forfeited, forfeited, it shall be lawful for the Courts of Exchequer in England and Scot-
the Courts of land respectively, on the application of the person or persons who shall have
enlarge Ae™*^^ incurred such penalty as aforesaid, or any other person or persons who may
J^D^elor making be prejudiced by such default, by petition to be preferred in a summary way,
and grant such stating the grounds of such application, to enlarge the time for making good
relief as shall any subsequent instalment or instalments, and to srant such relief to the party
appear reason- . • . .i_ • i • i i n %
ahle; and, or parties as to the said courts respectively shall seem meet, upon payment (A
naS^s^n^not ^^' ^^^^' ^^^ xJi^oTL such other terms and conditions as to such courts respectively
exceed 50/., the shall appear .reasonable : Provided always, that where the amount or value of
fo^to^i*^ with ^^® penalty incurred shall not exceed the sum of fifty pounds of lawful money
the approha- . of Great Britain it shall be lawful for the commissioners for the affiurs of
T?«i8uiy,^may ^^es (with the approbation of the commissioners of his Majesty's Treasury) to
do so. enlarge the time for making good any such subsequent instalment or instal-
ments, or to grant such other relief to the party or parties as to the said
commissioners for the affairs of taxes (with such approbation as aforesaid) shall
seem meet.
JLD. 1801-2.
42 George III. c. 1 16.
255
CLXX. And be it further enacted, that where any contract made under and
ly virtue of this Act shall have become null and void as aforesaid, and no
proBeeution for the penalty shall have been brought, it shall be lavrful for the
eommissioners for the reduction of the national debt, and for the receivers
general in England and collectors in Scotland respectively, and they are hereby
required, in cases where any instalment or instalments shall have been trans*
fiored or paid on such contract, to reserve to the use of the public such part of
the consideration under such contract as shall be equal to the penalty incurred,
and on demand thereof made to transfer or pay the remainder thereof to the
bodies politic or corporate, or companies, or other person or persons interested
in sudi stock or money, their, his, or her successors, executors, administrators,
or assigns.
CLXXI And be it further enacted, that where any bodies politic or
coiporate, or companies, or other person or persons have transferred or may
hereafter transfer to the commissioners for the reduction of the national debt,
ou account of the redemption of land tax, any consolidated or reduced three
poonds per centum bank annuities which ought not to be transferred for that
purpose, or have paid or shall hereafter pay into the Bank of England any
sum or sums of money by way of interest which ought not to have been so
pud, then and in such case, upon a certificate signed by any three or more
of tbe commissioners for the affairs of taxes that such bank annuities ought
udto have been so transferred or that such monies ought not to liave been
so fail, it shall be lawful for the said commissioners for the reduction of the
utiooal debt, or any one or more of them, or for the governor and company
d&t Bank of England, as the case shall require, and they respectively are
iwby required, to re-transfer the said bank annuities, or to repay out of
nj monies in the hands of such governor and company on account of interest
Bnder this Act the said monies unto the bodies politic or corporate, or com-
panies, or other person or persons by whom or on whose account the same
»'ere transferred or paid to them respectively ; and wherever it shall appear
to tbe satisfaction of the said commissioners for the affairs of taxes that any
snm or sums of money shall have b^en paid to any receiver general or his
deputy on account of the redemption of land tax or on account of interest
which ought not to have been so paid, then it shall be lawful for the said
<sonimissioners for the affairs of taxes, or any three or more of them, to order
and direct such receiver general or his deputy to repay all such monies to the
bodies politic or corporate, or companies, or other person or persons who shall
appear to have paid the same ; and the receipt and receipts of such bodies
politic or corporate, or companies, and other person or persons, shall be suffi-
cient discharges for such bank annuities so re-tranaferred or monies so re-
paid as aforesaid.
CLXXIL And be it further enacted, that where any bank annuities shall
have been or shall be transferable to any bodies politic or corporate, or com-
panies, or other person or persons under the order and direction of the
eommissioners acting in the execution of this Act by virtue of his Majesty's
letters patent under the great seal, or the commissionei^ for the affairs of
taxes respectively, or without any such order or direction, in cases where any
eontract shall have become null and void, all such dividends or arrears of
dividend shall be issued from the receipt of the Exchequer, and be payable
Where any
contract haa-
beoome void,
and the penalty
has not been
sued for, the
commissioners
for reduction
of the national
debt, &c. sliall
reserve out of
any instalments
paid a sum
equal to the
penalty, and
transfer the
balance to the
parties entitled.
Where stock
has been im-
properly trans-
ferred, or
money impro-
perly paid to
we Bank by
way of interest,
the stock shall
be re-transfer-
red, or the
money repaid
upon certificate
from the com-
missioners tor
taxes, who
may also direct
receivers gene-
ral to repay
monies impro-
perly paid to
them.
Where bank
annuities shall
be transferable
to any person,
&c. on con-
tracts becoming
void, or other-
wise, the divi-
dends shall be
issued from the
Exchequer and
payable at the
^>.
(
£60
42 Oeoboe ni c 116.
A.D. 1801-2,
I
V
I
:•
Bank, as thej
would have
been hadtho
aimaities not
been transfbr-
red to the oom-
missioners for
reduction of the
national debt
No contract,
assignment,
copy of regis-
ter, certificate,
transfer, letter
of attorney,
nor affidavit,
under this or
the recited
Acts, liable to
stamp dnty.
■ Where the eol-
^ lectors of the
land tax in
L Scotland shall
R^ not have en-
tered into bonds
,as directed by
'^ 39 Geo. 3.
c. 40., they
shall within a
1 \ limited time
enter into such
bonds as the
* barons of the
Exchequer
f^ shall require
for paying the
monies they
f receive to- the
' receiver gene-
r ral for Scot-
land, to whom
such bonds or
» extracts thereof
' shall be de-
livered.
Bonds -already
'^ • entered into
' shall continue
in force.
■
t'
Where any •
snch collector
does not duly
pay the money
to the receiver
general he may
present thcf
bond to the
barons of £x«
eheqner, with a
petition pray-
ing process
•
at the Bank of England, fof and in respect of the said bank annaities whidi
shall have been or shall be re-transferred by the commissioners for the reduc-
tion of the national debt to any bodies poUtie or corporate, or companies, or
other person or persons as aforesaid, as would have been payable thereon incase
the same bank annuities had not been transferred to the said last-mentioned
commissioners.
OLXXIII. And be it forther enacted, that no contract entered into for the
redemption or purchase of any land tax, nor any assignment of any such
contract or land tax, by virtue of the said recited Acts or this Act, nor any
copy of the register thereof, nor any certificate or receipt which shall be pven
by virtue of the said recited Acts or of this Act, nor any transfer of any stock
in the funds which shall be made by virtue of the said recited Acts or of this
Act to the commissioners for the reduction of the national debt, nor any letter
of attorney authorizing any person or persons to transfer any such stock to
the said conunissioners, or to accept any such stock previously to and for the
purpose of transferring the same to them, nor any affidavits whatever to be
made in pursuance of the said recited Acts or of this Act, shall be liable to
any stamp duty whatever.
CLXXIV. And be it fuilher enacted, that where the respective collectors of cms
or land tax appointed or to be appointed in the several shires, stewartries, dtiei,
burghs, and places in Scotland, shall act in pursuance of the* said recited Act of the
thirty-ninth year of his present Majesty's reign for amending so much of the said
three first-recited Acts as relates to Scotland, shall not have entered into such bonds
to the respective commissioners as are therein mentioned, such collectors respectirelj
shall within forty days after the passing of this Act, or after they shall be so respec-
tively appointed, as the case may be^ and before they or any of them shall receive any
monies to be paid as the consideration for the redemption or purchase of any land tax
in pursuance of this Act, enter into bonds to the said respective commissioners for the
purposes of this Atst, or any three or more of them, in such shires, stewartries, citieS)
burghs, and places, with such good and sufficient caution as the barons of ihe Ex-
chequer in Scotland shall require, binding him or them, and his or their sureties, con-
junctly and severally, for his and their duly paying to the receiver general for Scotland
at Edmburgh, at such times after the receipt thereof as the said barons shall direct to
be inserted in such bonds, all such sum and sums of money as shall be paid to them in
pursuance of the said recited Acts or either of them, or this Act, for the redemption
or purchase of any land tax, under a penalty of two hundred pounds sterling, over and
above performance, and which bonds the said commissioners, or any three or more of
them, are hereby authorized and required to take ; and the said respective commis-
sioners shall fordiwith cause the said bonds to be delivered to the receiver general at
Edinburgh, or, not being delivered to such receiver general, shall cause the same to b6
registered in the books of council and session, and extracts thereof to be delivered to
the said receiver general at Edinburgh ; and all such bonds already entered into by such
collectors or their respective sureties as are now in force shall continue in force for tb<
purposes of this Act, in like manner as ii* the same had been respectively entered in^
after the passing of this Act {Rep., Stat. Law, Rev. Act, 1872.2
CLXXVI. And be it further enacted, that in every case where any snd^
collector or collectors shall fail or neglect to pay over to the said receiver
general at Edinburgh, or his deputy or deputies, any such sum or sunw rf
money within such number of days after the same shall be received by him (Hf
them as aforesaid as shall be specified in the bond entered into by such oollec-
tor or collectors as aforesaid, the said receiver general, or his deputy or deputies;
may present the bond, or an extract thereof, to any one or more of the bsroDS
of the Court of Exchequer in Scotland, with a petition stating the sum du« *""
ID. 1801-2.
42 George III. c. 116.
257
not accounted for by such collector or collectoi-s aud praying for a horning or
other competent and legal process of couii* upon such bond or extract, making
oath that the sum stated in the petition is due and not accounted for ; and the
IttTon or barons to whom such petition shall be presented may thereupon order
a horning or other competent and legal process of court to issue, and which
process of court may be proceeded in by aiTcstmeut, poinding, denunciation,
caption, imprisonment, and otherwise, for recovering fi-om such collector or
coDectoni, and his, her, or their surety or sureties, the sums due from such
collector or collectors, and for the penalty of two hundi'ed pounds in such bond,
over and above the sums so due as aforesaid ; or the receiver general, or his
deputy or deputies, upon making oath to the sums due and unaccounted for,
abm be at liberty to proceed to the recovering the payment thereof, and of
the penalty in the bond, by any process for recovering payment of debts
due to his Majesty, according to the counse of the Court of Exchequer in
Sootiand.
CLXXVII. And whereas by the said recited Act passed in the thirty-eighth
year of the reign of his present Majesty for granting an aid to his Majesty by
a laud tax 'it is enacted, that every receiver general in England, Wales, and
Berwick-upon-Tweed, upon the receipt of the whole assessments of the coimty,
tiding, city, or town for which he is appointed receiver general, (in case he
^l have received the several duplicates of each parish and place therein, and
^duplicates shall be returned to the office of his Majesty's remembrancer of
tkSxdiequer, and not otherwise,) shall allow and pay according to such war-
laotisdiall be given in that behalf by the said commissioners, or any two or
wiBrfthem, thi'ee halfpence in the pound and no more to the commissioners
db!rbi()r their pains in fair wilting the assessments, duplicates, and copies
ffciHn-before directed, and all warrants, orders, and instructions relating
t&efeto: And whereas doubts have arisen whether, imder the said provision,
socb receivers genei-al arc authorized to allow and pay to the said clerks three
halfpence in the pound upon such land tax as hath been or shall from time to
dme be redeemed : Be it therefore enacted, that so long as a duplicate of the
knd tax charged upon any pai'ish or place in respect of the manors, messuages,
lands, tenements, or hereditaments therein shall, under the provisions of the
aid last-mentioned Act of the thirty-eighth yeai* of his Majesty's reign and of
this Act, be required to be delivered to any such receiver general, it shall be
kwful for any such receiver general in England, Wales, and Berwick-upon-
Tweed, and he is hereby required, upon the receipt of the whole assessments of
the county, riding, or place for which he shall be receiver, in case he shaD have
received such duplicates as aforesaid, and the same shall be returned to the
office of his Majesty's remembrancer of the Exchequer, pursuant to the direc-
tions of ihe said last-mentioned Act, to allow and pay to the respective clerks
for the time being to the conunissioners of land tax who shall have delivered
ndb duplicates three halfpence in the pound, as weU upon the amount of land
tax which ahall have been redeemed or purchased in such respective parishes
or places as upon so much of the land tax as shall remain chargeable therein :
Provided always, that it shall be lawfiil for the conmiissioners of his Majesty's
Treasury, or any three or more of them, or the lord high treasurer for the time
being, whenever diey shall think fit, to order and direct that the said allowance
of three halfpence in the pound shall cease to. be paid for or in respect of so
yoL. IV. R
thereoD ; or he
may proceed to
recover the
sums due ac*
cording to the
course of the
Court of Ex-
chequer f(fr
recovering
debts dae to
his Majesty.
38 Geo. 3. c. 5.
s. 14.
While a dapli-
cate of the land
tax shall be re-
quired under
last-mentioned
Act or this
Act to be de-
livered to any
receiver gene-
ralt he s&Ul
allow to the .
clerk to the
commisffionerH
of land tax
\\d. in the
pound, as well
upon the tax
redeemed as
upon that
remaining
chargeable.
The Treasury
may order the
said allowance
to cease in*
respect of the
land tax re-
deemed, &c.
25S
42 George III. c. 116.
A-D. 180U2.
much of the said land tax as shall have been redeemed or purchased, anything
herein contained to the contrary notwithstanding.
t
'I.
.)
The whole of
the land tax
charged on any
place shall be
inserted in the
certificate of
assessment, so
long as any
part shall re-
main payable
either to his
Majesty, or
any persons
who shall have
redeemed any
land tax, and
declared an op-
tion to be con-
sidered as per-
sons not inte-
rested ; and all
lauds not ex-
onerated shall
continue sub-
ject to a yearly
assessment not
exceeding 4«.
in the pound,
• which shall be
raised, &c. as
directed by
38 G. 3. c. 5.
On delivery of
the certificates
and precepts to
the collectors,
they shall be
directed to
return in their
schedule to the
receiver gene-
ral the amount
of the land tax
redeemed.
In Scotland
such lands shall
be subject to a
new yearly as-
sessment as
established by
law or custom
there.
If any assess*
ment shall ex-
ceed As. in the
pound it shall
be subject to
an abatement
as directed by
38 G. 3. c. 5.,
and duplicates
of the assess-
ment, specify-
ing such abate-
ment, shall be
transn^ittcd to
the receiver
general^ the
€!LXXX. And be it further enacted, that the whole of the land tax chai]ged
on any parish or place shall (notwithstanding the discharge of any part there-
of) continue to be inserted in the certificates of assessment to be signed by the
commissioners of the land tax so long as any part of the proportion of land tax
charged and chargeable in such parish or place shall remain payable in sndi
parish or place, either to his Majesty, his heirs or successors, or to tfny person
or persons who shall have redeemed any land tax by virtue of the said recited
Acts or any of them, and shall have declared an option in their contndA
respectively to be considered on the same footing as persons not interested;
and that all such manors, messuages, lands, tenements, or hereditaments which
shall not have been exonerated by virtue of the said recited Acts or of this
Act &om the land tax shall continue subject to a new assessment yearly and
from year to year, by an equal rate, according to the annual value of sudi
manors, messuages, lands, tenements, or hereditaments, not exceeding in one
year the rate of four shillings in the pound on such annual value : and that suoii
part of the said land tax which shall remain payable as aforesaid in any pank
or place shall be raised, levied, collected, and received in such and the like fom
and manner, and under such penalties, foifeitures, and disabilities, and accord-
ing to such rules, methods, and directions, as if the manors, messuages, lands,
tenements, or hereditaments charged with the land tax so remaining payable
as aforesaid formed an entire parish or place, and as are prescribed, directed,
and appointed by the said Act of the thirty-eighth year of his present Msyesty's
reign for granting an aid to his Majesty by a land tax with respect to the
quota of each parish or place : Provided always, that upon the delivery of tbe
certificates and precepts to the several collectors for the raising, levying, ooi-
lecting, and recovering such part of the said land tax as shall so remain payable
in sudi parish or place the said collectors shall be directed to return in their
schedule to the receiver general for the county, ridings or place the amount of
the land tax which shall have been redeemed in such parish or place, and from
the payment of which such parish or place shall have been exonerated : Provided
also, that if any such lands, tenements, or hereditaments are situated in Scotland,
the same shall continue subject to a new assessment yearly and from year to
year, according to the rates and in the manner established by law or custom
in that country.
CLXXXI. And be it further enacted, that if any assessment of land tat
which shall continue to be charged in pursuance of this Act shall 6t any tine
hereafter be found to exceed the rate of four shillings in the pound on the
annual value of the manors, messuages, lands, tenements, or hereditaments
whereon the same shall be charged, such land tax shall be subject to an abate-
ment in the manner in such cases directed by the said Act of the thirty-eighth
year of his present Majesty's reign for granting an aid to his Majesty by a
land tax ; and that after such iLbatement made an assessment specifying such
abatenient shall be made thereof accordingly, and the commissioners making
such assessment shall cause duplicates thereof to be returned to the said
receivers general, the commissioners for the affairs of taxes, and the offices of
i
ID. 1801^2.
42 George III. c. 116.
259
the Eing^s remembrancer at Westminster and Edinburgh respectively, and in
the maimer therein directed in other cases of assessments.
CLXXXII. And be it further enacted, that whenever in any parish or
place separately assessed to the land tax the whole of the land tax charged
upon the manors, messuages, lands, tenements, or hereditaments in such parish
or place shall have been redeemed or purchased, and all the manors, messuages,
lands, tenements, or hereditaments therein shall be exonerated, imder and by
virtue of the said recited Acts or of this Act, from the payment of any sum or
niiDs of money as land tax, all assessments in such parish or place by virtue
of this Act shall cease and determine.
CLXXXIIL And be it further enacted, that it shall be lawful for the com-
missioners of his Majesty's Treasury, or any three or more of them, or the lord
high treasurer for the time being, to order and direct any sum or sums of
money to be issued and paid out of any monies in the hands of any receiver
or receivers, or any public monies in the Exchequer, or any aids or supplies
granted or to be granted by Parliament for the i^rvice of the year in which
such expenses shall be incurred, for the payment of the allowances herein-after
Erected to the commissioners for the time being acting in the execution of this
Ad hy virtue of his Majesty's warrant under the royal sign manual, and also
fe the payment of salaries to any secretaries, clerks, and other officers acting
in the execution thereof, and for discharging such incidental expenses as shall
ittnsiiily attend the execution of this Act, in such manner as the said
CMDODrioners of the Treasury, or any three or more of them, or the lord high
tmssm shall from time to time think fit and reasonable in that behalf:
Atniied always, that no greater sum shall be paid to the said commissioners
soaetiiig in the execution of this Act as aforesaid than after the rate of three-
penee in the poimd on the amount of the land tax sold by them, to be paid to
Mod amongst them in equal proportions : Provided also, that an account of all
sack expenses shall be annually laid before Parliament : Provided also, that
sDch expenses shall not be liable to account otherwise than before the said
eommissioners of the Treasury or lord high treasurer for the time being.
CLXXXIV. And be it further enacted, that whenever any notice required
to be given by this Act cannot be delivered to the person or persons to whom
such notice is directed it shall be sufficient for the party obliged to give such
notice to leave the same at the last or most usual place of abode of the person
or persons to whom such notice is given, if such person or persons shall be in
Great Britain, or if such person or persons shall be beyond the seas, then to
pnUish the same in the London Gazette :
CLXXXV. And be it further enacted, that the acceptance of any commis-
sicHi from his Majesty in pursuance of the said recited Acts or any of them, or
rf this Act, shall not vacsie the seat of any person returned to serve in Parlia-
ment, nor shall the election of any person who hath accepted or who shall
teeept any such commission be in any manner impeached thereby or made
rend, any law or statute to the contrary notwithstanding : Provided always,
that the acceptance of the office of a commissioner for the redemption or sale
of land tax under the said recited Acts or this Act shall not, by reason of any
allowance for executing the same, be deemed, taken, or construed to be a
pJaoe or employment of profit under his Majesty, notwithstanding the appoint-
B 2
commissiooers
for taxes, and
the office of
the King's re-
membrancer.
Whenever in
any place sepa-
rately assessed
the -whole of
the land tax
shall have been
redeemed the
assessments
shall cease.
Treasury may
pay salaries
and cxpenseh
out of money
in the hands of
any receiver,
&c., but the
commissioners
shall not be
paid more than
Sd, in the
pound on the
land tax sold.
Account of
expenses to be
laid before Par-
liament. >
Notices left at
the last or most
usual places of
abode of per-
sons in Great
Britain, or
published in
the London
Gazette, if the
persons be be-
yond the seas,
shall be suffi-
cient.
Commissions
under this or
recited Acts
shall not vacate
seats in Par-
liament, nor
shall the office
of a commis-
sioner for
redemption
or sale of the
land tax bo
260
42 George III. c. 116.
A.D. 1801-2.
deeiDed a place
of profit under
bis Majesty.
ment shall be by warrant under the royal sign manual) but that the same
shall be deemed, taken, and eonstinied to be a place or employment under ilio
authority of this Act to all intents and purposes, and shall not impeach any
claim or title which such commissioner may have to any other allowance
whatever under his Majesty.
I
>• ♦• '
>•
i.fc->
i
f
1
Two commis-
bioners for re-
duction of the
national debt
may act for
the purposes
of this Act.
How penalties
to the party
aggrieved shall
be recovered.
How penalties
above 50/.
(other than to
the party ag-
grieved) shall
be recovered
and applied, if
sued for within
trix months.
AttoriK-y gene-
ral in England,
or King*t!i ad-
vocate in Scot-
land, may 8tay
proceedings.
Penalties not
exceeding 50/.
(other than to
the party ag-
grieve<l) may
be Kued for
before two
justices, who
nuiy issue their
warrant for
levying the
same on the
goods of the
party, and may
commit him to
prison for six
luonths for
want of snffi-
' cient distress.
CLXXXVIII. And be it further enacted, that it shall and may be lawful
for any two of the commissioners for the reduction of the national debt for
the time being to execute and do all matters and things which by this Act
the commissioners for the reduction of the national debt are required and
empowered to do.
CLXXXIX. And be it further enacted, that all penalties and forfeitures to
be sued for by the party aggrieved, by virtue of this Act, shall and may be
sued for by action of debt or on the case in any of his Majesty's coui'ts of law
in England and Scotland respectively holding pleas to the amount of forty
shillings, in which action or suit the plaintiff or plaintiffs shall be entitled to
his, her, or their full costs as in other cases in the said courts ; and that one
moiety of all pecuniary penalties and forfeitures hereby imposed other than to
the party aggrieved, where the amount or value of the same shall exceed 4e
sum of fifty pounds of lawful money of Great Britain, shall, if sued for within
the space of six calendar months from the time of such penalties or forfeitures
being incuiTcd, be to his Majesty, his heirs and successors, and the other
moiety thereof, with full costs of suit, to the pereon or persons who shall
inform or sue for the same within the time aforesaid, and which shall and may
be sued for in his Majesty's Court of Exchequer at Westminster for oftenccs
committed in England, or in his Majesty's Courts of Exchequer in Scotland
for offences committed in Scotland, by action of debt, bill, plaint, or informa-
tion, where no essoign, protection, privilege, wager of law, or more than one
imparlance shall be allowed ; but nevertheless it shall be lawful for his
Majesty's attorney general in England, or his Majesty's advocate in Scotland,
in case it shall appear to his satisfaction that any such last-mentioned penalty
or forfeiture was incurred without intention of fraud, to stay all fiirther
proceedings by entering a noli prosequi or othei'wise, with respect as well U)
the share of such penalty or forfeiture claimed by such informer or informcR,
as to the share thereof belonging to his Majesty.
CXC. Provided always, and be it further enacted, that in all cases when)
the amount or value of any penalties or forfeitures (other than to the party
aggrieved) already incurred under the said recited Acts or to be incurred undtf
this Act shall not exceed the sum of fifty pounds of la^^ul money of Greik
Britain, it shall be lawful for any two justices of the peace for the comtJA
riding, division, or place, wherein the party incurring such penalty or forfeitures
shall reside, to hear and determine any matter subjecting such party to any
such penalty or forfeiture as aforesaid under the said recited Acts or this Act;!
which said justices of the peace are hereby authorized and i-equired, upon any
information exhibited, to summon the party and also the witnesses on either
side, and examine into the matter of fact ; and upon due proof made thenK>f.
either by the volimtary confession of the party, or by oath of one or more
A.D. 1801-2.
42 George III. c. 116.
261
credible witness or witnesses, to give judgment for the penalty or forfeiture
aceording to the provisions of this Act, and to award and issue their warrant
onder their hands and seals for the levying any such penalty or forfeiture so
tdjndged on the goods of the party incurring the same, and to cause sale to
be Doade tiiereof in ease they shall not be redeemed within six days, rendering
to the party the overplus, if any ; and where the goods of such party cannot
be fennd sufficient to answer the penalty, to commit him or her to prison,
there to remain for six months, unless such penalty shall be sooner paid and
fAtisfied ; and if any person or persons shall find himself, herself, or themselves
aggrieved by the judgment of any such justices, then he, she, or they shall
and may (upon giving security to the amount of the value of such penalty
aod forfeiture, together with such costs as shall Be awarded in ease such
judgment shall be affirmed,) appeal to the justices of the peace at the next
general quarter sessions for the county, riding, or place, who are hereby em-
powered to summon and examine witnesses upon oath, and finally to hear
and determine the same ; and in case the judgment of such justices shall be
affirmed, it shall be lawftil for such justices of the peace at their general
qiiBrter sessions to award the person or persons to pay the costs occasioned by
saeh appeal, as to them shall seem meet : Provided always, that if the next
leaaal quarter sessions of the peace shall fall within six days after such con-
ncdfiQ it shall and may be lawful for the person so convicted, if he shall
tkankfit (giving such security as aforesaid), to appeal to the^next subsequent
ifoaitcf sessions.
CICL And be it further enacted, that if any person or persons shall be
iBffiifrjQed as a witness or witnesses to give evidence before such justices of
the peace touching any of the matters relative to the said recited Acts or this
Aet, either on the part of the person informing or the person or persons
ineorring soch penalty or forfeiture, and shall neglect or refuse to appear at
the time and place to be for that purpose appointed, without a reasonable
excuse for, such his, her, or their neglect or refusal, to be allowed of by such
Justiees of the peace, or appearing shall refuse to be examined on oath and give
evidence before such justices of the peace before w^bom the prosecution shall
be depending, that then every such person shall forfeit for every such offence
the sum of forty shillings, to be levied and paid in such manner and by such
means as are herein-before directed
CXCIL Provided also, and be it further enacted, that in default of pro-
secation within the time herein-before limited no such penalty or forfeiture,
other than to the party aggrieved, shaU be afterwards recoverable, except in
the Dame of his Majesty s attorney general in England and of his Majesty's
advocate in Scotland, by information in the Courts of Exchecjuer in Englaml
or Scotland respectively, in which case the whole of such penalty or forfeiture
jiall belong to his Majesty, hLs heirs and successors ; and that all [penalties
and forfeitures and shares of penalties and forfeitures incurred as aforesaid,
belonging to bis Majesty, his heirs or successors, shall be paid into the hands
of such person or persons as the commissioners for the affairs of taxes shall
appoint to receive the same, to th*.- use of his Majesty; and that in all cases
where the whole of such pecuniar}' penalties or forfeitun?s shall Ije recovered
to the use of his Majesty, his heirs or .sueces.v*rs, it shall lie lawful for the
Parties a^-
gne^eii may
appeal to the
next qaurter
sessions, who '
shall finally
determine the
matter, and
may award
C08t«i.
If the next
quarter seH •
sions Hhall be
iritllin six day*i
after codtIc-
tion, appeal
may be made
to the sabKe-
qaent ses.^ioDK.
WitnesKes
neglecting to
appear or re-
fusing to give
evidence before
such justices
shall forfeit
40«.
After six
roonthM penal*
ties (other than
to the |*arty ag-
grieved} «»hall
Im" recoverabi*;
only io th**
fiame of thi-
attonw-y g#f n^-
ral in Knglao<l
or the King's
advocat«? in
ScrHlandf au^l
shall btfflong
to bis Majesty.
All pcuahif^
b#4onging to
his Maje^ity
shall lie pai^l
as shall be di-
262
42 GfEORGE III. c. 116.
A.D. lSOl-2.
f.
1% .
if'
reeled by the
commissioners
for taxes ; and
where the
whole penalty
shall belong
to his ^fajesty,
the commis-
sioners may
reward the
informer.
Persons giving
false evidence
or swearing
falsely shall be
deemed guilty
of perjury.
said commissioners to cause such reward as they shall think fit, not exceeding
one moiety of such penalty or forfeiture so recovered, after deducting all
charges and expenses incurred in recovering the same, to be paid thereout
to or amongst any person or persons who shall appear to them entitled
thereto as infoiiners in respect of such penalties or forfeitures so recovered,
anything herein contained to the contrary notwithstanding.
CXCIII. And be it fiirther enacted, that if any person upon examination
upon oath or affirmation before any of the said commissioners acting in the
execution of this Act by virtue of his Majesty's warrant under the royal sign
manual, or in any affidavit, deposition, or affirmation before any mayor,
magistrate, or justice of the peace in Great Britain, or before any commis-
sioners or persons who are or shall be authorized to take affidavits in causes
depending in any courts at Westminster, in any manner relating to the exe-
cution of this Act, shall wilfully or corruptly give false evidence, or shall in
any such affidavit, deposition, or affirmation wilfully and corruptly swear or
affirm any matter or thing which shall be false or untrue, every such person so
ofiTending, and being thereof duly convicted, shall be and is hereby declared to be
subject and liable to such pains and penalties as by any laws now in beiffg
any persons convicted of wilful and corrupt perjury are subject and liable ta
t
I
I.
5'
I
t
1
V
V
Land tax com-
missioners,
beinff justices,
shall be com-
missioners for
hearing ap-
peals under
this Act.
Persons ag-
grieved as to
any proceed-
ings for re-
demption or
sale of land
tax (where
the considera-
tion for re-
demption, &c.
would not
exceed 500/.
stock) may
appeal to the
commissioners
of appeal
at the next
petty sessions,
whose order
shaU be final.
CXCVI. And be it further enacted, that the several persons who are or
shall be named or appointed commissioners of land tax, in or by any Act or
Acts now in force or hereafter to be passed, to carry into execution the said
Act of the thirty-eighth year of his present Majesty's reign for granting an
aid to his Majesty by a land tax before mentioned, or this Act, in any county,
riding, or place, such persons being also justices of the peace of and for the
same county, riding, or place, and not being persons appointed to be commis-
sioners for the purposes of this Act by his Majesty's warrant under the royal
sign manual as aforesaid, shall be commissioners for the purpose of hearing
appeals to be made by virtue of this Act for the division of the county or
riding or the district within which they usually act as commissioners of
land tax and justices of the peace as aforesaid.
CXCVII. And be it further enacted, that if any person or persons shall
think himself, herself, or themselves aggrieved by any determination of the
commissioners acting in the execution of this Act by virtue of his Majest/s
warrant under the royal sign manual, with relation to any right or benefit d
preference in or any right of redemption of any land tax to be sold by virtue
of this Act, or with relation to the sale or mortgage of any messuages, land*
tenements, or hereditaments, or the grant of any rentcharge thereout, for anf
of the purposes of this Act, with relation to the redemption or purchase of any
land tax for the redemption or purchase of which not more than five hundred
poimds capital stock in the three pounds per centum bank annuities would
be transferred in the whole if such land tax was redeemed or purchased, it
shall be lawful for such person or persons in every such case to appeal to the
commissioners appointed by this Act for the purpose of hearing appeals at
the next petty sessions held by them within and for the division or district
within which such land tax or any proportion thereof shall be chaiged ; and
the said commissioners, or any two or more of them, shaU and they are hereby
.1
1
i
iD. I80H
42 George UL c. 116.
268
authorized and required to hear and detennine all such appeals at any petty
BonioAs to be by them appointed from time to tipae, as there shall be occasion ;
and on due consideration of all the circumstances attending the case upon
which soeh appeal shall arise, and on examination upon oath or affirmation of
the parties interested in such appeal, and all other persons who shall be willing
to be examined touching any matters or things relating to the matter in dis-
pute as aforesaid, which oath or affirmation they or any two or more of such
eommiadoners are hereby authorized to administer, and on the production, upon
eath or affirmation as aforesaid, of any deeds, conveyances, or instruments, or
upon the production of any affidavits or depositions in writing upon oath or
affinnation to be made in manner herein directed as to such affidavits, deposi-
tions, or affirmations as may be produced to the said commissioners acting in
the execution of this Act as last aforesaid, it shall be lawful for such commis-
nmers of appeal, and they are hereby required, to determine such appeal, and
give such order therein as in their discretion shall seem expedient, which
order shall be final and conclusive upon all parties ; and if such commissioners
of appeal shall have any doubts touching any matters or things relating to
tiie determination of such appeal, it shall and may be lawful for such last-
mentioned commissioners to require the advice and assistance or the opinion
of aoj counsel learned in the law, being a barrister of five years standing at
the least, as to them shall seem most expedient ; and such commissioners shall
lad nay award the costs actually incurred in such appeal, and no more,
together with such expense as shall have arisen ;from the obtaining the advice,
iMuiee, or opinion of counsel, as the case may be, if any such expense shall
have been incurred, to be paid either by the party against whom such appeal
lAaffiave been determined, or by both the parties to such appeal, in such
f«Y)portions as to such commissioners shall seem just and reasonable ; and in
ease of refusal or nonpayment of any sums so ordered to be paid by the space
ijf twenty-one days next after such determination, such commissioners of
appeal, or any two of them, shall and may issue forth their warrant to levy
the same by distress and sale of the goods and chattels of the person or
persons ordered to pay such siun as aforesaid, rendering the overplus to the
owner or owners after the pa3nnent of the charge of such distress and sale :
Provided always, that where capital stock which would be requisite to be
transferred for the redemption or purchase of any land tax respectively, about
irfaieh any such dispute as aforesaid may arise, would in the whole exceed
five hundred pounds in such public annuities, the person or persons so thinking
himself, herself, or themselves aggrieved as aforesaid shall and may apply to
the Court of Chancery or Exchequer in England, or the Courts of Session or
Exchequer in Scotland, by petition to be preferred in a summary way ; which
ootirts respectively may thereupon grant such relief, and make such order
therein, as to the said courts respectively shall seem meet.
Commissioners
of appeal may
bave the ad-
vice of counsel,
and may a^rard
costs, &c.
Where the
cowiideration
wouH exceed
500/. stock,
appeal may
be made U»
the Court
of Chancery
or Exchequer
in England,
and Court of
Session or
Exchequer iu
Scotland.
CXCIX Am) be it further enacted, that it shall be lawful for his Majesty, His Maje<;ty
\is heirs and successors, at his or their pleasure, to revoke the several com- ^^^^^^^^^
missions already granted by virtue of the said first-recited Act or to be granted to any
granted by virtue of this Act to the several persons therein and herein de- fn^J^^d^"
scribed for the pmrpose of selling the land tax in the several counties, ridings, tax, and grant
264 42 Geoege III. p. 116, A.D. 1801-2.
stewartries, cities, boroughs, cinque ports; towns, or places in Great Britmn,
or any of such commissions, and by warrant imder his Majesty's royal tiif^
manual to grant any other commission or commissions in any other persona
whom bis Majesty shall think fit for the purpose of selling the land tax under
the provisions of this Act ; and the persons named in such new commissifui or
commissions (taking the oath herein prescribed) shall have and be invests!
with such and the same powers and autboritieK in relation to the redeinptiffli
and sale of the land tax in Great Britain, or .such part or parts oi Grent
Britain to which such new commission or commissions shall extend, as by
this Act are given to and vested in the .several jiersona already appointed or
to be appointed under the provisions of the said recited Actn or of this Act
in relation to the redemption or sale of the land tax in the several counties,
ridings, stewartries, cities, boroughs, cinque ports, towns, and places in or fur
which they are or shall be so appointed commissioners as aforesaid ; and all
such rules, methods, regulations, and- directions a* are herein pi-escribed in
relation to the redemption or sale of the land tax, and the powers for raisin^
money or other powei-s requisite or nece.s,sai-y to complete the same, under tin'
authority of the commissions already granted or to Ije gi-anted by his Majesfj'
by warrant under liis royal sign manual, according to the jirovisions of tbis
Act, shaJl be observed, practised, and put in execution in relation Ui an;
redemption or sale of the land tax, and to any of the aforesaid powers reijui-
site or necessary for completing the same, which shall be made or exeniised
under the authority of any such new commission or commissions as aforesaid.
in so far as such rules, methods, regulations, and directions are respectively
applicable thereto.
SCHEDULKS to which this Act refei-s.
Form of the Certificate or Receipt to ho Indor^
where the Consideration is transfci
1 on tlif Contraet, in Cases
^d in Stock.
Bulk of England.
Days wheu Stock was
Amouut of the Slock
tran^fL-rrol.
NunicofihcRwfflTff
or Acceptor.
1
ad inBtalment ■
4tli inttalment •
ftc.&«.
•]
A.D. 1801-2.
42 George III. a 116.
2G5
(F.)
Form of the Certificate or Receipt to be indorsed on the Contract, in Cases
where the Consideration is paid to the Receiver General in Monej*.
Daj of the actual
Fiajment of
die Consideration.
Price of 8/. per Cents.
at which
the Consideration is
calculated.
Amount of Money
Received.
Name of the Receiver.
fG.)
YoiM of Contract for Sale of Crown Lands belonging to the Duchy of
Lancaster.
Gborgb the Third, by the grace of God, of the United Kingdom of Great
fiHtain and Ireland king, defender of the faith, and so forth^ to all to whom
these presents shall come, greeting ; know ye, that We, in consideration of the
man of paid into the hands of our receiver-general of the revenues
6[ oar dachy of Lancaster, as appears by the receipt of the receiver-general
indorsed on these presents, by and with the advice and consent of our chan-
odlor and council of our said duchy, do by these presents grant, bai^ain, and
sell unto A.B.^ his heirs and assigns, all [describe the manors, &c. sold], to have
and to hold the said [manors, &a] hereby bargained and sold, and all benefits
and advantages thereto belonging, unto and to the use of the said A.B., his
heirs and assigns for ever; [in case there be any subsisting lease of the
manors &cl, words to the following eflTect are to be added : subject nevertheless
to the term and interest in the said manoi-s, &c. by virtue of a lease granted
under the seal of bearing date on or about unto
for a term of which will expire on or about
]•
In wifxiess whereof
266 42 Geokge III. c. 116. A.D. 1801-2.
>
(I.)
FoiUK of Cehtificates of Contracts to be made by the Surveyor General of
the Duchy of Cornwall.
By the Surveyor General of the Duchy of Cornwall.
These are to certify, that by virtue of a warrant from the council of his
royal Highness the Prince of Wales and Duke of Cornwall, the said surveyor
general hath contracted and agreed with A.B. for the sale to the said A.B. of
all [here describe the premises or the rent to be sold], at or for the price or
sum of of lawful money of Great Britain, to be paid by the said
A.B. into the Bank of England, and carried to the account of the duchy of
Cornwall ; [and in case of any subsisting lease, or any grant by copy of court
roll, then the following wdrds to be added : subject nevertheless to, here
describing when and to whom such lease or copy was granted, for what term
or lives, and when the term will expire, or which of the lives are in being;]
and from and immediately after the payment of the said sum in manner afore-
said, and the inrolment of this certificate and the receipt for the said purchase
money in the office of the auditor of the duchy of Cornwall and thenceforth for
ever, the said A.B. and his [her or their] heirs, successors, or assigns, shall be
adjudged, deemed, and taken to be in the actual seisin and possession of the
said premises [or rent, as the case may be] so by him [her or them] purchased;
[and where the purchase shall be other than for a rent, the following words to
be added : and shall hold and enjoy the same peaceably and quietly, and in as
full and ample manner to all intents and purposes as his royal Highness the
Prince of Wales, his heirs or successors, Dukes of Cornwall, might or could
have held or enjoyed the same, by force and virtue of an Act of Parliament
passed in the forty-second year of the reign of his Majesty King George the
Third, intituled ' An Act ' [inserting the title of this Act].
Given under the hand of the said surveyor general of the duchy of Corn-
wall, the day of ,
Witness to the signing by the said surveyor general.
[The witness to be one of the clerks or other officers in his office.]
(K)
FoBM of Cashier's Receipt.
Received the day of of and fix>m the above
[or within] named AB. the sum of of lawful money of Great
Britain, being the consideration money expressed in the above or [within]
written certificate.
Witness my hand.
For the governor and company of the Bank of England
£ Cashier.
1
A.D. 1801-2,
42 Georqe III. c. lift
267
(L.) Table showing the several Sums payable for the Redemption or Purchase
of Land Tax of the yearly Amounts denoted in the First Column, when
the Three Pounds per Cent. Bank Annuities are at any Prices between
60 and Par, as denoted in the Second and subsequent Columns.
littodTaxto
60
61
62
63
64
65
be redeemed
and under
and under
and nnder
and under
and under
and under
or purchased.
61.
62.
63.
64.
65.
66.
* -
0 0 5^
0 0 5J
0 0
H
0 0 5j
0 0 5J
0 0 6
i -
0 0 11
0 0 Hi
0 0
llj
0 0 llj
0 0 llj
0 1 0
* -
0 1 4i
0 1 4J
0 1
5
0 1 5i
0 1 5J
0 16
I}. 1
0 1 10
0 1 lOj
0 1
lOf
0 1 llj
0 1 llj
0 2 0
2
0 8 8^
0 3 9
0 3
9J
0 3 lOj
0 3 Hi
-0 4 0
S
0 5 6|
0 5 7J
0 5
H
0 5 10
0 5 11
0 6 0
4
0 7 4f
0 7 6J
0 7
n-
0 7 9J
0 7 lOj
0 8 0^
5
0 9 3
0 9 4J
0 9
6J
0 9 8J
0 9 \0i
0 10 Of
6
0 11 1
0 11 3J
0 11
5f
0 11 7J
0 11 10
0 12 Oj
7
0 12 11 J
0 13 2
0 13
4J
0 13 7^
0 13 9J
0 14 0^
8
0 14 9}
0 15 Oj
0 15
3.^
0 15 6.1
0 15 9i
0 16 0^
9
0 16 8
0 16 Hi
0 17
2i
0 17 5f
0 17 9J ,
0 18 04
lo - ;
0 18 6^
0 18 9j
0 19
l?i
0 19 5i
0 19 8f .
1 0 0^
11 - '
1 0 41
1 0 8J
1 1
oi
1 1 41
1 1 8i
1 2 Oi
S.l - i
; 1 2 2J
127'
1 2
in
1 3 3J
1 3 8i
1 4 Oj
2
; 2 4 51
2 5 2i
2 5
11
2 6 7J
2 7 4|
2 8 14
3
3 6 8^
3 7 9}
3 8
lOJ
3 9 llj
3 11 1
3 12 2^
4
4 8 11
4 10 4J
4 11
10
4 13 3J
4 14 91
4 16 3
5
5 11 Ij
5 12 llj
5 14
n
5 16 7-J
5 18 5J
6 0 3j
6
6 13 4^
6 15 6-J
6 17
H
6 19 11^
7 2 2
7 4 4^
4 —
7 15 7J
7 18 2
8 0
8J
8 3 3j
8 5 10^
8 8 5A
8 - i
8 17 10
9 0 9
9 3
H
9 6 7J
9 9 6J
9 12 6
9
10 0 Of
10 3 4i
10 6
7|.
10 9 UJ
10 13 3
10 16 6j
lO
11 2 3^
11 5 Hi
11 9
n
11 13 3^
11 16 11^
12 0 7i
11
12 4 6J
12 8 6^
12 12
7
12 16 7J
13 0 7f
13 4 8i
12
13 6 9
13 11 IJ
13 15
6i
13 19 11^
14 4 4
14 8 9
13
14 8 llf
14 13 8-J
14 18
6
15 3 3^
15 8 01
15 12 9J
14 - .
15 11 2J
15 16 4
16 1
5-^
16 6 7J
16 11 8-J
16 16 10^
15
16 13 5i
16 18 Hi
17 4
H
17 9 llj
17 15 5i
18 0 11^
16
17 15 8
18 1 6|
18 7
4J
18 13 3
18 19 1^
19 5 0
17
18 17 lOj
19 4 li
19 10
4i
19 16 7
20 2 9f
20 9 Ol
IS
20 0 li
20 6 8i
20 13
3J
20 19 11
21 6 6j
21 18 14
19
21 2 4^
21 9 3j
21 16
31
22 3 3
22 10 2^
22 17 2|
1 -
22 4 7
22 11 11
22 19
3
23 6 7
23 13 11
24 1 3
2 -
44 9 2
45 3 10
45 18
6
46 18 2
47 7 10
48 2 6
3 -
66 13 9
67 15 9
68 17
9
69 19 9
71 1 9
72 3 9
4 '
88 18 4
90 7 8
91 17
0
93 6 4
94 15 8
96 5 0
5 -
111 2 11
112 19 7
114 16
3
116 12 11
118 9 7
120 6 3
6 -
133 7 6
135 11 6
137 15
6
139 19 6
142 3 6.
144 7 6
7 " ""
155 12 1
158 3 5
160 14
9
163 6 1
165 17< 5
168 8 9
8 -
177 16 8
180 15 4
183 14
0
186 12 8
189 11 4
192 10 0
9 -
200 1 3
203 7 8
206 13
3
1 209 19 3
213 5 3
216 11 3
to -
222 5 10
225 19 2
229 12
6
233 5 10
236 19 2
i 240 12 6
•>tfk — —
1 444 11 8'
451 18 4
459 5
0
466 11 8
473 18 4
481 5 0
268
42 Oeoroe III. e. llfi.
A.D. 1801-2.
Schedule (L.)— continued.
r
Land Tax to
be redeemed ^
or purchased. .
1
1 m
' and under
67.
6/
and under
68.
•
68
and under
69.
69
and under
7o:
70
and under •
71. '
and under 1
.1
0 0
6
0 0
6i
0 0
«J
0 0
H
0 0
1
61 i
0 0 6^ 1
1
•J
0 1
Oi
0 1
oj
0 1
OJ
0 1
oi
0 1
1
0 14 1
1
'4
0 1
H
0 1
6^
0 1
6f
0 1
n
0 1
7>
* 2
0 1 :; 1
1>. 1
0 2
0^
0 2
Of
0 2
H
0 2
li
0 2
2
0 2 S^ 1
1
2
0 4
OJ
0 4
li
0 4
H
0 4
3
0 4
4J
0 4 4J 1
3
0 6
U
0 6
2i
0 6
31
0 6
4i
0 6
sa
0 6 6J ■
4
0 8
»J
0 8
H
0 8
4f
0 8
6i
0 8
n
0 8 9 1
5 - :
0 10
2i,
0 10
4
0 10
5?
0 10
7-J
0 10
H
0 10 11| 1
6 - ,
0 12
2i
0 12
^
0 12
7
0 12
H
0 12
11 J
0 13 \\ 1
t
0 14
3
0 14
b\
0 14
H
0 14
lOj
0 15
H
0 15 3; 1
8 - '
0 16
34
0 16
6J
0 16
H
0 17
0*
0 17
H
0 17 C 1
1
9
' 0 18
3J
0 18
7i
0 18
10|
0 19
IJ
0 19
5
0 19 8| 1
10 - 1
' 1 0
1
4i
1 0
8
1 0
iif
1 1
H
1 1
7
1 1 1(^ 1
11 - '
i
1
1 2
1
*i
1 2
8J
1 3
Of
1 3
4?
1 3
H
1
S. 1 - \
1 1 4
5*
1 4
9i
1 5
2
1 5
H
1 5
lOj
1 6 3i 1
2
2 8
101
. 2 9
m
i
2 10
4
2 11
OJ
2 11
9^
2 12 6{ 1
3 - 1
3 13
1
34
3 14
4J
3 15
H
3 16
**
3 17
84
3 18 9| 1
4
: 4 17
H
4 19
H
5 0
7J
5 2
H
5 3
7
5 5 0^ 1
.5
6 2
li
6 3
iij
6 5
9J
6 7
7J
6 9
5J
6 11 3J 1
6
1 ' C
7
7 8
9*
7 10
llf
7 13
2
7 15
*i
1
8 11
0
8 13
6J
8 16
H
8 18
H
9 1
Si
9 3 10 1
t
8
9 ir»
H
9 18
•*J
10 1
31
10 4
n
10 7
2
10 10 1{ 1
9
1
i 10 19
loi
11 8
2
11 6
5i
11 9
H
11 13
OJ
11 16 4j 1
10
. 12 4
3J
12 7
Hi
12 11
71-
12 15
H
12 18
ll.i
13 2 7^ 1
11 . 1
' 13 8
8J
13 12
9
13 16
9J
14 0
9»
14 4
m
14 8 1(^ 1
12
14 13
n
14 17
61
15 1
111
15 6
4i
15 10
9
15 15 If 1
13
15 17
7
16 2
4*
16 7
H
16 11
loi
16 16
7?
1
14
17 2
0
17 7
U
17 12
H
17 17
5
18 2
6i
18 7 8 1
15
1
18 6
5i
18 11
iH
18 17
H
19 2
11-J
19 8
5J
19 13 \\\ 1
16
1 19 10
10»
19 16
8J
20 2
n-
20 8
5i
20 14
4
21 0 21 1
17
20 ir,
H
21 1
6i
21 7
Si-
21 14
0
22 0
2J
22 6 51 1
18
21 19
8f
22 6
4
22 12
ll
22 19
6i
23 6
1^^
2
23 12 8^ 1
19
23 4
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23 11
n
23 18
1
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7
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11
25 3
3
25 10
1
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11
26 5 3 1
2 -
48 17
2
49 11
10
50 6
6
51 1
2
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10
52 10 6 1
3 -
73 5
9
74 7
9
75 9
9
76 11
9
77 13
9
78 15 9 I
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97 14
4
99 3
8
100 13
0
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4
103 11
8
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8
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4
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4
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3
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3
226 9
3
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3
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6
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10
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2
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1
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8
495 18
4
503 5
0
510 11
8
517 18
4
525 5 0 1
A.D. 1801-2.
42 George III. c. 116.
^69
Schedule (L.)— continued.
Lsiid Tax to
be redeemed
or purdiaaed.
72
and under
73.
73
and und
74.
er
74
and under
75.
75
and under
76.
76
and under
77.
77
and under
78.
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270
42 George III.
C. 116.
A.D. 1801-1
t
Schedule (L.) — continued.
lAndTaxto
be redeemed
or purchased.
78
and under
79.
79
and under
80.
80
and under
81.
81
aiid under
82.
82
and under
83.
83
and under
84.
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583 18 4
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613 5 0
jLD. 1801-2.
42 0EOBOE ni c. 116.
271
Schedule (L) — continued
1
Land Tax to
DC VTBGCCBBCCl
arpnrdused.
84
and under
85.
86
and under
86.
86
and under
87.
87
and nnder
88.
88
and nnder
89.
89
and under
90.
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8
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4
657 5 0
42 George III. c. 116.
Schedule (L.) — continued.
Land Tax to
be reiiucmed
orpnrcbased.
A.D. 1801-2.
42 George III. c. H«.
273
Schedule (L.) — continued.
land Tax to ^ 96
1
1
97
t
98
' 99
1
100
1
1
he redeemed
or pntchwed
and under
97.
and HI
98
ider
■
9
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and under
100.
1
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end ui
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7
Si
♦4
OF THE PORK-
GOING TABLE.
•
* - 1!
1
4
3 - ''
1 15 5j
3 10 10|
5 6 3^
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10 12 7
3
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H
Of
t
7J
S
Let it be proposed to
aaoertaiu from thi«
table what Kum of
money is to be paid for
redeemini^ or purehas-
inff a land tax of
17^. 16«. llKf. when tho
price of SI. per «*nt.
oank annnitfeii tram-
mitted to the reoeivert
general shall be 70 and
under 71.
1
12 8 0
12
10
6J
12 13 1}
12 15
8i
12 18
3*
In the column de-
nominated
8 - , 14 3 5j
14
6
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14 12
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14 15
2
70
and under
9 - 15 18 10^
16
2
S
16 5 5\
16 8
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16 12
oJ
71.
£10 0 0 —iBS 19 2
10 -1
17 14 35
17
17
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18 1 7J
18 5
3i
18 8
114
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0 16 0 ~ 20 14 4
11
19 9 8^
19
13
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0 0 11 — 1 s if
0 0 01— 0 1 7t
15
21 5 If
21
9
6^
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21 18
H
22 2
9
£17 16 Ui 482 4 8^
13
83 0 7
23
5
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23 10 4
23 14
loJ
23 19
Tl
14
15
84 16 0
26 11 b\
25
26
1
16
If
11*
25 6 3}
27 2 5|
25 11
27 7
5
111
25 16
27 13
6i
si
Amount of money to be
paid for the redemp-
tion* or purehaao In
1 £4A2 4 3i.
16
88 6 10^
28
12
8|
28 18 7}
29 4
H
29 10
4
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30
8
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31 1
0
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2-J:'
18 - ;
31 17 8}
32
4
4
32 10 11
32 17
6i
33 4
li.
19 - i
33 13 1}
34
0
li
34 7 1
34 14
OJ
35 1
oi .
ill . - i 35 8 7
35
15
11
36 3 3
36 10
m
1
36 17
1'
11
g - - . 70 17 2
71
11
10
72 6 6
73 1
2 1 73 15
10
3 - - |jl06 5 9
107
7
9
108 9 9
109 11
9
110 13
I
9
4 - - ji41 14 4
5 - - 177 2 11
143
3
8
144 13 0
146 2
4 147 11
8 !
178
19
7
180 16 3
182 12
11 184 9
7 ■!
•
6 . - |!212 11 6
214
15
6
216 19 6
219 3
6
221 7
6
1
7 - - j248 0 1
8 - - 1283 8 8
. 1
250
11
5
253 2 9
255 14
1
258 5
5
.
286
t
4
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292 4
8
295 3
4 .'
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9 . - '318 17 3
322
3
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328 15
3
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p
10 - - i'354 5 10
357
19
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361 12 6
365 5
10 368 19
2
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715
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723 5 0
730 11
1
8 737 18
4
(
1
-
- ._—
— —
-_ -
— -
- —
TOL IV,
S
42 George III. c. 119.
All games or
lotteries called
little goe» de-
clared public
PenODS lieep-
iog any office
or place for
an J game or
lottery not
authomed by
lav, &c., shall
forfeit SOOJ., ,
to be recovered
bj intormB-
tioD, and iball
be deemed
rogues and
vagabonds
within the
meaning of
IT Geo. a.c. 5.
offending,
against whom
no Bucb inibr-
mKtioD shall
have been
made, Bhalt be
punished as
rogues and
Tagabonds
Bccotdiug to
17 G. 2. c. S.
and ST G, 3.
Any justice,
on compUnt,
muy authorize
persona to
CHAPTER CXIX.
As Act to suppress certain Games and Lotteries not authotized by Lav.
[28th June 1802]
yju HEKE1A.S evil-disposed persons do frequently resort to public honsis
' ^ and other places to set up certain mischievous games or lotteries, called
little goes, and to induce servants, children, and unwary persons to play at
the said games, and thereby most fraudulently obtain great sums of money
from servants, children, and unwary persons, to the great impoverishment and
utter ruin of many families ; For remedy whereof, be it enacted by the King'a
most excellent Majesty, by and with the advice and consent of the lonk
spiritual and temporal, and commons, in this present Parliament assembled,
and by the authority of the same, that all such games or lotteries, called
little goes, shall, from and after the passing of this Act, be deemed and a^
hereby declared common and public nuisances, and against law.
II! And be it further enacted, that from and after the first day of Ju;v
one thousand eight hundred and two no person or persons whatsoever sLi,'
publicly or privately keep any office or place to esercise, keep open, shuir, i:
expose to be played, drawn, or thrown at or in, eitlier by dice, lots, cari
balls, or by numbers or figures, or by any other way, contrivance, or devicf
whatsoever, any game or lottery called a little goe, or any other lottery whatr
soever not authorized by Parliament, or shall knowingly suffer to be exercised,
kept open, shown, or exposed to be played, drawn, or thrown at or in, either
by dice, lots, cards, balls, or by numbers or figures, or by any other way.
contrivance, or device whatsoever, any such game or lottery, in his gr her
house, room, or place, upon pain of forfeiting for every such offence the sum
of five hundred pounds, to be recovered in the Court of Exchequer, at tJia
stiit of his Majesty's attorney general, and to be to the use of his Miyeaty, his
heirs and successors ; and every person so ofiending shall be deemed a rugue
and va^bond within the true intent and meaning of an Act passed in tbc
seventeenth year of the reign of his lato Majesty King George the Secund,
intituled " An Act to amend and make more effectual the laws relating tu
" rogues, vagabonds, and other idle and disorderly persons, and b.) bouses
" of correction," and shall be punishable as such rogue and vagabonJ
accordingly.
III. Provided always, and be it further enactod, that every peraoit offend-
ing against this Act in manner herein-before mentioned, against vliuiii D'
information shall have been made as aforesaid, shall be deemed a ro^iie an I
v^abond within the true intent and meaning of an Act passed in the seven
toenth year of the reign of his late Majesty King George the Second, intituled
" An Act to amend and make more effectual the laws relating to rogues.
" vagabonds, and other idle and disorderly persons, and to houses of correc-
" tion ;" and also of another Act passed in the twenty-seventh yeaa- of the
reign of his present Majesty, intituled " An Act to render more effectual ihe
" laws now in being for suppressing imlawful lotteries ;" and shall be punish-
able as such rogue and vagabond, according to the said Acts and this Act,
IV. And be it further enacted, that upon complaint or information made
upon oath before any ju^ice or justices of the peace of any offence coinmitted
against this Act in any house or place within the jurisdiction of any sueli
JLD. 1801-2.
42 Georqe III c 119.
275
JQstioe or justices^ whereby any of the offenders may be liable to pnnishment
as rogues and vagabonds, it shall and may be lawful to and for the said
jostioe or justices before whom such oath shall be taken, if he or they shall
judge it reasonable, by special warrant under his or their respective hands and
seals to authorize and empower any person or persons, by day or by night
(but if in the night-time, then in the presence of a constable or other lawful
officer of the peace, who are hereby required to be aiding or assisting therein),
to break open the doors or any part of such house or place where such offence
shall have been committed, and to enter into such house or place, and to seize
aud apprehend all such offenders and all other persons who shall be discovered
in such bouse or place, and who shall have knowingly aided or assisted or
heen anyv^ays concerned with any such offender or offenders in committing
8odi offence, and to convey them before any justice or justices of the peace of
the county, riding, division, city, liberty, or place wherein such persons shall
he 80 apprehended, to be dealt with according , to law: &s aforesaid ; and all
persons wl^o shall be discovered in such house or place knowingly aiding,
assisting, or anjrways concerned with such offender or offenders in the carrying
on any transactions respecting the said little goes or lotteries, or either of
tiKm, shall be deemed rogues and vagabonds, and punishable in like manner
ask directed by the said recited Act of the seventeenth year of the reign of
Iffiiate Majesty Sling George the Second ; and it shall and may be lawful for
ike officer or officers having the execution of such warrant, and all other
^ (ami acting in his or their aid or assistance, to stop, arrest, and detain all
aod ewj the person and persons so discovered in such house or place, and to
AuiFir/the said person and persons before such justice or justices of the peace
« aforesaid ; and if any person or persons shall forcibly obstruct, oppose,
mokst, or hinder any such officer or officers, or others acting in his or their
aid or assistance, in the due execution of their duty, or in the due entering
into such house or place, or in the seizing, detaining, or conveying before such
justice or justices any such offenders or other persons as aforesaid, every such
person so obstructing, opposing, molesting, or hindering as aforesaid shall be
deemed an offender against law and the public peace, and the court before
whom any such offender shall be tried and convicted shall and may order
such offender to be fined, imprisoned, and publicly whipped, as in their dis-
cretion shall be thought fit ; and all persons, although not discovered in such
bouse or place as aforesaid, who shall employ or cause to be employed any
person or persons in caiTying on any of the transactions aforesaid, or in aiding
or assisting any such person or persons, shall be deemed rogues and vagabonds,
and shall be punishable in like manner' as is directed by an Act passed in the
tweaaty-fleventh year of the reign of hia present Majesty.
V. And be it further enacted, that from and after the passing of this Act
no person or persons whatever shall, on or under any pretence, device, form,
denomination, or description whatsoever, promise or agree to pay any siun or
gums^ or to deliver any goods, or to do or forbear doing anything for the
benefit of any person or persons, whether with or without consideration, on
any event or Contingency relative or applicable to the drawing of any ticket
or tickets, lot or lots, numbers or figures, in any such game or lottery, or to
publish any proposal for any of the purposes aforesaid ; and if any person or
S 2
break open the
doors, &c. of
places where
such offences
shall have
been com-
mitted, and to
apprehend
offenders and
others assisting
them, and cany
them before a
justice.
Persons assist-
ing offenders
shall be deemed
rogues and
^'^giibonds.
Penalty for
obstructing
persons in the
execution of
their duty.
Persons em-
ploying otherst
though not
discovered in
the premises,
shall be deemed
rogues and
vagabonds.
Persons agree-
ing to pay any
sum, or to de-
liver any goods,
&c. on any
eTent relative
to such game
or lottery, or •
publishing any
proposal so
to do, shaU
forfeit 100/.
276
42 George III. c. 119.
A.D. 180H
Offenders may
be apprehended
on the spot by
any person, and
carried before
a justice; who
shall, on con-
Tiction and
default of
payment of
the penalty,
commit the
offender.
The proTisions
of 27 G.3.C. 1.
shall extend to
this Act and
to c. 54. of
this session.
General issue.
Treble costs.
persons shall offend in any of the matters aforesaid, he, she, or they shall for
every offence forfeit' and pay the sum of one hundred pounds.
VI. And be it further enacted, that it shall and may be lawful for anv
person whatever to apprehend on the spot any person or persons so offending,
and to convey or cause to be conveyed before any magistrate or justice of tb
peace residing near the place where such offence shall be committed the penoa
or persons so apprehended, to be proceeded against under this Act ; and vhei
any person ol* persons shall be apprehended or brought before any ma^strate or
justice aforesaid for any such offence, it shall be lawful for such magistrate or
justice to proceed to examine into the circumstances of the case, and upon doe
proof upon oath or solemn affirmation of any such offence committed against tliii
Act to give judgment or sentence accordingly ; and where the party accused
shall be convicted of such offence, and such penalty shall not be immediatelj
paid, to commit such offender to prison for any space of time not exceeding six
calendar months, nor less than one calendar month, without bail or mainpria^
and without appeal, of until such penalty shall be satisfied ; »
YII. And be it further enacted, that from after the passing of this Act it
pains, forfeitures, fines, and penalties, and all provisions, powers, authoriii^
rules, regulations, restrictions, exemptions, and exceptions, clauses,
and things contained in an Act passed in the twenty-seventh year of the
of his present Majesty, intituled " An Act to render more effectual the laws
" in being for suppressing unlawful lotteries,*' J*J shaJl extend and be d
construed, and taken to extend, and shall apply and be in full force and put
execution in all cases and for all purposes as to all the provisions of this
and of another Act passed in this session of Parliament, intituled '' An Act
'' granting to his Majesty a certain sum of money to be raised by lotteries,'
all cases whei*e no special or different provision is made by this or the
last-recited Act, in as full and ample a manner to all intents and pu
as if the said Act, and all pains, forfeitures, fines, and penalties, provisi
powers, authorities, rules, regulations, restrictions, exemptions, excepti
clauses, matters, and things contained and enacted therein, were particu
and expressly repeated and re-enacted in the body of this present Act,
had been repeated and enacted in the body of the said recited Act of
session of Parliament
VIII. And be it further enacted, that if any sheriflTs officer or other pe
or persons shall be sued, molested, or prosecuted for anything done by vin
or in pursuance of this Act, such sheriffs officer or other person or pei
shall and may plead the general issue, and give this Act and the special m
in evidence in his, her, or their defence or defences ; and if afterwards a vei
shall pass for the defendant or defendants, or the plaintiff or plaintiffs shall discon
his, her, or their action or prosecution, or be non-suited, or judgment shall be
against him, her, or them, upon demurrer or otherwise, then such defendant or d
dants shall have treble costs awarded to him, her, or them against any such pi
or plaintiffs. {Rep., 5 & 6 Yict, c. 97. s. 2.}
{* The incorporated sections of this Act will be found in the Appendix.]
A.D. 1802^3.
4a George III. clO, 46.
277
43 GEORGE III. A.D, 1802^.
STATUTES MADE AT THB PARLIAMENT
Begitc and holden at Westminster, the Sixteenth Day of November,
A.D. 1802,
In the FORTY-THIRD Year of the Reign of
King GEORGE the Third,
Beixg the First Session of the Second Parliament of the United
Kingdom of Great Britain and Ireland.
CHAPTER X.
Ak Act to amend so much of an Act made in the Forty-second Year of the
Beign of His present Majesty, intituled ** An Act for amending the Laws
'* relating to the Militia in England, and for augmenting the Militia," as
relates to the Exemption of licensed Teachers of any separate Congrega-
tion from serving in the Militia. [29th December 1802.]
VTk7 HERELAS an Act passed in the forty-second year of the reign of his
^ ^ present Majesty, intituled " An Act for amending the laws relating to
^ * tltenufitia in England, and for augmenting the militia " : And whereas doubts
idsen as to the exemption imder the said Act of licensed teachers of
congregations from serving in the militia : And whereas it is expe-
Htbat such doubts should be removed : Be it therefore enacted by the King's
excellent Majesty, by and with the ad^^cc and consent of the lords
itoal and temporal, and commons, in this present Parliament assembled,
by the authority of the same, that no licensed teacher of any separate
bion, who shall have been licensed twelve months at the least previous
the yearly general meeting appointed by the said recited Act to be held in
►ber, shall be liable to serve personally, or provide a substitute to serve in
said militia ; anything in the said Act contained to the contrary notwith-
iding.
Recital of
42 Geo. 3.
c. 90.
No teacher of
any 8eparatc
coDgre^tion
license<l 12
months pre-
Tiou8 to the
yearly meeting
appointed by
recited Act
shall be liable
to serve, or to
provide a 8ab-
Btitutc to serve
in the militia.
CHAPTER XLVI.
Act for the more efiectual Prevention of frivolous and vexatious Arrests
and Saits ; and to authorize the levying of Poundage upon Executions in
certain Cases. [27th May 1803.]
'OR the more effectual prevention of frivolous and vexatious aiTests, and
for the relief of pei^sons imprisoned on mesne process ;
fIL*l Airo whereas it does and may happen that pei'sons airested upon mesne
may not he able to find sufficient sureties for their appearajtice at the
of the writ, and yet may be able to make a deposit of the money for
lich they are so arrested, together with a competent suui for costs : And
it is expedient that persons arrested should upon making such deposit
permitted to go at large until the return of the writ without finding bail
Section is rep., so far as it I'elates to England, 32 & 33 Vict. c. 83. s. 20.}
i:'
ik.';
276
42 George III. c. 119.
A.D. 1801-t
*
>
Offenders may
be apprehended
r 1
on the spot by
any person, and
\
carried before
I
a justice; who
1
shall, on con-
viction and
y
' default of
t
payment of
the penalty,
■ 1- *
commit the
•
offender.
The provisions
of 27 G.8.C. 1.
shall extend to
this Act and
to c. 54. of
this session.
General issue.
Treble costs.
persons shall offend in any of the matters aforesaid, he, she, or they shaU for
every offence forfeit' and pay the sum of one hundred pounds.
VI. And be it further enacted, that it shall and may be lawful for any
person whatever to apprehend on the spot any person or persons so offending,
and to convey or cause to be conveyed before any magistrate or justice of the
peace residing near the place where such offence shall be committed the person
or persons so appi*ehended, to be proceeded against under this Act ; and when
any person ot* persons shall be apprehended or brought before any magistrate or
justice aforesaid for any such offence, it shall be lawful for such magistrate or
justice to proceed to examine into the circumstances of the case, and upon due
proof upon oath or solemn affirmation of any such offence conmiitted against this
Act to give judgment or sentence accordingly ; and where the party accused
shall be convicted of such offence, and such penalty shall not be immediately
paid, to commit such offender to prison for any space of time not exceeding six
calendar months, nor less than one calendar month, without bail or mainprise,
and without appeal, or until such penalty shall be satisfied ;
VII. And be it further enacted, that from after the passing of this Act all
pains, forfeitures, fines, and penalties, and all provisions, powers, authorities,
rules, regulations, restrictions, exemptions, and exceptions, clauses, matien,
and things contained in an Act passed in the twenty-seventh year of the rdga
of his present Majesty, intituled '' An Act to render more effectual the laws now
*' in being for suppressing unlawful lotteries," pj shall extend and be deemed,
construed, and taken to extend, and shall apply and be in full force and put in
execution in all cases and for all purposes as to all the provisions of this Ad,
and of another Act passed in this session of Parliament, intituled '' An Act for
" granting to his Majesty a certain sum of money to be raised by lotteries,'' in
all cases where no special or different provision is made by this or the said
last-recited Act, in as full and ample a manner to all intents and purposes
as if the said Act, and all pains, forfeitures, fines, and penalties, provisions,
powers, authorities, rules, regulations, restrictions, exemptions, exception^
clauses, matters, and things contained and enacted therein, were particularly
and expressly repeated and re-enacted in the body of this present Act, and
had been repeated and enacted in the body of the said recited Act of this
session of Parliament
VIII. And be it further enacted, that if any sheriff''s officer or other person
or persons shall be sued, molested, or prosecuted for anything done by virtue
or in pursuance of this Act, such sheriff's officer or other person or persons
shall and may plead the general issue, and give this Act and the special matter
in evidence in his, her, or their defence or defences ; and if afterwards a verdict
shall pass for the defendant or defendants, or the plaintiff or plaintiffs shall discontinue
his, her, or their action or prosecution, or be non-suited, or judgment shall be given
against him, her, or them, upon demurrer or otherwise, then such defendant or defen-
dants shall have treble costs awarded to him, her, or them against any such plaintiff
or plaintiffs. {Rep., 5 & 6 Vict, c. 97. s. 2.}
{* The incorporated sections of this Act will be found in the Appendix.]
mm
tm
k
A.D. 1802-3.
4a George III. clO, 46.
277
43 GEORGE III. A.D, 1802-3.
STATUTES MADE AT THE PARLIAMENT
BeOItn AUD HOLDEN AT WESTMINSTER, THE SIXTEENTH DaY OF NOVEMBER,
A.D. 1802,
In the FORTY-THIRD Year of the Reign of
King GEORGE the Third,
Being the First Session of the Second Parliament of the United
Kingdom of Great Britain and Ireland.
CHAPTER X.
An Act to amend so much of an Act made in the Foi*ty-second Year of the
Reign of His present Majesty, intituled " An Act for amending the Laws
" relating to the Militia in England, and for augmenting the Militia," as
relates to the Exemption of licensed Teachera of any separate Congrega-
iian from .serving in the Militia. [29th December 1802.]
TfTHEREAS an Act passed in the forty-second year of the reign of his
' present Majesty, intituled " An Acfc for amending the laws relating to
** liittHuUtia in England, and for augmenting the militia '* : And whereas doubts
lure imen as to the exemption under the said Act of licensed teachers of
«ptnk congregations from serving in the militia : And whereas it is expe-
dieatih$i such doubts should be removed : Be it therefore enacted by the King's
aod excellent Majesty, by and with the advice and consent of the lords
flptrftoal and temporal, and commons, in this present Parliament assembled,
mod by the authority of the same, that no licensed teacher of any separate
ODOgregation, who shall have been licensed twelve months at the least previous
to the yearly geneiul meeting appointed by the said recited Act to be held in
October, shall be liable to serve personally, or provide a substitute to serve in
the said militia ; anything in the said Act contained to the contrary notwith-
standing.
Recital of
42 Geo. 3.
c. 90.
No teachiT of
any neparate
ooDgregation
license<l 12
months pre-
TiouH to the
yearlj meeting
appointed by
recited Act
shall be liable
to serve, or to
provide a sab-
Btitutc to servo
in the militia.
CHAPTER XLVI.
An Act for the more effectual Prevention of frivolous and vexatious Arrests
and Suits ; and to authorize the levying of Poundage upon Executions in
certain Cases. [27th May 1803.]
TT'OR the more effectual prevention of frivolous and vexatious arrests, and
-*- for the relief of persons imprisoned on mesne process ;
|IL*I And whereas it does and may happen that pei-sons airested upon mesne
process may not he able to find sufficient sureties for their appearaoicc at the
retnm of the writ, and yet may be able to make a deposit of the money for
which they are so aiTested, together with a competent sum for costs : And
whereas it is expedient that persons arrested should upon making such deposit
be permitted to go at large until the return of the writ without finding bail
[« This Section is rep., so far as it I'elates to England, 32 & 33 Vict, c. 83. s. 20. J
It'"
n
9
B
278
43 George III. c. 46.
A.D. 1802-3.
'i.
t
V
f.
Persons
arrested on
mesne process,
instead of
giving bail,
may deposit
with the sheriff,
&c. the sum
indorsed on
the -writ, with
10/. to answer
costs, &c., and
shall be there-
upon dis-
charged.
The deposit
fc-
shall be paid
F •
into court; and
iV ■
if the defendant
F.
put in bail,
r .
shall on motion
be ordered to
w., «
be repaid to
r
him ; but, if
t :
bail be not
tr
put in, it shall
^
on motion be
>
ordered to be
paid over to
f'-
the plaintiff.
■ •
who may enter
t
appearance
or file bail
for the defen-
w
dant.
ft'
r
I.
i.'
/
t
In actions on
i
judgments re-
covered, plain-
•
tiffs not entitled
K
to costs, unless
J
otherwise or-
dered.
to the sheriff for their appearance at the return thereof: Be it therefore enacted
by the authority aforesaid, that all persons who shall, from and after the first
day of June in the year of our Lord one thousand eight hundred and three, be
aiTested upon mesne process within those parts of the United Kingdom of
Great Britain and Ireland called England and Ireland, shall be allowed, in lieu
of giving bail to the sheriff, to deposit in the hands of the sheriff, by delivering
to him or to his under-sheriff or other officer, to be by him appoints for that
purpose, the sum indorsed upon the writ by virtue of the affidavit for holding
to bail in that action, together with ten pounds, in addition to such sum, to
answer the costs which may accrue or be incurred in such action up to and at
the time of the return of the writ, and also such further sum of money, if any,
as shall have been paid for the King's fine upon any original writ, and shall
thereupon be discharged from such arrest as to the action in which he, she, or
they shall so deposit the sum indorsed on the writ ; and that the sheriff shall
in every such case, at or before the return of the said writ, pay into the court
in which such writ shall be returnable the sum of money so deposited with
him as aforesaid ; and thereupon, in case the defendant or defendants shall
afberwai*ds duly put in and perfect bail in such action according to the couise
and practice of such coui-t, the sum of money so deposited and paid into coort
as aforesaid shall, by order of the court upon motion to be made for that pa-
pose, be repaid to such defendant or defendants ; but in case the defendant «
defendants shall not duly put in and perfect bail in such action, then and in
such case the said sum of money so deposited and paid into court as aforesaid
shall, by order of the court upon a like motion to be made for that purpose,
be paid over to the plaintiff or plaintiffs in such action, who shall be there-
upon authorized to enter a common appearance or file conmion bail for sudi
defendant or defendants, if the said plaintiff or plaintiffs shall so think fit;
such payment to the plaintiff or plaintiffs to be made subject to such deduc-
tions, if any, from the sum of ten pounds deposited and paid to answer the
costs as aforesaid, as upon the taxation of the plaintiff's costs, as well of the
suit as of his application to the court in that behalf, may be found reasonable.
* « * *.* * * * •
IV. And be it further enacted, by the authority aforesaid, that in all actiooa
which shall be brought in England or Ireland, from and after the said first
day of June in the said year of our Lord one thousand eight hundred and
three, upon any judgment recovered or which shall be recovered in any court
in England or Ireland, the plaintiff or plaintiffs in such action on the judgment
shall not recover or be entitled to any costs of suit, unless the court in whid
such action on the judgment shall be brought, or some judge of the same cotai
shall otherwise order.
Any defeudant
in custody on
mesne process
may, in vaca-
tion, justify
bail before one
of the judges,
&c. Tyho may
discharge him
out of custody
IVI.*} And be it further enacted, that from and after the said first day of
Jime one thousand eight hundred and three, if any defendant shall be taken,
detained, or charged in custody at the suit of any person or persons upon
mesne process issuing out of any of his Majesty's courts of record at West-
minster or Dublin, and shall be imprisoned or detained thereon after Uie return
of such process, it shall and moiy be lawful for such defendant in vacation
I* This Section is rep., so far as it relates to England, 32 & 33 Vict. c. 83. 8. 20.}
LD, 1802-3.
43 George III. c. 46, 47.
279
tiffle only, and upon due notice thereof given to the attorney for the plaintiff by writ of
or plaintift in such process, to put in and justify bail before any one of the ^P*'*^®**''
justices or barons of the court out of which such process shall have issued,
vho may, if he shall think fit, thereupon order a rule to issue for the allow-
ance of such bail, and may further order such defendant to be discharged out
of custody by writ of supersedeas, or otherwise, according to the practice of
sad oonrty in like manner as the same is and may be done by an order of
eooit in tenn time.
CHAPTER XLVII.
ka Act for consolidating and amending the several Laws for providing Relief
for the Families of Militia Men of England, when called out into actual
Service. H ^ [27th May 1803.]
llfUEREAS it is expedient that many of the provisions contained in the
'^ several Acts relating to the relief directed to be given to the non-com-
masiofned officers, drummers, fifers, and privates serving in the militia for
fifland, should be repealed, and others of them continued and amended, and
dtttnew provisions should be made ; and it would greatly tend to the better
a«CTtion thereof if the whole of the said provisions were comprised in one
Aeicf Parliament:
IL Aid be it further enacted, that if any person serving or enrolled in the
inilitia of England as a non-commissioned officer or drummer, or as a ballotted
■o or substitute, hired man, or volunteer respectively, shall, when embodied
tt(/ealled out into actual service, leave a family unable to support themselves,
fte overseer or overseers of the poor of the parish, tything, or township where
tkbxDjly of such person shall dwell shall, by order of some one justice of the
P»ce, pay to the family of every such non-commissioned officer, drummer,
Wbtted man, substitute, hired man, or volunteer respectively, out of the rates
fa" the relief of the poor of such parish, tything, or township, a weekly aJlow-
ttoe aooording to the usual and ordinary price of labour in husbandry within
tke said county, riding, division, district, or place where such family shall
dwell, by the foDowing rule ; that is to say, any sum not exceeding th^ price
rf one day's such labour, nor less than one shilling, for each and every child
Iwm in wedlock, and under the age of ten years ; and for the wife of such
Bon-commissioned officer, drummer, ballotted man, substitute, hired man, or
^hmteer, whether he shall or shall not have any child or children, any sum
not exceeding the price of one day's such labour, nor less than one shilling -
I* So much of this Act as directs overseers of the poor, by order of some one justice
of the peace, to pay to the family of any person serving or enrolled as a ballotted man,
^betitnte, hired man, or volunteer in the militia of England, a weekly allowance, or as
*&thorizes an J justice or justices to order such allowance to be paid under the rules
ttd conditions herein provided, or as in any way discharges such ballotted man, sub*
•rote, hired man, or volunteer from the liability to maintain or repay the costs of
'■uitenance of his family or any part thereof, or as prevents such families or any part
uereof from being removable to their place of legal settlement, or sent to any work-
*>^ by reason of their receiving any allowance or being chargeable, rep., 4h§ Will. 4,
«• 76. 8. 60.J
The families of
non-commis-
sioned officers,
droinmen, or
private militia
men in Eng-
land embodied,
and called out
into actual ser-
Tice, and an-
able to support
their families,
shall receive
a weekl J
allowance out
of the poor
rates.
43 George III. c. 47.
A,D. 1802-3.
The juiticeK at
any HidiacU
No altowuncu
hIuiII bv madv
family of UDf
perROD till he
Khali luTe
Joiaetl hiH
COrpR, DOT
Inneer than he
actual Kcirice,
case in which
the wife ohall
follow the corps
chiMreD or de-
part from her
home, anlem
Udder certifi'
cale for obtain-
JDg worii, &c
And in every pariisli, tything, or townxhip where the money arisuig by such
rates shall not be sufficient for the pur]Ki0e aforesaid a Dew rate or rates tdiall
be made for raising a Buni sufficient for that purpose.
IIL And be it fiirther enacted, that it shall be lawful for the jostice^ iif
the ]>eacc, anscmbled at any Michaelmas ^neral quarter sessions of the potc
held for any county, riding, division, or place in England raiding imy militia.
to settle, ascei-tain, and regulate the rate of allowance to be paid under Uiis
Act to the families of militia men resident wiUiin such county, riding, divinoti.
or place ; and every such rate of allowance so settled, ascertained, and re-
gulated as aforesaid shall be binding upon all justices of the peace inahirj^'
any order for the payment of allowance under this Act in sach county, riding,
division, or place, until any other or new rate of allowance shall be settled k-
aforesaid.
IV. Protijied always, and be it further enacted, that no allowance shftll iv
ordered or paid imder this Act to the wife or family of any perwn serving m
the militia, until such person shall have joined the regiment, battalion, or cor|>^
to which he belongs, or for any longer period than such person shall conttnui
to serve and remain embodied in actual service, nor in any case in which tlh'
wife, in respect of or by whom any such relief is demanded, shall follow &■
regiment, battalion, or corps in which her husband shall serve, or shall Ictvn
her child or children, if any, or depart fi-om her home, unless under eertifiwe
of any neighbouring justice of the peace, or the overseer or overseers of tit
parish in which such relief shall be given, authorizing such departure for a
time specified thei-ein for the purposes of harvest, or obtaining by woric a belt r
support for her family, or unless for the purpose of going to reside and residing-
in the parish, tything, or place, for which her husband shall serve, in case at
the time of her husband being calledout into actual service she shall berutuditu;
in any other parish, tything, or place.
No allowaiice
to the ftmily
nfflccr or
ilrannier n>
■luced to the
Ttatin for
niiituouduut.
Kui-h fimily
to be relieveil
an caHual poor
Kamiliea iball
families re-
lirf is paid, bo
deprived of
their kgal
Kttlomeiiti or
VT. Provided also, and be it furthe>' enacted, that no allowance under thi^
Act shall be paid to the family of any non-commissioned officer or dnmuuer
reduced for misconduct to the condition of a private man, such reduction
being certified by the commanding ofKcer or adjutant to the clerk of the
general meetings, and by him to the treasurer of the county, riding, or plncu
in the miUtia of which such non-commissioned ofHcer or drummer shall sen--'
and by such treasurer to the overseers of the i>oor of the parish, tything, or
township in which such family shall dwell ; and every such allowance bHsII
cease and detennine from the time of such reduction being so certified to tlie
overseers aa aforesaid, and l>e no longer payable, notwithstanding any order cf
any justice to tlie contrary ; and every sucli family requiring relief shall froiu
and after that time be relieved as casual poor only.
• *••••••*
VIII. Pbovided always, and be it further enacted, that the famiUes of non-
{^mmissioued officera, dnunmers, or ballotted men, or of substitutes, hired men,
or volunteers shnll not be i-emoveablc or ncnt to any workhouse or iworliouse
by I'eason of i-eceiviug any such allowances ; nor ahall any persons to whtCL'
families any such allowances shall be paid be thereby deprived of their legal
settlements elsewhere, or of their right of voting for the election of memben
to serve in Parliament.
A.D. 1802-3.
4S Geor6e III. c. 47.
281
IX. And be it further enacted, that every such weekly allowance to be paid
under this Act t^ the family of any non-commissioned officer or drummer
sball be repaid to the overseer or overseers of the poor of the parish, tything,
or township in which such family wjis relieved by the treasurer of the county,
Tiding, or place, in which such parish, tything, or township is situated, oyt of
the publick stock thereof; and every weekly allowance which shall be so jjaid
to the family of any non-commissioned officer or dniramer in any other county,
riding, or place, than that for which such non-commissioned officer or di-ummer
diall serve, or to the family of any private man in any other parish, tything, or
township, than the one for which such private militia man shall serve, {Rep., Stat.
Law Kev. Act, 1872. J shall respectively be reimbursed in the manner herein-
after mentioned.
I. Provided always, and be it further enacted, that in all cases where a
certain number of private militia men are directed to be raised for any county,
tcgether with or including any city, borough, town, or place in England, being
aooaniy or district of itself not contributing to the general county rate, the
«venil sums of money raised for the relief of the families of non-commissioned
oficers and drummeiti respectively shall be divided and apportioned between
and borne by such county and such city, borough, town, or place, being a
coaatyor district of itself, or not contributing to the general county I'ate, in
SQch proportions as the respective uumbei's of militia men apportioned to be
ni«d in and by such county, and by such city, borough, town, and place
K^Kcfively bear to each other.
II. And be it further enacted, that the treasurers of any such county, city,
horoo^ town, and place respectively are hereby authoiized and required to
demoi, receive, and make payment of such proportions and sums of money,
the one to the other of them, as the case may require.
XIL And be it further enacted, that if any dispute or disagreement shall
arise as to the proportion so to be paid as aforesaid, or iiny other matter or
tiling relating thereto or to such payments, the lord lieutenant of the said
county at large, and in his absence the deputy lieutenants or any three or
more of them, at any meeting called or to be called, may and shall and he
and they is and are hereby em}>owered and required to adjust and settle the
suue, whose decision therein shall be final ; and the said lord lieutenant, and
deputy lieutenants or any three or more of them, is and are respectively
hereby authorized and empowered to call for, require, and inspect the account
and accounts of every such treasurer for the purpose of adjusting and settling
their said proportion.
XIIL Ajnd be it further enacted, that in all cities, towns, liberties, divisions,
and places which do not contribute to the general county rates, and where
no treasurer is yet appointed, the justices of the i>eace for every such city,
town, liberty, division, and place, in case there are any, and if not, then the
justices of the county wherein such city, town, liberty, division, and place
shall be, shall and may and they are hereby reijuired at tlieir general quarter
sessions to appoint a treasurer, and from time to time to assess upon every
parish, tything, township, hamlet, and vill, within the liberties of such cities,
towns, liberties, divisions, and phices, in such proportions as the rates hereto-
fore made for the relief of the poor have usually been assessed, tmd shall
cause to be paid out of the money collected and levied for the relief of the
Repayment to
the overseers
of the poor of
allowances to
non-conunis-
sioned officen>,
&c.
Keimborsc-
meut of allow-
ances paid in
counties for
which sach
other officers,
&c. do not
serve.
Where coun-
ties and places
not contri-
buting to the
county rate»
raise militia
men tqgether,
relief to &mi-
lies of non-
commissioned
officers, &c.
shall Ik) appor-
tioned between
them accord-
ing to the num-
ber of men
raised for
each.
Trea-surers to
demand and
pay such pro-
portions to one
another.
Diiiputcs ab to
proportions to
be settled by
the lieutenant
of the county
or three deputy
lieutenants.
Li places not
contributing
to the county
rate, where
no treasurer
is appointed,
the justices in
quarter sessions
sludl appoint
one, and make
assessments,
&c.
.V
282 43 Oeorge hi. c. 47. A.D. 1802-3.
poor of every such parish, ty thing, township, hamlet, and vill, into the hands
of such treasurer, such sum and sums of money as are, shall, and may he in
their discretion necessary for the purposes of this Act ; and such treasorer
shall pay and dispose of the same accordingly, and shall be and act in all
respects, in respect to the provisions of this Act, the same as the treasurer or
treasurers of peculiar districts where a publick stock is now raised
Reimbursement XIY. And be it further enacted, that in every case in which any allowance ander
by the over- this Act shall be paid to the family of any private militia man in any other parish,
seers of the tything, or township than that for which such private militia man shall Berve, it
which a^private ^^^^ ^^ lawful for the justice of the peace who shall make any order for the relief of
man shall serve such family to certify the same under his hand, and in such certificate to direct the
of allowances overseers of the parish, tithing, or townsliip for which such private militia man shall
made to his serve to reimburse the money so paid to the overseer or overseers who shall hare
^e "^'"h^ advanced the same in pursuance of the order before mentioned. {Bep., Stat. Law Be?.
&c. "^ ^"" ' Act» 1872. J
Where such XV. PROVIDED always, and be it further enacted, that where, by reason of the
reimbursement distance of any parish, tything, or township, in which any allowance under this Act
cannot be con- shall be so paid to the family of any private militia man serving for any other pariah,
^^"'dfro ^^^ ^y*hing, or township, from such other parish, tything, or township, where the same
such overseers ®hall be situate in any other county, riding, division, or place, the overseer or ovw-
repayment may seers of the poor entitled to the repayment of such allowances under any such order
be demanded and certificate as aforesaid, cannot conveniently procure the repayment thereof bm
fix)m the u«a- the ovei-seers of the poor of the parish, tything, or township for which such private
countv & militia man shall have served or be sei'ving, it shall be lawful for such overseer or
in wMch the overseers to demand repayment of such allowances from the treasurer of the countj,
allowances riding, or division in which the parish, tythiug, or township where such aUowances
were paid. shall have been paid shall be situate ; and every such treasurer shall, upon production
of such order and certificate as aforesaid, forthwith reimburse such allowances to the
overseer or overseers demanding the same. {Rep., Stat. Law Rev. Act, 1872.}
Treasurers re- XVI. PROvroED also, and be it further enacted, that every such treasurer
owen^t^foT *^ aforesaid, who shall reimburse to any such overseer or overseers as aforesaid
allowances to any sum or sums of money in pursuance of this Act, on account of any such
weekly allowance paid to the family of any non-commissioned oflicer or
non-commis-
Moned officers, dinimmer, or any private militia man {Rep., Stat. Law Rev. Act, 1872.J serving in
other counties the militia of any other county, riding, or division, shall deliver or transmit
shall transmit ^^ account of such money as he shall have so reimbursed as aforesaid, signed
an account •' , , , ..
signed by a by one or more justice or justices of the peace for the county, riding, city,
ireasiTrer of ^ town, liberty, division, or place where such family shall dwell, to the treasurer
the county, &c. of the cotinty, riding, city, town, liberty, division, or place in the militia
shaU serve^ whereof such non-commissioned officer, di-ummer, or private militia man JBep.!
who shall repay Stat. Law Rev. Act, 1872.J shall serve, and thereupon the treasurer to whom
e same. ^^^j^ account shall have been delivered or transmitted as aforesaid shall and
he is hereby required forthwith to pay to the treasurer wjbo shall have ao
delivered or transmitted such account the sum or sums so by him reimbursed
to such overseer or overseers, and shall be allowed the same in his aocounta
Treasurer re- XVII. And be it further enacted, that every treasurer who shall repay to
paymg such , . ...
aUowances to any treasurer of any other county, riding, or division, any such allowances as
surer^shsoT* aforesaid on any such signed account as aforesaid shall transmit such signed
transmit the account, and also an account of aU monies so repaid by him in pursuance
^othe'mstio^ thereof, to the justices of the peace for the county, riding, or division at the
at the next next or general quarter sessions of the peace, or any subsequent sessions ;
s^M^hT" which accounts so received shall be allowed by the justices at such sessions; .
shall allow
the same.
A.D. 1802-3.
43 George III. c. 47.
283
XVIIL Pkovided always, and be it further enacted, that within the city
and county of the city of Exeter all allowances to be made by virtue of this
Act to the families of persons serving in the militia shall be paid by the
treasurer or treasurers of the corporation of the governor, deputy governor,"
assistants, and guardians of the poor of the city and county of Exeter ; and
that the same shall be ascertained, assessed, raised, collected, and levied by
such and the same ways and means as the money raised for the relief of the
poor within the said city and county is, by virtue of the several Acts of
Pariiament now in force for the relief of the poor within the said city and
county, or any or either of them, directed to be raised ; and it shall be lawful.
for ibe several persons authorized to put the said Acts in execution to cause
to be raised and levied such sum or sums as shall be necessary for that pur-
pose, over and above what they are already authorized to raise for the relief
of ihe poor of the said city and county ; and ail and every person and persons
vbo are by the said Acts, or either of them, required to do any act, matter,
w tiling for the ascertaining, assessing, confirming or altering of assessments,
collecting and levying the sum^ thereby directed to be raised for the relief
of the poor, are hereby required and authorized to do all such and the like
ads, matters, and things for the ascertaining, assessing, confirming or alter-
iif assessments, collecting and levying the money hereby directed to be raised,
aod shall be subject 'to all such forfeitures and penalties, in case of their
iM^ or refasal to perform the same, as are imposed for offences of the like
oatBRby the above mentioned Acts, or either of them ; and also in the same
mnm and by the same ways and means to raise and levy, or cause to be
iweifand levied, such further sum and simis of money as shall have been
A/vanoed and paid by the treasurer of the corporation of the poor for the
JBaintenance of such wives and families, and shall cause the same to be repaid
io ihe treasurer of the said corporation.
XIX. Provided also, and be it further enacted, that all monies to be levied
by parish rates to be made within the city and county of the city of Bristol,
in relation to this Act, shall be paid, ascertained, assessed, raised, collected,
levied, and repaid in such manner and by such and the same ways and means
as are prescribed to be observed in raising money for the relief of the poor
witbin the said city and county of the city of Bristol, by virtue of any Act
or Acts of Parliament relating thereto ; and that it shall be lawful for the
aeveral persons authorized to put the said Acts in execution to cause to be
raised and levied such sum or sums over and above what they are already
authorized to raise for the relief of the poor of the said city and county,
and also in the same manner and by the same ways and means to raise and
levy, or cause to be raised and levied, such further sum and sums of money
as shall have been advanced and paid by the treasurer or the corporation of
the poor, and shall cause the same to be repaid to the treasurer of the said
corporation ; and that all and every person and persons who are by the said
Acts, any or either of them, required to do any act, matter, or thing for the
ascertaining, assessing, confirming or altering of assessments) collecting and
levying the sums thereby directed to be raised for the relief of the poor, are
hereby required and authorized to do all such and the like aets, matters, and
things for the ascertaining, assessing, confirming or altering assessments,
collecting and levying the money hereby directed to be raised, and shall be
In Exeter the
allowances
shall be paid
by the trea-
snrer of the
corporation of
the poor, and
shall be raised
as the poor
rates, &c.
Monies to be
raised in Bris-
tol by parish
rates in rela«
tion to this
Act shall be
raised as the
poor ratcR, &e.
284 4-S GEoftc.E III. c. 47. A.D. 1802-3.
subject to all such forfeitures and penalties, in case of their neglect or refbnl
to perform the same, as are imposed for offences of the like nature by the
above mentioned Acts, or any or either of them.
In PiymoutL XX. Peovided also, and be it further enacted, that within ihe borough of
Bhaii be paid Plymouth all allowances to be made by virtue of this Act to the families
Wthetreomrcr of persons serving iu the militia shall be paid by the treasm-er or ti-easurers of
of Ihe corpora. '^ i- ?ii j . ■ , , j .- ,
tiooofthepoor, the corporation oi the governor, deputy governor, assistants, and guardians of
anddiall be thg pj^,. of t^Q g^i^ borough of Plymouth ; and Uiat the same shall be agcer-
poomtes,&c. tained, assessed, raised, collected, and levied by such and the same ways and
means as the money raised for the relief of the poor within the said boroogh
is, by virtue of the several Acts of Parliament now in force for the relief of
the poor within the said borough, or any or either of them, directed to be
raised ; and it shall be lawful for the several persona authorized to put &e
said Acts in execution to cause to be raised and levied such sum oriiOHti^ bh
shall be necessary for that purpose, over and above what they are alKB:iiy
atithorized to raise for the relief of the poor of the said borough ; and bH and
every person and pei-sona who are by the said Acts, or either of them, reqnitaJ
to do any act, matter, or thing for the ascertaining, asseasing, confirming or
altering of assessments, collecting and levying the sums thereby directed li
be raised for the relief of the poor, are hereby I'equired and authorized to in
all such and the like acts, matters, and things for the ascertaining, assessing,
confirming or altering assessments, collecting and levying the money hereby
directed to be raised, and shall be subject to all such forfeitures and penalties.
in case of their neglect or refusal to perform the same, as are imposed for
ofiences of the like nature by the above mentioned Acts, 'or either of them ;
and also in the same manner and by the same ways and means to ruse and
levy, or cause to be raised and levied, such further sum and sums of money as
shall have been advanced and paid by the treasurer of the corporation of the
poor for the maintenance of such wives and families, and shall cause the same
to be repiud to the treasurer of the said corporation.
AcoounUuf XXI. Provided always, and be it further enacted, that accounts of all
^''reimWa^ allowances paid under this Act, in respect whereof any reimbursement shall
undtT this Act be directed by this Act, shall be made up at the end of every successive six
up and eiimed months. Of shorter period, fi-om the time of the first commencing the piyuicnl
by the justice*, thereof, and shall be signed .by the justices granting certificates for the reim-
dno demu^^ burscmcnt thereof, or by some other justices of the same county, ridiiig,
of ibe ovor- division, or place, witbin one month after the respective periods up to wliich
in cerialii such account^ shall be made up, and the money due on such account shall, &5
periods. yy^Q g^ the aa,me can be done, be demanded of the overseers of the poor of tlio
parish, township, or place, or treasurers required to make such reimburse-
ment OS aforesaid ; and no such sum of money shall be demanded or demaud-
able, unless the same shall have been so first certified within one month as
aforesaid, and delivered to the overseer of the parish, township, or place, nr
treasurei', by whom such reimbursement is to be paid, within three mootbs
after such ceitjfying thereof as aforesaid.
Where more XXII. ASD be it further enacted, that iu every case in which the family of
three ^hii^u a^X private man serving in the militia of any county, riding, or place in
■hull hnjome England, when called out and embodied for actual service, shall become
A.D. 1802-3.
43 George III. c. 47.
285
Tespectively nnd^ the ages of ten years, it shall be lawful for the overseers of
the poor of the parish, tything, township, or place for which such man shall
serve, or in which the &mily of such man shall reside, to provide another fit and
able man between the ages of eighteen years and thirty-five years, and having
no wife or any child under the age of ten years., to serve in the stead of the
man having such fiunily as aforesaid ; and the colonel or commanding officer
of the regiment^ battalion, or corps to which such men shall belong, upon such
oilier man being duly examined, approved of, and enrolled as a fit and able
wxHy and joining at the head quarters of the said regiment, battalion, or corps,
may and shall discharge or cause to be discharged the man in whose st^u]
audi other person shall be so produced, approved, and enrolled aa aforesaid :
Provided always, that the pay of every such person so provided as aforesaid
abll eommenoe and be drawn only from the day of the discharge of the man
in whose stead he shall have been provided, and not before ; any thing in any
Act eontained to the contrary notwithstanding : Provided also, that no such
pri?ate militia man shall be discharged at any other period of the year than
betweoi the first day of November and the twenty-fifth day of March.
{XXIII.*I And be it further enacted, that all pajnnents made by any over-
iceror overseers in pursuance of any order or certificate of any justice or
jvtices of the peace under this Act shall be allowed and passed in their
Topeetive accounts in like manner as other expencea incurred on account of
&eiiilitia are now by law passed and allowed; and if any overseer of the
poorilially on demand made in pursuance of any order or certificate of any
jistittor justices of the peace for the payment of any sum of money by virtue
cftik Act, and production of such order or certificate to him, refuse or n^lect
iojaj and satisfy the sum or sums of money directed to be paid in or by
sBch order or certificate^ every such overseer of the poor so refusing or n^lect-
ing to make such payment shall, for every such n^lect, forfeit the sum of five
poonds, to be recovered upon the oath of one or more credible witness or
witnesses, or by the confession of the party accused, before the justice making
saA order, or any other justice of the peace of the county, riding, division,
city, or place where the offence shall be committed ; which said justice is
hereby authorized and required, upon any information exhibited or complaint
made in that behalf, to summon the party accused, and to examine into the
mMttesr of fiict, and upon due proof thereof as aforesaid to give judgment for
soch penalty, to be levied by distress and sale of the offender's goods and
diattels, in ease the same shall not be forthwith paid, by warrant under the
hand and seal of such justice, causing Uie overplus (if any), after deducting the
chaif[es of such distress and sale, to be rendered to the party ; and the penalty
so adjudged shall be paid, one moiety thereof to the party who shall inform
for the same, and the other moiety thereof to the poor of the parish to the
overseers of whidi any such sum of money ought to liave been paid
the poor maj*
proTide another
man to senre
in room of the
father; and
the pay of the
sabstitate shall
commence firom
the discharge
of the man in
whose room
he is provided,
&c.
Pajmentsmade
by OTcneers
nnder this Act
than be allowed
as other ex-
pencea on ac-
count of the
militia ; and if
anjorerseer
shall not pay
money ordered
by a jostice, he
shaO forfeit 5^.,
which may be
teooTCfcd by
distreas.
Applicatioa of
poMiHy.
XXYL And be it further enacted, that if any person shall find himself Appeal mj be
aggrieved by any order of any justice <h- justices of the peace for the pajrment ^JUj^***
of any such som of money as afore^id, it shall and may Ix; lawful for such aiom.
U This 9oct2€fa is rep^ so Ikr as it relates to the certificate of any justice or josticen,
Stat. Jmw Bev. Act, 1872.}
286
43 George III. c. 47, 50.
A,D. 1802-1
Quarter ses-
sions may order
recompence to
the treasurers
out of the
county stock
for trouble
while the
militia are
embodied.
person to appeal to the justices of the peace ^at the next general or quarter
sessions of the peace for the same county, riding, division, city, or place, wheu
any 'demand in pursuance of such order shall be made as aforesaid, who are
hereby empowered to hear and finally determine the same ; and it shall be
lawful for the said justices at such sessions to award and order, where they
shall see occasion, the payment of such sum and sums of money which such
appellant, as churchwarden or overseer of the poor, ought to have paid in
pursuance of such order made by virtue of this Act, and hath neglected to pay
in manner aforesaid.
XXVII. And be it further enacted, that it shall be lawful for the justices of
the peace, at any general quarter sessions of the peace to be held for each
respective county, riding, city, town, division, and place in England, to order
and direct such recompence and satisfaction as they shall think just and
reasonable to be made and given to the respective treasurers for their extra-
ordinary trouble, labour, and expences in the execution of their respective
offices while the militia is embodied and in actual service, for such time and in
such manner as they shall think proper, to be paid or allowed out of the
publick stock or treasure of every such county, riding, town, division, and
place respectively.
CHAPTER L
An Act for more speedily completing the Militia of Qreat Britain, raised
under T^o Acts, passed in the Forty-second Year of the Beign of his
present Majesty ; and for amending the said Acts. [11th June 1803.]
HEREAS it is expedient that effectual provision should be made for
w
Recital of
42 Geo. 3. *
c. 90.
and 42 Geo. 3.
c. 91.
Deficiencies or
vacancies shall
be certified
from time to
time by the re-
spective com-
mandants to
the clerk to the
general meet-
mgs, and noti-
fied by him to
the clerks of
the subdivision
meetings; and
the deputy lieu-
tenants shall
proceed to fill
them up by
ballot or other-
wise.
completing the militia forces, and punishing all persons deserting from
or making default by not appearing or* absenting themselves from duty in the
militia ; and also to amend an Act passed in the forty-second year of the reign
of his present Majesty, intituled " An Act for amending the laws relating to
" the militia in England, and for augmenting the militia " ; and another Act
passed in the forty-second year aforesaid, intituled "An Act to raise and
" establish a militia force in Scotland *' :
TL And be it further enacted, that from and after the passing of this Act
all deficiencies or vacancies that shall remain or have arisen-in the militia of
any county, riding, stewartry, city, or place in Great Britain shall be certified
from time to time by the respective colonel or other conmiandant of such
militia to the clerk to the general meetings; and the derk to the general
meetings shall forthwith give notice thereof to the clerks of the subdivLsioa
meetings within which any such vacancies shall have arisen, {and the deputy
lieutenants shall thereupon, within seven days after such notices, assemble in
their respective subdivisions, and immediately proceed to the filling up such
deficiencies or vacancies by ballot, or otherwise, according to the provisions of
the said recited Acts/}
I* The part of this section encloidd in brackets is rep., so far only as it relates to
the militia raised in England, Stat. Law Rev. Act, 1872.}
A,D. 1802^
43 George III. c. 50.
287
lU And be it fbrther enacted, that from and after the passing of this Act
it shall be lawfiil for the deputy lieutenants, in their respective subdivisions^
and they are hereby required, in case any person ordered to be drawn out and
embodied shall have made or shall make default by not appearing, or by
desertion, or absence from duty, and shall not be taken within one month
from the time of such default, desertion, or absence, to declare a vacancy,
and forthwith to fill up the same according to the provisions of the said Acts
and this Act, any thing in the said recited Acts contained to the contrary
notwithstanding.
IV. And be it further enacted, that the respective colonels or other com-
mandaats of the regiments, battalions, corps, and independent companies of
miliiia in Oreat Britain shall, during the period of the militia being embodied
and called out into actual service, transmit to the justices of the peace or
Bttgistiates, assembled at the several general quarter sessions of the peace held
for the respective counties, ridings, divisions, stewartries, cities, or places in
(beat Britain, to the militia of which they belong, at the Michaelmas quaiiier
leenonB of the peace next after the passing of this Act, and also to the justices
and magistrates assembled at every succeeding quarter sessions of the peace,
eertifieates in the form in the schedule to this Act annexed marked (A.), of
tie deficiencies and vacancies that remain to be filled up in their respective
legimente, battalions, corps, or independent companies ; and the justices of the
ftttt or the magistrates assembled at such sessions shall, at such sessions,
Ms the penalty of ten pounds for each private man so certified to be deficient
asaJmesaidjin manner directed by the said recited Acts ; and if, at the general
jaarter sessions of the peace immediately succeeding the quarter sessions of
tie peace at which any such assessment shall have been made, any deficiency
or deficiencies, in respect whereof any such assessment shall have been made,
aball not have been made good and filled up according to the provisions of
the said Acts and of this Act, the justices or magistrates assembled at such
suooeeding general quarter sessions shall forthwith assess and levy, in like
manner as aforesaid, a further and additional penalty of ten pounds for every
inivate man so deficient, and shall from time to time, at every succeeding
general quarter sessions of the peace, proceed to assess and levy further and
additional penalties as aforesaid of ten pounds for each private man deficient,
until such deficiency or deficiencies shall have been filled up ; and such several
penalties may and shall be assessed, levied, recovered, and applied according to
the provisions of the said recited Acts.
V. And whereas the deficiencies in the militia occasioned by men sworn or
inrolled in the militia making default by not appearing or joining their respec-
tive r^ments, battalions, or corps, when ordered to be embodied, or deserting
therefirom, or absenting themselves, are productive of great ezpence and incon-
venience to the counties, ridings, stewartries, cities,' and places to which such
men belong, and are very detrimental to the publick service : Be it therefore
enacted, that in case his Majesty shall by any proclamation think fit gracioasly
to extend his pardon to all such militia men who shall have so made default,
by not ap]>eA™^> or by desertion, or absence from duty, and who shall returib
to and Join their respective regiments, battalions, corps, or independent com-
nanies of militia, or deliver themselves up at the head quarters of any other
If any penon
onierea to be'
drawn out shall
not appear, or
shall desert, &c.
and shall not
be taken within
a month, the
deputy lieuten-
ants shall fill up
the Tacauc)'.
Commandants
shall transmit
to the general
quarter ses-
sions certifi-
cates of defi-
ciencies of
numbers in
the form in
schedule (A.);
and the justices
there assembled
shaU assess 10/.
for each man
certified to be
deficient, and
at every suc-
ceeding ses-
sions shall
assess a further
penalty of 10/.
for every per-
son so deficient,
whose vacancy
shall not then
have been
filled up.
If his Majesty
shall, by pro-
clamation, par-
don deserters,
Sec. who shall
deliver them-
selves up by a
certain day, the
commandants
288
43 George III. c 50.
A.D. 1802-3.
i ■_
>.
r-.
V
I .
I' .
i
I •*
■ •
I
I:
r.
f-
Khali, OA Boon
as may be after
that day, cause
lists to be made
out of such as
have not de-
livered them-
selves up, and
certify the
same to the
clerks of the
general meet-
ings, "who shall
publish the
same in the
newspapers,
and shall trans-
mit copies to
the War Office.
How the ex-
pence of pub-
lication shall
be paid.
All persons
shall appre-
hend such de-
serters, &c. ;
and such as are
substitutes or
volunteers,
upon being
identified be-
fore a court-
martial, and
found fit for
service, shall
be sent to
serve in the
forces stationed
abroad; and
persons who
shall appre-
hend any de-
serter shjBll be
entitled to 20«.
Men who shall
return in obe-
dience to such
proclamation
shall remain
with the corps
to which they
belong, not-
withstanding
its being com-
plete.
regiment, battalion, corps, or independent company of militia> or to any de-
tachment of his Majesty's other forces, or to any military post, on or before
any day named in such proclamaticm, the several colonels or other command-
ants of the militia of the respective counties, ridings, atewartries, cities, and
places in Great Britain shall, as soon as the same can be done after such day
as aforesaid, cause lists to be made out of all such defaulters, deserters, and
absentees as aforesaid from the militia of their respective counties, ridings,
stewartries, cities, and places, who shall not appear and return to and join, or
deliver themselves up as aforesaid, together with the last residences and the
descriptions of such men when the same can be procured, and shall certify the
same to the clerks of the respective general meetings, who shall immediately
publish the same in one or more of the publick newspapers usually circulating
in the counties, ridings, stewartries, cities, or places, to the militia of which
such men shall respectively belong ; the expence of such publication as afore-
said to be paid by the receiver general of the county, riding, or place in
England, or by the receiver general in Scotland in relation to the counties,
stewartries, cities, and places in Scotland, upon the certificate of any two
deputy lieutenants of the county, riding, stew'artry, city, or place, in which
such publication shall be so made as aforesaid ; and shall also forthwith
transmit to the secretary at war, or his deputy, true copies of such lists and
descriptions, in order to the publication thereof in every part of Great Britain,
in case it shall appear expedient so to do ; and it shall be lawful for all justices
of the peace or magistrates, and all constables and peace officers, and all other
persons whatever, and they are hereby enjoined and required, to apprehend,
seize, take, and detain such defSstulters, deserters, or absentees, for the purpose
of delivering them into safe custody at any military head quarters, or into
gaol near to the place where they shall be apprehended as aforesaid ; and all
such defaulters, desei-ters, or absentees as aforesaid, being substitutes or volun-
teers in the militia, upon being identified before any general or regimental or
detachment court martial, may and shall, if found on examination to be fit for
service, be sent in manner directed by the said recited Acts to serve in his
Majesty's regular forces stationed abroad until duly discharged therefix)ta;
and the person or pei*sons who shall apprehend, seize, take, and detain any
such defaulter or deserter, or absentee as aforesaid, and deliver him into safe
custody as aforesaid, shall be entitled to receive the sum of twenty shillings
over and above any reward to which such person or persona may be entitled
under any Act for punishing mutiny and desertion, to be paid in like manner
as any such reward may be payable under any such Act.
VI. Ajnd be it further enacted, that all private militia men who shall have
so made default or deserted or absented themselves from duty as aforesaid,
and who shall return in obedience to any such proclamation of his Majesty
as aforesaid, shall remain with the regiment, battalion, corps, or independent
company to which they shall belong, notwithstanding the same shall have
been completed to its full number, and shall be considered as supernumeraries,
and shall be carried to the account of the parish, ty thing, or place for which
,they shall have been enrolled to serve, either for the purpose of making part
of the quota of the supplementary militia to be raised by any such parish,
tything, or place under the said recited Acts and in pursuance of any pro-
ID. 1802-3.
43 George IIL c. 50.
289
cknuition of his Majesty for that purpose, or to supply any future vacancies
thai may arise among the men to be provided by such parish^ ty thing, or
plaoe.
yil And be it further enacted, that no seaman or seafaring man shall
hereafter be enrolled in the militia of Great Britain, either as a substitute
or volunteer.
VllL And be it further enacted, that the deputy lieutenants shall ballot
for all men to be enrolled for the supplementary militia out of the lists
ibeady returned for the balloting of the militia under the said recited Acts,
viihout making any new lists, unless it shall appear to them in particular
esses to be absolutely necessary for the levying such supplementary militia,
sad without making any other alterations in the before mentioned lists than
the necessary and proper amendments of such lists according to the provisions
of the said recited Acts.
H. And be it fiirther enacted, that every ballottad man, substitute, and
Tdimteer to be enrolled to serve in the militia of Great Britain shall, bef6re
sadi enrolment, be examined upon oath before the deputy lieutenants as to
kisresdence, age, and family ; and the oath so administered to him shall be
in the words and according to the form and effect in the schedule to this Act
annexed marked (B).
il.^1 And be it further enacted, that every person chosen by ballot to serve
in^ militia, subsequent to the date of his Majesty's proclamation for levying
uileBrDlling the supplementary militia, (not being one of the people called
QofaQ) who shall refuse or neglect to appear and take the oath, and serve
^ ik militia, or to provide a substitute in manner directed by the said
ncM Acts, shall forfeit and pay the sum of fifteen poimds in lieu and in stead
of the stim of ten pounds in the said recited Acts mentioned, to be levied and
levered in manner in the said Acts mentioned ; any thing therein contained
to ^ contrary notwithstanding.
XI. And be it further enacted, that from and after the passing of this Act
^ vacancies that shall have been or shall hereafter be occasioned in the
Bulitia by the appointment of any private militia men to be Serjeants, corporals,
or dnunmers, in consequence of any augmentation, shall be certified, {and
other men .found and provided to supply such vacancies/i in like manner in
every respect as is directed in the said recited Acts in relation to any vacancies
*^isij\g by the appointment of any private militia man to be a serjeant,
corporal, or drummer, upon the death or discharge of any non-commissioned
oficer or drummer.
XIL Axd be it further enacted, that firom and after the passing of this Act,
where any deputy lieutenant shall provide any substitute for any Quaker
^er the provisions of the said recited Acts, the sum of money which such
deputy lieutenants shall have agreed to give to such substitute shall be paid
t« such substitute, upon the certificate of such deputy lieutenant, by the over-
*«r of the poor of the parish, tything, or place for Which such substitute shall
te provided, out of the poor rates of such parish, tything, or place ; and such
r Section 10, and the part of section 11. enclosed In brackets are rep., so far only as
% relate to the militia raised in England, Stat. Law Rev. Act, 1872. J
VOL. IV. T
No seahaing
man shall be
enrolled in the
militia.
Deputy lieu-
tenants shall
ballot for the
supplementary
militia out of
the lists already
retumed,unleas
new ones shall
be necessary.
Men before en-
rolment, shall
be examined
upon oath as to
their residence,
age, and family,
according to
the form in
schedule (B).
Persons chosen
by ballot sub-
sequent to his
Mi^esty's pro-
clamation for
enrolling the
supplementar}'
militia (not be-
ing QuiUcers)
and not serv-
ing, or pro-
viding a
substitute, shall
forfeit 15/.
Vacancies by
promotion of
privates to be
seijeantB, &c.
in consequence
of augmenta-
tion shall
be certified,
and other men
provided as
directed by
recited Acts
in case of
vacancies by
promotion or
death, &c.
Bounty money
to substitutes
for Quakers
shall be paid
upon certificate
of the deputy
lieutenants pro-
viding them
out of the poor
rates, &c.
290
43 Geoboe III c 50.
AD. 1802-3,
PeTMni tte-
glectin^ to a^
peal within the
^pointed time
BhaU be liable
If aaj" penon
ballotted shaU
refuse to be
High comta-
bles. Sic. iusnr-
fffor pro-
lagfa
TldiDB
teen ihall
forfeit sol.
gum of money shaU\be levied'in manner directed by the said Act, and repaid
to the overseers who shall have advanced the same.
IXIII.'I And be it further enacted, that on the making out or amending of
any liata, after the passing of this Act, of persons fit to sei-ve in the militia,
every person who shall wilfiilly neglect to appeal within the time appointed
for that purpose shall forfeit for every such offence any smn not exceeding
twenty shillings nor lees tKan five shillings, at the discretion of any two or
more deputy lieutenants, or justices of the peace, or magistrates ; and on non-
payment thereof be imprisoned at the discretion of any two or more depntj
lieutenants, or justices of the peace, or raaglstrates as aforesaid, for any time
not exceeding one week.
iXIV.'J Amd be it further enacted, that if any person whose name shall he
insert«d in any list made and Eusended after the passing of this Act, &nd
whose name shall be drawn upon the ballot, shall refuse, when required by
any two or more deputy lieutenants, justices of the peace, or magistrates, to
be examined as to his fitness to serve in the militia, according to the provisioDs
of the said recited Acts and this Act, such person may, at the discretion of sny
two or more deputy lieatenuits, or justices of the peace, or magiBtrata,lM
imprisoned for any time not exceeding one week.
XV. And be it further enacted, that from and after the passing of this A«,
if any high constable or chief or other constable or any adjutant, qiiarler-
master, or serjeant in the militia shall insure or take any money for the
insurance of, or be in any way concerned in any company, society, partnenJii|i,
or office for the insurance of any person or persons, for the pro^nding any
substitute or volunteer, or substituten or volunteers, or for the paj-iog or
returning any money for the providing imy aubatituta or volunteer, or sub-
stitutes or volunteers in the militia, for any person or persons who may l*
ballotted to serve in the militia, every such high constable or chief or other
constable, or adjutant, quartermaster, or serjeant as aforesaid shall forfeit '"r
every such offence fifty pounds, to be recovered as any penalty may I''
recovered under the said recited Act.
SCHEDULES to which this Act refers.
Schedule (A).
County of or, Riding of or, Stewartry of
or. City or Place [as the case may bo].
Ceetificate of Number of Vacancies ; dated the day of
SnbdivintoDs.
PariBhen.
Total Noinber
of Quota.
Numberx of Men
actualiy serving.
Vacancies to W
filled up.
1
1
1
■ Bep., aa to the militia to be raised in England, 23 & 24 Vict, c 120. s
iD. 1802-S.
43 George III. c. 50, 61.
291
Schedule (B.).
Form of Oath.
T do make oath that I am by my trade a and have
"*- been usually resident in the parish of in the county of
that I am unmarried [or, have a wife living, as the case maybe] ; and that I
have no children, [or, only one child, bom in wedlock] ; and that I have no
rapture, nor ever was troubled with fits, and am no ways disabled by lameness
or otherwise, but have the perfect use of my limbs ; that I am not a seaman
or sca&rmg man, or an apprentice ; and that I do not belong to his Majesty's
navy, army, or marines, nor to any other corps of militia. As witness my
band, at the day of one thousand eight
hundred and
Swom before me at this day of one thousand
eight hundred and
Witness present
CHAPTER LL
As Icr to render more effectual an Act passed in ijie Forty-second Year of
Eg present Majesty's Reign, for consolidating the Provisions of the
xreral Acts passed for the Redemption and Sale of the Land Tax.
[11th June 1803.]
TP^HEREAS by an Act passed in the forty-second year of his Majesty's
' ^ reign, intituled "An Act for consolidating the provisions of the several
* Acts passed for the redemption and sale of the land tax into one Act, and
" ibr making further provision for the redemption and sale thereof, and
* for removing doubts respecting the right of persons claiming to vote at
' elections for knights of the shire, and other members to serve in Parliament,
" in respect of messuages, lands, or tenements, the land tax upon which shall
' have been redeemed or purchased," it is enacted, that the amount of the
money to be paid as the consideration for the redemption or purchase of land
tax in the cases therein specrded shall be calculated, settled, and ascertained
aeeording to the price of stock to be from time to time transmitted to the
receivers general or their deputies in England, or to the collectors in Scotland,
in the manner therein directed and according to the table in the schedule
to the said Act annexed marked (L.), and the rules and directions therein
contained: And whereas the said table contains only the* amount of the
several sums of money to be paid for the redemption or purchase of land tax
when the three pounds per centmn bank annuities are at any prices between
gixty and par : Be it therefore enacted by the King's most excellent Majesty,
by and with the advice and consent of the lords spiritual and temporal, and
eommons, in this present Parliament assembled, and by the authority of the
same, that 'whenever the price of the three pounds per centum bank annuities to
be transmitted pursuant to the directions of the said Act' shall be at any price
between fifty ^^^ sixty, the amount of the money to be paid as the whole or
T 2
Recital of
42 G. 3. cll6.
When the price
of three per
cent bank an-
nohieB shall
be between 50/.
andftO/. the
conndeiBtion
fortheredemp-
lioii or pur-
292 43 George III c. 51. A.D. 1802-3.
chase of land as any instalment or instalments of the consideration for the redemption or
settled accord- Purchase of any land tax shall be settled and adjusted, and the payments
ing to the table made according to the table contained in the schedule to this Act annexed ;
Mheduk^ Mid ^^^ ^ ^^^ every the rules and directions in the said Act or in the said
the rules in the schedule thereto contained in relation to the calculating, ascertaining, settiing,
calculating the ^^^ adjusting the amount of the money to be paid as the whole or as any
"r?i^*' ^' iiistalment or instalments of the consideration for such redemption or purchase
served. of land tax as aforesaid in cases where the price of three pounds p^r centum
bank annuities shall be above sixty, shall in so far as the same are applicable
be used, observed, and practised in relation to the calculating, settling, ascer-
taining, and adjusting the amount of the money to be paid as the whole or as
any instalment or instalments of the consideration for such redemption or
purchase in cases where the price of the said annuities shall be between fifty
and sixty, in the same manner as if such rules and directions had been repeated
in the body of this Act or in the schedule hereto.
When neces- H, And be it further enacted, that whenever, by reason of any variations
Ru^ may direct ^ ^^ prices of the three pounds per centum bank annuities which are not
y^^^8 *<* ^ specified in and provided for by the tables contained in the said respecti?e
anj variation schedules to the said recited Act and this Act annexed, it shall become
th*baS^*^-^' necessary that other tables should be transmitted to the respective receivers or
unities. their deputies in England, or to the collectors in Scotland, in order to enable
them to calculate, settle, and ascertain the amount of the money to be paid as
the consideration for the redemption or purchase of any land tax, it shall be
lawful for the commissioners of his Majesty s Treasury, or the lord high
treasurer for the time being, to order and direct that proper tables adapted to
meet such variations in the prices of the said bank annuities as aforesaid sbali
be formed and constructed upon the same principles as the tables contained in
f! the said schedules to the said recited Act and this Act are formed and con-
structed ; and that such tables shall be transmitted by the commissioners for
the affairs of taxes to the respective receivers general or their deputies in
England, and to the collectors in Scotland ; and such tables so transmitted as
aforesaid shall be as valid and effectual to enable such receivers general and
their deputies and such collectors respectively to ascertain^ settle, and adjust
the amount of the money to be paid as the whole or as any instalment or
instalments of the consideration for the redemption or purchase of any land
tax, as if such tables had been contained in the said schedule to this Act
annexed.
A.D. 1802-3.
43 George IIL a 61.
29S
SCHEDUI-E to which this Act refers.
Table shewing the several Sums payable for the Redemption or Purchase of
JLand Tax of the yearly Amounts denoted in the First Column, when the
Three Pounds per Centum Bank Annuities are at any Price between
Fifty and Sixty, as denoted in the Second and subsequent Columns.
Land Tax to be
ndeemed
or purchased.
50
aod under
51.
51
.and under
52.
52
and under
53.
53
and under
54.
54
and under
. 55.
X
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57 17 9
58 19 9
74 6
0
75 14 4
77 3 8
78 13 0
92 16
3
94 12 11
96 9 7
98 6 8
111 7
6
113 11 6
115 15 6
117 19 6
129 18
9
132 10 1
135 1 5
137 12 9
148 10
0
151 8 8
154 7 4
157 6 0
167 1
3
170 7 3
173 13 3
176 19 3
185 12
6
189 5 10
192 19 2
196 12 6
371 5
0
378 11 8
385 18 4
393 5 0
0 0 5
0 0 10
0 13
0 18
0 3 4
0 5 0
0 6 8
0 8 4}
.0 10 0}
0 11 8}
0 13 4}
0 15 0}
0 16 8}
0 18 4}
1 0 0}
2 0 0}
3 0 1
4 0
5 0
6 0
7 0
8 0
9 0
10 0
11 0
12 0
13 0
14 0
15 0
16 0
17 Q 6
18 0 6}
19 0
20 0
40 1
60 1
80 2
1*
li
2
2}
3}
H
H
7
2
9
4
100 2 11
120 3 6
140 4 1
160 4 8
180 5 3
200 5 10
400 11 8
294
43 George III. t;. 51.
A.D. 1802-3.
Schedule — continueA
Land Tax io be
redeemed
or purchased.
55
and nnder
56.
56
and under
57.
57
and under
58.
58
and under
59.
59
and under
60.
i -
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20 7 11
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40 15 10
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42 5 2
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43 14 6
3 -
61 3 9
62 5 9
63 7 9
64 9 9
65 11 9
4 - -
81 11 8
83 1 0 .
84 10 4
85 19 8
87 9 0
6 -
101 19 7
103 16 3
105 12 11
107 9 7
109 6 3
6 -
122 7 6
124 11 6
126 15 6
128 19 6
131 3 6
7 -
142 15 5
145 6 9
147 ,18 1
1.50 9 5
153 0 9
8 -
163 3 4
166 2 0
169 0 8
171 19 4
174 18 0
9 -
183 11 3
186 17 3
190 3 3
193 9 3
196 15 3
10 -
203 19 2
207 12 6
211 5 10
214 19 2
218 18 6
20 -
407 18 4
415 5 0
422 11 8
429 18 4
437 5 0
I
■
■
A.D. 1802-3.
43 George IIL c. 59.
295
CHAPTER LJX.
An Act for remedying certain Defects in the Laws relative to the building
and repairing of County Bridges, and other Works maintained at the
Expence of the Inhabitants of Counties in England. [24th June 1803.]
TTTHEREAS the inhabitants of counties in that part of the United King-
^ ' dom called England are by law bound to repair, support, and maintain
the pnblick bridges, commonly called county bridges, within such counties
respectively, and the roads at each of the ends thereof for limited distances ;
bat the laws empowering them so to do are insufficient and defective : And
wliereas doubts have arisen how far the said inhabitants are liable to improve
sudi Isidges when they are not sufficiently commodious for the publick : For
lemedy thereof, be it enacted by the King's most excellent Majesty, by and
with tiie advice and consent of the lords spiritual and temporal, and commons,
in this present Parliament assembled, and by the authority of the same5 that it
dull be lawful to and for the surveyor of bridges and other publick works in
eieh and every county respectively within that part of the United Kingdom
dkd England, appointed or to be appointed by the justices at any general
quarter sessions of the peace to be holden for such county, and the said sur-
wyor is hereby authorized and empowered, to search for, take, and carry away
gnvel, stone, sand, and other materials for the repair of such bridges and roads
It {be ends thereof as the inhabitants of coxmties! are bound to repair, and to
reaoie obstructions and annoyances from such bridges and roads in such and
' and tie same manner as the surveyor or surveyors of any conmion highway
wjtkk this kingdom is or are by an Act inade and passed in the thirteenth
mr of the reign of his present Majesty, intituled '* An Act to explain, amend,
'' and reduce into one Act of Parliament the statutes now in being for the
" amendment and preservation of the publick highways within that part of
" Great Britain called England, and for other purposes,'' authorized to do ; and
the several powers and authorities thereby vested in the surveyor or surveyors
of highways, as well for the getting of materials as the preventing and
removing of all nuisances and annoyances from such bridge and roads, shall
be and the same are hereby vested in the surveyor and surveyors of county
bridges and the roads at the ends thereof as aforesaid ; and the several penal-
ties^ forfeitures, matters, and things in the said Act contained relating to»
highways shall be and the same are hereby extended and applied, as far as
the same are * applicable, to such bridges and the roads at the ends thereof as
aforesaid as fiilly and effectually as if the same and every part thereof were
herein repeated and re-enacted ; the said surveyor or surveyors making satis-
fiiciion and compensation for aU trespass and damage done in the execution
of the powers of this Act in such and the same manner as the surveyors of
highways are required to make in and by the said above mentioned Act of the
thirteenth year of the reign of his present Majesty I'l-
n. And be it further enacted, that where any bridge or bridges or roads
at the ends thereof, repaired at the expence of any county, shall be narrow
and incommodious, it shall and may be lawful to and for the said justices at
any of their general quarter sessions, to order and direct such bridge or bridges
Surveyors of
county bridges
empowered to
^et materials
for the repair
of bridges in
the same man-
ner as surveyors
of turnpike
roads.
48 Ge6. 3. c. 78.
Quarter scs-
qjons may
widen and alter
the situation
of county
bridges, &c.
p The inl3orporated Bections of this Act will be found in the Appendix.]
43 George IIL c 59.
A.D, iMii-3.
Purchase of
lllDd for such
pUrpOACB.
Tools and
■nateriats pro-
vided by the
noni, &c. shall
be Teited in
the Mrreyor.
and roads to be widened, improved, and made commodious for the publick ;
and that where any bridge or bridges, repaired at the expencs of any county,
shall be so ■ much in decay as to render the taking the same wholly down
necessary or expedient, it shall and may be lawful to and for the said justices
at any of their said general quarter sessions to order and direct the same to
bo rebuilt, either on the old Bcite or situation, or on any new one more oim-
venient to the pablick, contiguous to or within two hundred yards of &a
former one, as to such justices shall seem meet; and if, for the purpose of
altering the situation, or of widening or enlarging any such bridge or bridge^
road or roads as aforesaid, it shall be necessary to purchase any land a
ground, it shall and may be lawfid for such county surveyor or 8nrveyort,'l)]r
and under the direction of such justices at their general quarter sessions ii
aforesaid, to set out and ascertain the same, not exceeding in the uhole an
acre at any one such bridge as aforesaid, and to contract and agree with the
owner or owners of such land and persons interested therein for the pm-clii.'c
thereof, either by a sum in gross or by an annual rent, at the option of such
owner or owners ; and if the said surveyor or surveyors cannot agree with tie
said owner or owners for the purchase thereof or the recompence to be msiie
for the same, or by reason of such owner or owners not being to l>e fonivl
shall bo prevented fix)m treating, then and in every such case the said jus-
tices in their general qTiarter sessions shall impanncl a jury, and sumem tb«
compensation and satid'action for such land, and for the trespass and daumge
to be done by the execution of the [xtwers of this Act, in the same nmciv^r
as they are authorized and empowered to .do by the said above mentitiniid Act
of the thirteenth year of the reign of his present Majesty in relation to high-
ways; and all and every the clauses, powers, provisions, exemptions, ptn^iliies,
matters, and things in the said Act contained, as well with rrespect to imjiannt:!-
ling juries, examining and swearing witnesses, payments of expences, enablio:;
bodies politick, corporate, and collegiate, and other incapacitated persons to sell
and convey, and all other the powers and provisions of the said Act {"J, shall
be and the same are hereby extended and applied to the works by tliis Act
authorized to be done and performed, as far as the same are applicable, as I'ully
and effectually to all intents and purposes as if the same were herein \m-
ticularly repeated and re-enacted ; provided that no money shall be ai^ilieil t"
the amendment or alteration of any such bridge or bridges, until pn s. [itimUL
shall have been made of the insufficieniy, inconveniency, or want of leparatioQ
of such bridge or bridges, in pursuance of some or one of the statutes made and
nowin force concerning public bridges.
III. And be it further enacted, that tlie right and property of nli touK
implements, timber, bricks, stones, gravel, and other materials purLlj^iM'!
gotten, or had, or to be purchased, gotten or had, by or by the order of justii«i
in counties or the surveyor of county bridges for the time being, or in any
respect belonging to such counties, shall be and the same are hereby ve.ste(I in
such surveyor for the time being ; in whom upon any action or indictment
being commenced or prosecuted, such property may be laid PI-
I' Tho incorporalcd EOCtioDs of this Act will be found in the Appendix.]
Y' So much an lelates to laying tho property in the surveyor of county briiiges in My
indictments, rep., 7 Geo. i. c, 64. a. ^2.J
A-D. 1802-3.
43 George III. c. 59.
297
IT. Akd be it farther enacted, that the inhabitants of counties shall and
may sue for any damages done to bridges and other works maintained and
repaired at the expence of such counties respectively and for the recovering
of any property belonging to such counties in the nam^ of their surveyor, and
alfio shall and may be sued in the name of such surveyor ; and no action or
prosecution to be brought or commenced by or against the inhabitants of
counties by virtue of this Act in the name of the said surveyor shall abate
or be discontinued by the death or removal of such surveyor, or by the act
of the surveyor without the consent of the justices at their general quarter
sessions assembled, but the surveyor for the time beiug shall be deemed the
plaintiff or defendant in such actions, as the case may be : Provided always,
that every such surveyor in whose name any action or suit shall be commenced,
prosecntedy or defended in pursuance of this Act shall always be reimbursed
and paid out of the monies in the hands of the treasurer of the publick stock
of such county respectively all such costs and charges as he shall be put unto
or become chargeable with by reason of his being so made plaintiff or defen-
dant therein, and also all the costs and charges of prosecuting any indictment
or indictments or other proceedings against any person or persons whomsoever.
V. And for the more clearly ascertaining the description of bridges hereafter
tote erected, which inhabitants of counties shall and may be bound or Uable
to lepair and maintain, be it further enacted, that no bridge hereafter to be
ended or built in any county by or at the expence of any individual or
printe person or persons, body politick or corporate, shall be deemed or
tikeo to be a coxmty bridge, or a bridge which the inhabitants of any county
' i&ii? be compellable or liable to maintain or repair, unless such bridge shall
beoBcted in a substantial and commodious manner imder the direction or to
& satisfiu^ion of the county surveyor, or person appointed by the justices of
the peace at their general quarter sessions assembled, or by the justices of the
feaee of the county of Lancaster at their annual general sessions ; and which
surveyor or person so appointed is hereby required to superintend and inspect
tfae erection of such bridge when thereunto requested by the party or parties
desirous of erecting the same ; and in case the said party or parties shall be
dissatisfied, the matter shall be determined by the said justices respectively
at their next general quarter sessions, or at their annual general sessions in the
comity of Lancaster.
VL Akd be it further enacted, that all orders and proceedings made and
bad Mrithin the county of York relative to county bridges shall in future be
made and had by the justices of the respective ridings assembled at the
annual and general quarter sessions of the peace holden the first whole week
after Easter, and at no other sessions' whatever within such ridings, except
at such adjournment as shall be made at the above annual and general quarter
sessions so holden as aforesaid for the express purpose of carrying such orders
made as aforesaid into effect : Provided nevertheless, that it shall and may be
lawful for any two justices of the said ridings respectively, in cases of emer-
gency, to give such orders for making temporary bridges, or such temporary
repairs as shall be necessary for the temporary accommodation of the publick.
VIL Provided always, and be it further enacted, that nothing herein con-
tained shall extend to any bridges or roads which any pei-son or persons, bodies
politick or corporate is, are, or shall be liable to maintain or repair by reason of
Inhabitants of
counties may
sue for damages
done to bridges,
&c. in the name
of the surveyor.
Description of
bridges which
inhabitants of
counties shall
b^ liable to
repair.
Orders, &c. re-
specting county
bridges in the
county of York
shall be made
at the sessions
held the first
week after
Easter, or an
adjournment
thereof, except
in cases of
emergency.
Act not to ex-
tend to bridges
repaired by
reason of
tenure or by
prescription.
Publick Act..
298
43 GrEORGE IIL c 59, 61.
A-D. 1802^
tenure or by prescription^ or to alter or affect the right to repair sudi bridges
or roads.
YIII. And be it further enacted, that this Act shall be deemed, adjudged,
and taken to be a publick Act, and shall be judicially taken notice of as sndi
by all judges, justices, and other persons whomsoever without specially pleading
the same.
32 Geo. 3. c. 45.
■■ ■ t
Every soldier.
•
marine, or
1 '
sailor, on carry-
ing his dis-
*
•
charge within
three days to
i- •
the nearest
mayor, &c..
, '
shall receive a
\
certificate of
his home or
\'
place of settle-
•
ment, on pro-
duction of
r •
r
which, and of
'f
his discharge,
being in his
route to such
1
place, he
shall not, for
»
asking relief,
be deemed a
vagabond.
CHAPTER LXI
An Act for the Relief of Soldiers, Sailors, and Marines, and of the WiveB of
Soldiers, in the Cases therein mentioned, so far as relates to England.
[24jth June 1803.]
'TTTEGEREAS soldiers and marines and sailors, or persons discharged from
^ ^ being such, having occasion to return to their respective homes or places
of legal settlement in England, which are frequently at a considerable distance,
are under the necessity of soliciting alms for their relief: And whereas by such
soliciting they have been, by and under an Act of the thirty-second year of his
present Majesty, intituled " An Act to explain and amend an Act made in
" the seventeenth year of the reign of his late Majesty King George the Second,
'' intituled ' An Act to amend and make more effectual the laws relating io
" * rogues, vagabonds, and other idle and disorderly persons, and to houses of
** * correction,' " deemed rogues and vagabonds within the meaning of the said
Act of the seventeenth year of his late Majesty King Greorge the Second, and
liable to be punished accordingly : For remedy thereof, may it please your
Majesty* that it may be enacted, and be it enacted by the Bang's most excel-
lent 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 every soldier or marine duly discharged out of any
regiment, and every sailor duly discharged out of any ship or vessel belonging
to his Majesty!s navy, carrjdng hm discharge by the third day at the latest
from the date thereof to the mayor or chief magistrate of the city, town, port^
or corporate place nearest to or within fifteen miles from the place where he
shall have received his discharge, shall receive from such mayor or chief magis-
trate a certificate under his hand stating the place to which the person so
discharged is desirous of going, being his home or place of legal settlement,
together with the time to be fixed, not exceeding ten days for every one
hundred miles, and so in proportion, except for a reasonable cause to he
expressed in such certificate ; and such person having and producing to such
persons as shall lawfully demand to see the same such discharge and such
certificate as aforesaid, and being in his route accordingly, both as to time and
road, shall not by reason of asking relief be deemed to be a rogue or vagabond
within the meaning of the said Acts, or either of them : Provided always, that
every such discharge shall bear the true date both as to the time when and
the place where it was given, and shall express the sum or smns^ if any, which
were paid to such soldier or sailor at such time and placa
II. And whereas it frequently happens that where regiments are ordered
upon foreign service the wives of non-commissioned officers and soldiers being
with their husbands are not permitted to embark, and having thereupon ihe
like occasion to return to their homes or places of legal settlement, are under
A,D. 1802-3.
43 George III. a 61, 73.
299
the like necessity of soliciting alms, and it is expedient that they also should
be declared free and exempt from the fines and penalties of the said Acts : Be
it further enacted, that the wife of any non-commissioned officer or soldier
ordered for foreign service making due proof of her not being permitted to
embark with her husband before the mayor or chief magistrate of the city,
town, port, or corporate place nearest to or within fifteen miles from the place
at which the regiment to which the said non-commissioned officer or soldier
belongs is ordered to embark, or of any other city, town, port, or corporate
place at which the said regiment shall happen to be on its march under orders
for embarkation, shall receive from such mayor or chief magistrate a certificate
under his hand and the corporate seal of such city, town, port, or place, stating
the place to which she is desirous of going, being her home or place of legal
settlement, together with the time to be fixed, not exceeding ten days for
e?eiy one hundred miles, and so in proportion, except for a reasonable cause
to be expressed in such certificate ; and such person having and producing to
flodi person as shall lawfully demand the same such certificate, and being in
her route accordingly both as to time and road, shall not by reason of asking
relief be deemed to be a rogue or vagabond within the meaning of the said
Acts or either of them.
Ill And be ^it further enacted by the authority aforesaid, that in ca^e of
aeddent or sickness duly proved, which shall prevent the person having such
certifieate from proceeding on his or her journey according to the terms pre-
scribed therein, it shall and may be lawful to and for the chief magistrate of
any ©(her city, town, port, or corporate place, where such person shall be or
sbti urive, to grant a new certificate, stating therein the true reasons for
^noting the same, and containing the like provisions as are herein-before
described, and aimex the same to the former certificate.
IT. And be it further enacted, that certificates or passes granted as hereto-
foc from the Office of Admiralty or War Office to discharged sailors^ soldiers, or
marines^ or to the femilies of sailors, soldiers, or marines serving abroad or
htely deceased, to carry them to their respective homes, shall have the same
effect and force to all intents and purposes whatever as the certificates herein
permitted to be given by the magistrate as aforesaid ; and that the terms of
the same may be extended in each instance which shall appear to require it by
a now certificate from another magistrate in manner herein-before mentioned.
Wives of non-
commissioned
officers or
soldiers, on
making proof
of not being
permitted to
embark with
their husbands,
shall receive
from the near-
est mayor, &c.
a like certifi-
cate of their
home or place
of settlement,
which will
entitle them
to ask relief
while in their
route thereto,
&c.
New certificate
may be affixed
to the former in
case of delay
from accident
or sickness.
Certificates
from the Ad-
miralty or
War Office to
discharged
men, &c. shall
have the same
effect as cer-
tificates of
mayors, &c.
CHAPTEE LXXHL
An Act to amend an Act passed in the Forty-second Year of the Reign of
His present Majesty, intituled " An Act to repeal an Act passed in the
Twenty-fifth Year of the Reign of His present Majesty, for granting
Stamp Duties on certain Medicines, and for charging other Duties in
lieu thereof; and for making effectual Provision for the better Collection
of the said Duties." [4th July 1803.]
^7 HE RE AS an Act passed in the forty-second year of the reign of his present itecital of
Majesty, intituled '^ An Act to repeal an Act passed in the twenty-fifth year of 42 Geo. 3.
** the reign of his present Majesty, for granting stamp duties on certain medicines, and <^- ^^•
^ for charging other duties in lieu thereof, and for making effectual provision for the
^ better collection of the said duties" : Aaid whereas it is expedient that the schedule an-
€*
€4
U
«C
\\
r •
f '
f-
-
e^
E-
P:
«
M
?•■
1*
The schedule
J'
and so much
M ^^
of the recited
r?
Act as relates
thereto re-
pealed, and
ft
the schedule
:.:;
^
hereto annexed
r
to he deemed
a part of tho
r
recited Act.
I''
I
?
t
r
300
43 George III. c. 73.
A-D. 1802-3.
Persons re-
ceiving from
proprietors, &c.
articles suhject
to duty without
labels, and not
returning them
or informing
the commis-
sioners, shall
forfeit 20^
On the outside
of parcels con-
taining twelve
inciosures shall
be written
" medicines,"
&C.
Revenue offi-
cers may open
suspectefl
parcels, and
seize articles
not labelled.
nexed to the said Act should be repealed, and another schedule should be enacted in lien
thereof, and that the said Act should be amended : May it therefore please your Majesty
that it may be enacted, and be it enacted by the King'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 from and after
the passing of this Act the schedule to the said recited Act annexed, and so much of
the said recited Act as relates to the said schedule, or to the extending the prorisions
thereof to the said schedule, shall be and the same are hereby repealed, and that instead
and lieu thereof the schedule to this Act annexed shall be construed with the said
recited Act, and as a part thereof, and shall, in the execution of the s^d recited Act
and this Act, be applied and construed in like manner as if the schedule to this Act
had been annexed to the said recited Act, and was especially enacted therein ; and all
powers, authorities, directions, and provisions of the said Act, and every reference
therein contained to the schedule thereunto annexed, and all fines, penalties, forfeitures,
matters, and things relating thereto or in the said Act contained, in relation to the
duties granted by the said Act, or to any of the provisions of the said Act, shall
(except where the same are hereby expressly varied) be applied, construed, deemed,
and taken to refer to the schedule to this Act annexed, and to all the clauses and pro-
visions of this Act, and shall be extended to and construed in like manner as if the
schedule to this Act annexed, and the clauses and provisions in this Act contamed,
had been enacted in the said recited Act, and as fully as if all the said powers, autho-
rities, directions, provisions, clauses, fines, penalties, forfeitures, matters, and thiogs
had been severally re-enacted in this Act. {Rep., Stat. Law Rev. Act^ 1872.}
II. And be it further enacted, that if any person who shall receive from
any proprietor, compounder, or original or first vender, or any agent or agents,
or person or persons employed by any such proprietor, compounder, original or
first vender, any article or articles whatever subject to any duty granted by
the said recited Act^ for the purpose of selling the same again, without the
label or labels denoting the proper duty being first duly affixed thereto, and
shall not within ten days return the same to the person or persons from whoift
such article or articles was or were received, or within that space of time given
information thereof to the commissioners at the head office in Somerset Place,
and deposit such article or articles with the nearest distributor of stamps, he
or she shall forfeit for every such offence the sum of twenty pounds, to be
recovered as any penalty imposed by the said Act may be recovered under
the said Act and this^ Act.
III. And be it further enacted, that upon the outside of all parcels, boxes,
trunks, or packages in which shall be contained one dozen or more of packets,
boxes, bottles, pots, phials, or other inciosures, containing any article in the
said Act mentioned, and subject to duty under the said recited Act or this
Act, sent by any proprietor, compounder, or original vender thereof, or any
agent or agents, or person or persons employed by him, her, or them, to any
retail vender, by any publick conveyance, or which shall be about to be ex-
ported, the word " medicines " shall be written, and also the name of such
proprietor, compounder, or original vender, and of the person or persons
sending or exporting the same, if not such proprietor, compounder, or original
vender thereof; and that it shall be lawful for any officers of the customs or
excise, or any person appointed by the commissioners for managing the duties
arising on stamped vellmn, parchment, or paper, by authority in writing under
the hand of any magistrate or justice of the peace (which authority any
magistrate or justice of the peace is hereby empowered and required to grant,
on information given to and proved before him on oath (which oath such
magistrate or justice of the peace is hereby authorized to administer), that
A.D. 1802-3.
43 George III. c. 73, 86.
801
there is reason to suspect that any such parcel, box, trunk, or package contains
soch articles subject to such duties, and not properly labelled according to the
proviaioDs of the said recited Act or this Act), to open such parcels, boxes^
tnmks, or packages, and examine if the proper labels be duly affixed to the
artides therein contained ; and in case such labels are not affixed thereto
according to the provisions of the said recited Act and this Act, to seize the
same, and send or deliver the same to the said commissioners at the head office
at Somerset Place, who are hereby authorized to reward the officer or officers
making any such seizure in such manner as to them shall seem fit.
• • •-• • • • • •
V. Provided always, and be it further enacted, that every action, bill, Limitation of
plaint, or information brought, entered, or filed in any court or before any ^ ^°*'
justice of the peace or magistrate for any pecuniary penalty under the said
recited Acts or this Act shall be commenced within three months after the
foffdture of such penalty, and not afterwards ; and it shall be lawful for any Pcnahieii may
jffltioe [of the peace or magistrate, when he shall see cause, to mitigate and ^*' rottigatea.
kssen any such penalty, the reasonable costs and charges of the officer, person,
« informer, as well in making the discovery as in prosecuting the same, being
dwAjs allowed (if demanded) over and above such mitigation, and so as such
mit^ion does not reduce such penalty to less than one fourth part thereof,
mthing in the said recited Act contained to the contrary notwithstanding.
CHAPTER LXXXVI.
As Act to prevent unlawful Combinations of Workmen, Artificers, Journey-
men, and Labourers, in Ireland; and for other purposes relating thereto.pl
[11th July 1803.]
II^UEREAS the laws now in force in Ireland against unlawful combina-
" ^ tions by and amongst artificers, workmen, joume3rmen, and labourers
have been found to be inadequate to the suppression thereof, whereby it is
become necessary that more efiectual provision should be ma^le against such
unlawful combinations in Ireland, and for preventing such unlawful practices
in faiare, and for bringing sudi oflfenders to more speedy and exem]>lary
p So much of this Act as makes illegal and void contracts, coveDODiB, mad agree-
ments for obtaining an advance of wages, or for lessening or aiteriug the hoars or
time of wwking, or for decreaaiDg the qnantitj of work, or for controlling or affecting
the condoct or management of any manofactare, trade, or business, and as probihitM
the making or entering into or being concerned in the same, and as panishes ift^mnn
for so doing, andj as rdates to the combinatioas^ herein mentioned^ and as relate«» to
cndeaTOoring by gift, persoasioo, or solicitation to prereot persons fairing tbemiielves,
and as relates to attendii^ the meetings herein mentioned, or endeavooring to induce
the attendance of others and ooUectiag, demanding, asking, or n^onrin^ uufoej for Ukj
porpcte^es herein mentioDed, and sis rthkUn to ^rmsidiD^f enticing, M^lidting, or ewUa^
voming to iDdnce ethers to enter into or be ooocemed in the combinati//rjs henrin men-
tkmed, and to pmpng moner, making or entering into snliseriptioriji or eontrilKiti//nfi, Mod
to oaths and dedantkins, and to udurU, certificate^, and tobnui, and t/# ttn$in\mX'uHt%
^taming uhers as herein mentioned, rep-, 6 Geo- 4. c J29. «, 2J
I«:^"
h
'f
302
43 George III. c. 86.
A.D. 1802-3.
h
r
r
I
f*^
J
r
'ft'
IT
I
-
I"
All contracts
for obtaining
an advance of
wa^s, altering
the time of
working, de-
creasing the
quantity of
work (ex-
cept between
masters and
men), or .pre-
venting the
employment of
persons, &c.
shall be illegal
and void.
Any workmen
who shall en-
ter into any
such contract
shall be com-
mitted to gaol
or a house of
correction on
conviction
before two
justices ;
as also any who
shall enter into
any combina-
tion for advan-
cing wages,
&c., or shall
endeavour to
prevent any
workman from
hiring himself,
or shall prevail
on him to quit
his employ, or
shall hinder
any master
from employing
any persons, or
wiUiout reason-
able cause
shall refuse to
punishment : Be it therefore enacted by the King'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 ilie
same, that from and after the passing of this Act all colitracts, covenants, and
agreements whatsoever, in writing or n6t in writing, at any time or times
heretofore made or entered into, or at any time or times hereafter to be made
or entered into, by or between any artificers, journeymen, manufacturers,
workmen, labourers, or other persons in Ireland for obtaining an advance of
wages of them, or any of them, or of any other artificers, journeymen, manu-
facturers, workmen, labourers, or other persons in any manufacture, trade,
business, or occupation, or for lessening or altering their or any of their usual
hours or time of working, or for decreasing the quantity of work (save and
except any contract made or to be made between any niiaster and his journey-
man,^ or manufacturer, for or on account of the work or service of such
joumejnnan or manufacturer with whom such contract may be made), or for
preventing or hindering any person or persons from employing whomsoever
he, she, or they shall think proper to employ in his, her, or their manu£Ekcture^
trade, business, or occupation, or for controuiing •or any way affecting any
person or persons carrying on any manufacture, trade, or business, in the con-
duct or management thereof, shall be and the same are hereby declared to be
illegal, null, and void, to all intents and purposes whatsoever.
II. And be it further enacted, that no artificer, joumejrman, workman,
labourer, or other person in Ireland, shall at any time after the passing of this
Act make or enter into, or be concerned in the making of or entering into,
any such contract, covenant, or agreement,* in writing or not in writing, as is
herein-before declared to be an illegal covenant, contract, or agreement ; and
every artificer, journeyman, workman, labourer, or other person who after the
passing of this Act shall be guilty of any of the said offences in Ireland, being
thereof lawfully convicted before any two justices of the peace for the county,
city, liberty, town, or place where such offence shall be committed, within
three calendar months next after the offence shall have been committed, shall
by order of such justices be committed to and confined in the common gaol
within their jurisdiction for any tiilie not exceeding six calendar months, or
at the discretion of such justices shall be committed to some house of correc-
tion within the same jurisdiction, there to remain and be kept to hard labour
for any time not exceeding three calendar months.
III. And be it further enacted, that every artificer, journeyman, workman,
labourer, or other person, who shall at any time after the passing of this Act
enter into any combination in Ireland to obtain an advance of wages, or to
alter or lessen the hours or duration of the time of working, or to decrease the
quantity of work, or for any other purpose contrary to this Act, or who shall
by giving money, or by persuasion, solicitation, or intimidation, or any other
means, wilfully and maliciously endeavour to prevent any unhired or unem-
ployed artificer, journeyman, workman, or labourer, or any other person
wanting employment, from hiring himself to any manufacturer or tradesman,
or person conducting any manufacture, trade, or business in Ireland, or who
shdl for the purpose of obtaining an advance of wages, or for any other pur-
pose contrary to the provisions of this Act, wilfully and maliciously decoy,
persuade, solicit, intimidate, influence, or prevail or attempt or endeavour to
JLD. 1802^.
43 Oeoroe IIL c. 86.
303
prevEil on any artificer, joumeymany workman, labourer, or other person,
hiied or employed or .to be hired or employed in any manufacture, trade,
ImgmeBS, or occupation in Ireland, to quit or leave his work, service^ or em-
plojment, or who shall wilfully and maliciously hinder or prevent or attempt
to hinder or prevent any manu&cturer or tradesman, or other person, from
employing in his or her manufacture, trade, or business, such artificers,
joazneymen, workmen, apprentices, labourers, and other persons as he or she
ghaD think proper, or who being hired or employed shall without any just or
reasonable cause refuse to work with any other artificer, journeyman, work-
man, apprentice, or labourer employed or hired to work therein, and who
shall be lawfully convicted of any of the said ofiences before any two justices
of the peace for the county, city, liberty, town, or place where such offence
shall be committed, within three calendar months next after the offence shall
haye been conunitted, shall by order of such justices be committed to and
confined in the common gaol within their jurisdiction for any time not ex-
ceeding six calendar months, or otherwise be committed to some house of
eoireetion within the same jurisdiction, there to remain and be kept to hard
kboar for any time not exceeding three calendar months.
IV. Amy for the more effectual suppression of all combinations amongst
atificers, journeymen, workmen, labourers, and other persons employed in any
umi&etare, trade, business, or occupation in Ireland, be it further enacted,
4stali and every person and persons whomsoever (whether employed in any
nikiianufacture, trade, business, or occupation, or not) who shall attend any
seedi^ had or held for the purpose of making or entering into any contract,
cwnint, or agreement by this Act declared to be illegal, or of entering into,
fif^porting, maintaining, continuing, or carrying on any combination for any
popoGe by this Act declared to be illegal, or who shall smnmon, give notice
Hcall upon, persuade, entice, solicit, or by intimidation or any other means
ffldeavoor to induce any artificer, joumeyman, workman, apprentice, labourer,
or other person employed in any manufacture, trade, business, or occupation, to
attend any such meeting, or who shall collect, demand, ask, or receive any sum
d money from any such artificer, journeyman, workman, apprentice, labourer,
or oiher person, for any of the purposes aforesaid, or who shall persuade,
oitiee, solicit, or by intimidation or any other means endeavour to induce
>ny SQch artifieer, journeyman, workman, apprentice, labourer, or other [lersrm
to enter into or be oonoemed in any such combination, or who shall pay any
som of money, or make or enter into any subscription or contribution, for or
towards the support or, eneouragement of any such illegal meeting or eombinar
ticm, or duJl administer or cause to be administered any oath or declaration t/>
any manu&ctmer, artificer, joumejrman, apprentice, or labourer, or Up any jier-
aon or posoDs wh(Mnsoever, tending to fix the price of wages or lalx/ur or wr/rk-
'n^«>*Tp^ or tpnding to fix OT make any rule, order, agreement, or re^ilation,
le^KCting any trade, mamifiM:ture, or business, or the persons employ^l or to be
eoq^lajed ihet&M, or sbsJl iss^ue or eaose to be ii^sued, or deliver ffr cause t/# U^
delivered any ticket, certificate, or token ('Aher than and excejit •iuch tick^^ ^/r
ootifieste as shall or may be delivered by or by the ord/^r ^/f tL^ eorj^/rati</rj
whereof sndt mannfikctarer, artificer, journeyman, or labourer i* <^ hhall \^i a
iBember) to sry sudi manufiKturer, artifieer, journeyman, <«* lat/vurer, of hit;
toeing ficenaed to woik at his c«- their re^»eetive tiade f/r tndeft, wiA who HbaiJ
work with any
other work-s
mail
and al«o all
perHoof who
•hall attend
any meeting
tor the purpoftf
of any KDch ille-
gal ciyntract or
ciMnbtnation, or
who Nhall Mum-
mon, or by in-
timidation, &«.
endeavour to
induce any
wf^kman to
attend Auch
meeting iff
enUnr into noch
corobinatiou,
&c,t (jt who
dhall collet^
or pay any
voituey fifT iiieh
pijfp'jo*^, or
oath*, or i>»ae
304 43 Qboeqe ni. c. 86. AJ). 1802-S;
be lawfully convicted of any of the said offences before any two jnslioes of
the peace for the county, city, liberty, town, or place where such offence shall
be committed, within three calendar months after the offence eball have been
committed, shall by order of such justices be committed to wid confined in
the common gaol within their jurisdiction for any time not iXLieiling sis
calendar months, or otherwise be committed to some house of corroctifls wiltun
the same jurisdiction, there to remain and be kept to hard labour for any time
not exceeding three calendar months.
Penaiiics on V. And be it further enacted, that no person (whether employed
tri^Mto- journeyman, workman, or labourer in any manufacture, trade, business, «
wards any Occupation, or not) shall at any time after the passing of this Act wilfully p&y
cun^or" or gi^^ ^ny 8"™ of money or valuable thing as a subscription ur contribution
noting contrary for the purpose of paying the expences incurred or to be inraiTed byaiy
Bupporting'aDy persou Or persoQS acting contrary to the provisions of this Act, or shall by
person to in- payment of money or other means support or maintain any jouraeynun
lonork.or workman, apprentice, labourer, or other person, or contribute towards lui
nmintainmp support Or maintenance for the purpose of inducing him to refuse to work,flr
collecting mo- to be hired or employed in any manufacture, trade, business, or occuimtion
for the purpose of maintaining or supporting any artificer, jonnieyman, w«k-
man, apprentice, or labourer, who, having been guilty of any offence
\ this Act, shall have been lawfully convicted of the same ; and every
f,- , who shall be guilty of any such offence shall, on conviction thereof before
; two justices of the peace of the county, city, liberty, town, or place where
S, offence shall be committed, forfeit and lose any sum not exceeding the i
;. of ten pounds ; and every journeyman, workman, labourer, and every
? ■ who shall collect or receive any money or valuable thing for any of
■i purposes aforesaid shall on like conviction forfeit and lose any sum
I exceeding the like sum of ten pounds, according to the discretion of the ji
' Application of before whom sucli offender or offenders shall be convicted ; .such ]jeiialt
t, - p«naltieK. respectively to be forfeited, one moiety to his Majesty, and the otlior mtai
1 to the informer, to be equally divided between them,
J. Any vorkman, VI. And be it fiirthei' enacted, that ifany manufacturer, artificer, joumeynu
''■ "n^m^t^" workman, or labourer, being engaged with any master, mistress, or employa
^ ■ Bhall refuse to in Ireland, shall after such engagement, and during the time for which he s^
I ' lbL^t°h\miflt, be so engaged, refuse to work, or shall absent himself from the service of tlK
f or EhiUl pre- person by whom he shall be so employed as aforesaid during the accustomat
r Inm working, hours of working at such trade or occupation as be shall be accu.stomed to bi
. or Bhall return emoloved at, or if hired by the week, month, or year shall nedcct to come to
r his work before ,"^, , i.- . .i, >
conipiete<l, work each ana cveiy day during the said term on any account or pretext
Bliali be com- .^hatsoever, unless prevented by sickness or some other reasonable c:ii
nutted to aaol ■*»•■—" _ f . . _•' ^
pnrpcBcs.
milted lo gaol
the satisfaction of the justices before whom complaint shall be iiiiulc oi -liall
hinder, prevent, or molest, or attempt to hinder, prevent, or molest iiTiy j.ci .m
or persons from working at any business or occupation on accoinit nf iLe ^aiii
persons being foreigners, strangers, or natives of any other part of tlu' I'uitc-d
Kingdom, or of any other county, city, or place within Ireland, or i >n any other
account whatsoever, or shall refuse or neglect to work in the tiixiK' ui- calling
he shall be so engaged for,and in an usual and reasonable mannei', luitii,' t]im>-
unto required by his employer, or shall return his work before tin- ••a.uv.' shall
be completely finished without the consent of the person or per:i'>iis by wliuoi
i
A.D. 1802-3.
43 George III. c. 86.
305
he shall be so employed, unless it be- for some reasonable and sufficient cause
io be allowed by two justices of the- peace in their respective jurisdictions, and
shall be thereof convicted before any two justices of the peace for the county,
rity, liberty, town, or place where such offence shall be committed, it shall be
lawful for such justices of the peace by warrant imder their hands and seals
to eommit the person or persons so convicted to the common gaol, there to be
^pt without bail or mainprize for any time not exceeding six calendar
months, or otherwise at the discretion of such justices to some house of
eonection within their jurisdiction, there to remain and be kept to hard labour
for any tiroe not exceeding three calendar months.
VII. And be it further enacted, that if any master workman in Ireland, or
any person whatsoever for him, by his direction, or with his privity, shall
lawwingly receive, employ, or entertain any artificer, journeyman, manufac-
torer, workman, or labourer already employed or retained by another, during
the ^e such artificer, journeyman, manufacturer, workman, or labourer shall
k 90 employed or retained, without leave of the person or persons by whom
sQch artificer, journeyman, manufacturer, workman, or labourer shall be so
NBployed or retained, every such offender being thereof lawfully convicted
belrae any two justices of the peace for the county, city, liberty, town, or
phee where such offence shall be conunitted, shall for every such offence
fiifa't and pay any sum not less than five pounds nor more than twenty
foods; one moiety thereof to be paid to the person aggrieved, and the other
■Hfevto be paid to the trustees of Stevens's Hospital in the city of Dublin,
fiirtkeve of the said hospital, if the offence shall have been committed in
fcewnty or in the county of the city of Dublin, and to such publick charity
pHAl the county, city, or place in which the offence shall have been com-
mttedy as the said justices shall direct, in any case where the said offence
i&all have been committed out of the county or .the county of the city of
DoUin.
Any master
employing a
ihan retained
by another,
^without bis
leave, sball
be liable to
penalty.
Application of
penalty.
IX. Anb be it further enacted, that all undertakers or contractors for work
m Iieland shaU be considered as masters in respect to all matters and things
eontained in this Act,. so far as relates to the journejnnen, artificers, workmen,
and labourers employed by them.
Contractors
for work shall
be considered
as masters.
XL And for the more effectually enforcing and carrying into execution
the provisions of this Act, be it further enacted, that on complaint and
iBformation on oath before one or more justice or justices of the peace of any
offence having been committed against this Act within the respective juris-
dictions of such justices, such justice or justices is and are hereby authorized
imd required to summon the person or persons charged with being an offender
or offenders against this Act to appear before any two justices for the county,
dty, town, or place, within which the offence shall have been committed, at
a eertain time and place to be specified ; and if any person or persons so
nmnoned shall not appear according to such summons, then (proof on oath
having been first made before them of the due service of such summons upon
neb person or persons by delivering the same to him or them personally, or
leaving the same at his or their usual place of abode, provided the same
^all be 80 left twenty-fotu* hours at the least before the time which shall be
TOLw IV. U
Justices may
summon of-
fenders, and
on their not
appearing may
issue warrants
for apprehend-
ing them, and
on their ap-
pearing, or on
proof of their
absconding,
may hear and
determine the
matter of com-
plaint, and if
penalties arc
nut forthtvith
paid may com-
f; ^
306
43 George III. c 86.
A.D. 1802-3.
I-
i'
r »
r.
r
t «
i'V '
i\\.
f-
init the parties
to gaol or a
house of cor-
rection.
No master in
the trade in
which any of-
fence is charged
to have heen
committed,
shall act as
such justice.
Justices may
summon wit-
nesses, and for
non-appear-
ance or refusal
to give evidence
may commit
them.
appointed to appear before the said justices upon such summons, and provided
al^o, that such summons shall, in the case last mentioned, be delivered mto
the hands of some person above the age of sixteen years, then resident in the
usual place of such person or persons), such two justices shall make and issue
their warrant or warrants for apprehending the person or persons so stim«
moned and not appearing as aforesaid, and for bringing him or them before
such justices ; and upon the person or persons complained against appearing
upon such summons, or being brought by virtue of such warrant or warrants
before such justices, or upon proof on, oath of such person or persons abscond-
ing, so that such warrant or warrants cannot be executed, then such two
justices shall and they are hereby authorized and required forthwith to
make enquiry touching the matters complained of, and to examine into the
same by the oath or oaths of any credible person or persons, and to hear and
determine the matter of every such complaint, and upon confession by the
party, or proof by one or more credible witness or witnesses upon oath (which
oath either of such justices is hereby authorized and empowered to administer
in such case, and in all other cases where an oath is to be taken before
any justice or justices of the peace in pursuance of this Act), to convict or
acquit the party or parties against whom complaint shall have been made as
aforesaid, and to- give sentence for the forfeiture or penalty incurred under
and by virtue of this Act ; and in case such forfeiture or penalty shall not
be forthwith paid pursuant to such conviction and sentence, such two jus-
tices shall and may by warrant under their hands and seals commit the
offender or offenders to the common gaol within their jurisdiction, there
to remain without bail or mainprize for any time not exceeding six calendar
months, nor less than two calendar months, unless such forfeiture or penalty
or wages shall be sooner paid or satisfied, or otherwise at the discretion of
such justices to some house of correction within their jurisdiction, there to
remain and be kept to hard labour for any time not exceeding three calendiff
months, unless such forfeiture or penalty or wages shall be sooner paid and
satisfied
XIL Provided always, and be it further enacted, that no justice of the
peace, being also a master in any particular trade, manufacture, or occupation,
in or concerning which any offence is charged to have been committed under
this Act, shall act as such justice under fhis Act ; any thing herein contained,
or any former statute, law, usage, or custom to the contrary thereof in any-
wise notwithstanding.
XIII. And be it fiirther enacted, that it shall be lawful for the justice or
justices of the peace before whom any such complaint or information shall be
made as aforesaid, and he and they is and are hereby authorized and required,
at the request of any of the parties, to issue his or their summons to any
witness or witnesses, to appear and give evidence before such justice or
justices, at the time and place appointed for hearing and determining such
complaint, and which time and place shall be specified in such summons ; and
if any person or persons so summoned to appear as a witness or witnesses as
aforesaid shall not appear before such justice or justices at the time and pla^ie
specified in such summons, or offer some reasonable excuse for the default,
or appearing according to such summons shall not submit to be examined as
a witness or witnesses, and give his or their evidence before such justice or
•
^
iD. 180»-a
43 George III, c. 86.
307
JQS&es toaching the matter of such complaint^ then and in every such case it
shall he lawful for such justice or justices, and he and they is and are hereby
authorized (proof on oath in the case of any person not appearing according to
gach summons having been first made before such justice or justices of the due
gervice of such summons on every such person, by delivering the same to him
or her, or by leaving the same twenty-four hours before the time appointed for
sodi person to appear before such justice or justices, at the usual place of
abode of such person), by warrant under the hand or hands of such justice or
justices, to commit such person or persons so making default in appearing, or
appearing and refusing to give evidence, to some prison within the jurisdic-
tion of such justice or justices, there to remain without bail or mainprize
until sach person or persons shall submit hiipself, herself, or themselves to be
examined, and give his, her, or their evidence before such justice or justices
16 aforesaid
XIV. And be it further enacted, that the informer or prosecutor shall in
e?eiy case under this Act be deemed a competent witness to prove the offence
duuged ; and that all and every person and persons who shall or may offend
against this Act shall and may, equally with all other persons, be called upon
and compelled to give his or her testimony and evidence as a witness or wit-
Msses on behalf of his Majesty, or of the prosecutor or informer, upon any
ialbrmation to be made or exhibited under this Act against any other person
^ peisons not being such witness or witnesses as aforesaid ; and that in all
SB&ofies every person having offended against this Act, and having given
Ks or icr testimony or evidence as afbresaid, shall be and hereby is indem-
iMolf from, and against any information to be laid or prosecution to be
cameiiixd against him, her, or them for having offended in the matter
wierein or relative to which he, she, or they shall have given testimony or
cndeooe as aforesaid.
Informers and
prosecutors
shall be deemed
competent wit-
nesses ; -and *
offenders may
be compelled
to give evidence
against others,
and having
given^ such
evidence, shaU
be indemnified
for having
offended.
lYn. And be it further enacted, that if any person convicted of any
offence or offences punishable by this Act shall think himself or herself
aggrieved by the judgement of the justices before whom he or she shall have
heen convicted, such person shall have liberty to appeal from every such con-
^fietion to the next court of general sessions or general quarter sessions of the
peace which shall be held for the county, city, town, or place wherein such
offence was committed ; and that the execution of every judgement so ap-
pealed from shall be suspended, iA case the person so convicted shall, with
twosuflScient sureties, immediately enter before such justices into a bond to
liis Majesty, his heirs and successors, in the penal sum of double the amount
of the penalty so incurred or forfeited ; or in case such conviction shall contain
A judgement of imprisonment, such appellant shall immediately enter into a
recognizance before such justices, himself in the penalty of twenty pounds,
with two sufficient sureties in the penalty of ten pounds each, (which bond or
recognizance respectively such justices are hereby authorized and required to
take) ; and such bond or recognizance shall be conditioned to prosecute such
appeal with effect, and to be forth coming to abide the judgement and deter-
mination of the said next general sessions or general quarter sessions, and to
pay such costs as the said court shall award on such occasion ; and the justices
in the said next court of general sessions or general quarter sessions are hereby
u. 2
Appeal may be
made to tHe
quarter ses-
sions, and
judgment
suspended
pending the
appeal, on |
secnri^ being
given.
308 43 George HI. c. 8C. A.D. 180^-3.
authorized and required to hear and determine the matter of the said appeal, j^
and to award such costa as to them shall appear just and reasonable to W
DeciHioD of paid by either party ; which decision shall be final between the parties to
■ions Bhaii be all intents and purposes, and no writ of certiorari or other writ or process
^"^ shall be allowed for removal of such proceedings into any of his Majesty's
Ifthejuilg- superior courts of record ; and if upon hearing the said appeal the judgement
ju^c^ Bbaii of the justices before whom the appellant shall have been convicted shall be
be affirmed, affirmed, such appellant shall forthwith pay the forfeiture or penalty (if any)
Bhaii^tfiythe mentioned in such conviction, and the costs awarded to be paid by suet
penalty and appellant ; and in default of payment thereof, or in case such conviction shall
' contain a judgement of' imprisonment, such appellant shall immediately be
committed by the said court to the common gaol or house of correction,
according to such conviction and for the space of time therein mentioned,
without bail or' mainprize, and also until the payment of such costs as shaU
be awarded by the same court to be paid by such appellant.
Act not lo XVIIL And be it further enacted, that nothing in this Act contained shall
povOTB now extend, or be construed to extend, to repeal, take away, or abridge the powers
given bj law anj[ authorities now by law given to any court or to any justice or jasticeE
or to jiutices of the peace in Irelaud, touching any combinations of artificers, maoufacturen,
tonching cOTn- journeymen, workmen, or labourers, or for settling and adjusting the rate or
tTorkmcn, && amount ot w^es to be paid to such journeymen, workmen, or other peisonF^.
or the mode or time of their working or being employed, or the quantity of
work to be done, or touching any matter whatsoever also provided for by this
Act ; but that all such courts and justices shall and may continue to use,
exercise, and execute all the powers and authorities given to them in &nd by
any law or statute or any of them now in force in Ireland, in such and the
same manner as they could or might have done if this Act had not been made ;
anything herein contained to the contrary in anywise notwithstanding.
No person XIX. PROVIDED always, that no person convicted of any offence agnin.st
5.U Art'sb^r th" Act, and who shall suffer for the same accordingly, shaU be otherwise
be otherwise punished or suffer for such offence by authority of any other law now in force
in Ireland.
UmiiatioD of XX. And be it further enacted, that if any action or suit shall be bxx>uglit
* ""*' or commenced against any person or persons for anything by him, her, or
« them done or executed in pursuance of any of the provisions in this Act, such
■ action or suit shall be commenced within three calendar months next aft«r
the matter or thing done, and shall be lai<I iu the proper county ; and the defendant
General issue, or JefendantB in audi action or suit may plead the general isaue, and give the special
matter in evidence for his or their defence £Rep., Stat. Law Rev. Act, 1872.J ; and if
upon trial a verdict ehall pass for the delendant or defendants, or Hie plajDtiff or
pliuntiffs become nonsuited, or discontinue his, her, or their action or profiecation, or
judgement shall be given against him, her, or them upon demurrer or otherwise, then
TrebLe cost*. guch defendant or defendants shall have treble costs awarded to him or them against
such plaintiff or plaintiffs. JBep., 5 & 6 Vicl. c. 97. s. 2.j
Fen^ty shall be XXI. Akd be it fiirther enacted, that all sum and sums of money, iienalties,
^SJ^cj"* and forfeitures in this Act specified, mentioned, and contained shall be paid
and jjayable and received and receivable in Irish currency, whether the same
be so expressly mentioned or not.
AJ). 1802-3.
43 George III. c. 89, 99.
309
CHAPTER LXXXIX.
Ax Act for providing Belief for the Families of Militia Men in Scotland when
called out into actual Service. [11th July 1803.]
XXL And be it enacted, that from and after the passing of this Act no No subetitute
snbstitate shall be received for any ballotted man in the militia of Scotland, ceWed having
which substitute shall have more than two lawful children bom in wedlock ™ore *^"» ^^
•at tiie time he shall be produced to be enrolled in terms of an Act passed in
the forty-second year of the reign of his present Majesty, intituled "An Act 42Geo.3.c.9i.
*' to raise and establish a militia force in Scotland,"
• • * * • *.* •'•
■ ^^ ^LJLcl-^'i
CHAPTER XCIX. "<^*y- J^^^ul/uJA^
As Act for consolidating certain of the Provisions contained in any Act or C^/ , /^y
Acts relating to the Duties under tie Management of the Commissioners /
for the- Affairs of Taxes, and for amending the same. [27th July 1803.]
TTTHEREAS it is expedient that certain! of the provisions and powers contained
M in anj Acts ia relation to the duties ol windows or lights, on inhabited houses,
on servauts, carriages, horses, mules, and dogi, and other the duties lately transferred
to the commissioners for the affairs of taaes should be reduced into one Act of
PnSunent, and amended in the particulars therein mentioned : Be it enacted by the All duties now
^soost excellent Majesty, by and with thcl advice and consent of the lords spiritual luader thfe ma-
wAteaporal, and commons, in this present Parliament assembled, and by the authority ^ement of
o^tlttme, that all the said duties now under the management of the commissioners ^ion^^^r the
fiv'tlieafaics of taxes (except the nionies arising from the aid granted to his Majesty affairs of Uxes
^iind tax by an Act passed in the thirtyteighth year of the reign of his present to be levied
Ji»^^), so far as the same relate to England, Wales, and Berwick-upon-Tweed, under the re-
sb»H bom and after ^the time herein -after mentioned for the commencement of this S ^T^^^f .
Act, be assessed, raised, levied, and paid undv the regulations thereof. {Rep., Stat, ^p^ tbeland
I-iirBev.Act, 1872.J tax.
•ae* * * *
ms Y
hereafter be placed under the manage-
irs of taxes to be assessed under the
, that this Act with respect to the said Application of
effect from and after the times respec- *^"*. Act to new
uch duties for the commencement of the
tike
IIL And whereas new or other duties
meat of the said commissioners for the aff
r^ulaiions of this Act : Be it further enactid
last-mentioned duties shall be construed to
tirely appointed by the Act or Acts granting
same. {Rep., Stat. Law Rev. Act, 1872.2
• • * • •
VIII, And be it further enacted, thai in case of any controversy arising
between such commissioners in any matter or thing touching the execution of
any Act before mentioned in which any p)mmissioner or commissioners shall
be interested in his or their own right, orlconcemed in the controversy in the
right of any person for whom they shall act as steward, agent, attorney, or
solicitor, the commissioner or commissionek'S so interested or concerned shall
have no voice, but shall withdraw during tne debate of such controversy until
it shall have been determined by the restVof the commissioners, on pain that
every commissioner who shall $o act in anv matter or thing in which he or
they is or are interested or concerned as afoi^id shall forfeit and pay the sum
of fifty pounds.
IX. And be it further enacted, that 8uch\ commissioners as shall be duly
qualified to act in the execution of the Acts Uefore mentioned, in order to the
speedy execution thereof, shall, in the respectiye hundreds, laths, wapentakes.
duties.
Commissioners
conceraed
either in their
own right, or
as agents, &c.,
to have no
Toice in con-
troversies, but
to withdraw
und^ penalty
of 50/.
Commisnoners
to meet an-
noallj on or
before the 10th
of April.
\
43 Qeorqe IIL (
A.D. l&()2-:j.
The person mj
elected lo bf
cleric for all lli
one year, Dud
movable, ex-
a spcuioJ
meeting.
UttbcMUJ
iDertiti^ tc
rapes, wards, or other diatricta, cities, boroughs, cinque ports, towns, and |ilace*
in the several counties, ridings, and divisions for which they are or shall be
appointed to be commissioners, meet together yearly and every year at tho
most usual or common place of meeting within such districts, cities, boroughs,
cinque ports, towns, and places respectively on or before the tenth day of
April yearly ; and any two or more of them shall hold such meeting or any
other meeting of conmussioners authoiized by this Act or the Acts before
mentioned, and shall be competent to do any act, matter, or thing thereb;
required to be done by such commissioners ; and such comnussioneis, or so
many of them as shall be present at the first meeting to be holden in every
year, or the major part of them having qualified themselves by taking or
having taken the oaths in manner herein directed \*\, shall elect one lit ani
sufficient person to be their derk, and one oUier fit and sufficient person, if
the said commissioners shall deem it necessary, to be his assistant, for all tbe
assessments to be made of the several duties with which the said coDunissioners
shall be charged within their respective limits for one year, and which jxi-sou
so elected shall by virtue of such election be the sole clerk to such comiu: -
^' sioners for all the said assessments to be made by them for such year, m\
which clerk shall not be removable from his said office during the yeni' fji
which he shall be appointed as aforesaid, except for just cause, and at a miLtiiig
of the commissioners for that purpose duly summoned by notice in witing
signed by two or more of such commissioners and left at the usual place of
abode of each and every of the commissioners who shall have qualified ta
aforesaid in and for such district, city, bqrough, cinque port, town, or place,
j and by the major part of the commissioners present at such meeting; and
such commissioners shall also at such their first meeting direct their several
and joint precept or precepts to such inhabitants of each parish, ward, or place,
i_ and such number of them as they in their discretion shall think most con*
' venient, to be presenters and assessors for such parish, ward, or place, requiring
them to appear before the commissionets at such place and at such time, not
exceeding ten days after the date of their precepts, as they shall appoint ;
- and at such their appearances the commissioners or so many of them as ^lutll
meet at such their second meeting shall appoint such of the said Lnhabitanu
* as they shall think proper to be the assessors for such parish or place of the
several duties with which the said commissioners shall be charged as afoiesaiii,
for one year, and at the same time shall openly read or cause to be rea^l unlo
them the several duties for which they are to be appointed assessors, and
openly declare the efiect of their charge unto them, and how and in what
manner they ought and should make their certificate and assessments of tlie
said several duties, and shall then and there appoint another day within tli'
time herein-after limited for the said persons to appear before the said com-
missioners and bring in their certificates of assessments of the said scver:ii
duties in writing under their hands, which shall be verified upon their oathe oi*
solemn affirmations, and not otherwise; which said assessors are hereby
strictly enjoined and required with all care and diligence to charge and assess
themselves, and all other persons chargeable with the said duties so given to
\' The provisions of this Act as to the taking of oaths by the conuniaaioners are rep.)
Stat. Law Eev. Act, 1872.]
iD. 1802-5.
43 George IIL c. 99.
311
them in charge, and to make their assessments according to the provisions of
tbe laws then in force, upon pain of forfeiture of any sum not exceeding
twenty pounds nor less than five pounds ; and at the time and place so as
aforesaid prefixed for their appearance such assessors shall return the names. of
two or more able and' sufficient persons within the bounds or limits of those
parishes or places for which they shall be assessors respectively to the said
eofflmissioners, to be by them appointed collectors of the several duties to be
raised and assessed by them as such commissioners.
X. Aio) be it forther enacted, that every person to be appointed such assessor
fibaUy before he shall take upon him the execution of the said employment, take the oaths
neationed and required to be taken by an Act made in the Parliament held in the first
year of the reign of King William and Queen Mary, intituled " An Act for abrogating
" the oaths of allegiance and supremacy, and appointing other oaths," or, being one of
tbe people called Quakers, may make and subscribe the declaration of fidelity prescribed
l^ an Act made in the first year of the reign of King William and Queen Mar}',
mtitaled '* An Act for exempting their Majesties protestant subjects dissenting fi'om
** the Church of England from the penalties of certain laws " ; which oaths or affirma-
tii»s piep., 34 & 35 Vict. c. 48.J any one or more of the commissioners by whom
SQch assessors shall be appointed, who shall themselves have taken the oath required
\fj this Act to he taken by commissioners, {Bep., Stat Law Rev. Act, 1872. J have
hoeby power and are hereby required to administer, as also all and every
sodli other oaths or affirmations as are by this Act or any Act or Acts relating to
Arties to be assessed under the regulations of this Act required or allowed to
Vetikea before such commissioners by any officer or person whatever, in any
mttaor thing touching the execution of this Act or any Act or Acts granting
ibe suj duties as aforesaid.
Hand be it further enacted, that every person to be appointed such
iMsor shall and he is hereby required also to take the oath, or, being one of
& people called Quakers, to make and subscribe the solemn affirmation before
tile eammissioners for executing this Act in the form set forth in the schedule
to this Act annexed marked (B.) ; and if any person to be appointed assessor
as aforesaid shall presume to act in the office or employment of an assessor
befofe he shall have taken the said oath or affirmation (as the case shall
i^uire), he shall forfeit and pay for every such offence the sum of fifty
pounds.
X^. And be it further enacted, that in all cases the assessors so to be appointed
H aforesaid shall from time to time make and deliver in writing their certificates of
Basessments of all the duties given to them in charge as aforesaid unto the respective
coamussionersy or any two or more of them, on or before the fifth day of June yearly,
or as soon after as conveniently can be done, and {Bep^ Stat. Law Rev. Act, 1872.]
the commissioners to whom such assessments shall be so delivered, or any two
or more of them, shall forthwith set their hands to the said res[>ective ajf^sess-
ments, testifying their allowance of the same ; and the said commissioners, or
toy two or more of them, are hereby required to sign and seal three duplicates
of the said assessments, to be prepared by their clerk, and forthwith to nomi-
nate and appoint two of the persons named or presented in each of such
assessments to be coUectors or any other two such persons as such commis-
sumeis are hereby authorized to appoint for the respective divisions and places
for which collectors shall be so presented, and to deliver or cause to be delivered
one of the said duplicates of such assessments so by the said commissioners
aOowed, together with warrants under the hands and seals of two or more of
the said eommiasioners for collecting the same, unto tbe resijective it^rrifjtm by
under a pennlty
not oxceedinf^
20/. nor less
thiin 5/.
ASHCSHOrH to
return namcH
of persons to
bo coUectors.
Oaths to be
taken by as-
sessors.
Commissioners
empowered to
administer
oaths under
this Act.
Assessors not
to act before
they have taken
the oath in
schedule (B.)
under penalty
of 50/.
AsMssontd
deliver aMCM-
mentM on or
before ftth
June yearly.
Cf>mvaMnnern
Ut Mign three
duplieateft of
tbe aM4M:*H«
iiu?nt« % to ap-
p<jintcoILect#jr«;
and Ut deliver
one of i\u: dij-
pj^;:*te» Ut ftieh
ctt\h'tiV»r% with
warranto it/r
eollecti/)^, and
aw/iher Uf tfie
n^e third 4a-
'J^ I
.?'■■
5:;
r
r-»i
P.
^
312
43 George : II. c. 99.
J
*(
A.D. 1802-3.
•■■ ■ i
plicate to be
kept for the
icommissioners.
I
•
V-
"■» .
» .■ »
•i.
rv
r-
Collectors to
demand duties
within ten days
after they are
due ; and to
give acquit-
tances.
•
W ' ■
1- .
•
Collectors to
|five security,
if required.
Appoiiitment
of other per-
sons in case of
failure to give
security.
p
ft ■
>
If inhabitants
r '
of district or
churchwar-
dens, &c. re-
A •
quire security
r
to be taken
> , -
from collectors,
^
and name fit
1
persons willing
to give such
security, no
•--
collectors shall
I
them nominated to be collectors, and oip other of the said duplicates to the
surveyor of the district for the time beinb, and the third of the said duplicates
to be kept by such clerk for the use of Ihe said commissioners ; and the said
collectors are hereby enjoined and required to make demand of the several
sums contained in such duplicates from I the parties charged therewith, or at
the places of their last abode, or on the Premises charged with the assessment,
as the case may require, within ten days lafter the said duties shall respectively
become payable next after siich assessmints shall have been delivered to them,
and upon payment thereof to give acluittances under their hands (without
taking anything for such acquittances, Ihe stamp duty for the same excepted,)
unto the several persons who shall payjthe same ; and that such acquittances
shall be full and perfect discharges tol every such person who shall pay the
same, agaipst his Majesty, his heii*s anJ successors.
XIII. And be it further enacted, thit such persons as shall be presented to
the said commissioners as before directed to be collectors shall, if required so
to do, give good and sufficient securitylto any two or more of such commis-
sioners, equal to the amount of the w]
assessed in and to be collected in ea<
collectors respectively, for their duly
as shall come to their hands, and for
of the respective persons from whoi
nonpayment thereof, their duly enfor<
>le duty and sum and sums of money
district or place as aforesaid by sudi
kying such monies assessed as aforesaid
leir duly demanding the sums assessed
the same are payable, and, in case of
Lg the powers of this Act against sacb
who make default ; which security thd said commissioners, or any two or more
of them, are hereby authorized and empowered to take by a joint and several
bond, with two sureties at the least, tl and in the names of any two or more
of such commissioners, in such pena sum as aforesaid, and with a condition
thereto to the effect before mentioned ; and on -failure of the persons so first
named or appointed to be collectors giving such security, if required, the
said commissioners, or any two or un re of them, shall be at liberty and are
hereby authorized to appoint any oth sr sufficient persons who can give such
secuiity as aforesaid residing within t le limit of the same district or place to
be collectors of the said duties respe jtively ; and every such bond given by
way of such security as aforesaid sha I be prosecuted by such commissioners
on any failure or default of the said collector or collectors :
• • • Provided also, that such bone shall not be subject to any stamp duty
whatever : Provided always, that if no persons can be found within the
limits of such districts or places res )ectively who are willing or able to give
such security, then and in such case he persons who were first presented to
the respective commissioners as bef re directed shall be collectors of the
monies asssessed as aforesaid withii the limits of such districts or places
respectively.
XIV. Provided always, and be it i iirther enacted, that if any two or more
of the inhabitants of the district o place for which a collector or collectors
may be named as aforesaid, being r jspectively charged to any of the said
duties to be assessed under the regul itions of this Act, or the churchwardens
or overseers or guardians of the poo of any description, or any two or more
of them, or the select vestry, or an] seven or more of them, where a select
vestry shall be authorized to act for a ly parish or place, shall require security
to be taken of the collector or collecto 's to be appointed for the parish or placo
JLD. 1802-a
43 G)DOWS£ III <!. !!^d.
S\S
m behalf of whidi sodi a)>plk9itit>ii {^)| W iua«U\ *w4 ^Jv^U tt^^H\^ {|^ fit l^\\^<
proper perscm or persons to Ite a cotkH^U^ ^>r ci4KvUmn \xUo ivv|MH^ti\>4v «^^v
willing to give such security, it shall iK>t MUvrful tW «uoU wuu\\i?^>^h\^\^^^^ ^\
appoint collectors for such duties or any of them until mit'h .H\H?\unt^v Iv j^i\vi\ ;
Mid if the person .or perscMis returned U> tie said commiwi\m«^i^ •^iH>n>ih\)^ h^
this Act to be a collector or collectors sliall not hA\*\* gi\n?^n ov rI\«I1 Wwi ^\\\^
such secQtity, then it shall be lawful for auf i cinunuA.siotuMi^ to nppoiui n\\\A\
peraoQS, and no others, who shall have bee
req)ectively before mentioned as fit and pi
vho will give such security as shall be requi
named to thetu l\v tl\^ pi^^'soim
)er pemmw to W ovilloctofw, nml
d.
uting thJM Art wlio nimll iMnldc
olloctorn re«|H»ntivply ftif* in )h»
0 coininiflHioti(«rfl i)wvB rpHM^fii,
inti;rf<fre ; AfHl It nhnW )i» kwfdl
XV. And be it further enacted, that wlhin tho blllw of mortftlliv, ilii*
ptrishes of Saint Marylebone and Saint Pan(l*an in tho oounty oP MI(I(IImmmx,
the appointment of the collectors of such |utieH ah ufot'nnaiil nlmll liMlntt^
vhoDy to such of the commissioners for ex
in the wards or parishes for which such
appcHnted, in case there shall be two or m
md so other commissioner shall in such cos
fTTsodi commissioners residing within the rfcpfjctivo wanlrt or ]mmhf^» nftm*-
mi to appoint two or more persons to Tj| C4Ah'A^frH who fthall hnvh ^)v^ff
■di aecority as aforesaid, whether such ]>e
ieiflBesaofS as aforesaid or named by the i
woos or gnardians of the poor or any t
viMe o£ the vestiy where a select vest
aiiio shaQ be thought by saeh cfjmmvmf:
tfejfiee of coQeetnr; and that, in de^l
fBSf^ who shall he willing to give ^meh
os&ig as a&resaid :ihan name sfntii piervm.^
CBCOK Ae said ofiice: IVoviiied always,
ioBBs AaH not be resdt^nt m any .%iich w;^r<
fluItttDra are to be app«/ini>^. uhen a ^rtmmi
Banya^aoQit ward or pariah in tlie
taaaa with a commiflfdoner v> residing in t;h*4app^»intm**4\t ''if VM5h /y»'i*^At/^4 ;
ttd every peisan.appoinsed acoLleeCi^r in p>ii*^naiiAe yf t(\\^ A<^ ^ha*! aW^ ryy
vntoft of such* appoinonenc. act aM an ^atsv^^stik i^ the .«me x^.'*h ^^r4 >r
pfaoCL i
■
■
IVI And be It ftrriier '^naftrM, :hat ^t' iiv i^f^-^^^r >r /«/ ii*»,'H^y,»- v, -/»
appointed as atbrpjuud ihail .vfifnily n^^it-rt ^^ n*?iii^ %. ^.ai(»> ir^^n >m»><»^.'i^
we office of an aasesKiir tr yuli^f^rir •♦» v''.ii*4 '^** 'f»Ail »-• iiiry-Juf^^f -^#» vK',i|
*iifiillr ni^Iect -jr refiisi*' •:4> v-rTomi '.u> inf.* l -5i#^ !ii^ imf o,*>,>/'v 'v*-^,**;/ o
'^ this Act, or of anv .Ut; yr XirTM 'ranrin:* js|t;r-9 -•> w» »-<afKrf»p.,i 7t>/*^- ->./v
''filiations «>f this Act rlr tmc^ .h* -f.;»il ••* vTJvintwt wi ?-op«orr -r % .^/-^r.r
nch oonmiiafiionem. >r «ir -\rri .r .nrrP' -vf* -;%rn t.*x- >r..-* >.>♦! -r- -v»»7a /
*^ Act impose on -iucti ft<^*jn *r ir>r«.f ni* ^o .f^.^^n.^ -jr i^';;^jH.r*f»r,^» >»» ^-.^^-
JUiairitiiig any tnrr. ',*»rr..:.vr. >r -..-vn vr^^^j^r*" >.;*:' •> •rr.-.-^'.i'* -,. .#i
oaweaaor or L'oiU^ftrrr '*i I* *xir ^rr t* r.<»h ?. 4ki*^ n ir.- ,.^p^^ r ..>*»>*^ »-f
* the limitA of 'he- ntir .«Mv.i.^'r. >r i.-v^^ •i»r~4^;'5ij** rv •'•••.*{! »** *^>j»
IS shall havf? b*«^fi \m*m'UU^A fry
labitantH or chfirfjhwaf<lH»fl nuA
or mfff^ (A ih^in, m nny n/'V/'fj
iball Tie ti\f\f(Ani/hA n^ HPfto^ftuf^
to Tie (ft HinVtif Ur ^xH'ttf^
(A pffswnfitiDg (ft ffMfnfti( ntf/'h
ity, then the -^aid ^//Tfrrrr wk^f^z-rat
they ^bail tbmk ^if ^Kilify f<v
CiT parish ak aft'^T'^ficaid for '^h\^h
i<'>ner <ir <j6mwi*wk>n^r55 »^^<?i«'JiT\^
of H»MthllifV
hihI mi Mh^5
l»'luih»« Mti»l
h<
1 ,.
n.\.
314
43 GEiROE II L c 99.
A.D. 1802-3.
I
*
6-.
it.
'r
i
r
In priyileged
and other
extnv-paro- ^
chial places,
and ^vbere two
Sufficient inha^
bitants cannot
be found, the
conmiissioners
shall appoint
persons living
in or near such
places assessors
and collectors.
XVTI. And be it further enactld, that in all privileged and other places,
being extra-parochial, and not witliin the constablewieks or precincts of the
respective assessors to be appoint^ as aforesaid, and in all parishes and places
where two able 4nd sufficient iimabitants cannot be found, the si^d cominis-
sioners or any two or more of them shall and they are hereby required to
nominate and appoint two fit perlons living in or near the said privileged or
other places as aforesaid to be aalessors for the said places, and to make and
return their said assessments in likp manner as by this Act is directed in any
parish or place, and also in like I manner and in the like cases to appoint one
or more collector or collectors, pho are hereby required to collect and pay
:ge, according to the rules prescribed by this
le sums of money assessed in any parish or
If assessors ■
neglect their
dut7« surveyors
may perform'
the same.
the sums given to them in chj
Act for collecting and paying
place.
IXVIII.*J And be it further
neglect to appoint assessors as
them appointed shaU neglect tj
them, that then and in every
surveyor or surveyors appointee
and perform such and the like
until such assessors shall be ap]
Officers eze-
eating this Act,
or other Acts
herein men-
tion^, not
liable to any
other penalties
than sach as
are contained
therein.
His Majesty or
the Treasury
may from time
to time appoint
officers for the
surrey and in-
spection of
duties under
commissioners
01 taxes.
Surveyors to
certify sur-
charges twice
in the year.
Notice thereof
to be given to
the party sur-
charged.
;ted, that in case such commissioners shall
[rected by this Act, or in case the assessors hy
perform what shall be lawfully required of
mch case it shall be lawful to and for the
or to be appointed as herein mentioned to do
srvices as ought to be done by such assessois,
minted and shall act with effect.
XIX. Provided always, and Ibe it Airther enacted, that no commissioneTi
assessor, or collector who shall be employed in the execution of any such Act
or Acts herein mentioned, ot o\ this Act, shall be liable for or by reason of
such execution to any penalty or penalties other than such as by this Act or
the said Act or Acts are or may] be inflicted
XX. And be it further enacfed, that it shall 'he
lawful to and for his Majesty, 1ms heirs and successors, or the lords commis-
sioners of the Treasury or any ihree or more of them now or for the time
being, or the high treasurer for he time being, from time to time to constitate
and appoint such person or pers )ns as his Majesty, his heirs and successors, or
the said commissioners of the IVeasury, or the high treasurer for the time
being shall thiiik proper, to bej the officers for the survey and inspection of
the duties imder the managemept of the commissioners for the affairs of taxes
within that part of Great Brimin as aforesaid, and for doing and executing
all things belonging to the ofllce of inspector or surveyor, according to the
powers vested in them by thisJAct, or by any other Act or Acts for granting
the said duties to be assesseq under the regulations of this Act, or any of
theuL
XXI. And be it further eActed, that every such surveyor or surveyors,
inspector or inspectors shall twice in every year, to wit, between the first day
of July and the tenth day of August following, and between the first day of
December and the tenth dajj of January following, yearly, and at no other
times^ certify in writing to two or more of the said commissioners all such
surcharges as they may lawfully make, and shall give or cause to be given to
every person so surcharged, on leave or cause to be left at his or her last or
usufiJ place of abode in the district where such surcharge shall be made, notice
p This section is rep.^ so &rps it relates to neglect to appoint assessors^ Stat* Law
Rev. Act, 1872.1
•5
AJ).lSOS-&
43 Okdrqe nr. c« 99.
HU
^oar.
any 8Uoh Hun'oyor or iimpootor
[ndorrato or omit to olmrgo any
corrupt, voxatiouH, and illogal
surveyor or inHjxictor nIuUI lor
k writing of sadi surduoge, and of the amdpnt for which ho or nho nhal) havo
been efaazged hj Tiitiie of such certificate.
im AsD be it farther enacted, that if anjr surveyor or surveyor's, Jnnpootor
or iispettars^ shall omit to make a surcharge on or Ix^foiv tl\o Wxni day of
August in any year, it shall be lawful fori the said surveyor or mirvoytU'H,
inspector or inspectors, to make such surcharro or suitJiargt^H on or lH^ioiH> ihw
fint day of January followiug for the whole
UkllL And be it further enacted, that
shall knowingly or wilfully, through favour,
poscm or personsy or shall be guilty of
pndiees in the execution of his office, su(
erery sach offence forfeit the sum of one hu|)drcd poundH, aud on o<invlollon
aball be discharged from his said employmeni
JULIV. And be it further enacted, that if liny person or perHona nhall think
himfielf, herself, or themselves respectively oyercharged or ovorraUtd by any
laBeasment or surcharge to be made by virtul or in purHuanco of any Act or
Affte before mentioned, it shall be lawful for
appeal to the commissioners for putting in e:
lebtion to such assessment, on giving at the
ibe said surveyor or inspector, or to one or m<
^Mn such assessment or surchitrge shall [be marie, fft micU inU-Miiou Up
^ffiL\ and the said commissionerB, or any wo or nii>re of t^M^iu, nhaW mA
^iR hereby required to hear and determixL all Kuch apj^talii, <;xc<;|A wUi^ja
it iitl appear to the said commissioners that ilie i>erHon apiH^Uijf hlinil l^av4^
ostted to give sudi notice thereof to the pi^^per offic^^r ufonmiSihl, in whUi$
Ott it shall be lawful for the said cfJuummi/mfM and t^i^^y are Ix^^rhhy n^^wi-A
to diaoiss the appeal, and to confirm the 9»^4p^uuti^ or )$urcliai;/<^ ^^ifti^UA
lim, her, or theru resf^ectivi^ly Up
(ution the said Ax;t or Aei« in
least ten days notict^ iUan^Mf Up
*e of the MHAsHHfprft of Uii; ipliWM
\\m' tlut \>ho)it
Hiirvi«<^tii'^(iiliy
111' MikUilliWII Ml'
UDmiiM iihiti-
tloiJN III ||il4
oHlou (II hiifuit
Hio/, mill oil
ooiiviiiiiiMi Imi
Vurmmu ovi^r*
Ally it in^t*'*i Ui
iff 1ltl^KMn*4fflt,
HY. PBOVii»a> always, and be it further enkrAAA^ ihsX no ai^beb^ixAejut, whkJi
«W1 be delivd^d to sodh eommis^ir/nens or acjj two or ixio/ <? of ii^tiu hy msy
aril aRBeasor or aflocoporfe, shaJl be altered hy ik*im or^fojy of tJieru Ufoii; tlit'
^ ibr hearing and deUrminxDg &ppeab, aitd ;theii only upon a hui<;)4aj;/e or
■idiacgw not mppeaifA agaiiu^i, and aeeording fo i:>Ufdb surdiaj';(<; or buti-ltjuty^i:*^,
g yn the comwiisKJonerb bearmg the w&Vieiof a^ppeal ynrui^uljtj'jy ii^]jiiUhy^
^9tte, upon a general s^ipeal day duiy ^^tyJ^xiifA, bave aiud *:yj'M\A Ui »)U<;)j
**a^y where boc^ ©Mmniwaionerb aj^ s|i^jij:y autii'/ri^sed t/> 4i.Jt>:;i oi /M^tify
ttras^ ■■iiiHiiiii iif Inr id:*^ Act oi A)C^ befa*^ inentloiA^j ; a^^d if hj)y iui-yk
to aadi eammiBmQSierb or arj' crJier per«c«i or jt^ri^itk bW- wU'j, oi <;au>/«; oi
FoeoR or Bnfifs- 1.0 be akh^n^d. airy aBbebeaa*jut liier tii^ baiji**; #>iai^!. Jtii»4 i/t.« u
tlovfid hy Bud. eonmnitftii'jii^frb eicept afc afu*'^auld '^r iu <f;i>.><jr, ^A <t;;;/*4tl *k*'J
17 (tder of -die aaid eanmii^an*ir^ ur aujtuj of Jtu'^?*: of Usiju uti^Ai. lo^S^^i
SfpM^agaJJamaair, ev*2nr su'iL 'ji^rk or o'vU-^r f^s&ju niiH^l i^jrUsi nd^o j/^^/ ti>4.
Ba flf lilia' poondb.
iit^4>irkUff up
' ,M fy *ti </ii*« #
it*/ ^M JIM ^ «•#
St of
tte ii fnruier eaute^ec xiiat tij*;j «iiO oy«i"i>9«*'^i*«'''^^ o# lu^y '/
Dttdtr upon any peryjf ov ao^5w>ii«e«i»,^ o* oy '.;.< »,u<
u um iiAt eiiiir^^ -j; «5UJ5ai*.*j|-, o:4*i- *Uvi»c i^'/'^'' ^■''' '^-'^ ♦''^
0» tiff ^if • tf't'
It t^ . < > /
' ■ y yt » / >/
316
4-3 GEOBf E III. c. i
AJ). 1802-3
prodncet a list
of paiticulais
TeritfedoDOHth.
Sorrejor and
Rssesnor may
attend iu eup-
port of ihe
part of the annual asBessmcnt, uales
appear to the commissioners then
examination of the appellant upon
evidence to be produced by him
any Buch assessment or surcharge, ac 1
the said commiasionera a true, perfe
or return as shall or may be requi
and verify the same upon bis or hei
or inspector and assessor may then
in support of the said assessment oi
proper, produce any lawful evidence
veyor, inspector, and assessor shall
present during all the time of bearii r
commissioners determining the same
it shall appear to the said
charged is or ought to be charged to
in such assessment or surcharge, it
to charge such person to the matter
in like manner and at the like rate
and perfect assessment had been
that no barrister, solicitor, or attomej
be allowed to plead before the
appellant or officers, either viv4 \
a aU
mi Le
r time
Collectore
witbin t«n daye
and fix notice
in initing oo
eborch doon.
XXVII, And be it further enactfl:
or more of them, shall and tbey are
aforesaid notice at what time or
and at what place or places the
think themselves aggrieved as afo
every such collector is also hereby
from the said commissioners to cause
church or chapel of ease belonging
division immediately af^r divine si
shall be performed in the said parisl
church. of the next adjoining parish,
such commissioners for hearing and
shall also cause the like notice to be
the said respective parish churches
shall think themselves aggrieved as
make their appeal to the said
Delermination
pealB shall
be final, sod
neither the
deienni nation
therenpoD Hbnll
be altered after-
ward«, except
where the opin-
ion of the jndgea
is requind.
determined by the said commission
it shall, upon the hearing of such appeal,
present, or the major part of them, by
oath or affirmation, or by other lawful
', that such person is overrated in or by
unless the appellant shall pi-oduce before
t, and complete list, account, declaratioii,
by the Act or Acts before mentioned,
oath or affirmation ; and such surveyor
there attend to give his or their reasoos
surcharge, and may, if he or they tlimk
in support t)f the same ; and such sur-
have full power and free liliertyto hi
such respective appeals, and of the saiij
provided always, if upon such «))peal
that the persons so assessed or sur-
ny amount beyond the amount contuneJ
be lawful for the said comrais^ners
or thing or amount of the sum oniitt*ii
as they might have done if a iull, true,
in the first instance : Provided also,
or any person practising the law bHbII
commissioners on such appeal for ihr
r by writing.
that such commissioners, or any tu<>
h reby required to give such collectors ^^
within the periods herein limited, anil
,p eals of any person or persons who shall
may be beard and determined ; anii
re' uired within ten days after such notiw
public notice to be given in every pari'ih
any such parish within his district ur
ice on the Lord's day (if divine serviw
within that time), or otherwise in the
of the time and place so appointed by
determining appeab as aforesaid, and
bced in writing upon the door of each of
r chapels of ease, that all persons wlm
aforesaid may know wlien and whei-o w
i commi: uoners.
XXIX. And be it further enftctt I, tbat all such appeals once heard (
■ any two or more of theni, or the
major part of tbem present on the di y or days by them appointed for heannj
of appeals, shall be final ; and neitbt ' the determination of the commiasioiten;
nor the assessment then and there nade thereupon shall be altered on mj
pretence whatever at any subsequei t meeting, or at any other time or place,
except always in such cases wliere the piuion of the judges shall be required, tt:eor-
iling to the provisions of any Act or At b conceraing the same. JRep., Slat. Law I'^^^-
Act, ia72.J
AJ). 1802-3.
43 Geobge III. c. 99.
317
XXX And whereas it may happen mat the assessments and duplicates of
the said duties may not be signed and illowed in due time, to the prejudice
of the said revenue, for want of a sufficient number of commissioners acting
or attending where and when such
aOowed: Be it further enacted, that in
commisBioners appointed for putting any
in execution, living in any parish or p
divisioD, and they are hereby empower
assessments or duplicates which are or s
or places as aforesaid.
XXXT. Provided always, and be it
there shall not have been any meeting oi
essments or duplicates ought to be
1 cases it shall be lawful for the said
ct or Acts relatiug to th^ said duties
e within the same county, riding, or
and required, to allow and sign such
all be wanting for any such parishes
iirther enacted, that if at any time
meetings of two or more of the said
conmussioners and a due execution of ai y of the powei*s created by this Act
or the Act or Acts before mentioned wii
Lin or at the time or times or accor-
ding to the manner or circumstances dirwted or prescribed in and by this Act
or the said Act or Acts, it shall be lawmil to and for any two or more of the
persons appointed commissioners, and mey are hereby required, in all and
every the respective counties, ridings, cimes, boroughs, cinque ports, and towns
Rspectively in that part of Great Britain as aforesaid wherein such default
diali have happened, to meet and execute the said powers at any other time
Of times, anything herein contained to the contrary thereof notwithstandiug ;
ndthey are hereby authorized and reqmired forthwith, or as s6on as may be
itethe time or times at which suchi meetings should have been held and
sodi powers should have been executel, to meet and execute the same, and
esKthe same to be executed, so as that all the duties by law payable on
afieasment be duly and effectually chalged, raised, levied, collected, and paid
to his Majesty, his heirs and successoip ; and all such meetings and acts of
ore of them shall be deemed and are
to all intents and purposes, notwith-
If usesnneDtB
and duplicates
are nM signed
and aUowed
in due time,
commissioners
in the same
county may
allow and sign
the same.
When commia-
sioneis do not
meet within
the prescribed
time, they may
meet and exe-
cute their
powers at other
the said commissioners or any two or
hereby declared to be good and vali
standing any such omission or defect.
XXXfL And be it further e:
in that part of Great Britain as af or
that if in any parish, ward, or place
id any failure shall happen in the ap-
pointment of the assessor or assessorsJ or collector or collectors, whereby the
assessments or collection of the duties m likely to be delayed, it shall be lawful
for any two justices of the peace of amy county in that part of Great Britain
as aforesaid, the ridings of Tork or diipsions of Lincoln, whenever such failure
shall happen in any parish, ward, o ' place within such county, riding, or
division, or in any town or place su. joining thereto, such town or place not
being a county of itself herein ment oned, and for the chief magistrate and
justices of the peace of any city, towii or place, being a county of itself, and
they and every of them on notice of smch default to be given by the surveyor
are strictly enjoined and required to {appoint an assessor or assessors, or a
ooUector or collectors, as the case mky require, observing therein the rules
and regulations prescribed by this Ac| for the appointment of such respective
person appointed by the justices or
)r or collector shall wilfully neglect or
of an assessor or collector, or shall wil-
duty in the speedy and faithful execu-
Whcre
sors or collec-
tors are not
appointed, two
justices of the
peace in a
county, or the
chief magis-
trate and jus-
tices in a
county of a
city, &c^ shall
appoint them.
officers by commissioners ; and if
magistrates as aforesaid to be an
refuse to take upon himself the offi<
fiiUy neglect or refuse to perform
tion of his office, or if any person sokppointed to be an assessor shall neglect
FenoDssoap.
pointed asses-
sors or coUee-
tors, refusing
to perforin the
duty or to take
the oath re-
quired, ffhaU
forfeit 50i.
r .
r-
818 .
43 Qeoboe III. cf 99.
A.D. 1802-3.
^
k .
I- 1
fr
>'i'
'f.
'■
Collectors on
payment of the
duties being
refused shiSl
distrain;
fted to be taken by asBesaors by
person so offending shall forfeit
if any person or persons shall
[ed upon him, her, or them by any
Loned, or any other duties to be
and keep the
distress so
taken four
days, and if the
duties are not
then paid shall
sell the same.
Collectors in
the daytime
may'breakopen
houses, having
a warrant from
the commis-
sioners for that
purpose, and
taking a con-
stable with
them.
When sufficient
distress cannot
be found the
party may be
committed to
prison.
Question or
difference re-
specting dis-
tress to be de-
termined by the
commissioners.
Commissioners
may act for any
part of the
county, &c. for
which they are
appointed; and
their warrants,
&c. may be
executed in any
part of such
county, &c.
or refuse to take the oath or affirmation
this Act, as the case may require, every sucl
and pay the sum of fifty pounds.
XXXIIL And be it further enacted, thi
refuse to pay the several sum and sums
Act or Acts granting the duties herein mei
assessed under the regulations of this Act, Ipon demand made by the collector
or collectors of the division or place, accolding to the precepts or estreats to
him or them delivered by such commissioners, it shall be lawful to and for
such collector and collectors, or any of mem, who are hereby respectively
thereunto authorized and required, for nonpayment thereof, to distrain upon
the messuages, lands, tenements, and premises charged with any sum or sums
of money, or to distrain the person or persons so charged by his or their
goods and chattels, and all such other gooEs and chattels as they are hereby
authorized to distrain, without any further authority from the commissioners
for that purpose than the warrant to such jcollector or collectors delivered at
the time of his or their appointment, and jbhe distress so taken to keep by tbe
space of four days at the costs and chafge^ of the party so refusing, and if
the said party doth not pay the respective sums of money so due within the
said four days, then the said distress to Vh appraised by two or more of the
inhabitants where the said distress is taken, or other sufficient persons, and
there to be sold by the said officer for p lyment of the said money, and the
overplus coming by the said distress (if a y there be), after deducting the said
money, and also the costs and charges of aking, keeping, and selling the said
distress^ which costs and charges the said )fficer is hereby authorized to retain,
to be restored to the owner thereof; and ; moreover it shall be lawful in such
case to break open in the daytime any he ise upon warrant under the haads
and seals of two or more of the said comi lissioners obtained for that purpose,
calling to their assistance the constable, lithingman, or headborough wiftin
the counties, shires, stewartries, cities, towns, and places where any refusal,
neglect, or resistance shall be made, whichlsaid officers are hereby required to
be aiding and assisting in the premises, at they will answer the contrary at
their peril ; and if any person or persons Appointed to pay any of the duties
charged by any Act or Acts as aforesaid slmll refuse or neglect to pay the said
sum or sums so appointed to be paid by tip space of ten days after demand
as aforesaid, where no sufficient distress
same may be levied, then and in every sue
sioners are hereby authorized by warran
commit such persons to the common gao
mainprize imtil payment shall be made ;
shall arise upon taking such distress, the ssJ^e shall be determined and ended
by two or more of such commissioners.
XXXIV. Provided always, and be it Aiacted, that nothing herein con-
tained shall be construed to restrain the sam commissioners or any of them
from acting as commissioners in any part of the coimty, riding, division, or
place for which they are appointed ; and that all warrants and precepts of the
said commissioners shall and may be executed by the respective persons to
whom the same are directed in any part of the same coimty, riding, division,
or place for which they are appointed.
n or may be found whereby the
case two or more of such conimis-
luider their hands and seals to
there to be kept without bail or
d if any question or difference
i
A,D. 1802-3.
43 George III. c. 99.
319
XXXV. And whereas it may frequenijv happen that persons quitting their
dweUiBg houses or places of residence maV remove to other parishes or places
without first discharging or paying the duftes charged upon him, her, or them,
this Act will be lost^ unless such
ch removal, be compelled to pay
mmissioners acting by virtue of
uch duties are charged upon and
aforesaid shall sism and cause to
or any two or more of them
and levy the said duties charged
[id, and cause the monies so raised
parish or place from whence the
same may be paid and applied
whereby the said duties made payable I
person or persons so removing can, after
the same : Be it further enacted, that the
this Act within such parish or place where
unpaid by the person or persons removing
be transmitted a certificate thereof to the I commissioners acting within the
parish or place where the person or persons paking such default of payment
shall happen to reside, which .commission
shaQ and th^ are hereby empowered to rail
upon the party or parties removed as afore
and levied to be paid to the collector of th
said poson or persons did remove, so, as t
aeeoiding to the true intent and meaning oflthis Act.
XXX YI. Akd be it further enacted, th» where any parish or place shall
he in two or more counties, ridings, or diviiions, the duties charged or to be
duoged in or for such parish or place shall he assessed, raised, levied, collected,
tnd paid by and under the commissioners (acting for that part of the said
fttish or place where the church or other rphfie of public worship aforesaid
Mbe situate, and that the whole of sucl parish or place shall be deemed
t« Aft purposes of this Act to be situate fi such county, riding, or division
vlKKnguch church or other place of pu
«fe>tlere any dwelling house or any
ientj charged shall be situate in two or
wbck daties to be charged thereon shall
iodpaid in one of the said parishes, war
efanged shall be relieved from any seoon
part thereof, as in other cases of double
XXXVIL And be it further' enacted,
belonging to any person or persons at th
assessed under the regulations of this Actf became in arrear shall be liable to
be taken by virtue of any execution or Lther process, warrant, or authority,
or by virtue of any assignment, on any account or pretence whatever, except
at the suit of the landlord for rent, unl»s the party at whose suit the said
execution or seizure shall be sued out orlmade, or to whom such assignment
shall be made, shall, before the sale or removal of such goods or chattels, pay
or cause to be paid to the collector or collectors of the said daties so due all
arrears of the said duties which shaU be jlue at the time of seizing such goods
or chattels, or which shall be payable fort^ the year in which such seizure shall
be made, provided the duties shall not \h claimed for more than one year ;
and in case the said duties shall be claimed for more than one year, then the
said party at whose instance such seiza
said collector or collectors the aforesai
proceed in his seizure as he might have
but in case of refusal to pay the said dities the said collector or collectoni are
hereby authorized and required to distlain such goods and chattels, notwith-
standing such seizure or aasignment, anp proceed to the tseie thereof aeoord*
When penons
remove without
paying the
duties, the com-
missioners shall
certify the same
to the comtnis-
sioners of the
place where
the party can
he found, who
shall cause the
amount thereof
to he levied,
and to he paid
to the collector
of the parish
whence Uie per-
sons removed.
Aparishinmore
than one county
shall he deemed
in the county
wherem the
chorchis
situate;
ic worship shall be situate ; and
ther premises occupied therewith
ore parishes, wards, or places, the
assessed, raised, levijsd, collected,
, or places only, and the party so
assessment made thereon, or any
ents.
t no goods or chattels whatever
time any of the said duties to be
where a hou^e
is situate in two
parishes, the
whole of the
duties shall he
assessed in one
of them.
When duties
are in arrear,
no goods shall
he taken by
virtue of any
process, &c.^
except at the
suit of the
landlord for
rent, unless
the party
suing, &c. shall
payor cause
to be paid the
arrears, not
exceeding one
year.
shall have been made, paying the
duties due for one whole year, may
one if no duties had been so claimed ;
Id case of
refusal the
cdHtctornaj
distrain and
sen the goodii
310 43 Oeohqe III. c. 99. A.D. 1802-3.
rapes, wards, or other districts, cities, boroughs, cinque ports, towns, and places
in the several counties, ridings, and divisions for which they are or shall be
appointed to be commissioners, meet together yearly and every year at the
most usual or commoil place of meeting within such districts, cities, borooghs,
cinque ports, towns, and places respectively on or before the tenth day (^
Two commis- April yearly ; and any two or more of them shall hold such meeting or any
cient to hold other meeting of commissioners autboiized by this Act or the Acts before
meetings, anJ mentioned, and shall be compet«nt to do any act, matter, or thing thereby
do uaj iict. required to be none by such commissioners ; and such commissioners, or so
CommiBBioneni many of them as shall be present at the first meeting to be holden in every
u'^ia-t' imd iT* y®8*'. or ^^e majot part of them having qualified themselves by taking or
necesBnrj lui having taken the oaths in manner herein directed I*J, shall elect one fit and
sufiGcient person to be their clerk, and one other fit and sufficient person, if
the said commissioners shall deem it necessary, to bo his assistant, for all the
assessments to be made of the several duties with which the said commissions
'^Pf™'° ^'■' shall be chained within their respective limits for one year, and which person
clerk for aji ilia 80 elected shall by virtue of such election be the sole clerk to such commis-
HssesBmeiiis lor sioners for all the said assessments to be made by them for such year, ami
one y*^ar, and *' '^
not to be re- which clerk shall not be removable from his said o£Gce during the year for
^prfor^iuTt which he shall be appointed as aforesaid, except for just cause, and at a meetii^
came, uQii Jit of the commissioners for that purpose duly summoned by notice in writang
meetiLB. signed by two or more of such commissioners and left at the usual place of
abode of each and every of the commissioners who shall have qualified as
aforesaid in and for such district, city, bqrough, cinque port, town, or pUce,
Conimissioiiers and by the major part of the commissioners present at such meeting; and
iDFt^tiDg to such commissioners shall also at such their first meeting direct their several
iasue preceiifs and joint precept or precepts to such inhabitants of each parish, ward, or place,
to bo asseawrs *°<i such number of them as they in their discretion shall think most con-
who arc to ii[,. venient, to be presenters and assessors for such parish, ward, or place, requiring
teu days. them to appear before the commissioners at such place and at such time, not
exceeding t«n days after the date of their precepts, as they shall appoint;
Conimi^4ioD.;rj- and at such their appearances the commissioners or so many of them as shall
meetiuKto"!,- n*6et at such their second meeting shall appoint such of the said inhahitanta
poiui BSBessors as they shall think proper to be the assessors for such parish or place of the
innruciioiis^'" several duties with which the said commissioners shall be charged as aforesaid,
for one year, and at the same time shall openly read or cause to be read unto
them the several duties for which they are to be appointed assessors, and
openly declare the effect of their charge unto them, and how and in what
manner they ought and should make their certificate and assessments of the
said several duties, and shall then and there appoint another day within the
time herein-afler limited for the said persons to appear before the said com-
ABBesson; to missioners and bring in their certificates of assessments of the said several
raer^'ont^a't^r duties in writing under their hands, which shall be verified upon their oaths or
AsBCBBors to solemn affirmations, and not otherwise ; which said assessors are hereby
charge all piT- strictly enjoined and required with all care and diligence to charge and assess
tb I! duties, &!;., themselves, and all other persons chargeable with the said duties so ^ven to
I* The proviaions of this Act as to the taking of oaths by the commissioners are r^i
Stat. Law Rev. Act, 1872.1
A.D. 1802-8.
43 George IIT. c 99.
311
them in chai^, and to make their assessments according to the provisions of under a penalty
the laws then in force, upon pain of forfeiture of any sum not exceeding 20/. noTlesT^
tiventy pounds nor less than five pounds ; and at the time and place so as than 5/.
aforesaid prefixed for their appearance such assessors shall return the names. of Assessors to
, . . 1* • /• 1 return names
two or more able and' sufficient persons within the bounds or hmits of those of persons to
parishes or places for which they shall be assessors respectively to the said ^® collectors.
oonunissionerSy to be by them appointed collectors of the several duties to be
raised and assessed by them as such commissioners.
X. Aio) be it further enacted, that every person to be appointed such assessor Oaths to be
ahail, before be shall take upon him the execution of the said employment, take the oaths ^^^ by as-
mentioned and required to be taken by an Act made in the Parliament held in the first *^8®"-
yetr of the reign of King William and Queen Mary, intituled ** An Act for abrogating
" the oaths of aUegiance and supremacy, and appointing other oaths," or, being one of
the people called Quakers, may make and subscribe the declaration of fidelity prescribed
hj an Act made in the first year of the reign of King William and Queen Mary,
intitaled '^ An Act for exempting their Majesties protestant subjects dissenting from
^ the Church of England from the penalties of certain laws " ; which oaths or affirma-
tioM piep., 34 & 35 Vict. c. 48.J any one or more of the commissioners by whom Commisftioners
such assessors shall be appointed, who shall themselves have taken the oath required ^^l^g^r
hj this Act to be taken by commissioners, {Rep., Stat. Law Rev. Act, 1872. J have oaths under
hereby power and are hereby required to administer, as also all and every *^" ^^^
such other oaths or affirmations as are by this Act or any Act or Acts relating to
dnties to be assessed under the regulations of this Act required or allowed to
le taken before such commissioners by any officer or person whatever, in any
Butter or thing touching the execution of this Act or any Act or Acts granting
the laid duties as aforesaid.
IIAkd be it further enacted, that every person to be appointed such Assessors not
MBWor shall and he is hereby required also to take the oath, or, being one of *? *^i^^?!t
t&e people caUed Quakers, to make and subscribe the solemn affirmation before the oath in
the commissioners for executing this Act in the form set forth in the schedule ^^ct"^ e^tv
to this Act annexed marked (B.) ; and if any person to be appointed assessor of 50/.
S3 aforesaid shall presume to act in the office or employment of an assessor
Wore he shall have taken the said oath or affirmation (as the case shall
require), he shall forfeit and pay for every such offence the sum of fifty
pounds.
A^. And be it further enacted, that in all cases the assessors so to be appointed Assessors to
AS aforesaid shall from time to time make and deliver in writing their certificates of deliver assess-
assessments of all the duties given to them in charge as aforesaid unto the respective ?J^** *Sif '
commissioners^ or any two or more of them, on or before the fifth day of June yearly, j^^^^ yearly.
or as soon after as conveniently can be done, and {Rep., Stat. Law Rev. Act, 1872.]
the commissioners to whom such assessments shall be so delivered, or any two
or more of them, shall forthwith set their hands to the said respective assess-
ments, testifying their allowance of the same ; and the said commissioners, or Commissioners
any two or more of them, are hereby required to sign and seal three duplicates ^upi^t^^
of the said assessments, to be prepared by their clerk, and forthwith to nomi- the assess-
nate and appoint two of the persons named or presented in each of such po'^^coitts;
assessments to be collectors or any other two such persons as such commis- and to deliver
■i_i_ j.i.»jj. 'j.^ xi- j.» j» • • J 1 one of the du-
sioners are hereby authorized to appoint for the respective divisions and places pUcates to sach
for which collectors shaJl be so presented, and to deliver or cause to be delivered collectors, with
one of the said duplicates of such assessments so by the said commissioners collecting, and
allowed, together with warrants under the hands and seals of two or more of ^^^^^^ ^ ^^
survevor
the said commissioners for collecting the same, unto the respective pei*sons by The third dn-
I
V
r
I
y,
St"
fc"
It
I
302 43 George III. c. 86. A.D. 1802-3.
punishment: Be it therefore enacted by the King'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
[, All contracts Same, that from and after the passing of this Act all cotitracts, covenants, and
for obtaining agreements whatsoever, in writing or not in writing, at any time or times
an adyance of ^^ ^ •
wages, altering heretofore made or entered into, or at any time or times hereafter to be made
I w^rkb^ df ^^ entered into, by or between any artificers, journeymen, manufacturers,
Q creasing the workmen, labourers, or other persons in Ireland for obtaining an advance of
f: . work*(ex-^ wages of them, or any of them, or of any other artificers, journeymen, maam-
|f cept between facturers, workmcu, labourers, or other persons in any manufia>cture, trade,
f-. Sen^.'or^re- busiuess, or occupation, or for lessening or altering their or any of their usual
venting the hours or time of working, or for decreasing the quantity of work (save and
PCTslms^&c. ^^ except any contract made or to be made between any master and his joumey-
., ^ shall be iUegai man, or manufacturer, for or on account of the work or service of such
I journeyman or manufacturer with whom such contract may be made), or for
preventing or hindering any person or persons from employing whomsoeyer
he, she, or they shall think proper to employ in his, her, or their manufactory
trade, business, or occupation, or for controuling .or any way aflPecting any
person or persons carrying on any manufacture, trade, or business, in the con-
I' duct or management thereof, shall be and the same are hereby declared to be
'^ illegal, null, and void, to all intents and purposes whatsoever.
i Any workmen jj j^^iHy be it ftirther enacted, that no artificer, journeyman, workman,
!» ter into any labourer, or other petson in Ireland, shall at any time after the passing of this
Buch contract ^^ make or enter into, or be concerned in the making of or entering into,
shall be com- i x x x x • -x- j. • -jT^
mitted to gaol any sucA Contract, covenant, or agreement,- in wntmg or not m wntmg, as w
^o * ^ti*^ ^^ herein-before declared to be an illegal covenant, contract, or agreement ; and
conviction every artificer, journeyman, workman, labourer, or other person who after the
ju/tices*^** passing of this Act shall be guilty of any of the said offences in Ireland, being
^ ' thereof lawfully convicted before any two justices of the peace for the county,
city, liberty, town, or place where such offfence shall be committed, within
three calendar months next aft«r the offence shall have been committed, shall
by order of such justices be committed to and confined in the conmion gaol
I within their jurisdiction for any tidie not exceeding six calendar months, or
at the discretion of such justices shall be committed to some house of correc-
tion within the same jurisdiction, there to remain and be kept to hard labour
for any time not exceeding three calendar months.
|» as also any who nj ^jy \^q {^ further enacted, that every artificer, journeyman, workmim,
any combina- labourer, or other person, who shall at any time after the passing of this Act
tion for advan- g^ter into any combination in Ireland to obtain an advance of wa^es, or to
cmg wages, *^ , . au
&c., or shall alter or lessen the hours or duration of the time of working, or to decrease the
prevent^ any° quantity of work, or for any other purpose contrary to this Act, or who shall
workman from by giving money, or by persuasion, solicitation, or intimidation, or any other
h or^shaii m^wI ^^^^^ns, wilfuUy and maliciously endeavour to prevent any unhired or unem-
on him to quit ployed artificer, journeyman, workman, or labourer, or any other person
8hlu™mder^' Wanting employment, from hiring himself to any manufacturer or tradesman,
any master or person conducting any manufacture, trade, or business in Ireland, or who
any person^ or sball for the purpose of obtaining an advance of wages, or for any other pnr-
^thout reason- p^g^ contrary to the provisions of this Act, wilfully and maliciously decoff
shall refuse to persuade, solicit, intimidate, influence, or prevail or attempt or endeavour to
A.D. 1802^3.
43 George III. c. 86.
303
on any artificer, joTuneyman) workman, labourer, or other person,
hired or employed or -to be hired or employed in any manu&cture, trade,
basinesB, or occupation in Ireland, to quit or leave his work, service, or em-
ployment, or who shall wilfully and maliciously hinder or prevent or attempt
to hinder or prevent any manufacturer or tradesman, or other person, from
employing in his or her manufacture, trade, or business, such artificers,
joomeymen, workmen, apprentices, labourers, and other persons as he or she
shall think proper, or who being hired or employed shall without any just or
reasonable cause refuse to work with any other artificer, journeyman, work-
man, apprentice, or labourer employed or hired to work therein, and who
shall be lawfully convicted of any of the said ofiences before any two justices
of the peace for the county, city, liberty, town, or place where such offence
shall be committed, within three calendar months next after the offence shall
ixYb been committed, shall by order of such justices be committed to and
eoDfined in the common gaol within their jurisdiction for any tim^ not ex-
ceeding six calendar months, or otherwise be committed to some house of
eometion within the same jurisdiction, there to remain and be kept to hard
labour for any time not exceeding three calendar months.
IV. Amy for the more effectual suppression of all combinations amongst
artificers, journeymen, workmen, labourers, and other persons employed in any
oann&cture, trade, business, or occupation in Ireland, be it further enacted,
thstaD and every person and persons whomsoever (whether employed in any
adi manufacture, trade, business, or occupation, or not) who shall attend any
BKcting had or held for the purpose of making or entering into any contract,
cfffcoant, or agreement' by this Act declared to be illegal, or of entering into,
JBpporting, maintaining, continuing, or carrying on any combination for any
porpose by this Act declared to be illegal, or who shall summon, give notice
to, call upon, persuade, entice, solicit, or by intimidation or any other means
endeavour to induce any artificer, joumoyman, workman, apprentice, labourer,
or other person employed in any manufacture, trade, business, or occupation, to
attend any such meeting, or who shall collect, demand, ask, or receive any sum
of money from any such artificer, journeyman, workman, apprentice, labourer,
or other person, for any of the purposes aforesaid, or who shall persuade,
entice, solicit, or by intimidation or any other means endeavour to induce
any such artificer, journeyman, workman, apprentice, labourer, or other person
to enter into or be concerned in any such combination, or who shall pay any
sum of money, or make or enter into any subscription or contribution, for or
towards the support or, encouragement of any such illegal meeting or combina-
tion, or shall administer or cause to be administered any oath or declaration to
any manufacturer, artificer, journeyman, apprentice, or labourer, or to any per-
son or persons whomsoever, tending to fix the price of wages or labour or work-
manship, or tending to fix or make any rule, order, agreement, or regulation,
respecting any trade, manufacture, or business, or the persons employed or to be
employed therein, or shall issue or cause to be issued, or deliver or cause to be
ddiv^^ any ticket, certificate, or token (other than and except such ticket or
certificate as shall or may be delivered by or by the order of the corporation
whereof such manufacturer, artificer, journeyman, or labourer is or shall be a
member) to any such manufacturer, artificer, journeyman, or labourer, of his
being licensed to work at his or their respective trade or trades, and who shall
-work with any
other woik-«.
man;
and also all
persons who
shall attend
any meeting
for the purpose
of any such ille-
gal contract or
combination , or
who Bhall sum-
mon, or by in-
timidation, &c.
endeavour to
induce any
workman to
attend such
meeting or
enter into such
combination,
&c., or who
shall collect
or pay any
money for Such
purposes, or
administer
oaths, or issue
tickets, &c.
I
304. 43 Obobge IIL c 86. AD. 1802-3.
be lavfully coavicted of aay of the 'said offencee before any two justices of
the peace for the county, city, liberty, town, or place where such offence ahtdl
he committed, within three calebdar months after the offence shall have been
committed, shall by order of such justices be conunitted to and confined m
the common gaol within their jurisdiction for any time not exceeding nx
calendar months, or otherwise be committed to some house of correction mOtm
the same jurisdiction, there to remain and be kept to hard labour for any time
not exceeding three calendar months.
P^rnltips OB V. And be it further enacted, that no person (whether employed bb t
iribtitinif'to- journeyman, workman, or labourer in any manu&cture, trade, business, or
words any occupation, or not) shall at any time after the passing of this Act wilfully p«y
onr^for"^ or give any sum of money or valuable thing as a subscription or contribntion
netinft conirary for the purpose of paying the expences incurred or to be incurred by any
■upportinc'-'iiy person or persons acting contrary to the provisions of this Act, or shall by
person to in- payment of money or other means support or maintain any journeyman,
tu wnrfc. or workman, apprentice, labourer, or other person, or contribute towards hit
"J?'"'!"""'*-' support or maintenance for the purpose of inducing him to refuse to work, or
t.iiteciinfT nil)- to be hired or employed in any manufacture, trade, business, or occupation, a
nej- for viitii foj. ^^^ purpose of maintajning or supporting any artificer, journeyman, wort-
man, apprentice, or labourer, who, having been guilty of any offence under
this Act, shall have been lawfully convicted of the same ; and every peratm
who shall be guilty of any such offence shall, on conviction thereof before any
two justices of the peace of the county, city, liberty, town, or place where the
offence shall be committed, forfeit and lose any sum not exceeding the sum
of ten pounds ; and every journeyman, workman, labourer, and every person
who shall collect or receive any money or valuable thing for any of the
purposes aforesaid shall on like conviction forfeit and lose any sum not
exceeding the like sum of ten pounds, accorcling to the discretion of the justices
Aiiplicnii.iii if before whom such offender or offenders shall be convicted; such penalties
pi^rialii.'. respectively to be forfeited, one moiety to his Majesty, and the other moiety
to the infoi-mer, to be equally divided between tllem.
Anj workiuaii, VI. And be it further enacted, that if any manufacturer, artificer, joumByman,
ruira^mriii*"' workman, or labourer, being engaged witii any master, mistress, or employw
shall rtfii^e i» in Ireland, shall after such engagement, and during the time for which he Bhall
Xrat^him^df, ^^ so engaged, refuse to work, or shall absent himself fix)m the service of the
or «linll pie person by whom he shall be so employed as aforesaid during the accustomed
fn)iu"wor'kii'iL*" hours of working at such trade or occupation as he shall be accustomed t« he
nr dhiiii rjinni employed at, or if hired by the week, month, or year shall neglect to come to
iiniiMni, work each and every day during the said term on Sny accoimt or pretext
whatsoever, unless prevented by sickness or some other reasonable cause, to
the satisfaction of the justices before whom complaint shall be made, or shall
hinder, prevent, or molest, or attempt to hinder, prevent, or molest any person
or persons from working at any business or occupation on account of the said
persons being foreigners, strangers, or natives of any other part of the United
Kingdom, or of any other county, city, or place within Ireland, or on any other
account whatsoever, or shall refuse or neglect to work in the trade or calling
he shall be so engaged for, and in an usual and reasonable manner, being there-
unto required by his employer, or shall return his work before the same shall
be completely finished without the consent of the person or persons by whom
hIiiII I« •--•
^
ID. 1802-3.
43 George III. c S6.
305
Be shaD be so employed, unless it be for some reasonable and sufficient caxiso
to be allowed by two justices of the peace in their respective jurisdictions, and
sbtll be thereof oonTicted before any two justices of the peace for the county,
aijy fiberfcy, town, or place where such offence shall be committed, it shall l>e
bwfbl for such justices of the peace by warrant under their bands and sealvS
iooommit the person or persons so convicted to the common gaol, there to bo
^ept without bail or mainprize for any time not exceeding six calendar
montbs, or otherwise at the discretion of such justices to some house of
eoneciion within their jurisdiction, there to remain and be kept to hard labour
for any time not exceeding three calendar months.
VIL And be it further enacted, that if any master workman in Ireland, or
any person whatsoever for him, by his direction, or with his privity, shall
bowingly receive, employ, or entertain any artificer, journeyman, manufac-
toper, workman, or labourer already employed or retained by another, during
the time such artificer, journeyman, manufacturer, workman, or labourer shall
lie 80 employed or retained, without leave of the person or persons by whom
sodi artificer, journeyman, manufacturer, workman, or labourer shall bo ho
employed or retained, every such offender being thereof lawfully convicted
before any two justices of the peace for the county, city, liberty, town, or
phoe where such offence shall be committed, shall for every such offence
foAii and pay any sum not less than five pounds nor more than twenty
IN&ds ; one moiety thereof to be paid to the person aggrieved, and the other
mkj to be paid to the trustees of Stevens's Hospital in the city of Dublin,
bilKiise of the said hospital, if the offence shall have been committed in
tkemty or in the county of the city of Dublin, and to such publick charity
rittithe county, city, or place in which the offence shall have been com-
1^, as the said justices shall direct, in any case where the said offence
aUl have been committed out of the county or .the county of the city of
DiUin.
Any lUHHtor
omplfiyiritf H
tViun rftumiHl
by another,
without hiN
Icuvo, ilmll
bv liiiblti to
potiiilty.
Application of
pcualty.
H. And be it further enacted, that all undertakers or contractors for work
in Ireland shall be considered as masters in respect to all matters and things
antaiaed in this Act, so far as relates to the joumejrmen, artificers, workmen,
ttd labomers employed by them.
ContniAtoni
for work hIihU
)te CODMldlTIKl
M imuiU'rfi.
II AsD for the more effectually enforcing and carrying into execution
the ptmsions of this Act, be it further enacted, that on complaint and
Albnnatioii <m oath before one or more justice or justices of the peace of any
ofeiee having been committed against this Act within the respective juris-
dietioDs of soeh justices, such justice or justices is and are hereby authorized
ttd nqnired to summon the person or persons charged with being an offender
<t offenden against this Act to appear before any two justices for the county,
city, town, or place, within which the offence sbaU have been committed, at
a eeitam time and {dace to be specified ; and if any person or persons so
mnmoiied shall not appear according to such summons, then (proof on oath
vring been first made before them of the due service of such summons njxm
*adi petacm or persons by delivering the same to him or them p^^r^/nally, //r
kaviag the avue at his or their usual place of abode, provided tJ>e name
^ be BO left tveniy-foiir hours at the least before the time which fthali U
TOL IT. U
JflMtici'H DM/
Bttmnum trf-
ft^tUtn, fimf
Of I ihnr turi
'nmtw. wttrrutiin
for nmfr^tnuU
(fn tMr ftp-
ptmrUtiti fit <m
f/ror/f of i\y\f
m^j ft*:nr %nd
pX'Mfit^ smA tf
y9A umy 'y/m*
»J^v
^
i' -*
I
306
43 George III. c 86.
AD. 1802-3.
ft
>.* .^
t^
•
li.
mit the parties
to gaol or a
house of cor-
rection.
Ko master in
the trade in
which any of-
fence is charged
to have been
committed,
shall act as
such justice.
Justices may
summon wit-
nesses, and for
non-appear-
ance or refusal
to give evidence
may commit
them.
appointed to appeax before the said justices upon such summons, and provided
al^o, that such summons shall, in the case last mentioned, be d^vered into
the hands of some person above the age of sixteen years, then resident in the
usual place of such person or persons), such two justices shall make and issue
their warrant or warrants for apprehending the person or persons so sum-
moned and not appearing as aforesaid, and for bringing him or them before
such justices ; and upon the person or persons complained against appearing
upon such summons, or being brought by virtue of such warrant or wairants
before such justices, or upon proof on oath of such person or persons absccmd-
ing, so that such warrant or warrants cannot be executed, then such two
justices shall and they are hereby authorized and required forthwith to
make enquiry touching the matters complained of, and to examine into the
same by the oath or oaths of any credible person or persons, and to hear and
determine the matter of every such complaint, and upon confession by the
party, or proof by one or more credible witness or witnesses upon oath (which
oath either of such justices is hereby authorized and empowered to administer
in such case, and in all other cases where an oath is to be taken before
any justice or justices of the peace in pursuance of this Act), to convict or
acquit the party or parties against whom complaint shall have been madetf
aforesaid, and to' give sentence for the forfeiture or penalty incurred under
and by virtue of this Act ; and in case such forfeiture or penalty shall not
be forthwith paid pursuant to such conviction and sentence, such two jus-
tices shall and may by warrant under their hands and seals commit the
offender or offenders to the common gaol within their jurisdiction, there
to remain without bail or mainprize for any time not exceeding six calendar
months, nor less than two calendar months, unless such forfeiture or penalty
or wages shall be sooner paid or satisfied, or otherwise at the discretion of
such justices to some house of correction within their jurisdiction, there to
remain and be kept to hard labour for any time not exceeding three calendar
months, unless such forfeiture or penalty or wages shall be sooner paid and
satisfied,
XII. Provided always, and be it further enacted, that no justice of the
peace, being also a master in any particular trade, manufacture, or occupation,
in or concerning which any offence is charged to have been committed under
this Act, shall act as such justice under this Act ; any thing herein contained,
or any former statute, law, usage, or custom to the contrary thereof in any*
wise notwithstanding.
Xni. And be it further enacted, that it shall be lawful for the justice or
justices of the peace before whom any such complaint or information shall he
made as aforesaid, and he and they is and are hereby authorized and required,
at the request of any of the parties, to issue his or their summons to any
witness or witnesses, to appear and give evidence before such justice or
justices, at the time and place appointed for hearing and determining such
complaint, and which time and place shall be specified in such summons ; and
if any person or persons so summoned to appear as a witness or witnesses as
aforesaid shall not appear before such justice or justices at the time and place
specified in such summons, or offer some reasonable excuse for the default,
or appearing according to such summons shall not submit to be examined as
a witness or witnesses, and give his or their evidence before such justice or
ID. i8oa-a
43 George III, c. 86.
307
justices ioaduDg the matter of such complaint, then and in every such case it
shU be lawful for such justice or justices, and he and they is and are hereby
authorized (proof on oath in the case of any person not appearing according to
gQch sommons having been first made before such justice or justices of the due
service of such summons on every such person, by delivering the same to him
or her, or by leaving the same twenty-four hours before the time appointed for
sach peraon to appear before such justice or justices, at the usual place of
abode of such person), by warrant under the hand or hands of such justice or
justices, to commit such person or persons so making default in appearing, or
appearing and refusing to give evidence, to some prison within the jurisdic-
tion of such justice or justices, there to remain without bail or mainprize
until such person or persons shall submit hiipself, herself, or themselves to be
eiamined, and give his, her, or their evidence before such justice or justices
15 aforesaid.
HV. And be it further enacted, that the informer or prosecutor shall in
evoy case under this Act be deemed a competent witness to prove the offence
daiged ; and that all and every person and persons who shall or may offend
gainst tMs Act shall and may, equally with all other persons, be called upon
and compelled to give his or her testimony and evidence as a witness or wit-
neses on behalf of his Majesty, or of the prosecutor or informer, upon any
iB&nDation to be made or exhibited under this Act against any other person
« peiaons not being such witness or witnesses as aforesaid ; and that in all
ndi oaes every person having offended against this Act, and having given
Itt CI kr testimony or evidence as aforesaid, shall be and hereby is indem-
lakdJ, from, and against any information to be laid or prosecution to be
eoBiaeiioed against him, her, or them for having offended in the matter
t&enein or relative to which he, she, or they shall have given testimony or
esideoce as aforesaid.
Informers and
prosecutors
shall be deemed
competent wit-
nesses; and *
offenders may
be compelled
to give evidence
against others,
and having
giveik such
evidence, shall
be indemnified
for having
offended.
lYIL And be it further enacted, that if any person convicted of any
ofinoe or offences punishable by this Act shall think himself or herself
iggrieved by the judgement of the justices before whom he or she shall have
ken convicted, such person shall have liberty to appeal from every such con-
netion to the next court of general sessions or general quarter sessions of the
peace which shall be held for the county, dty, town, or place wherein such
offence was committed ; and that the execution of every judgement so ap-
pealed from shall be suspended, iit case the person so convicted shall, with
two sufficient sureties, immediately enter before such justices into a bond to
Ik Majesty, his heirs and successors, in the penal sum of double the amount
of the penalty so incurred or forfeited ; or in case such conviction shall contain
a judgement of imprisonment, such appellant shall immediately enter into a
leoognizanoe before such justices, himself in the penalty of twenty pounds,
vitfa two sujficient sureties in the penalty of ten pounds each, (which bond or
reoognizance respectively such justices are hereby authorized and required to
take) ; and such bond or recognizance shall be conditioned to prosecute such
appeal with effect, and to be forth coming to abide the judgement and deter-
nuoation of the said next general sessions or general quarter sessions, and to
pay such costs as the said court shall award on such occasion ; and the justioen
in the said next court of general sessions or general quarter sessions are hereby
u 2
Appeal may be
made to tlie
quarter ses*
sions, and
judgment
suspended
pending the
appeal, on ,
secnritjr being
given.
(
308 43 George in. C.8G. A.D. 1803-3.
authorized and required to bear and determine the matter of the said appeal, J
and to award such costs as to them shall appear just and reasonable to Ik'
Ducisiou <■( paid by either party ; which deciBion shall be final between the parties to
sionB Ebail he *H intents and purposes, and no writ of certiorari or other writ or process
finaL gtaii be allowed for removal of such proceedings into aaj of hb Majesty's
If the ju-iff- superior courts of record ; and if upon hearing the aaid appeal the judgement
ji'irtices Biiall ^^ ^^^ justices before whom the appellant shall have been convicted shall be
he Bffinneii, affirmed, such appellant ehall forthwith pay the forfeiture or penalty (if any)
Biinnraj- "he mentioned in such conviction, and the costs awai'ded to be paid by such
iionalij anJ appellant ; and in default of payment thereof, or in case such conviction shall
"""^ '" contain a judgement of- imprisonment, such appellant shall immediately be
committed by the said court to the common gaol or house of correctioD,
according to such conviction and for the space of time therein mentjoned,
without bail or- mainprise, and also until the payment of such costs as ^laJl
be awarded by the same court to be paid by such appellant.
Ac! noi lo XVIIL Am> be it further enacted, that nothing in this Act contained slull
I^wi^Dow extend, or be construed to extend, to repeal, take away, or abridge tiie powers
pveu iij taw (md authorities now by law given to any court or to any justice or jostiw ,
or lo justices of the peace in Ireland, touching any combinations of artificers, manufactoren,
inuchim; com- journeymen, Workmen, OF labourers, or for settling and adjusting the rate ar j
workmen, fn:. amount of wages to be paid to such joumeymen, workmen, or other person^
or the mode or time of their working or being employed, or the quantity rf
work to be done, or touching any matter whatsoever also provided for by tlm
Act ; but that all such courts and justices shall and may continue to uae,
exercise, and execute all the powers and authorities given to them in aud hj
any law or statute or any of them now in force in Ireland, in such and the
same manner as they could or might have done if this Act had not been made ;
anything herein contained to the contrary in anywise notwithstanding.
No person XIX. Pbovided always, that no person convicted of any offence agaimi
ihu'Act'X^ ^^^ -^ct, and who shall suffer for the same accordingly, shall be otherwise
be oibensiiii! puuished or suffer for such offence by authority of any other law now in force
jiun s e . ^^ Ireland.
i-iiniiHtion i.F XX, And be it further enacted, that if any action or suit shall be bronglit
aetmu«. ^^ commenced ^;ainst any person or persons for anything by him, her, of
* them done or executed in pursuance of any of the provisions in this Act, eodi.
- action or suit shall be commenced within three calendar months next aAar
the matter or thing done, aod eball be laid in the proper county ; and the defendHtj
GcDcral i~-iie. or defendants in such action or suit may plead the general issue, and give the epeau
matter in evidence for his or their defence [Rep., Stat. Law Rev. Act, I872.J ; and'
upon trial a verdict shall pass for the delendant or defendants, or the plainliff
plMntifis become nonsuited, or discontinue his, her, or their action or prosecution,
judgement shall be given agunst him, her, or them upon demurrer or otherwis«s l*
Treble i'i'-Li. such defendant or defendants shall have treble costs awarded to him or them a^t
Buch plaintiff or plaintiffs. |Rep., 5 & 6 Vict. c. 97. s. 2.J
reoaii^ -.i|aiibe XXI. Akd be it iiirther enacted, that all sum and sums of money, penalties,
^^rrwci "'' ' and forfeitures in this Act specified, mentioned, and contained shall he paid
and [jayable and received and receivable in Irish currency, whetlier tJie sanw
be 80 expressly mentioned or not.
r
AJ). 1802-3.
i^ Gkorgs III vv ^.^^ ^>i*.
'i\N^>
CHAPTER L\\Xl\
An Act for providing Rdkf for theFiWttUW oJf XIUUU Men iu S^vlUvuk wKivu
called out into actual Service. [\\i\\ \U\\s ( ^0 ^ |
XXL And be it enacted, that frmn am) aftt^r i\\^ )M^>i4iug \ii[ |luu Arl u\4 i^" mI ihmi..
sabstitnte shall be received for any ballottoil nmu \\\ thw \\\\\\\u\ mI hit^llmul, I*!'/'.' \\,\' ,„..
wiiich substitute shall have more than two lawi\)l uhthlroii Ikhii U\ HtdliMl* «* " i^'ii'i '
it the time he shall be produced to bo eim)lldd In tonim nf liii Atil* |ih <u.i| jii '*"*^'^'
the forty-second year of the reign of hm pronant M«JtJtt(y, iiiMhiliid •• All Ail' *•*<•' •* •'<
'tonuse and establish a militia force in Scotland/' i . ,
CHAPTER X(J1X,
€/-
If
'',/.' '
I
f,
;/
' 7
UMAJi'TlfiK A(;JX, ■- *' / // ' / ////•/
isicrfin' consolidating certain of the Proviftiz/iiif iumiAiiht:4 i^ t^t^y /Kii, /,i
ids relating to the Daties und^ tie Marm^^rimr/ii vf Uk- i 'oinhii>.-.h/t)itJ-
far the ^flSurs of Taxes, aad for auimdii^^ i(i^ mif^, ' y//ih 4 ^iiy i ^'V'^ ;
Ik hi-JCKASit is expedient that ^ifrtiutA^jf OiM i/r^/v^i//fn^ tAhH uow* *»- inniitnini
** ■"J Ads in nJadoo to tL« duiMi^ <A wif>'JU/w« i^ JyiiU^ '^ii ^jiiiiA);i<^>i i<i/ii < . ,
hordes, Bi'jV^. add ^/^ 3i.iA ^jiU-r U*i OuK^./ K^/<-i/ Uiiii.Wi >)< *!
tte CBBHisBaBer^ for ibfr tdin^n ^ inj^t itSjf/\*A U- M^iiu;^^^ >ni>> iii.i A'i </^
i IB tiM' pttrtjf<;uitt'«- )io^*?ij juui^iittVM 0 : i/4 i/ 4:i.«v<^<l )// ti<i /.n i* .» '. i" .r
^ Ik. a*; J*n..7
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310 43 Qeobqe III. c 99. A.D. 1802-3.
rapes, wards, or other districts, cities, boroughs, cinque ports, towns, and places
in the several counties, ridings, and divisions for which they are or shall be
appointed to be commissioners, meet together yearly and every year at the
most usual or common place of meeting within such districts, cities, borougbs,
cinque ports, towns, and places respectively on or before the tenth day of
Tiro coroinis- April yearly ; and any two or more of them shaJl hold such meeting or aoy
cieni lo hold Other meeting of commissioners authorized by this Act or the Acts before
meetings, Hnd mentioned, ajid shall be competent to do any act, matter, or thine thereby
compelenl to ■ i j. -u j i, u - - j i - . * '
do anj uct. required to be done by such commissioners ; and such commissioner, or so
Conuuissionerx many of them as shall be present at the first meeting to be holden in every
a'dei-k and iT y®*"*! or the major part of tbem having qualified themselves by taking or
uecctutiiry an having taken the oaths in manner herein directed J*j[, shall elect one fit and
nssiaiBoi. sufficient person to be their derk, ajid one other fit and sufficient peison, if
the said commissioners shall deem it necessary, to be his assistant, for all the
assessments to be made of the several duties with which the said commissioneiB
The person so shall be charged within their respective limito for one year, and which pereon
clerk far all iho SO elected shall by virtue of such election be the sole clerk to such commis-
nssewaieiiu foe gioners for all the said assessments to be made by them for such year, and
not to he re- which clerk shall not be removable from his said office during the year for
™ til for '"^^ which he shall be appointed as aforesaid, except for juat cause, and atameetii^
ciuiBe.imdat of the Commissioners for that piupose duly summoned by notice in writing ■
niKi^K ^gned by two or more of such commissioners and left at the usual place of
abode of each and every of the commissioners who shall have qualified us
aforesaid in and for audi district, city, bqrough, cinque port, town, or place,
Commissioners and by the major part of the commissioners present at such meeting; and
meeting lu^ &nch commissioners shall also at such their first meeting direct their several
issue precepts and joint precept or precepts to such inhabitants of each parish, ward, or place,
to be DiiM'ssors, tind such number of them as they in their discretion shall think most con-
who aro to up- yenient, to be presenters and assessors for such pariah, ward, or place, requiring
tun days. them to appear before the commisedoners at such place and at such time, not
exceeding ten days after the date of their precepts, as they shall appoint;
(Tommibsioiii^tB and at such their appearances the commissioners or so many of them as sball
mw'riii^"ifp- P*®^' ^^ ^^'^^ ^^^'■^ second meeting shall appoint such of the said inhabitants
point aasetaots as they shall think proper to be the assessors for such parish or place of the
inMrecdons'^™ several duties with which the said commissioners shall be charged as aforesaid,
for one year, and at the same time shall openly read or cause to be read unto
tbem the several duties for which they are to be appointed assessors, and
openly declare the effect of their charge unto them, and how and in what
manner they ought and should make their certificate and assessments of Uib
said several duties, and shall then and there appoint another day within the
time herein-after limited for the said persons to appear before the said com*
A«BcssoT8 to missioners and bring in their certificates of assessments of the said several
i^ing in assess- jyjjgg jjj writing uudet their hands, which shall be verified upon their oaths or
mcnIB on oalh. =" i l
AaseBsors to soJemn affirmations, and not otherwise ; which said assessors are hereoy
oliarge all per- strictly enjoined and required with all care and diligence to charge and aesess
the duties, &t., themselves, and all other persons chargeable with the said duties bo given to
[■ The provisions of thiit Act as b> the taking of oaths by the commisaioners are np-t
Stat. Low Hev. Act, 1872.1
A.D. 1802-8.
43 George III. c. 99.
311
them in chai^, and to make their assessments according to the provisions of
the laws then in force, upon pain of forfeiture of any sum not exceeding
twenty pounds nor less than five pounds ; and at the time and place so as
aforesaid prefixed for their appearance such assessors shall return the names. of
two or moi« able and' sufficient persons within the bounds or limits of those
polishes or places for which they shall be assessors respectively to the said
commissioners, to be by them appointed collectors of the several duties to be
raised and assessed by them as such commissioners.
X And be it forther enacted, that, every person to be appointed such assessor
sbU, before he shall take upon him the execution of the said employment, take the oaths
mendooed and required to be taken by an Act made in the Parliament held in the first
year of the reign of King William and Queen Mary, intituled "An Act for abrogating
*^ tbe oaths of allegiance and supremacy, and appointing other oaths," or, being one of
tiiepeq>le called Quakers, may make and subscribe the declaration of fidelity prescribed
hj ao Act made in the first year of the reign of King William and Queen Mary,
mtimled ** An Act for exempting their Majesties protestant subjects dissenting from
** the Church of England from the penalties of certain laws " ; which oaths or affirma-
tioas [Rep., 34 & 35 Vict. c. 48.J any one or more of the commissioners by whom
8Qch assessors shall be appointed, who shall themselves have taken the oath required
bf this Act to be taken by commissioners, {Rep., Stat. Law Bev. Act, 1872.} have
hereby power and are hereby required to administer, as also all and every
ndk other oaths or affirmations as are by this Act or any Act or Acts relating to
Ues to be assessed under the regulations of this Act required or allowed to
Vtiken before such commissioners by any officer or person whatever, in any
ttteor thing touching the execution of this Act or any Act or Acts granting
fte wii duties as aforesaid
II And be it further enacted, that every person to be appointed such
nenor shall and he is hereby required also to take the oath, or, being one of
tte people called Quakers, to make and subscribe the solemn affirmation before
tie commissioners for executing this Act in the form set forth in the schedule
to tfan Act annexed marked (B.) ; and if any person to be appointed assessor
IS aforesaid shall presume to act in the office or employment of an assessor
iefore he shall have taken the said oath or affirmation (as the case shall
require), he shall forfeit and pay for every such offence the sum of fifty
pounds.
XIJ, And be it further enacted, that in all cases the assessors so to be appointed
*i aforesaid shall irom time to time make and deliver in writing their certificates of
aaaessments of all the duties given to them in charge as aforesaid unto the respective
commissioners, or any two or more of them, on or before the fifth day of June yearly,
was soon after as conveniently can be done, and JBep., Stat. Law Rev. Act, 1872. J
tie commissioners to whom such assessments shall be so delivered, or any two
or more of them, shall forthwith set their hands to the said respective assess-
Jnents, testifying their allowance of the same ; and the said commissioners, or
toy two or more of them, are hereby required to sign and seal three duplicates
of the said assessments, to be prepared by their clerk, and forthwith to nomi-
nate and appoint two of the persons named or presented in each of such
assessments to be collectors or any other two such persons as such commis-
aoners are hereby authorized to appoint for the respective divisions and places
for which collectors shall be so presented, and to deliver or cause to be delivered
one of the said duplicates of such assessments so by the said conmaissioners
^flowed, together with warrants under the hands and seals of two or more of
the said commissioners for collecting the same, unto the respective persons by
under a penalty
not exceeding
20/. nor less
than 5/.
Assessors to
return names
of persons to
be collectors.
Oaths to be
taken by as-
sessors.
Commissioners
empowered to
administer
oaths under
this Act.
Assessors not
to act before
they have taken
the oath in
schedule (B.)
under penalty
of 50/.
Assessors to
deliver assess-
ments on or
before 5th
June yearly.
Commissioners
to sign three
duplicates of
the assess-
ments ; to ap-
pointcoUectors;
and to deliver
one of the du-
plicates to sdch
collectors, with
warrants for
collecting, and
another to the
surveyor.
The third du-
s
them nominiited to be collectors, and oi i other of the said duplicates to tlie
eui-veyor of the district for Uie time beii t, and the third of the saiil diipUcatffi
to be kept by such clerk for the use of he said commissioners ; and tho xalil
the several
sums contained in such duplicates from the parties charged thei-ewith, or at
the places of their last abode, or on the remises chained with tli.' as.L*s=irn=nl,
as the case may require, within ten dayspfter the said duties simli n.'s|"jctivi-ly
become payable next after aiich assessmJnta shall have been delivrinl to tljuu,
and upon payment thereof to give acquittances under their hain.ls nvidicat
taking anything for such acquittances, fie stamp duty for the saim- cxiTeyiii'il.)
unto the several persons who shall paylthe same ; and that sncli ao'juittaiioes
shall be full and perfect discharges tcl every such person who >liall [ay tlie
same, agaiust his Majesty, his heirs and successors.
XIII. And be it further enacted, thlt such persons as shall h-- giixsoutiilto
the said commissioners as before direcAd to be collectors shall, if leijiiiifil so
to do, give good and sufficient securitjJto any two or more of sulIi commit
sioners, equal to the amount of the wlJole duty and sum and siim^ i:>t' tuimej
assessed in and to be collected in eaJh district or place as aforc-aiil by such
collectors respectively, for their duly wying such monies assessod \i6 afi^resaid
as shall come to their hands, and for their duly demanding the miuis assessil
of the respective persons from wiion
nonpayment thereof, their duly enfor jig the powers of this Act iit;nin
who make default ; which security th( said commissioners, or any two or mora 1
of them, are hereby authorized and i
bond, with two sureties at the least, t( and in the names of any t\^o ur ninrs |
mm as aforesaid, and witli a comlitM
and on -failure of the pirsuns :io tinit
giving such security, if ri.'nuireil, the
of them, shall be at lili.Tty awl are
r sufficient persons who cai
If inlwbiUiitB
of district or
churebwar-
deoi, &c. re-
quire Becurity
from collectors,
and name fit
pergom Tilling
lo give such
Mcority, DO
collcclon than
of the inhabitants of the district
overseers or guardians of the poo
of them, or the select vestry, or an;
the same are payable, ami, i
powered to take by a joint ami several j
vi'ii by
of such commissioners, in such pena
thereto to the effect before mentioned
named or appointed to be collecton
said commissioners, or any two
hereby authorized to appoint any oth
security as aforesaid residing within i le limit of the same distrkt
be collectors of the said duties resp< sUvely ; and every such buni]
way of such security as aforesaid sha I be prosecuted by such
on any failure or default of the said
. . . Provided also, that such bom
whatever : Provided always, that if
limite of such districts or places re
such security, then and in such case
the respective commissioners as bef
monies asssessed as aforesaid withii
respectively,
XIV. PaoviDED always, and be it : irther enacted, that if any two or inoM
collector or collectors
shall not be subject to any sta.m]i ilutf
no f)erson8 can be found witbiii tbe
cctively wbo are willing (i ndb^ U> gi™
he persons who were first |iiv>ciit.i! w
re directed shall be Cfjlhutii-. <>( the
the limits of such districts <ji ilawfl
pkc
for which a collector or collect*tB
may be named as aforesaid, being i spectively charged to any of the saiil
duties to be assessed under the regu] ,tions of this Act, or the chui-chwarileJii
of any description, or any two c
seven or more of them, \\'hert! i
vestry shall be authorized to act for a ly parish or place, shall reijuire security
to be taken of the collector or collectc -s to be appointed for tiie
B pai'ish or plMai
jlUisom;.
4^ Grohot 111 ^ <*.
m behalf of which «iich a]ijilicar.i.m <4hAil >y Tr>j*3o. ntj,. v>>ji ' ni^'^r j^ ^^t jittm v " ^ ^
proper peraon or pesmcms tf» l«e a <vJ)<v*N« **«' <v^51a'^-'(Vv \\>h\ A^vjVN-i AnhX j^a ...^ i, , ^ ,
wiDiog to give «Qch seenritT. it sIbiJl ti*'^ KlU.>»^"1'nl tW vtTt^i x^^Y^1'rni'^v^^Y^t^t'<^ to ' ; v •
appoint odldctors far such duties or«ny itf thewi nntil mk>i ?N\-^n-il\ W u'iNv^> ; \ ,,' \ ., m ,'?.,.
and if the person or persoos ret^nKvl t<> tlo Mui <\w^^^^wTi,N^^iNH'^ Ax^^nhnii^^ f>N v
n »•»
this Act to be a ooUector or collect<>r«i sl^l «t%t h;(^\v jiiN-^^N \NV ^t^.-^'t^ >v^t ^^A^^ ^\^ \, ' ' ' ^
such secarify, th^i it shall be lawful for suAi t»mn\i^s\t>^ix^^^ t^s t^^N^Noi^^t <;>)o\^
persons, and no others, who shall hax'o booiJ nami'^( to \\\^\\\ \\y \\\\'^ \sr^*^o>w
respectively before m^itioned as fit and )n>i[>or |>«i^oi\r h\ W i*\\\W\\\\'<, t\s\\\
who will give such security as shall be nniuiif d.
XV. And be it further enacted, that wihin tho UW^ \)f inoilMlllv. Hu* ,^]'^,I*I'',,*|v/''^'
parii^efl of Saint Marylebone and Saint PanA^an in i\w i*otittl v wt Mlili||i»thx. im.l »n Mm
/•'•fn dr • n>Ui f**
( I tr I ' I I'
•.♦"if-f 'if
ft I" 'i
tke appointment of the collectors of such lutioR ar rtfnti>«rtl»l mIimII lu'lntiii h/'i''.',, ,''*'*
wholly to such of the commissioners for exJciitin^ itilH Act wtin mIimII tcnldh ilu H||„.ih(
in the wards or parishes for which such lollnrt^iffl tPHp»'rH-lvi'ly «M' In lu« r'Il!/'\\''/ji
appointed, in case there shall bo two or iihI*«5 cntnmUnU tUNf^ ihNh ti»^h\hui, I'inni,^,,^^
indno other commissioner shall in such caMfl inifirffTf) ; niu\ \i mIi/iII hfi hi^i'ii\
ksodi commissioners residing within th« rm\m'XWfi w«f/N tft pfitUht'*i titnth
snd to appoint two or more perHon« iff }ti (nAh^ti/tfrn w)to nhnii hftvh iff^^hfi
aAsecority as aforesaid, whether nnch ]ffrikfrm fthall hav^ }t^'Ptt fftf^^Mri^'/t fry
flttaasessois as af<»«said or named by the irl»abitftnf/9 frr f*}ffiff'h7ftiff}Mi^ titu}
oiBKOs or guardians of the p^jor or any iw; fft infttf^. tA ih^-tfr, tft ^r^y .-r. //^/,
«i«e <rf the vestry where a aeleet vf^irymhfii] li*. n^fp^ritrf^'^} *«• ^f^/ir'-.o'^f,
aitio shall be thcu^-ht by ^*iK:h tf/cfimivn^k,^^ Uf >^ ^A ;►>/;.>/ fA ^/f'^-n*^
tfctfice of conect«:>r; ami chat, in d«*fao;l /4 pr^^tftif^ ^ft tivir^.' r\*/ /nz-'S
fsvtnswho shall be willing co ^^^ ^i<!h -i^^mlrity *r;*^n *h^ ^A'A /*^*>-.*r■«"•^r<''--'
ffftiing as a&resaiii ^hail oanu^ ^ii*h r>'*r^**.n'<««r rh^y A\^'\ vnlr ^f /i »"••*/ ♦^'V
oeeote the said office: Pi^'viiiM ai^^y-* tfc.r, ir\*--r>^ -^^^ ^ .^^r.'-^ <*/,r->-«<f,
suets shall not be reaiitenc In any -nw^h wxrX ^r p^r^h ^>» *tV'vj»M >/• i"'''/^^
Bf JlactoTs are t» be aooflinD^i, 'hen \ <*s\vs\v(\\^c\r\f^ ^ ^a»?>»»»'«-->'^'>*^v/ '..nr'^t^r/
inany adjaeoit ward -ir Tartah in "Ji^ <«Kfn4 '*Annfc/ -,f- -**•/ .r»^y ht^iv,"^* »•
coocur with a GonimiflAii>n*fr h*> ii^Hlincir In •:fi*^»»>»y.»*^^r«^^>^^ ^ -n-;/*i> ^ ii*-/.t^»-
Bd every pczaon. apnc^inxed i ?Oilrt!?:»»r .n 'jn»'%n«m#*»* / '»''■» .^•^ ^''" f} -
»**'•; r-r-f
\VL Asm V It rnrriu-r -na**r«^t ■'.;iT
tppointed as a^rpsiaiii h^u! ^.:*m.>.' »^V''
4e office «jf an ui»es**<»r r T.'.,»rri.»* *i« ,'♦
wilfuOy oegleet t /etris^ •» .♦tt' i-.i .i^ »• t
•rf this Act. or -'f utv .i^t r .\fr-» --->T>r'^^.-*.
Rignlationa of "ikia Act '..r *-» u-r* .♦* »-j>{i *.
■idi commisBioiipr^. -r tJiv v»'r r .ir.i-^ ♦'
Aja Act impose 'in npr* r-r^«'n • »• «^- •/•▼.» /••
amafaitiDg asv 'irr, ..t.--
nasjesBor or ioiWr^ir .r nt-
■f the limita i ije rrt'
JBhabic
^(rfCii>wr >^
.»• 1
■.•?••«*** « ynr,\
\ .>;■
••<•■»■ f »
r
»♦» »■
i»r»fr
^ * ',
y
£i«
f
314
43 GEfRQE III. e 99.
A. D. 1802-3.
1^.
It-
is
I:
I
F?
^•.
V
ft'
i'
In privileged
and other
extra-paro- ^
chial places,
and where two
sufficient inhar-
bitants cannot
be found, the
commissioners
shall appoint
persons living
in or near such
places assessors
and collectors.
XVII. And be it further ei
being extra-parochial, and not yni
respective assessors to be appoini
where two able tod sufficient
sioners or any two or more of
d, that in aU privileged and other places,
n the constablewicks or precmcts of the
as aforesaid, and in all parishes and places
abitants cannot be found, the sa^d commis-
hem shall and they are hereby required to
nominate and appoint two fit perlons living in or near the said privileged or
other places as aforesaid to be aalessors for the said places, and to make and
return their said assessments in likp manner as by this Act is directed in any
parish or place, and also in likelmanner and in the like cases to appoint one
or more collector or collectors, pho are hereby required to collect and pay
ge, according to the rules prescribed by tliis
e sums of money assessed in any parish or
If assessors •
neglect their
duty:* surveyors
may perform'
the same.
the sums given to them in ch
Act for collecting and paying
place.
IXVIIL«I And be it further
neglect to appoint assessors as
them appointed shall neglect
them^ tiiat then and in every
surveyor or surveyors appointe
and perform such and the like
until such assessors shall be ap
ited, that in case such commissioners shall
ected by this Act, or in case the assessors by
perform what shall be lawfully required of
luch case it shall be lawful to and for the
or to be appointed as herein mentioned to do
^rvices as ought to be done by such assessorSi
minted and shall act with effect.
Officers ex^
cuting this Act,
or other Acts
herein men-
tioned, not
liable to any
other penalties
than such as
are contained
therein.
His Majesty or
the Treasury
may from time
to time appoint
officers for the
surrey and in-
spection of
duties under
commissioners
01 taxes.
XIX. Provided always, and Ibe it further enacted, that no conmiissioner,
employed in the execution of any such Act
this Act, shall be liable for or by reason of
penalties other than such as by this Act or
be inflicted
id, that itshall'be
IS heirs and successors, or the lords commis-
iree or more of them now or for the time
Surveyors to
certify sur-
charges twice
in the year.
Notice thereof
to be given to
the party sur-
charged.
assessor, or collector who shall
or Aots herein mentioned, ot o\
such execution to any penalty
the said Act or Acts are or ma^
XX And be it further enaci
lawful to and for his Majesty,
sioners of the Treasury or any
being, or the high treasurer for Ihe time being, from time to time to constitute
and appoint sudi person or perspns as his Majesty, his heirs and successors, or
•easury, or the high treasurer for the time
the officers for the survey and inspection of
it of the conmiissioners for the affairs of tases
as aforesaid, and for doing and executing
Ice of inspector or surveyor, according to the
powers vested in them by thislAct, or by any other Act or Acts for granting
the said duties to be assessea under the regulations of this Act, or any of
them.
XXI. And be it further e
inspector or inspectors shall t
of July and the tenth day of
December and the tenth da
times, certify in writing to t
surcharges as they may lawfi
the said commissioners of the
being shall think proper, to b<
the duties under the managem<
within that part of Great Bril
all things belonging to the oi
I
cted, that every such surveyor or surveyors*
ce in every year, to wit, between the first day
ugust following, and between the first day of
of January following, yearly, and at no other
o or more of the said commissioners all such
y make, and shall give or cause to be given to
every person so surcharged, oJ leave or cause to be left at his or her last or
usuid place of abode in the district where such surcharge shall be made, notice
I* This section is rep.^ so far ks it relates to neglect to appoint assessorsi Stat I^w
Rev. Act, 1872.J '
I
AJ). 1802-3.
43 Geoboe nik c. 09.
910
in wiitiiig of sach surcharge^ and of the amopnt for which he tjr n}ui nhaW }mv4^
been chaiged by virtue of such certificate.
XXn. And be it further enacted, that if aikr surveyor or Kurveyorw, \nn\>^ii:i/kt
or inspectors, shall omit to make a surcharge on or before the find ^hky (4
Aognst in any year, it shall be lawful forlthe said surveyor or wtirv^^yo/'H,
i]i^)ector or inspectors, to make such surcharge or surcharg<58 on or }Mifj/nf i}yti
&st (fay of Janoaiy following for the whole Tear*
mn. AnD be it fariher CTaeted, thai
abiO knowingly or wilfbDy, throuj^ favour,
pcson or personsL, or shall be guilty of
|fittieE!8 IB the execatiaa of his office,
fWT Bodb offaiee forfeit the sum of one fa
iUi be disehaiged from his said canp]
mV. AsB be it farther eoaoted, that if
VamiL hastily or themsdvea respectively
HBHMDt or sarthMrgt to be madfe by
ioi Vrfore miCTi tinned, it fihall be lawfal for
fD die eonamsBonerB for yaxxiiig in
to SBdi aoDcgaDept- os^ ^^'i^^ ^ tLe
*i%t'j4jt or iBipeic^c?, cr to casie or n^*; of ti**: i»shf^i»sh'jn ^jf V^k pua^^t
iBC^ Mill Mil t W ^nreLdtrsr^: ftixauH T^^ lUftd*:. erf* b-u*ai ;.l^.^»^i::'wy/t Vv
and lie wd wiirTr wsisgierE, or az/y tlN^o a*- in'jr*; of Vu^jll ^aL «u^
s hertSTT xbLidr&d ic Lea; axid QAn*ai:/..'ih isill «u«£ a:.:>:i»iife »ix,*y^^v ^ix^'^.
aoy aoch Kurveyor ^/r iu^^M^/r
fjr otnii Xo eWg'5 any
corrupt^ ves^joun^ aij/l j]]^^
surveyor or iitajM^ct/jr titkll f*/r
tdn^ pouiidj»^ a<»d on <x>rivi/;u/^
ly pennon ^^ perv/tt» wjuaJl tlii^ik
^erdiarg»d or ov^mttbd */)r a*//
or iu pur^oattc^ rf zay k^ vr
eotir/D \Lh «sud JUi <-r Aesu iju
'/iMif Uid tv« Um
ftiirf ^Wf )riBW'
y-Mf
r
1A WUi''i>«v'<
T
IH3.* IfcTiTBTE
1 t#t ii fiuxii*3f *a*y>fi ^Ljfi u-. itt»4»»5*sr?ui*nn »'^i*;'.
L *rniniift>i> u^-fTi p ai-^ rv. j r tu :r^ v
•ni iUiV, s;i*^
'^r^ su'^i.
'-T ltl;*^ ji^r?ji ti-a** i /-i--c iu<i i^*;
.*»^
^■*'
5Vri. 'iisr ^.►*-- ifii.L ^Mn::. a-*\: i*rr'- •/*«»*•' / ''-'.«-^.#o«^a^^
ions, int iiaciLi Hi'7 suei icn^^ai. luu*' ai ijrfc*t*<ti#rw >• ^^^^^^l ^^
306 43 Geobge III. c 86. AD. 1802-3.
nit the parties appointed to appear before the said justices upon such summons, and providcil
honfl'a'of COT- ^^' *^** ^'^^ summons ahull, in &e case last mentioned, be dpiivered bito
reciion. the hands of some person above the age of sixteen years, then resident in the
usual place of such person or persons), such two justices shall make &nd issiie
their warrant or wfurants for apprehending the person or persons so sum-
moned nnd not appearing as aforesaid, and for bringing him or tiiem before
such justices ; and upon the person or persons complained against appearing
upon such summons, or being brought by virtue of such warrant or varrants
before such justices, or upon proof on oath of such person or persons abscond-
ing, so that such warrant or warrants cannot be executed, then such twn
justices shall and they are hereby authorized and required forthwith to
• make enquiry touching the matters complained of, and to examine iuto Uie
same by the oath or oaths of any credible person or persons, and to hear and
determine the matter of every such complaint, and upon confession by the
party, or proof by one or more credible witness or witnesses upon oaUi (which
oath either of such justices is hereby authorized and empowered to administer
in such case, and in all other cases where an oath is to be taken More
any justice or justices of the peace in pursuance of this Act), to coiivii'l"r
acquit the party or parties against whom complaint shall have been tomiI'; ■.-
aforesaid, and to" give sentence for the forfeiture or penalty incurred umk
and by virtue of this Act ; and in case such forfeiture or penalty shall not
be forthwith paid pursuant to such conviction and sentence, such two jus-
tices shall and may by warrant under their hands and seals commit the
offender or offendera to the common gaol within their jurisdiction, there
to remain without hail or mainprize for any time not exceeding six calendar
months, nor less than two calendar months, unless such forfeiture or p<iijilly
or wages shell be sooner paid or satisfied, or otherwise at the discretion of
such justices to some house of correction within their jurisdiction, there to
remain and be kept to hard labour for any time not exceeding three calendar
months, unless such forfeiture or penalty or wages shall be sooner paid and
satisfied.
^° S^^' '" ^^^ Provided always, and be it further enacted, that no justice of the
wbich any of- peace, being also a master in any particular trade, manufacture, or occapatinn,
to°h^'°*^^^*^ in or concerning which any ofience is charged to have been committed under
committed, this Act, shall act as such justice under Chis Act ; any thing herein contain&i,
BuShwtiM '*'' *"y former statute, law, usage, or custom to the contrary thei'eof in any-
wise notwithstanding.
Justices may XIIL AkD he it further enacted, that it shall be lawful for the justice or
nesBtB, oDd for justices of the peace before whom any such complaint or information sliall be
non-*ppwij- made as aforesaid, and he and they is and are hereby authorized and reciuirel,
to give evidence ftt the request of any of the parties, to issue his or their summons 1^) stiv
iMy commit witness or witnesses, to appear and give evidence before such justice nr
justices, at the time and place appointed for hearing and determininfr suf''
complaint, and which time and place shall be specified in such summons ; an I
if any person or persons so summoned to appear as a witness or witne.-se.> ii^
aforesaid shall not appear before such justice or justices at the time ami fl^'ct'
specified in such summons, or offer some reasonable excuse for the default,
or appearing according to such summons shall not submit to be examined as
a witoess or witnesses, and give his or their evidence before such juetice or
A.D, i8oa-a
43 George III, c. 86.
307
justices toQching the matter of such complaint^ then and in every such case it
shall be lawfal for such justice or justices, and he and they is and are hereby
authorized (proof on oath in the case of any person not appearing according to
such summons having been first made before such justice or justices of the due
aervice of such summons on every such person, by delivering the same to him
or her, or by leaving the same twenty-four hours before the time appointed for
such person to appear before such justice or justices, at the usual place of
abode of such person), by warrant under the hand or hands of such justice or
justioes, to commit such person or persons so making default in appearing, or
appearing and refusing to give evidence, to some prison within the jurisdic-
tion of such justice or justices, there to remain without bail or mainprize
until such person or persons shall submit hiipself, herself, or themselves to be
examined, and give his, her, or their evidence before such justice or justices
as aforesaid*
XIV. And be it further enacted, that the informer or prosecutor shall in
every case under this Act be deemed a competent witness to prove the ofience
ehaiged ; and that all and every person and persons who shall or may offend
against this Act shall and may, equally with all other persons, be called upon
and compelled to give his or her testimony and evidence as a witness or wit-
nesses on behalf of his Majesty, or of the prosecutor or informer, upon any
information to be made or exhibited under this Act against any other person
<x persons not being such witness or witnesses as aforesaid; and that in all
soA cases every person having offended against this Act, and having given
^ (ff her testimony or evidence as aforesaid, shall be and hereby is indem-
nified of, from, and against any information to be laid or prosecution to be
eonmenced against him, her, or them for having offended in the matter
F^ergin or rdative to which he, she, or they shall have given testimony or
en'dence aiis aforesaid.
liiformers and
prosecutors
shaU be deemed
competent wit-
nesses ; -and *
offenders may
be compelled
to give evidence
against others,
and having
give& such
evidence, shall
be indemnified
for having
offended.
XVIL And be it further enacted, that if any person convicted of any
oS&tce or offences punishable by this Act shall think himself or herself
aggrieved by the judgement of the justices before whom he or she shall have
been convicted, such person shall have liberty to appeal from every such con-
viction to the next court of general sessions or general quarter sessions of the
peace which shall be held for the county, city, town, or place wherein such
offence was committed ; and that the execution of every judgement so ap-
pealed from shall be suspended, iA case the person so convicted shall, with
two sufficient sureties, immediately enter before such justices into a bond to
his Majesty, his heirs and successors, in the penal sum of double the amount
of the penalty so incurred or forfeited ; or in case such conviction shall contain
a judgement of imprisonment, such appellant shall immediately enter into a
recognizance before such justices, himself in the penalty of twenty pounds,
with two sufficient sureties in the penalty of ten pounds each, (which bond or
recognizance respectively such justices are hereby authorized and required to
take); and such bond or recognizance shall be conditioned to prosecute such
appeal with effect, and to be forth coming to abide the judgement and deter-
mination of the said next general sessions or general quarter sessions, and to
pay such costs as the said court shall award on such occasion ; and the justices
in the said next court of general sessions or general quarter sessions are hereby
U 2
Appeal may be
made to the
quarter ses-
sions, and
judgment
suspended
pending the
appeal, on |
securitjr being
given.
I
:i()8
43 Georoe III. c. 8G.
A.D. 1802-3.
the quOrdLT stj-
If [he jurlp-
ment of the
Jnati
bo Hffirmoi),
I he nppell«nt
shall pay lh»
penalty sad
touching com-
MnatioaH of
vrorknicu, Ac.
this Act nlinll
be otlicnvisc
punish I'd.
authorized and required to hear and determine the matter of the snlil niipcil,
and to award such costs an to them shall appear just and res^iMiabl" to )i
paid by either party; which decision shall be final between (lie ]im^ Vi
all intents and purposes, and no writ of certiorari or other w lit m pnni-i-
shall be allowed for removal of such proceedings into any of liis M;iii.siy's
superior courts of record ; and if upon hearing the said appeal thi? jiiii;:fiiiiTit
of the justices before whom the appellant shall have been coavictL'il sliiill i*
affirmed, such appellant shall forthwith pay the forfeiture or p(ii:ilt\- (if iuivi
mentioned in such conviction, and the costs awaided to hn ;iiii'l Ky Kuch
appellant ; and in default of payment thereof, or in case such cnuv tdion M\
contain a judgement of imprisonment, such appellant shall iiiiiintiiattly lie
committed by the said court to the common gaol or house of" tinintion,
according to such conviction and for the space of time therein un-iitinniii,
without bail or mainprize, and also until the payment of such cust^ a^ ^hall
be awarded by the same court to be paid by such appellant.
XVIIL And be it further enacted, that nothing in this Act contained shall
extend, or be construed to extend, to repeal, take away, or abridt:« the powen
and authorities now by law given to any court or to any justice or justicat
of the peaoe in Ireland, touching any combinations of artificers, manufactures,
journeymen, workmen, or labourers, or for settling and adjustinr; tlierataor
amount of wages to be paid to such journeymen, workmen, or other person*.
or the mode or time of their working or being employed, or flie iniantityrf'
■work to he done, or touching any matter whatsoever also provided for by this
Act; but that all such courts and justices shall and may ccntioiie to nsi,
exercise, and execute all the powers and authorities given to them in aud tiy
any law or statute or any of them now in force in Ireland, in sufh anil tbe
same manner as they could or might have done if tbbAct had nut been miwie
anything herein contained to the contrary in anywise notwithstanding,
XIX. Provided always, that no person convicted of any nffonce Jiiraia^t
this Act, and who shaJl suffer for the same accordingly, shall be ntlierwiso
punished or suffer for such offence by authority of any other la^v now in force
in Ireland.
XX. And be it further enacted, that if any action or suit shall be hrmight
or commenced against any pei-son or persons for anything by him, her, or
them done or executed in pursuance of any of the provisions in this Act, suA
action or suit shall be commenced within three calendar months next after
the matter or thing done, and shall be laid in the proper county ; and tlic ridWinliu*
or defendants in such action or suit may plead the general issue, and gi^'l' the spedf
niatter in evidence for his or their defence JRep., Stat. Law Rev. Act, 1S72.J ; nod
upon trial a verdict shall pass for the del'endant or defendants, or tlip pliiinliff
plaintiffs become nonsnited, or discontinue his, her, or their action or prv&ecutiai),
judgement shall be given against hioi, her, or them upon demurrer or otherwise, ll
such defendant or defendants shall have treble costs awarded to him or them
snch plaintiff or plaintiffe. JRep., fi & 6 Vict. c. 97. 8. 2. J
XXI. Akd be it fiirther enacted, that all sum and sums of money, pcnal^
and forfeitures in this Act specified, mentioned, and contained shall be
and payable and received and receivable in Irish currency, wlietlier the i
Ije so expressly mentioned or not.
ID. 1802-3.
43 George III. c. 89, 99.
309
CHAPTER LXXXIX.
An Act for providing Relief for the Families of Militia Men in Scotland when
called out into actual Service. [11th July 1803.]
XXL And be it enacted, that from and after the passing of this Act no No substitute
substitnte shall be received for any ballotted man in the militia of Scotland, ceived having
vliich substitute shall have more than two lawful children bom in wedlock more than two
tt the time he shall be produced to be enrolled in terms of an Act passed in
the forty-second year of the reign of his present Majesty, intituled "An Act 42Geo.3.c.9i.
" to raise and establish a militia force in Scotland,"
• • # * # *# •'•
CHAPTER XCIX. ^^^7 //^i-iltfifLiJ'k^
As Act for consolidating certain of thfc Provisions contained in any Act or (L-/ , /
Acts relating to the Duties under tie Management of the Commissioners
for the- Affairs of Taxes, and for ammding the same. [27th July 1803.]
VHEREAS it is expedient that certain! of the provisions and powers contained
in any Acts in relation to the duties ol windows or lights, on inhabited houses,
on serrauts, carriages, horses, mules, and dogi, and other the duties lately transferred
to tiie commissioners for the affairs of taxes should be reduced into one Act of
Ptt&unent, and. amended in the particulars therein mentioned : Be it enacted by the All duties now
^8 most excellent Majesty, by and with thel advice and consent of the lords spiritual under thfe ma-
■ilEnporal, and commons, in this present Parliament assembled, and by the authority ^e°ient of
<(4Kaine, that all the said duties now under the management of the commissioners gion^^^r the
ftrtktSairs of taxes (except the monies arising from the aid granted to his Majesty affairs of taxes
^tha tax by an Act passed in the thirtyteighth year of the reign of his present to be levied
J6^), so fer as the same relate to England, Wales, and Berwick-upon-Tweed, under the re-
Afljfrom and after ^the time herein -after mentioned for the commencement of this S*- ^^ .
-Art, be assessed, raised, levied, and paid undo: the regulations thereof. {Rep., Stat. * ^ the land
liwRev. Act, 1872.J j tax.
UL And whereas new or other duties xm y hereafter be placed under the manage-
BKDt of the said commissioners for the af[i irs of taxes to be assessed under the
"Epilations of this Act : Be it further enact d, that this Act with respect to the said Application of
w-mentioned duties shall be construed to ti ke effect from and after the times respec- *^K ^^^ ^
^wlj appointed by the Act or Acts granting 3uch duties for the commencement of the ^^^^'
ame. {Rep., Stat. Law Rev. Act, 1872.1
• * • * *
7
new
Vni. And be it further enacted^ thaj
between such commissioners in any mati
«»y Act before mentioned in which any
in case of any controversy arising Commissioners
, . , . , . J, ooncerned
or thing touching the execution of either in their
^mmissioner or commissioners shall ownji^rht, or
I>e interested in his or their own right, orlconcemed in the controversy in the to hSve no
light of any person for whom they shall act as steward, agent, attorney, or ^oicem con-
solicitor, the commissioner or commissionek's so interested or concerned shall to withdraw
bave no voice, but shall withdraw during tne debate of such controversy until ^^ ^^ penalty
it shall have been determined by the restlof the commissioners, on pain that
«veiy commissioner who shall 90 act in anjr matter or thing in which he or
tbey is or are interested or concerned as afor^aid shall forfeit and pay the sum
rf fifty pounds.
IX. And be it further enacted, that such\ commissioners as shall be duly Commiarioners
> to meet AH'
qualified to act in the execution of the Acts oefore mentioned, in order to the naaiij on or
speedy execution thereof, shall, in the respective hundreds, laths, wapentakes, ^T"®J?** ^^^
43 George III. c. 8G.
A.D. 1802-3.
the qoarttT sc
■bus shall b^'
Baal
IfthejudK-
ment of llit
be affirmed,
I he uppctlHnt
nhal] pay the
[itnullj and
biDatione of
worlunco, &c.
thii Acl Hbnll
Penalty sliall be
paid in Irish
eurrencj,
authorized aad required to hear and determine the matter of the stud appeal,
and to award Huch costs as to them shall appear just and reasonable to
paid by either party ; which decision shall be final between the pai
all intents and purposes, and no writ of certiorari or other writ or process
shall be allowed for removal of such proceedings into any of his Xajesty's
superior courts of record ; and if upon hearing the said appeal the jui^ement
of tho justices before whom the appellant shall have been convicted shali k
affirmed, such appellant shall forthwith pay the forfeiture or penalty (if my]
mentioned in such conviction, and the costs awai'ded to be paid by ^uch
appellant ; and in de&ult of payment thereof, or in case such conviction slisll
contain a judgement of' imprisonment, such appellant shall immediately l*
committed by the said court to the common gaol or house of correction,
according to such conviction and for the epa^e of time therein mentioned,
without bail or mainprize, and also until the payment of such costs as shall
1)6 awarded by the same court to be paid by such appellant.
XYIII. And be it further enacted, that nothing in this Act contained shall
extend, or be construed to extend, to repeal, take away, or abridge the pdnirs
and authorities now by law given to any court or to any justice or justices
of the peace in Irelaud, touching any combinations of artificers, manufacturer.
journeymen, workmen, or labourers, or for settling and adjusting the rale u;
amount of wages to be paid to such journeymen, workmen, or other persun^
or the mode or time of their working or being employed, or the quantity of
work to be done, or touching any matter whatsoever also provided for by this
Act ; but that all such courts and justices shall and may continue to use,
exercise, and execute all the powers and authorities given to them in and 1^
any law or statute or any of them now in force in Ireland, in such ami tlie
same manner as they could or might have done if this Act had not been n]:\<k .
anything herein contained to the contrary in anywise notwithstanding.
XIX. Provided always, that no person convicted of any offence against
this Act, and who shall suffer for the same accordingly, shall be otherwisi?
punished or suffer for such offence by authority of any other law now in force
in Ireland.
SX. And be it farther enacted, that if any action or suit shall be bioogiit
or commenced against any person or persons for anything by him, her, or
them done or executed in pursuance of any of the provisions in this Act, bucIi
action or suit shall be commenced within three calendar months next after
the matter or thing done, and shall be laid in the proper county ; and the def<'nil»iil
or defendants in such action or suit may plead the geDerol issue, and give the specisi
matter in evidence for his or their defence [Bep., Stat. Law Hev. Act, 1872.3 ; luiil if
upon trial a verdict shall pass for the delendant or defendants, or the plaintiff o'
plaintiffs become nonsuited, or discontinue his, her, or their action or proseculioii. ct
judgement shall be given agfuDSt him, her, or tJiem upoD demurrer or otherwise, then
such defendant or defendants shall have treble costs awarded to him or them nfraio-'i
such plaintiff or plaintiRs. JRep., 5 & 6 Vict. c. 97. a. 2. J
XXI. Akd be it further enacted, that all sum and sums of money, ijenalties,
and forfeitures in this Act specified, mentioned, and contained sh^ be paid
and payable and received and receivable in Irish currency, whether the aunt
be 50 expressly mentioned or not.
A.D. 1802-3.
43 George III. c. 89, 99.
309
CHAPTER LXXXIX.
An Act for providing Relief for the Families of Militia Men in Scotland when
called out into actual Service. [11th July 1803.]
XXL And be it enacted, that from and after the passing of this Act no No substitute
sabstitate shall be received for any ballotted man in the militia of Scotland, ceived having
which substitute shall have more than two lawful children bom in wedlock more than two
-at the time he shall be produced to be enrolled in terms of an Act passed in
the forty-second year of the reign of his present Majesty, intituled "An Act 42 Geo. 3. c. 9 1.
*" to raise and establish a militia force in Scotland,"
r^T^ fMu'd'L
CHAPTER XCIX. -^^^ j ll^f-jlil
An Act for consolidating certain of the Provisions contained in any Act or Q^/ , /
Acts relating to the Duties under tie Management of the Commissioners
for tbe^Afiairs of Taxes, and for amending the same. [27th July 1803.]
\lj UEREAS it is expedient that certain! of the provisions and powers contained
If in ftDj Acts in relation to the duties ol windows or lights, on Inhabited houses,
on semmts, carriages, horses, mules, and dogL and other the duties lately transferred
to the commissioners for the affairs of taxjes should be reduced into one Act of
Fvliiment, and amended in the particulars therein mentioned : Be it enacted by the All duties now
^'smost excellent Majesty, by and with tha advice and consent of the lords spiritual imder thfe ma-
Hti temporal, and commons, in this present Pa rliament assembled, and by the authority i^ement of
--•' ' '■ ■^- '-•' J the commis-
7
of tiKame, that all the said duties now und
iTt&eiffairs of taxes (except the monies aris
^iimd tax by an Act passed in the thirty
^i^\ 80 far as the same relate to Eng
.4si/4^m and after ^the time herein -after m
the management of the commissioners gjoners for the
ng from the aid granted to his Majesty affairs of taxes
eighth year of the reign of his present to be levied
and, Wales, and Berwick-upon-Tweed, under the re-
ntioned for the commencement of this g?^**l^^* ^^
thiB Act, ex-
Act, be assessed, raised, levied, and paid und( • the regulations thereof. {Rep., Stat, ^j^p^ the'land
Lair Eev. Act, 1872.J tax.
III. And whereas new or other duties ms ^ hereafter be placed under the manage-
ment of the said commissioners for the af[j irs of taxes to be assessed under the
regulations of this Act : Be it further enact d, that this Act with respect to the said Application of
Imst-mentioned duties shall be construed to tt ke effect from and after the times respec- ^^, ^^^ ^ °®^
t\ w ^\ OA
tivelj appointed by the Act or. Acts granting such duties for the commencement of the
same. {Rep., Stat. Law Rev. Act, 1872.}
* * * * •l« * • «
VIII. And he it further enacted, thai in case of any controversy arising Commissioners
betureen snch commissioners in any matto* or thing touching the execution of either in their
any Act before mentioned in which any pommissioner or commissioners shall own right, ot
be interested in his or their own right, or iconcemed in the controversy in the to have ho
ri^ht of any person for whom they shall act as steward, agent, attorney, or !^*^*^^^u't
solicitor, the commissioner or commissioner's so interested or concerned shall to withdraw
have no voice, but shall withdraw during tne debate of such controversy until "" ^^ penalty
it shaJl have been determined by the restlof the commissioners, on pain that
every commissioner who shall 90 act in anj matter or thing in which he or
they is or are interested or concerned as aforesaid shall forfeit and pay the sum
of fifty pounds.
IX. And be it further enacted, that such\ commissioners as shall be duly ComnM8«oner8
\ to meet an*
qualified to act in the execution of the Acts Uefore mentioned, in order to the noaiij on or
speedy execution thereof, shall, in the respectrtre hundreds, laths, wapentakes, ^^^ ^^ ^^^
r t
9
310
43 Qeobge IIL c. 99.
A.D. 1802-3.
r •
-1
\ik -^
Two oommift-
sionen suffi-
cient to hold
meetmgs, and
competent to
do any act.
Commissioners
present to elect
a clerk, and if
necessary an
assistant.
The person so
elected to be
cleric for all the
assessments for
one year, and
not to be re-
movable, ex-
cept for just
cause, and at
a special
meeting.
Commissioners
at their first
meeting to
issue precepts
to persons fit
to be assessors,
who are to ap*
pear within
ten days.
Commissioners
at Ot^M^nd
meeting to ap-
point assessors
and give them
instructions.
Assessors to
bring in assess-
ments on oath.
Assessors to
charge all per-
sons liable to
the duties, Ssc,
rapes, wards, or other districts, cities, boroughs, cinque ports, towns, and places
in the several counties, ridings, and divisions for which they are or shall be
appointed to be commissioners, meet together yearly and every year at the
most usual or commoil place of meeting within such districts, cities, boroughs,
cinque ports, towns, and places respectively on or before the tenth day of
April yearly ; and any two or more of them shall hold such meeting or any
other meeting of conmiissioners authorized by this Act or the Acts before
mentioned, and shall be competent to do any act, matter, or thing thereby
required to be done by such commissioners ; and such commissioners, or so
many of them as shall be present at the first meeting to be holden in every
year, or the major part of them having qualified themselves by taking or
having taken the oaths in manner herein directed 1*1, shall elect one fit and
sufficient person to be their derk, and one other fit and sufficient person, if
the said commissioners shall deem it necessary, to be his assistant, for all the
assessments to be made of the several duties with which the said commissioner
shall be charged within their respective limits for one year, and which person
so elected shall by virtue of such election be the sole derk to such commis-
sioners for all the said assessments to be made by them for such year, a&d
which derk shall not be removable fix)m his said office during the year for
which he shall be appointed as aforesaid, except for just cause, and at a meeting
of the commissioners for that purpose duly siunmoned by notice in writing
signed by two or more of such commissioners and left at the usual place of
abode of each and every of the commissioners who shall have qualified as
aforesaid in and for such district, dty, bqrough, cinque port, town, or plaoe,
and by the major part of the commissioners present at such meeting; and
such commissioners shall also at such their first meeting direct their several
and joint precept or precepts to such inhabitants of each parish, ward, or place,
and such number of them as they in their discretion shall think most con-
venient, to be presenters and a^essors for such parish, ward, or place, requiring
them to appear before the conmiissioners at such place and at such time, not
exceeding ten days after the date of their precepts, as they shall appoint;
and at such their appearances the commissioners or so many of them as shall
meet at such their second meeting shall appoint such of the said inhabitants
as they shall think proper to be the assessors for such parish or place of the
several duties with which the said commissioners shall be charged as aforesaid,
for one year, and at the same time shall openly read or cause to be read unto
them the several duties for which they are to be appointed assessors, and
openly declare the eflfect of their charge unto them, and how and in what
manner they ought and should make their certificate and assessments of the
said several duties, and shall then and there appoint another day within the
time herein-after limited for the said persons to appear before the said com-
missioners and bring in their certificates of assessments of the said several
duties in writing under their hands, which shall be verified upon their oaths or
solenm afi&rmations, and not otherwise; which said assessors are hereby
strictly enjoined and required with all care and diligence to charge and assess
themselves, and all other persons chargeable with the said duties so given to
1 T -I I ■ -^ ^ - . , . ^ —^^^^^^
\^ The provisions of this Act as to the taking of oaths by the commissioners are rep*^
Stat. Law Eev. Act, 1872. J
A.D. 1802-&
43 George IIL c. 99.
311
them in charge, and to make their assessments according to the provisions of under a penalty
the laws then in force, upon pain of forfeiture of any sum not exceeding 20/. noTiesT^
twenty pounds nor less than five pounds ; and at the time and place so as than 5/.
aforesaid prefixed for their appearance such assessors shall return the names.of Assessors to
^ ^^ , , , , ' return names
two or more able and sufficient persons within the bounds or limits of those of persons to
parishes or places for which they shall be assessors respectively to the said ^® collectors.
oonuiussioners, to be by them appointed collectors of the several duties to be
raised and assessed by them as such commissioners.
X And be it further enacted, that every person to be appointed such assessor Oaths to be
fihaU, before he shall take upon him the execution of the said employment, take the oaths **^en by as-
mentioned and required to be taken by an Act made in the Parliament held in the first ^^^°"'
year of the reign of King William and Queen Mary, intituled ^' An Act for abrogating
^ the oaths of allegiance and supremacy, and appointing other oaths," or, being one of
the people called Quakers, may make and subscribe the declaration of fidelity prescribed
by an Act made in the first year of the reign of King William and Queen Mary,
intituled '* An Act for exempting their Majesties protestant subjects dissenting from
** the Chorch of England from the penalties of certain laws " ; which oaths or sdffirma-
tkfoa JRep., 34 & 35 Vict. c. 48. J any one or more of the conmiissioners by whom Commigsioners
Hich assessors shall be appointed, who shall themselves have taken the oath required ^^^g^r *^
\ff this Act to be taken by commissioners, |Rep., Stat. Law Rev. Act, 1872.} have oaths under
hefcby power and are hereby required to administer, as also aU and every ***" ^^^
wA other oaths or affirmations as are by this Act or any Act or Acts relating to
Mes to be assessed under the regulations of this Act required or allowed to
Ve taken before such commissioners by any officer or person whatever, in any
utter or thing touching the execution of this Act or any Act or Acts granting
& mi duties as aforesaid.
IIAkd be it further enacted, that every person to be appointed such Assesgorenot
tfwwr shall and he is hereby required also to take the oath, or, being one of *? *^* ^^'^'T
. ^ ^ ' ' ^o they have taken
we people called Quakers, to make and subscribe the solemn affirmation before the oath in
tike commissioners for executing this Act in the form set forth in the schedule ^^^"^e^V
to this Act annexed marked (B.) ; and if any person to be appointed assessor of 50/.
as aforesaid shall presume to act in the office or employment of an assessor
before he shall have taken the said oath or affirmation (as the case shall
require), be shall forfeit and pay for every such offence the sum of fifty
pounds.
X{I. And be it further enacted, that in all cases the assessors so to be appointed Assesson to
u aforesaid shall from time to time make and deliver in writing their certificates of deliver assess-
assessments of all the duties given to them in charge as aforesaid unto the respective ??^ ^^.^^
oommissionersy or any two or more of them, on or before the fifth day of June yearly, ju^J^early.
c^ as soon after as conveniently can be done, and {Hep., Stat. Law Rev. Act, 1872. J
the commissioners to whom such assessments shall be so delivered, or any two
or more of them, shall forthwith set their hands to the said respective assess-
ments, testifying their allowance of the same ; and the said conmiissioners, or Commissioners
any two or more of them, are hereby required to sign and seal three duplicates ^pi^tes^
of the said assessments, to be prepared by their clerk, and forthwith to nomi- the asscss-
nate and appoint two of the persons named or presented in each of such p^ntcoilertors-
assessments to be collectors or any other two such persons as such commis- and to deliver
sioners are hereby authorized to appoint for the respective divisions and places p^tatesto sdch
for which collectors shall be so presented, and to deliver or cause to be delivered collectors, with
one of the said duplicates of such assessments so by the said conmiissioners collecting, and
allowed, together with warrants under the hands and seals of two or more of «nother to the
the said commissioners for collecting the same, unto the respective persons by The third dn-
312
43 Geohqe
them nominated to be collectors, and oi ) other of the said (Uiplicates U- tke
sui-veyor of the district for the time heii '„ and the third of thf saiil ilu[,]icat(?.
to be kept by such clerk for the use of
IT. c. 99.
A.D. 1802-n.
be said commissionci'^ ; iuu\ ilio
Collectors In
rive security,
tf required.
collectors are hereby enjoined and requ red to make demam! nl' ilic si-v-ral
' sums contained in such duplicates from the parties charged tlierewitli, or ai
the places of their last abode, or on the iremises charged witb the asscs^nirtit,
as the case may require, within ten day^kfter the said duties ~hall ^!'^|ltctivdy
become payable next after siich asseasmJnts shall have been d<.-liv(;iL<l to tWrn,
and upon payment thereof to give acquittances under their hands (withnut
taking anything for such acquittances, ma stamp duty for the .sfiino t?xcepted,)
unto the several persons who shall paylthe same ; and that t^iich ac'iuitUticu
shall be full and perfect discharges tJ every such person wliu sliall j^ytlie
same, agaipst his Majesty, hia heirs and successors.
XIII. And be it further enacted, thLt such persons as siall 1il> prescDUii lo
the said commissioners as before directed to be collectors shall, if leiiuiiedso
to do, give good and sufficient securit^to any two or more of such commis-
sioners, equal to the amount of the wnale duty and sum and sums of monejr
assessed in and to be collected in eaai district or place as aforesaid byeuii
collectors respectively, for their duly |
as shall come to their hands, and for
of the respective persons from whon
lying such monies asscssL-d as aforeaai
heir duly demanding tlie sums a.sse«ed
the same are payable, sitid, in case of'
nonpayment thereof, their duly enfor ng the powers of this Act against
who make default ; which security tb<
of them, are hereby authorized and er powered to take by a joint and sevarf
Appointment
at other per-
failure lo givo
security.
bond, with two sureties at the least, t
of such commissioners, in such pena
thereto to the effect before mentioned
named or appointed to be collector!
If inliAbitiiiits
of diBtrict nr
churcli war-
den!. Sec. re-
quite aeeuriiy
to be taiien
colleolora,
said commissioners, or any two
and in the names of any tw
sum as aforesaid, and with a conditia^
and on failure of the jtei-sons so
giving such security, il' requii'ed.
said commissioners, or any two or m re of them, shall be at liberty and
hereby authorized to appoint any oth r sufficient persons who can give »
secuiity as aforesaid residing within t le limit of the same district or placet
be collectors of the said duties respt itively; and every such bond given I "^
way of such security as aforesaid sha . be prosecuted by such commisi
collector or collectors ; . . . .
shall not be subject to any stamp d
no persons can be found within
on any failure or default of the said
. . . Provided also, that such bont
whatever : Provided always, that ii
limits of such districts or places res lectively who are wiUing or able to pi
he persons who were first presented
e directed shall be collectors of
the limits of such distiicts or p!i
leflt
collectors ^^ball
such security, then and in such case
the respective commissioners as bef
monies assseased as aforesaid withii
respectively.
XIV. Provided always, and be it : irther enacted, that if any two
of the inhabitants of the district o:
may be named as aforesaid, being r spectively charged to any of the
duties to be assessed under the regul tions of this Act, or the church'
or overseers or guardians of the poo of any description, or any two ta"
of them, or the select vestiy, or an; seven or more of them, where a
vestry shall he authorized to act for a ly parish or place, shaU require
to be taken of the collector or collectc -s to be appointed for tin- parish or
JLD. 1802-3.
43 George III. c. 99.
313
on behaif of which such application shall be made, and shall name a fit and
proper person or persons to be a coUectol or collectoi^ who respectively are
wiDing to give such security, it shall not bellawful for such commissioners to
appoint collectors for such duties or any of them until such security be given ;
and if the person or persons returned to tie said commissioners according to
tliis Act to be a collector or collectors shall not have given or shall not give
such security, then it shall be lawful for su
persons, and no others, who shall have bee
respectively before mentioned as fit atid pr
who will give such security as shall be requi
commissioners to appoint such
named to them by the persons
er persons to be collectora, and
d.
be appointed
untilsuchHecu*
rily be given,
and the personfi
named shall foe
appointed if the
persons re-
turned do not
give it.
XV. And be it further enacted, that wilhin the bills of mortality, the
pttrishes of Saint Marylebone and Saint Pancl-as in the county of Middlesex,
the appointment of the collectors of such luties as aforesaid shall belong
wholly to such of the commissioners for exJcuting this Act who shall reside
in the wards or parishes for which such JoUectors respectively are to be
appointed, in case there shall be two or mere commissioners there resident,
and no other commissioner shall in such easel interfere ; and it shall be lawful
for such commissioners residing within the rlspective wards or parishes afore-
aid to appoint two or more persons to bJ collectors who shall have given
mA security as aforesaid, whether such pernns shall have been presented by
{he assessors as aforesaid or named by the inhabitants or churchwardens and
OKTsers or guardians of the poor or any t\«) or more of them, or any seven
« me of the vestry where a select vestrykhall be appointed as aforesaid,
ffldiio shall be thought by such commissicpers to be of ability to execute
de office of collector ; and that, in defaull of presenting or naming such
fmm who shall be .willing tp give such secmrity, then the said commissioners
leading as aforesaid shall name such personsleis they shall think of ability to
Cttcute the said office : Provided always, tlat where two or more commis-
aooers shall not be resident in any such warl or parish as aforesaid for which
ccAictoTs are to be appointed, then a commislioner or commissioners residing
in any adjacent ward or parish in the saml county or city may appoint or
concor with a commissioner so residing in thelappointment of such collectors ;
tt>d every person appointed a collector in purluance of this Act shall also, by
^e of such^ appointment, act as an assessdf for the same parish, ward, or
plice.
Witl^in the bills
of mortality
and St. Mary,
lebone and
8t Pancras
the appoint-
ment of col-
lectors shaU
belong to the
commissioners
residing in the
respective
tvards or
parishes.
y assessor or collector to be
refuse to take upon himself
he shall be appointed, or shall
the due and speedy execution
XYL And be it further enacted, that if
appointed as aforesaid shall wilfully neglect
tte office of an assessor or collector to whic
^'ilfiJly neglect or refuse to perform his duty i
<rf ihis Act, or of any Act or Acts granting dities to be assessed under the
^regulations of this Act for which he shall be ap|)ointed an assessor or collector,
•och commissioners, or any two or more of tihfem, may and shall by virtue of
™is Act impose on such person or persons so reTusing or neglecting for every
^^ offence a fine not exceeding twenty poixids ; provided, that no person
mhabiting any city, borough, or town corpomte shall be compelled to be
*n afisesBor or collector for any part of such du iies in any place or places out
w the limits of the city, borough, or town c
inbabiU
rporate in which he shall sq
Appointment
of collectors in
wards, &c.
where there are
not two or
more commis-
sioners resi-
dent.
Collectors shall
also act as as*
sessors.
Assessors or
collectors re- •
fusing to take
the office or
neglecting their
duty may be
fined by com-
missioners, not
exceeding 20/.
Inhabitants of
a city or bo-
rough, 3cc, noC
compelled to be
assessors or coU
lectors oot of
its limits.
1 •
I.
I -
•
»
1 •
Tn privileged
and other
1 •'•
■ i •
I
u ■
i
n..
i '
1
I
r ■
k
extra-paro- ^
chial places)
and where two
sufficient inha-
bitants cannot
be found, the
commissioners
shall appoint
persons living
in or near such
• places assessors
and collectors.
1'
I
e ,
1
If assessors •
neglect their
duty, surveyors
may perform'
the same.
■Jr.
i
*■
314
43 GEiROE III. a 99.
A.D. 1802-3.
XVII. And be it further enactid, that in all privileged and other places,
being extra-parochial, and not witlin the constablewicks or precincts of the
respective assessors to be appointed as aforesaid, and in all parishes and places
where two able 4nd sufficient iimabitants cannot be found, the si^d commis-
sioners or any two or more of Ihem shall and they are hereby required to
nominate and appoint two fit perlons living in or near the said privileged or
other places as aforesaid to be aalessors for the said places, and to make and
return their said assessments in likp manner as by this Act is directed in any
parish or place, and also in likelmanner and in the like cases to appoint one
or more collector or collectors, pho are hereby required to collect and pay
ge, according to the rules prescribed by this
e Slims of money assessed in any parish or
the sums given to them in ch
Act for collecting and paying
place.
IXVIIL«I And be it further
neglect to appoint assessors as
them appointed shall neglect
them, that then and in every
surveyor or surveyors appoint
and perform such and the like
until such assessors shall be ap
Officers exe-
cating this Act,
or other Acts
herein men-
tioned, not
liable to any
other penalties
than sach as
are contiuned
therein.
His Majesty or
the Treasury
may from time
to time appoint
officers for the
survey and in-
spection of
duties under
commissioners
01 taxes.
Surveyors to
certify sur-
charges twice
in the year.
Notice thereof
to be given to
the party sur-
charged.
ited, that in case such commissioners shall
*ected by this Act, or in case the assessors by
perform what shall be lawfully required of
(uch case it shall be lawful to and for the
or to be appointed as herein mentioned to do
irvices as ought to be done by such assesson,
>inted and shall act with effect.
XIX. Provided always, and Ibe it further enacted, that no commissioner,
assessor, or collector who shall be employed in the execution of any such Act
or Acts herein mentioned, ot of this Act, shall be liable for or by reason of
such execution to any penalty or penalties other than such as by this Act or
the said Act or Acts are or may! be inflicted
XX. AlND be it further enacled, that it shall *he
lawful to and for his Majesty, 1ms heirs and successors, or the lords commis-
sioners of the Treasury or any jbhree or more of them now or for the time
being, or the high treasurer for fhe time being, from time to time to constitute
)ns as his Majesty, his heirs and successors, or
•easury, or the high treastirer for the time
the officers for the survey and inspection of
Lt of the commissioners for the affairs of taxes
as aforesaid, and for doing and executing
Ice of inspector or surveyor, according to the
powers vested in theni by thisJAct, or by any other Act or Acts for granting
the said duties to be assesseq under the regulations of this Act, or any of
them.
XXL And be it further e
inspector or inspectors shall t
of July and the tenth day of
December and the tenth da;
times^ certify in writing to t
surcharges as they may lawf
and appoint sudi person or pei
the said commissioners of the
being shall think proper, to
the duties under the managemi
within that part of Great Bril
all things belonging to the oi
cted, that every such surveyor or surveyors,
ce in every year, to wit, between the first day
ugust following, and between the first day of
of January following, yearly, and at no other
o or more of the said commissioners all such
y make, and shall give or cause to be given to
every person so surcharged, oi leave or cause to be left at his or her last or
UBUfd place of abode in the difitrict where such surcharge shall be made, notice
l^ This section is rep., so farps it relates to neglect to appoint assessors, Stat. Law
Rev. Act, 1872.J
AJ). 1802-3.
43 George IIL c. 99.
315
any such surveyor or inspector
iderrate or omit to charge any
corrupt, vexatious, and illegal
surveyor or inspector shall for
idred pounds, and on conviction
ly person or persons shall think
in writing of such surcharge, and of the amdfint for which he or she shall have
been chiuged by virtue of such certificate.
XXTT. And be it further enacted, that if arkr surveyor or surveyors, inspector
pr inspectors^ shall omit to make a surcharge on or before the first day of
Angust in any year, it shall be lawful for [the said surveyor or surveyors,
inspector or inspectors, to make such surcharre or surcharges on or before the
first day of January following for the whole year.
XXIIL And be it farther enacted, that
shall knowingly or wilfully, through favour,
peison or persons, or shall be guilty of
pnetiees in the execution of his office, su<
eveiy sach ofience forfeit the sum of one hi
shall be discharged firom his said emplo}nnen1
XXIV. And be it further enacted, that if
liimself, herself, or themselves respectively overcharged or overrated by any
assessment or surcharge to be made by virtul or in pursuance of any Act or
Aeis before mentioned, it shall be lawfiil for pim, her, or them respectively to
appeal to the commissioners for putting in eisccution the said Act or Acts in
Ttlation to such assessment, on giving at the beast ten days notice thereof to
the said surveyor or inspector, or to one or more of the assessors of the place
lAoon such assessment or surcharge shall ibe made, of such intention to
a{feil; and the said commissioners, or any wo or more of them, shall and
t^f are hereby required to hear and determiile all such appeals, except where
it lii/f appear to the said commissioners that die person appealing jshall have
omi^ to give such notice thereof to the ploper officer aforesaid, in which
ose it shall be lawful for the said commission^^ and they are hereby required
to dismiss the appeal, and to confirm the as{
agahmL
XXV. Provided always, and be it further ei
' shall be delivered to such commissioners or an^
such assessor or assessors, shall be altered by tiem or-«any of them before the
time for hearing and determining appeals, and {then only upon a surcharge or
surcharges not appealed against, and according lo such surcharge or surcharges,
or upon the conmiissioners hearing the matteii of appeal particularly relating
thereto, upon a general appeal day duly appointed, save and except in such
cases only where such commissioners are specialy authorized to alter or rectify
any such assessment by the Act or Acts beforl mentioned ; and if any clerk
to sach commissioners or any other person or | persons shall alter, or cause or
prodire or suffer to be altered, any assessment, Lfter the same shall have been
allowed by such commissioners, except as aforelaid or in cases of appeal and
by order of the said commissioners or any twol or more of them made after
apx>eal as aforesaid, every such clerk or other erson shall forfeit and pay the
sum of fifty pounds.
XXYL And be it further enacted, that the said commissioners or any of
them shall not, upon the hearing any such { ppeal, make an abatement or
de&lcation in the charge made upon any perso l by assessment, or by the sur-
charge of any assessor or assessors, surveyor lor surveyors, inspector or in-
spectors as aforesaid, but thd charge or surcharge shall stand good and remain
Surcharges
omitted for the
first half year
may be made
for the whole
year.
Surveyor guilty
of vexlktious or
corrupt prac-
tices in his
office to forfeit
lOOL and on
conviction be
dismissed.
Persons over-
charged may
appeal to the
commissioners
on giving ten
days notice to
the surveyor
or assessors.
iment or surcharge appealed
Lcted, that no assessment, which
two or more of them by any
Commissioners
shall hear
appe^, unless
notice has not
been given, in
which case the
assessment or
surcharge must
be confirmed.
Assessments
not to be
altered before
the time for
hearing ap-
peals, except
m certain cases.
Clerk or other
person alter-
ing the assess-
ment impro-
perly to forfeit
50/.
Commissionen,
on hearing ap-
peals, shall not
make abate-
ment, unless
the party is
oveiratedand
p
316
43 OeobIe III. c. 99.
A.D. 1802-3.
t
?
produces a list
of particulars
verified on oath.
r
K
Soirejor and
assessor may
attend in sup^
port of the
assessment or
surcharge, and
produce evi-
dence.
If commission-
ers shall find
upon appeal
that the person
is not fully
assessed or sur-
charged, they
may charge
the amount
omitted.
Ko barrister or
solicitor al-
lowed to plead
before commis-
sioners.
Commissioners
to give notice
to collectors
of times and
places for hear-
ing appeals.
Collectors
within ten davs
to cause pubhc
notice to be
fiyen thereof
m church,
or inspector and assessor may then a
in support of the said assessment o
proper, produce any lawful evidence
veyor, inspector, and assessor shall
and fix notice
in writing on
church doors.
part of the annual assessment, unlesJ it shall, upon the hearing of such appefd,
appear to the commissioners then present, or the major part of them, by
examination of the appellant upon! oath or affirmation, or by other lawful
evidence to be produced by him or tfcr, that such person is overrated in or by
any such assessment or surcharge, anb unless the appellant shall produce before
the said commissioners a true, perfelt, and complete list, account, declaration,
or return as shall or may be requiJed by the Act or Acts before mentioned,
and verify the same upon his or heii oath or affirmation ; and such surveyor
there attend to give his or their reasons
surcharge, and may, if he or they think
in support of the same ; and such sur«
have full power and free liberty to be
present during all the time of heariil^ such respective appeals, and of the said
commissioners determining the same ; provided always, if upon such appeal
it shall appear to the said commissic lers that the persons so assessed or sur-
charged is or ought to be charged to Jiy amount beyond the amount contained
in such assessment or surcharge, it sllall be lawful for the said commissionen
to charge such person to the matter I or thing or amount of the sum omitted,
in like manner and at the like rate as they might have done if a full, true,
and perfect assessment had been ma le in the first instance : Provided also,
that no barrister, solicitor, or attorney , or any person practising the law shall
be allowed to plead before the saic commissioners on such appeal for the
appellant or officers, either viv4 voce >t by writing.
XXVII. And be it further enact( i, that such commissioners, or any two
or more of them, shall and they are h sreby required to give such collectors as
aforesaid notice at what time or time ;, within the periods herein limited, and
and at what place or places the ap eals of any person or persons who shall
think themselves aggrieved as afores id may be heard and determined ; and
every such collector is also hereby re( uired within ten days after such notice
irom the said commissioners to cause public notice to be given in every parish
church or chapel of ease belonging t > any such parish within his district or
division immediately afit^r divine sei nee on the Lord's day (if divine service
shall be performed in the said parisl within that time), or otherwise in the
church , of the next adjoining parish, of the time and place so appointed by
such commissioners for hearing and determining appeals as aforesaid, and
shall also cause the like notice to be ixed in writing upon the door of each of
the said respective parish churches < r chapels of ease, that all persons who
shall think themselves aggrieved as iforesaid may know when and where to
make their appeal to the said commisioners.
I
Determination
of the commis-
sioners on ap-
peals shall
he final, and
neither the
determination
nor the assess-
ment made
thereupon shall
be altered after-
wards, except
where the opin-
ion of the judges
is required.
XXIX. And be it further en&ct
determined by the said commission
major part of them present on the
of appeals, shall be final ; and neith
nor the assessment then and there
pretence whatever at any subsequ
except always in such cases where the
ding to the provisions of any Act or A
Act, 1B72.1
., that all such appeals once heard and
irs, or any two or more of them, or the
or days by thera appointed for hearing
the determination of the commissioners
ade thereupon shall be altered on any
t meeting, or at any other time or place,
ipiuion of the judges, shall be required, accor-
concerning the same. |Rep., Stat. Law Rev.
AJ). 1802-3.
43 Geobge hi. c. 99.
317
XXX. AxD whereas it may happen that the assessments and duplicates of
the said duties may not be signed and allowed in due time, to the prejudice
of ihe said revenue, for want of a sufficient number of commissioners acting
«»
or attending where and when such
allowed: Be it further enacted, that in
commisaioners appointed for putting anyj
in execution, living in any parish or p]
essments or duplicates ought to be
1 cases it shall be lawful for the said
ct or Acts relatiug to thS said duties
e within the same county, riding, or
and required, to allow and sign such
division, and they are hereby empower©
assessments or duplicates which are or sf aU be wanting for any such parishes
or places as aforesaid.
XXXI Provided always, and be it
there shall not have been any meeting oi
'urther enacted, that if at any time
meetings of two or more of the said
commissioners and a due execution of ai y of the powei's created by this Act
or the Act or Acts before mentioned wimin or at the time or times or accor-
dn^ to the manner or circumstances dirAted or prescribed in and by this Act
or the said Act or Acts, it shall be lawml to and for any two or more of the
persoDs appointed commissioners, and ipey are hereby required, in all and
every the respective counties, ridings^ cimes, boroughs, cinque ports, and towns
respectively in that part of Great Britiin as aforesaid wherein such default
shall have happened, to meet and execute the said powers at any other time
« times, anything herein contained to the contrary thereof notwithstandiog ;
ttdihej are hereby authorized and reqtired forthwith, or as s6on as may be
lbs the time or times at which such I meetings should' have been held and
ndpowers should have been execute!, to meet and execute the same, and
one the same to be executed, so as that aU the duties by law payable on
isesDnent be duly and effectually chafged, raised, levied, collected, and paid
and all such meetings and acts of
ore of them shall be deemed and are
to all intents and purposes, notwith-
If Msessments
and duplicates
are n6t signed
and allowed
in due time,
commissioners
in the same
county may
allow and sign
the same.
When commis-
sioners do not
meet within
the prescribed
time, they may
meet and exe-
cute their
powers at other
times.
iolis Majesty, his heirs and successo:
the said commissioners or any two or
ierehy declared to be good and vali
standing any such omission or defect.
XXXIL And be it further enacte
in that part of Qreat Britain as afore
that if in any parish, ward, or place
dd any failure shall happen in the ap-
pointment of the assessor or assessorsJ or collector or collectors, whereby the
aaseasments or collection of the duties m likely to be delayed, it shall be lawful
for any two justices of the peace of any county in that part of Great Britain
as aforesaid, the ridings of York or di^sions of Lincoln, whenever such failure
shall happen in any parish, ward, or place within such county, riding, or
division, or in any town or place a(Soining thereto, such town or place not
being a county of itself herein mendoued, and for the chief magistrate and
justices of the peace of any citj', towil or place, being a county of itself, and
they and every of them on notice of sich default to be given by the surveyor
aie strictly enjoined and required to I appoint an assessor or assessors, or a
oollector or collectors, as the case nay require, observing therein the rules
and regulations prescribed by this Aci for the appointment of such respective
officers by commissioners ; and if anlr person appointed by the justices or
magistrates as aforesaid to be an assessor or oollector shall wilfully neglect or
refuse to take upon himself the office! of an assessor or collector, or shall wil-
fully neglect or refuse to perform hia duty in the speedy and faithful execu-
tion of his office, or if any person so sippointed to be an assessor shall neglect
Where asses-
sors or collec-
tors are not
appointed, two
justices of the
peace in a
county, or the
chief magis-
trate and jus-
tices in a
county of a
city, &c., shall
appoint them.
Persons so ap-
pointed asses-
sors or collec-
tors, refusincr
to perform the
duty or to taki;
the oath re-
quired, shall
forfeit 50/.
. *
■ *
318
43 Georqe ^I. Gf 99.
A.D. 1802-3.
I.
?,«
i
if
r
■I
:*
i
J
I
r
r.
i.
Collectors on
payment of the
duties being
refnsed shall
distrain;
[ted to be taken by assessois by
person so offending sball forfeit
if any person or persons shall
fed upon him, her, or them by any
^ioned, or any other duties to be
and keep the
distress so
taken four
days, and if the
duties are not
then paid shall
sell the same.
Collectors in
the daytime
may'breakopen
houses, having
a warrant from
the commis-
sioners for that
purpose, and
taking a con-
stable with
them.
When sufficient
distress cannot
be found the
party may be
committed to
prison.
Question or
difference re-
specting dis-
tress to be de-
termined by the
commissioners.
Commissioners
may act for any
part of the
county, &c. for
which they are
appointed; and
their warrants,
j(tc. may be
executed in any
part of such
county, &c.
or refuse to take the oath or affirmation din
this Act, as the case may require, every sue
and pay the sum of fifty pounds.
XXXIIL And be it further enacted, th
refuse to pay the several sum and sums ch
Act or Acts granting the duties herein me
assessed under the regulations of this Act, ipon demand made by the collector
or collectors of the division or place> accolding to the precepts or estreats to
him or them delivered by such commissioners, it shall be lawful to and for
such collector and collectors, or any of mem, who are hereby respectively
thereunto authorized and required, for nonpayment thereof, to distrain upon
the messuages, lands, tenements, and premises charged with any sum or sums
of money, or to distrain the person or persons so charged by his or their
goods and chattels, and all such other gooDs and chattels as they are hereby
authorized to distrain, without any further authority from the commissioiiere
for that purpose than the warrant to suchjcollector or collectors delivered at
the time of his or their appointment, andjLhe distress so taken to keep by the
space of four days at the costs and chalgeQ of the party so refusing, and if
the said party doth not pay the respectivd sums of money so due within the
said four days, then the said distress to 1 5 appraised by two or more of the
inhabitants where the said distress is ta cen, or other sufficient persons, and
there to be sold by the said officer for p lyment of the said money, and the
overplus coming by the said distress (if a y there be), after deducting the said
money, and also the costs and charges of aking^ keeping, aad selling the mi
distress, which costs and charges the said )fficer is hereby authorized to retain,
to be restored to the owner thereof; and i loreover it shall be lawful in such
case to break open in the daytime any honse upon warrant imder the hands
and seals of two or more of the said commissioners obtained for that purposC}
calling to their assistance the constable, titbingman, or headborough within
the counties, shires, stewartries, cities, towns, and places where any refusal,
neglect, or resistance shall be made, whichlsaid officers are hereby required to
be aiding and assisting in the premises, al they will answer the contraiy at
their peril ; and if any person or persons Appointed to pay any of the duties
charged by any Act or Acts as aforesaid slmll refuse or neglect to pay the said
sum or sums so appointed to be paid by tl|3 space of ten days after demand
as aforesaid, where no sufficient distress
same may be levied, then and in every sue
sioners are hereby authorized by warran
commit such persons to the conmion gao
mainprize until payment shall be made ;
shall arise upon taking such distress, the
by two or more of such commissioners.
XXXIV. Provided always, and be it
tained shall be construed to restrain the sa
from acting as commissioners in any part
place for which they are appointed ; and that \|,11 warrants and precepts of the
said commissioners shall and may be executeii by the respective persons to
whom the same are directed in any part of the same county, riding, division,
or place for which they are appointed.
in or may be found whereby the
case two or more of such commis-
under their hands and seals to
[there to be kept without bail or
id if any question or difference
le shall be determined and ended
lacted, that nothing herein oon-
commissioners or any of them
the coimty, riding, division, or
"i
Ik
1
A.D. 1802-3.
43 Qeobge III. c. 99.
819
ch removal, be compelled to pay
mmissioners acting by virtue of
uch duties are charged upon and
aforesaid shall sign and cause to
or any two or more of them
and levy the said duties charged
id, and cause the monies so raised
parish or place from whence the
same may be paid and applied
XXXV. And whereas it may frequency happen that persons quitting their
dwelliBg houses or places of residence maV remove to other parishes or places
vithoat first discharging or paying the duftes charged upon him, her, or them,
wheTehy the said duties made payable bj this Act will be lost^ unless such
persQB or persons so removing can, after
the same : Be it further enacted, that the
this Act within such parish or place where
tmpaid by the person or persons removing
be innsmitted a certificate thereof to the I commissioners acting within the
paridh or place where the person or persons |Qaking such default of payment
shall happen to reside, which .commission
dliall and they are hereby empowered to rail
iip<»i the party or parties removed as afore
iod levied to be paid to the collector of th
said person or persons did remove, so, as t
aeoordiiig to the true intent and meaning oflthis Act
XIXVT. And be it fiirther enacted, thi b where any parish or place shall
be in two or more counties, ridings, or divi ions, the duties charged or to be
daiged in or for such parish or place shall ^ assessed, raised, levied, collected,
nd paid by and under the commissioners acting for that part of the said
frA or place where the church or other
Mbe situate, and that the whole of sue
hdeparposes of this Act to be situate
vioaisaeh church or other place of pu
ik where any dwelling house or any
iaebf chaiged shall be situate in two or
whdd duties to be charged thereon shall
juid paid in one of the said parishes, war<
doiged shall be relieved firom any seoon
jurt thereof as in other cases of double sas
XXXVIL AxD be it further" enacted,
hdoikging to any person or persons at th
assessed under the regulations of this Actf became in arrear shall be liable to
he taken by virtue of any execution or Lther process, warrant, or authority,
or by virtue of any assigmnent, on any account or pretence whatever, exeejit
at the suit of the landlord for rent, unlets the party at whose suit the said
execation or seizure shall be sued out or f made, or to whom such aiwignment
shall be made, shall, before the sale or refnoval of such goods or chattels, pay
oar cause to be paid to the collector or eoliectors of the said duties m due all
arrears of the said duties which shaU be ^ue at the time of nfnzinff such gor;<U
or Aattels, or whidi shall be payable for the year in which such ti^nzttrn shall
be made, provided the duties shall not li claimed for m^^e tlian on/5 y^«r ;
and in case the said duti^^^i -hal! be daii^^l for more than one year, then th*?
aaid party at whose in.^tance -xich heizuib s^liall hare W;n nia/k, Jjayinj? th*5
said collector or o>lkct/>rs the afor^^^ai') duties dae for one whok y«w, r/iay
proceed in his seizure as he might hav^: irlone if no dnti^ had Vj^^ no cWim^'A ;
bat in case of lelbsal to pay the said 'i^ti*^ th« said CfAleeUjr or efAUsct/fTH sire
hereby aotfaonaed and required to dl'^ti^tn wch good* and diatt^k, tkAwiih-
seizure or aaognment, ai^ proceed to the sale tfaer^/f sutf^prH^
)lBifie of public worship aforesaid
parish or place shall be deemed
such county, riding, or division
lie worship shall be situate ; and
[ther premises occupied therewith
lore parishes, wards, or places, the
assessed, raised, levijed, collected,
\y or places only, and the party so
assessment made thereon, or any
tents.
kt no goods or chattels whatever
time any of the said duties to be
When pcnonA
remove without
pajing tho
dutien, tho com-
miftsionen Mhull
certify tho Hamo
to the comtniH-
sioDora of tho
place whi*ru
tho partv cuti
be found, who
fthall cauat! tho
amount thereof
to be levied,
and to be paid
to the collector
of the parish
whence tho per-
aonH removed.
Aparishinmoro
than one county
shall be deemed
in the county
wherein the
chorch if
•itoate;
Where a htntmi
iff sttnate in two
parittheK, the
whole of th4;
duties ahall be
aaaeased in one
of them.
Whim dotfi!*
are in arrear^
no ffMtdM niuiit
\h'. takiffi by
virtiu; of any
proceiM, &c.,
ezcf|H at tiMs
Mit rif th#;
landlz/fd ftff
rentf uuUmif
tb« party
Miin/(, 4<;. ahafl
pay t>r <auum
Uf }t*! paid tbe
afT#;«r«, f»//t
y<sfef«
43 Qa>BOE III. c. 9
A.D. 1802r^.
Powers (if
27 G. 2. c. SI
nud 33 G. 3.
c. 55. andotb
Acts Eball he
cufivenng
quurWrly, or
nt \mi,1, sbnll
mil (be r.jllo(
them, HDil f^n
ing to this Act, ia order to obtainl payment of the whole of the sud duties
so assessed, together with the lyasonable costs and chaises attending such
distress and sale ; and every snc collector so doing shall be indemnified by
virtue of this Act.
XXXVIII. And be it further nacted, that all remedies, advantages, jwvoi
methods, and things which by any Act or Acts concerning bankrupts, or
r concerning tiie method of recov ring rent in arreai-, are given or granted to
any creditors, lessors, or landlort i respectively, and all the powers and prori-
sions of an Act passed in the twt ity-seventh year of the reign of King (leon.'e
the Second, intituled " An Act f( ■ the more easy and effectual proceeding upon
'' distress to he made by warran i of justices of the peace," and also of another
Act passed in the thirty-third ye r of the reign of his present Majesty, intitul«!
" An Act to authorize justices t impose fines upon constables, overseers, ani
" other peace and parish officers or neglect of duty, masters of apprentices for
" ill usage of such their apprt itices, and also to make provision for ths
" execution of warrants of dietre t granted by ma^strates," as &r as tlie simc
powers of the said last-mention© Act relate to the execution of wanants of
distress granted by justices of tl: ■■ peace, shall be used and practised by such
respective commissioners, and y any collector, surveyor or inapectot u
aforesaid acting under the author by of such commissioners for the recovmng
and securing any arrears of such duties as are to be assetsed under the regula-
tions of this Act, over and above Ithe powers, remedies, rules, and regulations
contained in this Act, as fullyland effectually &a if the same rrjuciiii'-.
advantages, powers, provisions, nethods, and things were ptuiriculai-ly and
severally repeated and re-enacted n this Act.
XXXIX. And be it further enmted, that at the end of every quarter of a
year appointed for the payment of the sums assessed or any part thereof, or
within one calendar month thereafter, or at such other times as they shall
ihink. expedient, hut nevertheless twice at least, videlicet, on or before the iiroi
day of November and the first daj of May following, in every year, and sn
from time to time as often as shall be necessary, the several and respective
commissioners appointed to put this Act in execution, or any two or more of
them, within their district, shall ann are hereby empowered and requireii to
call before them the collector or collectors appointed within each pariah or
place, aa the case may require, and |to, examine him or them upon oath or
solemn affirmation, and assure themsblves of the sum or sums of money that
sbfdl have l^en collected and paid tolsucb collector or colle<^rs of the dntif^
given to them or any of them in charge, and to make such order therein for
the payment of the same to the recei\ler general on the day or time apjiolDteii
for receiving the same as they shall jiidge necessary, and also to assure them- I
Helves of the sum or sums in arxear, ami the cause or causes thereof, and a!»> J
upon such oath or affirmation to emmine the said collector or collectois
touching the due payment over of anylsum collected by him or them in any
preceding part of the same year, and im every such case to make sncli order
therein as aforesaid ; and the said comimssioners are hereby empowered an<l
required in every year to call before theiAthe collector or collectors appointed
in each parish, ward, or place in any formVr year, where any sum or suiua of
the duties charged by virtue of any Act orXActa before mentioned shall bo in
torear or unpaid to the receiver general, and to examine the said collector oi'
■^
A.D. 1805-3.
43 Geokge III c 99.
321
eolleeiors on such oath or aiBrmavion as aforesaid, and to assure themselves of
the som or sums of money coUecrbd by him or them, and of the sum or sums
in arrear, and also the sum or sui s paid over to the receiver general, and of
the sums remaining in the hands of the said collector or collectors, and to
BUkke such order therein as they e lall judge necessary to prevent any failure
in the payment in any part of th assessment charged by virtue of any such
Act or Acts, and so from time to time as long as any of the arrears of the
said duties or any of them charg d upon any of the said parishes, wards, or
places shall be in arrear ; and t e respective receivers general, inspectors,
and surveyors shall, when required so to do, be assisting to such commissioners
in their inquiry in all matters rela ing to their respective offices.
XL And be it further enacte< , that if any wilful delay or failure shall
happen in demanding, receiving, n covering, or paying over any monies of the
duties assessed as aforesaid throng i the default or neglect of any collector or
ooDfictors, it shall be lawful for su( i commissioners to revoke the appointment
rf such collector or collectors so ii default or neglecting as aforesaid, and by
indorsement on the same precept ( * precepts of appointment or otherwise by
their precept to appoint a coUectc ' or collectors in his or their stead for the
Ttmainder of the year, with full p wer to collect the arrears of the sums then
doe; and it shall also be lawful or such commissioners, whenever the same
ial&he necessary, to revoke such '. ist-mentioned appointment, and to appoint
aeoDector or collectors in like mainer from time to time and as often as any
guilty of such default or neglect, provided
the case of an original appointment, and
on every such new appointment as shall
the appointment of collectors at the com-
)efore is mentioned ; and such collector or
I shall on the demand of such commissioners
mce to the collector or collectors newly
Lssessments which he or they were charged
jpts and vouchers of pajrment as aforesaid,
and also shall pay to the receiver leneral all sums then in his or their hands
at such time as such commissioisrs shall appoint ; and if any person after
<^ removal from the office of I collector shall refuse or n^lect to do any
iQAttar or thing required by this ^ct, every such person shall forfeit and pay
^rged in any assessment of such duties as
place, and recovered as such assessment
^main liable to such other forfeitures and
>y virtue of this Act for detainiug the said
Receiver gene-
ral, iiMpectortf,
and 8urveyorK,
shall assist
commissioners
when required.
Collectors neg-
lecting their
duty may he
dismissed, and
the commis-
sioners may
from time to
time appoint
others.
■didlector or collectors shall
Mnwbe taken, if required, as
p^ffUti the like security be tak<
i*Ts been required to be taken
■eocement of any year, as herein-
ffHttkfts so in de£siuU as aforesaid
deiiTer up to them, or in their
>fpointed, all such certificates of
to collect, and all accounts of
Collectors dis-
missed shall
deliver up, on
demand of the
commissioners,
the certificates
ofassesxmentA,
&c., and in
case of default
shaU forfeit M,
the smn of fifty pounds, to be
aforesaid for soch parish, ward,
^ be recovered, and shall also
disaUities that may be incurred
inooies in his hands after such demand made of the same as aforesaid
^ XLL AsD be it farther
™D refuse to attend such res]
sodi lawful questions as shall }\
toodiing the execution of his ol
prodiiee to them the certificates
ieeeipts or payments as aforesaid
that if any^ collector being duly summone^l
ive commissioners, or shall not answer all
demandecl of him by such c^immis^ioners
of collectrjr, or shall refav; r/r neglect to
assessments, accounts, or vouchers r/f such
or shall not obey the order rjf such cr>mmis-
aioneis to be made as before directed, every such co]lectr>r shall forfeit and
pay the sum of fifty pounds, to fee charges! upon him in any assessment an
alc^esaid, and to be leeovered as kuch assessment may be recovered, over and
YOU nr. I X
roUcctors re-
fnmtf: to attend
comrniiHiioDrni
or to ffrodaee
their c<^ifi-
f'at'^, Bcc. «ban
forfeit iffi.
43 QJoBOE UL c 99.
A,D. 1802-3.
above aaj forfeiture or disabilitji that may be' incurred by ratue of this Act
If mjmiosin tbe fgp detaining monies of the said luties in his hands contrary to this Act ; and
leciiirs pitnnot whenever any money of the saiadutiea herein mentioned shall be detained in
^d'^'^^'^"^ the handa of any collector or col4ctor8,-or any penalty or penalties imposed on
rantofiiicconi- any collector or collectors shall remain impaid, and tbe same or any put
mmsionL-ra, nr tiigrgof cannot be tecovered bj or under the warrant or authority of tbe
gioni-rs nepiect respective Commissioners, or thenaid respective commissioners shall neglect to
w.irral't ™?,'.' issue such warrant, then such art thereof as cannot be so recovered which
shall have arisen from the sa duties shall bo recoverable as a debt ap(m
record to the King's Majesty, his heirs and successors, with all costs and cha^
attending the same, and such p: -t thereof which shall arise from any penalty
as aforesaid may be recovered i ^ action or information as otiier penalties mar
by this Act be recovered, with full costs of suit ; and the sum so recovemi
shall be paid to the receiver ge eral, in aid of the parish or place answerable
for the same.
fJoliecioTK, XLII. Providbd always, anc be it further enacted, that the collector nr
by'ihL^hMr^i?. collectors appointed for any pa sb, ward, or place as aforesaid, when retiniraJ
ttiiidiii-, &c:., so to do by tie churchwardens nd overseers or guardians of the poor oranv
Btnti'Tm'Tuof " ^^'^ "^ them, or the select vet ry as aforesaid or any seven of them, M i
niLMiiiir, oil deliver to them respectively a; account in writing of the sums recoivedhj j
'" ' such collector or collectors, and 0 theaums inarrcai^, and of the sumsroinainiii:
in his or their hands, and also o the sums paid to the receiver general ; ainl if
any collector shall refuse or m :lect so to do within fourteen days after snrh
demand shall be made, he shall brfeit and pay to the use of the poor of sudi
parish or place where such coUec or shall reside the sum of twenty pounds.
XLIII. And be it further en eted, that if any collector to bo appointed tn
aforesaid shall neglect or refusi to demand payment of all suius of miiD<'\'
given in charge to such coUecto of the respective persons chargiiahie thi r>-
with, or leave a demand in writi ig at their respective ))laces of last abode, nr .
on the premises ehaiged with th assessment, as the case may require, witliin I
the time herein limited, or in c se of default of payment thereof upon siieh i
demand shall neglect or refusf to execute the warrant or precept of thi? I
commissioners for recovering th« same within two calendar months after th" i
said duties are payable, as by tl a Act is directed, it shall not be lawftil for ^
such collector to insert in the sc edule to be by the receiver general returned j
into the Exchequer the name ol such person as having made default of pay-
ment of any of the sums rated )r assessed on siicli person, but the ])arisl).
ward, or place respectively for w lich such collector .shall have l>een appointed
shall be answerable for the sami in the manner directed by any Act or Acts
for granting the said duties berei i mentioned. I
XLIV. And be it further enac id, that no collector appointed for any parish, |
ward, or place shall be allowed lo insert in any schedule the name of any I
person to be returned into the Exchequer as not having paid the duties madfl .
payable by any Act or Acts hereim mentioned, »mle.s.s such collector shall mati-
oath, or being one of the people icalled Quakera shall make and subscribe a
solemn affirmation before two cimmissionets (who respectively shall certify
the said oath or aflinuation on thasaid schedule), that the Hum for which sucU
person is so returned in default il due and wholly impaiil either to such col-
lector or to any other person 'or pcpons for such collector, to the best of Wsj
ilrmiind diit
of perMiiis
cbarKed, &i
fhiill not W
ruhimBl iDta
the Exchcqner
aa clefBulterii,
liut ihi! pjirif^h
■hall hcaasHt'r-
iilile for thf
la ftMUt in
J
A.D. 1802-3.
43 GeoroeIIII.
,99.
323
knowledge and belief, anrl that such /person became insolTent or bankrupt
before the day on which the duties bc*aine payable, and had not goods and
thattols sufficient whereon to raise s id h-.vy such duties ■within the parish
Kwi, nr place for which such collecto shall have been appointed, at any time
since such duties became payable, or tl at such person removed from the parish,
ward, or place for which such collecti r shall have been appointed before the
day on which sucli duties became p; ^-able without leaving therein sufficient
goods and chattels whereon such di ies then payable could be raised and
levied, and that there were not nor ar any goods and chattels of any person
or persons liable to the payment of s ich duties in arrear or any part thereof
ifliereby the same or any ]»art ther€ if could or might be raised or levied ;
wbich oath or affirmation shall be ind rsed on such schedule.
XLV. AsD be it further enacted, tl at the collectors appointed as aforesaid
iaH make a due return, fairly writtn on paper under their hands, to such
lissifiners, containing the nanieaj surnames, and places of abode of every
n within their respective colleclions from whom such collector or coi-
rs shall not have been able to cd. ect or receive such duties for any of the
N before mentioned, and which s lall have been duly verified on the oath
I collector a« aforesaid, and t le paiticnlar reason for retmiiing each
er, and the sum and sums ch rged upon every such person; and such
noers after due examinatif i thereof on the oaths or affirmations a-s
t of the collectors shall asc rtain the sums which according to the
s of any of the said Acts hei ^in mentioned shall have been dischai-ged
isment for any cause tliei lin specially allowed, and the said corn-
shall also make out tl :'ir schedules, containing the sums so
!, and the sums with whicli each and every such defaulter -ought to
. and the sums which sha not have been collected by occasion of
jr's neglect, and which ou ht to lie re-assessed on the parish, ward,
rpbce as aforesaid, and shall cause the said several particulars to be inserted
K a schedule, fairly \vritten on par#iment, under the hands and seals of such
ftBOtmuii^Aioncra or any two or mora of them, containing the names and sur-
in€S of the said collectors, and ixie same to be delivered to the receiver
, to be returned by such receiver general into his Majesty's said Court
Exchequer, whereupon every p«-son ho making default of payment, and
I parish, ward, or place so in taifault may be charged by process of court
iding to the course thereof in aiat liehalf; and in default of such schedule
a out accorfling to the directions of thi^ Act it shall be lawful for the re-
r general and he is hereby re|\iired to return every such parish, ward, or
B insuper for all sums not paif to the receiver general and contained in
e duplicate of assessment to him (felivcred, and all such sums so returned shall
I saeb case be I'e-assessed on aueljparish, ward, or place, and all and eveiy the
■ officers therein concerned (shall and they are hereby required to take
, from time to time, that suclj process bo duly issued and made effectual,
Dthat all such sums as .ihall be lin aiTeav and unpaid as aforesaid may be
lily recovered and paid into! his ^[ajoKty's Exchequer; and if any such
«r shall neglect or refuse tJ make such return in manner before directed,
r such collector shall forfeit Ihc sum of one hundred pounds.
IXLVI. Ant) be it further cnalted, that the respective commissioners afore-
. shall cause two duplicate* of every "assessment to be made out on
CoUectors to
make H retuTTi
npon oath of
CommtssioDerB
Khali mBke out
schedules of
ftSBCSSmcnt,
wilh which de-
faulters ought
to be charged,
and ■ums
wbich ought to
lumed into the
Exchequer,
that process
general to re-
turn the p^&h
insuper, &c.
Collectors
neftlectiDg to
to forfeit 100/.
CommiMionerH
shall cause
two duplicates
324
43 GEORcfe III c. 99.
A.D. 1802-3.
of every assess-
ment to be
made out with-
in one month
after 10th Feb.;
one of which
Hhall be trans-
mitted to the
receivers gene-
ral, and the
other to the
office of the
King's remem-
brancer.
parchment by their clerk within onelmonth at farthest after the tenth day of
February after the making the said Assessment yearly, and one of them to \)e
delivered unto the respective recei^rs general, and the other of them trans-
mitted into the office of King s remembrancer, in the Exchequer, for which
duplicates the proper officer shall gif e acquittances gratis, so as every of them
may be duly charged to answer thei* respective collections aaid receipts ; and
< /
Clerks neglect-
ing to make out
duplicates, or
making false
entries, to for-
feit 100/. and
be dismissed.
In case of
failure in as-
sessing the
duties or re-
turning the
duplicates or
raising the
sums chaiged
in any parish,
the receiver
general shall
certify the
same to the
barons of the
Exchequer,
with the names
of the commis-
Bioners, asses-
sors, &c. for
the place in
default, who
shall be liable
to process
by writ of dis-
tringas, oti
application of '
commissioners
of taxes.
the said duplicates shall be made
takes, wards, parishes, or places, or
directed to be made out or may
for granting an aid by a land tax
shall contain the names and surna:
for every hundred, rape, lath, w
division, and the full amount of
throughout the whole year shall b
tion, or defalcation on any pretei
commissioners shall neglect or refuj 3 to make out and deliver such duplicates
as aforesaid within the time and n manner herein-before directed, or shall
make any false entry, or omit any { im or sums in such duplicates, every such
clerk shall forfeit and pay the simi
thereof shall be discharged from hij
r the same hundreds, rapes, laths, wapen-
ivisions for which distinct duplicates are
made by virtue of the said recited Act
fore mentioned, and every such duplicate
es of the several assessors and collector
ntake, ward, parish, or place, or other
sums given in charge to the coUectora
inserted without any discharge, diminu-
ce whatever ; and if any clerk to such
)f one himdred pounds, and on conviction
said office.
Process shall
issue, unless
the commis-
sioners of taxes
certify to the
Court of Ex-
chequer that
XL VII. And be it further enaci xd, that in case there shall be any fBulare .
of assessing or charging the said uties in any parish, ward, or place, or of
returning the duplicates of the asse jsments made for any such parish, ward,
or place, or of raising or paying th j several sums charged upon any person
or persons in any such parish, ward, or place within the respective timea
limited by this Act, the receiver gemeral acting for the duties charged or to
be charged on such parish, ward, ol place shall and may at ai\y time after
such failure hath happened certifyjto the barons of the Court of Exchequer
at Westminster the particular parfth and parishes, ward or wards, or place
and places, and the particular divisi< n where any such failure hath happened,
andthe cause thereof to the best of his knowledge, together with the names
of the commissioners appointed as a )resaid to act for the hundred, rape, lath,
wapentake, city, ward, town, or pi ce, or the division wherein such failure
hath happened, or any two or more of them residing within such division,
hundred, rape, lath, wapentake, city, ward, town, or place, and also the names
of the assessors and collectors, anc the several persons belonging to such
parish or place charged to such du ies and who shall have made failure in
the payment thereof, in case an i s^cssment shall have been made ; which
said commissioners, assessors, and co lectors, and any person or persons charged
with such duties shall be respective! ' liable to process for such neglect by tho
order of such barons according to he exigency of the case ; which proce»
shall be by writ of distringas, to be : ^rthwith and from time to time as there
shall be occasion, issued out of the i aid court on the application of the com-
missioners for the affairs of taxes igainst such of the said commissioners,
officers, or persons who shall have made such failure ; upon which writ of
distringas the sheriff or other officer to whom the same shall be directed shall
return such issues as the said courl shall order at tho return of such writ,
and immediate process shall thereupon issue for levying the same out of and
under the seal of the said Court of Exchequer, imless the said commissioners
iLi>.i«a-
« Gkorsk IIU c. »»*
is tfte iSurs of taxes shall eertiiy to th^ s«J cvurt if iu tho torm \(\\\\k\ ov tw iK* i^amu . h m
an?<RKofrfie said barons if in the Yac«iUvsx» tl>at tlu^ vH>uuuiviioui4>t» viUoi^wi. luTaiu.i.Mu.
xBA^Jfhet f^soos against whom such wilo ijs^^vuhI hii^vo (.naui^livnl wulv Uu^ ''^ ^'" ^'*'
diicciioQs (tf this Aet, in which case it ss^hall W Uwtul tW huoK omut ^u' U\,v\^\ mo.w.« uu\
to oose sadi process to be respiteil till L ftitmv i.Un\ uml j*o l\vm timvv t<» L ij.|.iu.u.\
ua^ or to be nnally discharged.
XLVUL AxD be it further enacted^ thnt al| mouuvi k4* Uu^ Uutiv^ luuH^iu uu^utiui^^l iinlli > ^u\ • iu
to be assessed noder the regulations of this A
fw the pajmeut thereof, be paid by the pai'ti> ,—,, ,,^„,„-,.- „,„ — „„ ,,,„,, ,,„. .,„„
unto the receiver general now or for the tiilo bolujis >v|))mlu(ml l»y l»l« Mi\|r«(N, hu ^*'n,'I'jll,'\,|„
heirs or successors^ or by the loni high tiV(ui\iH>r fur tJiu tiiiuj huluH, ur \\\\\ ruuMMl'* i|Inni^
sioDers of the Treasury for the time being, or m\y thrtn) or xwuvv^ of (lioiti, in iimuIvu IIim
saiDe, or the deputy or deputies of such nKjIvor goiHM'uli Id liu H|i|Miiiil(ul \\\\\\\y\ \\\a
baodand seal, and whom he is hereby authorijod to Hjipoliil, hiuI lor wliuiii hit mIimII Imi
answerable {Rep., Stat. Law Rev. Act, 18712,<
LI And be it further enacted, thatii) collfir;t<ir ar iuMtwinyfi of my uf Miii (!„iiuh<i..
duties herein mentioned shall collect oilgatbor Him HfuiiM iiy Hiiy mix oi hun|» j<'«ii(Mi<)/i la »f
other than such rate and book an ^ballllm Ni^iml aii/l allowi«l \iy t*ni'\i t'-fnn ^iMiMii/'i'M"^
missioners as aforesaid, or any two or Iriona of tliMrii ; ari/t U/^tl, )h fthut uny ","' ''""'|,^'' 'JJ
sach collector or collectors shall c^>ller;f th« miutt \jy any oMmt //<.l^f ni' itnuU, h»»'t"i'i'^w
urshall receive such duties from any tKrH^/n or t/^^rv/im ii//t /'lfi</j/« /I ihtnv^ilh, "";''"/"^";
« shall collect firom any jfenfm <fr wtrmftm utnm mnut^y ihMi U tuhtttiiy ^tft^l
dazged in soch rate or book, and rufiXpSiy ii$tt wUo\m htoif^y f/y hUft t'f,Ht fij /<^
orfeviiiilently alter any such rat/; or f i^y'/k aft/rr M/^; i^HihM hhiU h** it rit/ht:fi
af//i*'v:Ai/l; ^v^r;y ^»i/</ uMwi/f^ tn >>/<
# # # #
oi ab>wed bv Tiuch ttjiimsi^»^\hw,r^
Jfi3L«i diall for everv vieh '^ff'rU'5^ f
« • • •
LIEL AXD ie h f ^xtlt. r* r^^t-tr?
*'^ ■• «
I,
imutr "fu^ar lauj- u-'iii #--,> ^
«
» ir i^ta^r"- "liar ".ii-*- ;ifii- . '• :.>^ •'--..-.-*;. ^ K-^-^'^.r- '. ,* »;
J-. »/r.i:» V- i;V>r'.- ',-. .i ;•, , , ' ♦ /*
•
. ^1 «'- '
#r ^
'-^. k.
- ^»
'r/ ,'/ / /;
/ /■'
/ *.j •-,/
i^r
>^ /» .• ^
'/
<»
<•
,' A
-^V y^
i/^ r * Jt
* *
g
326
tS Geoboe ni. & 99.
A.D. 1802-3.
f
then such receiver general
forfeit the sum of five hunc
■J
■
f ,
Receivers gene-
BT
ral retoming
pi. '
any sums as
in arrear or
fe *
causing any
1'
persons to be
^ ■'
set insnper for
any s^m after
W-
receipt of the
k"
same shall
T
forfeit double
K"
the damages
f. '
occasioned and
f
also double
ii .'
the sums.
I
r.
f*r
I
r
LVI. And to the intent
his Majesty's Court of Excl
Constables, &c.
to be aiding
and assisting in
the execution
of this and the
other Acts.
1 Persons ob-
h structing offi-
l-: cers to forfeit
[ 601.
$
1 Officers to fol-
f low such in-
l structions, &c.
f' as they shall
I' . receive from
^« the commis-
1 sioncrs of the
r- Treasury,
i Application of
^ peualties sued
i:. . ibr within
!?■ twelve months
i-
1
for every such oflfence.of himself or his deputy
id pounda
lo receivers general may return a true account into
luer of such sums of monev as shall be received
by them and every of theiij deputy and deputies, be it further enacted, that if
any such receiver general small return' or certify unto the said court any sum
or sums of money to be in ferrear or unpaid after the same have been received
either by such receiver gen Iral or his deputy or deputies or any of tjiem, or
shall cause any person or pe Bons to be set insuper in the said court for any
sum or sums of money that ave been so received, that then every such receiver
general shall forfeit to every 3erson and persons that shall be molested, vexed, or
damaged by reason of such mjust certificate^ return, or setting insuper, double
the damages that shall be hereby occasioned, the said damages to be reco-
vered by action of debt, bil plaint or information, in which no essoign, pro-
tection, or wager of law sha be allowed, nor any more than one imparlance,
and shall also forfeit to his llajesty, his heirs and successors, double the sum
that shall be so unjustly ceJbified or returned or cause to be set insuper, to be
recovered as other penalties jaiay be recovered by this Act.
* **l* * * * * *
LIX. Provided always, Ind be it further enacted, that all constables,
headboroughs, t3rthingmen, and other his Majesty's officers lahall and are hereby
required and enjoined to be reepectively aiding and assisting in the execution
of this Act, and of every Act |r Acts for granting duties to be assessed under
the regulations of this Act, ani to obey and execute such precepts and warrants
as shaU be to them directed si that behalf by the respective commissioners
hereby appointed, or any two 4r mora of them.
LX And be it further enaclpd, that if any person or persons shall at any
time hereafter wilfully obstruci any assessor or assessors, collector or coUectoi-s,
surveyor or surveyors, inspectol or inspectors, in the due execution of his or
their said office or offices, duty Ir duties respectively, such person or persons
shall for every such offence forflit the sum of fifty pounds,
LXI. And be it further enacAd, that the said receivers general, their deputy
and deputies, surveyors, inspectcts, and aU other officers and persons who shall
be employed in the exe(Mition of this Act, or any Act or Acts for granting duties
to be assessed under the regulatilns of this Act, shall observe and follow such
orders, instructions, and directiom as they shall from time to time receive fix)m
the said commissioners of the Triasury or any three or more of them now or
for the time being, or the high triasurer for the time being.
LXU. And be it further enacted, Ihat one moiety of all pecuniary penalties and for-
feitures imposed by this Act, or any jlct or Acts for granting duties to be assessed under
the regulations of this Act, may, if suld for within the «pace of twelve calendar months
from the time of such penalties being mcurred in manner herein next mentioned, be to
his Majesty, his heirs and successors and the other moiety thereof with full costs of
suit to the person or persons who fihlll inform or sue for the same within the time
aforesaid, except where any penalty islor shall be directed to be paid to the use of the
poor of any parish ; and all such penclties may be sued for in his Majesty's Court of
Exchequer at Westminster for offenceslommitted in England or Berwick-upon-Tw^
or in the courts of great sessions in TVfcles for offences committed in Wales, by action
of debt or information, wherein no ciBoigi), protection, privilege, wager of law, nor
more than one imparlance shall be al^wed {Rep., Stat. Law Rev. Act, 1872.1 ; «
:
m 1802-3.
4S ftF.niw?T r»l r f^S
X" >^
t \
H
or forfeitnre sfaall lie reci>vemliie in ihi^ n4n>( « >nv \1»:i\.v^\ V *^t :■ - . \ . . ^ . •. .
on the part of his Majtaajr, ly information in t)v vVn.n ot Vw ?.,s. ,\ .^i
Westniinster; •.••-.«.« |
LXTF. Pbovided aIwbts, joid he it fur h<-v t^n^ot^^i. iKm -^.i m:^ V y, , r-..-^^ \ r
penalties not exceedzng twenty poninK ni|>VH\i In thi^ V^^t x\v rtn\ \it o
Acts for grantixig Arties to be ««H?is^>i \WtW <W ^>^^Mlrtt>o>^-^ ,>1 t)n . V,^
may be reoovenLble before two or mow^ CimmissuM\\^i*s fisv o\x>\\uinn \\\\: \,f \\'\^\
9sA siso sqA at ^be Tfeoaliies exc^\\\^ t\\x^ ^\\\^^y\^^^ \,, )„,
added totheassessmoit of the duties in Ant|>AviHh, wrthlovplnm^ \\\ thu itl .hit I
where the offimoe shall be committed ; am Ruoh 0tmnuis«l.\tu«t7i Mhnll fhln. i.o
mance of sudi oflFenoe,upon information o » complaint In \vHHtit» ininln In IL in.
ind upon a summons to the party accuBoc to apiM»Af tH-Fntn tliM fuilil j-ninhilM
soiiers at such time and place as they sha 1 flx^ or wlUtrMtt Miich MiifftfiMiH<i tn
tt« the party or parties shall have been Mroliarj(o*l \ihfinh Iht* m«|/( ^o^jfr^lj
isoas, and shall have appealed against tl d sairH*, arr/1 wfinll np/^/'/f f <rfi/»r^ r »»/ h
ippeal before the said commissioners; anJ sficli oofflfrli^M/^ff/^f•( <;l»/f|| / r/,^MrM-
otoihe matter of fiwjt, and proceed to hew- and (hi/'runrt^ f.h* ^tiiW' Uf ti. -'tin
warywsLjy and upon proof made tbere<'>f, Athf-r }/y voUtfitftry t'^mf' en t,f \),.
Htr accused or by the oath or vJemn affirviati^/rir f4 ^/n^ m th^rr'* frt' n // // » ^ -
«r witnesses, or otherwise, as the case m» r^/j^Mi*'^, f/z ;/; /a j ;- /^^ .- ^ *. f.,. .' ,
poiitjr, or for sudi part there#>f to whl<;'r4 f'^^^ U.^^f/ff rry-, .?) ', /-/-^ - • . . .
dUiink proper ti> m:tigai>*, the ^anae lir^*; 'v'ir-7 n pit. / ^p^--^ - . .. . ,
Mefrof such penalties, and t«i ^.-.-e-s *r:^» farri^* r/*/n ''^r ;^'- y '^ ' • ; a '
ma»m the assessment ::*:> Vriich *h*? vn^ltv ^/l; ■'^iv-vj ro.'
jafln addition to the inty !n 'S^e tr*- :*♦)•"/ -'^'^:! \^ '
vjiidi penalties so a«ijn«ij^^i -h;iil '->* >:' -|
in.! 'I.K '3:1 f vi;;V.;>f:/r» y'
be final and eonciasirfr :• • i«I r.r.-r.r.^ t^'-J |r -
firm the same ; and^h.^ .-iv-i-!.':- i r' ]..>.t, ■
I I ". < 1 'Mil
lit ^ I I || tilt
■111' M'lf \ p,
■».M I I. t|„
•I . ■ IM- til
J « K- •<
/ "•'
' ' *
iv anv process what€rv-r r*r,. i.r. r --••^ '.^-^ »•
^B. except in sBch ■•s.-nm r^j^n* . -rr-»..'>r ;- ■ 4} #> ,-0^*^ .- *
5tated for the •joxnion r r*- t :\^ j-- ♦.-. *-f ^^-r-- ^^
to the »iirpn:ion."» -r- • ,4nt-^ 1 r- . *^ »• .-•"y .-'•--*
•■nrcharges :-hau "jiu^, .%*''■.,. '-.r. .>*'^ .•«^. ..-: '' ,
» '
IjKT. And '--e :: :.;r:::..-r ''",>*'-*»-^
ion «>n « ath ^ i»t; -.";r...r.
false oath cr ur.ri.jir-,. -. • '^'
«r affirm any niast*rr r - . ■ -r
I within the intent tn*: ..•'?n» r *'
tobeaaKMWHi -i«:,r .--.- -.*
liable to the ^xvm^ - r. ^' '
liaWe to tor -v- ■ *. .«-
Crf
y ■
-<r» ' -
/ r ■
erf ISngian*!'
ITTI AKX> *
rrrr commitT*"?
..»♦ .
328
I
George III. c. 99.
A.D. 1802-3.
all other books
and papL-rs
rclatiufr (a tlje
(laties shall lit.'
pnjpaty oftlie
in Che se<i-nil
Porsons hivinfj
any book)! or
papers rclatiug
to the duticn
hhsll, on notice,
under pi-nalt;
<if 501., deliver
slLcb pBrBons
county where the same sbdll )e exhibited to the commisaioners in parsitance
of this Act or the said Act c Acts before mentioned.
LXVII. And whereas ma y difficulties and inconveniences have arisen to the
commissioners for the time eing acting in -the executioit of- the several Ads
relating to the duties under he management of the commissioners for the affiura
of taxes to be levied by thf a, and many like difficulties may arise to the com-
misaioners for the time bei g acting in the execution of this Act or any other
Act or Acts for granting du ies to be assessed under the regulations of this Art,
in levying the duties by the iaid Acts made payable, upon the death or remoTil
of their respective clerks in > whose custody all the duplicates of the seversl
books of assessments, minut books, and other books and papers relatiDg to tha
business of the said several uties in their respective divisions have been deli-
vered, such clerks so remoi d, or the ex,ecutor8 or admLnistratots or legal re-
presentatives of such clerk io dying, frequently refusing to deliver over such
duplicates, books, and paper to the said commissioners for the time being, oito
their order or appointment, nder a pretence that the said commissioners have
no property in the same, am are without i-emedy for the recovery thereof; Be
it therefore enacted, that all ind every the duplicates of the several books of
assessments which have boei or shall be made and delivered by the respectiw
assessors of the said several c .tics to the commissioners in any division or place,
or to their respective clerks : it the time being, and which are or shall be in the
custody, keeping, or possessio of such commissioners or clerks respectively, and
all minute books and other p iblic books and papers reUiting to the saidsevetil
duties in the custody, keepin ', or possession of any such clerk or clerks who
hath or have been or shall bt removed from such office or offices, or in the cus-
tody, keeping, or possession of the executoi-s, administrators, or other legal
representatives of any person fcr persons who hath or have died or shall die
during his or their holding sAh office or offices, or after his or their removal
from the same, or in thecustoA', keeping, or possession of his or their respective
agent or attorney, or of any otlier person or persons soever, shall be deemed and
are hereby declared to be the Iroperty of the commisaioners of the said several
duties acting in the respective pivisions or places for the time being, and in
succession, as records of and belonging to them the said commissioners, for their
use and inspection, and shall bl placed and deposited with and remain in the
custody, keeping, and possessiol of them the said commissioners, or their re-
spective clerks for the time beinr, or such other person as the said commissioneB
or any two or more of them fir the time being shall from time to time »t
their meetings order, direct, or appoint.
LX.VIII. Ahd be it further e acted, that all and every person and persoDB
whatever now or at any time he eafter having in his or their custody, keeping,
or possession any such books or )apers aforesaid relating to the said several
duties in this Act mentioned, s all, within the space of one calendar monti
next after notice in writing sign d by three or more of the commissionen for
the affairs of taxes (a true cop thereof being given to or left; at the usuJ
place of abode of such person < ■ persons), deliver and give up all sucb boqb
and papers unto such person o: persons as the said commissioners for the
aSairs of taxes by such notice sldl order and appoint, whose receipt of the
same shall be a good and sufficknt discharge to such person or persons so
delivering such books and paperst and if any such person or persona now or
I
kJ). 1802-3.
43 Georg ; III. c. 99.
329
at any time hereafter having in his ct their custody, keeping, or possession
uiy such books or papers shall refuse of neglect to deliver the same within the
time limited by sneh notice and demanfi made, he or they shall for every such
offence forfeit and pay the sum of fifty boimds ; and all such books and papers
dnU be delivered by the person or peisons so appointed to such of' the com-
misffloners for executing this Act as tie said commissioners for the affairs of
taxes shall think proper for the effectiftl and speedy execution of the powers
by this Act granted.
• •••»#•*#
T.YY. Am) be it farther enacted, that if any action or suit shall be brought
^unst any person or persons for anwihing done in pursuance of this Act or
any Ad for granting duties to be assessed under the regulations of this Act,
mil action or suit ^aU be commencep within six calendar months next after
the fiut committed, and not afterwards, and shall be laid in the county or
^ where the cause of complaint dip arise, and not elsewhere ; and no writ
(Y process shall be sued out for the commencement of such action or suit until
oDe calendar month next after noticej in writing shall have been delivered to
(T left at the usual place of abode of tsuch person or persons by the attorney
or agent for the intended plaintiff or f laintiffs, in which notice shall be clearly
aad completely contained the cause amd causes of action, the name and place
or |Jaoes of abode of the intended plaintiff or plaintiffs, and of his or their
aUoae7 ^^ ^^^^> ^^'^ ^^ evidence shiill be given on the trial of such action or
sAimy cause or causes of action than such as is or are contained in such
Bofae; and the intended defendant \r defendants to whom such notice shall
kre teen delivered may, at any tim^ before the expiration of such calendar
d plaintiff or plaintiffs, his or their
ends are not accepted may plead such
rought against him or them grounded
he defendant or defendants in every
ral issue, and also such tender and any
of such action or suit, and may give
for execating
this Act as the
commisBionera
of taxes shall
direct*
Limitation of
actions.
One month's
notice of action
to be given by
the attorney for
the intended
plaintiff, con-
taining certain
particulars.
moDth, tender amends to the inten
J2t(amey or agent, and in case such
loider in bar to any action or suit to b
on such notice, writ, or process ; and
sath action or suit may plead the ge
other plea, with leave of the court, in
The intended
defendant may
tender amends,
and sach ten-
der, if not ac*
cepted, may
be pleaded in
bar of action.
Defendant may
plead the gene-
ral issue.
this Act and the special matter' in evilence at any trial to be had thereupon ;
mud if the jury shall find for the defendam in any such action or suit, or if the plaintiff
or plaintiffs shall he nonsuited, or disccmtinue his or their action or suit afler the
defendant or defendants shall have appiared, and if upon demurrer judgment shall be
given against the plaintiff or plaintifls, ^e defendant or defendants shall have treble
costs, and have the like remedy for the jBame as any defendant hath in any other case
to recover costs by law (Rep., 5 & 6 Vict, c 97- s. 2.J ; and every such action or
suit which shall be brought againstf any collector or collectors appointed under
this Act shall be defended by th^ commissioners acting for the division or
place where such collector shall ha^e been appointed, and the costs and charges
attending the same, as also any other action or suit to be brought by or against
commiasioners or collectors in pitf'suance of this Act, or for anything done in
pursuance of this Act or any Acs for granting duties to be assessed under the
r^ulations of this Act, shall be eefrayed by an assessment made on the parish
or place for which such collecton or collectors shall have been appointed, in a
just proportion to the amount pf the duties payable under this Act on the
respective persons charged to ihk same in the assessment to be made next after
the time when the said costs anfl charges shall have been incurred.
Treble conts.
Actions againBt
collecton to be
defended by the
commisHiouem
of the district.
CobU of actions
brought by or
against com-
missioners or
coUectorH to
be defrayed by
an as>e«tmenc
on the pari&h.
330
43 GEORoi III. a 99, 100.
A-D. 1802-3.
t
'y
»
» ■
rr
SC]
The FoKM of the Oath or Affi]
before they a<
X A.B. do swear [or aj9&rm, as
-*- execute the office of an asses
an Act passed m the forty-thin
intituled " An Act '* [here insei
ment which I am required to
Majesty any duties to be assesses
faithfiilly and honestly act with^
of my skill and knowledge.
IDULE (B.)
lTION required to be. taken by Assessors
in execution of this Act.
■
e case may require] that I will diligently
or, to which I am appointed by authority of
year of the reign of his present Majesty,
the title of this Act], and that in the asaess-
-ke by any other Act or Acts granting to his
under the regulations of the said Act I will
t- favour or affection, according to the best
So help me GOD.
K-
UV
Recital of
43 Geo. 3. c. 50.
8. 9.
Sect. 14.
Every man
ballotted to
serve in the
militia of
Great Britain,
who shall be
imprisoned for
rei&sing to be
examined as
to his fitness
to serve, shall
' be liable to be^
enrolled it he '
flball appear a
proper person.
CHAPTER C.
An Act to render more effectual two Acts made in this present Session rf
Parliament, for the more speedily completing the Militia of Great BritUD,
and for raising an additional Military Force for the better Defence of thft
United Kingdom. [27th July 1803.]
V\I HEREAS by an Act made in this present session of Parliament, intituled
^^ "An Act for more speedily completing the militia of Great Britaia
" raised under two Acts passed in the forty-second year of the reign of hiB
" present Majesty, and for amending the said Acts," it is among other things
enacted that every ballotted man to be enrolled to serve in the militia of Great
Britain shoxild, previous to his enrolment, be examined upon oath before the
deputy Ueutenants as to his residence, age, and family ; and that if any person
should refuse to be examined as to his fitness to serve in the militia, such
person might be imprisoned for any time not exceeding one week: And
whereas doubts have arisen upon the tine construction of the said Act : Be it
therefore enacted and declared by the King'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,
Pi that every ballotted man who shall have been or shall hereafter be ballotted
to serve in the militia of Great Britain, and who shall have refused or shall
refuse to be examined upon oath as directed by the said Act, and shall have
been or shall be imprisoned on account of refusing to be examined as to his
fitness to serve in the militia, shall notwithstanding be liable to be em'olled
to sei*ve in the said militia, if he shall appear to the deputy lieutenants a
proper person to be so enrolled, in such and the like manner and under the
like penalties and provisions as are enacted in any of the militia laws of Great
Britain, any thing in the said Act to the contrary notwithstanding.
p Sect, 1. is rep., so far as relates to the militia to be raised in England, 23 & 24 Yict.
c. 120. s. 26.J
AJ). 180^.
43 George III. c. 107.
331
CHAPTER CVIL
A5 Act for effectuating certain Parts of an Act passed in the Second and
Third Years of the reign of Her late Majesty Queen Anne, intituled " An
** Act for the making more effectual Her Majesty's gracious Intentions
** for the Augmentation of the Maintenance of the Poor Clergy, by
« enabling Her Majesty to grant, in Perpetuity, the Revenues of the
* First Fruits and Tenths ; and also for enabling any other Persons to
" make Grants for the same Purpose/' so fSax as the same relate to Deeds
and Wilk made for granting and bequeathing Lands, Tenements, Here-
ditaments, Goods, and Chattels, to the Governors of the Boimty of Queen
Anne, for the purposes in the said Act mentioned ; and for enlarging the
Powers of the said Governors. [27th July 1803.]
TT7EEBEAS by an Act made in the second and third years of the reign of
^ ^ her late Majesty Queen Anne, intituled '* An Act for the making more
" e&ectaal her Majesty's gracious intentions for the augmentation of the main-
* tenance of the poor clergy, by enabling her Majesty to grant in perpetuity
" theievenues of the first fruits and tenths, and also for enabling any other
* peraoos to make grants for the same purpose," after reciting, amongst other
Hiogs, that for the encouragement of such well-disposed persons as should, by
kr Majesty's royal example, be moved to contribute to so pious and charitable
aynpose, and that such their charity might be rightly applied, it was amongst
kings enacted, that all and every person and persons having in his or
Ev ovi right any estate or interest, in possession, reversion, or contingency,
^ork any lands, tenements, or hereditaments, or any property of or in any
|m6 or diattels, should have full power, licence, and authority, at his, her,
their will and pleasure, by deed enrolled in such manner and within such
as is directed by the statute made in the twenty-seventh year of th6
jeign of King Henry the Eighth for enrolment of bargains and sales, or by
Ida, her, or their last will or testament in writing duly executed according to
law, to give and grant to and vest in the corporation thereby authorized, and
ace erected under the name of The Governors of the Boimty of Queen Anne,
nd their successors, all such his, her, or their estate, interest, or property in
mdk lands, tenements, and hereditaments, goods and chattels, or any part or
puts thereof, for and towards the augmentation of the maintenance of such
Biinisters officiating in such church or chapel where the liturgy and rites of
the said church were or should be so used or observed as in the same Act
were mentioned, and having no settled competent provision belonging to the
same, and to be for that purpose applied, according to the will^ of the said
heneSajcioT in and by such deed enrolled or by such will or testament
executed as aforesaid expressed^ and in default of such direction, limitation,
or appointment, in such manner as by her Majesty's letters patent should be
directed or appointed as aforesaid, and such corporation and their successors
should have full capacity and ability ^to purchase, receive, take, hold, and
enjoy for the purposes aforesaid, firom such persons as should be so charitably
disposed to give the same, any manors, lands, tenements, goods, or chattels,
without any licence or writ of ad quod damnum, the statute of mortmain or
any other statute or law to the contrary notwithstanding : And it was by the
same Act provided, that that Act, or any thing therein contained, shall not
Recital of
2 & 3 Ann.
c. 20. 88. 4, 5,
empowering
persons to
^rant estates,
«c. to the
governors of
the bounty of
Queen Anne,
towards the
augmentation
of the main-
tenance of the
clergy.
Sect* 6.
t
B
.
•
p
"
c
K '
I
i • .
r
1.
k
9 Geo. 2. c. 36.
^
^.;
^
i':
r-
.(r.. •
^'
l3o much of
It'
2 & 3 Ann.
I •
c. 20. as is
r'
herein recited ■
t'l
shall remain
r '
in force, not-
t
-withstanding
i>
9 Geo. 2. c. 36.
332
43 George III. c. 107, 108.
A.D. 1802-3.
l''
Power of ex-
changing lauds,
&c. granted
by 1 Geo. 1.
8t. 2. c. 10.
6. 13. shall ex-
tend to all the
lands, &c of
every aug-
mented living.
Where an
augmented
living has no
suitable par-
sonage house
the governors
may provide
one.
tc
Si
extend to enable any person or persons being within age, or of non-sane
memory, or women covert without their husbands, to make any such gift,
grant, or alienation, any thing in that Act contained to the contrary in any-
wise notwithstanding.: And whereas the beneficial effect and oj>eration of the
said Act have been considerably obstructed and retarded by an Act passed in
ninth year of the reign of his late Majesty King George the Second, intituled
" An Act to restrain the disposition of lands, whereby the same become nn-
" alienable ": For remedy thereof be it enacted by the King'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 so much of the said Act of her late Majesty Queen
Anne as is herein recited shall be and remain in full force and effect, the said
Act of his late Majesty King George the Second or any other Act or law to
the contrary notwithstanding.
11 And whereas by an Act passed in the first year of the reign of his late
Majesty King George the First, intituled " An Act for making more effectual
her late Majesty's gracious intentions for augmenting the maintenance of
the poor clergy," it was amongst other things enacted, that it should be
lawful, with the concurrence of the said governors of the bounty of Qufien
Anne, and the incumbent, patron, and ordinary of any augmented living or j
cure, to exchange all or any part of the estate settled for the augmentadot j
thereof for any other estate in lands or tythes of equal or greater value, tollj
conveyed to the same uses : Be it also enacted, that the said power shall b^.
and the same is hereby extended to all the messuages, buildings, and landi
belonging to every such augmented living or cure.
III. And be it further enacted, that where a living shall have been or sha
be augmented by the said governors, either by way of lot or benefaction, and
there is no parsonage house suitable for the residence of the minister, it flhall
and may be lawful for the said governors, and they are hereby empowered,
from time to time, in. order to promote the residence of the clergy on their
benefices, to apply and dispose of the money appropriated for sudi augmen-
tation and remaining in their hands, or any part thereof, in such manner as
they shall deem most advisable, in or towards the building, rebuilding, of
purchasing a house and other proper erections within the parish convenient
and suitable for the residence of the minister thereof; which house shall for
ever thereafter be deemed the parsonage house appertaining to such living to
all intents and purposes whatsoever ; any thing in any Act or Acts or the
rules of the said governors contained to the contrary notwithstanding.
CHAPTER CVIII.
An Act to promote the building, repairing, or othei'wise providing of Churches
and Chapels, and of Houses for the Residence of Ministers, and the pro-
viding of Church Yards and Glebes. pi [27th July ISOa]
V\l HEREAS a sufficient number of churches and chapels for the celebration
^^ of divine service according to the rites and ceremonies of the United
Church of England and Ireland, and of mansion houses with competent glebes
p Rep., so far as relates to the kingdom of Ireland, 14 & 15 YicU c« 71>I
iD. 1802-3.
43 George III, c 108.
333
for tbe residence of ministers officiating in such churches and chapels, is neces-
strj towards the promotion of religion and morality : And whereas the same
are either wholly wanting or materially deficient in many parts of England
and Ireland : And whereas many well disposed persons would be desirous of
contributing towards the supply of such defects if they were enabled so to do
in the manner herein-after directed : May it therefore please your Majesty
that it may be enacted, and be it enacted by the King s most excellent
Majesty, by and with the advice and consent of the lords spiritual and tem-
poral, and commons, in this present Parliament assembled, and by the authority
rf tbe same, that all and every person and persons having in his or their own
i^ht any estate or interest in possession, reversion, or contingency, of or in
any lands or tenements, or of any property of or in any goods or chattels,
AJi have fall power, licence, and authority, at his and their will and pleasure,
by deed inroUed in such manner and within such time as is directed in Eng-
land by the statute made in the twenty-seventh year of the reign of King
Heniy the Eighth, and in Ireland by the statute made in the tenth year of
the reign of King Charles the First, for inrolment of bargains and sales, or by
he, her, or their last will or testament in writing duly executed according to
kw, such deed or such wDl or testament being duly executed three calendar
moiths at least before the death of such grantor or testator, including the
dap of tbe execution and death, to give and grant to and vest in any person
« posons, or body politick or corporate, and their heirs and successors rc-
ipdhdy, all such his, her, or their estate, interest, or property in such lands
ortoeaents, not exceeding five acres, or goods and chattels, or any part or
/arts fciereof, not exceeding in value five hundred pounds, for or towards the
ffectfog, rebuilding, repairing, purchasing, or providing any church or chapel
wAere the liturgy and rites of the said imited church are or shall be used or
tfhenred, or any mansion house for the residence of any minister of the said
raited church officiating or to officiate in any such church or chapel, or of any
Qgt-bnildtngs, offices, chiuxihyard, or glebe for the same respectively, and to be
fer those purposes applied according to the will of the said benefactor in and
by such deed enrolled or by such will or testament executed as aforesaid ex-
jKessed, the consent and approbation of the ordinary being first obtained, and
in default of such direction, limitation, or appointment^ in such maimer as
dall be directed and appointed by the patron and ordinary, with the consent
and approbation of the parson, vicar, or other incumbent ; and such pei-son
and persons, bodies politick and corporate, and their heirs and successors
respectively shall have full capacity and ability to purchase, receive, take,
hold, and enjoy, for the purposes aforesaid, as well from such persons as shall
be so charitably disposed to give the same as from all other persons as shall be
willing to sell or aliene to such person or persons, bodies politick or corporate,
any lands or tenements, goods or chattels, without any licence or writ of ad
quod damnum, the statute of mortmain or any other statute or law to the
eontrary notwithstanding : Provided always, that this Act or anything therein
oontained shall not extend to enable any person or persons, being within age
or of non-sane memory, nor women covert without their husbands, to make
any such gift, grant, or alienation, anything in this Act contained to the
contrary in any wise notwithstanding.
Persons by
deed eDroUcd
or will may
give lands
not exceeding
five acres, or
goodi$ and
chattels not
exceeding 500/.
for the pur-
poses of this
Act.
But such
powers not io
he exercisable
by persons
within age or
insane, &c.
wiih more than ,
334 43 George III. c. 108. . " A.D. 1802-3.
Onlj one sncb' II. FsoTroED also, and it is hereby further enacted, that no more than one
^(bail bo gmjjj gjfj. Qj, deviae shall be made by any one person, and that if any sueli pR
perwn.Bnd Or devise as aforesaid shall happen to exceed five acres in lands or tenements,
cecdTfiye^acree **"" *'^® ^ue of five hundred pounds in goods and chattels, every such gjft or
or soo;, the devise shall be good and valid to the extent aforesaid ; and it shall be laviii]
1^"™°^"°'^ for the lord chancellor for the time being, on petition, to make order for
tioD, order it reducing every such gift or devise to and vrithin the said limits, and for allot-
^(._ ' ting such specifick five acres, and, if occasion should require, such spedfict
goods and chattels as in his judgement shall be most conveni^t, atid to
make such further order touching the premises as to him shall appear jtmt ud
reasonable.
No glebe op- III. PROVIDED also, that no glebe containing upwards of fifty acres shall I*
acroB Bhall bo augmented with more than one acre under or by virtue of this Act ; but diat
the excess, if any, given or devised for the purpose of such augmentation akil
be reduced in manner aforesaid by the said lord chancellor, and such order
thereupon shall be by him made as herein-before is directed in the case of an
excess beyond five acres.
lY. And whereas it often happens that small plot^ of land held in motttnus
lie convenient to be annexed to some such church or chapel, or house of rtsi-
dence as aforesaid, or to some churchyard or curtilage thereto belonging ac
convenient to be employed aa the scite of some such church or chapel or house
to be hereafter erected, and for the necessary and commodious use and ?njiij-
ment thereof, and that they might be so employed to the advantage of the
publick, and without detriment to the proprietors thereof, if they were en^liliiJ
to give and grant the same for the purposes aforesaid : Be it therefore fiirttcr
enacted, that it shall be lawful for every body politick or corporate, fA; >ir
aggregate, by deed inrolled as aforesaid, ivith or without confirmation, a.s Ok
law may require, to give and grant, either by way of exchange or benefatlii'ii.
annexed to ^^y such small plot of land, not exceeding one acre, to any person or pi i
&c. may be ' body politick or corporate, his and their heirs and successors respectively, to
granted either ]^ h^ld, used, and applied for the purposes aforesaid ; and such last-mentiiini.'J
change or bene- peraon and persons, bodies politick and corporate, and their heirs and suc-
^tioD for that (.gggopg respectively shall have full capacity and ability, with consent of tlie
incumbent, patron, and ordinary, to take, hold, and enjoy such small plot of
land for the purposes afo,resaid, without any licence or writ of ad c[ooi
damnum, the statute of mortmain or any other Act or law to the coning
notwithstanding.
Accommoda- Y. Pkovided also, and it is hereby further enacted and declared, that is
''.""J^^ P™- every parochial church or chapel hereafter to be erected ample provision ahJ
sons rerortmn be made for the decent and suitable accommodation of all persons, of wlut
to church, tec. j.f^ ^r d^ree soever, who may be entitled to resort to the same, and whoa
circumfitance.s may render them imable to pay for such .accommodations.
Bights of ^I- Pkovided also, that nothing in this Act contained shall be constnied m
giving or de- t^Q away or abridge any right of giving or deyising which already exists in
a&ctcd. any person whatsoever.
Ijii^
A.D. 1802-3.
43 George IIL c 129.
335
CHAPTER CXXIX
ks Act to amend so much of an Act made in this Session of Parliament, for
granting additional Duties of Excise, as relates to the Exportation of Tea
to J Ireland ; for regulating the granting of Permits for the Removal of
Coffee, Tea, and Cocoa Nuts out of Warehouse, and for more effectually
securing the Duties on Coffee. [11th August 1803.]
Y. AsD whereas by an Act made in the forty-first year of the reign of his present
Majestj, intituled *^ An Act for the better regulation and collection of certain duties of
** excise," it was enacted, th^t if any commodity manufactured in imitation of or to re-
lemUe coffee, or to serve as a substitute for coffee or alledged so to be, should be made
for sale or sold, or should be found in the custody or possession of anj dealer or dealers
in or seller or sellers of coffee in Great Britain, the same should be forfeited, together
inth the packages containing the same, and should and might be seized by any officer
or officers of excise, and the person or persons so making or selling the same, or the
^er or dealers in or seller or sellers of coffee in whose custody or possession the same
dioald be found should forfeit and lose the sum of fifby pounds : And whereas the said
lecited clause has been found by experience not to answer the good purposes thereby
intended, and it is therefore expedient to repeal the same, and in heu thereof to make
neh proylsion as is herein-after mentioned : Be it therefore enacted, that froxa and
i&r the first day of September one thousand eight hundred and three the said recited
tbue shall be, and the same is hereby repealed, save and except in all cases relating
to Of fine, penalty, or forfeiture, fines, penalties, or forfeitures, which, on or before
ftend first day of September one thousand eight hundred and three, shall be incurred
nitror by virtue of the said recited clause ; and that from and after the said first day
«^&ptember one thousand eight hundred and three {Rep., Stat. Law Rev. Act, 1872. J
it any burnt, scorched, or roasted peas, beans, or other grain, or vegetable
ffibstance or substances prepared or manufactured for the piupose of being in
onitation of or in any respect to resemble coffee or cocoa, or to serve as a sub-
ttitate for coffee or cocoa, or alledged or pi*etended by the possessor or vender
thereof so to be, shall be made or kept for sale or shall be offered or exposed
to sale, or shall be found in the custody or possession of any dealer or dealers
b or seller or sellers of coffee or cocoa, or of any burnt, scorched, or roasted
peas, beans, or other grain, or vegetable substance or substances not being
eoffee or cocoa, shall be called by the preparer, manufacturer, possessor, or
render thereof by the name of English or British coffee, or any other name of
eoffee, or by the name of American cocoa or English or British cocoa or any
other name of cocoa, the same respectively shall be forfeited, together with the
packages containing the same, and shall and may be seized by any officer or
officers of excise, and the person or persons preparing, manufacturing, or selling
the same, or having the same in his, her, or their custody or possession, or the
dealer or dealers in or seller or sellers of coffee or cocoa, in whose custody the
Bune shall be found, shall forfeit and lose the suin of one hundred pounds.
41 Geo. 3.
(U. K.) c. 91.
8. 3.
If any article
prepared for
the purpose of
resembling
coffee or cocoa
shall be found
in the posses-
sion of any
dealer, or shall
be called by
him English
or British
cofifee, &c., it
shall be for-
feited, and the
dealer shall
forfeit 100/.
"4
i.
t
i \
336 ' 43 George III. c. 139. A.D. 1802^3.
<
CHAPTER CXXXIX.
*
An Act for preventing the forging and counterfeiting of Foreign Bills of
Exchange, and of Foreign Promissory Notes and Orders for the Payment
of Money ; and for preventing the counterfeiting of Foreign Copper
Money. [11th August 1803.]
VJil HEREAS the practice of forging and counterfeiting foreign bilk of
^ ^ exchange, foreign promissory notes, and foreign orders for payment of
'f money hath of late greatly increased, and plates of such bills, notes, and ci-ders
: have been in some instances engraven within the United Kingdom of Great
f Britain and Ireland, whereby such forgeries have been more easily committed;
I and it is expedient that effectual provision should be made for the preventing
['* of the same : May it therefore please your Majesty that it may be enacted,
I and be it enacted by the King's most excellent Majesty, by and with tiie
f. advice and consent of the lords spiiitual and temporal, and commons, in this
^ Persons forg- present Parliament assembled, and by the authority of the same, pl that if
? jJIng of ex^^ sLny person from and after the passing of this Act shall, within any part of the
r change, &c. or "United Kingdom of Great Britain and Ireland, falsely make, forge, or counter-
i\ same in pay- feit, Or causc or procure to be falsely made, forged, or counterfeited, or
t /^" ™®°*' *°- ^ ^ knowinffly aid or assist in the false making, forging, or counterfeiting any bill
r deemed guilty « , "^ . . jl! i • j i- xi. i f
^ of felony, and of exchange. Or any promissory note, undertakmg, or order for the payment of
I ^ transported- ^Qney, purporting to bo the bill of exchange, promissory note, undertaking,
^ or order for the payment of money of any foreign prince, state, or country
? whatsoever, or of any minister or officer entrusted by or employed in the J
l,. service of any foreign prince, state, or country, or of any person or company
I ' of persons resident in any foreign state or country, or of any body corporate
f and politic, and body in the nature of a body corporate and politic, created
\ \ ' or constituted by any foreign prince or state, with intent to deceive or defraud
his Majesty, his heirs and successoi-s, or any such foreign prince, state, or
country, or with intent to deceive or defraud any person or company of
persons whomsoever, or any body corporate and ' politic, or body in the
[- nature of a body corporate and politic whatsoever, whether the same be
respectively resident, carrying on business, constituted or being in any part
of the United Kingdom or in any foreign state or country, and whether such
bill of exchange, promissory note, or order be in the English language, or in
Ir any foreign language or languages, or partly in one and partly in the other ;
[ or if any person from and after the passing of this Act shall, within any part
f: . of the said United Kingdom, tender in payment or in exchange, or otherwise
[ utter or publish as true any such false, forged, or counterfeited bill of
i exchange, promissory note, undertaking, or order, knowing the same to be
j false, forged, or counterfeited, with intent to deceive or defraud his Majesty,
I his heirs and successors, or any foreign prince, state, or country, or any person
or company of persons, or any body corporate and politic, or body in the
nature of a body politic and corporate as aforesaid ; then every person so
offending shall be deemed and taken to be guUty of felony, and being thereof
lawfully convicted, shall bo transported for any term of years not exceeding
fourteen years.
p Sect. 1. is rep. as to England, 11 Geo. 4. & 1 Will. 4. c. 66. s. 31.; as to Ireland,
24 & 25 Vict. c. 95. s. l.J
A-D. 1802-3.
43 George III. a 139, 140.
337
pt'l And be it further enacted, that no person from and after the passing
of this Act shall, within any part of the United Kingdom of Great Britain
and Xieknd, engrave, cut, etch, scrape, or by any other means or devise, make
or knowingly aid or assist in the engraving, cutting, etching, scraping, or by
any other means or devise making in or upon any plate whatsoever any bill
of exchange, or any promissory note or undertaking, or order for the payment
of money* purporting to be the bill of exchange, promissory note, under-
taking, or order of any foreign prince, state, or country, or of any minister or
o£Sc6r entrusted by or employed in the service of any foreign prince, state,
or ooimtry, or of any person or company of persons resident or being in any
foreign state or country, or of any body corporate and politic, or body in the
nature of a body corporate and politic, or constituted by any foreign prince
or state, or any part of any such bill of exchange, promissory note, under-
taking, or order, without an authority in writing for that purpose from such
foreign prince, state, or country, minister or officer, person, company of
persons, or body corporate and politic, or body in the nature of a body
ooiporate and politic, or from some person duly authorized to give such
utbority, or shall within any part of the said United Kingdom without such
vithority as aforesaid, by means of any such plate, or by any other device or
laeuQs, make or print any such foreign bill of exchange, promissory note,
Tmdertaking, or order for the payment of money or any part thereof, or
bowingly, wilfully, and without lawful excuse (the proof whereof shall lie
vpcathe party accused) have in his or her custody any such plate or device
or asj impression taken from the same ; and if any person shall offend in any
d the cases aforesaid, he shall be deemed and taken to be guilty of a mis-
dawanour and breach of the peace, and being thereof convicted according to
kw shall be liable for the first offence to be imprisoned for any time not
exceeding six months, or to be fined or to be publickly or privately whipped,
cr to suffer one or more of the said p;unishments, and for the second offence to
be transported to any of his Majesty's colonies or plantations for the term of
fourteen years : Provided always, that nothing in this Act contained shall
extend or be construed to extend in any manner whatsoever to repeal or alter
any law or statute now in force for the prevention or punishment of the
crime of forgery in any respect whatsoever, within any part of the said United
Kingdom.
PersoDS en-
graving or un-
lawfully pos-
sessing plates
for foreign bills
of exchange,
&c., or printing
them, without
lawful autho-
rity, to.be
deemed guUty
of a misde-
meanour.
Act not to alter
anyjaw in force
for the punish-
ment of tbrgery.
CHAPTER CXL.
Ajff Act to enable the Judges of His Majesty's Courts of Record at West-
minster to award Writs of Habeas Corpus for bringing persons detained
in Qaol before Courts Martial, and the several Commissioners therein
mentioned. [11th August 1803.]
Vl/ HEREAS writs of habeas corpus have been frequently awarded by the
* ' judges of his Majesty's courts of record at Westminster for bringing
persons detained in custody under civil or criminal process before magistrates
{* Rep. as to England, 11 Geo. 4. & 1 Will. 4. c. 66. 8. 31.; as to Ireland,
24 k 25 Vict. c. 95. s. l.J
VOL. rv. Y
r--
43 Geoege III. c. 139.
CHAPTER CXXXIX.
An Act for preventing the forging and counterfeiting of Foreign Bills of
Exchange, and of Foreign Pi-omissory Notes and Orders for the Payment
of Money ; and for preventing the counterfeiting of Foreign Copper
Money. [11th August 1803]
"VXTHEREAS the praotico of forging and counterfeiting foreign biils of
' exchange, foreign promissory notes, and foreign orders for payment of
money hath of late greatly increased, and plates of such bills, notes, and orders
have been in some instances engraven within the United Kingdom of Grot
Britain and Ireland, whereby such forgeries have been more easily committed;
and it is expedient that eEfectual provision should be made for the prevaiting
of the same : May it therefore please your Majesty that it may be enacted,
and be it enacted by the King's most excellent Majesty, by and with the
advice and consent of the lords spiritual and temporal, and commons, in this
Fenoattoig- present Parliament assembled, and by the authority of the same,!'! that if
bill's of ei- any person from and after the passing of this Act shall, within any part of tbe
chaoge, 4c. or United Kingdom of Great Britain and Ireland, falsely make, forge, or ct-unkr-
Ksme JD pay- feit, or causo or procure to be falsely made, forged, or counterfeited, w
?^'' **■ ^J* knowingly aid or assist in the false making, forging, or counterfeiting any lull
of felony, and of exchange, or any promissory note, undertaking, or order for the payment 4
betrai»port«d. money, purporting to be the bill of exchange, promissoiy note, undertakiu^',
or order for the payment of money of any foreign prince, state, or country
whatsoever, or of any minister or officer entrusted by or employed in tiic
service of any foreign prince, state, or countiy, or of any person or cocDjiany
of persons resident in any foreign state or country, or of any body corporate
and politic, and body in the nature of a body corporate and politic, treated
or constituted by any foreign prince or state, with intent to deceive or defraud
Lis Majesty, his heirs and successoi-s, or any such foreign prince, stat«, nr
country, or with intent to deceive or defraud any person or company of
persons whomaoever, or any body corporate and ■ politic, or body in llie
natura of a body corporate and politic whatsoever, whether the same ii'
respectively resident, carrying on business, constituted or being in any jiart
of the United Kingdom or in any foreign state or country, and whether sucli
bill of exchange, promissory note, or order be in the English language, or lo
any foreign langu^e or languages, or partly in one and partly in the oUier ;
or if any person from and after the passing of this Act shall, within any ]iart
of the said United Kingdom, tender in payment or in exchange, or otherwise
utter or publish as true any such false, forged, or counterfeited bill of
exchange, promissory note, undertaking, or order, knowing the same to !«
fidse, forged, or counterfeited, with intent to deceive or defitiud his Majesty,
his heirs and successors, or any foreign prince, state, or country, or any person
or company of persons, or any body corporate and politic, or body in the
nature of a body ]>olitic and corporate as aforesaid ; then every jyei^on so
offending shall be deemed and taken to be guilty of felony, and being thereof
lawfully convicted, shall be transported for any term of years not exceeding
foui-tecn years.
I» Sect. 1. is rep. as to Eoglanil, 11 Geo. 4. & 1 Will. 4. c. 66, s. 31.; as to Irelami,
24&25 Vict.c.95. B. l.J
A.D. 1802-3.
43 George III. a 139, 140.
337
pt'l And be it further enacted, that no person from and after the passing
of this Act shall, within any part of the United Kingdom of Great Britain
and Irehind, engrave, cut, etch, scrape, or by any other means or devise, make
or knowingly aid or assist in the engraving, cutting, etching, scraping, or by
any other means or devise making in or upon any plate whatsoever any bill
of exchange, or any promissory note or undertaking, or order for the payment
of moneyr purporting to be the bill of exchange, promissory note, under-
takmg, or order of any foreign prince, state, or country, or of any minister or
officer entrusted by or employed in the service of any foreign prince, state,
or ooontry, or of any person or company of persons resident or being in any
foieign state or country, or of any body corporate and politic, or body in the
natore of a body corporate and politic, or constituted by any foreign prince
or state, or any part of any such bill of exchange, promissory note, imder-
taking, or order, without an authority in writing for that purpose from such
foreign prince, state, or country, minister or officer, person, company of
persons, or body corporate and politic, or body in the nature of a body
G(xporate and politic, or fix)m some person duly authorized to give such
intiioriiy, or shall within any part of the said United Kingdom without such
inihority as aforesaid, by means of any such plate, or by any other device or
BMans, make or print any such foreign bill of exchange, promissory note,
ndertaking, or order for the payment of money or any part thereof, or
Vnovingly, wilfully, and without lawful excuse (the proof whereof shall lie
vpnUie party accused) have in his or her custody any such plate or device
<ir 11^ impression taken from the same ; and if any person shall offend in any
(jftiie cases aforesaid, he shall be deemed and taken to be giulty of a mis-
(fafieanonr and breach of the peace, and being thereof convicted according to
bw shall be liable for the first offence to be imprisoned for any time not
exceeding six months, or to be fined or to be publickly or privately whipped,
or to suffer one or more of the said pjunishments, and for the second offence to
be irsnsported to any of his Majesty's colonies or plantations for the term of
feorteen years : Provided always, that nothing in this Act contained shall
extend or be construed to extend in any manner whatsoever to repeal or alter
any law or statute now in force for the prevention or punishment of the
crime of forgery in any respect whatsoever, within any part of the said United
Kingdom.
Persons en-
graving or un-
lawfully pos-
sessing plates
for foreign bills
of exchange,
&c., or printing
them, without
lawful autho-
rity, to.be
deemed guilty
of a misde-
meanour.
Act not to alter
any law in force
for the punish-
ment of tbrgery.
CHAPTER CXL.
Ah Act to enable the Judges of His Majesty's Courts of Kecord at West-
minster to award Writs of Habeas Corpus for bringing persons detained
in Gaol before Courts Martial, and the several Commissioners therein
mentioned. [11th August 1803.]
WHEREAS writs of habeas corpus have been frequently awarded by the
judges of his Majesty's courts of record at Westminster for bringing
persons detained in custody under civil or criminal process before magistrates
p Bep. as to England, 11 Geo. 4. & 1 Will 4. c. 66. s. 31.; as to Ireland,
24 h 25 Vict. c. 95. s. l.J
VOL. IV. Y
43 George. III. & 140,141.
A.D. 1802-3.
or coorts of record as well for trial as for examination touching matters
depending before such magistrates or courta respecUvely, bat doubts have
arisen whether such judges have power to award writs of habeas corpoa for
bringing persons detained as aforesaid before courts martial, commissioners of
bankrupt, commissioners for auditing the puhlick accounts, or other commiB-
sioners acting under commission or warrant from his Majesty : And whereas
it is expedient to make provision for bringing prisoners before such courta
martial or comiuissioners for the purposes herein-before mentioned: Be it
therefore enacted by the King's most excellent Majesty, by and with the
advice and consent of the lords spiritual and temporal, and commons, in tliis
Any jud^ of present Parliament assembled, and by the authority of the same, that from
and after tiie passing of this Act it shall be lawful for any judge of bis
Majesty's Courts of King's Bench or Ck)nunon Fleas respectively, or for any
baron of his Majesty's Court of Exchequer of the degree of the coif, at bis
discretion, to award a writ or writs of habeas corpus for bringing any
praopvT^ in^7 pj^^gp ^j. pngoners detained in any gaol or prison in that part of the tTnited
"ft Kingdom of Great Britain and Ireland cajled England before any court
martial, or before any commissioners of bankrupt, commissioners for auditiDg
the puhlick. accounts, or other commissioners acting by virtue or under the
authority of any commission or warrant from his Majesty, his heirs or sue-
cessors, for trial, or to be examined touching any matter depending before
such courts martial or commissioners respectively ; and the like proceeding!
shall be had upon such writ or writs of habeas corpus so to be awarded u
aforesfud as by law may now be had upon writs of habeas corpus for
bringing persons detained in gaol before magistrates or courts of record for
such purposes as aforesaid ; any law, custom, or usage to the contrary thereof
in anywise notwithstanding.
Westjninisfc
miy nwiLnl
corpus for
bringing Litij-
biinkrupt, Ac.
CHAPTER CXLI.
An Act to render Justices of the Peace more safo in the Execution of their
Duty.I'J [11th August 1803.]
TTTHEBEAS it is expedient that justioes of the peace in Great Britain and
' ' Ireland respectively, who by virtue . of divers Acts of Parliament in
force in the United Kingdom are authorized and required to convict pereons
of sundry offences in a summary way, should be rendered more safe in the
execution of such their duty : Be it therefore enacted by the King's most
excellent Majesty, by and with the advice and consent of the lords spiritoal
and temporal, and commons, in this present Parliament assembled, and by tk
In nctionB authority of the same, that in all actions whatsoever which shall at any time
iu«ti^'^'!!e- after the passing of this Act be brought against any justice or justices of the
eoant of any peace in the United Kingdom of Great Britain and Ireland, for or on account
thu pWDdff, '^' of any conviction by him or them had or made under or by virtue of any AjA
bi«dea nnj Qf ^f^ of Parliament in force in the said United Kingdom, or for or by
mBj have been reason of any act, matter, or thing whatsoever, done or commanded to be done
J'Kep, as to England, 11 & 12 Vict. c. 44. s. 17, j aa to Ireland, 12 & 18 Vict c. 1&
8. 17.J
A.D. 1802-3.
43 George III. c. 141, 143.
339
by such justice or justices for the levying of any penalty, apprehending any
party, or for or about the carrying of any such conviction into eflfect, in case
such conviction shall have been quashed, the plaintiff* or plaintiffs in such
action or actions, besides the value and amount of the penalty or penalties
which may have been levied upon the said plaintiff or plaintiffs, in case any
levy thereof shall have been made, shall not be entitled to recover any more
or greater damages than the sum of twopence, nor any costs of suit what-
soever, unless it shall be expressly alleged in the declaration in the action
wherein the recoveiy shall be had, and which shall be in an action upon the
case only, that such acts were done maliciously and without any reasonable
aad probable cause.
IL And be it further enacted, that such plaintiff shall not be entitled to
recover against such justice any penalty which shall have been levied, nor
my damages or costs whatsoever^ in case such justice shall prove at the
trial that such plaintiff was . guilty of th6 offence whereof he had been con-
victed, or on account of which he had beep apprehended or had otherwise
safiered, and that he had xmdergone no greater punishment than was assigned
bylaw to such offence.
levied upon
him, shall be
entitled only to
2d, damages,
unless malice
he alleged in
the declaration.
Plaintiff not
entitled to re-
cover if the
justice prove
that the offence
was committed.
CHAPTER CXLIII
Aa kCT for the rendering Justices of the Peace and Governors and Deputy
Qovemors of Counties and Places in Ireland more safe in the Execution
of their Office; and for indemnifying Constables and others acting in
Obedience to the "Warrants of such Justices of the Peace, Governors, and
Deputy Governors respectively. I»i [11th August 1803.]
Whereas justices of the peace and other magistrates and persons in
Ireland are discouraged in the execution of their office by vexatious
adioiis brought against them, or by reason of small and involuntary errors in
^proceedings : And ^hereaskit is necessaiy that they should be (as far as
Mcanaistent with justice and the safety and liberty of the subjects over vsrhom
tlieir authority extends) rendered safe in the execution of their several offices
ttd tmsts : And whereas it is also necessary that the subjects should be
prf)tected fix)m all vnlful and oppressive abuse of the several laws and statutes
ct^nmitted to the care and execution of the said justices of the peace and other
siagistrates and persons : Be it therefore enacted by the Eing^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 from and after the first day of August one thousand
eight hundred and three no writ shall be sued out against nor any copy of
^J process at the suit of a subject shall be served on any justice of the peace
or governor or deputy governor of any county or place in Ireland for any
thing by him done in the execution of his office, until notice in writing of such
intended writ or process shall have been delivered to him, or left at the usual
place of his abode by the attorney or agent for the party who intends to sue
oat or serve or cause the same to be sued out or served, at least one calendar
{* Rep., so &r as relates to actions against justices of the i)eace» 12 & 13 Vict. c. 16.
i. 17-1
T 2
After Aug. I,
1803, no writ
ehall be sued
out against or
copy of pro-
cesH served on
any justice, &c.
for any thing
done in the
execution of
his office, until
one month's
notice be
given, &c.
338 43 George JII. c. 140,141. A.D. 180M.
or courts of record as well for trial as for examination toucliing matters
depending before such magistrates or courts respectively, but doubts have
h arisen whether such judges have power to award writs of habeas corpus for
f bringing persons detained as aforesaid before courts martial, commissioners of
bankrupt, commissioners for auditing the publick accounts, or other comniia-
sioners acting under commission or warrant from his Majesty : And whereas
it is expedient to make provision for bringing prisoners before such courts
martial or commissioners for the purposes herein-before mentioned: Be it
therefore enacted by the King's most excellent Majesty, by and with the
advice and consent of the lords spiritual and temporal, and commons, in this
Anyjadgeof present Parliament assembled, and by the authority of the same, that from
Westo^ter *^^ ^^^ P^^ passing of this Act it shall be lawful for any judge of his
may award a Majesty's Courts of King's Bench or Common Pleas respectively, or for any
cOTpus for^^^ baron of his Majesty's Court of Exchequer of the degree of the coif, at his
bringing any ' discretion, to award a writ or writs of habeas corpus for bringing any
Solb^E^iimd prisoner or prisoners detained in any gaol or prison in that part of the "United
before a court Kingdom of Great Britain and Ireland called England before any court
martial, com- i*! i/* •• /*vi« ■• i* j'x.*
miBsioners of martial, or before any commissioners oi bankrupt, commissioners for auditing
bankrupt, &c. ^he publick • accounts, or other commissioners acting by virtue or under the
authority of any commission or warrant from his Majesty, his heirs or su^
cessors, for trial, or to be examined touching any matter depending before
such courts martial or commissioners respectively ; and the like proceedings
shall be had upon such writ or writs of habeas corpus so to be awarded as
aforesaid as by law may now be had upon writs of habeas corpus for
bringing persons detained in gaol before magistrates or courts of record for
such purposes as aforesaid ; any law, custom, or usage to the contrary thereof
in anywise notwithstanding.
■ \ y
t
i
\
ft
I
k
CHAPTER CXLI.
An Act to render Justices of the Peace more safe in the Execution of their
Duty.E*! [11th August 1803.]
TX7HEREAS it is expedient that justices of the peace in Great Britain and
^ ' Ireland respectively, who by virtue . of divers Acts of Parliament in
i force in the United Elingdom are authorized and required to convict persons
of sundry offences in a summary way, should be rendered more safe in the
execution of such their duty : Be it therefore enacted by the Bang'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
In actionB authority of the same, that in all actions whatsoever which shall at any time
* iv^Ls raac^ ^^^ ^® passing of this Act be brought against any justice or justices of the
'^ co^J ^f ^7 peace in the United Kingdom of Great Britain and Ireland, for or on account
the plamtiir, of ^^J conviction by him or them had or made under or by virtue of any Act
besides any qj. j^^ts of Parliament in force in the said United Eongdom, or for or by
may have been reason of any act, matter, or thing whatsoever, done or commanded to be done
I* Rep. as to England, 11 & 12 Vict, c. 44. s. 17. ; as to Ireland, 12 & 13 Vict, c 16.
s. 17.1
A.D. 1802-3.
43 George III. c. 141, 143.
339
\y such justice or justices for the levying of any penalty, apprehending any
party, or for or about the carrying of any such conviction into eflFect, in case
sQch conviction shall have been quashed, the plaintiff or plaintiffs in such
action or actions, besides the value and amount of the penalty or penalties
which may have been levied upon the said plaintiff or plaintiffs, in case any
levy thereof shall have been made, shaU not be entitled to recover any more
or greater damages than the sum of twopence, nor any costs of suit v^hat-
soever, unless it shall be expressly alleged in the declaration in the action
wherein the recovery shall be had, and which shall be in an action upon the
ease only, that such acts were done maliciously and without any reasonable
and probable cause.
U Ain) be it further enacted, that such plaintiff shall not be entitled to
recover against such justice any penalty which shall have been levied, nor
any damages or costs whatsoever, in case such justice shall prove at the
trial that such plaintiff was . guilty of th6 offence whereof he had been con-
ricted, or on account of which he had beep apprehended or had otherwise
suffered, and that be had xmdergone no greater pimishment than was assigned
by law to such offence.
levied upon
him, shall be
entitled only to
2d, damages,
unless malice
be alleged in
the declaration.
Plaintiff not
entitled to re-
cover if the
justice prove
that the offence
was committed.
CHAPTER CXLIII
Askrfor the rendering Justices of the Peace and Governors and Deputy
Qovemors of Counties and Places in Ireland more safe in the Execution
of their Office ; and for indemnifying Constables and others acting in
Obedience to the "Warrants of such Justices of the Peace, Governors, and
Deputy Governors respectively.pl [11th August 1803.]
TT^BEREAS justices of the peace and other magistrates and persons in
Ireland are discouraged in the execution of their office by vexatious
aefaoDS brought against them, or by reason of small and involuntary errors in
their proceedings : And ^hereas^it is necessary that they should be (as Ceu* as
is consistent with justice and the safety and liberty of the subjects over whom
tlieir authority extends) rendered safe in the execution of their several offices
and trusts : And whereas it is also necessary that the subjects should be
protected from all wilful and oppressive abuse of the several laws and statutes
committed to the care and execution of the said justices of the peace and other
magistrates and persons : Be it therefore enacted by the Eing^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
aaihority of the same, that from and after the first day of August one thousand
eight hundred and three no writ shall be sued out against nor any copy of
any process at the suit of a subject shall be served on any justice of the peace
or governor or deputy governor of any county or place in Ireland for any
thing by him done in the execution of his office, until notice in writing of such
intended writ or process shall have been delivered to him, or left at the usual
place of his abode by the attorney or agent for the party who intends to sue
out or serve or cause the same to be sued out or served, at least one calendar
p Bep.t so far as relates to actions against justices of the peace» 12 & 13 Vict. c. 16.
f. I7.i
T 2
After Aug. I,
1808, no writ
shall be sued
out against or
copy of pro-
cess served on
any justice, &c.
for any thing
done in the
execution of
his office, until
one month's
notice be
given, &c.
\
t
r
340
43 George III. c. 143.
R', •
l-u
K
r-
*
•-•,
!.-
f
i ■
h
i
fc>
k
AmeDds may
w
be tendered to
1
the party com-
i
plaining, and if
m ■•
not accepted,
5-
the tender may
t".
be [jleatled in
r,
bar.
A.D. 1802-3.
clear!
No plaintiff to
recover verdict
unless proof
is made that
notice was '
given.
t-
be paid into
li
court before
P
issue joined.
>•
i.
FV
r.
r
No evidence of
any cause of
* *
action except
what is con-
1
tained in notidb
I
1
shall be ad-
b .,
mitted.
No action shall
r .
be brought
against con-
stables, &c. for
any thing done
under a war-
'f.
rant of a justice,
P
f
i
r »
) -■
';•
&c., unless de-
month before the suing out or serving the same ; in which notice shall be
and explicitly contained the cause of action which such party hath or dai
to have against such justice of the peace or governor or deputy governor respec-
tively ; on the back of which notice shall be indorsed the name of such
attorney or agent, together with the place of his abode, who shall be entitled
to have the fee of twenty shillings for the preparing and serving such notice
and no more.
II. And be it further enacted, that it shall and may be lawful for such
justice of the peace or governor or deputy governor respectively at any time
within one calendar month after such notice given as aforesaid to tender
amends to the paxty complaining, or to his or her agent or attorney, and in
case the same is not accepted, to plead such tender in bar to any action to be
brought against him grounded on such. writ or process, together with the plea
of not guilty, and any other plea with the leave of the court ; and if upon issue
joined thereon the jury shall find the amends 'so tendered to have been
sufficient, then they shall give a verdict for the defendant ; and in such case
or in case the plaintiff shall become non-suit, or shall discontinue his or ho*
action, or in case ju^ement shall be given for such defendant or defendinis
upon demurrer, such justice or governor or deputy governor respectively shall
be entitled to the like costs as he would have been entitled unto in case he
had pleaded the general issue ordy ; and if upon issue so joined the jury shall
find that no amends were tendered, or that the same were not sufficient, and
also against the defendant or defendants on such other plea or pleas, then they
shall give a verdict for the plaintiff, and such damages as they shall thiok
proper, which he or she shall recover, together with his or her costs of suit
III. And be it further enacted, that no such plaintiff shall recover any
verdict against such justice or governor or deputy governor respectively in
any case where the action shall be grounded on any act of the defendant as
justice of the peace or governor or deputy governor, unless it is proved upon
the trial of such action that such notice was given as aforesaid ; but in de&ult
thereof, such justice or governor or deputy governor respectively shall recover a
verdict and costs as aforesaid.
IV. And be it further enacted, that in case such justice or governor or
deputy governor respectively shall neglect to tender any amends or shall have
tendered insufficient amends before the action brought, it shall and may be
lawfiil for him, by leave of the court where such action shall depend, at any
time before issue joined to pay into court such sum of money as he shall see
fit, whereupon such proceedings^ orders, and judgements shall be had, made, and
given in and by such court as in other jactions where the defendant is allowed
to pay money into court
V. And be it further enacted, that no evidence shall be permitted to be
given by the plaintiff on the trial of any such action as aforesaid of any cause
of action, except sudi as is contained in the notice hereby directed to be given.
VI. And be it further enacted, that from and after the said first day of August
no action shall be brought against any constable or other officer in Ireland, or
against any person or persons acting by his order.and in his aid, for any thing
done in obedience to any warrant under the hand or hand and seal of any
justice of the peace or governor or deputy governor of ^y county or place in
Ireland, until demand hath been made or left at the usual place of his abode
"'.'.
i.D. 1802-3.
43 George III. c. 143, 150.
341
by the party or parties intending to bring such action, or by his, her, or their
attorney or agent, in writing signed by the party demanding the same, of the
pernaal and copy of such warrant, and the same hath been refused or neg-
lected for the space of six days afber such demand ; and in case, after such
demand and compliance therewith by shewing the said warrant to and per-
mitting a copy to be taken thereof by the party demanding the same, any
action shall be brought against such constable or other officer or against such
person or persons acting in his aid for any such cause as aforesaid, without
mddng the justice or justices or governors or deputy governors respectively
wbo signed or sealed the said warrant, defendant or defendants therein, on
producmg or proving such warrant at the trial of such action the jury shaU
pve their verdict for the defendant or defendants, notwithstanding any defect
of jurisdiction in such justice .or justices or governors or deputy governors
respectively ; and if such action be brought jointly against such justice or
justices or governors or deputy governors respectively, and also against such
60D8table or other officer or person acting in his or their aid as aforesaid, then
on proof of such warrant the jury shall find for such constable or other officer,
and for such person or persons so acting as aforesaid, notwithstanding such
defect of jurisdiction as aforesaid ; and if the verdict shall be given against
raA justice or justices or governors or deputy governors respectively, in such
case the plaintiff or plaintiffs shall recover his, her, or their costs against him
ttlbem, to be taxed in such maimer by the proper officer as to include such
CffiltiBsuch plaintiff or plaintiffs are liable to pay to such defendant or de-
fcndante for whom such verdict shall be found as aforesaid: Provided always,
tkrfaerethe plaintiff in any such action against any such justice of the peace or
^wenor or deputy governor respectively shall obtain a verdict, in case the judge
ie/bre whom the cause shall be tried shall in open court certify on the back of the
neordthat the injury for which such action was brought was wilfully and maliciously
oomitted, the plaintiff shall be entitled to have and receive double costs of suit.
[Rep^ 5 & 6 Vict. c. 97- s. 2.J
yil. Provided also, and be it enacted, that no action shall be brought
against any such justice of the peace or governor or deputy governor respec-
tively for any thing done in the execution of his office, or against any such
eonstable or other officer or person acting as aforesaid, unless commenced
within sis. calendar months after the act committed
mand for in-
spection, &c.
of the warrant
shaU have been
refosed for six
days.
If demand be
complied with,
the constable,
&c. shaU have
a verdict not-
withstanding
any defect of
jurisdiction in
the justice, &c.
Limitation of
actions.
CHAPTER CL.
An Act for consolidating certain of the Provisions contained in any Act or
Acts relating to the Duties under the Management of the Commissioners
for the Affairs of Taxes ; and for amending the said Acts so far as the
same relate to that Part of Qreat Britain called Scotland.
[11th August 1803.]
W/ HEREAS it is expedient that certain of the provisions and powers con-
' " tained in any Acts in relation to the duties on windows or lights, on
inhabited houses, on servants, carriages, horses, mules, and dogs, and other
duties transferred to the commissioners for the affia>irs of taxes, as far as the
same extend to that part of Great Britain called Scotland, should be reduced
into one Act of Parliament, and amended in the particulars herein mentioned :
Be it enacted by the King's most excellent Majesty, by and with the advice
and consent of the* lords spiritual and temporal, ancl compions^ in this present
342 43 George IIL c. 150. A.D. 1802-3.
Duties under Parliamont assembled, and by the authority of the same, that all duties now
meat'd'^ luider the management of the commissioners for the affairs of taxes, and also
commiBsioners ^}jg monies arising from an aid granted to his Majesty by a land lax by an
Scotland shall Act passed in the thirty-eighth year of the reign of his present Majesty, so fcr
^ !***^ as the same relate to Scotland, shall from and after the time herein-afuT men-
gulatioDs of tioned for the commencement of this Act he assessed, raised, levied, and p^d,
'■^ ■*■•=*■ under the regulations of this Act.
CommeDce- II. Aim be it further enacted, that this Act, vith respect to the duties before
ment of Act mentioQcd, shall commcnco and take effect from and after the tweut^-founh day ol'
as to existing jj^y ;„ ([,5 yg^ ^f qu^ j^g^^ one thousand eight hundred and four. TEep., Stat. Law
*"^- Eev. Act, 1S72.J
III. AkD whereas new or other duties may hereafter be placed nnder the
management of the said commissioners for the affairs of taxes to be tussessed
Commence- under the regulations of this Act : Be it further enacted, that this Act with
to other duties, respect to Buch duties shall be construed to commence and take effect from and
after the times respectively appointed by the Act or Acts granting such duties.
No person ei- IV. Akd be it further enacted, that no person, except the sheriff depute or
^P* tlie sheriff gubg^itute of any shire or stewartry in Scotland for the time being, shall be
shall act as a capable of acting as a commissioner in the execution of this Act or any n{ tho
underftiB Act ^^ -^^^ before mentioned, unless he shall be duly qualified or autaoiizedto
unless qualified act in Scotland in execution of the »bid Act passed in t^e thirty-eighth yoi
Lwid ^"^ Act* *^^ ^^^ reign of his present Majesty, intituled " An Act for granting an aid to
" his Majesty by a land tax to he raised in Great Britain, for the service of the
" year one thousand seven hundred and ninety-eight," nor unless he shall tiave
taken the oatbs herein-after mentioned pi ; and if any person shall from and
after the time appointed for the commencement of the regulations of tbLs Act
presume to act aa a commissioner in tiie execution of this Act or the said Act
or Acts before mentioned, or any of the powers or provisions therein contained,
without having taken the oaths hereby prescribed in the manner required by
this Actl'I, or without being qualified or authorized to act as before menticmed,
he shall forfeit the sum of one hundred pounds sterling.
a*'**** ••
CommisuoDeri VII. Amd be it further enacted, that in any matter or thing touching the
^d^ted^ ere g^ggu^j^Q ^f ^jjjg ^^ relating to the duties to be assessed under the regulations
under penalty . of this Act, in which any commissioner or commissioners shall be interesteJ,
cither for himself, or aa factor, ^ent, attorney, or solicitor for any othir
person, he shall have no voice, but shall withdraw until it shall liavc been
determined by the rest of tho commissioners ; and if any commissioner shall
presume to act in any of the cases before mentioned, lie shall forfeit the buui
of fifty pounds sterling.
Commissioners VIII. And be it further enacted, that such coumiissionera as shall be duly
nnaSy^on°or qualified to act in the execution of this Act, in order to the speedy execution
^^ore tfie 30th of any Act or Acts relating to the duties to be assessed under the regulations
of this Act, shall, within the respective shires, stewartries, cities, or boroui^h.-^
for which they severally are or shall be appointed to be commissioners, inett
together yearly at their most usual or common place of meeting aa cmouiis-
aioners of land tax within such shires, stewartries, cities, or boroughs re-
spectively, on or before the thirtieth day of April yearly, or on such other
J» Tbe proviaions of this Act as to the taking of oaths by the commififfloners luv
rep., Stat. Law Rev. Act, 1872.1
^.D. 1802-3.
43 George Illr c. 150.
343
stated day thereafter as conveniently can be done, and as shall be appointed
by their respective conveeners, not being later than the first "Wednesday of
July in eveiy year after the commencement of this Act, for charging and
(Bering the payments of the said duties to be made for the year current at
and on the said days ; and such commissioners, or so many of them as shall
be present at the said meeting to be holden every year as aforesaid, or the
major part of them, shall elect one fit and sufficient person to be their derk,
and one other fit and sufficient person, if the said commissioners shall deem
it neo^ssary, to be his assistant for the assessments to be made of the several
duties with which the fsaid commiiSsioners shall be charged within their
respective limits ; and such commissioners shall also at such their said meeting
direct their precept or precepts to such inhabitants of every parish within
their several shires, stewartries, cities, or boroughs, and such number of
them as the major part of the commissioners so met shall in their discretion
think most convenient to be assessors to the effect after mentioned, requiring
them to appear before the said commissioners at their said usual place of
meeting, on a day to be specified in the said precept or precepts, which shall
not exceed twenty-one days from the date of their precept ; and the clerk to
flie said commissioners shall cause such precepts to be delivered to the persons
9D named assessors personally, or left at their dwelling houses within the
S(iee of ten days ; and the said assessors shall, upon such day as shall be so
i^ted for that purpose within the time before fixed, personally appear
Wore the commissioners at their ordinary place of meeting ; and on the day so
tppointed the said commissioners shall again meet, and shall then openly read
orcHBeto be read unto the assessors appointed for each parish, required to
jppearas aforesaid, the several duties for which they are appointed assessors,
and openly declare the effect of their charge unto them, and how and in what
mamier they ought and should make their certificate and assessments of the
flaid several duties committed to their charge, and shall then and there appoint
another day within the time herein-after limited, for the said persons to appear
again before the said conmiissioners, and bring in their certificates of assess-
ment, in writing under their hands, to be verified upon their oaths or solemn
affirmations and not otherwise, of all the matters and things required of them,
without Qoncealment or favour; and the said assessors are hereby strictly
enjoined and required with all care and diligence to charge and assess them-
selves and all other persons chargeable with the said duties, and to make
the assessments according to the provisions of this Act and of the said Act
or Acts before mentioned, upon pain of forfeiture of any sum not exceedino^
twenty pounds, nor less than five pounds sterling ; and the said commissioners
shall have power to appoint the subsequent diets and their conveeners from
time to time, subject to the provisions of this Act
Coiimii88ioner&
present to elect
a clerk, and if
necessary an
assistant ;
andtoissaepr^
cepts to persons
fit to be asses-
sors, who are
to appear within
twenty-one
days.
Assessors to
charge all per-
sons liable to
the duties, &c.,
under a penalty
not exceeding
20/., nor less
than 5/«
X. Anb be it further enacted, that every person appointed or to be ap-
pointed an assessor as aforesaid shall at the time of his appointment and he
is hereby required 'to take the oath, or, being one of the people called Quakers,
to make and subscribe the solemn affirmation before the commissioners for
executing this Act then present, in the form set forth in the schedule to this
Act annexed marked (B), for his due and faithful administration of his said
office ; and if he presumes to act as assessor as aforesaid without taking such
Oath to be
taken by as-
sessor's.
1
l>
itf
L'
i
' 344 . 43 George. III. & 150. A.D. 1802-3.
p
oath or making such affirmation, he shall forfeit for every such offence the
siun of fifty pounds sterling.
[ AaaeBBotB to XI. And be it further enacted, that in all cases the assessors so to be
a^^onOT*" appointed as aforesaid shall make and deliver in writing their certificates of
before the first assessments for one whole year of all the duties given to them in charge as
I Arairty^ly aforesaid to the respective commissioners on or before the fij^t Wednesday
f &c. of August in every year, if they shall have appointed a meeting for that
i' purpose within that time, and two or more of them shall attend such meeting ;
and in default of appointment of such meeting or attendance thereat hj two
or more commissioners, the derk to such commissioners shall present the same
I to the sheriff depute or substitute in the shire or stewartry, and to the chief
magistrate of any city or borough where such default shall happen, and also
to the conveener of such commissioners in every such shire, stewartry, city, or
borough, who respectively or any two of them in their respective jurisdictions,
I* as soon as conveniently can be done, shall set their hands to the said re-
spective assessments, testifying their allowance of the same, and the derk to
such commissioners shall then deliver to such person or persons, as they shall
have appointed collector or collectors, a copy of such assessment allowed and
duly signed as aforesaid ; and the said collector or collectors is and are hereby
enjoined and required, within the space of six days after delivery to him or
them as aforesaid of the copy of the said assessment for the shire, stewartry,
city, or borough for which he or they qhall have been nominated collector or
collectors, to deliver to some one of the assessors of each parish within such
shire, stewartry, city, or borough a copy under his hand of the said assessment
for such parish, with an order thereon for such assessors delivering a note of
t the sum charged to the parties charged therewith, either personally or«at the
r places of their last abode, or on the premisses charged with the assessment,
^ ' as the case may require ; and the assessors to whom such copy and order shall
fe*' be delivered shall within fourteen days after receipt thereof make notification
K^ as aforesaid thereupon, and return the said copy and order to the collector,
L. * and from whom he received the same, with a certificate upon oath before one
r . of the commissioners aforesaid, that he did notify the same in the manner
r- prescribed by this Act
» CoUectors to XII. And be it further enacted, that the respective collectors of the said duties to be
f give security, appointed for the several shires, stewartries, cities, or boroughs shall, at or soon after
i the time of their appointment, and before they act in the execution of their duty as
^ such collectors or receive any money on the said duties, enter into bond to his Majesty,
[' with such good and sufficient caution as the barons of the Exchequer in. Scotland shall
^ require, binding him or them and his or their sureties conjunctly and severally for his
V - and their due and faithful performance in every respect of all the duties of a collector,
t 'and for duly paying to the receiver general for Scotland at Edinburgh, or his deputy
I or deputies, at such times after the receipt thereof as the said barons shall direct to bB
t inserted in the bond, all such sums of money as shall from time to time be collected by
^ or paid to them for or on account of the said duties, under a penalty of two hundred
I pounds sterling, over and above performance ; in which bond it shall also be a condition
^- that the collector or collectors therein named shall, quarterly, on the fiilh day of
January, fifth day of April, fifth day of July, and tenth day of October, or oftener if
^ required by the said barons, deliver unto the King's remembrancer, or his deputy in
Exchequer, a true and exact statement, certified upon oath before the sheriff depute or
'( steward of the shire or stewartry or his substitute, or before the chief magistrate of the
I city or borough of which he or they is or are collector or collectors, of the sums arising
f. from the said duties received by him or them for the quarter for which the statement
'f-- is given in, and of t)ie sum paid to the receiver generali and the precise sum on account
AD. 1802-3.
43 George III. c. 150.
343
of the said duties in the hands of the said collector or collectors ; and which bond the
Bug's remembrancer, or his deputy in the Court of Exchequer in Scotland, is hereby
aothorized and required to take, the sureties being approved of as aforesaid ; and such
bood shall not be subject to any stamp duty whatever. JRep., Stat. Law Rev. Act,
1872.1
XIV. And be it further enacted, that if any assessor or collector to be
appointed as aforesaid shall wilfully neglect or refuse to take upon himself the
offiee of an assessor or collector to which he shall be appointed, or shall wiljRilly
Mglect or refuse to perform His duty in the due and speedy execution of this
Ad or of any Act or Acts granting duties to be assessed under the regula-
Una oi this Act, any two of such commissioners, or the sheriff depute or
sabstitnte of the shire or stewartay, or chief magistrate of the city or borough
may and shall by virtue of this Act impose on such person or persons so
re&sing or neglecting, for every such offence, a fine not exceeding twenty
potmds nor less than ten pounds sterling.
XV. Provided always, and be it further enacted, that no commissioner,
ehaiff or depute sheriff, assessor or collector, who shall be employed in the
exfication of any such Act or Acts herein mentioned or of this Act, shall be
Bable, for or by reason of such execution, to any penalty or penalties other
ftui as by this Act or the said Act or Acts are or may be infiicted.
XVI. And be it further enacted, that -.it shall be
Will ix) and for his Majesty, his heirs and successors, or the lords commis-
aawDof the Treasury, or any three or more of them, now or for the time
Wnjor the high treasurer for the time being, from time to time to constitute
acl person or persons as his Majesty, his heirs and successors, or the said
eBfflmiarioners of the Treasury, or the high treasurer for the time being shall
4ink proper, to be officers for the survey and inspection of the duties under
4e management of the commissioners for the affairs of taxes within that part
of Great Britain as aforesaid, for doing and executing all things belonging
to the oflSoe of inspector or surveyor, according to the powers vested in them
by this Act or by any other Act or Acts for granting the said duties to be
assessed under the regulations of this Act or any of them.
IVII. And be it further endcted, that every such surveyor or surveyors,
bspecioT or inspectors shall twice in every year, to wit, between the first day
of September and the first day of October following, and between the first day
d Mkrch and the first day of April following, yearly, and at no other times,
]odge a note in writing with the clerk to the said commissioners of all such
inrcharges as, upon supervising the assessments, or on examination of the
returns of the parties, they may lawfully make ; and thereupon shall give or
eanse to be given to every person so surcharged, or leave or cause to be left at
his or her last or usual place of abode in the shire, stewartry, city, or borough
where such surcharge shall be made, a note in writing bearing the amount
for which he or she shall be charged by virtue of such certificate above the
amount in the assessment
XV III. And be it further enacted, that if any surveyor or surveyors,
inspector or inspectors shall omit to make a surcharge on or before the first
day of October in any year, it shall be lawful for the surveyor or surveyors,
inspector or inspectors to make such surcharges on or before the first day of
April following for the whole year.
Penalty on as-
sessors and col-
lectors neglect-
ing to act.
CommissioDerSj
assessors, and
collectors not
to be liable to
farther penal-
ties than those
specified.
Appointment
of surveyors
or inspectors.
Surcharges to
be made twice
in the year.
Notice thereof
to be given to
the parties
surcharged.
Surcharges
omitted for
the first half
year may be
made for the
whole year.
346 43 Geobgb III. c 150. A.D. 1802-3.
Pennlty on XIX And be it further enacted, that if any surveyor or inspector shall
vexatious or knowingly or wilfully, through favoui', underrate or omit to charge any
corrupt piu* person or persona, or shall be guilty of any corrupt, vexatious, or illegal
practices in the execution of his office, such surveyor or inapector shall for
every such offence forfeit the sum of one hundred pounds, and on conviddon
shall be dischai^ed from his said employment
Persons over- XX. AND be it further enacted, that if any person shall think himself,
app^f^o^Ao herself, or themselves respectively overcharged or overrated by any assessment
.or surcharge to be made by virtue or in pursuance of any Act or Acts before
mentioned, it shall be lawful for him, her, or them respectivolj' to appeal to
tiie commissioners for putting in execution the said Act or Acts in relation to
such assessment and this Act, on delivering to the collector (if the duties at
his office and to the surveyor of the district or inspector, within fifteen days
after the note in writing of his charge being delivered to him or her or left at
his or her house or place of abode by the assessor or aaaessors, by him or
herself or some other person acting on his or her behalf, a note in writing uf
such intention to appeal, containing the wrong or grievance of which such person
complains ; and the said commissioners shall ajid they are hereby required to
hear and determine all such appeals ; except where it shall appear to the sai'l
commissioners that the person appealing shall have omitted to notify the same
aa aforesaid to the proper officer, then and in such case such appeal shall 1«
held to be fallen from, and it shall be lawful for the said commissioners, and
they are hereby required to dismiss the same, and to confirm the assessment
or surcharge complained of ; and eveiy such collector is hereby required to
make an entry in a book to be kept by him for that pur[)ose of all such notices
given to him from time to time, and to lay them before the said commissioners
at their first meeting, or deliver the same to their clerk; and every sueli
collector is also hereby required, upon demand made for that purpose by tlie
assessors or surveyors, to give them inspection and leave to take a copy of all
such notices of appeals, that they may attend the meeting of tiie said commis-
sioners prepared to answer the same, in support of their charge or surcharge.
No aMeBsmeDt XXI, PROVIDED always, and be it further enacted, that no assessracnt mndc
to be altered ^ pursuance of this Act by the assessor or assessors, or in theii- default by the
charge or on inspectors Or surveyors, shall be altered by commissioners or any others before
mcertli^^w the time of bearing and determining appeals, and then only upon a surehnrge
or surcharges, or upon the commissioners hearing the matter of appeal par-
ticularly relating thereto, upon a general appeal day duly appointed, save am!
except in such cases only where such commissioners are specially authorized I*
alter or ratify any such assessment by the Act or Acts before mentioned ; and
if ajiy clerk to such commissioners or any other person or persons shall alter
or cause or procure or suffer to be altered any assessment aftei- the sivme slifJ'
have been delivered as aforesaid, except in the cases expressly ailowi-d s.-^
aforesaid, or in cases of appeal, and by order of the said coram iysiuners fir any
three or more of them made after appeal as aforesaid, every such clerk or
other person shall forfeit and pay the sum of fifty pounds sterling.
Parrt to insiat XXII. And be it flirther enacted, that in case the party giving such notice
™ ™ "T^ ^^ appeal or complaint shall neglect to insist therein before the said eommis-
mecting for sioncrs at their next general meeting for discussing of appeals to bo held half-
^>peals. yearly in manner herein mentioned, then and in that case such complaint o
10 neiii iiaJi- i
omplaint or J
A.D. 1803-3.
43 Qeorge hi. c 150.
347
appeal shall be held to be fallen from, and the charge and assessment therein
referred to shall stand in full force.
XXIII. And be it further enacted, that the said commissioners or any
two of them shall not upon hearing any such appeal make an abatement or
de&kation in the charge made upon any person by assessment or by the
surcharge of any assessor or assessors, surveyor or surveyors, inspector or
inspectors as aforesaid, but the charge or surcharge shall stand good and
remain part of the annual assessment, imless it shall, upon hearing such appeal,
appear to the commissioners then present or the major part of them; by
examination of the appellant upon oath or affirmation, or other lawful evidence
to be produced by him or her, that such person is overrated in or by such
aaaessment or surcharge, and unless the appellant shall produce before the said
eommissioners a true, perfect, and complete list, account, declaration, or return
IS shall or may be required by the Act or Acts before mentioned, and verify
the same upon his or her oath or affirmation ; and such surveyor, inspector,
and assessor may then and there attend to give his or their reasons in support
of the said assessment or surcharge, and may, if he or they think proper,
produce any lawful evidence in support of the same; and such surveyor,
inspector, and assessor shall have full power and free liberty to be present
during all the time of hearing such respective appeals and of the said commis-
oooers determining the same : Provided always, if it shall appear upon such
Vfi/d from the enquiry made by the said commissioners that the person so
teea&ed or surcharged is or ought to be charged to any amount beyond the
affiooBt contained in such assessment or surcharge, it shall be lawful for the
ai(f commissioners to charge such person to the matter or thing or amount of
tie sum omitted, in like manner and at the like rate as they might have done
if a full, true, and perfect assessment had been made in the first instance, or if
McL person had been surcharged to the full amount : Provided also, that no
• idvocate, solicitor, attorney, or procurator, or any person practising the law
shall be allowed to plead before the said commissioners on such appeal for the
appellant or officers, either viva voce or by writing.
XXIV. And be it further enacted, that the clerk of such commissioners shall
and is hereby required to give such collectors and surveyors as aforesaid notice
at what time or times within the periods herein limited, and at what place
or places the appeals of any person or persons who shall think themselves
aggrieved as aforesaid are appointed to be heard and determined ; and every
such collector is also hereby required within ten days after such notice from
the clerk to the said commissioners to cause notification thereof to be given
to the assessor or assessors of every parish within the shire, stewartry, city, or
horough of the time and place so appointed by such commissioners for hear-
ing and determining appeals as aforesaid, that aU persons who shall think
themselves aggrieved as aforesaid may apply to such assessors, and from
them acquaint themselves when and where to make their appeal to the said
commissioners.
XXV. And be it further enacted, that such appeals as shall be made to such com-
nussioners, and of which notice shall have been given to the assessor, surveyor, or
iMpector as aforesaid, between the first day of September and the first day of October,
yearly, shall be heard and determined by the said commissioners upon such days as
shall be by them appointed for the hearing of such appeals, between the twentieth
day of October and the twentieth day of November foUowiug, and that all such other
No abatement
to be made on
appeal, bat on
proof of an
OYercfaaige.
Surveyor, &c.
may attend the
appeal, &c
Amounts
omitted may
be charged on
the appeal.
No advocate,
&c. to plead on
an appeal.
Notice to be
given of days
of appeal.
Appeals to be
heard within
limited periods.
348
43 George IIL c. 150.
A.D. 1802-3.
■ »
Appeals to be
find.
In cafic com-
missioners
do not meet at
the times pre-
scribed, they
may meet and
exeoute their
powers at other
^es.
If assesiiors are
not appointed,
or neglect their
duty, the sur-
veyors may
charge the
duties, after
lodmng a com-
plaint against
the assessors.
appeals as shall be made to the said commissioners, and of which like notice shall have
been given between the first day of March and the first day of April following, shall
be heard and determined by such commissioners upon such other days as shall be
appointed by them for the hearing thereof, between the twentieth day of April and
the tenth day of May following, yearly {Rep., Stat. Law Rev. Act, 1872.} ; . • « .
• • • • •
XXVI. And be it further enacted, that all such appeals once heard and
determined by the said commissioners or the major part of them present on
the day or days by them appointed for hearing appeals shall be final ; and
neither the determination of the commissioners nor the assessment then and
there made thereupon shall be altered on any pretence whatever at any sub-
sequent meeting, or at any other time or place, except always in such cases where
the opinion of one of the lords of the Court of Session or of the barons of the Court of
Exchequer in Scotland shall have been obtained, according to the provisions of any Act
or Acts concerning the same, requiring alteration in such assessment. {Rep., Stat. Law
Rev. Act, 1872.J
XXVII. Provided always, and be it further enacted, that if at any time
there shall not have been any meeting or meetings of the said commissioners,
and a due execution of any of the powers hereby created, within or at the
time or times or according to the manner or circumstances directed or pre-
scribed in and by this Act, it shall bo lawful for any of the persons appointed
commissioners, and they are hereby required, in all and ever}' the said shires,
stewartries, cities, and boroughs respectively wherein such default shall have
happened, to meet and execute the said powers at any other time or times,
anything herein contained to the contrary notwithstanding ; and they are hereby
authorized and required forthwith, or as soon as may be after the time or
times at which such meetings should have been held and such powers should
have been executed according to the directions of this Act, to meet and execute
the same, or cause the same to be executed, so that all the duties by law pay-
able on assessment be duly and effectually charged, raised, levied, collected,
and paid to his Majesty, his heirs and successors ; and all such meetings and
acts of the said commissioners shall be deemed and are hereby declared to be
good and valid to all intents and purposes, notwithstanding any such omission
or defect.
XXVIII. And be it further enacted, that if such conmiissioners shall neglect
to appoint assessors as directed by this Act, or in case the assessors by them
appointed shall neglect to bring in the certificates required by them; that then
and in every such ca.se it shall be lawful to and for the surveyor or surveyors
appointed as herein mentioned, first lodging a complaint thereof before the
sheriff or sheriff depute or substitute for the shire or stewartry or before the
chief magistrate of the city or borough where the default shall happen, to
assess and charge the respective parishes wherein such default shall have hap-
pened, and to make certificates in writing under their respective hands of the
several duties charged by this Act or by any other Act or Acts herein men-
tioned, in like form and manner as assessors are required to make their certi-
ficates of assessment, and to return such certificates to the conveener of such
shire or stewartry for his allowance ; and the same being allowed under his
hand shall be delivered to the clerk of the commissioners by whom the certi-
ficate (if made by assessors) ought to have been allowed, who shall cause a copy
thereof to be delivered to the collectors appointed within such respective
shires, stewartries, cities, and boroughs respectively ; and the collectors to whom
LD. 1802-3.
43 George III. c 150.
349
the same shall be delivered shall have the same power to collect, receive, and
recover the said duties as such collectors would have had in case the said
assessments had been allowed by the said commissioners as aforesaid : Pro-
vided, that every such collector as aforesaid shall leave a note in writing to
cvay person charged in such certificate of the charge made upon him or her
by the surveyor, in like manner as is before directed in cases of assessments
made by assessors.
XXIX. And be it further enacted, that it shall be lawful for the sheriff or
sheriff depute or substitute or chief magistrate aforesaid, with whom such
oompl^t shall be lodged as aforesaid against any assessor or assessors for
lu^leet as aforesaid, to proceed to hear and determine the same, and to levy
the penalty hereby inflicted for any such neglect, in like manner and under
the like powers as are hereby given to commissioners ; in all which cases the
penalty so levied shall be to the use of the sui'veyor who shall have executed
the duty of such assessor or assessors.
XXX. And be it further enacted, that in case any person or persons shall
not pay the several .sum or sums charged upon him, her, or them by any Act
or Acts herein mentioned, according to the directions contained in such Act or
Ads or in this Act, it shall be lawful to and for any two of the commissioners
i&»resaid for any shire, stewartry, city, or borough, or for the sheriff depute
or sabstitute for such shire or stewartry, and the conveener of the county,
indihey are hereby required respectively (under the penalty of ten pounds
8teffing), upon certificate made to them or either of them by the collector or
coDcekors that such duties are resting and not duly paid, to issue and grant a
vsiant or warrants under their hands for the said collectors recovering the
^ duties and the triple value thereof in consequence of nonpayment, by
poinding and distraining the goods and effects of any person or persons
isentioned in such certificate, and who shall not have paid the sums thereby
•asessed upon him, her, or them ; which warrants shall be executed by the
constables or sheriff-officers of the county, and the goods and effects so poinded
or distrained shall be valued and appraised by any two persons to be ap*
pointed by the sheriff-officer or constable, which two persons shall be obliged
to value the same under the penalty of forty shillings sterling for each neglect
(« refusal, and which valuation shall be made upon the ground or at the
house where the same were poinded and distrained, and diall be sold and
disposed of at the value by the officer or constable who does poind the same,
and the value to be applied in the first place to the satisfaction and payment
of the duties and triple.values owing by the person whose goods are so poinded,
snd in the second place to the payment for the trouble of the officer or con-
stable so poinding, at the rate of two shillings per pound of the duties and
triple values for which the goods shall be so poinded and distrained, unless the
owner from whom the same were poinded or distrained shall redeem the same
by payment of the appraised value within the space of four days after the
poindilig and valuation to the officer who poinded the same ; and in case any
surplus shall remain of the price or value after payment of the said duties and
triple values, and after payment of what is allowed to be retained by the
officer or constable in manner herein directed, such surplus shall be returned
to the owner from whom the goods were poinded or distrained ; and in case
no purchaser do appear at the said sale, that the said goods and effects so
Penalty on as-
sessors against
whom such
complaints
shall he lodged.
Duties unpaid
may he levied
hy poinding.
r
?
Li'
t 350 43 George III. c. 150. A.D, 1802-a
poinded and distrained shall be consigned and lodged in the hands of the
I sheriff depute of the county, or his substitute; and if not redeemed by the
I • owner within the space of four days after the consignment in the hands of the
s said sheriff depute or substitute, that the residue shall be rouped, sold, and
i; disposed of by order of the sheriff, in such manner and at such time and place
as he shall appoint, he always being liable to the payment of the duties and
triple values to the said collector, and in payment to the officer or constable
who shall have poinded and distrained the same, for their trouble and expence
as before stated, in case the value of the goods so sold shall amount to the
extent of the said duty and triple values and to the fees due to the officer or
constable, and shall be in the third place entitled to one shilling per pound of
the value of the goods so. disposed of, for his own pains and trouble, after
preference and allowance of the said duties and^ triple values and of what is
I appointed to be paid to the officer or constable for their trouble ; and that
there likewise shall be allowed to the officer or constable so poinding and
distraining the. expence of preserving the said goods and effects, and of
maintaining the cattle, if there should happen to be any among the goods and
effects so poinded and distrained, during the four days allowed to the owner
to redeem them, and also the expence of the sale; and in like manner the
the expence shall be allowed to the sheriff for preserving and maintaining the
goods or cattle poinded and distrained during the four days that the owner is
allowed to redeem after consignment in his hands, and also the expence of the
sale ; and where no goods or effects sufficient for payment of the said duties
and triple values can be found to be so poinded and distrained, and the person
liable shall neglect or refuse to pay the same, in every such case any one of
the commissioners aforesaid, or the sheriff depute or substitute, or conveener of
the county shall be and is hereby authorised and required under his hand to
commit such person to the common gaol, there to be kept without bail until
payment shall be made.
XXXI. And whereas it may frequently happen, that persons quitting thdr
dwelling houses or places of residence may remove to other parishes or places
without first discharging or paying the duties charged upon him, her, or them,
k \ whereby the said duties made payable by this Act will be lost, unless such
person or persons so removing can after such removal be compelled to pay the
Duties how re- same : Be it further enacted, that in every case of such removal to any place
^e persons ^ Scotland, the surveyor or inspector or collector, actiog by virtue of this
charged re- Act, of the shire, stewartry, city or borough, where such duties are charged
I ^\aeeto Mother ^P^^ *"^^ unpaid by the person or persons removing, as aforesaid, shall sign
i in Scotland. and cause to be transmitted a certificate thereof to the surveyoi*or inspector
f or collector acting for the shire, stewartry, city, or borough where the person
^ or persons making such default of payment shall happen to reside ; and any
surveyor or inspector or collector to whom such certificate is delivered shall
I - and he is hereby empowered by virtue of such certificate to raise and levy
[ ' the said duties charged upon the party or parties removed as aforesaid -in such
I', manner and by the like means and methods as any of the like duties are
r directed to be levied or recovered by this Act, and cause the monies so laifled
t and levied to be paid to the collector of the shire, stewartry, city, or borough
[ fix)m whence the said person or persons did remove, so as the same may be
i' paid and applied according to the true intent and meaning of this Act
i .
Ir
I'-
\
^
I
AJ). 1802-3.
43 George III. c. 150.
351
TTYTT. And be it further enacted, that if any person charged with the
said duties in Scotland shall remove from thence into any other part of Great
Britain, it shall be lawful for the commissioners acting as aforesaid in the
shire, stewartiy, city, or borough where such duties are chax'ged and unpaid
hy the person removing as aforesaid, to sign and cause to be transmitted, by
the intervention of the commissioners for the affairs of taxes, such certificate as
aforesaid to the commissioners acting in the execution of the land tax in
England, Wales, and Berwick-upon-Tweed, in the county, riding, city, borough,
dnque port, or place where the person making such default or payment shall
happen to reside ; which conmodssioners of land tax or any two or more of
them shall and they are hereby empowered by their warrant under hand and
seal to nuae and levy the said duties charged or appearing by such certificate,
and caose the monies so raised and levied to be paid to the receiver general
for Scotland in discharge of such assessment, of which intimation shall 1)0
given by such receiver general to the collector of the shire, stcwartry, city, or
barough in which such person was so charged, and credit shall ;be given for the
same in the books of the said collector or collectors.
XXXm. And be it farther enacted, that no moveable goods or eSedfi
vbatever belonging to any person or persons at the time of any of the said
iaties assessed under the regulations of this Act became in arrear shall Ik^
bUe to be taken by virtue of any arrestment^ poinding, seriuestratirm, or
fifigenoe whatever, or by virtue of any assignation on any account or imdAsnco
^terer, unless the party at whose instance the said diligence shall Vje umd
vto vhom such assignation shall be made shall, before the sale or remr/val
^«A goods or effects, pay or cause to be paid to ihe collector or coUeetofH
</tke said duties so due, all arrears of the said duties which shall be Axui at
tie time of arrestiiig, poinding, or seizing such goods or effects, or which
daQhe payable for the year in which such diligence shall be nmd, provi^l^^
tk duties shall not be claimed for more than one year ; and in eai^ the said
Aitiea flhaQ be claimed for more than one year, then the |iarty at whims
ivtanee such diligenoe shall have been ased, or to whr>m such siMiirnniufn
dan have been made, paying the aforesaid collector or collectors the nfffTH^iA
duties doe for one whole year, may proceed as he might have Affnc. if no
duties had been so claimed ; but in case of refusal to \Ay the said duties the
add ecJleebor or eolleeiors are hereby auth^/rized and requin^d to pc^nd arid
distrain sodi goods and effects notwitLstanding, ami %\\if ffi intimation iitf^t^^
to one or more ef the sadd commL%%ioners acting f^/r suefa ^Jire, '^^tewaatry, city,
vhoroagli, or to the sheriff depute or substitute or c^^Tiv*:f:ner ^/f the «»hire ^/r
stewartry, and obtaining his or tLfrir warrant for tliat p?jrpOn/;, which he arid
they is and mie hereby empowered to grant, to proeeerl to the nsdh f/f H'uch
goods or eflkcts aeecK^iing to thbi XfX, in ^yrder t^/ ofytain \^yui*^iX tA x\t^.
^'hok of die eaod d*iU€^ tog^xbi^ with tb^ rea^vna^^ie tf^Xi^ 9ay\ eJiar ;(^
sttendii^ sodi jraiding- di^trey=5- ar-d »ale; and everji' ^y^m e^>t/jr/#;vj>/rMrr,
sittiff depafee or snbstitme, and eoov€^x^T and tfJ^JHA/^t v/ d//;i>^ ^^aJJ (^
Jadfimnfied \ry virtoe of this Aft,
DuticR how
rooovoriitilc
when pomoiiM
ohargttd in
Hootlaiiil rf-
iiiovo to nny
other i>iirt of
Gruat Britain.
Wh«n duiu!«
ftr« in arrfsir^
no (('kkIh ubiill
virttMj iA tmy
1t%Ct\A ON XtHf'
nuffitoftht
HXm Arofeh
--'< •
tioaa^uA, Ujsa, m ^refj €a^ w}.^e u^h <r4.eetor f>^f^ v. U
apfrjcu^ M af:raakl ^iau £iJ rvr t^:^f.f^x Up j^y w<ir U^ U^ ^uLms^^
3S2
43 George III. c. 150.
A.D. IS08-3,
oollectora for
cept on proof
.of doe dili-
gence to the
tBtiBfaction of
the Court of
Exchequer.
Collecton
daiming any
deduction for
deficiencien
ahall lodge a
scbednle and
make oath at
receiver general at Edinburgh, or his deputy or deputiee, any such sum or sums
of money within such number of days after the same shall have been received
by him or them as shall be specified in the bonds entered into by such coUectcr
or collectors, the said bonds shall, upon acertificate by the receiver general or His
deputy or deputies of the sums due or unaccounted for, be put in suit against
Bueh colleetor or collectors, and his or their surety or sureties, or any of them,
for the recovery of the sums so due by them, or any of them, and of tbe
penalty or penalties in the said bonds over and above the sums so due, by
such .process for recovering payment of debts due to his Majesty as is con-
formable to the course and practice of the Court of Exchequer in Scotland
XXXYIII. And be it further enacted, that in settling the accounts of tJie
said collectors, no allowance shall he made for deSciencies occasioned by buik-
ruptcy, insolvency, or removal of persons liable in payment of the said duties,
unless it shall be proved to the satisfaction of tiie Court of Exchequer in
Scotland that the said collectors claiming the allowance have used I3;eii
utmost diligence to recover the said duties on or before the respective dap
appointed for making such payments, and that they could not collect lite
same by reason of such bankruptcy, insolvency, or removal : Provided always,
that upon such evidence being produced the Court of Exchequer shall be at
liberty to order credit to be given to the collector or coUectora in his or (tixi
accounts for the sums of money due by any person on account of the said
duties or any part thereof, which could not be recovered by such collector or
collectors for the causes aforesaid,
XSSIX, And be it further enacted, that every collector or collectors, who
shall claim any deduction on account of any such deficiency as afcnresud, by
reason of their not having been able to recover payment thereof, before they
shall obtain any order from the said barons of Exchequer for the receiver
general, his deputy or deputies giving credit to them for aJl or any of Uie
deficiencies claimed, shall have first lodged with the receiver g^ieral, his
deputy or deputies, a list or schedule containing the names, surnames, and
places of abode of every person for whose deficienqr he may claim to be
allowed by the barons to have credit in his account, and the particular suia
charged upon each person named in the schedule, and shall have made oath,
or, being one of the people called Quakers, shall have made and subscribed a
solemn affirmation before any one of the said barons, or the sherifif depute or
substitute of the shire or stewartry of which he is coUector, that the sum for
which he so claims to have credit is due and wholly unpaid, and that neithtr
he nor any person for him to the best of his knowledge and belief ban n-
ceived any part thereof, and that such person became insolvent or bankitJi'i
before the day on which the duties became payable, and had not goods and
effects sufficient whereon to raise and levy such duties within the shire, stew-
artry, city, or borough for which such collector shall have been appoiated
beibre the day on which such duties became payable, or that such person
removed from such shire, stewartry, city, or borough before the day on which
such duties became payable, without leaving therein suffiden goods and
effects whereon such duties could be raised and levied, and that there was not
nor are any goods or effects of any person or persons liable to the paym^ of
such duties in arrear or any part thereof, whereby the same could or mi^ be
raised and levied ; which oath or affirmation shall be subscribed by the uud
A.D. 1802-3.
43 George III. c. 150.
353
coDector, and the list or schedule shall be returned, by the receiver general, or
his deputy or deputies, into the Court of Exchequer, in order that every
person in the schedule may be charged by the ordinary diligence of the said
Court of Exchequer, used in like cases^j^and recovered as far as possible, and paid
to the receiver general, and by him to be paid into the receipt of Exchequer at
^Westminster ; and if any such collector shall neglect or refuse to make such
return, he shaU forfeit the sum of one hundred pounds sterling, and the sums
in such assessment remaining unpaid, for which the said collector or collectors
shall not have had allowance as aforesaid, shall be re-assessed on the shii'e
stevartry, city, or borough, according to the directions of any Act or Acts
before mentioned.
XL And be it further enacted, that in the event of the death of any col-
lector it shall be lawful for the heirs, executors, administrators, or represen-
tadres of such collector to settle the accounts of such deceased collector before
the barons of the said Court of Exchequer, and if in settling the said accounts
such heirs, executors, administrators, or representatives shall claim deduction
for the duties of any person or persons, or part thereof, by reason of the
deceased collector or any after collectors employed by them not having been
able to recover payment of the said duties or part thereof from any person or
persons, on account of their bankruptcy or insolvency, or other causes, they
khall only be allowed such deductions as the Court of Exchequer, upon
bearing the facts and evidence produced, shall think reasonable, having in
view the principles and rules herein prescribed with regard to deductions
daimed by collectors in settling their accounts, as far as that can be done in
jii4Jce in settling the accounts of a deceased collector.
ILL And be it further enacted, that the respective commissioners aforesaid
«iall cause two duplicates of every assessment to be made out on parchment
fcj their clerk, within one month at the farthest after the tenth day of April
after making the said assessment, yearly, and one of them to be delivered to
tbe receiver general, and the other of them transmitted into the office of King's
I'emembrancer in the Exchequer in Scotland, foi' which duplicate the proper
officer shall give acquittances gratis, so as they may be duly charged to answer
their respective collections and receipts ; and every such duplicate shall con-
tain the name and surnames of the several assessors and collectors for every
shire, stewartry, city, or borough, and for every parish within the same ; and
if any clerk to such commissioners shall neglect or refuse to make out and
deliver such duplicates as aforesaid within the time and in manner herein-
before directed, or shall make any false entry, or omit any sum or sums in
such duplicates, every such clerk shall forfeit and pay the sum of one hun-
dred pounds sterling, and on conviction thereof shall be discharged from his
said office.
XLII. And be it further enacted, that all monies of the duties herein men-
tioned, to be assessed under the regulations of this Act, shall, at such times as
shall be appointed for the payment therepf, be paid by the particular collectors
who shall collect the same unto the receiver general now or for the time being
appointed by his Majesty, his heirs or successors, or by the high treasurer for
the time being, or the commissioners of the Treasury for the time being or
any three or more of them, to receive the same, or unto the deputy or deputies
of such receiver general, to be appointed under his hand and seal, and whom
VOL, IV. z
Settlement of
accounts of
deceased col-
lectors.
Duplicates of
assessmenta to
be made out
-within a limited
time.
Duties to be
pail to the
receiver gene-
ral or his
deputies.
354
43 George III. c. 160.
I*-
A.D. 1802-3.
if<
'■'ik.
fe*v
6**
4:
i
r
Penalty on col-
lectors gather-
in? the duties b J
a laLse rate, &c.
Collectors fail-
ing to make
payment of
duties may be
sued by pro-
cess in the
Court of Ex-
chequer.
Receirer gene-
r.
\
ral to pay the
^
monies re-
t
ceived by him
F
into the Ex-
chequer at
L
Westminster
P ■
within the
1 ■■
tipies limited ;
i
i .•
1-
he is hereby authorized to appoint, and for whom he shall be answerable,
whereof notice shall be given by the receiver general imto the commissioners
within their respective shires or stewartries within twenty days after the
first meeting, yearly, and so from time to time within twenty days after the
death or removal of such deputy, whenever any such shall happen y and
the said receiver general, his deputy or deputies shall give receipts gratis to
the said collectors for all monies by them received in pursuance of such Act
or Acts ; and the receipt of the receiver general, his deputy or deputies, or any
of them, shall be a sufficient discharge unto every such collector.
XLIII. And be it further enacted, that no collector or collectors of any of
the duties herein mentioned shall collect or receive the same by any rate or
book other than such rate and book as shall be signed and allowed as afore-
said ; and that in case any such collector or collectors shall collect or. receive
the same by any other rate or book, or shall receive such duties from any
person or persons not charged therewith, or shall collect or receive from any
person or persons more money than is actually charged in such rate or book,
and not pay the whole money by him collected, or fraudulently alter any
such rate or book after the same hath been signed and allowed as aforesaid,
every such collector or collectors shall for every such offence forfeit the sum of
one hundred poimds.
XLIV. And be it further enacted, that if any collector or collectors to be
appointed as aforesaid shall fail or neglect to pay over the several duties col-
lected by him or them to the receiver general at Edinburgh, or his deputy or
deputies, within the time specified in the bond of caution entered into by the
said collector as aforesaid, then and in such case the said receiver general and
his deputy or deputies may present the said bond, or an extract thereof, to one
or more of the barons of the Court of Exchequer in Scotland, with a petition
staling the sum due and not accounted for by such collector or collectors, and
praying for a horning or other competent and legal process of court upon such
bond, and making oath that the ' sum stated in the petition is due and not
accounted for ; and the baron or barons to whom such petition shall be pre-
sented may thereupon order a homing or other competent and legal process of
court to issue, and which process of court may be proceeded in by arrestment,
poinding, denunciation, caption, imprisonment, or otherwise, for recovering
from such collector or collectors, and his or their surety or sureties, the sums
due by them, imd for the penalty in such bond over and above the sums so
due -as aforesaid ; on the receiver general, or his deputy or deputies, upon
making oath to the sums due and unaccounted for, shall be at liberty to pro-
ceed to the recovering the payment thereof, and the penalty in the bond, by
any process for recovering payment of debts due to his Majesty according to
the course of Exchequer in Scotland.
XLVI. And be it further enacted, that the receiver general, his deputy or
deputies shall within the respective terms appointed /or payment of the same
remit and pay the monies received by hini or them on account of the said
duties into the receipt of his Majesty's Exchequer at Westminster, excepting
such sum as shall be judged necessary by the barons of the Court of Exche-
quer in Scotland and as the lords commissioners of the Treasury or the lord
high treasurer for the time being shall aUow to be retained by such receiva*
JLD. 1802^3.
43 George III. c. 150.
355
gmend for answering demands for the publick service ; and the said receiver
general or his deputy or deputies shall and they are hereby required and
directed to lodge in the King's remembrancer's office in the Court .of Exche-
qoer in Scotland for the information of the barons there, as soon after re-
mitting the money to be paid into the receipt of Exchequer within the time
before mentioned as conveniently can be done, an account or statement,
attested on oath, of the money by him or them received, remitted, or retained
fer the pnblick service, as it stood upon the last day of the forty days within
vhich tiie said receiver general, his deputy or deputies are hereby directed to
remit the money to be paid into the receipt of Exchequer at Westminster
afores&id ; and the said receiver general, his deputy or deputies shaU and they
are'hereby required to answer all questions that may be put by the barons, or
iny one of them, concerning the particulars of the said account
XLVII. And be it furtiier enacted, that after the said receiver general, his and aftenrardB,
deputjr or deputies shall have remitted to the receipt of Exchequer at West- ^e thSi*'^
minster the monies received by him within the respective times before amonnt to the
Ilnuted, he or his deputy or deputies shall continue to remit and pay into sJJo/"™^^
the receipt of Exchequer the monies they may receive afterwards, whenever
the same shall amount to the sum of five thousand pounds over and above the *
^mn the said receiver general shall be allowed to retain to answer demands
ffir the publick service as before provided, and shall continue to do so until all
inties assessed for the year, except as aforesaid, are received and paid into the
wajt of Exchequer.
XETm. And be it further enacted, that the said receiver general, his Receiver gene-
iprtf or deputies, ,when required by the said barons of Exchequer, shall, for statement of*^
^ information, prepare and lodge in the King's remembntncer's office in accounts and
Scotland an account or statement of the monies received on account of the required by the
aid duties since the last accoimt or accounts thereof were settled and passed, ^'^'°* ®^*^®
skewing the balances due by the different shires, stewartries, cities, or
k/ronghs at the time when the account or statement is made up ; and he and
they is and are hereby required also to answer ahy qf the questions put by
*ny of the barons for explaining the said accounts, and to execute such direc-
tions as {hey may receive from the barons for reducing the values which may
^pear to be due by the different shires, stewartries, cities, or boroughs.
L. Provided always, and be it further enacted, that all constables and Constables, &c.
other his Majesty's officers shaD and are hereby required and enjoined to }ye {^e execu^™
fespectivdy aiding and assisting in the execution of this Act and of every ofthis Aet,&c,
Act or Acts before mentioned, and to obey and execute such precepts and
^^anants as shall be to them directed in that behalf by the respective
commissioners hereby appointed.
LI AifD be it further enacted, that if any person or persons shall at any Penalty on per-
lime hereafter wilfully obstruct any commissioner or commissioners, assessor w^offioCTT^
or afisedsofs, toUeetor or collectors, surveyor or surveyors, inspector or inspec-
tors, in the due execution of his or their said office or offices, duty or duties
respectivdy, such person or persons shall for every such offence forfeit the
sum of fifty pounds sterling.
LII. And be it further enacted, that the said surveyore and inspectf>m, and ^^S**^^^
all other officers and ])ersons who shall be employed in the execution of this the lords of the
2 2 Treasuiy.
356
43 George III. a 150.
A.D. 1802-3,
r
r
K
l
i
r
« .
I
5-
^
ti
4 ^
I.
t
Application
and recovery
of penalties.
, Bccovery of
penalties in
the name of
the lord advo-
cate, except
where other-
wise directed.
Becovery of
penalties not
exceeding 20/.,
except where
othernvise
directed.
Act or any Act or Acts granting duties to be assessed under the regulations
of this Act, shall observe and follow such orders, instructions, and directions,
as they shall from time to time ^receive from the said conmii&sioners of the
Treasury, or any three or more of them now or for the time being, or the high
treasurer for the time being,
Lin, And bo it further enacted,- that one moiety of all pecuniary penalties or
forfeitures imposed by this Act or any Act or Acts for granting duties to be assessed
und^r the regulations of this Act, except where other directions are or shall be pven,
may, if sued for in the space of twelve calendar months from the time of such penalties
being incurred, in manner herein next mentioned, be to his Majesty, his heirs and
successors, and the other moiety thereof, with full costs of suit, to the person or persons
who shall inform or sue for the same within the time aforesaid ; |ind such penalties may
be sued for in his Majesty's Court of Exchequer in Scotland, by any action competent
in that court JRep., Stat. Law Rev. Act, 18 72. J ;
LIV. Provided always, and be it further enacted, that every sudi penalty
or forfeiture, except as otherwise directed, shall be recoverable in the name of
his Majesty's advocate for Scotland, on the part of his Majesty, by informatioii
or any action competent in the said Court of Exchequer ;
LV. Provided always, and be it further enacted; that all such pecimiaiy
penalties not exceeding twenty pounds imposed by this Act or any Act or
Acts for granting duties to be assessed under the regulations of this Ajci,
except where other directions are given respecting the same as aforesaid, may
bo recoverable before the commissioners for executing this Act, or the sheritf
depute, or substitute, or any two or more of them, in the shire, stewartiy,
city, or borough where the offence shall be committed ; and such commis-
siojiers and others before mentioned shall take cognizance of such offl^ice upon
information or complaint in writing made to them, and upon a summons to
the party accused to appear before them at such time and place as they shaD
fix, or without such summons, in case the party or parties shall have been
surcharged before the said commissioners and shall have appealed against the
same and shall appear upon such appeal before the said commissioners ; and
such commissioners and others before mentioned before whom the complaint
shall be lodged shall examine into the matter of fact, and proceed to hear and
deteimine the same in a summaiy way, and jon proof made thereof, either by
voluntary confession of the party accused, or by oath or solemn afltenation
of one or more credible witness or witnesses, or otherwise as the case may
require, make or decree an adjudication for the penalty or for such part
thereof, to which part thereof the said commissioners, sheriff depute, or substi-
tute shall think proper to mitigate the same, not being in any case less than
one moiety of such penalties, and to assess the same upon the party, and
charge the same in the assessment to which the penalty adjudged shall par-
ticularly relate, and in addition to the duty, in case the party shall be charged
therewith ; and which penalties so adjudged shall be levied in like manner
as the said duties may be levied in manner before directed ;
. . . and the said decree and adjudication of the commissioners, sheriff
depute, or substitute shall be final and conclusive to aU intents and purposes,
without power of appealing from the same ; and the said decree shall not be
subject to reduction, nor removeable by advocation, suspension, or any process
whatever in any court of law or equity, or be subject to revision or appeal, except
JLD. 1802-3.
43 George III. a 150.
357
in »ich cases where a snrchar;^ shall be made, and a case shall be demanded and
suted for the opinion of one of the lords of tiie Court of Session, or of one of the barons
of the Court of Exchequer in Scotland, conformably to the directions contained in any
Act or Act< granting the dnties to which snch surcharge shall relate. {Rep^ Stat. Law
Rev. Act, 1872.}
LTI. Ain> be it further enacted, that aJl and every person or persons who shall
wilfully give &lse evidence, or make any false oath or affirmation or affidavit^
before the commissioners for executing of tbis or others bj this Act empowered
to administer the same, or any of them, touching any matter or thing witjiin
the intent and meaning of tbis Act, or any Act or Acts for granting duties to
be assessed under the lobulations of this Act, shall be proeecuted for the same ;
and such peison or persons being convicted thereof shall be subject and liable
to the same punishment and disqualifications as persons are subject and liable
to for wiUiil and corrupt perjury.
LTII. Aia> whereas many difficulties and inconveniencies have arisen to the
OHnmissioners for the time being acting in the execution of the several Acts
relatii^ to the duties herein mentioned to be levied by them as aforesaid, and
many like difficulties may arise to the commissioners for the time being acting
in the execution of this Act or the other Act or Acts for granting duties to be
assessed under the regulations of this Act, in levying the duties by the said
ids made payable, upon the death or removal of their respective clerks into
viiose custody the duplicates of the several books of assessment, minute books
Hid other books and papers relating to the business of the said several duties
intUr respective jurisdictions have been delivered, such clerks so removed
'^ tlie executors or administrators or legal representative of such derk so dying
^lently refusing to deliver over such duplicates, books, and papers to the
flii commissioners for the time being or to their order or appointment, under
'Jiretenoe that the said commissioners have no property in the same and are
vitboDt remedy for the recovery thereof: Be it therefore enacted, that all and
erery the duplicates of the several books of assessments which have been or
^aQ be made and delivered by the respective assessors of the said several duties
to the commissioners in any shire, stewartry, city, or borough, or to their re-
fpective clerks for the time being, and which are or shall be in the custody,
keeping, or possession of such clerks respectively, and all minute books and
either books and papers relating to the said several duties, in the custody, keep-
ing, or possession of any such clerk or clerks who hath or have been or shall
be removed from such office or offices, in the custody, keeping, or possession of
the executors, administrators, or other l^al representatives of any person or
{•erscdas who hath or have died or shall die during his or their holding such
«/ffice or offices or after his or their removal from the same, or in the cusUxly,
keeping, or possession of his or their agent or attorney or of any other person
or persons, shall be deemed and are hereby declared to be the property of
the c(»nmissioners of the said several duties acting in the respective shires,
stewartries, cities, or boroughs for the time being, and in succession, as records
bdonging to them the said commissioners for their use and inspection, and
hljall be placed and deposited with and remain in the custody, keeping, and
possession of them the said commissioners, or their respective clerks for the
time being, or such other person as the said commissioners or any two or more
of them for the time being shall from time to time at their meetings order,
«iirect, or appoint.
Persons giving
false eridence,
&«. before eom-
and eonrieted
thereof shaU
be liable to the
for perjmy.
Books and
papers rdatln?
to the dnties
shall be deemed
the property of
the commis-
■iooers in the
several shires,
&c. for the time
beiu^, and in
soecessioo.
43 George III. e. 161.
Kcltcditle {E.),'and upon mulea as dowrilicd in the Rchcdule to this Act aoibCeid
marked (F.), and upon all do^ of any of the descriptions mentioned in the scl'j.IuU:
to this Act Mmexed marked (G.), and upon all lioi-se dealers residing withia tie re-
spective limits described tin the schedule to this Act annexed marked (H.), and iip'in
all persons in respect of hair powder or any armorial bearings or ensigns, a.srcspe<ii\-i'ly
set forth in the schedules to this Act annexed marked (I.) and (K.),, the seveml ihitius
respectively inserted, deiicribed, and set forth in the said several schedule.'! inarkoil
(A.), (B.), (C), (D.), (E.). (F-). (G.). (H.). (!■). """i (K.) hereunto annexedj which
(icverai schedules, and the rules and exemptions thei'ein contained, shall be deemed and
construed a poj-t of this Act, as if the same were incorporated therewith under a.
special enactment. ■ JRep.) Stat. Law Rev. Act, 1872.]
The duties
footed by this
Act fbM he
levied under
ihe regulations
of the Acts of
the present ses-
sion as to Eng-
land otid Seal-
land respec-
43Geo.3.c.B9.
43Geo.3.c.lfiO.
Commissioners
of the tend tax
who shall be
i|ualifled and
have tolicn the
oaths' directed
liy the said Acts
Kballb
for
levied dhall b«
management
V. And be it further enacted, that all the several duties hereby granted in England,
Wales, and Berwick-upon-Tweed shall be assessed, niised, levied, and collected under
the regulations of au Act passed in the present session of Parliament, intituled " An Act
" for consolidating certain of the provisions contained in any Act or Acts relating to I lie
" duties under the management of the commissioners for the affairs of taxes, and for
" amending the same " ; and all the several duties hereby granted in Scotland sbnll lie
assessed, raised, levied, and collected under the regulations of any Act passed or to be
passed in tho present session of Parliament for consolidating certain of the provisions
contained in any Act or Acts relating to the duties under the management of tin-
commissioners for the affairs of taxes, and for amending the said Acts bo far iii^ tli..-
same relate to Scotland ; and all and every the powers, authorities, methods, riih'-^,
dirretions, pennlties, forfeitures, clauses, matters, and things contained in the said A'-is
shnL be sevprally and respectively duly observed, practised, and put in execiiiion
throughout the respective parts of Great Britain foresaid, as fully aud effectusUv, If
all intents and purposes, as if the same powers, authorities, methods, rules, directions.
penalties, forfeitures, clauses, matters, and things were particularly, repeated aiid re-
enacted in the body of this Act ; and all and every the reguhitions of the said Acw
shall bo respectively applied, construed, deemed, and taken to refer to (.his Act, «.« if
the same had been spe<aaUy enacted therein. Jttep., Stat. Law Rev. Act, I872.J
VI. And be it further enacted, that for the better execution of this Act, and for the
ordering, raising, collecting, levying, and paying of the several sums of money hc'i-eby
made payable, all and every the persons who now are or for the time being si mil l>e
commissioners for putting iu execution an Act passed in the thirty-eighth year of the
reign of his pesent Majesty, intituled "An Act for the granting an aid to hi8M8Jv--ty In-
" a land tax to be raised in Great Britain for the service of the year one thousand s Jv(.-ii
" hundred and ninety-eight," and who shall be respectively qualified or authorized to an,
and shall have taken the oaths as directed by the said respective Acts passed in ibf
present session of Parliament, shall respectively be commissioners for putting in
execution this Act and the powers therein contiuned, in all and every the respective
counties, ridings, cities, boroughs, cinque ports, towns, and places privileged or not
privileged within England, Wales, and Berwick -upon -Tweed, and in all and every the
shires, stewartries, cities, and boroughs in Scotland ; and the several sums of oioiiey «
levied shall be under the care and management of the commissioners for the af!bir>« of
taxes for the time being appointed or to he appointed by his Miyesty, his heirs »nd
IRep., Stat. Law Rev. Act, 1872.i
Asietsors and
coUeclOTs under
Acts of the
and collectors
of Ihe dnties
hereby granted.
and other offi-
the powers of
the sud Acts
with respect to
the duties here-
by granted.
VIII. And bo it further enacted, that tho assessors and collectors appointed hy the
said commissioners for any parish, ward, or place, in pursuance of the said recited Acts
respectively passed in the present session of Parliament, shall be the assessors and
collectors of tho several duties gi'anted by this Act ; and the said commiseionerw nhaU
cause notice to bo given to such persons that they respectively are appointed osscssora
and collectors of Ihe said duties hci-ehy granted ; and the several commissioti^-s, in-
spectors, surveyors, assessors, and collectors are hereby empowered to do and execute
all matters and things in relation to the duties by this Act granted, which they respec-
tively are empowered to do and execute in relation to the duties mentioned in the said
recited Acts respectively, and shall severally be subject and liable to the like penalties
for any neglect or omission in the performance of their duty, or any fraud or abuse in
executing the same, as are inflicted on such officers by tho said recited Acts respectively
for the like offences. JRep, Stat. Law Rev. Act, 1872.3
«2-5^A.D. 1802-3.
43 George III. c. 161.
3G1
IX. And be it farther enacted, that the several persons who, as inspectors or sur-
Teyors, are or may be authorized to act in execution of the said recited Acts respectively
psBsed in the present session of Parliament, shall respectively have the survey and
inspection of the duties by this Act made payable within the respective parts of Great
Britiun as aforesaid, and shall take accounts of the several dwelling houses therein, and
of the servants, carriages, horses, mules, and dogs kept by any person or persons what-
ever, and of the several persons liable to the other duties in this Act mentioned^ and of
the duties chargeable in respect thereof, and shall inspect and examine the assessments
or certificates thereof made and to be made from time to time in pursuance of this Act,
aad execute all things belonging to the same, according to the powers vested in them
bj this and the said recited Acts respectively •; provided that no inspector or surveyor,
now or hereafter to be appointed, shall act as a commissioner in any matter or thing
touching the execution of this Act. {Rep., Stat. Law Rev. Act, 1872. J
IX.^1 And be it further enacted, that every dwelling house, cottage, or
tenement of whatever description, occupied at the time of making the assess-
ment, shall be brought into charge in respect of the duties set forth in the
schedule marked (A.) by the respective assessors, and in their default by the
respective surveyors and inspectors herein mentioned, according to the number
of windows therein, subject to the powers of discharging the same as after
mentioned; and every dwelling house, cottage, or tenement, and other the
premises therewith occupied, and hereby charged, as set forth in schedule (B.),
being together of the annual rent of five pounds or upwards, shall also be
Ironght into charge in like manner, according to the full and just yearly rent
at which the same is really and bona fide worth to be let in respect of the
Wfis set forth in the said schedule marked (B.) ; and if any assessor or
asaesnrs shall omit in the assessment of the said duties set forth in schedule
(i) to charge the occupiers of any house, cottage, or tenement to the said
dnties according to the number of windows therein, or shall omit in the
Msessment of the said duties set forth in schedule (B.) to charge the occupier
of any house, cottage, or tenement which, with the premises therewith occu-
pied and charged by this Act, shall be of the annual value of five pounds or
upwards, to the said duties, according to the annual rent at which the same is
RJally and bona fide worth to be let, whether the occupier of any such house,
cottage, or tenement shall be entitled to be discharged from the same in
manner herein-after mentioned, or not, every such assessor shall for' each and
€very such neglect forfeit and pay any sum not exceeding twenty pounds nor
less than five pounds ; and where any such dwelling house or premises there-
vith occupied shall be situate within more parishes or places than one, then
soch dwelling house shall be charged to the said several duties as one entire
liouse, and the premises therewith occupied as belonging to such house, in such
of the said parishes or places as the surveyor or inspector for the said duties
or any part thereof shall deem most expedient, to be notified by the certificate
of such surveyor or inspector to the commissioners acting for either of such
parishes or places.
Inspectors and
surveyors
under the said
Acts io be in-
spectors and
surveyors
under this Act,
and to examine
assessments,
&c.
No inspector
or surveyor to
act as commis-
sioner.
Houses occu-
pied at the
time of making
the assessment
to be brought
into charge ac-
cording to the
number of
"windows, and
according to
the full yearly
rent at which
the same are
worth to be let.
Pemdty upon
the assessor
for neglect.
Houses situate
within more
parishes than
one to be
charged in
either parish, as
the surveyors
may think ex-
pedient.
IXV.*I And be it further enacted, that every house or tenement which shall Unoccupied
happen to be unoccupied at the time of making the assessment shall be inserted i^eJ^^n as-
as such in the assessment with the number of windows contained therein, and {Rep., cessment, and
Stat. Law Rev. Act, 1872.J the annual rent at which the same might be let, if cer%*wheii
{» Rep., so far as relates to schedule (A.), Stat. Law Rev. Act, 1 872. J
362 43 George III. c. 161. .A.I>. 18Q2>3.
ihey become the same shall amount to five pounds or upwards ; and the assessors, and in
occupied. their defa^ult the surveyors and inspectors^ shall cause th^ same to be certified
into occupation to the said commissioners, from the time of such house or tenement coming
shall give jjj^ ^Jjq occupation of any person or persons : and such person or persons
• notice on pain *■ •' '■ r ' r r
of forfeiting shall causc notice thereof to be given to such assessor, surveyor, or inspector
char^edf "^h "^^^^^ twenty days after his or their coming into the occupation of such
whole year ; housc Or tenement ; and every person neglecting so to do shall forfeit and pay
notice ^^hSi ^^® ^^^ ^^ ^^® pounds, and shall be lialDle moreover for such neglect to be
be charged charged to the said several duties inserted in the assessment for the whole
commSi^ement 7^^^ ^^ which such house or tenement became so occupied, but on giving sudi
of occupation, notice shall be chargeable only from the time of his or her coming into the
occupation of such house or tenement, according to the rates prescribed in
schedules (A.) and (B.), estimated on the remainder of such year, commencing
Houses be- from the end of the preceding quarter of the year ; and every house or tene-
oc^^after ^^^nt charged to the said duties, although the same shall within the year
assessment to become unoccupicd in the manner mentioned in schedule (A.) shall be charged
the%^oie yew-, *^ ^^® ^^ duties for the whole year on the former occupier, or the occupier
unless notice for the time being, as the case may require, unless notice in writing shall have
e giv n. "been given to the assessor for the place of such house or tenement becoming
Discretion of unoccupied ; and the commissioners for executing this Act are hereby em-
as to dis- powered, at their discretion, to discharge such assessment, or to direct the
charging the duties to be levied according to the directions of this Act, as to them shall
assessment. . ,
seem just
I XVL And for the better infoimation of the conunissioners appointed to
carry this Act into execution, and of the surveyors and persons to be appointed
assessors as aforesaid, and the better to enable them to perform their duty, be
Commissioners, it further enacted, that the said commissioners, or any two or more of them,
F w^re, jmd^as^ 2nd the said surveyors, inspectors, and assessors, or any one or more of them,
sessors may in- or any pcrsou or persons authorized by them or any of them, shall have liberty,
copies of i)ooks from time to time and at all seasonable times, to inspect and to take copies or
I ^ep* ^y parish extracts from any book or books kept by any parish officer or officers, or other
f ceming the person or persons, of or concerning the rates made for the relief of the poor,
tf ^^^ ^^^* ^^' or any other public taxes, rates, or assessments, or any contributions under
^ the management of the kirk sessions in the respective parts of Great Britain
aforesaid, in any place within the limits for which they shall be appointed;
Penalty on and if any person or persons in whose custody or power any of the said books
I ^gtTpennit' ^^^^ ^® ^^^^ refuse or neglect to permit the said inspection or the copies or
i. such inspec- extracts to be made as aforesaid, or to attend the said conmiissioners with
s *°°' ' their books when required so to do, then and in every such case every person
. who shall so refuse or neglect shall for every such offence forfeit and pay any
sum not exceeding ten pounds.
Notice to be JXVIL*J And be it further enacted, that where any house, cottage, or
piere ofhouses, tenement, or any windows therein, or any hospital, charity school, poorhouse,
or managers or licensed chapd ought to be exempted from the duties hereby payable by
school) &c! virtue of any of the rules contained in the schedules marl^ed (A) and (B.)
entitled to hereimto annexed, the occupier or occupiers of such house, cottage, or tene-
ment, and the person or persons* having the conduct or management of such
u
k.
fc
|» Rep., 80 far as relates to schedule (A.), Stat, Law ReV. Act, 1872.1
JLD. 1802-3.
43 George IIL c. 161.
363
hospital, charity school, poorhouse, or licensed chapel, shall give notice thereof
to die assessor or assessors,
XXIV. And be it further enacted, that every assessment to be made of the Assessments
said duties in pursuance of this Act in Scotland shall be in force for one whole ^ fn foree for
year, and shall commence from the twenty-fourth day of May in the year in one whole year
which the same shall be made, and end on the twenty-fourth day of May then ^^ * ® ^^
next foDowing ; and the said last-mentioned duties shall be paid by half-yearly instal-
ments on the days herein-after mentioned ; (that is to say,) on or before the twenty-
ninth day of September and the twenty-fifth day of March in every year ; the first
{nyment thereof to be made on or before the twenty-ninth day of September one thou-
sand eight hundred and four |Rep., Stat. Law Bev. Act, 1872.1 ; and such payments
shall be made by the person charged with the said duty, his or her executors
M- administrators, by themselves or others in their behoof, to the collector of
the said duties, personally or at his office, and the said collector shaU, on pay-
ment thereof, give acquittances (without taking anjrfching for such acquittance,
the stamp duty for the same accepted,) imto the several persons who shall pay
the same, which shall be a full discharge to the persons paying the same against
Us Majesty, his heirs and successors ;
L And be it further enacted, that Jt shall be lawful for the commissioners
for the affairs of taxes, imder the direction of the lords commissioners of his
M^esty^s Treasury, from time to time to publish or cause to be published, in
the sereral - counties, ridings, divisions, cities, towns, parishes, and places
respectively, lists containing the names of any persons charged to the duties
flttde payable by this Act, and to cause the same to be published in such
flanner as they shall direct ; and if any persons shall wilfully tear, deface,
or remove any list of any such names, or any part of such lists, that shall
be aflked by order of such commissioners as aforesaid upon any church or
diapel door, or market cross, he or she shall forfeit for every such offence
the sum of five pounds.
LL And be it further enacted, that if any person rated and assessed to any
of the said duties made payable by this Act shall remove out of the limits of
the collectors of the said duties who shall be charged to collect the same,
without first paying or discharging, or causing to be paid or discharged, aU
the duties charged upon him or her, and which shall then be due and payable,
and without leaving within such limits sufficient goods and chattels whereon
the said duties in arrear may be raised and levied, every such person shall
for every such offence forfeit and pay, over and above the said duties so left
^paid as aforesaid, the sum of twenty poimds.
Lists of persons
charged to the
duties may be
pabliifhed
under direc-
tion of the
Treasury.
Penalty for
defacing or
removing such
lists.
Penalty on
persons re-
moving with-
out payment
of duties.
UlL And be it further enacted, that if any person who ought to be charged
ty virtue of this Act shall, by changing his or her place of residence, or by
^J other fraud or covin, escape from the taxation and not be charged, and
the same be proved before the commissioners acting in the execution of this
Act, or any two or more of them, where such person dwelleth or resideth, at
any time within one year next after such charge ought to have been made,
every person that shall so escape from the taxation and payment shall be
charge (upon proof 'thereof) at treble the value of so much as he or she should
Persons who
fraudulently
escape taxation
may be charged
treble the
duties at any
time within
one year after
the chaige
ought to have
been made.
r
K
L
r-
I
V:
%
i-
r*.
I.
i
■<
n '
>
V
\
364
43 George III. c. 161.
A.D. 1802-3.
Parents and
guardians to
pay the duties
charged upon
infants, and
executors and
administrators
the assessments
upon persons
deceased.
Such payments
to be allowed
in their ac-
counts.
Duties charged
on landlords
under schedules
(A.)and(B.)
may in certain
cases be de-
manded of the
tenants of the
premises, -who
shall pay the
same and may
deduct the
amount out of
the landlords'
rent.
Parishes or
places in Eng-
land in which
assessments
are made to be
answerable for
the duties.
or ought to have beeH: charged at by this Act ; the said "treble value to bo
charged in the assessment on. such, person, and, on nonpayment thereof, to
be levied on the goods, lands, and hereditaments of such persons.
LIV. And be it further enacted, that where any person or persons charge-
able with the duties hereby made payable as aforesaid shall be under the age
of twenty-one years, or where any person so chargeable shall die, in every
such case the parents and guardians of such infants respectively, upon default
of payment by such infants, and the executors and administrators of the
persons so dying shall be and are hereby made liable to and charged with
the payments which the said infants ought to have made, and the persons so
dying were chargeable with ; and if such parents or guardians or such exe-
cutors or administrators shall neglect or refuse to pay as aforesaid, it shall be
lawful to proceed against them in like manner as against any other person
or persons making default of payment of the duties hereby made payable ; and
all parents and guardians making payment as aforesaid shall be allowed all
and every sum and sums paid for such infants in his, her, or their accounts ;
and all executors and administrators shall be allowed to deduct all such
payments out of the assets and effects of the person so dying.
JLV.*J And be it further enacted, that where in the assessment of any
parish, ward, or place, by virtue of the rules contained in schedules (A) or
(B.), the said duties shall be charged on the landlord or landlords or owners
of any dwelling houses let in different apartments, stories, tenements, lodgings,
lands, or landings, and not on the respective occupiers thereof, and the landlords
or owners shall not reside in such parish or place, or shall not have sufficient
goods or chattels in such parish or place whereon the duties so assessed shall
or may be levied, and such landlords or owners shall not have paid the said
duties, then and in such case it shall be lawful for the collector or collectors
to demand the same of and from the tenant or tenants, occupier or occu-
piers thereof, or any of them, and on nonpayment thereof shall and may levy
the said duties on the goods and chattels of such tenants and occupiers re-
sj^ectively by distress and sale as aforesaid, as if the said duties were charged
on such tenants and occupiers ; and such tenants and occupiers are hereby
required and authorized to pay such sum or sums of money as shall be so
assessed, and to deduct out of the rent of such apartments, stories, tenements,
lodgings, lands, or landings such payments as the landlords and owners have
been charged with ; and the said landlords and owners, both mediate and
immediate, according to their respective interests, are hereby required to allow
such payments upon receipt of the residue of the rent ; and every such tenant
and occupier shall be acquitted and discharged of so much money as the said
assessrnent or assessments shall amount unto, as if the same had actually been
paid unto such landlords or owners.
LVI. And be it further enacted, that in England, Wales, or Berwick-upon-
Tweed the ward, parish, or place in which any assessment shall Tbe made of
the said duties shall be answerable for the amount of the duties which
shall be charged in such ward, parish, or place, and for the said duties being
duly demanded of the respective persons charged therewith, within ten days
Y Rep., BO far as relates to schedule (A.), Stat, Law Rev. Act, 1872.J
t
AJ). 1802-3.
43 Geobge IIL c. 161.
3Go
ro-osHCHsed.
after the same are payable by virtue of this Act by the collector or collectors
of such ward, parish, or place ; and also for such collector or collectors, his, her,
or their executors or administrators duly paying. the sums received by such
collector or collectors to the receiver general of the said duties according to this
and the said first>-recited Act ; and every arrear of the said duties arising from ArrcaM to be
the default [as aforesaid or by the failure of any collector for which any ward,
parish, or place as aforesaid shall be answerable, shall be re-assessed within or
upon sach ward, parish, or place as soon after such default shall be discovered
as conveniently* can be done, and shall respectively be charged on the amount
of the assessment which shall be made for the same duties in the year com-
mencing from the fifth day of April preceding the time of making such re-
assessment, by duly apportioning the amount of such arrear amongst the
several persons assessed in that year to the same duties respectively on which
sDch arrear shall have accrued, according to each person's assessment thereof,
as nearly as the case will admit, and by the like rules, methods, and directions
by which the original assessment was made of the same duties to be raised
and levied, in such manner as any assessment may be by this Act raised and
kvied.
LIX And be it further enacted, that the payment of any of the duties
made payable by this Act by any person or persons in any parish or place
shall not entitle the person or persons so paying such duties to a settlement in
sQfJi parish or place.
ILI«J And be it further enacted, that the several assessors, inspectors, and
sunejoTs so as aforesaid appointed or to be appointed, and every of them,
shm have full power, at seasonable times, taking to his or their assistance in
afl cases when the same shall be necessary a constable, headborough, tything-
man, or other officer of the respective parishes or places ^vithin that part of
Great Britain aforesaid, who are hereby required to assist such officers accord-
ingly, to view tod examine each dwelling house, in order to ascertain the
number of windows or lights therein, and the dimensions thereof, and the
annual rent at which the same dwelling house ought to lie charged, and for
so doing shall have liberty to pass through any house or houses, and i/) <^o
iiito any court, yard, back side, or premises thereunto l^elonging, and exU;r-
nally to view and inspect the windows or Hglits in any such house or hons^'**,
and the premises occupied therewith, and t^> uie<asure such windows or lights
externally that cannot be conveniently seen, numbered], or measure^l without
passing through such house or houses, and shall ako have liberty to make like
view, examination, and inspection twice in the year during the continuaua^
of this Act ; and if any dispute shall ari.se touching the dimensions of any
window or light, the proof thereof shall lie upon the f)ccu])\('r or rKJCU[>iers,
who shall cause the same to be duly admeaMured at hi« and their proj)^*r cosO*,
and verified before two or more of the saiJ aimnjjr^ioners on the oath or
affirmation of the person admeasuring the same.
Pavrni*nt of the
fhttU'M not t4>
f^ivti It settle-
iiieiit.
A8<<eftfK>rH, in-
tpectorx, and
HurveyoFH may
▼icw aod ex-
amine llOllMeH,
in ordcT to
aftcertjiin the
value iherec^f,
and the nntn'
htT anrl fiinicn-
ftioni of th<;
windoKTK,
(Un"*iM«-f, he.
U) a*«»i't uhcn
rv'ftjjrwl.
If J rravr of
d:*\ptitti an to
dioM'fj*Um« iff
jfTfMA U/ Vif *m
Y Bep^ except so fio* a<$ relate^ to aacert&inin'^ the anniial reot at whkfa tnuih dw<;)]jo^
bouse ouglii to be charged, Sut. Law Eer. Ac-t, 1%72.]
•366
43 George IIL c. 161.
A,D. 1802-3,
Assessors to
bring in certi-
ficates of assess-
ments for all
the duties, with
the names of
those who have
claimed ex-
emptions, to be
verified on
oath, and to be
delivered at the
times and ac-
cording to the
regulations of
the Act of the
present session.
Surveyors, &c.
}
may examine
f . •
returns and
i
assessments,
l^'-
and amend the
'0
same.
z
1.
Lists to be de-
i'* •
' 9 .
livered to sur-
veyors when
t' _
required, and
h
assessments
^ •
produced to
i
them for the
i'
purpose of
^
taking copies.
,•
After assess-
'I'
ments are al-
[■■
lowed the sur-
t
veyors shall
certify omis-
*_
sions, &C. to
the commis-
>
' 1 *
sioners by way
*
of surcharge.
Upon delivery
of the certifi-
cate, and oath
being made
that notice was
given to the
person sur-
charged, the
commissioners
^hall allow the
surcharges.
ILXII.*! And be it fiirther enacted, thkt the respective assessors acting in
the execution of this Act shall bring in their certificates of assessments in
writing under their hands, within the time limited by the said recited Act of
the present session of Parliament, to be verified as therein directed, of every
dwelling house, inhabited or not inhabited, within the limits of those places
for which they are to act, and of the number of windows or lights in each
house, and the full and just yearly rent which every such dwelling house, with
the offices and premises hereby charged, is really worth, estimated according
to this Act, together with the names and surnames of the several occupiers or
inhabitants of each dwelling house, and of the
several i^ms of money they respectively ought to pay by virtue of this Act,
in each case respectively, without concealment or favour ; and also the names
and surnames of those who have claimed exemptions from the said duties, or
any of them, and the causes of such exemption, under the penalty contained
in the said recited Act, observing therein, as to the time of bringing in such
certificates, the regulations of the said recited Act.
LXUL And be it further enacted, that the surveyors or inspector appointed or
to be appointed as herein mentioned shall be and they are hereby empowered to inspect
and examine all and every the returns of lists or declarations made by any person or
persons chargeable to the said duties, or any of them, according to the directions of
this Act, and also all and every the assessments of the said duties, or any of them, made
for any parish or place, as well before as after the commissioners shall have signed and
allowed the said assessments, and, before such allowance, to correct and amend such
assessments, if he or they shall see fit ; and every person in whose custody any such
lists shall be shall and is Iiereby required, upon the request of any such surveyor or
inspector as aforesaid, to deliver the same into his custody for the purposes of this Act,
taking his receipt for the same ; and every person in whose custody any such assess-
ment shall be shall and is hereby required, upon the request of such surveyor or
inspector as aforesaid, to produce the same ; and such f?urveyor or inspector is hereby
authorized to take charge of the same until he shall have taken such copies of or
extracts from the same as may be necessary for his and their better information; and
if any such surveyor or inspector shall, after any such list or lists and assessment or
assessments shall be so respectively made out, signed, and allowed as aforesaid, find or
discover upon his survey or examination, or otherwise, that any person who ought to
be charged with the said duties, or any of them, shall have been omitted to be chai^
therewith, or shall have been underrated, or that any person liable to the said duties,
or any of them, in respect of which such lists or declarations as aforesaid ought to have
been delivered, hath not made any return as by this Act is required, or hath omitted any
person, or any description, or any article, matter, or thing which ought to have been
returned, so that he or she shall not have been charged to the amount which ought to
be paid by him or her, or that any exemption shall have been claimed which is not
allowed by this Act, then and in every sudi case the said sm"veyor or inspector shall
certify the same in writing under his hand, together with an account of every defiwlt
and omission, with the name or description of the person or thing not returned or
omitted, to the best of his knowledge and belief, and the full amount of the duty which
ought to be paid, by way of surcharge, to any two or more of the said commissioners for
putting in execution this Act, in order to have such default, omission, or under rate
rectified in the said assessment ; and such commissioners are, upon the delivery of any
such certificate, and upon oath being first made that such notice as herein-after dii'ected
was given to or left in writing at the dwelling house or other place of abode of the
person so surcharged, required to sign and allow the said surcharges, and to cause the
said assessments to be rectified, and the said duties to be levied accordingly; and
the said inspectors and surveyors shall give or cause to be given to every person so
surcharged, or leave or cause to be left at his or her last or usual place of abode in the
district where such surcharge was made, notice in writing of such surcharge, and of
I* Rep., except so far as relates to certificates of assessments for the duties on
inhabited houses according to the annual value thereof, Stat. Law Rev. Act, 1872. J
I
ID. 1802-3.
43 George III. c 161.
367
Notice of
surcharge
In what amount
the surcharges
shall be made.
the amount for which he or she Bhall have been charged bj virtue of such certificate ;
which surcharges the said inspectors and surveyors are hereby empowered to make
from time to time and at such times as is directed by the said recited Acts respectively
ot the present sCvSsion of Parliament ; and such surcharges shall be made in the full
gmooDt of the duty which ought to be charged by virtue of such certificate in respect
ofthe duties contained in schedules (A.) and (B.), and in double the amount of the
dnty which ought to be charged by virtue of such certificate, in respect of all or any of
the duties contained in the other schedules to this Act annexed. {Rep., Stat. Law
BeT. Act, 1872.1
• •••*•««•
T.TTY, FfiOTiDED always, and be it further enacted, that an appeal may bo Appeals,
made firom any assessment or surcharge as aforesaid and heard and deter-
mined under the regulations of the said recited Acts respectively, and that
such appeal may be made in the like cases as are mentioned in the said recited
Acte respectively, and also in the case herein-after mentioned.
LXX. And be it further enacted, that if any person or persons shall think
himself, herself, or themselves respectively overcharged or overrated by any
certificate of any inspector or surveyor as aforesaid, or by any assessment to
he made by virtue or in pursuance of such certificate, it shall be lawful for
him, her, or them respectively to appeal to the said commissioners in such
manner as they are authorized to appeal &om any original assessment or sur-
charge by the regulations of the said recited Acts respectively, . . * . ,
Personft over-
charged may
appc<il to com-
miflsionert.
UIIL Ani> be it further enacted, that if any inspector or surveyor shall
viUalfy make any false and vexatious surcharge, or wilfully deliver or cause
to ie delivered to the commissioners for executing this Act any false and
madous certificate of charge, every such inspector or sura^reyor shall forfeit to
tie party aggrieved any sum not exceeding fifty pounds, to be recovered by
aciion of debt, bill, plaint, or information in any of his Majesty's courts of
record at Westminster for offences committed in England, and in the Court of
Great Sessions for offences committed in Wales {Rep., Stat. Law Bev. Act, 1872.J,
and in the CJourts of Session or Exchequer for offences committed in Scotland,
with full costs of suit : Provided always, that nothing herein-before contained,
nor any suit by the party aggrieved in pursuance of this Act shall be con-
6tmed to affect, impeach, or defeat any action or information brought or to be
hrought against any surveyor or inspector in pursuance of the said recited
Acts respectively, for any corrupt, vexatious, or illegiQ practices in the execu-
tion of his office ; and it shall be lawful for the judge before whom such
inspector or surveyor shall have been convicted of such offence, by endorse-
ment on the postea, or for the court before whom such person shall be convicted,
to mitigate the penalty at his or their discretion.
LXXVL Akd to the end that no person may pay the same duties for the
same articles in more parishes or districts than one for the same year, be it
farther enacted, that if any person, having been assessed under this Act in one
parish or district to the duties made payable by this Act or any of them, shall
be again assessed in another parish or district for the same cau^e and on the
5<am€ account, in such case the c^^nnmissioners for this Act within such latter
parish or district, or the majority of the said commissionerK present, on any
application for the jiurpose, may and are hereby required to alter any assess-
Inspoctor or
surveyor
making a false
or vexatiouH
surcharge or
certificate of
charge, to for-
feit a Kum not
exceeding 50/.
Saving sh to
any action, &c.
againKt tiur-
veyor for cor-
rupt, vexatiouM,
or illegal
practices.
Court may
mitigate the
penalty.
Commiwonem,
on application
made to them,
Khali grant relief
to perM>n*i who
have bfM.*n an-
wemtA in 'di&T-
ent placeti for
the lame cauite
aodonthesamr
account.
368
43 George III. c. 161.
A.D. 1802-3.
No letters
patent to confer
an exemption
.from the duties.
I
k'
t -
r
it
H
Commissioners
of the Treasury
to appoint sala-
ries of officers,
and to pay
incidental
expepces.
ment of such person so assessed twice, on proof given before them that such
person hath before been assessed for the same cause and on the same account
in another place, and in what place specifically, and hath paid or is liable to
pay the duties for the same upon such assessmen|i ; which proof shall be made
by the oath or affirmation of the party, or some credible witness, that the
several assessments are for the same cause and on the same account, and by
the production of either a copy or certificate of the first assessment, signed by
two or more commissioners of the district for which such first assessment shall
have been made, to be verified on oath or affirmation as aforesaid, which copy
or certificate the clerk of the said commissioners shall deliver gratis to the
party requiring the same, or in default of such copy or certificate, then the
proof thereof shall be made by other evidence on oath or affirmation as afore-
said, to the satisfaction of the commissioners present, or the majority of them;
and if .any person shall, by any fraudulent contrivance whatever, procure any
assessment to be altered, with intent to defraud his Majesty, his heirs or
successors, of the said duties or any part thereof, every such person shall for
every such offence forfeit the sum of fifty pounds.
LXXVII. And be it further enacted, that no letters patent granted by the
King's Majesty, or any of his royal progenitors, or to be granted by liis Ma-
jesty to any person or persons, cities, boroughs, or towns corporate within this
realm, of any manner of liberties, privileges, or exemptions from subsidies,
tolls, taxes, assessments, or aids shall be construed or taken to exempt any
person or persons, city, borough, or town corporate, or any of the inhabitants
of the same, from the burden and charge of any of tlie said duties ; and all
non-obstantes in such letters patent made or to be made in bar of this Act are
hereby declared to be void and of none effect ; any such letters patent, grants,
or charters, or any clause of non-obstante, or other matter or thing thereiD
contained, or any law or statute to the contrary notwithstanding.
LXXVIII. Provided also, and be it further enacted, that out of the monies
from time to time arisen or to arise of or from the said duties made payable
by this Act it shall be lawful to and for the said commissioners of the Trea-
sury or any three or more of them now or for the time being, or the high
treasurer for the time being, to settle and appoint such salaries and allowances
for the service, pains, and labour of the surveyors,'inspectors, and other officers
to be employed in the execution of this Act and otherwise in relation thereto,
and also to discharge such incident charges and expences as shall necessarily
attend the execution of this Act, as the said commissioners of the Treasury or
any three or more of them, or the high treasurer for the time being shall think
fit and reasonable in that behalf.
i
k •
Recovery of
penalties.
LXXX. And be it further enacted, that all pecuniary penalties and fo^
feitures imposed by this Act shall and may be sued for, recovered, and applied
in such manner and form as is directed by the said lecited Acts respectively
in regard to the pecuniary penalties and forfeitures thereby imposed.
AJ). 1803-4.
44 George III. c. 13.
369
U GEORGE III. A.D. 1803^.
STATUTES MADE AT THE PARLIAMENT
BeGVX AND HOLDEN AT WESTMINSTER, THE SIXTEENTH DAY OF NOVEMBER,
AD. 1802,
In THE FORTY-THIRD Year of the Reign of
King GEORGE the Third,
Am) FROM thence continued by several Prorogations to the
Twenty-second Day of November, A.D. 1803,
Being the Second Session of the Second Parliament of the United
Kingdom of Great Britain and Ireland.
CHAPTER XIII.
An Act to prevent the Desertion and Escape of Petty Officers, Seamen, and
others from His Majesty's Service, by Means or under Colour of any Civil
or Criminal Process. [15th December 1803.]
VyHEREAS many petty officers and seamen belonging to his Majesty's
navy, and divers persons who have either voluntarily entered into or
Wn duly impressed to serve in his .Majesty's navy, have of late years been
takfliout of his Majesty's service by means of arrests and detainers, as well
^fcr real and pretended debts or causes of action, as also upon charges or
Mcosxfions for alleged criminal offences ; and such petty officers, seamen; and
o& persons as aforesaid have been thereupon discharged out of custody,
erticrby due course of law or by the consent of the persons at whose suit or
on whose complaint they had been so arrested, apprehended, or detained, with
intent to enable them, and they have been thereby often times enabled, to
desert and escape from his Majesty's said service, to the great prejudice and
detriment of the said service : For remedy whereof, be it enacted by the
King's most excellent Majesty, by and with the advice and consent of the
lords spiidtual and temporal, and commons, in this present Parliament
assembled, and by the authority of the same, that from and after the passing
of this Act whenever any petty officer or seaman belonging to his Majesty^s
navy, or any person who shall have voluntarily entered into or been impressed
to serve in his Majesty's navy, shall be arrested, apprehended, or taJcen in
execution by any sheriff or sheriffs, or other officer or officers, either upon or
by virtue of any mesne or other writ or process whatsoever, or upon or by
virtue of any warrant for any alleged criminal offence, and shall be thereby
taken firom or out of his Majestjr's sea service, or from or out of any ship or
veflsel appointed for receiving volunteers and impressed men to serve in his
Majesty's navy, or from or out of the custody of any officer of the impress or
other officer in his Majesty's sea service, with whom any such person as afore-
said shall have voluntarily agreed to enter into, or by whom any such person
as aforesaid shall have been impressed to serve in his Majesty's navy, or who
shall have the custody or charge of any such person as aforesaid, the sheriff or
sheriffs, gaoler or gaolers, or otiier officer or officers, who shall have arrested or
apprehended any such petty officer, seaman, or other person as aforesaid^ or in
VOL. IV. A A
Petty offieen
or seamen
of the navy
arrested by
sberi£&, Sec,
to be kept
in custody
after they are
entitled to be
discharged,
&c. and be
immediately
conveyed and
delivered to a
commander in
chief of some
of his Majesty's
ships, &c. to
serve on board
the fleet.
■u^>
f
ii
r
I
t
}
370
44 Qeoboe III. a la
A.D. 1803-4
u
.,»
^
\
SherifBs, &c.
to be paid for
conveying
such petty offi-
cers or seamen
at the rate of
2«. per mile.
Sheriffs trans-
ferring such
petty officers
whose custody any such petty officer, seaman, or other person as aforesaid
shall happen to be, by way of detainer upon or by virtue of any such writ,
process, warrant, charge, or accusation, or upon or by virtue of the judgement
or sentence of any court, shall not discharge any such petty officer, seamao, or
other person as aforesaid out of his or their custody, either upon payment
or satisfaction of the debt or debts, cause or causes of action, or for want
of prosecution for, or upon acquittal of, the charge or accusation, charges or
accusations, upon which any such petty officer, seaman, or other person as
aforesaid shall be in custody as aforesaid, or by consent of the person or persons
at whose suit or on whose behalf any such petty officer, seaman, or other
person as aforesaid shall have been arrested, apprehended, taken, or, detained,
or upon giving bail or any other security, or upon any undertaking either to
appear to or to answer or satisfy any such debt or debts, cause or causes of
action, charge or accusation, charges or accusations, or in case of conviction
for any criminal offence or offences after the expiration of any period or term
for which any such petty officer, seaman, or other person as aforesaid may
have been sentenced to be imprisoned, but shall detain and keep every such
petty officer, seaman, and other person as aforesaid in his or their custody, and
shall thereupon forthwith and as soon as every such petty officer, seaman, or
other person as aforesaid would be entitled to be discharged out of custody,
with respect to any such writ, process, or warrant, or with Vespect to any sndi
debt or debts, cause or causes of action, charge or charges, accusation or
accusations, judgement, or sentence, with all convenient eipeed, safely and
securely conduct and convey, and safely and securely deliver every such petty
officer, seaman,, and other person as aforesaid, either unto the commander in
chief of some of his Majesty's ships, or unto some commissioned officer of the
navy being authorized and empowered to raise seamen for his Majesty's service,
or unto some principal officer employed in regulating the service of raising men
for his Majesty's fleet, whichever shall be at or nearest to the place where any
such petty officer, seaman, or other person as aforesaid shall then happen to
be, in order that every such petty officer, seaman, or other person as aforesaid
may be detained and kept to serve on board his Majesty's fleet, as before they
were liable to do ; and such commander in chief, officer of the impress, or
principal regulating officer as aforesaid shall thereupon give and deliver to
such sheriff or sheriffs, gaoler or gaolers, or other officer or officers as aforesaid
a certificate, directed to the treasurer of his Majesty's navy, specifying the
receipt of every such petty officer, seaman, or other person as aforesaid, as
shall be so delivered to him respectively as aforesaid, and the places ftom
and to which any such petty officer, seaman, or other person as aforesaid shall
have been conducted and conveyed as aforesaid ; and the sheriff or Bherift
gaoler or gaolers, or other officer or officers who shall have so conducto4
conveyed, and delivered as aforesaid any such petty officer, seaman, or other
person as aforesaid, shall thereupon be entitled to receive of and from tt«
said treasurer of his Majesty's navy the sum of two shillings per mile, and
no more, for conducting, conveying, and delivering as aforesaid every such
petty officer, seaman, or other person as aforesaid, upon production to the said
treasurer of the navy of such certificate.
II. And be it further enacted, that in case any such petty officer, seaman,
or other person as aforesaid shall be removed from or out of the custody ct
JLD. 1803-4. 44 George III. c. 13. 371
any sheriff or sheriffs, gaoler or gaolers, or other officer or officers by whom or seamen to
any such petty officer, seaman, or other person as aforesaid shall have been ^c.^8haU certUV
arrested or apprehended as aforesaid, or in whose custody any such petty their liability
officer, seaman, or other person as aforesaid shall happen to be, into the ^^ j^^g j^^^
custody of any other sheriff or sheriffs, gaoler or gaolers, or other officer or jesty's service,
officers, by virtue of any writ of habeas corpus, or otherwise, the sheriff or
sheriffs, gaoler or gaolers, or other officer or officers so having arrested or
apprehended such petty officer, seaman, or other person as aforesaid, or in whose
custody any such petty officer, seaman, or other person as aforesaid shall happen
to be, shall certify in writing to the sheriff or sheriffs, gaoler or gaolers, or
other oflSlcer or officers into whose custody such petty officer, seaman, or other
person as aforesaid shall be so removed, upon the back of the writ or other
proceeding by which such petty officer, seaman, or other person as aforesaid
shall be removed out of the custody of such sheriff or sheriffs, gaoler or gaolers,
or other officer or officers as aforesaid, that such person so removed as afore-
ttid is a petty officer, seaman, or other person as aforesaid, as the case may be,
and liable to be kept and detained for his Majesty's service ; and so toties
(pioties, as often as any such petty officer, seaman, or other person as afore-
said shall be removed from the custody of one such sheriff or sheriffs, gaoler
©gaolers, or other officer or officers to the custody of any other sheriff or
sheriffs, gaoler or gaolers, or other officer or officers.
UL Provided always, and be it further enacted, that in case any sheriff Sheriflfe, &c.
OT sheriffs, gaoler or gaolers, or other officer or officers shall neglect or refuse neglecting to
' o o ' ^ o convey such
to conduct and convey, for the purpose aforesaid, any such petty officer, sea- petty officers
fflaa, 01 other person as aforesaid to any distance not exceeding eighty miles he,l^^d^^ed
i^^ fie space of two days, or to any distance not exceeding one hundred and shall be liable
^ty miles for the space of three days, and so to any other greater distance, ^^i^*^^''
st the rate of forty miles per day, after the time that any such petty officer,.
Kaman, or other person as aforesaid ought to be conducted and conveyed as
aforesaid for the purpose aforesaid according to the directions of this Act, but
dall wilfully or negligently detain and keep any such petty officer, seaman,
or other person as aforesaid in his or their custody for any space of time over
wd above the several spaces of time herein-before in that behalf specified,
without conducting and conveying him as aforesaid for the purpose aforesaid,
then all and every such sheriff or sheriffs, gaoler or gaolers, or other officer or
officers shall be subject and liable to be impleaded in an action of trespass
upon the case, at tKe suit of every such petty officer, seaman, or other person
te aforesaid who shall be so detained as aforesaid ; anything herein contained
to the contrary notwithstanding.
IV. And be it further enacted, that in case any sheriff or sheriffs, gaoler Penalty of loo/.
or gaolers, or other officer or officers shall not safely and securely conduct and 2^ s^^iflfe, &c
convey and safely and securely deliver any such petty officer, seaman, or such petty offi-
other person as aforesaid either unto such commander in chief, officer of the f®" ^^ seamen
, • . T . ^ escape.
impress, or principal regulating officer as aforesaid, whichever shall be at or
nearest to the place where such petty officer, seaman, or other person as afore-
said shall then happen to be, but shall either wilfully or negligently permit
or suffer any such petty officer, seaman, or other person as aforesaid to escape
aad go at large, all and every such sheriff or sheriffs, gaoler or gaolers, or other
officer or oflBcers shall for every such offence forfeit and pay the sum of one
A A 2
I
44 George III. e. 13, 43.
A.D. 180M.
}iundred pounds, to bo sued for and recovered in any of his MaJesty'B courU of
record at Weatminater for offences committed in England, in bis Majesty's
Court of Exchequer at Edinburgh for offences committed in Scotland, and in
any of his Majesty's courts of record in Dublin for offences committed in
Ireland, by action of debt, bill, plaint, or information, wherein no easoign,
. protection, or wager of law, nor more than one imparlance shall be allowed ;
one moiety of which penalty aball be paid to his Majesty, his heirs and suc-
cessors, and the other moiety thereof to him or them who shall sue for (he
same, together with full coats of suit.
V. And be it further enacted, that if any action or suit shall he brouglit
or commenced against any person or persons for any thing done in putsnuci?
of this Act, such action or suit shall be commenced within three caletdar
months next after the fact committed, and not afterwards, and shall be Isii
in the county or place where the cause of complaint did arise and not dsc-
where ; and the defendant or defendants in every such action or suit may
plead the general issue, and give this Act and the special matter in evidena^
at any trial to be had thereupon ; and if the jury shall find for the defcBdaw "r
defendants in any such action or suit, or if the plaintiff or plaintiffs shall be non-sniiivl.
or discontinuo hia, lier, or their action or suit, after tiie defendant or dcfcndanle M\
have appeared, or if upon demurrer judgement diall bo given agoinst tlio plaiiHiffw
plainlifie, the defendant or defendants sfaaU have treble costs, and have tho like retinlT
for the same as any defendant hath in any other case to recover costs by law {Uiji^
5 & 6 Vict. c. 97. 8. 2.].
CHAPTER XLIII.
An Act to enforce the due Observance of the Canons and Rubriek reapettiiif;
the Ages of Persons to bo adnuttcd into the sacred Orders of Deacon ami
Priest [3d May im]
"IlX'HEREAS by ihe canons of the churches heretofore of England anil
' • Ireland, now the United Church of England and Ireland, it is ordainul,
oi-dered, and directed that no bishop shall admit any person into the sacrc^i
order of a deacon who is not twenty-three years old. nor to be a priest excej t
he be twenty-four years compleat : And whereas by the prefaces to the f mus
of ordination of priests and deacons established and used by authority "f
several Acts of the Parliaments of England and Ireland respectively it i*
directed that none shall be admitted deacon except he be twenty-three yesis
of age, unless he have a faculty, and that every man which is to be adnuttid
a priest shall be full twenty-four years old : And whereas in that part of tht
United Kingdom called Ireland the aforesaid rule respecting the a^ <•!
persons desiring to be admitted into holy orders has been sometimes dis-
regarded and rendered of no effect, to tho gi-eat scandal and detriment of tin
Church, and to the prejudice of religion : For the better prevention whtretl
for the future, and also in order that one certain and undoubted rule ami
course of practice may hereafter prevail and be observed in this respect in
Ei^land and Ireland, be it enacted by the King's most excellent Majesty, I'V
and with the advice and consent of tho lords spiritual and temporal, anil
commons, in this present Parliament assembled, and by the authority of the
A.D. 1803-4.
44 George III. c, 43, 54.
373
same, that firom and after the passing of this Act no person shall bo admitted
a deacon before he shall have attained the age of three and twenty years
oompleat, and that no person shall be admitted a priest before ho shall liavo
attained the age of four and twenty years compleat : And in case any person
shaU, fix)m and after the passing of this Act, be admitted a deacon before ho
shall have attained the age of three and twenty years compleat, or bo admitted
a priest before he shall have attained the age of four and twenty years com-
pleat, that then and in every such case the admission of every such person as
deacon or priest respectively shall be merely void in law as if such admission
had not been made, and the person so admitted shall be wholly incapable of
having, holding, or enjoying, or being admitted to any parsonage, vicarage,
benefice, or other ecclesiastical promotion or dignity whatsoever, in virtue of
soch his admission as deacon or priest respectively, or of any qualification
derived or supposed to be derived therefrom : Provided always, that no title
to confer or present by lapse shall accrue by any avoidance or deprivation,
ipso facto, by virtue of this statute, but after six months notice of such
avoidance or deprivation given by the ordinary to the patron.
IL And be it further enacted, that nothing herein contained shall extend or
1« construed to extend to take away any right of granting faculties heretofore
lawfully exercised and which now be lawfully exercised by the Archbishop of
Cuterbury or the Archbishop of Armagh.
D«aooni not
to be admlttwt
ticforo Rttain-
Itiff an, nor
priettn brfora
attaining 94.
Thiff Act not to
uffed the H^bt
of untttfiif;
fncuU\en*
CHAPTER LIV.
Ay Act to consolidate and aroend the Provisions of the several Acts relating
to Corps of Yeomanry and Volunteers in Great Britain ; and to make
further Regulations relating thereto. J*J [5th June 1804,]
TT^TIEREAS an Act was passed in the forty-second year of the reign of bis
^^ present Majesty, intituled ''An Act to enable his Msjf^y to avail «0«>. «.«.*«.
^ himself of the offers of certain yeomanry and volanteer corps to continue
" their services'*: And whereas an Act was passed in the fortyHhird year f/f
the reign of his present Majesty, intituled '"An Act fr>r authori;ring the 4«r><^,»,
*' billetiiig of such troops of yeomanry and volunteer cavalry as may >;e *' ^*''
- desiroas of assembling for the purpose of >^;ng trained t^i^ether in (ircAt
^ Britain and Ireland, and for subjecting to militaiy disrripline, during the
** war, such seijeants serving in any volunteer or yeomanry rz/ryrfi of cavalry
'• or infantry as receive constant pay, and all trurnpet^^rH, f\nuf\iui-r\ or buvj^v
- men serving therein and receiving pay at any daily or weekly rate, ami
•^ for the farther regulation of such yeomanry and volunte^T cjfr^H": And
whereas an Act was pasrte.l in thw se<wion of Parliament, intitnl^^d ''An A/rt ^^'^^ ^^'^■
« to explain and amend two Act^, pa-«f:d in the forty-<%ecf/nd and fort,y- third
- ytors of the reign of hln present Majesty, relatin^f to volwrif/'/^r-* ar>/|
-* yeomanry corps in Gn^t Britain"; And wherf-a^ It U exf^/Ji^nt fh^t M t.hA
pn^visioDs of the said Act-^, .v> far a** the same r^^-Jate t/> cr>rp<< of yooxfipmry
an^l volmite^s in Great Britain, -h^.nld be cr,n,%oIIr]ate/l In orn*. Act, ar.d fhPit
p Rep^ dO fiir as relates t.i v^AiUiU-^'Vi In Gr/iat BrlUin, ^, <& 27 V>U t. ^f^,. < r,\.l
374 44 George III. c. 54 A.D. 1803^.
further proviBions should be made for the regxUation of such corps and pereons
serving tberein respectively ;
• *.'* • * * • tt«
III. And be it further enacted, that it shall bo lawful for his Majestj to
continue the services of all corps of yeomanry or volunteers accepted befofe
^ ^ps accepted the passing of this Act, and also to accept the services of any corps of
h , this Act, BD? yeomanry or volunteers that maybe formed after the passing thereof, audi
^ aocept the corps respectively being formed under officers having or who shall have coa-
l fomed here- misaions either from his Majesty or any lieutenant of a county or any otbw
\, ??f'' ^ "^y person or persons who may be specially authorized by his Majesty for that
l contmae their purpose, as to his Majesty may seem proper, upon such terms and conditiooi,
r. flerviceB. j_q^ under and according to such rules and regulations as have been approval
I ' by his Majesty in regard to such corps whose services have been EtccepteJ
i before the passing of this Act, and upon such terms and conditions, and nndti
[ and according to such rules and regulations with regard to such corps whote
t services shall bo accepted after the passing thereof, as to his Majesty may
^ hereafter seem fit and proper, and to disband or discontinue the services of
i any corps of yeomanry or volunteers now formed or hereafter to be formei
r respectively, or of any parts of such corps, whenever it may seem expedieit
^' . Servicei of to his Majesty so to do : Provided always, that the services of all corps of
t ^^t^^ss- yeomanry and volunteers accepted before the passing of this Act shall be
, inf of thi« Act deemed to ,1)6 continued under the provisions thereof, unless his Majesty sbsll
to be continued signify his intention of disbanding or discontinuing the services of anysuth
[' under the pro- corps by any order to be communicated by his Majesty's principal secretarj-
f-' . ' of state.
I- IV. And be it fmther enacted, that every person enrolled or to be enrolled
maitn s^ ^^^ serving as an effective member of any corps of yeomanry or volunteers in
sbau be exempt Great-Britain, and who shall be duly returned or certified as such under ttii^
the'nmitift'or" ■^°^' ^'**'^ ^ exempt from being liable to serve personally or to provide a sub-
other adiK- stitute in the militia of Great Britain, or in any additional force raised or to '>e
but such ei- raised for the defence of the realm and more vigorous prosecution of the wtr,
empiion nhftii under any Act or Acts of the last session of Parliament, or under any Act or
coqis whole Acts of the present or any future session of Parliament, and from supplyi»j
°j^p i*'='^f^ any vacancies therein, and shall remain so exempted so long as he shall continue
not be claimed, to be and be returned or certified to be an effective member, in manner by
""^ be" ^a"'*'' t'his Act required, and no longer : Provided always, that nothing in this Art
the establish- contained shall extend or be construed to extend to entitle any member of aiy
"ml" corps' of yeomanry or volunteers to any exemption mentioned in this Act, in
any case in which, in the offer or acceptance of service of such corps, it shili
have been specified that such exemption would not be claimed by or alloW
to the members thereof, or to entitle any greater number of persons in Uj
corps to any exemptions under this Act than shall have been or shall be allows I
as the established number of such corps.
No person diall V, pEOVtDED always, and be it further enacted, that no person shall k
effe<Hireme^- deemed, construed, or taken to be an effective member of any corps of yeomaniy
ber who does or Volunteers, or shall be returned or certified as such by any commandiig
atmed, &c. ' officer under this Act, or be entitled to any exemption under any of the pm-
a cei^ num. visions thereof, who shall not have duly attended, properly armed and accoutred
tuieffi absent ^^^ moimted, if cavalry, at tiie muster or exercise of the corps to which le
J
A.D. 180S-4.
44 Qeoboe III. c 54.
375
Where armg or
acooutremi'Dts
have not been
Hupplied to
corpt, the
memberN who
have attended
muster and
exercise with-
out them may
be returned as
effective.
belongs, if cavalry four days, if infantry eight days at the least in the course with leave or
of the four months next preceding each return made under this Act, imless Sck^!w* wr^
ke shall have been absent with leave, under the provisions of this Act, or shall uniesM returue<i
have been. prevented by actual sickness, such sickness to be certified by some ^^ber kc.^
medical practitioner or otherwise proved to the commanding officer of the
eoipB to his 8atisfia.ction, nor unless such person shall be returned or certified
by hi» commanding officer in maimer directed by this Act as an efiective
member, and as having taken the oath of allegiance.
VI. Pbovided always, and be it fiirther enacted, that in every case in which
any corps of yeomanry or volunteers heretofore accepted or hereafter to bo
accepted, requiring any arms or accoutrements at the expense of his Majesty,
flbaJl not have been supplied with such arms or accoutrements in sufficient time
to have enabled the members thereof or any part or proportion of any such corps
io bave attended properly armed and accoutred at muster and exercise accord-
ing to the provisions of this Act, every member of such corps who shall have
daly attended muster and exercise, although without arms or accoutrements,
shall nevertheless be deemed and taken to be and may be returned or certified
to be an effective member thereof, in like manner as if he had so attended
properly armed and accoutred
VII Provided always, and be it further enacted, that it shall be lawful
tor the commanding officer of any corps of yeomanry or volunteers, in any case
iniluch, on application made for that purpose, it shall appear to him proper
tognoi leave of absence to any effective member of such corps who may be
prerented from attending in any period of four months the number of days of
TBostet and exercise required by this Act, to grant such leave, and to return or
certify such person so absent in the next return or certificate ; and every such
person shall in such case continue entitled to exemption as an effective mem-
ber, provided he shall in the succeeding four months attend such number of
days of muster and exercise as wiU complete the full number of eight days
^tendance if cavalry, or sixteen days if infantry, in the whole period of eight
sneoessive months ; and in defsiult of having so attended eight times if in the
cavalry, or sixteen times if in the infantry, in such eight successive months, he
dudl be struck out of the list of effective members, and returned in the muster
loU as non-effective, and shall be no longer entitled to any exemption under
tliis Act while so returned.
VIIL Provided also, and be it further enacted, that if any effective mem-
W of any corps of yeomanry or volunteers shall have attended at the usual
muster and exercise thereof the full number of twelve days if cavalry, and
twenty-four days if infantry, within any period of four succesHive months,
commencing from any day appointed by this Act for making a return, or
irithin any two successive periods of four months, each commencing as afore-
said, every such person shall in such case continue entitled to exemption, and
ahall be returned as an effective member, for the periods for which he would
bave been entitled to exemption and to be returned as an effective member
^ case he had, within such first period of four months, attended at the niu>it4;r
>od exerdse of such corps, four days if cavalry, and eight days if in&ntiy, and
^ like number of days in each of the two succeeding periods, according U}
Hte provisions of this Act.
Commanding
omcerH miij
grant leave of
absence to
memberH ; who,
ODnabsequently
completing
their foil num-
ber of days of
attendanc4%
shall be entitle<l
to exemption
aM effectives.
Members at-
tending tbi; full
y4'arly number
of dayn daring
any one or two
periodM <tff(mr
monthii Mball
be entitli^ to
exemption an
eilbctrves.
76 4,4, George III. c. 54^ A.D. 1803-1.
JIX,'J And be it furUier enacted, that all officers commanding corps of
' return of ThSr yeomanry and volunteers shall, on the first day of July and the first days
} corp» tt certain respectively of August and December succeeding the passing of this Act, and
i **" on the first days respectively of April, August, and December in every eucceed-
|; ing year, or within fourteen days after such days respectively, make retunu
I to the clerks of the general meetii^ of lieutenancy, according to the form a
I the schedule to this Act annexed marked (A-), for the usq of the lieutenants of
K their respective counties, and certify the same to be true in the form conl^nBl
^ in the schedule to this Act annexed marked (K) ; and every such commandite
t . officer shall in every such return specially state the number of men on tit
establishment, and also the number of supernumeraries allowed in such oap.
and shall also distinguish in every such return. the effective from the non-efTectiti?
members of such corps, and shall also state the names of all such persons li
have been admitted into and also all such as have joined their respective corfs
since the last day appointed by this Act for making a return, and the names t^
all persons atxsent on leave as aforesaid, and also the names of all persons wlu
shall have been discharged from or shall have quitt«d such corps since the la^t
e return, and shall also, in all cases where any exemptions are allowed under tlb^
i ' Act, distinguish the persons entitled to exemptions from such as are not entitled
f.- thereto, either by reason of the number of men enrolled in such corps exceedicg
I the tUlowed establishment thereof, or otherwise, and shall, in all cases wbete
r any arms required by any such corps at the expense of his Majesty shall not
' ' have been supplied, state such circumstance specially at the foot of the return,
I . and shall also at such periods as aforesaid make to his Majesty's prindpfil
i secretary of state, and to the general officer commanding the district (when aiiy
f , such shall be appointed), accurate returns of their respective corps, specifyiiisr
^. the numbers of effective and non-effective men in their corps at the time nf
I making such returns ; and all such lasl^mentioned returns shall be made a.t
t near as may he according to the description of the corps in the form in whieb
^ monthly military returns are usually made.
t Commanding X iStovtDED always, and be it further enacted, that it shall be lawful for tJie
cCTtiSLw/io* commanding officer of any corps of yeomanry or volunteers and he is hereby
eSeciive men required at the time of returning every muster roll of his corps to give lo
a^»%'^ every effective member thereof, who shall be resident or liable to be ballottoii
wbich shall for the militia or any other such additional force as aforesaid in any oth'^r
MexeTDpiiona county than that in which such muster rolls shall be returned, and whosbill
therein. require the same, a certificate in the form in the schedule to this Act annesfJ
marked (C) ;.and such certificate shall, on delivery thereof to the clerk of tke
general meetings of lieutenancy for the county where such person shall reside
or he liable to any such ballot, entitle such effective member to his exemptions
from service under this Act as effectually as if he had been returned to tlv
lieutenancy of the county in which he shall reside or be liable to be ballottel
as aforesaid in a muster roll under this Act.
FieM officers XI. Abd be it further enacted, that all field officers and ruljutants of voluutoer coqi'.
andsdjutanu and every person, serving in any corps of yeomanry or volunteer cavalry, who shall l*'
ofvolanieer returned in any such muster roll or be certified as aforesaid as an effective toember
corps, Nid per- thereof, and aa having used any horse, mare, or gelding for such service during socli
I* So much as relates to the periods for the trausmisaion of certificates and retniib,
rep., 7 Geo. 4. c 58. e. l-l
i.D. 1803-4. 44 George III. c. 54. 377
days of muster and exercise as aforesaid, and every person providing a horse, mare, or ?ons serving
geidiog for any other person serving as an effective member in any such corps, who ^^ yeomanry
shaO he returned as effective, and as having used such horse, mare, or gelding for such cayairy ex-
senrice during such days of muster and exercise, shall be exempt from the payment of empted from
snj daties in respect of such horse, mare, or gelding, so long as such horse, mare, or duty for horses
gelding shall be so used by an effective member as aforesaid ; Provided ^^^ »* muster
ahreys, that every such exemption from duty as aforesaid shall be returned and claimed ^ exercise,
J ' J mt y vct\t\ also Der—
io the manner in which exemptions are directed to be returned and claimed by an Act ^^^ proviSnff
passed in the last session of Parliament, intituled ^' An Act for repealing the several them.
** daties under the management of the commissioners for the affairs of taxes, and 43 Qeo. 3.
^ granting new duties in lieu thereof, for granting new duties in certain cases therein c. 161.
^* mentioned, for repealing the duties of excise on licences, and on carriages constructed
^ bj coachmakers, and granting new duties thereon, under the management of the said
*^ commissioners for the affairs of taxes, and also new duties on persons selling carriages
* by auction or on commission" JRep., Stat. Law Rev. Act, 1872. J : Provided also, Commanding
that the commaoidiiig officer of every such corps shall, before the fifth day of uver annual
July succeeding the passing of this Act, and between the fifth day of April and certificates to
the fiflh day of May in every succeeding year, deliver or cause to be delivered taxes in the
to any surveyor or inspector of taxes of the district wherein such cause shall be ^^,g ^^ ^
enrolled, or of any adjoining district, a certificate in the form in the schedule inaert therein
to this Act annexed marked (E.) ; and in case the same shall be a corps of ^^^^^^
yeomanry or volunteer cavalry, and any of the horses, mares, or geldings used vidmg horsea
by any effective member thereof for service therein shall be provided by any ^^^^ ^d^ts
other person or persons, such commanding officer shall also insert in such cer- of the persons
tificate the names of the several persons who shall provide any such horses, therevSSi.^
iDtt«s, or geldings, and shall also annex to such certificate affidavits of the
several persons serving in such corps for whom any horses, mares, or geldings
sliifl be provided, declaring respectively by whom the same are provided ; and
^^ person claiming to be exempted fipom the said duties shall be charged
and chargeable thereto, unless such certificate as aforesaid, and also such
affidavits in cases where the same are hereby required, shall have been delivered
pmsoant to the provisions of this Act ; which certificates, made up, returned,
and certified according to the form thereof in the said schedule marked (E.),
shall be deemed to be sufficient and valid for the purpose of proving such
claims to exemption as aforesaid ; Provided always, that if from any variation Where the re-
of circumstances or other reason the said forms hereby required cannot be ^l"^''^^ fo*"™*
•' * cannot be ad-
stnctly adhered to, any instruments of a similar import may nevertheless be herwi to, in-
admitted and received in proof as aforesaid, at the discretion of the respective a ^^^laHm-
commissioners actins: in the execution of the above-mentioned Act of the last port may be
session of Parliament for the district wherein such corps shall be enrolled,
and when so admitted and received shall be as valid for the purposes aforesaid
as if a certificate and affidavit had been delivered according to the directions of
ibis Act.
XIT. Provided always, and be it further enacted, that no members of any No corps to
corps of yeomanry or volunteers shall be entitled to any exemption under this ^emptions*^
Act, imless the commanding officer thereof shall at the times of transmitting unless the com-
the muster rolls in manner directed by this Act certify at the foot thereof ^rt^ra^th^lt'^
that such corps has been inspected at least once in the space of the preceding has been or has
four months by some general or field officer of his Majesty's regular forces, belnspec^d**
or if such inspection shall not have taken place, that such corps has been during the ,
ready and willing to be so inspected at its usual place or places and times of monthsf ^°'
loeeting.
878 44 GeOHQe III c. 54. _A.D. 1803-4.
fc^'dUidfOT ^'^^- -^^ ^ '^ further enacted, that no toUshan be demanded or taken at
boTseo rodo any tiimpike gate or bar for any horses, mares, or geldings rode by any perwa
incm-psrf belonging to any corps of ijeomanry, or by any field officer or staff officra u(
reomamy, or Volunteers, in going to any place for the purpose of exercise, or retnnmig there-
euff offlrere fi^ni, anjrthing in any Act or Acts to the contrary notwithstanding : Provided
of Toiunteera always, that every such person shall be dressed in the uniform of his cotps,
dw.&c. dressed ^'^^ have his arms and accoutrements according to tho regulations provided
in uniforai, for such corps at the time of claiming such exemption from toll as aforesaid
and amed and ° *
sccoutred. * • * * * * * ••
Penalty on XV. Ahd be it further enacted, that every commanding officer of any coriis
^ers^^ng of yeomanry or volunteers as aforesaid who shall knowingly make any &k
fftlse retoniH return of any muster roll of such corps, or give any false certificate under tbb
e^i^^^J^^" Act, shall forfeit for every such offence the sum of two hundred pounds, to be
recovered as any like penalty may be recovered under any Acts rehiting to
the militia, and to go and be applied to the use of his Majesty, his hein uul
Wben the pro- XYL And be It further enacted, that the lieutenants and deputy lieutenaots
^^^ flied "^ every county, when they fix at any general meeting the proportions of niea
to aerre in tha to serve in the militia or any such additional force for the several hundreds
ad^tio^""^ or other divisions, shall deduct the number of yeomanry and voluntein
force, such bk exempted as aforesaid from the number of persons liable to the ballot, and
shall be i^ apportion the quotas for the several divisions accordingly ; and the depnty
ducted, and the lieutenants at their respective subdivision meetings shall in like manner
tioned tt&jotd- apportion the quotas for the several parishes, tythings, and places ; Provided
ingiy, &c, always, that when a greater number of men are actually serving for any
division, parish, tythiug, or place than would be due from it according to the
last made apportionment, the surplus shall not be discharged, but as vacancies
occur such vacancies shall be supplied from such divisions, parishes, tythings,
or places as by the last made apportionment are most deficient.
Per«ons en- XVII. AsD be it further enacted, that nothing in this Act or in any other
Teomiiury or Acta Contained shall exempt any person enrolled or serving in any corpe of
volunteers not yeomanry or volunteers from being ballotted to serve in the militia, or any
from tailoi*" ^i<^ additional force as aforesaid ; and the deputy lieutenants at their resjK'c-
and notice to tive subdivision meetings shall enter in a separate list the names of all pentons
such u^"are '^^'^ ^^^^ have been chosen by ballot to serve in the militia, or such additional
chosen, who force as aforesaid, during iiie periods of such persons being exempt from
diatciy liubic service under this Act, in the order in which they shall be so chosen, and
toBcrvuon shall, notwithstanding such exemptions, give notice thereof ,to the peraous s.)
corps or bvbg chosen, but shall at the same time apprize such persons that they are exemptt'l
■ long as they shall continue effective members of anoh
corps of yeomanry or volunteers ; and every such person shall, if he shall quit
such corps, or be discharged therefrom by his commanding officer for non-
attendance or any misconduct or misbehaviour under the provisions of this
Act, during the continuance of the present war or until six mouths a&et ilw
exchange of the ratifications of a definitive treaty of peace, be immediately
liable to serve for the full period of service for which he shall have been
chosen by baUot ; and every such person shall, in the order in which he shall
have been entered on such lists, fill up any vacancy that may then be or maj'
thereafter arise, in such militia or additional force as aforesaid in and for tite
A.D. 1803-4
44 George IIL c 54.
379
sabdivisioii for which he shall originally have been ballotied, and shall im-
medifttely on any such vacancy arising be enrolled to servo or find a subHtituio
to seire in such militia or additional force as aforesaid for such full period of
senrioe as aforesaid^ to commence from the time of his enrolment or finding a
gatistitute as aforesaid ; and every such person who shall refuse or neglect so
to senre, or find a substitute to serve^ shall be liable to all the penalties,
foifeibires, and provisions contained in any Act or Acts relating to the militia
(NT such additional force for neglecting or refusing to serve or find a substitute :
Provided always^ that nothing herein contained shall extend or be construed '^^^ ^<*t myt
to extend to deprive any such person who may, at the time of his being sum- porMonH o^'" *
monad to attend for the purpose of being enrolled or of finding a substitute *^^y ^*}^^^'' *'^'
to serve as aforesaid, be entitled to any other exemption fi-om serving in the nmyimentiUril
militia or other additional force as aforesaid from claiming and having the full ^'
benefit of such exemption.
XTX. Provided also, and be it further enacted, that where any person who
shaD, on account of changing his place of residence to any other parish or
distriet, quit any corps of yeomanry or volunteers in which he shall have l>een
an effective member and entitled to exemption as such up to the time of his
qoitting the same, shall, within ten days after he shall quit such C(>r\m, quvoI
kimself in any other corps of yeomanry or volunteers, every such ]:>er8on shall,
upoQ producing to the commanding officer of the corps in which he shall have
li^eorolled himself a certificate of the number of days on which he shall
hare attended the musters and exercise of the corps which he has no quitU^
fwitth certificate the commanding officer thereof is hereby required U) give),
k entitled to the benefit of the number of days sjiccified in such certificate,
aod shall and may, on completing the number of days of attendance at muster
and exercise required by this Act in the cor{>s in which he shall tiave lai^t
6mt)]Ied himself, be entitled to be returned and shall be returned b» an effective
member of such corps, and shall continue to be entitled to exemption bh such
in like manner as if he had, from the time of his enrolment in the coq/h whicli
he shall have q[uitted, been an effective member of the coq^s in which he shall
Uve last enrolled himself: Provided always, that if the c^/rj^ in which Hw;h
person shall have last enrolled himself anrl the e^^r^js which he Mtiall have
quitted shall not belong to the same subdivision, and such if^mtm hliall at any
time thereafter be diosen by ballot to serve in the militia or huch a/l/iitio/ial
force as aforesaid for the suTjdivision Vf which the ooq/s in whidj h<; hljall
bave last enrolled himself shall belon;;^. .•frjch jjerv^n sluill no \hwjfir be liaW^j X/p
•arc or to find a substitute to serve in tlie militia or %uch a/Mhioiax] forc^j for
the sabdiviaon to which the oorji^ which Le *thall have fjuhuA feliaJJ \^:h/U'^,
althoo^ he may have been cLos€n by \j^fA to fe^^rve for *uch buni-mt^nUfmiA
sohdi vision.
AXD be it funLer enaeu?dL that *f\*ry ytr*¥ju ^sfAl^A \u «.r 4'/fr\f* #/ M^Oj»^ Oj
or Tohmt€<T« h^ffjre xLh ja— 'li;; of ti:% A'4- "iii» njd.., uA \iix\*' uk<%'; tl>: **** **^ '^*'*'
require br am Act of tb*- J!^< **y^'y,L 'A Vz^/je^^tA, a/>'i {ii>';/-, V^u '^ *"*^ *'*''*
1*C2,} eveiy perv-n wi^o ^Ljilj !>; ^xro-lf?d in zxiy ^/j/:h ^:^jrin nl^^fr
<X tius Aet fehaJl take tLe oadi of alLegiazieTes t/y hU Mji/^fXy \ ar^'J
may and -iiaU >«e '^^iiiS'Al*^^,r*/\ to ;giJJ
be ennfl^ in zsij vidi ecir:>«i aiver ti**: \^^,u'/ of tiJ*
Effective) m(*m«
bor»( quitting
eurolliii^ t Infill*
KelvcN ill
mioOrt nhitll
hav<; tb« )>#>fi4'fit
of tfu'ir ttCt47ii(i.
WLXCAi ill th«
utui ciftitiatM
ct>rAiui/}y \
iind, if ttftiff
wardN t',\um*n
}ty bftJl/H Ut
tuifyf for thi?
ftuMivijif//n i/t
fffftn wrviiji;
ftfr ihii puU
otdi of
lawReir
the
soA oadi
3S0
44 George IIL g 54.
A.D. 1803-4.
Adjntants, Ser-
jeant majors,
and others, irho
«t«Dt pay, ehaH
be suljject to
the Mulmy Act
and Articlea of
War, aocl liable
to be tried by
conrtS'ioartia],
composed of
jreomamy or
volunteer offi-
cers ; but no
piinishmeDt
shall extend to
life or limb, ex-
cept OD certain
corps shall
assemble and
march accord-
ing to the
terms of their
services,' and
members
neglectioff to
be deemed de-
Such corps
shall then bo
subject to the
Mutiu; Act
nod Articles
of War;
as also shall
corps volmi-
tariljateem-
Act, as soon as may ba after their enrolment in such corps, by any deputy
lieutenant or justice of the peace, or by any commissioned officer of such corps.
XXI. And be it further enacted, that such of the adjutants, serjesjit majon,
drill Serjeants, and Serjeants serving in any corps of yeomanry or volunteers u
receive the constant pay of their rank therein, and all trumpeters, buglemen,
and drummers serving in any such corps and receiving any pay sa such therein
from his Majesty or otherwise, either at any daily or weekly rate, and also al
farriers, being attested and serving in any such corps and receiving any Budi
pay therein, sbail at all times be subject to any Act which shall be in force fw
punishing mutiny and desertion and for the better payment of the army and
their quarters, and to the Articles of War established for the better govem-
ment of his Majesty's forces, and shall be liable to he tried for any crime
committed against such Act or Articles of War by any general or detachmeijt
or regimental court-martial, according to the nature and degree of the offence,
in like manner and under the like regulations as adjutants, serjeant majcH':^
Serjeants, corporals, or drummers of his Majesty's militia forces: Provided
always, that every such court-martial shall he composed wholly of oiEcers oi tbe
yeomanry or volunteer establishment, and that no punishment awarded by sucli
court-martial shall extend to life or limb, except when such corps are callfd
out in cases of invasion or appearance of an enemy in force upon the coast
XXII. And be it further enacted, that in all cases of actual invasion or
appearance of any enemy in force on tbe coast of Great Britain, or of rebellion
or insurrection arising or existing within the same on the appearance of any
enemy in force on the coast or during any invasion, all corps of yeomanry and
volunteers shall, whenever they shall be summoned by the heutenants of tie
counties in which they shall be respectively formed, or their vice-lieutenants,
or deputy lieutenants, or upon the making of any general signals of alarm,
forthwith assemble within their respective districts, and shall be liable to
march according to the terms and conditions of their respective services,
whether the same shall extend to any part of Great Britain, or be limited w
any district, county, city, town, or place therein ; and all persona then enrolled
in any such corps, not labouring under any infirmity incapacitating them from
military service, and not holding a commission or serving in any of Ks
Majesty's other forces or in any other such corps of yeomanry or volunteer
and actually joining such corps, who shall refuse or neglect to join thar
respective corps and to assemble and march therewith upon any such sum-
mons or general signal of alarm as aforesaid, shall be deemed deserters, tuiil
shall be subject to punishment as such ;' and all such corps of yeomanry and
volunteers, and all officers and non-commissioned officers, drummers, ami
private men therein shall, upon and from the time of such summons, or uf
such general signals of alarm being made as aforesaid, and until the eDeiny
shall be defeated and expelled, and all rebellion or insurrection then existii^
within Great Britain shall be suppressed (the same to be signified by b^
Majesty's proclamation,), continue and be subject to all the provisions col-
tained in any Act of Parliament then in force for the punishment of mutiny
and desertion and for the better payment of the army and their quarters, ami
to any Articles of War made in puisuance thereof, in all cases whatever,
XXIIL And be it further enacted, that whenever any corps of yeomanryor
volunteers shall, with the approbation of bia Majesty, signified through hia
LD. 1803-4. 44 George III. c. 54. 381
principal secretary of state, voluntarily assemble or march to do military duty Wing or march-
upon any appearance of invasion, or for the purpose of improving themselves J^^^^^y "^^f
m military exercise, except in the case herein-after specified as to corps of excjept as
yeomanry cavalry, or shall voluntarily march on being called upon in pur- gp^fiedL ^
soance of any order from the lieutenant or sheriff of the county to act within
the county or adjacent counties for the suppression of riots or tumults, all such
corps of yeomanry or volunteers shall, in all such cases, from the time of so
assembling or marching as aforesaid, and during the period of their remaining
on such military duty or being engaged in such service as aforesaid, be subject
to military discipline, and to all the provisions of any Act then in force for
the punishment of mutiny and desertion and for the better payment of the
army and their quarters, and to any Articles of War made in pursuance thereof
XXTV. And be it further enacted, that in all cases in which any corps are His Majesty
assembled or marched on any summons or general signal of alarm, or are TOros^under^
Toluntarily doing military duty as aforesaid, under any of the provisions of the command
this Act, it shall be lawful for his Majesty to put such corps under the com- officers S^ho
mand of such general officers as his Majesty shall from time to time be pieced ^^^.u appoint,
to appoint for that purpose, or as shall be then commanding in the districts by their re-
in which such corps shaU respectively be assembled, marched, or doing mili- spective offi-
taiy duty : Provided always, that such corps shall be led by their respective effective mem-
officers under such command as aforesaid ; and i;o person enrolled or serving v^uf ^?^i?^
in any such volunteer corps, so long as the service of such corps shaU be con- placed in any
tinned by his Majesty, and as such person shaU remain an effective member ^her*for ^^ ^^^^
tiaeof, shall be liable to be placed in any regiment, battalion, or corps of
ngnlars, militia, or fencibles, without his free consent first had and obtained.
IKV. Provided always, and be it further enacted, that no officer of any No officer of
- o
eorps of yeomanry or volunteers shall sit on any court-martial upon the trial ghaU sit'^on the
of any officer or soldier of his Majesty's other forces, nor shaU any officer trial of any
serving in any of his Majesty's other forces sit on any court-martial upon the of t^c other ^^
trial of any officer, non-commissioned officer, drummer, trumpeter, or private forces or con-
man in any corps of yeomanry or volunteers. , ramTLsc.
XXVI. And be it further enacted, that all officers in corps of yeomanry or Rank of offi-
vdunteers, having commissions from his Majesty, or lieutenants of counties. ^^^^ *° ^^^ -
' o ^ ... yeomanry, &c.
or others who may be specially authorized by his Majesty for that purpose,
shall rank with the officers of his Majesty's regular and militia forces as the
youngest of their respective ranks.
XXVII. And be it further enacted, that it shall be lawful for any com- Commanding
mandiog officer of any corps of yeomanry or volunteers, when not summoned c^^T^when
or assembled upon actual service in case of invasion or appearance of the not on actual
enemy in force upon the coast, to discharge any member of the corps under disdhanre *^
kis command, not being a commissioned officer, for any disobedience of orders members, not
or breach of discipline while under arms, and also for any neglect of attendance sione/officew,
and duty, or misconduct, or improper behaviour as a member of hig corps, or fordisobedi-
for other sufficient cause, the existence and sufficiency of such several causes &c. '
respectively being to be judged of by such commanding officer, and imme-
diately to strike such person out of the muster roll of the corps to which he
shall belong: Provided always, that every such person shall remain liable to
all the provisions of this Act, as to compelling the payment of any subscrip-
tions, or arrears of subscription, or fines and forfeitures, incurred before or at
44 Geoboe in. c 54.
A-D. 1803-4.
aS&H anj re-
gulstioiis aa to
digcharge ap-
proved by his
Majesty,
nor to prevent
his Miyeety
from Bigoifying
reipectiog dis-
cWges, &o.
Where lueh re-
gulations shall
not provide for
uucondkict
under unns,
the cooimand-
ing ofBcer may
disallow the
day on which
the party mis-
conducted him-
self as a day
of atCeDdance,
conducting
tbcmselvcH
during exer-
cise, &c. may
bo ordered
into custody.
Members '
may quit their
corpa, except
when called
nor I ill arms,
&c. Khali have
been delivered
up and all sub-
scriptions, &c.
the time of such discharge, and as to the delivering up and restoring of amis,
accoutrements, and clothing, as herein-after mentioned : Provided also, that
nothing herein contained shall extend or be construed to e^rtend to ahrc^tc
or afTect any rules or regulationa of any such corps which have been or may
be approved hy his Majesty, and which are or may be applicable to the dis-
charge of any member of any corps when not summoned or assembled upon
actual service : Provided also, that nothing herein contained shall be constniwi
to extend to prevent his Majesty from signifying his pleasure in snch manner,
and giving directions with respect to any such case of discharge, or in respect
to any rules and regulations with regard to any cases of discharge, as to hia
Majesty shall appear most just and proper.
XXVIII. Provided always, and be it further enacted, that where the rales
and regulations, approved or to be approved by his Majesty, of any such corps
shall not provide for any such cases of misconduct, disobedience of orders,
or breach of discipline while under arms, it shall be lawful for any com-
manding officer, in any such case of misconduct under arms as aforesaid,
to disallow to the person so misconducting himself the day on which he
shall have so misconducted himself, as a day of attendance, for the purpose
of entitling him to any exemption under the provisions of this Act, and to
direct that he shall forfeit one day's pay, in cases where any pay is allowed,
or either to diaaUow any such day of attendance, or to direct the forfeiture
of one day's pay, as such commanding officer shall in his discretion think fit;
and which pay such person so misconducting himself shall forfeit accordingly.
XXIX And be it further enacted, that from and after the passing of this
Act every person who shall not, during the times of training and exercise, or
of his being under arms, or wearing the clothing or accoutrements of the
corps, and going to any place of exercise or assembly of the corps, conduct
himself in a decent and orderly manner, or shaU not obey the lawful command
of the officer or officers commanding, may be ordered by snch officer into the
custody of any person or persons belonging to such corps for the time during
which such corps shall then remain under arms.
XXX. And whereas doubts have arisen as to the right of persons enrolled
in corps of yeomanry or volunteers to withdraw themselves from or quit tie
same, and it is expedient that such doubts should be removed : For remedy
whereof be it therefore declared and enacted, that from and after the passing
of this Act it shall be lawful for any person enrolled in any corps of yeomanry
or volunteers at any time (except when summoned, or a^embled upon actual
service, in case of actual invasion or appearance of the enemy in force upwi
the coast, or voluntarily assembled for the purpose of doing military duty,
under any of the provisions or in any of the cases specified in this Act,) to
quit such corps ; and such person shall accordingly be struck out of the muster
roll of such corps in the manner and under the conditions herein-aftff
mentioned.
XXXI. Provided always, and be it further enacted, that from and after
the passing of this Act no such person shall be entitled to quit any such corps
without giving fourteen days notice in writing of such his intention to the
commanding officer thereof, nor until he shall have delivered up to such cnm-
manding officer, or to some person appointed by him to receive the same, all
arms, accoutrements, clothing, and appointments that shall have been furnished
AJ). 1803-4
d<4 Geobqe III c. 54.
383
'i
to him at the public expense, or by any other person, or at the charge of any
sabscription for famishing such articles, in good order and condition (reason-
able wear and tear only excepted), and shall have paid all subscriptions and
airean of subscriptions, and also all fines and penalties incurred by him, under
any of the rules and regulations of his corps, either before or ait the time of or
by reason of his quitting such corps : Provided always, that if any person
enrolled in any corps of yeomanry or volimteers, other than and except the
persons herein-before mentioned as receiving the constant pay of their rank,
shall at any time hereafter enlist in any of his Majesty's forces, or shall enrol
himself as a substitute or volunteer in the militia or any such additional force
as aforesaid, every such person shall, immediately after such enlisting or enrol-
ment, be considered as discharged to all intents and purposes from such corps of
yeomamyor volunteers ; and the commanding officer of such corps of yeomanry
or volunteers shall, upon such enlisting or enrolment being duly notified to him,
and upon receiving back from such person the arms, accoutrements, clothing,
ind appointments of such person, in the manner before mentioned, strike the
name of such person out of the muster roll of such corps of yeomanry or
yolunteers, and shall specially certify the same in the next return to be made
imder the provisions of this Act
XXXII Provided also, and be it further enacted, that every person who
AaU quit any corps of yeomanry or volunteers, or be discharged therefrom for
lOQ-attendance or any misconduct or misbehaviour as aforesaid, shall imme-
tody thereupon, unless otherwise exempted, become liable to serve, if he
shall kve before been chosen or shall thereafter be chosen by baUot; in the
mEiia or such additional force as aforesaid, and
tieoanmianding officer of every such corps shall forthwith certify the quitting
ordwcharge of such person to the clerk of the general meetings of the county
in which such corps shall be formed,
XXXIII. Provided also, and be it further enacted, that it shall be lawful
for any person who may have given notice in writing to the commanding
officer of his corps of his intention to resign, and who may think himself
aggrieved by reason of any such commanding officer refusing to strike his
name out of any such muster roll, on account of any subscription or arrears of
subscription, or any fines, penalties, or forfeitures not having been paid, or of
any arms, accoutrements, clothing, or appointments not having been delivered
up, or not having been delivered up in good state and condition, or on any
other account whatsoever, to appeal to any two deputy lieutenants of the sub-
division in which such corps shall have been formed, or of any adjoining
subdivision, or to any one deputy lieutenant and one justice of the peace
actmg within any such subdivision (not being members of such corps) ; and it
shall be lawful for such deputy lieutenants and justices of the peace aforesaid
to hear and determine such appeal, and to examine any person or persons
thereon, upon oath (which oath such deputy lieutenants and justices of the
peace aforesaid respectively are hereby authorized to administer), and to dis-
charge such person from such corps, if they shall think, under aU the circum-
stances, that such person hath complied with the provisions of this Act, and to
order the commanding officer forthwith to strike such person out of the muster
roll of such corps, or to order and direct the pajonent of any such sum of
money as may appear to them ought to be paid by such person, in respect of
Members
not receiving
constant pay
who enlist in
his Majesty's
forces, &c.
shall be con-
sidered as dis-
charged.
Persons quit-
ting their corps
or discharged
for misconduct
shaU become
liable to serve
in the militia,
&c. ; and sach
quitting or
discharge shall
be certued by
the conmiand-
ing officer to
the clerk of
the general
meetings.
Persons think-
ing themselves
aggrieved by
commanding
officer refusing
to strike their
names out of
the master rolls
may appeal to
two deputy
lieutenants, or
one and a jus-
tice, who may
determine the
same.
384) 44 Geoboe III. c. 54. A.D. lS()3-4,
any such subscription or arrcfirs, or fines, penalties, or forfeitures as affiresaid,
or to order and direct the delivery of any arms, accoutrements, clothinif, or
appointments, or the payment of any such sum of money as shall ap])ear to
thom to be reasonable for any loss of arms, accoutrements, clothing, or appoint-
ments, or any damage that may have been done thereto before such disthai^o;
and all such sums of money shall and may be levied, recovered, and applitii in
like manner as any like fines, penalties, forfeitures, or sums of money inay bt
recovered and applied ; and the determination of such deputy lieutenaint^ am]
justices of the peace aforesaid shall be final and conclusive to all intents ^d
purposes whatever,
e |X2XVI.»J And be it forther enacted, that when any corps of yeomanry
or volunteers shall have assembled on any summons of any lieutenant of the
lieatenant, &o. county iu which they shall be respectively formed, or his vice-lieutenant or
geneiS^^7he deputy lieutenants, or upon the making any general signal of alarm as afore-
taies in Eng- said, the receiver general of the rates and duties under the management of
collector of the *^^ Commissioners for the afiairs of taxes for the county, riding, or phwe, if in
™'^''; ^- England, and the collector of the cess of the county, if in Scotland, to which
to the captain Such corps shall belong, shall and is hereby required to pay to the captniit or
of each troop other commanding officer of any troop or company of such corps the sum of
two guineas for two guineas for the use of every volunteer in such troop or company who
eschiniin; and giiaji gQ assemble : and whenever any such corps shall hereafter voltntaiilv
wnen corps arc . i i -i- i « . .
volunuriir as- assemble to do military duty upon any appearance of invasion or foi- tiic
Mmbled, the purpose of improving themselves in military exercise undf r the proviKions of
order a guinea this Act, it shall be lawful for the commissioners of his Majesty's Trea^iin- t«i
to b^^d^ order and direct that any sum, not exceeding one guinea for every volunteer
like nuuuier. who shall so assemble, shall be paid to the captain or other comnmndini,'
officer of every troop or company of such corps ; and such sum, not exceeding
one guinea, shall upon every such order be paid by every such receiver
general or collector aforesaid to the captain or commanding officer ol" eacli
troop or company as aforesaid ; and the money so received in any of the m-i ■
aforesaid by any captain or other commanding officer, or so much thea'ol ;vs
such captain or other commanding officer shall think necessary, shall l>c Iu '
CBpiaius to lay out in providing necessaries for each such volunteer; and such captain it
out money ia commanding officer shall, within one month after the receipt of such ui' ul'^ .
account to thy account to the several persons for whose use the same shall have been received,
'"^''' how the same hath been applied or disposed of, and shall at the time of
settling such account pay the remainder, if any, to the persons eiiliyed
and not to draw thereto; Provided always, that nothing herein coii-
fcr\he*i^ tained shall extend to authorize the captain of any such troop or company to
of men not demand, dnvw for, or receive any such sum, or any part thereof, for Uie use
es'f'ng "■ of j^jiy person or persons serving therein who shall not desire to be entitl.tl w
the benefit tliereof.
Yeomanry, ftc. XXXVII. Amd be it further enacted, that all persons enrolled in any eoi^s
bicd'onlnva- *>f yeomanry or volunteers, when assembled as aforesaid on any invasion, or
{■ So much as directs that the sums mentioned in this section shall be i:^suecl by the
receivers gcnei'al of the taxes, if in England, and by the collectors of the cess, if i"
Scotland, rep., 7 Geo. 4. c. 58. s. 4.J
JLD. 1808-4.
44 George III. c. 54.
385
appearance of the enemy in force on the coast, or for the suppression of rebel-
lion or insurrection, or when voluntarily assembled and doing military duty
with the approbation of his Majesty, under any of the provisions of this Act,
diaD be entitled to and shall receive pay during the periods of their so remain-
ing assembled as aforesaid, in such manner, and after- such rates, according to
ihcdr respective ranks and situations in such corps, and be entitled to be
quaitered and billeted, in like manner in every respect and under and subject
to the same r^ulations, as the officers, non-commissioned officers, drummers,
and private men of his Majesty's other forces, as far as the same shall by his
Maj^ be deemed applicable to yeomanry and volunteer corps.
IXXVin. And be it further enacted, that whenever any corps of yeomanry
or Yolunteers shall be so assembled or marched as aforesaid on any invasion or
^pearance of an enemy in force upon the coast, or in case of any rebellion
or insurrection arising or existing as aforesaid, or of riots or tumults, or for
the purpose of voluntarily doing military duty under any of the provisions
of this Act^ all persons enrolled therein who shall join on such assembling
and marching as aforesaid, and who shall leave families unable to support
thonselves, shall, during the period of their absence or service on military
duty as aforesaid, be entitled to such and the like relief for their wives and
families, and under such and the like circumstances, aa are mentioned in two
several Acts passed in the last session of Parliament for providing relief for
tte families of militia men in England and Scotland respectively when called
«it into actual service ; and for that purpose all the rules, regulations, pro-
^^iaoiB, powers, authorities, penalties, and forfeitures in the said last-mentioned
Aetsiepectively contained shall extend and be construed to extend to the
|n^ such relief as aforesaid, as fully and effectually as if the same were
ham enacted: Provided always, that all sums of money which shall be
advaneed and paid to the wives and families of such men in England under
anj order for that purpose shall, upon delivery of a quarterly account of the
payment thereof, certified and signed by two justices of the peace of the
eoonty in which such relief shall be given, be repaid to the overseer or over-
seers or parish officer or officers who shall have advanced the same by the
reedver general of such coimty out of any public money in his hands, and
dttU be allowed in the account of such receiver general : Provided also, that
iu> assessment shall be made to make good the amount of any sums paid for
sadi relief to such wives and fSamilies in Scotland under this Act, in the
Buomer directed by such last-mentioned Act relative to Scotland, to make
good the sums paid to the wives and families of militia men pursuant thereto.
XXXEL And be it further enacted, that after the defeat and expulsion of
the enemy from Great Britain, and suppression of any such rebellion or insur-
rection, to be notified as aforesaid, all corps of yeomanry or volunteers, which
shall have been assembled and marched out of their respective counties, shall
forthwith be retomed to their respective counties ; and the sum of one guinea
diall be paid, under the direction of any general or other superior officer under
^ihtm command such corps shall then happen to be, to every such person
ibmia so permitted to return home as aforesaid, who shall be willing to
jmeive the same, over and above the usual rate of pay to which such person
iAall be entitled, in order the better to enable him to return to his parisL
YOU TV. B B
sioD, &c. to
receive pay and
be billeted as
the other
forces;
and their fiuni-
lies shall be
entitled to the
same relief as
the fiunilies of
militiamen.
48 Geo. 3. €.47.
43 Geo. 3. c. 89.
Mdnies ad-
vanced to sach
fiuniliesin
England to be
repaid to the
OTeneenby
thereceiTer
general of the
coontjr.
No asMssment
to be made in
Scotland for
repayment of
such money.
Aiker defeat
of the enemy,
&c the corps
shall be re-
tamed to their
eonnties, and a
gmncapaidto
each man will-
ing to reecsTe
376
44 Geoeqe III. c. 64^
AD. 180M-
Comnunduiff
officers to make
returns of (heir
efiectiie men
reeidinfi in
other places,
vtiich Hhall
eniitle them
Field officers
&nd adjutants
of Toluoteer
corps, and pei^
JIX.»I And be it further enacted, that all officers commanding corps of
yeomanry and volunteers shall, on the first day of July and tlie fir>t ilavs
respectively of August and December succeeding the passing of thi,-; Act, auJ
on the first days respectively of April, August, and December in evuiy siiccct-l-
ing year, or within fourteen days after such days respectively, luaku r.-tum^
to the clerks of the general meetings of lieutenancy, according tn the f-nn in
the schedule to this Act annexed marked (A), for the usq of the liiaibiiiinl- ni
their respective counties, and certify the same to be true in the form c< imaiim!
in the schedule to this Act annexed marked (B.) ; and every such oiniimandiQg
officer shall in. every such return specially state the number of ti:i>n i.m llw
establishment, and also the number of supei'numeraries allowed ic e^ucfa coqif^t
and shall also distinguish in every such retum.the effective from the iion-efi'ecUve
members of such corps, and shall also state the names of all such pi^rsuns a.^
have been admitted into and also all such as have joined their respective earje
since the last day appointed by this Act for making a return, and tho names of
all persons al»ent on leave as aforesaid, and also the names of all jiersoiis who
shall have been discharged from or shall have quitted such corps since tlie last
return, and shall also, in all cases where any exemptions are allowed under tWs
Act, distinguish the persons entitled to exemptions from sucli as aro not entitled
thereto, either by reason of the number of men enrolled in such corps exceeding
the allowed establishment thereof, or otherwise, and shall, in all cases v
any arms required by any such corps at the expense of his Majesty shall
have been supplied, state such circumstance specially at the foot of tho return,
and shall also at such periods as aforesaid make to his Majesty's {>rincii)al
secretary of state, and to the general officer commanding the district ( wlun ariv
such shall be appointed), accurate returns of their respective corp.^, ypeeifyint;
the numbers of effective and non-effective men in their corps at the tiiiic of
making such returns ^ and all such last-mentioned returns shall 1>e oia<lead
near as may be according to the description of the corps in the form in wliicli
monthly military returns are usually made.
X. Pbovided always, and be it further enacted, that it shall be lawful for the
commanding officer of any corps of yeomanry or volunteers and he is liei'cby
required at the time of returning every muster roll of his corps to give to
every effective member thereof, who shall be resident or liable to lie hallothxl
for the militia or any other such additional force as aforesaid in any oihvr
county than that in which such muster rolls shall be returned, and wlio MliaJi
require the same, a certificate in the form in the schedule to this Act aunexeJ
marked (C.) ;.and such certificate shall, on delivery thereof to the clerk of tha
genera! meetings of lieutenancy for the county where such person shall reside
or be liable to any such ballot, entitle such effective member to his cxeraptjoos
from service under this Act as effectually as if he had been returned to tia
lieutenancy of the county in which he shall reside or be liable to be ballottei
as aforesaid in a muster roll under this Act.
XI. AMD be it further enacted, that all field ofiicers and adjutants of vol iiiit-jer corps,
and every person serving in any corps of yeomanry or volunteer cavalry, ivhu sliuJI l«
returned in any such rauater roll or be certified as aforesaid aa an effective member
thereof, and as having used any horse, mare, or gelding for such aervice during such
J» So much as relates to the periods for tho transmission of cerUficaieij and reWnw,
rep., 7 Geo. 4. c 58. s. l.J
J
A.D. 1803-4. 44 George III c. 54. 377
days of muster and exercise as aforesaid, and every person providing a horse, mare, or fons serving
veldiog for any other person serving as an effective member in any such corps, who ^^ yeomanry
shaO be returned as effective, and as having used such horse, mare, or gelding for such cavalry ex-
servioe during such days of muster and exercise, shall be exempt from the payment of emptedirom
any dnties In respect of such horse, mare, or gelding, so long as such horse, mare, or duty for horeefl
geiding shall be so used by an effective member as aforesaid ;..... Provided used at muster
ahroys, that every such exemption from duty as aforesaid shall be returned and claimed ^ exercise,
axicl also Der—
in the manner in which exemptions are directed to be returned and claimed by an Act g^^g proyidinff
passed in the last session of Parliament, intituled '* An Act for repealing the several them.
^ daties under the management of the commissioners for the affairs of taxes, and 43 Geo. 3.
" granting new duties in lieu thereof, for granting new duties in certain cases therein c. 161.
" mentioned, for repealing the duties of excise on licences, and on carriages constructed
" by coachmakers, and granting new duties thereon, under the management of the said
** commissioners for the affairs of taxes, and also new duties on persons selling carriages
* byanction or on commission" JRep., Stat. Law Rev. Act, 1872.? : Provided also, Commanding
, A r ' 'A ' officers to de-
that the commanding officer of every such corps shall, before the fifth day of nver annual
July succeeding: the passing: of this Act, and between the fifth day of April and certificates to
.^ X surveyors of
the fifth day of May in every succeeding year, deliver or cause to be delivered taxes in the
to any surveyor or inspector of taxes of the district wherein such cause shall be ?7"/S ^.^^ a
enrolled, or of any adjoining district, a certificate in the form in the schedule insert therein
to this Act annexed marked (E.) ; and in case the same shall be a corps of ^^^^^
yeomamry or volunteer cavalry, and any of the horses, mares, or geldings used aiding horses
by any effective member thereof for service therein shall be provided by any i^nex^^dirSts
other person or persons, such commanding officer shall also insert in such cer- of the persons
tificate the names of the several persons who shall provide any such horses, Sereidtii.^
iDues, or geldings, and shall also annex to such certificate affidavits of the
ftTenl persons serving in such corps for whom any horses, mares, or geldings
sWI be provided, declaring respectively by whom the same are provided ; and
tray person claiming to be exempted from the said duties shall be charged
xnd chargeable thereto, unless such certificate as aforesaid, and also such
affidavits in eases where the same are hereby required, shall have been delivered
pursuant to the provisions of this Act ; which certificates, made up, returnqd,
and certified according to the form thereof in the said schedule marked (K),
shall be deemed to be sufficient and valid for the purpose of proving such
claims to exemption as aforesaid : Provided always, that if from any variation Where the re-
ef circumstances or other reason the said forms hereby required cannot be ^""^^ ^'*™;
, , . _ , •/ T. cannot be ad-
swictly adhered to, any instruments of a similar import may nevertheless be hered to, in-
admitted and received in proof as aforesaid, at the discretion of the respective ^^ii^^-^,
commissioners acting in the execution of the above-mentioned Act of the last port may be
session of Parliament for the district wherein such corps shall be enrolled, *^^**'*^-
and when so admitted and received shall be as valid for the purposes aforesaid
as if a certificate and affidavit had been delivered according to the directions of
this Act.
XIT. Provided always, and be it further enacted, that no members of any No corps to
corps of yeomanry or volunteers shall be entitled to any exemption under this exemptions*'^
Act, unless the commanding officer thereof shall at the times of transmitting unless the com-
the muster roEs in manner directed by this Act certify at the foot thereof ^^i&h^T
that such corps has been inspected at least once in the space of the preceding has been or has
four months by some general or field officer of his Majesty's regular forces, be^nsp^ed^
or if such inspection shall not have taken place, that such corps has been during the ,
ready and willing to be so inspected at its usual place or places and times of m^ithsf ^^^
nieeting.
S78 44 Geoboe III c. 54. A.D. 1803-4.
ieV^^e^ ^m- ^^ ^6 ^*' further enacted, that no toUshaU bo demanded or taken ^
hoTsen rodo any tumpike gate or bar for any horses, mares, or geldings rode by any person
fncwpB^ belonging to any corps of lyeomanry, or by any field officer or staff officerof
yeomant;, or Volunteers, in going to any place for the purpose of exercise, or returning there-
sMffoffl^ from, anything in any Act or Acta to the contrary notwithstanding: Provided
of volnnteere always, that every such person shall be dressed in the uniform of his corps,
eiBe,Sn:. dressed *"*^ h&vB his arms and accoutrements according to the regulations provided
in uniform, for such corps at the time of claiming such exemption from toll as aforestud.
aai aimed and * " ^
accoutred. ••••*•*••
Penally tai XV. AwD be it further enacted, that every commanding officer of any corps
oSceni'malfng "f ycomonry or volunteers as aforesaid who shall knowingly make any false
hiae retnniH return of any muster roll of such corps, or givo any false certificate under this
._*v- ^ Act, shall forfeit for every such offence the sum of two hundred pounds, to he
recovered as any like penalty may be recovered under any Acts relating to
the mUitia, and to go and be applied to the use of his Majesty, his heirs aad
When the pro- XVI. And be it further enacted, that the lieutenants and deputy lieutenantB
^u'are fixed "f every county, when they fix at any general meeting the proportions of men
, to Mrre in tlie to serve in the militia or any such additional force for the several houdreda
sdiLtionol"'^ or other divisions, shall deduct the number of yeomanry and volunteeia
force, Euch as exempted as aforesaid from the number of persons liable to the ballot, and
Bhail^^ apportion the quotas for the several divisions accordingly ; and the deputy
^ . ducted, and the lieutenants at their respective subdivision meetings shall in like raannn
dlied ^^iS- apportion the quotas for the several parishes, tythings, and places : Provided
ingiy, &c. always, that when a greater number of men are actually serving for any
division, parish, tythlng, or place than woiild be due from it according to the
last made apportionment, the surplus shall not be discharged, but as vacancies
occur such vacancies shall be supplied from such divisions, parishes, tythings,
or places as by the last made apportionment are most deficient.
Peisona en- XVII. And be it further enacted, that nothing in this Act or in any other
J^maoreor Acts Contained shall exempt any person enrolled or serving in any corps of
voluntcere not yeomanry or volunteers from being -ballotted to serve in the militia, or any
from baUm ^'^'^^ additional force as aforesaid ; and the deputy lieutenants at their respec-
and notice to tive subdivision meetings shall enter in a separate list the names of all persons
such^^are ^^o shall have been chosen by ballot to serve in the militia, or such additional
t^^o™".?*"" force as aforesaid, during die periods of such persons being exempt from
diateiy liable service under this Act, in the order in which they shall be so chosen, and
to Bcrve on ahall, notwithstanding such exemptions, give notice thereof ,to the persons so
corps or being choaen, but shall at the same time apprize such persons that they are exempted
' ^'wfaaiyed for {[Qia auch service so long as they shall continue effective members of such
corps of yeomanry or volunteers ; and every such person shall, if he shall quit
such corps, or be discharged therefrom by his commanding officer for non-
attendance or any misconduct or misbehaviour under the provisions of this
Act, during the continuance of the present war or until six months aAet the
exchange of the ratifications of a definitive treaty of peace, be immediately
liable to serve for the full period of service for which he shall have been
chosen by ballot ; and every such person shall, in the order in which he shall
have been entered on such lists, fill up any vacancy Chat may then be or may
thereafter arise in such militia or additional force as aforesaid in and for the
A.D. 1803-4. 44 George III. a 54. 379
sabdivision for which he shall originally have been ballotted, and shall im-
mediatelj on any such vacancy arising be enrolled to serve or find a substitute
to serve in such militia or additional force as aforesaid for such full period of
service as aforesaid, to commence from the time of his enrolment or finding a
sabstitute as aforesaid ; and every such person who shall refuse or neglect so
to serve, or find a substitute to serve, shall be liable to all the penalties,
fiMfeitores, and provisions contained in any Act or Acts relating to the militia
or sach additional force for neglecting or refusing to serve or find a substitute :
Provided always, that nothing herein contained shall extend or be construed This Act not
to extend to deprive any such person who may, at the time of his being sum- perHon"of **"^
moned to attend for the purpose of being enrolled or of finding a substitute ^y other ex-
to serve as aforesaid, be entitled to any other exemption firom serving in the may be entit*i«i
militia or other additional force as aforesaid &om claiming and having the full ^-
lenefit of such exemption.
XIX. Provided also, and be it further enacted, that where any person who Effective mem-
shaD, on account of changing his place of residence to any other parish or oiw^corpH^and
district, quit any corps of yeomanry or volunteers in which he shall have been enroiiiiig them-
an effective member and entitled to exemption as such up to the time of his another 8hali
quitting the same, shall, within ten days after he shall quit such corps, enrol have the benefit
linsdf in any other corps of yeomanry or volunteers, every such person shall, ance in the
vmi producing to the commanding officer of the corps in which he shall have ^'^™^ corpH,
* ° and continue
Iwi enrolled himself a certiBcate of the number of days on which he shall exempt ac-
bare attended the musters and exercise of the corps which he has so quitted ^^*?/^
fviidi certificate the commanding officer thereof is hereby required to give), ward* chosen
fce entitled to the benefit of the number of days specified in such certificate, Jj^ve for th
and shall and may, on completing the number of days of attendance at muster subdivision to
and exercise required by this Act in the corps in which he shall have last tm^MoM^
enrolled hinoself, be entitled to be returned and shall be returned as an effective shall be exempt
member of such corps, and shall continue to be entitled to exemption as such fOT"the^»u^
in like manner as if he had, firom the time of his enrolment in the corps which divwion to
he shall have quitted, been an effective member of the corps in which he shall fonner corps
have last enrolled himself: Provided always, that if the corps in which such ^J«"/f«-
person shall have last enrolled himself and the corps which he shall have
quitted shall not belong to the same subdivision, and such person shall at any
tune thereafter be chosen by ballot to serve in the militia or such additional
force as aforesaid for the subdivision to which the corps in which he shall
Iiave last enrolled himself shall belong, such {>erson shall no longer be liable to
serve or to find a substitute to serve in the militia or such additional force for
the subdivision to which the corps which be shall have quitted shall belong,
although he may have been chosen by ballot to serve for such last-mentione^l
sabdivision.
XX. And be it further enacted, that every perMon ern'oUed in any corps of Members to
yeomanry or volunteers before the passing of this Act, who shall not have taken the ^'^' '^ <^^
oath of allegianee required by an Act of the la«t session of Parliament, and Jltc-p^ Stat. ^ «U*gw«ae.
Iaw Rev. Act, 1872. J every person who shall be enrolled in any such coq/s after
the passing of this Act shall take the oath of allegiance to his Majesty ; and
sndi oath may and shall be administered to all
sneh persons as shall be enrolled in any such corfjH after the passing of this
380
44 George III. c 64.
A.D. 1803-4.
kt '
Adjutants, Ser-
jeant majors,
and others, who
receiye con-
stant pay, shall
be subject to
the Mutiny Act
and Articles of
"War, and liable
to be tried by
courts-martial,
composed of
yeomanry or
volunteer offi-
cers ; but no
punishment
shall extend to
life or limb, ex-
cept on certain
occasions.
In cases of
invasion, &c.
corps shall
assemble and
march accord-
ing to the
terms of their
services/ and
members
neglecting to
do so shall
be deemed de-
serters.
Such corps
shall then be
subject to the
Mutiny Act
and Articles
of War;
as also shall
corps volun-
tarily assem-
Act, as soon as may be after their enrolment in such corps, by any deputy
lieutenant or justice of the peace, or by any commissioned officer of such corps.
XXL And be it further enacted, that such of the adjutants, serjeant majors,
drill Serjeants, and Serjeants serving in any corps of yeomanry or volunteers as
receive the constant pay of their rank therein, and all trumpeters, buglemen,
and drummers serving in any such corps and receiving any pay as such therein
from his Majesty or otherwise, either at any daily or weekly rate, and also all
farriers, being attested and serving in any such corps and receiving any such
pay therein, shall at all times be subject to any Act which shall be in force for
punishing mutiny land desertion and for the better payment of the army and
their quarters, and to the Articles of War established for the better govern-
ment of his Majesty's forces, and shall be liable to be tried for any crime
committed against such Act or Articles of War by any general or detachment
or regimental court-martial, according to the nature and degree of the oflfence,
in like manner and under the like regulations as adjutants, serjeant majors,
Serjeants, corporals, or drummers of his Majesty's militia forces : Provided
always, that every such court-martial shall be composed wholly of officers of the
yeomanry or volunteer establishment, and that no punishment awarded by such
court-martial shall extend to life or limb, except when such corps are called
out in cases of invasion or appearance of an enemy in force upon the coast
XXII. And be it further enacted, that in all cases of actual invasion or
appearance of any enemy in force on the coast of Great Britain, or of rebellion
or insurrection arising or existing within the same on the appearance of any
enemy in force on the coast or during any invasion, all corps of yeomanry and
volunteers shall, whenever they shall be summoned by the lieutenants of the
counties in which they shall be respectively formed, or their vice-lieutenants,
or deputy lieutenants, or upon the making of any general signals of alarm,
forthwith assemble within their respective districts, and shall be liable to
march according to the terms and conditions of their respective services,
whether the same shall extend to any part of Great Britain^ or be limited to
any district, county, city, town, or place therein ; and all persons then enrolled
in any such corps, not labouring under any infirmity incapacitating them from
military service, and not holding a commission or serving in any of his
Majesty's other forces or in any other such corps of yeomanry or volunteers
and actually joining such corps, who shall refiise or neglect to join their
respective corps and to assemble and march therewith upon any such sum-
mons or general signal of alarm as aforesaid, shall be deemed deserters, and
shall be subject to punishment as such ;* and all such corps of yeomanry and
volunteers, and all officers and non-commissioned officers, drummers, and
private men therein shall, upon and from the time of such summons, or of
such general signals of alarm being made as aforesaid, and until the enemy
shall be defeated and expelled, and all rebellion or insurrection then existing
within Great Britain shall be suppressed (the same to be signified by his
Majesty's proclamation,), continue and be subject to all the provisions con-
tained in any Act of Parliament then in force for the punishment of mutiny
and desertion and for the better payment of the army and their quarters, and
to any Articles of War made in pui'suance thereof, in all cases whatever.
XXIII. And be it further enacted, that whenever any corps of yeomanry or
volunteers shall, with the approbation of his Majesty, signified through his
LD. 1803-4,
44 George IIL c. 54.
381
principal secretary of state, voluntarily assemble or march to do military duty
upon any appearance of invasion, or for the purpose of improving themselves
in military exercise, except in the case herein-after specified as to corps of
yeomamy cavalry, or shall voluntarily march on being called upon in pur-
suance of any order from the lieutenant or sheriff of the county to act within
the county or adjacent counties for the suppression of riots or tumults, all such
coq)8 of yeomanry or volunteers shall, in all such cases, from the time of so
assembling or marching as aforesaid, and during the period of their remaining
on such military duty or being engaged in such service as aforesaid, be subject
to military discipline, and to all the provisions of any Act then in force for
the punishment of mutiny and desertion and for the better payment of the
innyand their quarters, and to any Articles of War made in pursuance thereof.
XXIY. And be it further enacted, that in all cases in which any corps are
assembled or marched on any summons or general signal of alarm, or are
Toluntarily doing military duty as aforesaid, under any of the provisions of
this Act, it shall be lawful for his Majesty to put such corps under the com-
mand of such general officers as his Majesty shall from time to time be pieced
to^point for that purpose, or as shall be then commanding in the districts
m which such corps shall respectively be assembled, marched, or doing mili-
tary duty : Provided always, that such corps shall be led by their respective
officers under such command as aforesaid ; and i;o person enrolled or serving
in any such volunteer corps, so long as the service of such corps shall be con-
timied by his Majesty, and as such person shall remain an effective member
thottx^ shall be liable to be placed in any regiment, battalion, or corps of
regolars, militia, or fencibles, without his free consent first had and obtained.
HV. PnovroED always, and be it further enacted, that no officer of any
coips of yeomanry or volunteers shall sit on any court-martial upon the trial
of any officer or soldier of his Majesty's other forces, nor shall any officer
serving in any of his Majesty's other forces sit on any court-martial upon the
trial of any officer, non-commissioned officer, drummer, trumpeter, or private
man in any corps of yeomanry or volunteers. ,
XXVL And be it further enacted, that all officers in corps of yeomanry or
volunteers, having commissions from his Majesty, or lieutenants of counties,
or others who may be specially authorized by his Majesty for that pur|)ose,
shall rank with the officers of his Majesty's regular and militia forces as the
youngest of their respective ranks.
XXVII. And be it further enacted, that it shall be lawful for any com-
manding officer of any corps of yeomanry or volunteers, when not summoned
or assembled upon actual service in case of invasion or appearance of the
enemy in force upon the coast, to discharge any member of the corps imdcr
bis command, not being a commissioned officer, for any disobedience of orders
or breach of discipline while under arms, and also for any neglect of attendance
and duty, or misconduct, or improper behaviour as a member of his coi-ps, or
for other sufficient cause, the existence and sufficiency of such several causes
respectively being to be judged of by such commanding officer, and imme-
diately to strike such person out of the muster roll of the corps to which ho
shall belong: Provided always, that every such pei-son shall remain liable to
all the provisions of this Act, as to compelling the payment of any subscrip-
tions, or arrears of subscription, or fines and forfeitures, incurred before or at
bling or march-
ing to do mili-
tary duty, &c.
except as
herein-after
specified*
His Majesty
may put such
corps under
the command
of such general
officers as ho
shall appoint,
but to be led
by their re-
spective offi-
cers ; and no
eflFective mem-
ber shall be
liable to be
placed in imy
regiment of the
other forces.
No officer of
yeomanry, &c.
shall sit on the
trial of any
officer or soldier
of the other
forces or con-
trariwise.
Rank of offi-
cers in the
yeomanry, &c.
Commanding
officers of
corps, when
not on actual
service, may
discharge
members, not
being commis-
sioned officers,
for disobedi-
ence of orders,
&c.
S82
44 George IIL c. 54.
A.D. 1803-4,
'.' ^
Act not to
affect any re-
gulations as to
discharge ap-
proved by his
Majesty,
nor to prevent
his Majesty
from signifying
his pleasure
respecting dis-
charges, &o.
Where such re-
gulations shall
not provide for
any case of
misconduct
under arms,
the command-
ing officer may
disallow the
day on which
the party mis-
conducted him-
self as a day
of attendance,
Persons mis-
conducting
themselves
during exer-
cise, &c. may
be ordered
into custody.
Members '
may quit their
corps, except
when called
out in case of
invasion, &c. ;
but not without
notice of in-
tention to quit,
nor till arms,
&c. shall have
been delivered
up and all sub-
scriptions, &c.
paid.
the time of such discharge, and as to the delivering up and restoring of arms,
accoutrements, and clothing, as herein-after mentioned : Provided also, that
nothing herein contained shall extend or be construed to extend to abrogate
or affect any rules or regulations of any such corps which have been or may
be approved by his Majesty, and which are or may be applicable to the dis-
charge of any member of any corps when not summoned or assembled upon
actual service : Provided also, that nothing herein contained shall be construed
to extend to prevent his Majesty from signifying his pleasure in such manner,
and giving directions with respect to any such case of discharge, or in respect
to any rules and regulations with regard to any cases of discharge, as to his
Majesty shall appear most just and proper.
XXVIII. Provided always, and be it further enacted, that where the rules
and regulations, approved or to be approved by his Majesty, of any such corps
shall not provide for any such cases of misconduct, disobedience of orders,
or breach of discipline while under arms, it shall be lawftd for any com'
ndanding officer, in any such case of misconduct under arms as aforesaid,
to disallow to the person so misconducting himself the day on which he
shall have so misconducted himself, as a day of attendance, for the purpose
of entitling him to any exemption under the provisions of this Act, and to
direct that he shall forfeit one day's pay, in cases where any pay is allowed,
or either to disallow any such day of attendance, or to direct the forfeiture
of one day's pay, as such commanding officer shall in his discretion think fit;
and which pay such person so misconducting himself shall forfeit accordingly.
XXIX. Ajstd be it further enacted, that from and after the passing of this
Act every person who shall not, during the times of training and exercise, or
of his being under arms, or wearing the clothing or accoutrements of the
corps, and going to any place of exercise or assembly of the corps, conduct
himself in a decent and orderly manner, or shall not obey the lawful command
of the officer or officers commanding, may be ordered by such officer into the
custody of any person or persons belonging to such corps for the time during
which such corps shall then remain imder arms.
XXX. And whereas doubts have arisen as to the right of persons enrolled
in corps of yeomanry or volunteers to withdraw themselves from or quit the
same, and it is expedient that such doubts should be removed : For remedy
whereof be it therefore declared and enacted, that from and after the passing
of this Act it shall be lawful for any person enrolled in any corps of yeomaniy
or volunteers at any time (except when summoned, or assembled upon actual
service, in case of actual invasion or appearance of the enemy in force upon
the coast, or voluntarily assembled for the purpose of doing military duty,
under any of the provisions or in any of the cases specified in this Act,) to
quit such corps ; and such person shall accordingly be struck out of the muster
roll of such corps in the manner and under the conditions herein-after
mentioned.
XXXI. Provided always, and be it further enacted, that from and after
the passing of this Act no such person shall be entitled to quit any such corps
without giving fourteen days notice in writing of such his intention to the
commanding officer thereof, nor imtil he shall have delivered up to such com-
manding officer, or to some person appointed by him to receive the same, all
arms, accoutrements, clothing, and appointments that shall have been furnished
ID. 1803-4
a Geobge IIL c. 54
383
««
to him at the poblic expense, or by any other person, or at the charge of any
sobficription for famiahing such articles, in good order and condition (reason-
able wear and tear only excepted), and shall have paid aU subscriptions and
arrears of subscriptions, and also all fines and penalties incurred by him, under
any of the rules and regulations of his corps, either before or at the time of or
hy reason of his quitting such corps : Provided always, that if any person
enrolled in any corps of yeomanry or volunteers, other than and except the
persons herein-before mentioned as receiving the constant pay of their rank,
shall si any time hereafter enlist in any of his Majesty's forces, or shall enrol
himself as a substitute or volunteer in the militia or any such additional force
as aforesaid, every such person shall, immediately after such enlisting or enrol-
ment, be considered as discharged to all intents and purposes from such corps of
yeomaniy or volunteers ; and the commanding officer of such corps of yeomanry
or volunteers shall^upon such enlisting or enrolment being duly notified to him,
and upon receiving back from such person the arms, accoutrements, clothing,
md appointments of such person, in the manner before mentioned, strike the
name of such person out of the muster roll of such corps of yeomanry or
volunteers, and shall specially certify the same in the next return to be made
mider the provisions of this Act.
IXXIL Provided also, and be it further enacted, that every person who
afaJl quit any corps of yeomanry or volunteers, or be discharged therefrom for
ooB-attendance or any misconduct or misbehaviour as aforesaid, shall imme-
fiiUy thereupon, unless otherwise exempted, become liable to serve, if he
Miave before been chosen or shall thereafter be chosen by ballot, in the
sffii or such additional force as aforesaid, and
^commanding officer of every such corps shall forthwith certify the quitting
«* discharge of such person to the clerk of the general meetings of the county
in which such corps shall be formed,
IXXIII. Provided also, and be it further enacted, that it shall be lawful
for any person who may have given notice in writing to the commanding
officer of his corps of his intention to resign, and who may think himself
aggrieved by reason of any such commanding officer refusing to strike his
name out of any such muster roll, on account of any subscription or arrears of
Rabficription, or any fines, penalties, or forfeitures not having been paid, or of
any arms, accoutrements, clothing, or appointments not having been delivered
up, or not having been delivered up in good state and condition, or on any
other account whatsoever, to appeal to any two deputy lieutenants of the sub-
di\Tsion in which such corps shall have been formed, or of any adjoining
subdivision, or to any one deputy lieutenant and one justice of the peace
acting within any such subdivision (not being members of such corps) ; and it
shall be lawful for such deputy lieutenants and justices of the peace aforesaid
to hear and determine such appeal, and to examine any person or persons
thereon, upon oath (which oath such deputy lieutenants and justices of the
peace aforesaid respectively are hereby authorized to administer), and to dis-
charge such person from such corps, if they shall think, under all tho circum-
stances, that such person hath complied with the provisions of this Art. and t<>
order the commanding ojHicer forthwith to strike such person out of tho muster
roll of such corps, or to order and direct the payment of any such Hum of
money as may appeaa* to them ought to be paid by such person, in respect of
Members
not receiving
constant pay
who enlist in
his Majesty*8
forces, &c.
shall be con-
sidered as dis>
charged.
Persons quit-
ting their corps
or discharged
for misconduct
shall become
liable to serve
in the militia,
&c. ; and such
quittjMig or
discharge shall
be certified by
the command-
ing officer to
the clerk of
the general
meetings.
Persons think-
ing themselves
aggrieved by
commanding
officer refusmg
to strike their
names out of
the muster rolls
may appeal to
two deputy
lieutenants, or
one and a jus-
tice, who may
determine the
same.
381 44i Geoboe IIL c. 54. A-D. 11SU3-4.
any such subscription or arrears, or fines, penalties, or forfeitures as afnresaiil,
or to order and direct the delivery of any arms, accoutrements, elotliing.nr
appointmentB, or the payment of any such sum of money as shall a|i|ieai- ii>
tiom to be reasonable for any loss of arms, accoutrements, clothing, m ;i]i]-ni]i|.
ments, or any damage that may have been done thereto before sucli <liscliar^i ;
and all such suras of money shall and may be levied, recovered, and a]ii>jii.d iji
like manner as any like fines, penalties, forfeitures, or sums of umncy niav bi'
recovered and applied ; and the determination of such deputy lieiitiii^iit- anrl
justices of the peace aforesaid shall be final and conclusive to all iiiti.'iit.- ami
purposes whatever.
*••«*•« 4- -i
Whencorpsare |XXXVL»J And be it further enacted, that when any corps of Miomrmn'
m^oilHfof"a "^ volunteers shall have assembled on any summons of any lieuti naiit uf Ih^
lieutenant, 4o. county in which they shall be respectively formed, or his vice-lieu tsnant or
general of the deputy lieutenants, or upon the making any general signal of alaiin ju aljjn>-
taies in Eng- said, the receiver general of the rates and duties under the managt'incnl of
collector of the the Commissioners for the affaiiB of taxes for the county, riding, oi- place, if in
T**^ 'l^"'" England, and the collector of the cess of the county, if in Scotland, tti whici
to thu captain such corps shall belong, shall and is hereby required to pay to the capt^iin or
of each troop other Commanding officer of any troop or company of such corjis tlio Hum 'i
two guineaa for two guineas for the use of every volunteer in such troop or cnif]|imiy who
each man; and ghaU go assemble : and whenever any such corps shall hereafter voliintarJf
whencorpsare , i ■!■ i ,. -
voluntarily as- assemble to do military duty upon any appearance of invasion nc for tlis
Mmbied, tho purpose of improving themselves in military exercise und^r the pi'nisious of
order a guinea this Act, it shall be lawful for the commissionisrs of bis Majesty's Treasurj- to
to'^lKTwiid^ order and direct that any sum, not exceeding one guinea for eveiy vi.lunteer
like manoer. who shall SO assemble, shall be paid to the captain or other <•< imtnaiiding
officer of every troop or company of such corps ; and such sum, mit exceeding
one guinea, shall upon every such order be paid by every such rcpi-'iver
general or collector aforesaid to the captain or commanding otiicer of eacli
troop or company as aforesaid ; and the money so received in any of the cases
aforesaid by any captain or other commanding officer, or so much tlicrwf as
such captain or other commanding officer shall think necessary', shall lie kid
Capiuins to lay Out in providing necessaries for each such volunteer; and such cajitaiji or
out money ia commanding officer shall, within one month after the receipt of such innney,
necessaries and " " o ' r j ■
account to the account to the several persona for whose use the same shall have btL ii iccti^ai,
"'™' how the same hath been applied or disposed of, and shall at the time •'(
settling such account pay the remaioder, if any, to the persons eutitled
andnottodraw thereto; Provided always, that nothing lieieia cod-
for'the'usc taincd shall extend to authorize the captain of any such troop or company to
of men not demand, draw for, or receive any such sura, or any part thereof, for the uaa
csi"ng «■ ^£ j^jjy person or persons serving therein who shall not desire to be entitli-d to
the benefit thereof.
Yeomanry, Ac. XXXVIL AuD be it further enacted, that all persons enrolled in iuiy corje
bicd"on*inva- ^^ yeomanry or volunteers, when assembled as aforesaid on any invasion, ur
{■ So much as directs that tiio siimN menlioned in this section uhall he i~>ueii iiy llif
receivers general of the taxes, if in England, aad by the coUectoi-s of tlic cc^^, if in
Scotland, rep., 7 Geo. 4. c. 58. s. 4.J
A,D.18(»-4.
44 George III. c. 54.
385
«{»peanmce of the enemy in force on the coast, or for the suppression of rebel-
ha or insurrection, or when voluntarily assembled and doing military duty
▼ith Hie approbation of hiB Majesty, under any of the provisions of this Act,
shall be entitled to and shall receive pay during the periods of their so remain-
ing asaembled as aforesaid, in such manner, and after- such rates, according to
their respective ranks and situations in such corps, and be entitled to be
quartered and billeted, in like manner in every respect and under and subject
to the same regulations, as the officers, non-commissioned officers, drummers,
and private men of his Majesty's other forces, as far as the same shall by his
Majttfy be deemed applicable to yeomanry and volunteer corps.
lYYviii And be it further enacted, that whenever any corps of yeomanry
or volunteers shall be so assembled or marched as aforesaid on any invasion or
appeanmoe of an enemy in force upon the coast, or in case of any rebellion
or insurrection arising or existing as aforesaid, or of riots or tumults, or for
the purpose of volimtarily doing military duty under auy of the provisions
of this Act^ all persons enrolled therein who shall join on such assembling
and marching as aforesaid, and who shall leave £ainilies unable to support
iiieoiaelves, shall, during the period of their absence or service on military
dnty as aforesaid, be entitled to such and the like relief for their wives and
frnilies, and under such and the like circumstances, as are mentioned in two
Kverd Acts passed in the last session of Parliament for providing relief for
the fiunilies of militia men in England and Scotland respectively when called
<wi into actual service ; and for that purpose all the rules, regulations, pro-
^ittSB, powers, authorities, penalties, and forfeitures in the said last-mentioned
•^iwpectively contained shall extend and be construed to extend to the
p^ such relief as aforesaid, as fully and effectually as if the same were
ham enacted: Provided always, that all sums of money which shall be
<dviiioed and paid to the wives and families of such men in England under
My order for that purpose shall, upon delivery of a quarterly account of the
payment thereof, certified and signed by two justices of the peace of the
county in which such relief shall be given, be repaid to the overseer or over-
seers or parish officer or officers who shall have advanced the same by the
leoeiver general of such county out of any public money in his hands, and
shall be allowed in the account of such receiver general : Provided also, that
no assessment shall be made to make good the amount of any sums paid for
wch relief to such wives and families in Scotland under this Act, in the
Bianner directed by such last-mentioned Act relative to Scotland, to make
good the sums paid to the wives and families of militia men pursuant thereto.
XXXIX. Akd be it further enacted, that after the defeat and expulsion of
the enemy from Great Britain, and suppression of any such rebellion or insur-
rection, to be notified as aforesaid, all corps of yeomanry or volunteers, which
shall have been assembled and marched out of their respective counties, shall
forthwith be returned to their respective counties ; and the sum of one guinea
sball be paid, under the direction of any general or other superior officer under
whose conmiand such corps shall then happen to be, to every such person
therein so permitted to return home as aforesaid, who shall be willing to
reeeive the same, over and above the usual rate of pay to which such person
shall be entitled, in order the better to enable him to return to his parish.
VOL. rv. B B
sion, &c. to
reoeiye pay and
be biUeted as
the other
forces;
and their fiuni-
lies shall be
entitled to die
same relief as
the families of
militiamen.
48 Geo. 3. c. 47.
43 Geo. 3. c S9.
Mctniesad-
Tanoed to such
families in
England to be
repaid to the
OTerseersbjT
the receiTer
general of the
county.
No assessment
to be made in
Scotland for
repayment of
such money.
After defeat
of the enemy,
&C. the corps
shall be re-
turned to their
respectiTe
counties, and a
guinea paid to
each man will-
inirto receive
386 44 George IIL c. 54. A.D. 1803-4,
Conunissioned XL. And be it further enacted, that all commissioned officers of corps of
SSn^^^ yeomanry or volimteers who shaU be disabled in actual service bM\ be
entitled to half entitled to half pay, accordmg to their ranks; and all non-commiadoned
TOm^sioned officers, drummers, and private men of any corps of yeomanry or volunteo^
officers and so disabled, shall be entitled to the benefit of Chelsea Hospital ; and tbe
cSSsea Hos- widows of all such conmussioned officers killed in service shall be entitled to
pitai ; and receive such pensions for life as are given to widows of officers in his Majesty's
widows of Offi- in ^ ^
cere kiUed to regular torces.
pensions for *##***#*#
life.
Commanding XLII. Akd be it further enacted, that it shall be lawful for the command-
officere may i^g officer of any corps receiving arms and accoutrements supplied at the
for depositing public expense, or by subscription, to appoint a proper place in the parish or
arms and ao- place in which his ccops shall be formed, or in each of the different parishes
coutrements, ■*■ , *■ ' , . *
and persons to or places, if more companies than one are formed in different parishes and
th^m^^d^the ^^*®d ^ ^^® corps, as the case may require and as may seem expedient for
deputy lieu- the depositing and safe keeping of tiie arms and accoutrements of his corps,
\dew^them and *^^ *^^ *^ appoint proj^r persons to repair and keep such arms in good state
the expenses and Condition ; and it shall be lawful for any two or more deputy Ueutenants
England^ t^ ^^ ^^® subdivision in which any such parish or parishes shall be, and once in
receiver gene- every year at the least, to view such arms and aocoutriements for the purpose
county; of ascertaining the state and condition thereof; and all reasonable expenses
which shall or may be incurred in placing and keeping such arms and aocoa-
trements, and in maintaining them clean and in proper repair, order, and
condition, if approved of under the hands of two deputy lieutenants or one
deputy lieutenant and one justice of the peace of the subdivision in which
such arms and accoutrements shall be deposited, shall, on delivery to the
receiver general, if in England, of the county in which such arms shall be
deposited, of a quarterly, half-yearly, or yearly account thereof, mgned and
approved by any two deputy lieutenants or one deputy lieutenant and one
justice of the peace as aforesaid, together with the certificate of the command-
ing officer of the corps or captain of the company to which such arms shall
belong, that the arms are in good repair, state, order, and condition, be paid
by such receiver general as aforesaid out of any public monies in his hands,
and shall be allowed in the account of such receiver general as aforesaid:
but no expense Provided always, that no expense to be incurred as aforesaid shall exceed in
the sim^utho- ODioimt such sum as his Majesty shall be pleased to authorize and direct by
med by his gj^y order to be communicated through his Majesty's principal secretary of
state to the lieutenant or deputy lieutenants of the county.
Accounts of XLIIL Provided also, and be it enacted, that in Scotland the acoountB of
ioScoSod*^ all such expenses relative to the placing and keeping such arms and accoutw
shaU be trana- ments, and maintaining them clean and in proper repair, order, and oonditi»»
barona of the Certified in the manner above directed, shall be transmitted to the lord da®
acchequer baron and barons of the Court of Exchequer in Scotland, who are hwhy
restricTthe™*^ empowered to restrict the amount to such sum as they shall think reasonaUe^
amount and j^^^ exceeding such sum as his Majesty shall have been pleased to atlthorize
irrant warrant « •' *■ ^,
for payment, and direct in manner aforesaid^ and to grant warrant for payment thereof cm
of the revenues of the land tax, assessed taxes, or consolidated duties of
customs or excise, or any of them, which they shall think most proper to
apply for this purpose.
AJ). 1803*4.
44 George III. c. 54.
387
XUV. And be it further enacted, that all arms delivered out of the public
stares or furnished at 'the public expense for the use of any corps of yeomanry
or Yolimteers shall be marked distinctly in some visible place with the letter
y. and the initial of the county to which such corps shall belong ; and in case
any man shall sell, pawn, or lose any arms, accoutrements, clothing, or ammu-
nition delivered to him, or shall wilfully damage any such arms or accoutre-
ments, every such man shall for every such offence forfeit and pay a sum not
exceeding forty shillings ; and if such man shall not immediately pay such
poialty it shall be lawful for any justice of the peace residing in or near the
phoe where the oSence shall be committed to take cognizance of the same, and
to OHDmit such person as shall be convicted of sudi offence before him to
the next gaol or house of correction, to be kept to hard labour for any time
not exceeding one week, or until he shall have paid the said penalty. ,
XL7. And be it iurther enacted, that if any person shall knowingly and
wiUolly buy, take in exchange, conceal, or otherwise receive any arms,.accou-
tremeDts, or clothing, or any public stores or ammunition delivered for the use
of any corps of yeomanry or volunteers, the person so offending shall forfeit
and pay for every such offence the sum of ten pounds ; and if such offender
dull not immediately pay such penalty, and shall not have sufficient goods
ad diattels whereon to levy such penalty by distress in the manner herein-
after mentioned, any such justice of the peace as aforesaid before whom he or
iheiluJl be convicted shall conunit him or her to such common gaol or house
A CQEiectioMi, there to remain without bail or mainprise for the space of three
nondii^ or until he or she shall have paid the said fina
XLYI. A-ND be it further enacted, that whenever the persons enrolled in
ujreorps o:f yeomanry or volunteer cavalry, whether any infantry be attached
to soeh corps or not, or the majority of them, when not summoned upon
titbui service, or voluntarily assembled for the purpose of doing military duty,
ad saljeeted to military discipline, under the provisions of this Act as afore-
aid, ahall, through their commanding officer, signify in writing to the lieu-
tenant of the county wherein such corps shall be raised, or, in case of vacancy
or in the al)sence of the lieutenant, to the vice-lieutenant or deputy lieutenants
teteenting the office of the lieutenant, their desire to assemble under the com-
Bund of their own officers at any convenient place or places within the same
county, for the purpose of being trained and exercised for any space of time
not exceeding in the whole fourteen days, either successively or at intervals
wtUun the space of twelve months, and either in separate corps or together
vith any other corps of yeomanry or volunteer cavahy who shall also have
signified their desire of assembling for that purpose in like manner, or with
iny regiment, troop, or troops of his Majesty's regular forces of cavalry, in
lase his Majesty shall think proper to give directions to such of his forces for
^ purpose, it shall be lawAil for such lieutenant, vice-lieutenant, or deputy
fiootenants respectively, in pursuance of the desire of any such corps of
yeonumry or volunteer cavalry, to be signified in manner aforesaid, and with
the approbatian of hia Majesty signified by his principal secretacy of state,
to make an order for assembling such yeomanry or volunteer cavalry, and
likewise to direct an order to any justice of the peace of the county where
>0€h corps of yeomanry or volunteer cavalry shall be appointed to assemble,
BB 2
Aims to bo
marked.
Penalty for
Belling or
damaging
arms, accoutre-
ments, &c.
If penalty be
not paid, the
offender may
be conmiitted.
Penalty for
buying arms,
accoutrements,
&c.
If penalty be
not paid or
levied by dis-
tress, the of-
fender may be
committed.
When corps
of yeomanry,
&c. shall be
desirous of
assembling
under the com-
mand of their
own officers,
the lieutenant,
with the ap-
probation of
his Majesty,
may make an
order for that
purpose, and
an order to any
justice of the
county, who
shall issue his
precept for
billeting the
non-commis-
sioned officers
and privates
as his Majesty's
forces may be
billeted; but
corps fo as-
sembled shaU
not be subject
to the Mutiny
Aet,&€.
388
44 George III. c. 54.
A.D. 1803-4.
Acts for bil-
leting his Ma-
jesty's foroes
to extend to
yeomanry, &c.
billeted under
this Act.
r/
When the
lieutenant,
&c. shall have
fixed the da^
and place oi
exercise for
any such corps,
he shall certify
certain particu-
lars to tiie se-
cretaiT at wait,
who shall order
pay, &c. to be
issued.
Commanding
officer shall
make up an
account in
the follow-
ing form;
specifying the place or places at which and the time or times daring which
such corps of yeomanry or volunteer cavalry are to continue so assembled
under the authority of this Act ; and the justice of the peace to whom such
order shall be directed shall issue his precept to the constable, headborougfa,
tythingman, or other peace officer of the place where such corps are to be
assembled, for quartering and billeting the non-commissioned officers, trumpeten
or buglemen, and privates of such corps, upon such persons, and m soeh
houses, situate in or near the place or places specified in such order, as bis
Majesty's forces may by law be quartered and billeted .upon ; and &om and
after tiie receipt of such precept it shall be lawful for such constable, head-
borough, tythingman, or other 'proper officer as aforesaid, and he is hereby
required to billet the non-commissioned officers, trumpeters or buglemen, and
private men of such corps of yeomanry or volunteer cavalry in or near sach
place or places as aforesaid, and in such manner as any of his Majesty's other
forces may by law be quartered and billeted therein as aforesaid : Provided
always, that nothing herein contained shall extend or be construed to extend
to subject any such corps to the provisions of any Act then in force for the
punishment of mutiny and desertion, or any Articles of War made in por*
suance thereof, by reason of any such assembling for the purpose of being
trained and exercised for any space of time not exceeding fourteen days as
aforesaid.
XLYII. Anb be it further enacted, that in all cases, and during the timeB
in which any corps of yeomanry or volunteer cavalry shall be quartered and
billeted in pursuance of the provisions of this Act, all and every the povera,
provisions, rules, penalties, matters, and things provided and established by
any Act or Acts now or hereafter to be in force for quartering and billeting
his Majestys forces shall be used and put in practice for quartering and
billeting such corps of yeomanry or volunteer cavalry, as fully and effectually
as if all and every the said powers, provisions, rules, penalties, matters, and
things had been specially enacted in the body of this Act, so £Etr as the same
shall by his Majesty be deemed applicable to corps of yeomanry or volunteer
cavalry.
XLVIIL And be it further enacted, that whenever the lieutenant or deputy
lieutenants acting as aforesaid of any coimty shall have fixed the day and
place of exercise for any such corps of yeomanry or volunteer cavalry, he or
they shall as soon as may be certify the same to the secretary at war or his
deputy, specifying the number of men and the number of days appointed for
exercising them, not exceeding in the whole fourteen days ; and the secretary
at war or his deputy is hereby required, within fourteen days after the reoa^
of such certificate, to cause to be issued and paid to the officer having tb
command of each corps at the rate of two shillings per day for each voluntas
of yeomanry or of volunteer cavalry who shall attend the place of exerdtt,
and one shilling and fourpence per day for each horse, mare, or geldisg
belonging to such corps, and used in exercise on that day.
XLIX. And be it farther enacted, that the officer having the command of
such corps of yeomanry or volunteer cavalry shall make up an account of all
the monies received and paid by him on account of such exercise in the
following form :
ID. 1803-4-
44 George III. c. 54.
389
Coootjof
To cash received for
dsjs paj of
To ditto for
iDo^rsQce for
Dr. per Contra Cr.
a.
d.
s, d.
Paid yeo-
men manry men, for their at-
tendance at the place of
days exercise on the days ap-
horses pointed, being days
pay - - - -
Paid allowance
for horses, used in
exercise for days
Wlich acoonnt shall be signed by the officer having the command of such
eoips ; and sach officer shall, within ten days after the time such oxerciso is
inisbed, deliver such account, and pay the balance, if there be any due, to
soch person as the secretaiy-at-war or his deputy shall order and direct
L. And be it further enacted, that all money subscribed by or for the use of
any corps of yeomanry or volunteers, and all arms, stores, ammunition, clrums,
Sfes, or musical instruments, or other articles of whatever kind or sort the
ame may be belon^ng to any such corps, or used by any such corps, not
beisgthe property of any particular individual of such corps, shall be and the
noe are hereby declared to be vested in the commanding officer thereof for all
fvipoKs of indictment, action, or suit, criminal or civil, in law or equity, and
dull fir such purpose be deemed and taken to be the property of such com-
Budmg officer, and shall and may be laid so to be in any indictment, or may
k^ed for and recovered as such, or may be stated to be such in any action
or stdt relating thereto ; and no indictment, suit, action, or prosecution shall
k diacontinaed or abated by the death, resignation, or removal of any such
anonuuiding officer, but the same may be proceeded in by the succeeding
commanding officer, or the conmianding officer for the time being, any law,
CQstom, or usage to the contrary notwithstanding.
LL And be it further enacted, that where any person enrolled in any corps
of yeomanry or volunteers shall neglect or refiose, on demand made for that
pnrpose, to pay any sum or sums of money subscribed or required by any rules
cr regulations of such corps to be subscribed by him towards any ex jiens^/s
tbereof, or to pay any fines or penalties incurred under any of the rules or
n$;aIations thereof then and in sudi case it shall be lawful for any justice
of the peace residing in or near to the place where such corps shall be, on
ippheatioQ made for that purpose by any commanding or field officer, or
adjutant or serjeant major under any order of the commanding r/fficer //f arjy
Biidi corps, and proof thereof to direct double the amount thereof to b<; paid as
apenaUy or forfdtore; and if sodii person shall refuse or m^^ect to jiay th/;
nme £«• the qnce of seven days, then to cause the same to be levied Y/y duress
and sale of the de£uilters goods and chattels, by warrant onrler hiH }iaml and
seal, rendering the OTerplns, if any, on demand, a/W iMmtiu^ ihh /;fiar^«^ ^/f
KKh distress and sale, to the persons wh^^ gor^JH anrj cYiatt^lH stiall liave f^e*?fi
80 distrained and sold ; and the sums so kvied shall go Vf the mttinnX utock of
»och corps to be applied in the gen^nl exfjenses iherntf, in lfk#; uMiMr a^ afiy
salscription or smn of money remved l/y i^ for «ich c/pt^m m^y 1^ By^Ai^i,
and iihall do-
livor it and pay
tbo hnlttioo
(if any) to
auoh ponwn an
tho aooretary
at war iihall
appoint.
SubMriptionn,
arms, fto.
ventisd in tlio
oommajidins
ofloer.
IfMib«eriptjiMM
or AriM ht! not
may Mr«9(t
double i\m
pM, whkh
byrdMirtM*
^Mfd
th^. m^m^
44 Oeorqe III. c. 54.
A.D. isoa-4.
Justice nuty
mitknte pe-
PersonB re-
fo^iug to de-
fivor up anna,
&c. shall hi;
liable tn ft
penalt;, which
maj be levied
by distrcsG ;
of dietreES the
oBender mAj
be committed.
ntl to be re-
placed out of
the fint aids
thereafter
granted.
or, where there shall be no such subscription or stock of such corps, then to any
such purposes relating to such < corps as the commanding officer thereof vaj
think fit : Provided always, that it shall be lawful for such Justice of peace
to mitigate any accumulated fines or penalties in such amount as he shall in
his discretion think fit, having regard to the circumstances and situation of
the party incurring the same ; but so as that the amount of such mitigated
fines or penalties shall not be less than one half of the full amount of sadi
accumulated fines and penalties.
LII. Anb be it further enacted, that every person who shall have receive
or may have in his custody, power, or possession, or shall hereafter receive nr
have in his custody, power, or possession, any arms, accoutrements, clothing,
ammunition, or stores, or drums, fifes, or musical instruments, or otiier artides
aforesaid, heretofore or that may hereafter be furnished from the public stores,
or at the public expense, or at the expense or charge of any subecriptjcn for
providing such articles, or of any person or persons, and who shall refuse or
neglect on being required by the commanding officer for the time being, or by
his direction, to deliver up any such arms, accoutrements, clothing, ammunitidi,
or stores, or drums, fifes, or musical instruments, or other articles aforeaaiJ,
shall, on being convicted thereof before any justice of the peace of the codilj-
within which such arms, accoutrements, clothing, ammunition, or stores shtU
be, forfeit and pay the sum of ten pounds for every such offence, and double
the value of the arms, accoutrements, clothing, ammuuition, or stores so detuit^il
as aforesaid, to be levied by distress and sale of the ofiender's goods and chattels
by warrant under the hand and seal of such justice, rendering the overplus [if
any) on demand, after deducting the charges of such distress and sale, to Uiu
person whose goods and chattels shall have been so distrained and sold ; aiiJ
for want of such sufficient distress sudi justice is hereby required to commit
such offender to the common gaol of the county, riding, or place where tlic
offence shall have been committed, for any time not exceeding two montlis;
and the monies aiising by such penalty shall go and be applied to the use of
his Majesty, his heirs and successors.
UII. And be it further enacted, that all sums of money paid by any
receiver general in pursuance of this Act, and returned into and aUowed in the
receipt of his Majesty's Exchequer, shall be replaced to such accounts as the
same were by law applicable out of the first aids and supplies which atit^ be
thereafter granted to his Majesty by Parliament
No future rulba LVI. And be it further enacted, that from and after the passing of this Asi
tob^^"^- **o future rules or regulations shall be valid or binding on any corps d
loss Eubmitted yeomaniy or volunteers, or for any purposes of this Act, or for any otba
iccretMy of purpose, unless the commanding officer of such corps shall think fit to trannut
■tate. the same to the lieutenant or vice-heutenant of the county in which «*>
corps shall have been or shall be formed, and unless the said lieutenant «
vice-lieutenant of the county shall think proper to submit the same to H^
Majesty's principal secretary of state ; and such rules and reguIati<H)s »>
transmitted and submitted shall, if not disallowed by his Majesty witliin
twenty-eight days after the receipt thereof by his Majesty's principal secretar)-
of state, be considered as approved and confirmed ; and the lieutenant orvicc-
lieutenant of the county shall signify such approbation and confirmation ^>
A.D. 1803-4.
44 George III. c. 54.
391
the said commanding officer, to be forthwith communicated by him to his
corps ; and the rules and regulations so transmitted, submitted^ confirmed, and
oommunicated shall ^e binding and valid for the purposes of this Act, or for
my other purpose regarding the services and good conduct of such corpa
LVIl RttOViDED, that nothing in this Act contained shall extend or be con-
strued to extend to prevent his Majesty from annulling at any time any rules
or regulations which may have been or shall be made respecting any corps of
Tolnnteers.
LYIIL And be it further declared and enacted, that no person who has
accepted or shall hereafter accept of a commission in any corps of yeomanry
or Yolnnteers in Great Britain or Ireland shall be deemed in respect thereof to
hare vacated or to vacate his seat-as a member returned to serve in Parliament.
LIX. And be it further enacted, that the several forms of returns, certi-
ficates, and schedules hereunto annexed shall be deemed respectively valid and
effeetoal for the several purposes of this Act to which they apply ; but that
if from any variation of circumstances or other reason the said forms should
not he strictly adhered to, instruments of a similar import shall neverthe-
ks he admitted and received, and be held in like manner valid and effectual
IX And be it further enacted, that all provisions, directions, clauses,
matteis, and things whatever in tUs Act contained, relating to counties, shall
otend and be construed to extend to all stewartries, ridings^ divisions, cities,
ui, places in Great Britain ; and all provisions, directions, clauses, matters,
•Di things whatever in this Act contained, relating to corps of yeomanry or
^^ihiBtoers, shall extend to and be construed and deemed to extend to all
iDJependent troops of yeomanry or volunteer cavaliy and companies of infSEUitry,
* Ally and amply as if they were severally and respectively repeated in every
^ jmvision, direction, and clause, and with relation to every such matter
aodthmg.
Hifi MAJestj
maj annul
any rales or
regulations.
Acceptance of
commissions
not to vacate
seats in Par-
liament.
Returns, &c,,
in the form
prescribed, or
of a similar
import, to be
held valid.
Provisions re-
lating to coun-
ties shall ex-
tend to stewart-
ries, ridings,
&c. ; and pro-
visions relating
to corps shaU
extend to inde-
pendent troops
and companies.
SCHEDULE (A)
To AB., his Majesty's lieutenant for the of
MusTEB Boll of the persons enrolled and serving in the
of conmianded by
Effectives
(ud, if entitled to exemption, saj)
entitled to Exemption.
Kb. , Parish. Name.
1.
1
3.
4.
5.
e.
m
I.
%.
9.
10.
11
11
a
When
enrolled.
Effective Supemnmeraries
(if any)
not entitled to Exemptions.
Xo. Parish. I Name.
I
When
enrolled.
Non-Effectives.
No.
Parish. Name. ' JP"^
I I enrolled.
A.
B.
A-B.
CD. '
E.F.
G.H.
LM.
N.O.
P.Q.
Effective Memhen entitled to
Exemptions,
absent on Leave.
No.
Parish.
Name.
When
enrolled.
1 1
1
Establisbment allowed
44 George III. c. 54. A.D. 1803-4.
N.B, Discharged or quitted Hinco the date of
tbe last muster roll :
A^
CD., &c
Supernumeraries allowed -
Total number in the corps exempt
Total number - under this Act from eerring in the
militia or other additional force
D". not exempt from serving in
the militia or other additional force -
Total number of men enrolled in the corps
I DO hereby certify that the above corps [or company, as the case may be,]
■was inspected on the day of by or haa been
ready and willing to be inspected in the last four months.
Signed, A.B.,
O.D., Commanding Officer.
Adjutant or Serjeant Major.
SCHEDULE (C.)
To A.B., his Majesty's lieutenant for the of
"T K.L., commanding officer of the of yeomanry or infantry [as
-*- the case may be], serving in the county of or city of
[as the case may be], do hereby certify that CD. of [hia descrip-
tion and parish] is aa eSective member of the said corps or company [as tbe
SCHEDULE (B.)
X K.L., commanding officer of the do hereby certify upon ray
-*- honour, in pursuance of an Act of Parliament passed in the forty-fourth
year of his present Majesty's reign, intituled " An Act " [here insert the title
of this Act], that I have not^ to the best of my knowledge and beliuf, inserted
or caused to be inserted in the above muster roll, as an effective man, the
name of any person who has not duly attended, properly armed and accoutred,
and mounted [if cavalry] [if arms and accoutrements have been supplied] at
the muster and exercise of the said corps [or company, as the case ujay be],
as required by the said Act, and who has not taken the oath of allegiance, or
been absent on leave given in pursuance of the said Act, or prevented by actual
sickness, as has been certified to me by a medical practitioner, or as has been
otherwise proved to my satisfaction, and who is not an effective man.
Signed, K.L.,
Commanding Officer.
Dated the
[If arms, accoutrementa, or clothing have not been received, such circnm-
stance must be specially certified.]
A.D. 1803-4.
44 Geobgb III. c. 54, 77.
393
be] within the provisions of an Act passed in the forty-fonrth year
of the reign of his present Majesty.
Signed, K.L.,
Commanding Officer.
the
SCHEDXILE (E.)
FoKM OF Certificate.
Commanding Officer of the
"Y I>0 heiipby certify, in pursuance of an Act passed in the forty-fourth year
-■- of the reign of his present Majesty, intituled " An Act " [here insert the
title of the Act], that the several persons herein named and described are
severally enrolled and serving in the said corps as effective members thereof,
and were effective members up to and on the fifth day of April preceding the
date of this certificate.
Signed,
Commanding Officer.
Dated the day of
3. c 53*
CHAPTER LXXVII.
An Act to render valid certain Marriages solemnized in certain Churches and
publick Chapels in which Banns had not usually been published before or
at the Time of passing an Act made in the twenty-sixth Year of the
Reign of His late Majesty King Qeorge the Second, intituled " An Act
" for the better preventing of clandestine Marriages."
[14th July 1804.]-
TTTHEREAS, since the making of an Act passed in'the twenty-sixth year of
^ ^ the reign of his late Majesty King Qeorge the Second, intituled " An »« Geo. 2. c. 83.
■* Act for the better preventing of clandestine marriages," and also of an Act
passed in the twenty-first year of the reign of his present Majesty, intituled
" An Act to render valid certain marriages solemnized in certain churches and 21 Geo.
" publick chapels in which banns had not usually been published before or at
" the time of passing an Act made in the twenty-sixth year of King George
** the Second, intituled *An Act for the better preventing of clandestine
" * marriages,' " divers churches and chapels have been erected and built within
that part of Qreat Britain called England, Wales, and town of Berwick-upon-
Twe^ which have been duly consecrated, and divers marriages have been
solemnized therein since the passing of the said last-mentioned Act ; but
hjr reason that in such churches and chapels banns of matrimony had not
nsaally been published before or at the time of passing the said first-mentioned
Act such marriages have been or may be deemed to be void : May it therefore
please yonr Majesty that it may be enacted, and be it enacted by the King's
most excellent Majesty, by and with the advice and consent of the lords
spiritual and temporal, and commons, in this present Parliament assembled,
394
44 George III. c. 77.
A.D. 1803-4.
Marriages
solemnized in
chapels, &c.
before March
25, 1805, shall
be valid.
Ministers who
have solem-
nized such
marriages shall
be indemnified.!
Registers of
snch marriages
to be received
as evidence.
Registers of
marria^
solemnized in
chapels to be
removed to the
parish churches
adjoining.
and by the authority of the same, that all marriages already solemnized or to
be solemnized before the twenty-fifth day of March one thousand eight hundred
and five in any church or publick chapel in that part of Great Britain cafled
England, Wales, and the town of Berwick-upon-Tweed, erected since the
making of the said Act of the twenty-sixth year of the reign of his late
Majesty King George the Second, and consecrated, shall be as good and valid
in law as if such marriages had been solemnized in parish churches, or publick
chapels having chapelries annexed, and wherein banns had usually been
published before or at the time of passing the said last-mentioned Act.
II. And be it further enacted by the authority aforesaid, that all parsons,
vicars, ministers, and curates, who, before the said twenty-fifth day of Mardi
one thousand eight hundred and fiye, shall have solemnized any of the
marriages which are hereby enacted to . be valid in law, shall be and they
are hereby indemnified against the penalties inflicted by the said Act of
the twenty- fifth year of the reign of his said late Majesty King George the
Second, upon persons who shall solemnize marriages in any other place than a
church or publick chapel in which banns had been usually published before or
at the time of passing the said last-mentioned Act.
III. And be it further enacted by the authority aforesaid, that the registers
of marriages solemnized or to be solemnized in the said churches or chapels,
which are hereby enacted to be valid in law, or copies thereof, shall be received
in all courts of law and equity as evidence of such marriages, in the same
manner as the registers of such marriages solemnized in parish churches or
publick chapels in which banns were usually published before or at the time
of passing the said Act of the twenty-sixth year of the reign of his said late
Majesty King George the Second, or copies thereof, are received in evidence :
Provided nevertheless, that in all such courts the same objections sh^ be
available to the receiving such registers or copies in evidence, as would have
been available to the receiving the same as evidence, if such registers or copies
iad related to marriages mentioned in such last-mentioned parish churches or
publick chapels as aforesaid.
IV. And be it fiirther enacted by the authority aforesaid, that the registers
of aU marriages solemnized in any publick chapels, which are hereby enacted
to be valid in law, shall, within fourteen days next after the said twenty-fifth
day of March one thousand eight hundred and five, be removed to the parish
church of the parish in which such chapel shall be situated, and in case
siich chapel shall be situated in an extra-parochial place, then to the parish
church next adjoining to such extra-parochial place, to be kept with the marriage
registers of such parish, and in like manner as parish registers are directed to
be kept by the said Act of the twenty-sixth year of the reign of his said late
Majesty King George the Second.
iD.180M.
44 Oeoboe IIL c. 94, 98.
395
¥
CHAPTER XCIV.
Ak Act to explain aa Act of the present Session of Parliament for consoli-
dsting and amending the Provisions of the several Acts relating to Corps
of Yeomanry and Volunteers in Qreat Britain, so far as respects the
iooonnting for Monies received by Volunteer Officers. {*}
[28th July 1804.]
"HEREAS by an Act passed in the present session of Parliament, intituled
An Act to consolidate and amend the provisions of the several Acts
" lebting to corps of yeomanry and volunteers in Great Britain, and to make
" fmiher regulations relating thereto/' certain sums of money are directed to be
pud to the oonmianduig or other officers of or persons belonging to corps or troops
or oQmpanies of yeomanry and volunteers in the several cases in the said Act
^ledfied, to be by such officers or other persons paid, applied^ and accounted
for, in the manner and for the purposes therein directed : Now, be it enacted
ini declared by the King's most excellent Majesty, by and with the advice
and consent of the lords spiritual and temporal, and commons, in this present
Pidiament assembled, and by the authority of the same, that no officer or
other person belonging to any corps or troop or company of yeomanry or
TohmteerB shall be deemed a publick accountant or sub-accountantj by reason
of toy monies which have been issued or shall be issued to or received by
Imby virtue of the said recited Act.
Recital of
44 Geo. d. c 54.
Officera , &e.
shall not be
deemed pob-
lick acoomit-
anto on acoonnt
of money re-
ceired under
recited Act.
CHAPTER XCVIIL
It Act to repeal the several Duties under the Commissioners for managing
the Duties upon stamped Yellum, Parchment, and Paper in Great Britain,
and to grant new and additional Duties in lieu thereof p>}
[28th July 1804.]
Host gracious Sovereign,
TXTHEREAS the several rates and duties upon stamped vellum, parchment,
* and paper, and upon other articles and things under the care of the
commissioneTs for mftTnigiTig the said duties are become very numerous,
intricate, and complicated, and it will tend to give facility to business and
ttmtribate materially to the public benefit to consolidate and simplify the
aame:
n. Aim whereas the commons of Great Britain and Ireland, in Parliament
assembled, towards raising the necessary supplies to defray the expenses of the
j^ and necessary war in which your Majesty is engaged, have resolved to
pant to your Majesty several new and additional and other duties on stamped
TeDmn, parchment^ and paper, and upon other articles and things under the
■naoagement of the commissionerB of the stamp duties ; and do therefore most
inmibly beseech your Majesty that it may be enacted, and be it therefore
i* Bep^ 80 far as relates to volonteers in Great Britain, 26 k 27 Vict. e. 65» n. 51.]
PThe sections and schedules here printed are rep^ Stat Law Bev. Act, 1872,
except 80 fiv as ibej idate to the duties on medicines and on licences for vending the
■Die, but exdnding from the exception the said sections so far a« they relate to the
•Dowanoes in schedole (C.).}
386 4,4 George III, c. 54. A.D. 18fl3-t.
CommiBBioned XTi. And be it fiirther enacted, that all commiBsioued officers of corps of
i^^ri^te yeomMiiy or volunteers who ahaU be disabled in actual aei-vice aball W
entitled to half entitled to half pay* according to their ranks ; tmd all non-commissioned
M^^ion^ officers, dnunmers, and private men of any corps of yeomanry or volimteera,
officers and 80 disabled, shall be entitled to the benefit of Chelsea Hospital ; and ihs
CheUea Hos- widowB of all Buch commissioned officers killed in service shall be entitled to
pital i BJid receive such pensions for life as are iriven to widows of officers in his Maientv'i
WldOWB of offl- , - '^ ° •' '
oen killed to regular forces.
CoDuoandiug XLII. AsD be it further enacted, that it shall be lawful for the command-
offie^maj yy, officer of any corps receivine arms and accoutrements suiiTilied at ths
appoint places ^,. i , - .- . - . i - , .,
for depositiDg public expense, or by subscnption, to appoint a proper place in ihe parish tst
anoB aad ao- place in which his ccrpa shall be formed, or in each of the different pariahes
oontrementB, '^ ^ , ' i-i-™.
and persoDB to Or places, if more companies than one are formed in different parishes sod
J^^"™^*. united in one corps, as the case may require and as may seem expedient for
depaty lien- the depositing and safe keeping of tiie arms and accoutremei^s of his isa^
i^w'than and ^^^ *^'' *** appoint projier p^Bons to repair and keep such arms in good sUt*
■ the eipensefl and Condition ; and it shall be lawful for any two or more deputy lieutenant
EWiand^ the ^^ '^^ suMivision in which any such parish or parishes shall be, and once a
[■ reeeivergsne- every year at the least, to view sudi arms and accoutremente for the purpM
I' conntfi" of ascertaining the state and condition thereof; and all reasonable expensli
k which shall or may be incurred in placing and keeping such aams and ooiM-
L trements, and in maintaining them clean and in proper repair, order, vA
F -■ condition, if approved of under the hands of two deputy lieutenants or <aM
t- deputy lieutenant and one justice of the peace of the subdivision in whid
K such arms and accoutrements shall be deposited, shall, on delivery to tlw
t. receiver general, if in England, of the county in which such arms shall Iw
f deposited, of a quarterly, haif-yearly, or yearly account thereuf, signed ftiul
p' approved by any two deputy lieutenants or one deputy lieutenant and oM;
l^ justice of the peace as aforesaid, together with the certificate of the coi
^ ing officer of Uie corps or captain of the company to which euch arms AJi
t belraig, that the arms are in good repair, state, order, and condition, be paid
\ by such receiver general as aforesaid out of any public monies in Uif! hands.
[ • and shall be allowed in the account of such receiver general as afuresaiJ ;
butnoeipcnBe Provided always, that no expense to be incurred as aforesaid shaO exceed i»'
the siun*^utho- tuDount such sum 38 his Majesty shall be pleased to authorize and direct
. med by hiB ^ny order to be communicated through his M^esty*s principal secretwf ^
state to the lieutenuit or deputy lieutenants of the county.
Acconnts of XLIIL Pbovided also, and be it enacted, that in Scotland thu accouufci ^
in BooS^*** *^ ^'^'^ expenses relative to the placing and keeping such arms md accontw
shall be tnuu- ments, and ^nl>■^n^J*■^Tl^■nfl^ them clean and in proper repair, order, and t i
boroDB of the certified in the manner above directed, shall be transmitted to tin 1
Ercheqaer baron and barons of the Court of Exchequer in Scotland, wli j ir
restrict the empowered to restrict the amount to sudi sum as they shall think tx. i.
amoMi and not exceeding such sum as his Miyesty shall have been plea6e<i t j n tl
tor payineiit. and direct in manner aforesaid, and to grant warrant for payment th
of the revennea of the land tax, assessed taxes, or consolidat 1 Jut
customs or excise, or any of Uiom, which they shall think lur t ] i i
apply for this purpose.
AJ). 1803-4.
44 George III. c. 54.
387
XLIV. Akb be it further enacted, that all arms delivered out of the public
stares or furnished at 'the public expense for the use of any corps of yeomanry
or volunteers shall be marked distinctly in some visible place with the letter
y. and the initial of the county to which such corps shall belong ; and in case
an; man shall seD, pawn, or lose any arms, accoutrements, clothing, or ammu-
nitioiiL delivered to him, or shall wilfully damage any such arms or accoutre-
meiiiB, every such man shall for every such offence forfeit and pay a sum not
exceeding forty shillings ; and if such man shall not immediately pay such
penalty it shall be lawful for any justice of the peace residing in or near the
plaee where the oSence shall be committed to take cognizance of the same, and
to ooomut such person as shall be convicted of such offence before him to
the next gaol or house of correction, to be kept to hard labour for any time
not exoeeding one week, or until he shall have paid the said penalty.
XLY. AiTD be it iurther enacted, that if any person shall knowingly and
wiUuUy buy, take in exchange, conceal, or otherwise receive any arms,. accou-
trements, or clothing, or any public stores or ammunition delivered for the use
of any corps of yeomanry or volunteers, the person so offending shall forfeit
and pay for every such offence the sum of ten pounds ; and if such offender
duill not immediately pay such penalty, and shall not have sufficient goods
and chattels whereon to levy such penalty by distress in the manner herein-
after mentioned, any such justice of the peace as aforesaid before whom he or
•keflhaO be convicted shall commit him or her to such common gaol or house
^ tmection, there to remain without bail or mainprise for the space of three
ttndii^ or until he or she shall have paid the said fine.
HVI. And be it further enacted, that whenever the persons enrolled in
ttjeorps of yeomanry or volunteer cavalry, whether any infantry be attached
to 8Qch corps or not, or the majority of them, when not summoned upon
Mtoal service, or voluntarily assembled for the purpose of doing military duty,
ttd sabjected to military discipline, under the provisions of this Act as afore-
aid, shall, through their commanding officer, signify in writing to the lieu-
taumt of the county wherein such corps shall be raised, or, in case of vacancy
or in the absence of the lieutenant, to the vice-lieutenant or deputy lieutenants
txeeuting the office of the lieutenant, their desire to assemble under the com-
sumd of their own officers at any convenient place or places within the same
ttnrnty, for the purpose of being trained and exercised for any space of time
not exoeeding in the whole fourteen days, either successively or at intervals
within the space of twelve months, and either in separate corps or together
with any other corps of yeomanry or volimteer cavalry who shall also have
Agnified their desire of assembling for that purpose . in like manner, or with
toy raiment, troop, or troops of his Majesty's regular forces of cavalry, in
ttse his Majesty shall think proper to give directions to such of his forces for
flat purpose, it shall be lawful for such lieutenant, vice-lieutenant, or deputy
lieatenants respectively, in pursuance of the desire of any such corps of
yeomanry or volunteer cavalry, to be signified in manner aforesaid, and with
the approbation of his Majesty signified by his principal secretary of state,
to make an order for assembling such yeomanry or volunteer cavalry, and
likewise to direct an order to any justice of the peace of the county where
such corps of yeomanry or volunteer cavalry shall be appointed to assemble,
BB 2
Aims to ba
marked.
Penalty for
selling or
damaging
arms, accoutre-
ments, &c.
If penalty be
not paid, the
offender may
be committed.
Penalty for
buying arms,
accoutrements,
&c.
If penalty be
not paid or
levied by dis-
tress, the of-
fender may be
committed.
When corps
of yeomanry,
&c. shaU be
desirous of
assembling
under the com-
mand of their
own officers,
the lieutenant,
with the ap-
probation of
his Majesty,
may make an
order for that
purpose, and
an order to any
justice of the
county, who
shall issue bis
precept for
billeting the
non-commis-
sioned officers
and privates
as his Majesty's
forces may be
billeted; but
corps flo as-
sembled shall
not be subject
to the Mutiny
Act, &c.
44 Georoe III. c. 54.
AJ). 1803-4.
Acta for bil'
letiughis Ma-
jesty's forces
to extend to
jreonuuuy, &c.
billeted aader
this Ad.
lieutenant,
&c. shall hare
fixed the day
and place of
any SDch corps,
he fiball certify
Ian to the se-
cretan at wtf ,
who ahall order
specifying tlie place or places at which and the time or times daring iriiieh
Buch corps of yeomanry or volunteer cavalry are to contioue so assemUwl
under the authority of this Act ; and the justice of the peace to whom Kuch
order shall be directed shall issue his precept to the constable, hcadborough,
tythingman, or other peace officer of the place where such corjis are to be
assembled, for quarteiing and billeting the non-commissioned officer.-;, tnunpeten
or buglemen, and privates of such corps, apon such persons, and in soeb
houses, situate in or near the place or places specified in sncii order, as hk
Majesty's forces may by law be quartered and billeted .upon ; ami fioni und
after the receipt of such precept it shall be lawful for sudi coiLstaijle, htal-
borough, tythingman, or other proper officer as aforesaid, (md lie is huoby
required to billet the non-commissioned officers, trumpeters or bii^'knien, and
private men of such corps of yeomaniy or volunteer cavalry iji or near such
place or places as aforesaid, and in such manner as any of his Jliijusty'^ other
forces may by law be quartered and billeted therein as aforesiiid : Proviiltd
always, that nothing herein contained shall extend or be constnird to ustemi
to subject any such corps to the provisions of any Act then in I'oict: fui the
punishment of mutiny and desertion, or any Articles of War inadu in jiar-
suance thereof, by reason of any such assembling for the purpu.>[i nf Iming
trained and exercised for any space of time not exceeding fouiiein days »
aforesaid.
XLVII. Ahd he it further enacted, that in all cases, and duriny tlie titiiM
in which any corps of yeomanry or volunteer cavalry shall be (jUiirtLred and
billeted in pursuance of the provisions of this Act, all and everj- the [lOft'ors,
provisions, rules, penalties, matters, and things provided and e-^tabli^lied by
any Act or Acts now or hereafter to he in force for quartering ami ijilleting
his Majestys forces shall be used and put in practice for quart^iitig and
billeting such corps of yeomanry or volunteer cavalry, as fully ami etfeclually
as if aiU and every the said powers, provisions, rules, penalties, mattcre, and
things had been specially enacted in the body of this Act, so fai- as the liame
shall by his Majesty be deemed appUcaUe to corps of yeomaory or volunteer
cavalry.
XLVIIL And be it further enacted, that whenever the lieutenant or deputy
lieutenants acting as aforesaid of any county shaJl have fixed tli^ day £Jid
place of exercise for any such corps of yeomanry or volunteer cavaliy, he or
they shall as soon as may be certify the same to the secretary at war or his
deputy, specifying the number of men and the number of days .'ijipointi-d for
exercising them, not exceeding in the whole fourteen days ; and tlic sucretAiy
at war or his deputy is hereby required, within fourteen days after tiic i-eceipt
of such certificate, to cause to be issued and paid to Uie officer having tbe
command of each corps at the rate of two shillings per day for each volTinttEf
of yeomaniy or of volunteer cavalry who shall attend tJie place of oxLTtise.
and one shilling and fourpence per day for each horse, nuue, or gelding
belonging to such corps, and used in exercise on that day.
XLIX And be it further enacted, that the officer having the conimaQd of
such corps of yeomanry or volunteer cavalry shall make up an accotmt of all
the monies received and paid by him on account of such exercise in tlio
fiillowing form :
t
A.D. 1803-4.
44 Geobge III. c. 54.
389
Coanty of
To cash received for
days pa J of
To ditto for
allowance for
Dr. per Contra Cr.
s.
d.
s.
Paid yeo-
men manry men, for their at-
tendance at the place of
days exercise on the days ap-
horees pointed^ heing days
pay ....
Paid allowance
for horses, used in
exercise for days
Winch acoount shall be signed by the officer having the command of such
eoTps ; and such officer shall, within ten days after the time such exercise is
fimsbed, ddiver such account, and pay the balance, if there be any due, to
sQch peison as the secretary-at-war or his deputy shall order and direct
L. And be it further enacted, that all money subscribed by or for the use of
any corps of yeomanry or volunteers, and all arms, stores, ammunition, drams,
fifes^ or musical instruments, or other articles of whatever kind or sort the
suae may be belonging to any such corps, or used by any such corps, not
bong the property of any particular individual of such corps, shall be and the
Mne are hereby declared to be vested in the commanding officer thereof for all
fvpnes of indictment, action, or suit, criminal or civil, in law or equity, and
dull 6r such purpose be deemed and taken to be the property of such com-
moSng officer, and shall and may be laid so to be in any indictment, or may
kned for and recovered as such, or may be stated to be sach in any action
or suit relating thereto ; and no indictment, suit, action, or prosecution shall
be dboontinued or abated by the death, resignation, or removal of any such
oommanding officer, but the same may be proceeded in by the succeeding
commanding officer, or the commanding officer for the time being, any law,
CQstom, or usage to the contrary notwithstanding.
LL And be it farther enacted, that where any person enrolled in any corps
tf yeomanry or volunteers shall neglect or refuse, on demand made for that
ptnpose, to pay any sum or sums of money subscribed or required by any rules
or regolations of such corps to be subscribed by him towards any expenses
thereof, or to pay any fines or penalties incurred under any of the rules or
regulations thereof, then and in such case it shall be lawful for any justice
of the peace residing in or near to the place where such corps shall be, on
Application made for that purpose by any oommanding or field officer, or
adjutant or serjeant major nnder any order of the conmianding officer of any
«ich corps, and proof thereof, to direct doable the amount thereof to be paid as
I penalty or forfeiture ; and if such person shall refuse or neglect to pay the
nmeforthe space of seven days, then to cause the same to be levied by distress
and sale of the de&ulter's goods and chattels, by warrant under his hand and
seal, rendering the overplus, if any, on demand, after deducting the charges of
mich distress and sale, to the persons whose goods and chattels shall have been
10 distrained and sold ; and the sums so levied shall go to the general stock of
SQch corps to be applied in the general expenses thereof, in like manner as any
subscription or sum of money received by or for such corps iQay be applied.
and shall de-
liver it and pay
the balance
(if any) to
sach person as
the secretary
at war shall
appoint.
Sabscripdons,
arms, &&
vested in the
commanding
oflicer.
Ifsahseriptions
or fines be not
paid, a jostiee
maj direct
doable the
amoantto be
paid, which
may be levied
by distress.
Applicatioo of
the money.
I •
400
\
;•
r
Any judge of
the King's
Beneh, &c.
may award
writs of habeas
corpus for
bringing pri-
soners before
courts to be
examined as
witnesses.
\
44 George III. c. 102.
CHAPTER CIL
A.D. 1803-4.
An Act for the more effectual Administration of Justice in those Parts of
the United Kingdom of Great Britain and Ireland called England and
Ireland by the issuing of Writs of Habeas Corpus ad testifieanduin, in
certain Cases. [28ih July 1804.]
y\T HEKEAS it is expedient for the more effectual administration of justiee
^^ in those parts of the United Kingdom of Great ^Britain and Ireland
called England and Ireland that farther provisions should be made for the
issuing of writs of habeas corpus ad testificandum in certain cases: Be it
therefore enacted and declared by the King's most excellent Majesty, by and
with the advice and consent of the lords spiritual and temporal, and commonfi,
in this present Parliament assembled, and by the authority of the same, that
from and after the passing of this Act it shall be lawful for any judge of hia
Majesty's courts of King's Bench or Common Pleas of England and Ireland
respectively, or any baron of his Majesty's Court of Exchequer of the degree
of the coif in England, or any baron of his Majesty's Court of Exchequer in
Ireland, or any justice of oyer and terminer or gaol delivery, being such judge
or baron as aforesaid, at his discretion, to award a writ or writs of habeas
corpus, for bringing any prisoner or prisoners detained in any gaol or prison
before any of the said courts, or any sitting of nisi prius, or before any other
court of record in the said parts of the said United Kingdom^ to be there
examined as ^ witness or witnesses, and to testify the truth before such courts,
or any grand, petit, or other jury, in any cause or causes, matter or matters,
civil or criminal, whatsoever, which now are or hereafter shall be depending or
to be enquired into or determined in any of the said courts.
45 GEORGE III. A.D. 1805.
. statutes made at the parliament
Begun and holden at Westminster, the Sixteenth Day op November,
A.D. 1802,
In the FORTY-THIRD Year of the Reign of
King GEORGE the Third,
And from thence continued by several Prorogations to the
Fifteenth Day of January, A.D. 1805,
Being the Third Session of the Second Parliament of the Untted
Kingdom of Great Britain and Ireland.
CHAPTER XXVIIL
An Act for grantmg to his Majesty additional Stamp Duties in Great Britain
on certain Legacies. [5th April 1805.]
Most gracious Sovereign,
W1B, your Majesty's most dutiful and loyal subjects, the commons of the United
Kingdom of Great Britain and Ireland, in Parliament assembled, towards
raising the necessary supplies for defraying your Majesty's publick expences, and
A.D. 1805.
45 George III c. 28.
401
nifcVing a pemument addition to the publick revenue, have freely and voluntarily
resolved to give and grant unto your Majesty the duties herein-after mentioned ; and
do most humbly beseech your Majesty that it may be enacted, and be it enacted by the
King's most excellent Majesty, by and with the advice and consent of the lords spiritual
and temporal, and conunons, in this present Parliament assembled, and by the authority
of the same, that there shall be raised, levied, collected, and paid throughout the kingdom j)atie8 to bo
of Grreat Britain upon all legacies, specifick or pecuniary, or of any other description, paid on le-
whether the same be charged upon or payable out' of any real or personal estate, and gacioB, &c.
upoD aQ residues or shares of personal estate left by any will or testamentary instru-
ment,, or divided by force of the statute of distributions, or the custom of any province
or place, and upon monies or residues or shares of monies arising from the sale of real
estates by any will or testamentary instrument directed to be sold^ the respective duties
following ptep., Stat. Law Rev. Act, 1872. J ;
v. Akb be it further enacted, that the duties hereby granted upon legacies,
or diarged upon or [made payable out of any real estate, or out of any monies
to arise by the sale of any real estate, or upon residues or parts or shares of
residnes of any such monies, shall be accounted for, answered, and paid by the
trustee or trustees to whom the real estate shall be devised, out of which tho
legacy or legacies, or shara or shares of any money arising out of the sale or
mortgage or other disposition of such real estate shall be to be paid or satis-
fied, or if there shall be no trustees then by the person or persons entitled to
sodi real estate subject to any such legacy, or by the {person or persons
empowered or required to pay or satisfy any such legacy ; and the said duties
Bhallbe retained by the person paying or satisfying any such legacy or share
of ifioney, in like manner, and according to such rules and regulations, and
imierand subject to such penalties, as far as the same can be made applicable,
MB are contained in an Act passed in the thirty-sixth year of the reign of his
present Majesty, intituled " An Act for repealing certain duties on legacies
'^ and shares of personal estates, and for granting other duties thereon in
'^ eertain casea"
Duties on le^a-
ciei charged
on real estate
to be paid by
the trustees,
or the persons
entitled to
such estate.
86 Geo. 8. c. 62.
Vll Ain> be it further enacted, that all the The prorislons
jffovisions, clauses, r^ulations, penalties, forfeitures, matters, and things in the ^^^| Sl'ppiy
said Act contained in relation to legacies put of personal estates, or to the col- to legacies
lecting any duties thereon, or valuation of any annuities, or periods of paying ^^tic? '^
the duties thereon by instalments or otherwise, shall, so far as the same can be
made applicable, and in all cases not expressly provided for by this Act, extend
to and be pat in force in relation to legacies, annuities, and shares of money
ariaiDg or to arise out of any real estate ; and all directions, provisions, for-
feitoreSy and penalties in the said Act contained as to executors and adminis-
tmtoiB shall be applied to all trustees and owners of any real estates chargeable
with legacies, annuities, or shares of money, or out of which, or any money U)
arise tiierefrom, against any such legacies, annuities, or shares of money shall
be to be satisfied, as fully and amply as if all such provisions, clauses, regula-
tions, penalties, forfeitures, matters, and things had been rejicated and re-enacted
in tills Act in relation to legacies, annuities, and shares of money arising or to
arise out of any real estate.
vol- IV.
cc
402
45 Georoe III. c, 28, 71.
A.D. 1
XII. And be it further enacted, that if any action or suit shall be brought
or commenced against any person or persons for any thing done in pursuance
of this Act, then and in every such caae the said action or stiit shall be
commenced within six calendar months after the fact committed, and not
afterwards, and shall be broiight in the county or place whei-e thr caii.se nf
action shall arise, and not elsewhere ; and the defendant or defemlant', in siiti
action or suit to be brought may plead the general issue, and givo this Art
and the special matter in evidence at any trial to be had thereu]jiiD, iind that
the same was done in purauanee and by the authority of this Act ; an'l if it
shall appear to be so done, or if any such action or suit shall be limugbt aiW
the time before limited for bringing the same, or shall be hnjiight in any
other county, city, or place than as aforesaid, then and in every «uch case the
jury shall find for the defendant or defendants; and if upoa sudi M-Tdid. arif
the plaintiff or plaiatiffs shall become nonsuited, or discontinue his, her, or tlieir mioe,
or if a vwdict shall pass against the plaintiff or plaintiffs, or if upon dcniHrrer jnilge-
ment shall be given against the plaintiff or plaintiffs, the defendant oi doJcmlanta ^aH
and may recover treble costs, and have the like remedy for the same as iiiiy rkfendant
or defendants hath or have for costs of suit in other cases by law. [Rep., j ft; 0 Vjw.
c. 97. B. 2.J
CHAPTER LXXL
An Act to amend the several Laws relating to the Duties under tbi' ^lniia<,fi^
ment of the Commissioners for the Affairs of Taxes. [27th .Tiini l^nv]
"TTTHEREAS it is expedient to amend the several laws I'L'hitin^ u> th*
' ' duties under the management of the commissioners for tjji jiffaii'= of
taxes in the particulars herein mentioned : May it therefore p]i.nsc yirar
Majesty that it may be enacted, and be it enacted by the Kiu;,'-* most ex-
cellent Majesty, by and with the advice and consent of the I'.nfs spiiitnal
and temporal, and commons, in this present Parliament assembled, iu]d \>y the
EweiTer gene- authority of the same, that every account of the monies received auil paid ly
in England ^^^y receiver general of the said duties or any of them or by liis 'le]iutj or
to be verified deputies in England, which shall hereafter be transmitted to the utlice for
taxes according to the usage thereof, shall be verified on the oath ur oaths of-
such receiver general or his deputy or deputies to the best of his or tbarj
knowledge or belief, which oath may be administered by any cumniissionflfj
acting in the execution of any of the Acts relating to the said duties in
district where he shall so act ; and such oath shall be deemed fa be of the lit*
force and effect to infer pains and penalties, as any oath to be ailiniiiist^
by commissioners in any matter relating to the execution of the tiaid Atfn;
saving always to the barons and officers of bis Majesty's Court of Eschti^off
in England, and the commissioners for the affairs of taxes, their powur ieip«"
tively to administer such oaths according to ancient usage.
II. And be it further enacted, that the duplicates of the a.s'iessmenl^
directed by the said Acts to be sent and delivered by the respcctivo cMiuTJiis-
siooers to the King's remembrancer in England, to be kept in his Jliijesly'f
A.D. 1805. 45 George III. c. 71, 77. 403
Exdieqner, shall hereafter be sent by them to, and delivered at the office for f<ent to the
twies, ; and if such duplicates shall not be so deli- brancer^SST"
Teied within the time required by the respective Acts in that behalf, the clerk ^ wnt to the »
to the commissioners who shaU wilfully offend against the provisions of this pur
Act shall forfeit the sum of filty pounds, to be recovered and applied as any neglect.
penalty may be recovered and applied by any Act relating to the said duties.
IV. And whereas receivers have in some instances been ^prevented, and may
hereafter be prevented, without any wilful neglect or default on their part,
from passing their land tax accounts in the Exchequer within the periods
{H«seribed by law, by reason whereof they would be unable to set insuper or
daige the respective counties, divisions, or places for which they are receivers
for any monies which may be in arrear and unpaid, and would become
answerable for such monies in arrear ; and it is expedient to provide relief in
Boch cases : Be it therefore enacted, that whenever it shall be made appear to
the aatisfiiction of the commissioners for the affairs of taxes, or any three or CommiMionen
mm of them, that the receiver of any county, division, or place in England ^'Jj^^ ^^
bath been prevented by reason of correct and proper duplicates of land tax empower re-
aotbaving been transmitted to him, or for any other cause not arising from ^Super^d^
Us own wilful neglect or default, from passing his land tax accounts in the charge couDtiefl
IxAequer, either for the year ending the twenty-fifth day of March one uLd^^!*^
tknaand seven hundred and ninety-nine or for any 'subsequent years, within ^though they
tk periods prescribed by law for passing accounts of land tax by receivers, thdr aecoanta
HsMbe lawful for the said commissioners or any three or more of them wit^ndue
l^ writing under their hands to authorize and empower such receiver to
atflisaper or charge such county, division, or place for any monies granted
I^Tirtae of an Act passed in the thirty •eighth year of his present Majesty^s
re^ for granting an aid to his Majesty by a land tax, which shall be in
vrear and unpaid ; and in every such case it shall be lawful for such receiver
to set insuper and charge such county, division, or place for the monies
flo in arrear and unpaid in like manner in all respects, and such and the
like process may and shall therenpon issue for the recoveiy thereof as if
ndi accounts had beep declared and passed in the Exchequer within the
poiod prescribed by law for passing accoants of land tax by receivers.
CHAPTER LXXVIL
Ak Act to amend and render more effectual an Act passed in the Forty^
second Year of His present Majesty's Keign, for consolidating the Pro-
visions of the several Acts passed for the Bedemptioo and Sale of the
land Tax into one Act [2d July 1805,]
TIJHEREAS an Act passed in the forty-seetaid year of his present Majesty's
reign, intituled ''An Act tor eonsolidatibg the provisions of the several 4± r;eo. z,
"* iets passed for the redemption and sale of the land tax into one Act, and ^ ^*^'
** for making further provisions for the redemption and sale thereof, and for
" lemoving doubts respecting the right of persons clainuDg to vote at elections
" for knights of the shire and other members to serve in Parliament, in re^^y.ect
c c 2
W-
45 Geokge III. c. 77.
A.D. 1805.
Wbereland
tax npon the
glebe, &c. of
a living haa
heen redeemed,
&c., the in-
cumbent for
the time being
nuiy purchase
ao Bwigameat
thereof for
the benefit of
such living,
and majnuse
money for the
parpo«e by
sale, &c.
AppllcBtion of
tbe money
triling tnra
BQCih sale, Jfec.
Aisifpiments,
&c. not liable
to stamp daty.
Conditions on
vhich divi-
deods shall
he isnied to
bodies poUtick,
&C. in respect
of bank an-
from the gale
of premises
for redemp-
tion of (he
" of mesanages, lands, or tenements, the land tax upon which shall have been
" redeemed or purchaaed " : And whereas it is expedient that the said Act
should be amended and rendered more effectual in some respects : Be it there-
fore enacted, by the King's most excellent M^esty, by and with the advice ud
consent of the lords spiritual and temporal, and commons, in this presept Fir-
liament assembled, and by the authority of the same, that where the land Ux
chaiged upon the glebe lands, tythes, or other profits of any liviiin; shall have
been or shall be redeemed or purchased by the patron or patrons, or wj
former incumbent thereof, or by any other person or persons, it i^hall he larful
for the incumbent for the time being of such living to treat and agree for tbe
purchase of an assignment of such land tax for the benefit of such Uviog, uiil
for the purpose of raising money to purchase such assigmuoiit from bucK
patron or patrons, or former incumbent, or other person or persons, his, her, or
their heirs, executors, administrators, or assigns, to carry into execution all
and every or any of the powers which by the 'said recited Act rtc given in
order to raise money by sale, mortgage, or 'grant, for the redemption nf land
tax, in such and the same manner, and ander and subject to i^ucli and ihe
same rules, restrictions, and regulations in all re^>ect8 as such incumlwiit for
the time being might have carried into execution the same pnwers for the
purpose of redeeming such land tax in the first instance ; and thi' land tax bo
assigned shall forthwith become meiged and extinguished for the lienefit of
such living : Provided always, that the monies to arise IroHi noy such sale,
mortgage, or grant shall not be paid into the Bank of England, or to an;
receiver general or collector, but the same, or so much thereof as .'^hall be
requisite, shall, under the order of any two of the commissJoneis appointed
or to be appointed for the purposes of the said recited Act undur the gr<^
seal, be paid to the person or persons assigning such land tax, wbo^ receipt
or receipts, in pursuance of such order, shall eSfectually discharge the respective
purchasers or mortgagees ; and the remainder of such monies, in case any such
shall be, after payment of the costs and expences which &hall have been
incurred on account of such sale, mortgage, or grant and aaognment, and have
been allowed by the said commissioners, shall, in pursuance of the like order,
be paid into the Bank of England, or to the receiver general ur collector, as
the case may require, and be applied in like manner as in the said recited Aci
is directed in the case of monies arising from sales, mortgages, or grants made
for the purpose of purchasing assignments of land tax under the ^oid Act;
Provided also, that no such assignment of land tax, or any such deed of sale,
mortgage, or grant, in pursuance of this Act, shall be liable to any stamp dutf
whatever.
11. And be it further enacted, that no dividends shall be issued at tlio But
of England to any bodies politick or corporate or companies <]r feoffe« <■
trustees for charitable or other publick purposes, in respect of any l*"^
annuities which shall have been purchased with any monies which have tre^
or shall arise from the sale, mortgage, or grant of any manors, mes^mAgE^
lands, tenements, or hereditamdbts belonging to any sudi bodies [>oiitict or
corporate or companies or feoffees or trustees for charitable or t^thur publict
purposes, for the redemption of land tax, unless and until the litxlies |)o1itic)>
or corporate or companies or feoffees or trustees for charitable or other piiUick
purposes applying for such dividends shall have obtained and shall proiluce W
f
iU 1805.
45 George IIL c. 77, 84.
405
ilie cashier of the Bank of England a certificate under the hands of any two of
the said commissioners appointed or to be appointed under the great seal
oertifying tiiat it hath appeared to them, by the production of the contract for
tbe redemption of the land tax, or by the affidavit of the agent or some other
peraon acting in behalf of such bodies politick or corporate or companies [or
feoffees or trustees for charitable or other publick purposes, that they have
redeemed or are proceeding or intend bon& fide aivd with reasonable diligence
to redeem the land tax charged on their manors, messuages, lands, tenements,
or hereditaments, or so much and such part of the said land tax as it had
been proposed to redeem by the monies arising from the sale, mortgage, or
gnnt, which by the said commissioners, or any two of them, had been
cathonzed to be made for that purposa
CHAPTER LXXXIV.
Ak Act for making more efiectual the gracious Intentions of her late Majesty
Qaeen Anne, for the Augmentation of the Maintenance of the Poor Clergy,
so far as relates to the Beturos of Certificates into the Exchequer and
Gifts of Personal Property. [2d July 1805.]
'HEREAS by an Act passed in the first year of the reign of his late Beoitai of
V
Majesty King Geoige the First, intituled "An Act for making more J, ^* *•**•*■
*" eKefcual her late Majesty's gracious intentions for augmenting the main-
* teunce of the poor deigy," the respective bishops of every diocese were
oipowered from time to. time, as they should see occasion, and as might best
Knre the purposes of the said bounty to the poor clergy, to inform themselves
lysoeh means as in the said Act are mentioned of the clear improved yearly,
▼line of every benefice with cure of souls, living, and curacy, and of the true
ttd dear improved yearly value of the maintenance of every parson, vicar,
borate, and minister officiating in any such churches or chapels as are therein
mentioned, and how such yearly values arose, with the other circumstances
tbereof, and the same to certify to the said governors for their better iufor-
maiion in the premises ; in which said Act is contained a proviso, that where
by certificates returned into her said Majesty's Court of Exchequer at West-
minster, pursuant to an Act made in the fifth year of her reign, intituled " An 6 Ann. c. 24.
* Act for dischaiging small livings from their first fruits and tenths, and all
* arrears thereof" ; and one other Act made in the sixth year of her reign,
intituled " An Act to enlarge the time for returning the certificates of all « Ann. c 54.
*" ecclesiastical livings not exceeding the yearly value of fifty pounds, and for
" other purposes," or either of them, or made good by the said recited Act of
the first year of King George the First, the yearly value of any livings not
exceeding the dear yearly value of fifty pounds were particularly and duly
e3q)re8sed and specified, such certificates should ascertain the yearly values of
such livings, in order to their being augmented by the said governors, and no
new or different valuation thereof should be returned to the said governors
hjr virtue of the said recited Act : And whereas since the time that such certi-
ficates were returned into the Exchequer in pursuance of the said Acts
of the fifth and sixth of her said late Majesty Queen Anne many livings in
s
406
45 Qeoboe hi. c. 84.
A.D. 1803.
Bishops, &,c.
may enquire
into the im-
proved value
of benefices
returned into
the Exchequer
imder former
Acts, and cer-
tify tb« same
Dors of Queen
Anne's boant;,
who maj act
upon 'the new
certiflcBtes us
they arc Don
enabled to do
with respect tc
livings not bo
relumed iuto
the Exchequer.
Former certi-
ficates shall
□ot be affected
with respect to
the discharge
of livingB fnim
first frnits, &c.
sucli certificates mentioned, and thereby returned as not exceeding the dear
yearly value of fifty pounds, for the purpose of being discharged from first
fruits and tenths, are by subsequent improvement of their glebes and titliea,
and by inclosures and oth^ means, become of much greater value ; and in
order tiiat the bounty of her said late Migesty may be applied as was origi-
nally intended for the augmentation of small livings in places where ^e eame
are not already sufficiently provided for, fuid that her Majesty's gracions inten-
tions for the relief of the poor clergy may be more speedily and efiTecbuUy
carried into execution, it is become expedient that the governor of the aaid
bounty should be empowered to receive new valuations of such livings as vere
80 returned into the Exchequer : May it therefore please your Majes^ that it
may be enacted, and be it enacted by the King's most excellent Majesty, bv
and with the advice and consent of the lords spiritual and tempor^ and
commons, in this present Parliament assembled, and by the authority of the
same, that the respective bishops of every diocese and the guardiam of
spiritualities eede vacante shall be and are hereby empowered from timE to
time, as they shall see occasion and as may best serve the purposes of thesnid
bounty to the poor clei^, by such ways and means as in the said Act of tlie
first year of his Majesty King George the First are mentioned in that belalf.
to inform themselves of the clear improved yearly value of such benefices »ilh
cure of souls, livings, and curacies as were returned into the Excheqoei in
pursuance of the said Acts of the fifth and sixth years of the reign of her aiiil
late Majesty Queen Anne, within their several dioceses, or within any p«u-
liars or places of exempt jurisdiction within the bounds and limits of their
respective dioceses, or adjoining or contiguous thereto, although the same W
exempt from the jurisdiction of any bishop in other eases, and how siidi
yearly values arise, with the other circumstances thereof; and the same, or
such of them whereof they shall have fully informed themselves, from timt-
to time with aU convenient speed bo certify to the said governors of the
bounty of Queen Anne for the augmentation of the maintenance of the poor
clergy, for their better information in the premises ; and the said governors
are hereby authorized and empowered, with respect to the angmentetJon of
such livings so formerly certified into tJie Exchequer as aforesaid, to act n[iin
and be guided by such new certificates of the value and other circumstancis
thereof made in pursuance of this Act, as fully and effectually to all intent.^
and purposes as they are in and by the said first herein-before mentioned sni
in part recited Act enabled to do with regard to such livings as were not -n
certified into the Exchequer, and as if the restraint of the said proviso thewin
had not been made, the same proviso or any thing in the said recited Ad to
the contrary thereof in anywise notwithstanding.
II. Pbovided always, and be it enacted, that such certificates as ir:
returned into the Exchequer for the purpose of ascertaining what livings ^^
to be discharged from first fruits and tenths, shall not, so fiir as the same rdite
to the first fruits and tenths, be affected or altered in any manner what8oe<.'er
by any thing in this Act contained.
III. And in order to facilitate the intentions of all such persons as may ^
disposed to contribute to the augmentation of such livings and curacies as i^
within the meaning of the laws now in force respecting the said bounty, ''f
it further enacted, that it shall be lawful for any person or persons having ii^
A.D. 1805.
46 George III. a 84, 89,
407
Ms, her, or their own right any money, goods, chattels, or other personal
effects, at his, her, or their Mdll and pleasure, to give or grant to or vest in
the said governors of the bounty of Queen Anne and their successors, to be
hy them disposed of according to law, all or any part of such money, goods,
diattels, or other peiBonal effects, without any deed or deeds, either enrolled
or not enrolled, in like manner as he, she, or they could or might have done,
either by deed or deeds enrolled or otherwise, before the passing of this Act,
anj statute or law to the contrary in anywise notwithstanding.
IV. Provided nevertheless, that nothing herein contained shaU in any
maimer alter or affect the law now in force respecting the gift or conveyance
of any lands, tenements, or hereditaments by any deed or deeds, or the dis-
position thereof or of any goods,, chattels or other personal property by will
or testament.
Persons may
give personal
property to
the govemors
without deed.
Saving of laws
as to gifts of
land and dis-
positions by
I will.
2 Geo. 2. c. 25.
CHAPTER LXXXIX.
A5 Act to alter and extend the Provisions of the Laws now in force for the
Punishment of the Forgery of Bank Notes, Bills of Exchange, and other
Securities to every Part of Great Britain I*J [10th July 1806.]
iyflEREAS by an Act passed in the second year of ,the reign of his
''^ late Majesty King George the Second, intituled "An Act for the more
" effeetaal preventing and further punishment of forgery, perjury, and subor-
•^ nation of perjury, and to make it felony to steal bonds, notes, or other
"MOirities for payment of money,'' and also by an Act passed in the
seratii year of the reign of his said Majesty King George the Second, intituled
* in Act for the more effectual preventing the forging or acceptance of bills 7 Geo. 2. c. 22.
• rf exchange, or the numbers or principal sums of accountable receipts for
' notes, bills, or other securities for payment of money, or warrants or orders
" for payment pf money or delivery of goods," and aJso by an Act passed in
tie thirty-first year of the reign of his said Majesty King George the Second,
intituled " An Act for granting to his Majesty several rates and duties upon 31 Geo. 2. c. 22.
" offices and pensions, and upon houses, and upon windows or lights, and for
" mifiing the sum of five miUions by annuities and a lottery, to be charged on
" the said rates and duties,'' and also by an Act passed in the fifteenth year
of the reign of his said Majesty King George the Second, intituled " An Act i5Geo.2.ci8.
** for establishing an agreement with the governor and company of the Bank
" of England for advancing the sum of one million six hundred thousand
" pounds towards the supply for the service of the year one thousand seven
" hundred and forty-two," and also by an Act passed in the forty-first year
of the reign of his present Majesty King George the Third, intituled " An Act 4i Geo. 8.
" for the more effectually preventing the forgery of bank notes, bank bills of ^^'^'^ ^' ^^'
" exchange, and bank post bills," certain provisions were made and enacted
for the preventing and punishing the forgery of bank notes, and other notes,
tillfl, and instruments in these Acts respectively mentioned : And whereas it
IS expedient that such provisions should extend and be in force in every part
of Great Britain, with such alterations and amendments therein as are hereby
>nade : Be it therefore enacted by the King's most excellent Majesty, by and
I» Rep., ae to Engknd, 11 Geo. 4. & 1 WiU. 4. c. 66. s. 31. J
408
45 George III. c. 89.
A.D. 1805.
Fenoos forg-
ing deeds, wills,
and securities
for payment of
money, &c. or
offering any
forged deeds,
&c., shall be
guilty of felony
without benefit
of clergy.
Hie like pro-
yision in cases
of forgery of
bank notes, &c.
of the Bank
of England.
Punishment of
persons (ex-
cept officers
of the Bank)
making or
having in their
possession
frames for
making paper
of the descrip-
tion herein
mentioned, or
making or
having in their
possession such
paper.
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
if any person or persons shall from and after the passing of this Act falsely
make, forge, counterfeit, or alter, or cause or procure to be falsely made, forged,
counterfeited, or altered, or willingly act or assist in the false making, forging,
counterfeiting, or altering any deed, will, testament, bond, writing obligatory,
bill of exchange, promissory note for payment of money, indorsement or
assignment of any biU of exchange or promissory note for payment of money,
acceptance of any bill of exchange, or any acquittance or receipt either for
money or goods, or any accountable receipt for any note, bill, or other security
for payment of money, or any waxrant or order for payment of money or
delivery of goods, with intention to defraud any person or persons, body or
bodies politick or corporate whatsoever ; or shall ofter, dispose of, or put away
any false, forged, counterfeited, or altered deed, will, testament, bond, writing
obligatory, bill of exchange, promissory note ftr payment of money, indorse-
ment or assignment of any bill of exchange or promissory note for payment d
money, acceptance of any bill of exchange, acquittance, or receipt, either for
money or goods, accoimtable receipt for any note, bill, or other security for
payment of money, warrant or order for payment of money or delivery of
goods, with intention to defraud any person or persons, body or bodies politick
or corporate, knowing the same to be false, forged, counterfeited,. or altered;
then every person or persons so offending, and being thereof lawfully convicted
according to the due course of law, shall be deemed guilty of felony, and sball
suffer death as a felon without benefit of clergy.
II. And be it fiirther enacted, that if any person or persons shall from and
after the passing of this Act forge, counterfeit, or alter any bank note, bank
bUl of exchange, dividend warrant, or any bond or obligation under the
common seal of the governor and company of the Bank of England, or any
indorsement thereon, or shall offer or dispose of or put away any such forged,
counterfeit, or altered note, bill, dividend warrant, bond, or obligation, or the
indorsement thereon, or demand the money therein contained or pretended to
be duo thereon, or any part thereof, of the said company or any their oflScers
or servants, knowing such note, bill, dividend warrant, bond, or obligation,
or the indorsement thereon to be forged, coimterfeited, or altered, with intent
to defraud the said governor and company, or their successors, or any other
person or persons, body or bodies politick or corporate whatsoever, every
person or persons so offending, and being thereof convicted in due form of
law, shall be deemed guilty of felony, and shall suffer death as a felon vnthout
benefit of clergy.
III. And be it further enacted, that if any person or persons (other than
the officers, workmen, servants, or agents for the time being of the governor
and company of the Bank of England, to be authorized and appointed for that
pmrpose by the said governor and company, and for the use of the said
governor and company only) shall from and after the passing of this Act
make or use, or cause or procure to be made or used, or knowingly aid or
assist in the making or using, or (without being authorized or appointed as
aforesaid) shall knowingly have in his, her, or their custody or possession
(without lawful excuse, the proof whereof shall lie upon the party accused)
any frame, mould, or instrument for the making of paper with curved or
iuD. 1805.
45 George IIL a 89.
409
waving bar llneB, or with the laying wire lines thereof in a waving or curved
shape, or with any number, sum, or amount expressed in a word or words in
Roman letters visible in the substance of such paper ; or shall manufacture,
make, use, vend, expose to sale, publish, or dispose of, or cause or prociure to
be manufactured, made, used, vended, exposed to sale, published^ or disposed
of, or aid or assist in the manufacturing, making, using, vending, exposing to
sale, publishing, or disposing of, or (without being authorized or appointed as
af(»t8aid) shall knowingly have in his, her, or their custody or possession, any
paper whatsoever with curved or waving bar lines, or with the laying wire
lines thereof in a waving or curved shape, or having any number, sum, or
amount expressed in a word or words in Roman letters appearing visible in the
sabstance of such paper ; or if any person or persons (except as before excepted)
shall by any art, mystery, or contrivance cause or procure the numerical sum
(X amount of any bank note, bank bill of exchange, or bank post bill, blank
hank note, blank bank bill of exchange, or blank bank post bill in a woi*d or
words to appear visible in the substance of the paper whereon the same shall
be written or printed^ or shall knowingly aid or assist in causing the numerical
Bom or amount of any bank note^ bank bill of exchange, or bank post bill,
blank hank note, blank bank bill of exchange, or blank bank post bill in
a word or words in Roman letters to appear visible in the substance of the
paper whereon the same shall be written or printed ; every person or persons so
oKnding in any of the cases aforesaid, and being convicted thereof according
to law, shaJl be adjudged a felon^ and shall be transported for the term of
touteen years.
I7« Provided also^ and be it further enacted, that nothing herein contained
sUI extend or be construed to extend to restrain any person or persons
fimn issuing or negociating any bill or bills of exchange, promissory note or
promissory notes, having the sum or amount thereof expressed in guineas, or
in a numerical figure or figures denominating the sum or amount thereof in
pounds sterling, appearing visible on the substance of the paper upon which
tile same shall be written or printed ; anything herein contained to the contrary
thereof in ajiy wise notwithstanding.
V. Provided also, and be it further enacted, that nothing in this Act con-
tained shall restrain or prevent any person or persons from making, using,
vending, exposing to sale, publishing, or disposing of any paper having waving
or curved lines, or any other devices in the nature of watermarks visible in
flie substance of the paper, not being bar lines or laying wire lines, provided
the same are not contrived in such manner as to form the ground work or
texture of the paper, or to imitate or resemble the waving or curved laying
wire lines or bar lines of the said paper of the governor and company of the
Bank of £ngland, or to imitate or resemble the watermarks used by the
governor and company of the Bank of England in the bank notes, bank bills
of exchange, and bank post bUls issued by the said governor and company,
anything herein contained to the contrary thereof in anywise notwith-
standing.
VL And be it further enacted, that if any person or person shall from and
*Rer the passing of this Act purchase or receive from any other person or
persons any forged or counterfeited bank note, bank bill of exchange, bank
post bill, or blank bank note, blank bank bill of exchange, or blank bank
This Act not
to restrain the
issue, &c. of
biUs having
the amount
expressed in
fruineas, or
figures denot-
ing pounds
appearing
visible on the
substance of
the paper ;
nor to restrain
the making, &c.
of paper having
waved lines,
not being bar
lines, or laying
wire lines, and
not imitating
the paper of
the Bank.
Punishment
for purchasing
or receiving
foiged bank
notes, &C.
'A~ .»
I!"
I.*
ft
410
45 Qeosge IIL c. 89.
A.D. 1805.
I'
v:
s
l« '
I
at
I'
Punishment of
persons en-
graving, &c.
on any plate
any bank note,
&c. of the
Bank of Eng-
land, or using
any plate so
engraved, &c.,
wimout the
authority of
the Bank.
The provisions
of this Act
shall extend to
every part of
Great Britain.
post bill, knowing the same to be forged or counterfeited, or shall knowingly
or wittingly have in his, her, or their possession or custody, or in his, her, or
their dwelling house, outheuse, lodgings, or apartments any forged or counter-
feited bank note, bank bill of exchange, or bank post bill, or blank bank note,
blank bank bill of exchange, or blank bank post bill, knowing the same to be
forged or counterfeited (without lawful excuse, the proof whereof shall lie
upon the person accused), every person or persons so offending and being
thereof convicted according to law shall be adjudged a felon, and shall be
transported for the term of fourteen years.
VII. And be it further enacted, that if any person or persons from and
afber the passing of this Act shall engrave, cut, etch, scrape, or by any otber
means or device make, or shall cause or procure to be engraved, cut, etched,
. scraped, or by any other means or device made, or shall knowingly aid or
assist in the engraving, cutting, etching, scraping, or by any other means or
device making, in or upon any plate of copper, brass, st^l, pewter, or of any
other metal or mixture of metals, or upon any wood or any other materials, or
any plate whatsoever, any bank note, bank bill of exchange, bank post bill, or
blank bank note, blank bank bill of exchange, or blank bank post bill, or part
of a bank note, bank bill of exchange, or bank post bill, purporting to be the
note, or bill of exchange, or bank post bill, or blank bank note, or blank bank
bill of exchange, or blank bank post bill, or part of the note, or bill of exchange,
or bank post bill of the governor and company of the Bank of England, without
an authority in writing for that purpose from the said governor and company
of the Bank of England ; or shall use any such plate so engraved, cut, etched,
scraped, or by any other means or device made, or shall use any other instru-
ment or device for the making or printing any such bank note, bank bill of
exchange, or bank post bill, or blank bank note, or blank bank bill of exchange,
or blank bank post bill, or part of a bank note or bank bill of exchange or
bank post bill, withcfut such authority in writing as aforesaid ; or if any
person or persons shall from and afber the passing of this Act without such
authority as aforesaid knowingly have in his, her, or their custody any such
plate, instrument, or device, or shall without . such authority, as aforesaid
knowingly and wilfully utter, publish, dispose of, or put away any such blank
bank note, blank bank bill of exchange, or blank bank post bill, or part of
such bank note, bank bill of exchange, or bank post bill ; every person so
offending in any of the cases aforesaid, and being convicted thereof according
to law, shall be adjudged a felon, and shall be transported for the term of
fourteen years.
VIII. And be it further enacted, that all and every the clauses and provisions
in this Act contained shall extend and be deemed and construed to extend
by all coui'ts, judges, and magistrates whatsoever to every part of Great Britain;
anything herein-before contained, or any law, statute, or usage to the contrwy
notwith standing.
I
i
45 Qeoroe IIL c 92.
CHAPTER XCII.
As Acr to amend Two Acts of the Thirteentii and Forty-fourth Years of His
present Majesty, for the more effectti^ Execution of the Criminal Lawg,
and more easy apprehending and bringing to trial Offenders escaping
from one Part of the United Kingdom to the other, and from one County
to another. [lOth July 1805.]
m AMD whereas it is fit to provide for tlie appearance of persons to answer
m cases where warrants are not usually issued, and to give evidence in criminal
Ifftseeations in every part of the United Kingdom : Be it further enacted, that BcttIm of
the service of every writ of subpcena or other process upon any person in any '"■" "^ »«b.
(me of the parts of the Umted Kingdom, requiring the appearance of such imtt of ih<i
peison to answer or give evidence in any criminal prosecution in any other of ^^'^'Jl^'.
the parts of the same, shall be as good and effectual in law as if the same had ^•pcaranw in
been served in that part of the United Kingdom where the person so served "Jh^i ^ J2i!i.
is required to appear ; and in case snch person so served shall not appear
Mending to the exigence of such writ or process, it shall be lawful for the
tnA out of which the same issued, upon proof made of the service thereof to
bntisiacUon of the said court, to transmit a certificate of snch default unrler
SkuI of the same court, or under the band of one of the judges or juiiticcN
</tbe same, to the Court of King's Bench in England, in case such service was
bd in England, or, in case such service was bad in Scotland, to the Crmrt rif
Jostimry in Scotland, or, in case such service was had in Ireland, to the Court
rf King's Bench in Ireland ; and the said last-mentioned courts respectively
dull and may thereupon proceed against and punish the penvm so having
nude deCsnlt in like manner as they might have done if such penvm harl
neglected w refused to appear in obedience to a writ of sabpoena or other
process issued out of su<di last-mentioned courts respectively.
IT. PbOTIDED ahvays, and be it further eiiacte<l, that nrmti of such last- RiHtM» nt
nwntiiHied oonits shall in any case proceed again-tt or punish any \isTWfn for X^lm^'rA"
hiving made default by not appearing fi giv^ evidence in oWlience lit any wiim vr^u nf
writ rf snbpoenm or other jMncess for that purji^iwe, vmhn^ it shall \i^. ma/h; t/i ^]^J^J^ "*
appear to sodi court that a reaaonabU; and snificifmt sum '/T joimey Ut defray
the expauxs of comii^ and attending to give evidence and of T'Mminff fr'nn
aviag snch evidence bad be«» t«<Jered b> such ijervm at th*: ttrn<: wh«n I'tch
writ of subpcena ix other ptneem was servcl uy/a suA penon.
.-. f
412
45 Geokgb III. c. 95.
A-D. 1805.
'J.:
*?..
m
43 Geo. 3.
C 150.
¥■
In case com-
'. .
missioDers shall
\ 1 .
not at their
nsnal meeting
on April 30|
^-
appoint asses-
sors, or where
assessors shall
* not signify
their accept-
ance of the
'^r
appointment,
surveyor may
make the as-
1.
sessment, &c.
CHAPTER XCV.
An Act to amend so much of an Act of the Forty-third Year of His present
Majesty, for consolidating certain of the Provisions of the Acts relating
to the Duties in Scotland under the Management of the CommissianeiB
for the Affairs of Taxes, as relates to the Appointment of Assessors and
Sub-collectors, and the Notices required to be delivered to Persons
assessed to the said Duties. [10th July 1805.]
"TTTHEREAS an Act was passed in the forty-third year of the reign of his
^ ^ present Majesty, intituled " An Act foi* consolidating certain of the
" provisions contained in any Act or Acts relating to the duties under the
" management of the commissioners for the affairs of taxes, and for amending
*t the said Acts so far as the same relate to that part of Great Britain called
" Scotland ^ : And whereas certain inconveniences have been found to arise
from the appointment of assessors under the provisions of the said Act, it is
expedient that the same should be amended in the particulars after mentioned :
May it therefore please your Majesty that it may be enacted, and be it enacted
by the King'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 in case the commissioners
appointed to put into execution the said recited Act, or any other Act or Acts
for granting duties to be assessed under the regulations of that Act, shall not
at their usual annual meeting held on the thirtieth day of April in each year
appoint assessors for each parish or other small district within the sbire,
stewartry, city, or borough for which they the said conmiissioners act, or where
such assessors, if appointed, shall not signify to the surveyor of the shire or
district their acceptance of the appointment within thirty days thereafter, that
then and in every such case it shall be lawful to and for such surveyor forth-
with, without lodging any complaint before the sheriff or other magistrate, to
assess and charge,. as mentioned in the said Act, the several inhabitants of tiie
respective parishes, districts, or places wherein such default shall have hap-
pened, and to make certificates of assessment of the several duties chaiged by
the said Acts ; and the said surveyors are hereby required to make two dupli-
cates of the said assessments, one of which is to be sent to the comptroller
general of taxes of Edinburgh, and the other to be delivered to the collectois
to be appointed as directed by the said Act for the shire, stewartry, city, or
borough respectively ; and the collectors to whom the same shall be delivered
shall have the same powers to collect, receive, and recover the said duties as
such collectors would have had in case the said assessments had been allowed
by the said commissioners as mentioned in the said Act.
A.D. 1805.
45 George III. c. 111.
413
CHAPTER CXI.
An Act to amend and render more effectual an Act made in the Parliament
of Ireland in tbe Fifth Year of His present Majesty, intituled "An Act
" for erecting and establishing Publick Infirmaries or Hospitals in this
« Kingdom.** [10th July 1806.]
TTTHEREAS by an Act passed in the Parliament of Ireland in the fifth
*^ year of his present Majesty's reign, intituled " An Act for erecting and
" estahUshing publick infirmaries or hospitals in this kingdom," it was enacted
that the grand jury of each of the counties therein named should at every
summer assizes present a sum not exceeding one hundred pounds nor less than
fifty pounds, to be raised on the counties at large and applied to the support
of the infirmaries or hospitals therein : And whereas the sums so empowered
to he raised have proved insufficient in many counties : Be it enacted by the
King's most excellent Majesty, by and with the advice and consent of the
lords spiritual and temporal, and commons, in this present Parliament
usembled, and by the authority of the same, that it shall be lawful for the
grand jury of each and every county in Ireland to present, to be raised on the
eoimty at large, a sum not exceeding five hundred pounds in the year, over
ind above and exclusive of the sum which they may be empowered to present
Ijthe said recited Act, to be paid to the corporation therein called The Qover-
lOBand Qovemesses of the County Infirmary or Hospital, and applied by
theadd corporation towards the support and maintenance of such the county
^ifenary or hospital in such county : Provided alwayis, that a like affidavit
Mod account as is required by an Act passed in the twenty-fifth year of his
present Majesty's reign, intituled *' An Act for extending the provisions of an
" Act passed in this kingdom in the fifth year of the reign of his present
'' Majesty, intituled ' An Act for erecting and establishing publick infirmaries
" ' or hospitals in this kingdom,' " be first laid before such grand jury previous
to any such presentment being mada
Recital of
Irish Act
5 Geo. 3. c. SO.
Grand Juries
may present a
sum not ex-
ceeding 500(.
yearly, beyond
the sum pre-
sented under
recited Act.
Irish Act,
25 Geo. 8. c. 68.
46 Gkoeoe ni c. 37, *S.
48 GBORGE III. A.D. 1806.
not refoBe to
answer queg-
tioDS tending
to GBtablish
their iodebled-
oetB, &c.
statutes made at the pabuamemt
Beoun and holder at Westhinstek, the Sixteenth Day of Noteubeb
A.D. 1802,
Ik the FORTY-THIRD Teae of the Reiqn of
King GEORGE the Third,
AKD TROM thence OONTINTJED by several pBOEOaATIONa TO THE
TWENTY-PIRST DAY OP Jahuart, A,D. 1806,
Betko THE Fourth Session of the Second Parliament of the United
EiNODOH OF Great Britain and Ireland.
CHAPTER XXXVII.
An Act to declare the Law with respect to Witsesses reiusing to answer.
[5th May 1806.]
TT7HEREAS doubts have arisen whether a witness can by law refuse to
^ answer a question relevant to the matter in issue, the answering of which
hafi no tendency to accuse himself, or to expose him to any penalty or forfeiture,
bat the answering of which may establish or tend to establish that he owes a
debt, or is otherwise subject to a civil suit at the instance of his Majesty or of
some other person or persons : Be it therefore declared and enacted by the
King'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 a witness cannot by law refose to
answer a question relevant to the matter in issue, the ansverii^ of which has
no tendency to accuse himself or to expose bim to penalty or forfeiture of my
nature whatsoever, by reason only or on the sole ground that the answering
of such question may establish or tend to establish that he owes a debt, or a
otherwise subject to a civil suit either at the instance of his Majesty or of any
other person or persons.
Feisoni ap-
praiibg pro-
perty for hire,
to be deemed
uppraisers.
Appr^scn to
take out a
licence.
CHAPTER XLIII.
An Act for granting to his Majesty certain Stamp Duties on Approisemeiita
and on Licences to Appraisers in Great Britain. [6th May 1806.J
• «•••••••
lY. And be it further enacted, that every person who shall value or if
praise any estate or property, real or personal, or any interest in posses^(m<'
reversion, remainder, or contingency in any estate or property, real or persnal
or any goods, merchandize, or effects of whatsoever kind or description tk«
same may be, for or in expectation of any hire, gain, fee, or reward or valoM
consideration to be therefore paid him, shall be deemed and taken to be n
appraiser within the provisions of this Act to all intents and purposes.
Y. And be it further enacted, that no person shall exercise tbo calling c
occupation of an appraiser, or act as such within the intent and meaning of thii
Act, without taking out a licence in manner herein-after mentioned ; and evBJ
A,D. 1806.
46 George III. c. 43, 54.
415
saeh licence shall state the true name and place of abode of the person taking
oat the same ; and it shall be lawful for any two or more of his Majesty's
commissioners appointed for managing the duties arising by stamps on vellum,
parchment, and paper, or for any person duly authorized by such commissioners
or the major part of them, to grant such licences ; and every such licence issued
between the fifth day of July and the fifth day of August in any year shall
bear date on the sixth day of July ; and every sudi licence issued at any other
time shall bear date the day on which the same shall be issued ; and every
such licence shall continue in force from the day of the date thereof until the
fifth day of July then next following.
VL And be it further enacted, that from and after the fifth day of 'July in
the year one thousand eight hundred and six no person shall appraise or value
any estate or property, or effects real or personal, or any interest in possession
or reversion, remainder, or expectancy in any estate or property real or personal
for or in expectation of hire or reward without being so licensed as aforesaid,
on pain of forfeiting for every such offence the sum of fifty pounds.
Vn. Provtoed always, and be it further enacted, that all persons who
fihall be duly licensed according to law to act as auctioneers shall' and may act
» appraisers without taking out any other licence in pursuance of this Act,
any thing in this Act contained to the contrary notwithstanding.
Penalty of 50/.
for appnuB-
ing without
a licence.
Bat auctioneers
duly licensed
may act as
appraisers
without taking
out licence.
CHAPTER LIV.
ivAcT for the more speedy Trial of Offences committed in distant Parts upon
the Sea. [23d May 1806.]
TT^HEREAS by an Act of Parliament made in the twenty-eighth year of ssHen.s.cis.
the reign of King Henry the Eighth, it is enacted, tiiat all treasons,
Afcnies, robberies, murders, and confederacies committed on the sea shall bo
enquired of, tried, and determined according to the common course of the laws
of this land used for such offences upon the land within this realm : And
whereas by another Act of Parliament made in the eleventh year of the reign
o{ King William the third, intituled " An Act for the more effectual suppression n WilL 3.
" of piracy,'* it is enacted, that all piracies, felonies, and robberies committed
on the sea, or in any haven, river, creek, or place where the admiral or admirals
hAve power, authority, or jurisdiction, may be examined, enquired of> tried,
heard, and determined, and adjudged, in any place at sea, or upon the land in
any of his Majesty's islands, plantations, colonies, dominions, forts, or factories,
to be appointed for that purpose by the King's commission, in the manner
therein directed and according to the rules of the civil law : And whereas
treasons, murders, and divers other felonies, and misdemeanors not mentioned
in the said statute of the eleventh year of the reign of King William the Third
cannot be tried by virtue of any commission directed under that Act, but the
persons conuuitting or charged with having committed the same upon the seas
in or near the East or West Indies, and in places very remote, can only be
brought to trial by sending them to England to be tried within this realm
luider the commission directed by the said statute of the twenty-eighth year
of the reign of King Henry the Eighth ; whereby not only great charges and
expences are incurred, but offenders do often times escape unpunished by reason
416 46 Geoeoe IIL c. 54, 71.. A.D. 1806.
of the delay and difficulties attending such proBecutiona : For remedy whereof
aod in order that one aniform course of trial may be had for all treasons,
puvcies, felonies, robberies, murders, conspiraciea, and other offences committed
upon the seas, be it enacted by the King's most excellent Majesty, by and witi
the advice and consent of tiie lords spiritual and temporal, and commons, in
AU offices this present Parliament assembled, and by the authority of the same, that all
tha«ea,&c.mB7 treasons, piracies, felonies, robberies, murders, conspiracies, and other offences
5f h^ M^ ^t^ "'^ ^^*' '^t'"^ O'" ^t»d soever committed upon the sea, or in any haven, river,
Islands, &c. ij Creek, or place where the admiral or admiriLls have power, authority, or juris-
upon the land within this realm, and not otherwise, in any of his Majesty's
islands, plantations, colonies, dominions, forts, or factories, under and by virtue
of the Kin^ -commission' or commissions under the great seal of Great Britidn,
to be directed to any such four or more discreet persons as the lord chancellor
of Great Britain, lonl keeper, or commissioners for the custody of the great seal
of Great Britain for the time being shall from time to time think fit to appoint ;
and that the ^id commissioners so to be appointed or any three of them shall
have such and the like powers and authorities for the trial of all such murders,
treasons, piracies, felonies, robberies, conspiracies, and other offences within any
such island, plantation, colony, dominion, fort, or factory, as any commissiouen
appointed or to be appointed according to the directions of the said statute of
the twenty-eighth year of the reign of King Heniy the Eighth by any law or
laws now in force have or would have for the trial of the said offences within
this realm ; and that all persons convicted of any of the said offences so to be
tried by virtue of any commission to be made according to the directions of this
Act sbaJI be subject and liable to and shall suffer all such and the same pains,
penalties, and forfeitiires as by any law or laws now in force persona con-
victed of the same respectively would be subject and liable to, in case the same
were respectively inquired of, tried, heard, determined, and adjudged within
this realm, by virtue of any commission made according to the directions of the
said statute of the twenty-eighth year of the reign of King Henry the Eightii ;
any law, statute, or usage to the contrary notwithstanding,
CHAPTER LXXI.
An Act to amend several Acts for the Encouragement of finding and woiiiiy J
Mines and Minerals within Ireland. J^i [3d July 1801] f
TI^HEREAS by an Act made in the Parliament of Ireland in the UnA ^
" " year of the reign of his late Majesty King George the Firet, intitnW
" An Act for the further encouragement of finding and working mines iw
" minerals within this kingdom," it was amongst otiier things enacted, tbai>'
should be lawful to and for all archbishops, bishops, and other dignitarits wJ
persons ecclesiastical, and to and for all bodies politick and corporate, wa
other persons in the said Act mentioned, to make and grant leases for thirty-
\* So much of this Act as limits the t^rm of leases to thirty-one years, rep..
11 & 12 Vict. c. 13. s. l.I
A.D. 1806.
46 George III. c. 71
417
one years, of all mines and minerals whatsoever found and discovered, or
which might thereafter be found and discovered within their respective
manors, glebes, or lands in such manner as in and by the said Act is men-
tioned and directed ; and that persons having such interest as in the said Act
1^ mentioned in lands set in fee farm or otherwise, with an exception . of
mines and minerals, should have full power and authority to open, dig, and
work aU mines or minerals which should or might be found in or upon the
said lands, and to raise and carry away the ore thereof, or to demise the same
for thirty-one years as aforesaid ; and it is by the said recited Act enacted,
that all and every the persons aforesaid, and aU and every person and persons
to whom the said mines and minerals should be demised as aforesaid, should
have free liberty to build all such houses as should be found convenient and
usefiol for working the said mines, and to dig and make turf for the use of the
said hoQses, where the same should happen to be in bogs or mountains, only
making such compensation as in the said Act is mentioned : And whereas by
an Act made in the Parliament of Ireland in the fifteenth year of the reign
of his late Majesty King Qeorge the Second, for explaining and amending the
BBid herein-before recited Act, the said recited Act and the provisions thereof
were extended to coal mines : And whereas it is expedient to enlarge the
povisions of the said Acts in manner herein-afber mentioned : Be it therefore
e&acted by the King's most excellent Majesty, by and with the advice and
eoDsent of the lords spiritual and temporal, and commons, in this present
hdiament assembled, and by the authority of the same, that from and after
tkfBssing of this Act it shall and may be lawful to and for all and every
peaoB and persons, and for all and every body or bodies politick and cor-
]Xinte, ecclesiastical or civil, in the said recited Acts or either of them
JDentioned, and who by the said recited Acts or either of them are empowered
to make leases of mines and minerals in manner in the said i*ecited Acts
mentioned, in like manner to make and grant leases not exceeding the term
of thirty-one years of any quantity of land, not exceeding three acres, which
shall or may be contiguous to such mines or minerals, wherever such mines or
minerals may be situate ; and where such mines or minerals shall happen to
be situate in bogs or mountains, then to make and grant such leases of any
quantity of land not exceeding fifteen acres which may be contiguous to such
mines or minerals, for the convenience and accommodation of the said houses
and of the workmen occupying the same, and for cutting turf and erecting
smelting houses for smelting the ores of the said mines and minerals, and
for erecting and making other buildings and works necessary for the more
prt^table working of any such mines ; and that it shall and may be lawful to
and for all and every person or persons who tmder or by virtue of the said
leeited Acts, or either of them, are empowered to open, dig, and work mines
and minerals, and to build houses, as in the said Acts is mentioned, to
hold, occupy, and enjoy such respective quantities of land for the purposes
aforesaid.
in.*i Ai9D be it further enacted, that all such lessors and other persons to
▼horn such land shall be demised, or who shall hold or occupy the same
and of Irish
Act, 15 Geo. 2.
0. 10*
Persons and
bodies politick,
&c. empowered
to make leases
of mines under
recited Acts
may grant
leases of cer-
tain quantities
of lands con-
tiguous to such
mmes for cer-
tain purposes.
Power to •
build on such
lands smelting
t* This flection is rep., so far as the same refers to the relation of landlord and tenant
in Ireland, but not otberw'ise, 23 & 24 Vict. c. 154. s. 104. J
VOli. IV. I) D
408 45 George IIL a 89. A.D. 1805.
vrith the advice and consent of the lords spiritual and temporal, and commons,
in this present Parliament assembled, and by the authority of the same, tiiat
' if any person or persons shall from and after the passing of this Act falsely
• ■ for payineiit of mftte^ foi^, counterfeit, or alter, or cause or procure to be falsely made, forged,
I'- ofiering any Counterfeited, or altered, or willingly act or assist in the false making, foiffin^
- a'^^hiiThfl' counterfeiting, or altering any deed, will, testament, bond, writing obligatoiy,
\: gnii'ty of feioDy bill of exch^ige, promissory note for payment of money, indorsement or
[ ■ ^thoot benefit assignment of any bill of exchange OF promissory note for payment of money,
E acceptance of any bill of exchange, or any acquittance or receipt either for
t money or goods, or any accountable receipt for any note, bill, or other securi^
[ for payment of money, or any warrant or order for payment of money (t
^- delivery of goods, with intention to defraud any person or persons, body or
f bodies politick or corporate whatsoever ; or shall ofier, dispose of, or put away
f any felse, foi^d, counterfeited, or altered deed, will, testament, bond, writii^
f' obligatory, bill of exchange, promissory note ftr payment of money, indorse-
' ment or assignment of any InU of exchange or promissory note for payment <^
money, acceptance of any biU of exchange, acquittance, or receipt, either for
I money or goods, accountable receipt for any note, bill, or othei' security fiff
^ ' payment of money, warrant or order for payment of money or delivery uf
' goods, with intention to defraud any person or persons, body or bodies politick
J. . or corporate, knowing the same to be false, forged, counterfeited,, or altera! ;
f'j then every person or persons so offending, and being thereof lawfully convicted
i ' according to the due course of law, shall be deemed guilty of felony, and slsll
f. suffer death as a felon without benefit of clergy.
t The like pro- H. ^jj \,q it further enacted, that if any person or persons shall fi-om ami
J. of forgery of after the passing of this Act forge, counterfeit, or alter any bank note, bauk
■ ^"^ °n^fc*"' ^^^ ^^ exchange, dividend warrant, or any bond or obligation imder the
! ■ of England. common seal of the governor and company of the Bank of England, or any
t indorsement thereon, or shall offer or dispose of or put away any such forged,
■: counterfeit, or idtered note, bill, dividend warrant, bond, or obligation, or tk
i indorsement thereon, or demand the money therein contained or pretended to
' ' be due thereon, or any part thereof, of the said company or any their officers
i or servante, knowing such note, bill, dividend warrant, bond, or obligation,
t or the indorsement thereon to be forged, counterfeited, or ^tered, with intent
i ■ to defraud the said governor and company, or their successors, or any other
\ person or persons, body or bodies politick or corporate whatsoever, every
I person or persons so offending, and being thereof convicted in due form of
i law, shall be deemed guilty of felony, and shsdl suffer death as a felon without
f benefit of clergy.
^ Punishment of III. And be it further enacted, that if any person or persons (other tlim
,' ^^^wre" the officers, workmen, servants, or agents for the time being of the g(.\ -ni .'
- of the Bulk) and company of the Bank of England, to be authorized and appointed for tJisi
'. hlxTiii^inVeir purpose l^ the said governor and company, and for the use of the Bjia
;, possesB^ governor and company only) shall fi^m and after the passing of this Act
'. making paper make or use, or cause or procure to be made or used, or knowingly aid or
f o/ ">e dwcnp- aaajst in the making or using, or (without being authorized or ap[>ointed bs
mentioned, or aforesaid) shaU knowingly have in his, her, or their custody or [K>a.^t».^J"D
making or (without lawful excuse, the proof whereof shall lie upon the party accused)
' possesaioD sach any fr-ame, mould, or mstrument for the making of paper with curbed d^
paper.
JLD. 1805.
45 George III. c. 89.
409
iravisg bar lines, or with the laying wire lines thereof in a waving or curved
shape, or with any number, sum, or amount expressed in a word or words in
Somau letters visible in the substance of such paper ; or shall manufacture,
make, use, vend, expose to sale, publish, or dispose of, or cause or procure to
be manufactured, made, used, vended, exposed to sale, published, or disposed
of, or aid or assist in the manufacturing, making, using, vending, exposing to
sale, publishing, or disposing of, or (without being authorized or appointed as
afcHPesaid) shall knowingly have in his, her, or their custody or possession, any
paper whatsoever with curved or waving bar lines, or with the laying wire
Unes thereof in a waving or curved shape, or having any number, sum, or
amount expressed in a word or words in Roman letters appearing visible in the
sabstance of such paper ; or if any person or persons (except as before excepted)
shall by any art, mystery, or contrivance cause or procure the numerical sum
or amount of any bank note, bank bill of exchange, or bank post bill, blank
hank note, blank bank bill of exchange, or blank bank post bill in a word or
words to appear visible in the substance of the paper whereon the same shall
be written or printed, or shall knowingly aid or assist in causing the numerical
smn or amount of any bank note, bank bill of exchange, or bank post bill,
blank bank note, blank bank biU of exchange, or blank bank post bill in
a word or words in Roman letters to appear visible in the substance of the
paper whereon the same shall be written or printed ; every person or persons so
oSeDding in any of the cases aforesaid, and being convicted thereof according
to law, shall be adjudged a felon, and shaU be transported for the term of
tciQiteen years.
IT. Provided also, and be it further enacted, that nothing herein contained
ayi extend or be construed to extend to restrain any person or persons
hm issuing or negociating any bUl or bills of exchange, promissory note or
promissory notes, having the sum or amount thereof expressed in guineas, or
in a numerical figure or figures denominating the sum or amount thereof in
. poonds sterling, appearing visible on the substance of the paper upon which
the same shall be written or printed ; anything herein contained to the contrary
thereof in anywise notwithstanding.
V. Provided also, and be it further enacted, that nothing in this Act con-
tained shall restrain or prevent any person or persons from making, using,
vending, exposing to sale, publishing, or disposing of any paper having waving
or curved lines, or any other devices in the nature of watermarks visible in
the substance of the paper, not being bar lines or laying wire lines, provided
the same are not contrived in such manner as to form the ground work or
texture of the paper, or to imitate or resemble the waving or curved laying
wire Unes or bar lines of the said paper of the governor and company of the
Bank of England, or to imitate or resemble the watermarks used by the
governor and company of the Bank of England in the bank notes, bank bills
of exchange, and bank post bills issued by the said governor and company,
anything herein contained to the contrary thereof in anywise notwith-
standing.
VL And be it further enacted, that if any person or person shall from and
after the passing of this Act purchase or receive from any other person or
persons any forged or counterfeited bank note, bank bill of exchange, bank
post bill, or blank bank note, blank bank bill of exchange, or blank bank
This Act not
to restrain the
issue, &o. of '
biUs having
the amount
expressed in
guineas, or
ngures denot-
ing pounds
appearing
visible on the
substance of
the paper ;
nor to restrain
the making, &c.
of paper having
waved lines,
not being bar
lines, or laymg
wire lines, and
not imitating
the paper of
the Bank.
Punishment
for purchasing
or receiving
forged bank
notes, &c.
410
45 George III. c 89.
A-D. 1805,
Punishment of
persons en-
graving, &c.
on any plate
any bank note,
&c. of the
Bank of Eng-
land, or using
any plate so
engraved, &c.,
wiUiout the
authority of
the Bank.
The provisions
of this Act
shall extend to
every part of
Great Britain.
post bill, knowing the same to be forged or counterfeited, or shall knowingly
or wittingly have in his, her, or their possession or custody, or in his, her, or
their dwelling house, outhouse, lodgings, or apartments any forged or counte^
feited bank note, bank bill of exchange, or bank post bill, or blank bank note,
blank bank bill of exchange, or blank bank post bill, knowing the same to be
forged or counterfeited (without lawful excuse, the proof whereof shall lie
upon the person accused), every person or persons so offending and being
thereof convicted according to law shall be adjudged a felon, and shall be
transported for the term of fourteen years.
Vlt. And be it further enacted, that if any person or persons from and
after the passing of this Act shall engrave, cut, etch, scrape, or by any other
means or device make, or shall cause or procure to be engraved, cut, etched,
. scraped, pr by any other means or device made, or shall knowingly aid or
assist in the engraving, cutting, etching, scraping, or by any other means or
device making, in or upon any plate of copper, brass, steel, pewter, or of any
other metal or mixture of metals, or upon any wood or any other materia^ or
any plate whatsoever, any bank note, bank bill of exchange, bank post bill, or
blank bank note, blank bank bill of exchange, or blai^ bank post bill, or part
of a bank note, bank bill of exchange, or bank post bill, purporting to be the
note, or bill of exchange, or bank post bill, or blank bank note, or blank bank
bill of exchange, or blank bank post bill, or part of the note, or bill of exchange,
or bank post bill of the governor and company of the Bank of England, without
an authority in writing for that pui'pose from the said governor and company
of the Bank of England ; or shall use any such plate so engraved, cut, etched,
scraped, or by any other means or device made, or shall use any other instru-
ment or device for the making or printing any such bank note, bank bill of
exchange, or bank post biU, or blank bank note, or blank bank bill of exchange,
or blank bank post bill, or part of a bank note or bank bill of exchange or
bank post bill, withcfut such authority in writing as aforesaid; or if any
person or persons shall from and after the passing of this Act without such
authority as aforesaid knowingly have in his, her, or their custody any such
plate, instrument, or device, or shall without. such authority as aforesaid
knowingly and wilfully utter, publish, dispose of, or put away any such blank
bank note, blank bank bill of exchange, or blank bank post bill, or part of
such bank note, bank bill of exchange, or bank post bill ; every person so
offending in any of the cases aforesaid, and being convicted thereof according
to law, shall be adjudged a felon, and shall be transported for the term of
fourteen years.
VIII. And be it fturther enacted, that all and every the clauses and provisions
in this Act contained shall extend and be deemed and construed to extend
by all courts, judges, and magistrates whatsoever to every part of Great Britain ;
anything herein-before contained, or any law, statute, or usage to the contrary
not with standing.
A.D. 1805.
45 George III. c. 92.
411
CHAPTER XCII.
An Act to amend Two Acts of the Thirteenth and Forty-fourth Years of His
present Majesty, for the more effectual Execution of the Criminal Laws,
and more easy apprehending and bringing to trial Offenders escaping
from ope Part of the United Kingdom to the other, and from one County
to another. [10th July 1805.]
UL And whereas it is fit to provide for the appearance of persons to answer
in cases where warrants are not usually issued, and to give evidence in criminal
piofiecations in every part of the United Kingdom : Be it further enacted, that
the service of every writ of subpoena or other process upon any person in any
one of the parts of the United Eongdom, requiring the appearance of such
person to answer or give evidence in any criminal prosecution in any other of
ibe parts of the same, shall be as good and effectual in law as if the same had
been served in that part of the United Kingdom where the person so served
is required to appear ; and in case such person so served shall not appear
ifioording to the exigence of such writ or process^ it shall be lawful for the
wort out of which the same issued, upon proof made of the service thereof to
(kesatisfistction of the said court, to transmit a certificate of such default under
ibeseal of the same court, or under the hand of one of the judges or justices
of the same, to the Court of King's Bench in England, in case such service was
hid in England, or, in case such service was had in Scotland, to' the Court of
Justiciary in Scotland, or, in case such service was had in Ireland^ to the Court
of King's Bench in Ireland ; and the said last-mentioned courts respectively
shall and may thereupon proceed against and punish the person so having
made default in like manner as they might have done if such person had
neglected or refused to appear in obedience to a writ of subpoena or other
process issued out of such last-mentioned courts respectively.
IV. Pbovided always, and be it further enacted, that none of such last-
mentioned courts shall in any case proceed against or punish any person for
having made default by not appearing to give evidence in obedience to any
imt of subpoena or other process for that purpose, unless it shall be made to
appear to such court that a reasonable and sufficient sum of money to defray
the expences of coming and attending to give evidence and of returning from
giving such evidence had been tendered to such person at the time when such
writ of subpoena or other process was served upon such person.
Service of
writs of sub-
pcena in any
part of the
United King-
dom requiring
appearance in
any other part,
it shall be valid.
Expences of
attendance to
be tendered
when writs of
subpoena are
served.
,1
I-
412
45 Geobge III. c. 95.
A.D. 1805.
>M-
f '
43 Geo. 3.
c 150.
In case com-
missioners shall
not at their
nsoal meeting
on April 30,
appoint asses-
sors, or where
assessors shall
not signify
their accept-
ance of the
appointment,
surveyor may
make the as-
sessment, &c.
CHAPTER XCV.
An Act to amend so much of an Act of the Forty-third Year of His present
Majesty, for consolidatiDg certain of the Provisions of the Acts relating
to the Duties in Scotland under the Management of the Commissioners
for the Affairs of Taxes, as relates to the Appointment of Assessors and
Sub-collectors, and the Notices required to be delivered to P^erBons
assessed to the said Duties. [10th July 1805.]
TTTHEREAS an Act was passed in the forty-third year of the reign of his
* ^ present Majesty, intituled " An Act for consolidating certain of the
*' provisions contained in any Act or Acts relating to the duties under tlie
" management of the commissioners for the affairs of taxes, and for amending
'f the said Acts so far as the same relate to that part of Great Britain called
" Scotland " : And whereas certain inconveniences have been found to arise
from the appointment of assessors under the provisions of the said Act, it is
expedient that the same should be amended in the particulars after mentioned:
May it therefore please your Majesty that it may be enacted, and be it enacted
by the King'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 in case the commissioners
appointed to put into execution the said recited Act, or any other Act or Acts
for granting duties to be assessed under the regulations of that Act, shall not
at their usual annual meeting held on the thirtieth day of Apiil in each year
appoint assessors for each parish or other small district within the sbire,
stewartry, city, or borough for which they the said commissioners act, or where
such assessors, if appointed, shall not signify to the surveyor of the shire or
district their acceptance of the appointment within thirty days thereafter, that
then and in every such case it shall be law^l to and for such surveyor forth-
with, without lodging any complaint before the sheriff or other magistrate, to
assess and charge,. as mentioned in the said Act, the several inhabitants of ihe
respective parishes, districts, or places wherein such default shall have hap-
pened, and to make certificates of assessment of the several duties charged hy
the said Acts ; and the said surveyors are hereby required to make two dupli-
cates of the said assessments, one of which is to be sent to the comptroller
general of taxes of Edinburgh, and the other to be delivered to the collectors
to be appointed as directed by the said Act for the shire, stewartry, city, or
borough respectively ; and the collectors to whom the same shall be delivered
shaU have the same powers to collect, receive, and recover the said duties as
such collectors would have had in case the said assessments had been allowed
by the said commissioners as mentioned in the said Act
AJ). 1805.
45 George III. c. 111.
413
CHAPTER. CXI.
An Act to amend and render more effectual an Act made in the Parliament
of Ireland in the Fifth Tear of H is present Majesty, intituled " An Act
" lor erecting and establishing Publick Infirmaries or Hospitals in this
« Kingdom.** [lOtb July 1805.]
TfTHEREAS by an Act passed in the Parliament of Ireland in the fifth
* ' year of his present Majesty's reign, intituled " An Act for erecting and
*' estahliBhing publick infirmaries or hospitals in this kingdom," it was enacted
that the grand jury of each of the counties therein named should at every
sammer assizes present a sum not exceeding one hundred pounds nor less than
fifty pounds, to be raised on the counties at large and applied to the support
of the infirmaries or hospitals therein : And whereas the sums so empowered
to be raised have proved insufficient in many counties : Be it enacted by the
Eingfs most excellent Majesty, by and with the advice and consent of the
brds spiritual and temporal, and commons, in this present Parliament
aceembled, and by the authority of the same, that it shall be lawful for the
gtaod jury of each and every county in Ireland to present, to be raised on the
eoonty at large, a sum not exceeding five hundred pounds in the year, over
and above and exclusive of the sum which they may be empowered to present
by the said recited Act, to be paid to the corporation therein called The Gover-
MR and Governesses of the County Infirmary or Hospital, and applied 'by
the aid corporation towards the support and maintenance of such the county
iiofimary or hospital in such county : Provided always, that a like affidavit
sad account as is required by an Act passed in the twenty-fifth year of his
present Majesty's reign, intituled ^^ An Act for extending the provisions of an
" Act passed in this kingdom in the fifth year of the reign of his present
** Majesty, intitaled ' An Act for erecting and establishing publick infirmaries
^ * or hospitals in this kingdom,' " be first laid before such grand jury previous
to any such presentment being made.
Becitalof
Irish Act
5 Geo. 3. e. 20,
Grand juries
may present a
sum not ex-
ceeding 500/1
yearly, beyond
the sum pre-
sented under
recited Act.
Irish Act,
25 Geo. 3. c. 63«
424
47 George III. Sess. 2. c. 15.
A.D. 1807.
Allowance of
cue nxtbof
duty on goods
JD books of
dutieB received.
Bhall weekly
pay dotiei to
the Galdxiiutlia
Company, who
shall pay over
the same to the
collector of ex-
cise iu Dublin,
and shall deliver
quarterly to the
Vn. Ahd whereas gold and silver wares when sent to be marked and
assayed are sometimes sent in so rude tod so rough a state that the same in
the finishing are greatly lessened in weight : Be it therefore enacted, that the
said assay master, deputy assay master, or other officer to be appointed as
aforesaid, whenever auch plate shall be sent to be marked and assayed in any
unfinished state, so that a diminution in the weight thereof must necessarily
remain to be made by the worker or manuftictuTer thereof before the same
shall be finished, shall, in respect of such diminution as aforesud, make to the
person or persons bringing such plate a deduction of one-sixth part from the
weight, and an allowance of one-sixth part of the duty payable to his Majesty,
his heirs and successors, and shall at the bottom of the note or memorandum
by this Act directed to be kept and filed express the deduction from t))i^
weight and the allowance of the duty accordingly : Provided always, tliat
nothing herein contained shall authorize any such allowance to be made on
any quantity of silver plate or manufacture less in weight than dqo ounce
troy, nor on any fractional part of an ounce.
VIII. Ajsd be it further enacted, that the said assay master, deputy assay
master, or other officer, who shall from time to time take and receive the salA
monies and duties with the said notes or memorandums, shall, uj>on receipt of
the said notes or memorandums, and of the said monies and duties, file the
said notes or memorandums, and enter the particulars thereof and of the
deductions aforesaid, and keep a. true and faithful account in writing, in hooks
to be kept for that especial purpose, of the duties received by him under and
by virtue of this Act ; and such assay master, deputy assay master, or other
officer shall give an indented receipt (without stamp) numbered under his
hand for the amount of the said duty to the person or peTRon.s who shall
pay the same, a duplicate of which said indented receipt shall be kept by
such assay master, deputy assay mastei", or officer in a book bound for that
purposa
IX. And bo it further enacted, that the said assay master shall, within one
month after the twenty-ninth day of September, the twenty-fifth day of
December, the twenty-fifth day of March, and the twenty-fourth day of June
in each and eveiy year, transmit and return to the said Company of Goldsmiths
in Dublin and lodge with them all the said books kept by him containing
the accounts of all the particulars aforesaid and of the duties received, and ihv.
duplicates of receipts given under this Act in manner aforesaid ; and the said
book shall at all times be open for the inspection of the said commisaionera of
inland excise and taxes, or of any person or persons authorized in writing hy
the said commissioners or any one of them ; and the said commis.sioni>rM or th>;
person or persons so authorized by them shall be at liberty to take co\\'ns and
extracts of the said books, or any part of them.
X. AjiD be it further enacted, that the stud assay master shall once in ewo
week, or oftener, if required by the said Company of Goldsmiths in Dublin, pftj
to the said company tJl and every sum and sums of money so received by him
for and on account of the duties payable to> his Majesty as aforesaid, which
monies the said company shall within two days after the receipt thereof from
time to time pay or cause to be paid to the collector of excise in the district of
Dublin ; and that the said Company of Goldsmiths shall within two montlis
after the twenty-ninth day of September one thousand eight hundred and
ID. 1807.
47 George III. Se8S. 2. c. 15.
425
seven deliver or cause to be delivered to the said commissioners of inland
excise and taxes, or to some person or persons authorized by them to receive
the same, true copies' of the accounts herein-before directed to be kept and
transmitted to the said company for the quarter which shall be completed on
the said twenty-ninth day of- September, and. at the same time shall pay to the
said collector of iBxcise all such sum and sums of money as shall be the balance
of the sums which shall have been received on account of the said duties on
or before the said twenty-ninth day of September one thousand eight hundred
and seven, if any such balance shall appear to be due, and from thenceforth
shall from time to time within two months after the twenty-fifth day of
December, the twenty-fifth day of March, the twenty-fourth day of June, and
the twenty-ninth day of September in every year, or at such other times aft^r
the expiration of the said two months as may be appointed by the said com-
miBsioners of inland excise and taxes, deliver or cause to be delivered to the
said commissioners, or to .any person or persons appointed by them for the
purpose of receiving the same, true copies of the accounts herein-before directed
to be kept by such assay master and transmitted or returned to the said com-
pany for the quarter ending on such twenty-fifth day. of December, twenty-
fifth day of March, twenty-fourth day of June, and twenty-ninth day of
September ; and shall at the same time pay to the collector of excise for the
dkiict of Dublin all such sum or sums of money as shall be the balance of
fte soms which shall have been received by the said assay master or other
efioer in the quarter ending as aforesaid on account of the said duties, if any
suit balance shall appear to be due.
H A:nd be it further enacted, that every deputy assay master or other
flficer to be appointed under this Act in any part of Ireland, except Dublin,
aWl once in every week pay to the collector of excise for the district in
which such deputy assay master or other officer shall reside all and every
som and sums of money so received by such deputy assay master or other
officer for or on account of the duties payable to his Majesty as aforesaid ;
and that every such deputy assay master or other officer shall^ within one
month after the twenty -ninth day of September one thousand eight hundred
and seven, deliver to and lodge with the collector of the district in which
anch deputy assay master or other officer shall reside all books containing the
aeoounts and duplicate receipts herein-before directed to be kept by such
deputy assay master or other officer respectively, up to the twenty-ninth day
of September one thousand eight hundred and seven, and from thenceforth
ahall from time to time within one month after the twenty-fifth day of
December, twenty-fifth day of March, twenty-fourth day of June, and twenty-
ninth day of September in every year, or at such other times after the expi-
ration of the said month as may be appointed in writing by the said collector,
deliver or cause to be delivered to such collector all such books of account and
duplicate receipts for the quarter ending on such twenty-fifth day of December,
twenty -fifth day of March, twenty-fourth day of June, and twenty-ninth day
of September respectively.
of excise copies
of accounts,
and pay to the
said coUectoc
the balance
due.
Deputy assay
masters in the
country shaU
pay duty
weekly and
deliver books,
&c. quarterly
to coUectors.
Xni. And be it further enacted, that if any assay master, deputy assay Penalty on
master, or other officer shall neglect or refuse to keep such books and accounts, ^*^^"^^k
or to give such receipts as by this Act he is required to do, or to return and &c- of com-
I
426
47 George III. Scsa 2. c. 15.
A.D. 1807.
Penftltjr 00
goldsmitbs
nUing ptsie
not aeeuyiKl
and murkcd.
Peoalt; on
pereons for^ng
or CranapoNng
lodge the said books or accounts in manner by this Act. directed, or to receive
the said duties and sums of money, or to pay ovei' the same in manner by this
Act directed, or if the said Company of Qotdsmiths in Dublin shall refuse or
neglect to deliver or cause to be delivered the copies, of the said accounts, or to
pay over the said duties and sums of money in manner aforesaid, every sndi
assay master, deputy assay master, or other officer, and the clerk or accountoit
of the said company respectively shall forfeit the sum of one hundred pounds,
together with double the amount of the sum of money or duty so received by
such assay master, deputy assay master, or other officer tinder tbe direction or
by authority or pretence of this Act, or which such assay master, deputy assay
master, officer, clerk, accountant, or other person ought to have received
according to the directions of this Act.
XIV, And be it further enacted, that no goldsmith, sOversmith, or othtr
person working or trading in Ireland io wrought or manufactured gold or
silver plate shall sell or expose to sale, barter, or exchange any gold or diver
plate, or manufacture of gold or silver, unless it be silver wire or such things
not exceeding four penny weights, which in respect of their smaUness are not
capable of receiving a mark, until such time as such plate or manufacturu of
gold or silver shall be assayed, touched, and marked in manner herein prf-
scribed in that behalf, upon pain of forfeiting the sum of one hundred pound;*
for every such offence ; and all such plate or manufacture of gold or silver
which shall be found in the house, shop, room, or other place of any such
goldsmith, silversmith, or other person for the purpose of sale, and which shall
not be assayed, touched, or marked in manner herein directed, diall be for-
feited, and may be seized by any officer of inland excise and taxes, or ly any
officers of customs and port duties in Ireland.
XV. And be it further enacted, that no person shall buy, take, or itxmv.
in the way of purchase, barter, or exchange any wrought or manufactured
gold or silver plate, or manufacture of gold or silver, from any goldsmith,
silversmith, or other person whatsoever working or trading in wrought oi'
manufactured gold or silver in Ireland (unless it be silver wire or such thing's
not exceeding four penny weights, which in respect of their smallness arc not
capable of receiving a mark) not being assayed, touched, and marked by the
assay master in manner herein prescribed at the time such gold or silver pkti?
shall be delivered to the buyer or receiver thereof, upon pain of forfeiting ;i
sum equal to the value thereof, to be sued for and recovered by any }iei>on
who shall discover the same, for the sole benefit of the person so diBCovi:iiui;
and suing ; which suit, where the said value shall not exceed the sum cf ten
pounds, shall be by civil bill before the assistant barrister at the sessions «f
the peace for the several and respective counties in Ireland, or befoie tie
chairman of the sessions of the county of DubUn, or before the recorder 4
the city of Dublin respectively ; and where the value of such plate &liali
exceed the sum of ten pounds, then such penalty shall be recovered by «ction
of debt, bill, plaint, or information in any of his Majesty's coui-ts of ricitd
in Dublin.
XVL And be it further enacted, that if any person shall cast, foi^e, f""
counterfeit, or cause or procure to be cast, forged, or counterfeited any mark
or stamp used or directed to lie used in pursuance of this Act for the maikuiL;
or stumping of gold or silver plate, or shall cast, forge, or counterfeit, or Ml
iD. 1807. 47 George ILL SEsa 2. a 15. 427
•
cause or procure to be cast, forged, or counterfeited any mark, stamp, or im-
pressioQ in imitation of or to resemble any mark, stamp, or impression made
or to be made with any mark or stamp used or to be used as aforesaid, or shall
mark or stamp or cause or procure to be marked or stamped any wrought
plate of gold or silver, or any wares of silver, brass, copper, or other metal,
gilt over or plated and resembling plate of gold or silver, with any mark or
stamp which hath been or shall be cast, forged, or counterfeited at any time,
in imitation of or to resemble any mark or stamp used or to be used as afore-
said, or shall transpose or remove, or cause or procure to be transposed or
imored from one piece of wrought plate to another piece of wrought plate,
or from any piece of wrought plate to any vessel of silver, brass, or other
metal as aforesaid any mark, stamp, or impression made or to be made by or
with any mark or stamp used or to be used as aforesaid, or shall sell, exchange, or selling, &c.
or expose to sale, or export out of Ireland any wrought plate of gold or silver, forg^d^rtrans-
orany vessel of silver, brass, or other metal as aforesaid with any such forged po«ed marks,
or comiterfeited mark, stamp, or impression thereon, or with any mark^ stamp, ' '
or impression which hath been or shall be transposed or removed or cut out
bom any piece of wrought plate, knowing such mark, stamp, or impression to
be forged, counterfeited, or transposed, cut out or removed as aforesaid, or
M wilfully or knowingly have or be possessed of any mark or stamp which or possessing
M been or shall be forged or counterfeited in imitation of or to resemble ^^ inarks,
uymark or stamp used or to be used as aforesaid, every such person offending
miny or either of such cases aforesaid, being thereof lawfully convicted, shall
be lodged guilty of felony, and shall be sentenced to be transported for the
ten of seven years in such manner as other felons may be transported under
vjAet or Acts in force in Ireland ; and if any person or persons shall cut
ntof one piece of wrought plate any stamp, mark, or impression made or to
be made, by or with any mark or stamp to be used as aforesaid, with intent
totraDspose or remove such stamp, mark, or impression, or with intent that
the same shall and may be transposed or removed from one piece of wrought
plate to another piece of wrought plate, or from any piece of wrought plate to
tty vessel of silver, brass, copper, or other metal, gUt or plated, and resembling
plate of gold or silver, every such person so offending shall forfeit the sum of
tvo hondred pounds.
IVIL And be it further enacted, that all and every the fines, penalties, and Recovery of
forfeitures inflicted by this Act shall be paid and recovered in British currency ; P*"^*'®*-
od that all such fines, penalties, and forfeitures, the recovery whereof is not
otherwise provided for by this Act, shall and may be sued for and recovered,
kriedjand applied in such manner and form, and by such ways and means, and
^ih Buch powers and authorities as are prescribed, directed, and appointed in
and hj an Act of Parhament made in Ireland in the fourteenth and fifteenth
years of the reign of his late Maj^y King Charles the Second, intituled " An Irish Act,
* Act for the settling of the excise or new impost upon his Majesty, his heirs ^^^ isCha. 2.
" and successors, according to the book of rates therein inserted," or in and
oyan Act made in the forty-sixth year of his present Majesty's reign, intituled
" An Act to provide for the better execution of thp several Acts relating to the 46 Geo. 8.
" revenues, matters, and things under the management of the commissioners ^* ^^^'
" of customs and port duties, and of the commissioners of inland excise and
^ taxes in Ireland," or in and by any ?ther Act or Acts in force in Ireland
428 47 George III. Sess. 2. c 15, 25. A.D. 1807.
relating to any of the said revenues, inatteng, and things under the manage-
ment of the oommtssioners of inland excise and taxes, as fully and effeciaally,
to all intents, constructions, and purposes, as if the same were particularly
mentioned and expressed and re-enacted in this Act, with like remedy of
appeal to and for the party and parties who shall think him,hei. nr theniselvt^
aggrieved or injured, as in and by the said Acts or any of them is providBd
and enacted.
CHAPTER XXV.
An Act for the more convenient Payment of Half Pay and PciLsions. and
other Allowances to Officers and Widows of Officers, and tu Pti-ji'ms u]xm
the Compassionate List. [Ist ATif,'itst 180']
y\l HEEEAS an Act was passed in the forty-sixth year of thr ivi._'ii ..f hi-
Bedtalof present U^esty, intituled "An Act for makiog better ii'vi-ii n Tr
46G&J.3.0.69. Hgjjijjgpg". _^mj whereas it would greatly tend to the comfort ainl aix-oniinoda-
tion of officers who have served in any of bis Majesty's forcr-^ ■itil wil.w.
of officers of the army entitled to pensions, and alsoto pti- ij-i miiv'n.'
any sums of money on the compassionate list, and also of all tli r |« i~<<ii9
receiving any pension or allowance under the controul, directini, m T[iaiiii{:i-
mentofthe secretary at war, by reason of having served in lii-. Majesty's
army, or in any of bis forces, or in any forces which have Ijicn - iil.'Hj.'i.iI in
his Majesty's service, if aU such payments were made to such pi i-ir^ in liu-
parishes or places of their re^dence, or as near thereto as iii:i\ l>e. In lilic
manner as pensions and allowances are paid to persons who hn\ r sirv^^il tu
his Majesty's navy ; and Uiat for that purpose the powers of tin? -ail recitod
Act should be extended to all such persons as far as the same am applic-al'l^,
and that the secretary at war and paymasters general of bia ftLiji^^ty's Ihi-ccm
for the time being should be authorized and empowered from tiun' tA time
to make rules and regulations for that purpose : May it therefoiv^ plcasu yrmi
Majesty that it may be enacted, and be it enacted by the Ki)i/> mi-^t osi>j!-
lent Majesty, by and with the advice and consent of the lord^ >]iintu:il and
temporal, and commons, in this present Parliament assembk<l, ;itiiI ly tlie
iRoTth^"^*' "'"thority of the same, that from and after the twenty-fourth dny ••i Di ciiii)»'r
tarylitvar, One thousand eight hundred and seven it shall be lawful for tlji sei-ntary at
&c. mayotder v ar and paymasters general of his Majesty's forces for the time i-iiriL' t«3 "fiff
■ B, &'c. due and direct that all such pay, pensions, and aUowances to which :itiy i^riic-ri
or persons who have served in any of bis Majesty's forces, oi in any tun-i-'
which have been heretofore or may hereafter be engaged in hi^ MiiitstV!
service, or any widows of any such officers, or any person n(:.i\iii^ an;
allowance or pension on the compassionate lists or any pension, alliiwano, iif
relief in respect of any military service, shall be paid such pay, jieMCii,
allowance, or relief at or near to the parishes or places of thtir ri'siiioDi^ in
any part of his Majesty's dominions or in foreign parts by jhi\- ihimid ac
pointed by the secretary at war or paymasters general of his Maji-ty s fVa'cs
to pay the same under such rules and regulations, and upou 'm-h (vriiiii','i'i-.
vouchers, or receipts as may from time to time at any time be o,-f;iMi--liO'l by rl"'
commisaioners of Chelsea Hospital under the authority of .the said jn ii.-i Art. n- i'-"
as tbe sauie are or can be made applicable or {Bep., UtaL Law Bev. Ait, Iy7:;(>'u.i'>j
to officcn and
AJ). 1807.
47 George TIL Sess. 2. c. 25.
429
under such restrictions or other or further regulations as may be established
by the secretary at war and paymasters general of his Alajesty's forces for the
time being from time to time for that purpose.
11. And be it further enacted, that it shall also be lawful for the secretary
at war and paymasters general for the time being to make such ordeis, rules^
and regulations, and from time to time to alter the same, in relation to the
payment of any such pay, pensions, allowances, or relief to any such persons
90 entitled thereto, as aforesaid, and also as to any certificates, vouchers,
reeeipts, or orders for the better regulating, managing, and making such
payments, and to require such proofs and affidavits relating thereto as may be
requisite for the ordering and securing the payment of such pay, pensions,
aUowances, and relief: Provided always, that every such order or regulation
may from time to time be revoked or altered by any warrant, order, or
instruction under his Majesty's royal sign manual
nL And be it further enacted, that it shall be lawfrd for the lords commis-
doners of his Majesty's Treasury in Great Britain and Ireland respectively,
or any three or more of them, to order and dii*ect that any such pay, pensions,
aDowances, and i-elief so due as aforesaid, for the payment whereof money
A$ll have been voted by Parliament, shall be paid by any receiver general of
tlie land tax, or collector of the cess in Scotland, or any collector of duties of
eostoms or excise, or any collector of the duties imder the management of the
commissioners for the affairs of taxes, out of any public money in their hands
npectively ; and that the vouchers and receipts for the pay mentis of such money
id be taken as cash in the accounts and in part of the duties collected by
aA receivers general or collectors respectively ; and all such sums of money
» advanced imder any such rule or regulation for any such payment shall be
repaid to the account of the duties out of which the same shall have been paid,
in sach manner as the said lords commissioners of his Majesty's Treasury in
Great Britain or Ireland respectively or any three or more of them shall direct
lY. And be it frirther enacted, that all assignments, bargains, sales, orders,
contracts, agreements, or securities whatsoever which shall be given or made
by any person entitled to any such pay, pension, allowance, or relief as afore-
said, for, upon, or in respect of any such his pay, pension, allowance, or relief
shall be absolutely null and void to all intents and purposes.
v. And be it frirther enacted, that all and every such sum or sums of
money to be paid under the provisions of this Act shall be fully and com-
pletely paid to the person in whose fiivour they shall so respectively be drawn
or made payable, without any deduction or abatement or any fee or reward
whatever under any pretence whatsoever, althou^ part thereof may be in
fractions of the smallest denomination ; and every person detaining or with-
holding any part thereof under pretence of former privil^;e or usage of office,
or upon or under any pretence whatsoever, or taking any fee or reward for
any such payment shall for every such offence forfeit and pay the sum of
fifty pounds, to be recovered with treble costs of suit ptep., 6 AS Vict. c. 97. a. 2.J
by any action of debt, bill, plaint, or information in any of his Majesty's
conrte of record at Westminster, wherein no essoign, privilege, protection,
wager of law, or more than one imparlance shall be allowed ; one half of
which shall go to the person injured, and the other half to the person who
BhaU sue for the same.
Secretary at
-war, &c. may
make rules and
regulations for
the payment of
pay, pensions,
Treasury may
direct such pay,
pensions, &c.
to be paid by
the receirer
general of the
bind tax, &e.
Asogmuents,
&e. of soch pay,
pensions, &c.
shall be void.
Pay, pensions,
&c. to be paid
wuhout dedne-
tion, on penalty
of 50/.
430 47 George III. Sess. 2. c. 25. A.D. 1807.
NoorderorbDl, VI, And be it further enacted, that no order, bill, remittance bill, or cei^
&c. under this
Act aball be
&c. under this tificate that shall be made or drawn under the authority of the powers by this
Act given shall be subject or liable to or charged or chargeable with any
Etamp duty, gtamp duty to which bills of exchange are by law subject and liable, or laj
stamp duty whatsoever; nor shall any person or persons receiving payment of
the sum or sums of money drawn for, mentioned or specified in any such
orders, bills, or certificates be bound or obliged to give a stamp receipt for
the same ; but a receipt or acknowledgement of payment indorse<l on sneli
order, bill, or certificate shall be held, deemed, and taken as a sufficient
release and discharge for the same in all cases and courts whatsoever.
Panuhiaent for VII. An0 be it iurther enacted, that from and after the passing of this Act
^mnatmg ^ ^^^ person shall -wilfully and knowingly personate or falsely assume the
name or character of, or proems any other person to personate or falsely to
assume the name or character of any other person entitled or supposed t« be
entitled to any such pay, pension, allowance, or relief as aforesaid, in order to
receive the same or any part thereof, every such person so offending and
being lawfully convicted thereof shall be deemed guilty of felony, and may be
transported for such period not exceeding fourteen years as the court shall
adjudge.
PDnishment VIII. AND be it further enacted, that if any person shall knowingly and
MuuteSeitlDE 'Wilfully foi^e or counterfeit, or cause or procure to be forged or counterfeitei
the names; ic. or knowingly and wilfully act or assist in forging ajid counterfeiting tlic name
enti^d'topay ^^ hand writing of any person entitled to any such pay, pension, allowance,
&c or relief, or of any person or persons required by any rules or regulation»
made under and by virtue of this Act to sign any certificate, voucher, or
receipt in relation to the payment of any such pay, pension, allowance, or
relief, for and in order to the receiving or obtaining any money on any such
pension, allowance, or relief, or shall utter any such, knowing the Bime to
be forged or counterfeited, with an intention to defraud any person whatsoever,
every such person so offending, being thereof lawfully convicted, shall bu and
is hereby declared and adjudged to be gmlty of felony, and may be transported
for such period not exceeding fourteen years as the court shall adjudga
JustioeB, t«- I^- And be it further enacted, that it shall be lawful for any justice of tiie
^■Tf" K^*"" peace or ms^trate or any receiver general of the land tax, collector of the cess
ic. may en- ' in Scotland, collector of the customs, or collector of excise to enquire into
'"Si 'f'oEitfi. *^® truth of any certificate or voucher required by any such rulea or rc^ih-
cates b^ ez> tions, and produced to him by any person claiming any such ps.y, lietmm
__. allowance, or relief under any such certificate or voucher or any person actin;
for him, by the oath or affirmation of the person producing the same ; i\ iiif-
oath or affirmation any such justice of the peace or magistrate or receiw
general or collector aforesaid is hereby authorized and required to adrainislff,
and upon being satisfied of the truth of such certificate or voucher to te^tiff
the same on the back of such certificate or voucher ; and every person fffe
shall in any sneh oath or affirmation wilfully and corruptly swear or affirm
any matter or thing which shall be false or untrue, every such peraon ^i
offending and being thereof lawfully convicted shall be and is lierfi^y de-
clared to be subject and liable to the like pains and penalties as any perwn
convicted of perjury is by any law now in force subject and liable to.
A-D. 1807.
47 George III. Sess. 2. c. 25, 50.
431
X And be it further enacted, that all orders, certificates, vouchers, and Orders, certi-
, . ficates, &c.
receipts for or relating to any such pensions, allowances or relief as aforesaid exempt from
shall be free from all duties of stamps, and be good, valid, and effectual, ^^*™P ^^^y-
although the same shall not have been stamped, any thing in any Act .
oontained to the contrary notwithstanding.
CHAPTEB L.
An Act to amend an Act made in the Parliament of Ireland in the Fifth
Year of his present Majesty's Reign, for erecting and establishing Publick
Infirmaries or Hospitals in Ireland. [8th August 1807.]
TITHEREIAS by an Act made in the Parliament of Ireland in the fifth year
' '^ of his present Majesty's reign, intituled " An Act for erecting and esta-
* blishing publick infirmaries or hospitals in this kingdom," it. is enacted, that
in the several and respective counties therein mentioned publick infirmaries
or hospitals shall be erected and established and supported in manner in the
said Act mentioned : And whereas it is expedient to extend the provisions
of the said recited Act : Be it therefore enacted by the King's most excellent
Msjesty, by and with the advice and consent of the lords spiritual and temporal^
ind commons, in this present Parliament assembled, and by the authority of
the same, that from and after the passing of this Act the said recited Act
and all the provisions therein contained for the erecting, establishing, and
sn^pnting of publick infirmaries or hospitals in coimties shall be extended
and construed to extend to all counties of cities and coimties of to^ns in
fefcttid for the erecting and establishing of a publick infirmary or hospital,
rtoein no special provision has been made by any Act or Acts of Parliament
in force in Ireland at the time of the passing of this Act ; and that the
surgeon of every such pubUck infirmary or hospital to be erected in any such
«mnty of a city or county of a town under the said recited Act and this Act
shall be appointed and paid in like manner as the surgeons to the county
mfirmaries or hospitals in the said Act mentioned ; {and that the grand jury
of any such coimty of a city or coimty of a town, in which any publick
infinnary or hospital shall be so erected or established, shall make such
presentments &om time to time for the support of such hospitals as grand
juries under the said recited Act are empowered to do ; *J and that all other
tnatteis and things 'in the said recited Act or in any other Act contained,
relating to the county infirmaries or hospitals in the said Act mentioned, shall
extend and be applied in the erecting, establishing, supporting, and managing
of such infirmaries in counties of cities and counties of towns in Ireland, as
fully and effectually as if all such counties of cities and coimties of towns had
been mentioned in the said recited Act and included therein by name.
n. Akd be it further enacted, that if it shall happen within twelve months after the
P^ing of this Act, that in any county of a city or county of a town in Ireland any
Bumof money amounting to five hundred pounds at the least shall be raised and advanced
by a publick subscription, or otherwise, for the purpose of erecting, establishing, and
n^taming a publick infirmary or hospital in such county of a city or county of a
I' The part of section 1 . enclosed in brackets is rep., except as to the county of the
city of Dublin, Stet. Law Eev. Act, 1872 (No. 2).I
Becital of Irish
Act, 5 Geo. 8.
c. 20.
Recited Act
to extend to
all counties
of cities, &c.
in Ireland for
establishing
public infir-
maries.
Grand juries to
make present-
ments for the
support of such
establishments.
If 500/. or
upwards be
raised by pub-
lick subscrip-
tion, the lo^
lieutenant may
direct the Trea-
430 47 George III. Sers. 2. c. 25. A.D. 1807.
No order or bill, TI. And be it further enacted, that no order, bill, remittance bill, or cer-
Act'Ji^b^'* ■ *'fi''*t* t^**^ ^^^^^ ^ °i^® or drawn under the authority of the powers by this
BQbject to Act given shall be subject or liable to or charged or chargeable with any
stamp duly. Btamp duty to which bills of exAange are by law subject and liable, or any
stamp duty whatsoever ; nor shall any person or persons receiving pajraent of
the sum or sums of money drawn for, mentioned or specified in any Kueh
orders, billa, or certificates be bound or obliged to give a stamp receipt for
the same ; but a receipt or acknowledgement of payment indorsed on suet
order, bill, or certificate shall be held, deemed, and taken as a sutficient
release and discharge for the same in all cases and courts whatsoever.
Puiusliment for YII. AnD be it further enacted, that from and after the passing of this Act
P^^^'^ if any person shall wilfully and knowingly personate or falsely assume the
name or character of, or procure any other person to personate or falsely to
assume the name or character of any other person entitled or supposed to be
entitled to any such pay, pension, allowance, or relief as aforesaid, in order to
receive the same or any part thereof, every such person so offending and
being lawfully convicted thereof shall be deemed guilty of felony, and may be
transported for such period not exceeding fourteen years as the coui-t shall
adjudge
panuhinent VIII. And be It further enacted, that if any person shall knowingly and
^uDier^iioe ■wilfully forge or counterfeit, or cause or procure to be forged or counterfeited,
the nameB; &c. or knowingly and wilfully act or assist in forging and counterfeiting the name
enu^''^pay ""^ hand Writing of any person entitled to any such pay, pension, allowance,
&c. or relief, or of any person or persons required by any rules or regulations
made under and by virtue of this Act to sign any certificate, voucher, or
receipt in relation to the payment of any such pay, pensiou, allowance, or
relief, for and in order to the receiving or obtaining any money on any such
pension, allowance, or relief, or shall utter any such, knowing the same to
be forged or counterfeited, with an intention to defraud any person whatsoever,
every such person so offending, being thereof lawfully convicted, sh^l bo anil
is hereby declared and adjudged to be guilty of felony, and may be transixirted
for such period not exceeding fourteen years as the coitrt shall adjudge.
JuBtices, re- IS- And be it further enacted, that it shall be lawful for any justice of tlie
^^1*^*^ peace or m^istrate or any receiver general of the land tax, collector of the cesi
tea. may en- ' in Scotland, collector of the customs, or collector of excise to enquire into
^"^ "f^ndfl ^® truth of any certificate or voucher required by any such rules or regu!a-
■a by ex- tions, and produced to him by any person claiming any such pay, [)eflsijD,
allowance, or relief under iiny such certificate or voucher or any perscm acting
for him, by the oath or affirmation of the person producing the same ; ntidi
oath or affirmation any such justice of the peace or magistrate or receiw
gener^ or collector aforesaid is hereby authorized and required to administer,
and upon being satisfied of the truth of such certificate or voucher to testi^
the same on the back of such certificate or voucher ; and every person 'Ai
shall in any such oath or affirmation wilfully and corruptly swear or affirm
any matter or thing which shall be false or untrue, every such person so
offending and being thereof lawiully convicted shall be and is hereby de-
clared to-be subject and liable to the like pains and penalties as uiy p
convicted of peijury is by any law now in force subject and liable to.
A.D. 1807.
47 George III. Sess. 2. c. 25, 50.
431
X. And be it further enacted, that all orders, certificates, vouchers, and Orders, certi-
, , ficates, &c.
receipts for or relating to any such pensions, allowances or relief as aforesaid exempt from
shall be free from all duties of stamps, and be good, valid, and effectual, ^^*^P ^^^y-
although the 'same shall not have been stamped, any thing in any Act .
contained to the contrary notwithstanding.
CHAPTEB L.
An Act to amend an Act made in the Parliament of Ireland in the Fifth
Year of his present Majesty's Reign, for erecting and establishing Publick
Infirmarias or Hospitals in Ireland. [8th August 1807.]
Vkf MERELAS by an Act made in the Parliament of Ireland in the fifth year
"' of his present Majesty's reign, intituled " An Act for erecting and esta-
* blishing publick infirmaries or hospitals in this kingdom," it. is enacted, that
in the several and respective counties therein mentioned publick infirmaries
or hospitals shall be erected and established and supported in manner in the
said Act mentioned : And whereas it is expedient to extend the provisions
of the said recited Act : Be it therefore enacted by the King's most excellent
Majesty, by and with the advice and consent of the lords spiritual and temporal,
and conmions, in this present Parliament assembled, and by the authority of
the same, that from and after the passing of this Act the said recited Act
lad all the provisions therein contained for the erecting, establishing, and
supporting of publick infirmaries or hospitals in coimties shall be extended
arf eonstrued to extend to all counties of cities and counties of to^ns in
ireiand for the erecting and establishing of a publick infirmary or hospital,
rterein no special provision has been made by any Act or Acts of Parliament
in force in Ireland at the time of the passing of this Act ; and that the
sn^n of every such publick infirmary or hospital to be erected in any such
county of a city or county of a town under the said recited Act and this Act
Aall be appointed and paid in like manner as the surgeons to the county
infirmaries or hospitals in the said Act mentioned ; Jand that the grand jury
of any such county of a city or county of a town, in which any publick
infirmary or hospital shall be so erected or established, shall make such
presentments from time to time for the support of such hospitals as grand
juries under the said recited Act are empowered to do ; *J and that all other
iiiatteis and things in the said recited Act or in any other Act contained,
relating to the county infirmaries or hospitals in the said Act mentioned, shall
extend and be applied in the erecting, establishing, gupporting, and managing
of such infirmaries in counties of cities and counties of towns in Ireland, as
felly and effectually as if all such counties of cities and counties of towns had
l>een mentioned in the said recited Act and included therein by name.
H. And be it further enacted, that if it shall happen within twelve months after the
passing of this Act, that in any county of a city or county of a town in Ireland any
sum of money amounting to five hundred pounds at the least shall be raised and advanced
^ a publick subscription, or otherwise, for the purpose of erecting, establishing, and
nttintaming a publick infirmary or hospital in such county of a city or county of a
I* The part of section 1 . enclosed in brackets is rep., except as to the county of the
city of Dublin, Stet. Law Bev. Act, 1872 (No. 2).I
Becital of Irish
Act, 5 Geo. S.
c. 20.
Becited Act
to extend to
all coonties
of cities, &c.
in Ireland for
establishing
public infir-
maries.
Grand juries to
make present-
ments for the
support of such
establishments.
If 500/. or
upwards be
raised by pub-
lick subscrip-
tion, the lord
lieutenant may
direct the Trm-
f
432 47 George HI. Sess. 2. c. 30. A.D. 1807.
wary to add to town, and andi sum of mooej shall be deposited in the hands of the tressurer of the
luoT Wnot ' ^^ county of a city or county of a town, or in the Bank of Ireland in the nime
eiceediDE "'* Baati treasurer, it shall and may be lawful for the lord lieutenant or othor chkf
ifiWl., &c. governor or governors of Ireland for the time Iwing to order and direct the lord hi?li
treasurer of Ireland, or tlje commissioners for executing the said office of lord higb
treasurer, to issue and pay out of the consolidated fund to the said treasurer nf mtb
county of a city or town, or into the said bank in the name of the said treasurer, n snni
of money equal in amount to such subscription bo deposited, but not exceeding in mt
case the sum of one thousand five hundred pounds, to be paid and applied for ih?
purpose of erecting and establishing such infirmary or hospital in such sums nnil at
such times, and in such manner and proportions, and under such rules, repilstioni,
terras, and conditions, and to annex any such forfeitures for breach of such rulw,
regulations, terms, and conditions, as to such, lord lieutenant or other chief governor or
governors of Ireland for the time being shall seem best suited for piximoting the
beneficial purposes of this Act ; and £Rep., Stat. Law Re\. Act, 1872 (No. 2)] [ait«r any
such infirmary or hospital shall be fit for the reception of patients, the grand jury
of the county of a city or, county of a town in which the same shall be erected
and established shall and may yearly present such sum and sums of money
as the grand juries of counties ai"Q by the said recited Act empowered and
directed to present, to be applied in such manner as in the said recited Act or
any other Act or Acts in force in Ireland is mentioned and directed with respect
to the county infirmaries or hospitals in the said recited Act me&tioned'I
Douon of III And be it further enacted, that every donor of any sum not leas than
»haU be gover- twenty guineas to any infirmary or hospital to be erected and establisheJ
nore for life, under this Act in any county of a city or county of a town in Ireland shall
and rabeenbere .,.-,,., „ ,
of ihiee guineas irom the time of such donation be one of the governors or governesses and a
non (c^ *ne"' ™''™'^'' °^ *^^ body corporate or corporation for such respective infirmary or
year. hospital during life ; and every person who shall subscribe and pay any sum
not less than three guineas for the use of such infirmary or hospital shall be
a governor or governess and shall be a member of the body corpomte or
corporation for such respective infirmary or hospital for one year &om the day
of the payment of such subscription.
Directora shall jy. And be it further enacted, that such donors and subscribers so being
be cLosen at a , .
^erai meet- governors and governesses of any such infirmary or hospital in any county ot
^ntoao^ a city or county of a town under this Act as aforesaid sliall from time to
with ex officio time annually at such time of the year as shall be appointed for that pitqR>'^\
**"• at a general meeting of such governors and governesses, choose and elect from
among themselves twelve persons, who, in conjunction with the archbisliofi "f
Armagh for the time being, the lord high chancellor of Ireland for the time
being, and the bishop of the diocese and rector and vicar of each parish within
such county of a city or town for the time being, in which such infinnarj^ "r
hospital shall be situated, shall be directors of the corporation for such resjief-
Fovero of tive infirmary or hospital for the year next ensuing such election ; and such
- "' directors shall for such year have all such powers and authorities in and {«'
the management, govemnnce, and direction of such infirmary or hosjiitsi in
Butih city or town respectively as are given to or vested in the goveni;^
and governesses of any corporation for any infirmary or hospital under li^
said recited Act.
Presentment |V i^nj be it further enacted, that no sum or sums shall be presented ''.''
&«. not to ei- any grand jury under the authority of this Act and the said recited Act, for
{■ The part of section 2. enclosed in brackets is rep., except as to the oouoty of tbc
city of Dublin, Stat. Law Rev. Act, 1872 (No. 2).]
A.D. 1807.
47 George III. Sesh. 2. c. 50, 68.
433
the support of any such infirmary or hospital in any county of a city or
oDunty of a town in Ireland, exceeding the amount of one hundred pounds in
any one year ; and that all sums so presented shaU be raised on such county of
a city or county of a town by an assessment on houses according to the valua-
tion of the same for the payment of ministers money, in such manner as such
grand jaiy shall firom time to time order and direct*!
VI Pbovxded always, and be it further enacted, that nothing contained
in ibis Act shall extend or be construed to extend to {or alter the mode of
assessment hitherto in use for the purposes of any hospital or infirmary
estaUished previous to the passing of this Act, nor to ^J authorize the esta-
blishing of any hospital or infirmary within any county of a city or town
wherein an hospital or infirmary flhaU have been established previous to the
passing of this Act.
IViL And be it further enacted, that whenever it shall happen that any
som of money heretofore presented or hereafter to be presented to be raised
in any county of a city or county of a town in Ireland for any purpose what-
ever shall not be expended agreeable to such presentment and accounted for
within the time prescribed by law, or within a ri&asonable time after such
presentment shall have been made, or whenever any saving may be made on
any presentment, it shall and may be lawful for the grand jury of such county
of a dty or county of a town to represent such sum of money then in the
taBorers hands, or the amount of any such saving, to be expended in the
^flbUishing and maintaining of any infirmary or hospital within the said
coDolj of a city or county of a town respectively, over and above all such
^or sums as the said grand jury are by this Act or the said recited Act
OBpowered to present for such infirmary or hospital as aforesaid ; and such sum
p of money so represented shall be expended in tlie establishing and maintaining
such infirma.ry or hospital accordingly.*!
oeedlOO/. in
one year, and
to be rabed
by asseMment
onhouMfl.
Aetnotto
affect the mode
of aasetsment
in use for the
purpoieof any
hospital already
established, &c.
Whenever
money pre-
sented for any
purpose is not
expended
thereon, the
grand Jury
mar represent
it for the sap-
port of a
iiospitaL
CHAPTER LXVni
Ak Act for the bett^ Government of the Settlements of Fort Saint George
and Bombay ; for the R^olations of Public Banks ; and for amending so
much of an Act passed in the Thirty-third Tear of his present Majenty
as relates to the Periods at which the Civil Servants of the East India
Company may be employed in their Service Abroad.
[13th August 1807.]
TfTHEREAS it is expedioit that the governor in council of Fort Saint
George and the governor in council of Bombay respectively, in the
Eist Indies, should have the same powers for the government of the towns r/f
Madras and Bombay respectively, and the countries within the order and
ittuuigement of the said governors in council respectively, as are now vested
{* The sectioiis sod part of
coonty of the dtj of DoUin, Stat.
VOL IV.
6. endoaed m brMkets are rep., except m to Uie
Eev. Act, 1872 (Vo. 2).\
K e
434 47 George Hi. Se3s. 2. e 68. A.D. 1S07-
in the governor general in couocil of Fort William in .Bengal for the govern-
ment of the settlement of Fort William, and the countries immediately sub-
ordinate to the said presidency of Fort William ; and that such provisions aa
are herein-after contained should be made in respect of students educated at
the college established in England by the East India Company for the educa-
tion of persons intended for their civil service abroad ; and also, that proviaoa
should be made to prevent any doubts arising as to the legal establishment cf
banks with corporate rights in the East Indies ; and that all the servanta of
the said united company should be empowered to subscribe to and become
members of such banks :
VIII, And whereas it may be expedient that public banks for the deposit
and loan of money and the n^ociation of securities, and other purposes,
. should be established in the East Indies, and that the individuals who may
become members thereof should be incorporated under and by the authority
of the respective governments in the East Indies ; but doubts have been enkr-
tained whether the powers of those govei^nments are competent to the t-star
bUshment of such banks within the local limits of the juriadictions of lie
several courts of justice in India, which have been established by his Majesty's
charters ; and it is expedient that such doubts should be removed : Be it
The goveni- therefore enacted, and it is hereby enacted and declared, that it shall and may
m» eatabluh ^^ lawful to and for the several governments in the East Indies to establish
pnUick banki such publick banks, with perpetual succession, and such rights, privileges,
franchises, and immunities as are incidental or are usually granted to corpora-
tions legally erected in that part of the United Kingdom of Great Britain and
Ireland called England, and under and subject to such tenns and onditions
as they shall see fit ; and that the several persona who shall be so incori)orated,
and their heirs, executors, administrators, and assigns shall have, hold, enjoy,
and be entitled to all such rights, privileges, franchises, and immunitie.^f as
well within as beyond the local limits of the jurisdiction of the several coiui^
of justice so established as aforesaid, according to the true intent and ntpanin^
of the several orders or Acts, by virtue of which any such banks or coqxira-
tions shall be so established : Provided always, that the establishment of niiy
such banks or corporations shall not be valid or effectual imtU tboy ^lial!
have received the approbation of the court of directors of the said conijin y
subject to the controul of the board of commissioners for the affairs of IiiiiJ'
for the time being.
All penoni in IX, And be it enacted, that it shall and may be lawful to and for all
the Mim^y Persons wliomsoever in the service of the said company, and for all lii"
ftcDuybecome judges of the several courts of justice in India, to subscribe to and l^nnu'
dj^J^fg . members of any such bank or corporation as aforesaid,' and that it shall '*'
lawful to and for any person or persons in the service of the said coiui*'?
to be elected or appointed, or to become directors or managers th(i 'i
anything contained in the said Act of the thirty-third year of his jin'-'^
Majesty's reign J'J or any other Act of Parliament to the contrary tliei^ l
in anywise notwithstanding.
I« i.e., 33 Geo. 3. c. 52.3
Ld. 1807.
47 George III. Sess. 2. c. G8.
485
L Provided always, and be it further enacted, that no judge of any of the but no judgv
said coiurts of justice in India established by his Majesty's charter shall be ^^IJ^^tor ^
capable of being appointed to or holding the office of the director or manager
of any such bank or corporation.
XL And be it further enacted, that this Act shall be deemed and taken to Vublick Act.
be a pablick Act, and shall be judicially taken notice of as such by all judges,
jnstiees, and others without being specially pleaded.
48 GEORGE III. A.D. 1808.
STATUTES MADE AT THE PARLIAMENT
Begun and holden at Westminster, the Twenty-second Day op June,
AD. 1807,
In the FORTY-SEVENTH Year of the Reign of
King GEORGE the Third,
And from thence continued by several Prorogations to the
Twenty-first Day of January, AD. 1808,
Bhkg the Second Session of the Fourth Parliament of the United
Kingdom of Great Britain and Ireland.
CHAPTER XLVIL
As kr for quieting Possessions and confirming defective Titles in Ireland,
lad limiting the Right of the Crown to sue in Maimer therein mentioned ;
and for the Relief of Incumbents in respect of Arrears due to the Crown
during the Incumbency of their Predecessors. [27th May 1808.]
TTTHEREAS by an Act passed in the ninth year of his present Majesty's
reign, intituled '' An Act to amend and render more effectual an Act 9Geo. 3. c. 16.
" made in the twenty-first year of the reign of King James the First, intituled
" * Ab. Act for the general quiet of the subjects against all pretences of con-
" ' ce&bnent whatsoever/ " it was enacted that the Sing's Majesty, his heirs and
noeeasois, should not implead for any manors, lands, or hereditaments whereon
^ li^t to such lands, manors, or hereditaments did not or should not have
^ocraed within sixty years next before the commencement fff Any suits
iBstitiited in respect of the same : And whereas it Is expe^^lient to limit in like
ittoner the rig^t and title of his Majesty, his heirs and suocesM>rs, in and to
dl manors, lands, tenements, rents, tythes, a:nd hereditaments (excejit liberties
md frandhiaes) in Ireland to sixty years next before the commencement r>f any
ibH or proceeding for the same, and to secure to all his Majesty^s subjects the
fi^ and quiei enjo}rnient of all manors, lands, tenements, rents, tythes, and
lienditaments which they or those under whom they claim resfjectively have
bid or enjoyed, or whereo( they hare taken the rents, revenues, issues, or
profits for the Epnee of sixty years next before the commeneement (d any suit or
prooeeding for the same : Wherefore be it enacted by the Kini^n most excellent
Il^esty, by and with the advice and eon»ent of the lordn spiritual ami t^n*
P^ and commons, in this present Parliament a^^^mM^^d, and by the Huiiumiy
of the same, that the Kind's Maj^rsty. hb h<;ini or succe^HV/rM, stiaU n^/t at any W* Mzjumy
time hereafter sue, impeach, qne-ttion, or implead any \j^r¥m, or jMrrs^/mt, b^yiies j|^' '^ ***
EK 2
ju»/ Mialt
43(J *8 Geohqe III. c. 47. A.D. 1808.
when the right politick or corporate in Ireland, for or in anywiae concerning any manon,
S^^tS^^thin l*ui<l^. tenements, renta, tythes, or hereditaments whatsoever (other than
60 jeare before HbeitieB or franchises), or for or in anywise concerning the revenues, issues, or
ment'of "^h*^ profits thereof, or make any title, claim, challenge, or demand of, in, or to the
suit, unlees his same or any of them, by reason of any right or title which hath not lint
haa'^^'iD accrued or grown or which shall not hereafter first accrue or grow within the
possattioii, &e., gpace of sixty years nest before the filing, issuing, or commencing of eveiy
have been iu such flctioo, bill, plaint, information, commission, or other suit or proceedisgaa
chaise to the ghall at any "time or times hereafter be filed, issued, or commenced for recover-
Crotrn within •' . ■> i ■ . ■>■■ • i. i ■
the 60 years, ing the Same or in respect thereof, unless his Majesty, or some oi his prt^em-
tors, predecessors, heirs or successors, or some other person or persons, bodies
politick or corporate, under whom his Mtyesty, his heirs or successors, say
thing hath or lawfully claimeth or shall have or lawfully claim, have or Ml
have been in the actual seisin thereof, or have or shall have been answered liy
force and virtue of any right or title to the same the rents, revenues, iasoes,
or profits thereof, or the rents, issues, or profits of any honors, manors, or other
hei-editaments whereof the premises in question shall be part or parcel, witliin
the said space of sixty years, or that the same have or aliall have been duly in
charge to his Majesty, or some of his progenitors, predecessors, or ancestors,
heirs or successors, within the said space of sixty yeaj-s ; and that all and evirv
person or persons, bodies politick and corporate, their heirs and assigiw, and all
claiming by, from, or under them or any of them, for and according to tieir
and every of their several estates and interests which they have or claim to
have, or shall or may have or claim to have in the same respectively, shall at
all times hereafter quietly and freely have, hold, and enjoy against his Majesty,
his heirs and successors, claiming by any title which hath not first accrued or
grown or which shall not hereafter first accrue or grow within the said space
of sixty years, all and singular manors, lands, tenements, rents, tythes, and
hereditaments whatsoever (except liberties and franchises) which he or they,
or his or their or any of their ancestors or predecessors, or those from, hy, or
under whom they do or shall claim, or shall have held or enjoyed or taken the
rents, revenues, issues, or profits thereof by the space of sixty years nest
before the filing, issuing, or commencing of every such action, bill, plaint,
information, commission, or* other suit or proceeding, as shall at any time or
times hereafter be filed, issued, or commenced for recovering the .same, or in
respect thereof, unless his Majesty or some of his ptrogenttora, predecessors, oi
ancestors, heirs or successors, or some other person or persona, bodies politick
or corporate, by, from, or under whom his Majesty, his heirs or successors, any
thing hath or lawfully claimeth or shall have or lawfully claim in the saiJ
manors, lands, tenements, rents, tythes, or hereditaments, by force of any ri^'
or title have or shall have been in tJie actual seisin thereof, or have been "r
shall have been answered by virtue of any such right or title the reet*,
revenues, issues, or other profits thereof, within the said space of sixty y«rS'
or that the same have or shall have been duly in charge as aforesaid vi^'''
the said space of sixty years.
Id That cases II. PROVIDED always, and be it enacted, that where the rents, rovenues,
bt^emeiia issues, or profits of any manors, lands, tenements, tythes, or hereditaments are
chuge. or shall be in charge by, to, or with any auditor or auditors, or pro)>er officer
or officers of the revenue, such rents, revenues, issues, and profits siiall be held,
»
AJ). 1808.
48 George III. c. 47.
437
deemed, and taken to be«duly in charge within the intent and meaning of this
Act, any usage or custom to the contrary notwithstanding.
IIL Provided always, that this Act or anything herein contained shall not
extend to bar, impeach, or hinder his Majesty, his heirs or sm^cessors, of, for,
or from any manors, tenements, rents, tythes, or hereditaments whereof any
reTersion or remainder now is in his Majesty, for or concerning the said rever-
gion or remainder ; nor of, for, or from any reversion or remainder, or possi-
biKty of reversion .or remainder in any of his Majesty's progenitors, predecessors,
or ancestors, which, by the expiration, end, or other determination of any
limited estate of fee simple or of any fee tail or other particular estate, hath
or ooght to have first fallen or become in possession, or which shall or may or
ought hereafter first to fall or come in possession, within the space of sixty
years next before the filing, issuing, or commencing of any such action, bill,
plaint^ information, commission, or other suit or proceeding, or shall at any
time or times hereafter be filed, issued, or commenced for recovering the same
or in respect thereof ; nor of, for, or from any right or title first accrued or
grown to his Majesty, or any of his progenitors, predecessors, or ancestors, or
▼liich shall first accrue or grow to his Majesty, or any of his heirs or sue*
eesBors, of, in, or to any manors, lands, tenements, rents, tjrthes, or heredita-
ments, at any time or times within the space of sixty years next before the
filing, issuing, or commencing of any such action, bill, plaint, information,
ennmission, or other suit or proceeding as shall at any time or times hereafter
te filed, issued, or commenced for recovering the same or in respect thereof,
ttinot before.
IT. Provided also, and be it enacted, that all and singular the said manors,
iifldg, tenements, tythes, and hereditaments shall at all times hereafter be
Uden of his Majesty, his heirs and successors, and of other person or persons,
ixxlies politick and corporate, their heirs and successors respectively, by the
sune tenures^ services, fee farms, chief rents, quit rents, heriots, and other
duties, to all intents and purposes, as the same should or ought of right to have
been holden if the estates, rights, and interests established and made sure by
tins present Act had been before the making of this Act firm and efiectual in
l»w: Saving to every person and persons, bodies politick and corporate, their
beirs and successors (other than his most excellent Majesty, his heirs and
iaccessors), all such rights, title, interest, estate, rents, commons, customs,
duties, profits, and other claims and demands whatsoever into or out of the
said manors, lands, tenements, tythes, or hereditaments as they or any of them
Ittd or ought to have had before the passing of this Act, anything in this Act
to the contrary notwithstanding.
V. Provided also, and be it enacted, that where any fee farm rent or other
lent or rents have been or shall be answered and actually paid to the King's
Majesty, or to any of his predecessors, heirs, or successors, within the space of
nxty years next before any action, bill, plaint, information, commission, or
other suit or proceeding shall at any time or times hereafter be filed, issued,
or commenced for recovering the sanae or in respect thereof, out of any manors,
lands, tenements, tythes, or hereditaments, of which manors, lands, tenements,
tythes, or hereditaments the estates, rights or interests being defective are
established and made sure by this present Act, that his Majesty, bis heirs and
flooeessors, shall from henceforth for ever havQ, bold, and ^njoy the said rents
CaM8 in which
revenionsorre-
mainden iii the
crown of any
lands, &c. are
not liable to be
impeached by
this Act.
Lands to be
holden of the
crown, &c.
upon the usual
tenures, ser-
yices, and
duties.
When rents
shall be paid
to his Majesty
within 60
years, they
shall remain
payable.
438 48 Geobqe III. c. 47, 55. A.D. 1808.
J. and arrearages thereof in such manner and form and as fully and as amply
as the same are or were enjoyed at any time within the said space of mxty
years,
I Where rente, VI, AnD be it further enacted, that in all cdfles where any rents or otlier
'-. to hisM^eBtT ^^^ ^ *^® nature or lieu of rents now are or ahaJl hereafter become due and
■; ■ ont of rectories, payable to his Majesty, his heirs and successors, out of or chargeable upon any
[\ , ftd'haTiDg ' rectories, vicarages, curacies, or other ecclesiastical benefices, or payable by tte
i: , »ciual cure of rect-ors, vicars, curates, or other ecclesiastical persona, the incumbents thereof
[ 1 I be liable for respectively having respectively actual cure of souls, such rectors, vicara,
r arrears thereof (juratgg or other ecclesiastical persons, or any of them, shall not be subject or
i' • accrued before . ....
t'. the commeooe- liable to, or compellable to pay or satisfy to his Majesty, his heirs or succepmrx,
fe ment of their ^^y ^rrear or arrears of such rent or rents or other dues which shall have
jt accrued or shall hereafter accrue due and payable before the accruing of the
f title of such rector, vicar, curate, or other ecclesiastical person to such r«-
I tories, vicarages, curacies, or other ecclesiastical benefices aforesaid ; and tb&t
I' no distress, action, suit, or other proceeding whatsoever shall be made, btougfat,
b commenced, or prosecuted against any such rector, vicar, curate, ur other eccle-
r , Biastical person during his life, or against his lands, tenements, goods, or cliatteb
^ ' after his death, for any such arrear, or any part thereof.
Tni
:;■ CHAPTER LV.
i An Act for repealing the Duties of Assessed Taxes, and granting new Duties
i .■ in lieu thereof, and certain additional Duties to be consolidated tliere-
(■ with ; and also for repealing the Stamp Duties on Game Certificates, and
} ■ granting new Duties in lieu thereof, to be placed under the Managpment
['■ of the Commissioners for the Afiairs of Taxes.!*! [1st June 180S,j
Most gracious Sovereign,
, your Majesty's most ilutiful and loyal Bubjects, the commons of the I'ljlted
Kingdom of Great Britain and Ireland in Parliament assembled, tbinting \i
43 Geo. 3. expedient that the duties granted by two Acts of the forty-third aod forty-fifth jiiirs
c. 161. of the reign of your Majesty should be couBolidated with the additional duties gi-anUvl
45 Geo, 3, c 13, Qjj ijjQ amount of the SMd duties by an Act of the forty-sixth year of tbe reign d' yoiir
4eGeo.ac.78. majesty, hnve, towords raisinf; the necessary supplies to deiray your Majesty's piiMiV
expenaes, and making a permanent addition to the public revenue of Great Eritjiic,
freely and voluntwily resolved to grant certain additional duties to be also consoliilalt'l
with the said former duties, in the manner and to the amount contained in tbe respcc-
tive schedules hereunto annexed ; and we do most humbly beseech your Majesty tbi
it may be enacted, and be it enacted by the King's most escellent Majesty, by unJ
with the advice and consent of the lords fipiritual and temporal, and commons, 'a llii>
Dtitiei in the present Parliament assembled, and by the authority of the same, that from and aft<T !!f
schedules to fiflb day of April ouc thousand ei^bt hundred and eight, in that part of Great Brinir
this Act Bhall called Englatid, the dominion of Wales, aud town of Berwick-upon-Tweed, ani fnt;
bclenrfin- and after the term of Whitsunday One thousand eight hundred and eight, in thw [»■'
of Great Britain culled Scotland, in lieu and instead of the duties granted by or ki-
tained in the said several recited Acts, and herein-after repealed, and for tbe piiiii.-*'
of making such permanent increase as aforesaid, there shall be assessed, raised, ]i"ihi'
and paid unto and for the use of his Majesty, his heirs and successors, upon Ihhk''
I* So much of thb Act as relates to the mode of ascert^ning the value of loafc^
with respect to the value*of which tbe valuation list is conclusive, rep., so &r as Khi<-'>
to the metropolis, 32 & 33 Vict. c. 67. s. TT.J
Bicad of former
AJ). 1808.
48 George IIL c 55.
439
wiodows, and lights, as set forth in the schednle to this Act annexed marked (A.),
and qion inhabited houses as set forth in the schedule to this Act annexed marked
(B.), ••....... the several new and consolidated duties respectively
uuorted, described, and set forth in the said several schedules respectively marked as
ifwesud ; which several schedules, and the duties therein respectively contiuned, and
the ndes therein respectively mentioned shall be deemed and construed a part of this
Ad, a» if the same were incorporated therewith, and under a special enactment. {Bep.,
SteL Law Bev. Act, 1872 (No. 2).I
Y. Akd be it further enacted, that the said consolidated and new duties shall be
aacflncd, raised, levied, paid, and accounted for under the provisions and r^ulations of
t]i8 serend Acts herein-after mentioned respectively, and as the same are respectively
ipplicable to Great Britain or the respective parts of Great Britain before mentioned ;
Tideficet, one Act passed in the forty-third year of the reign of his present Majesty,
iDtttnled ^ An Act for consolidating certain of the provisions contained in any Act or
** Acts rebling to the duties under the management of the commissioners for the affiurs
'^ of taxes, and for amending the same," one other Act passed in the same year of the
rd^ of his present Majesty, intituled '' An Act for consolidating certain of the pro-
** visioiis contained in any Act or Acts relating to the duties under the management
" of the commissioners for the afiairs of taxes, and for amending the said Acts so £v as
** the same relate to that part of Great Britain called Scotland," one other Act passed
in the same year of the reign of his present Majesty, intituled ^^ An Act for repealing
** the several duties under the management of the commissioners for the affairs of
'^ Uxes, and granting new duties in lieu thereof, for granting new duties in certiun
*'CMS therein mentioned, for repealing the duties of excise on licences, and on
'^ cttiiages constructed by coachmakers, and granting new duties thereon, under the
^ Buuigement of the said commissioners for the afiieurs of taxes, and also new duties
* 01 persons selling carriages by auction or on commission," three other Acts passed
B the forty-fifth year of the reign of his present Majesty, one thereof intituled ^ An
"in for explaining and amending an Act made in the forty-third year .of his present
' Igesty, for consolidating certain of the provisions contained in any Act or Acts
" rdaling to the duties under the management of the commissioners for the affairs of
^ tixes, and for amending the same, so far as relates to the power of acting as commis-
^ sooers in certain districts," one other thereof intituled " An Act to amend th^
* sereral laws relating to the duties under the management of the commissioners for
" the afiairs of taxes," and the other thereof intituled ^' An Act to amend so much of
** tn Act of the forty- third year of his present Majesty, for consolidating certain of the
*^ pTDtisions of the Acts relating to the duties in Scotland, under the management of
^ the commissioners for the affiurs of taxes, as relates to the appointment of assessors
'^ and sub-collectors, and the notices required to be delivered to persons assessed to the
" said dudes," and one other Act passed in the forty-sixth year of the reign of his
present Majesty, intituled ^^ An Act to grant certain allowances out of the duties under
** the management of the commissioners for the affairs of taxes to persons in respect of
*^ the number of their children" ; and this Act shall be construed in such manner and
to the like efiect in all respects as if the duties hereby gi*anted and mentioned in the
respective schedules hereto annexed were expressly granted under and subject to the
B^eral provisions, allowances, and penalties in the said several Acts contained, and &s
if the several provisions, allowances, and penalties were expressly enacted in this Act ;
ttd that from the respective periods herein-before prescribed for the commencement of
the said duties the schedules to this Act annexed shall be used and practised in ascer-
taining and charging the several rates of duty in lieu of the several schedules for the
Hke pmposes contained in any of the said Acts before mentioned, which lastrmentioned
scbednl^ and the rules and exemptions therein c<mtained, shall from thenceforth
PKl>ectively cease and determine JRep., Stat. Law Bev. Act, 1872 (No. 2).J ; . . . .
JVII.*J And be it further enacted, that every receiver general shall have an allow-
>Dce of three halfpence in the pound for all monies which shall bo by him received
^ paid into the receipt of Exchequer, or duly accounted for according to the
ttwrse of his Majesty's Exchequer {Bep., Stat. Law Bev. Act, 1861.J ; and that
How duties
shall be
sedand col-
lected, &c.
43 Geo. 3. c. 99.
43 Geo. 3.
c. 150.
43 Geo. 3.
c. 161.
45 Geo. 3. c. 5.
45 Geo. 3. c. 71.
45 Geo. 3. c 95.
46 Geo. 3. c 84.
Applieation
of acliediilef
to this Act.
Allowaooesto
reedven geno'
nil, coDecton,
aad clerks.
1' Tins s<ection is rep., so far as it relates to 5>chedule (L.), Stat Law Bev. Act, 1872
^No. 2).J
410 48 Geohoe III. c 55. A.D. 1808.
every collector shall have thre«pence in the pound for what money he shall
pay to the receiver general or his deputy or deputieB, within the time limited
by the several Acts herein mentioned, for all tiie duties granted by this Act.
save and except the duties granted and contained in Schedule (L.) annexed to
this Act, for which other compensation is hereby directed to be made to sncii
collector, and also for what money such collector shall pay out of such du^es,
except as aforee^d, to any person or persons in pursuance of any other Act or
Acts of Parliament, and shall duly account to such receiver general or his
deputy for such payments ; and that for the careful writing and transoibiiig
all and every the assessments, duplicates, warrants, and estreats in due time
and for the due speedy and effectually executing all matters and things
directed to be done or performed by or under ths commissioners acting in the
execution of the several Acts relating to the duties contained in this Act
then in force, the clerk of the said respective commissioners who shall perform
the same within the respective times limited by the said Acts shall, by warrant
under the hands of two or more of the commissioners of each district REpec-
tively, have and receive from the respective receivers general, their deputy or
deputies, the respective sums herein-after limited for every pound of all suck
monies of the said duties as he or they shall have received by virtue of the
assessments of the said commissioners respectively, who is and are hereby
appointed and allowed to pay the same accordingly ; provided the said seveml
Acts be carried into execution in due time, and in an effectual manner, for the
division in which he shall be appointed the clerk, and all warrants, assess-
ments, estreats, and certiiicates be mad^ out and delivered according to the
directions of the stud Acts, and the di^plicates be delivered to the said receiver
general, and into the office of the commissioners for the aSairs of taxes,
within the times limited by the said Acts, but not otherwise ; that is to say,
if the total amount of such allowance for one year, calculated at the rate of
one penny farthing in the pound, on the monies assessed in that year, nnd
paid to the receiver general or his deputy as aforesaid, shall amount to one
hundred pounds or upwards, then such clerk shall not be entitled to rec^ve.
any furtiier or greater allowance than at the rate of one penny &rtbing in
the pound of the said monies so paid : Provided also, that if the total amount
of the monies of the s^d duties received by such receiver general or his deputy
for one year in any district of commissioners shall exceed ninety-six thousand
pounds, then the clerk of such district shall have an allowance at the rate of
one penny farthing in respect of every pound of the said ninety-six thousand
pounds, part thereof, and a further allowance at the rate of one half of oni?
penny farthing for every pound of the said monies exceeding ninety-i^ii
thousand pounds ; and if the total amount of such allowance, calculated at the
rate of one penny farthing in the pound on the said monies, shall not amount
to one hundred pounds, then such derk shall be entitled to receive an all')«^-
ance at the rate of three halfpence in the pound of the monies so paid so ^
that the allowance, calculated as last aforesaid, shall in no case be granted U)
any greater amount than one hundred pomids per annum.
ID. 1808.
48 George III. c. 55.
441
The SCHEDULES referred to by the Act of the 48th Year of his present
Majesty's Reign.
Schedule (A.) H
A Schedule of the Duties made payable for every Dwelling House within
and throughout Great Britain, according to the Number of Windows or
Lights in each Dwelling House and the Offices to be charged therewith.
••••••«••..•••'....••.•.•. •.
BuLES for charging Windows or Lights.
V. Where any change in the occupation of any house, cottage, or tenement
shaD take place after the assessment shall be made, then and in such case the
duties hereby directed to be charged on the occupier or occupiers of houses,
eottages, or tenements, for one year, shall be levied upon and paid by the
oocapier or occupiers, landlord or landlords, owner or owners for the time
being, or on both or all of them, according to their times of possession thereof,
without any new assessment, notwithstanding such ' change in the occupation
of sach house, cottage or tenement for the year that such house shall have
been assessed : Provided, that where a tenant of any house, cottage, or tene-
ment ahall quit the same on the determination of the lease or demise thereof,
after an assessment shall be made, and shall have given notice thereof to the
assessor for the place, the duty thereon shall be discharged by the commis-
aoners for executing this Act for the remainder of that year, in case it shall
tffear to i^he said commissioners at the end of such year that such house,
eottige, or tenement shall have continued wholly unoccupied for and during
fte remainder of such year.
Schedule (B.)
A Schedule of the Duties made payable on all Inhabited Dwelling
Houses throughout Great Britain, according to the Value thereof, and
of the Offices and Lands to be charged therewith.
Rules for charging the said last-mentioned Duties.
L Te[e said last-mentioned duties to be charged annually on the occupier
or occupiers for the time being of every such dwelling house, being of the
annual rent of five pounds or upwards, at the respective rates before mentioned),
and to be levied on him, her, or them, or on his, her, or their respective
executors or administrators, and in like manner in cas6 of a chanore in the
occapation thereof as is before directed in respect of the duties on windows or
lights,
IL Every coach-house, stable, brewhouse, wash-house, laundry, woodhouse,
bakehouse, dairy, and all other offices, and all yards, courts, and curtilages, and
l^ens, and pleasure grounds, belonging to and occupied with any dwelling
house, shall in charging the said duties be valued together with such dwelling
house ; provided no more than one acre of such gardens and pleasure grounds
shall in any case be so 'valued.
Y Bep., except Rule V. so fitr as the same is applicable to Rule 1. of Schedule (B.),
StaL Law Bcv. Act, 1872 (No. 2),I
44 2 48 George III a 55. A.D. 1808.
III. All shops and warehouses which are attached to the dweUing house
or have any communication therewith shaU in charging the said duties be
valued together with the dwelling house and the household and other offices
aforesaid thereunto belonging (except such warehouses and buildings upon or
near adjoining to wharfs, which are occupied by persons who carry on the
business of wharfingers, and who have dwelling houses upon the said wharfs
for the residence of themselves or servants employed upon the said wharfs).
And also except such warehouses as are distinct and separate buildings and
not parts or parcels of such dwelling houses, or the shops attached thereto, but
employed solely for the purpose of lodging goods, wares, and merchandise, or
for. carrying on some manufacture (notwithstanding the same may adjoin to or
have commimication with the dwelling house or shop).
IV. Every chamber or apartment in any of the Inns of Court, or of Chancery,
or in any college or hall in any of the universities of Great Britain, being
severally in the tenure or occupation of any person or persons, shall be. charged
thereto as an entire house, and on the respective occupiers thereof.
V. Every hall or office whatever belonging to any person or persons, or to
any body or bodies politic or corporate, or to any company, that are or may
be lawfully charged with the payment of any other taxes or parish rates,
shall be subject to the duties hereby made payable as inhabited houses ; and
the person or persons, bodies politic or corporate, or company to whom the
same shall belong shall be charged as the occupier or occupiers thereof.
VI. Where any house shall be let in different stories, tenements, lod^ngs,
or landings, and shall be inhabited by two or more persons or families, the
same shall nevertheless be subject to and shall in like manner be charged to the
said duties as if such house or tenement was inhabited by one person or fiunily
only, and the landlord or owner shall be deemed the occupier of such dwelling
house, and shall be charged to the said duties: Provided, that where the
landlord shall not reside within the limits of the collector, or the same shall
remaiji unpaid by such landlord for the space of twenty daj'B after the same
is due, the duties so charged may be levied on the occupier or occupiers respec-
tively ; and such payments shall be deducted and allowed out of the next
payment on account of rent.
VII. No dweUing house or other such premises as aforesaid shall be estimated
or rated at any less annual value than the rent or value at which the same
premises stand charged in the last rate made on or before the time of making
the assessment for the relief of the poor in the same parish or place.
VIII. In case the said poor rate shall have been made throughout by a
poimd rate on the full annual value of all the dwelling houses in the same
parish or place, then such assessment shall be made according to the said rate;
and the assessors appointed or to be appointed for the said duties shall in
making their assessments on different dwelling houses in the same parish or
place in all such cases as aforesaid observe the same rule of proportion between
the assessment of the duties granted by this Act thereon, as shall have been
observed in making such poor rate as to all the premises aforesaid rated in
such poor rate.
IX. In case the said poor rate shall have been made on any proportionate
part of such value^ then such assessors shall assess the same at the same sums
respectively as they would have been assessed at by virtue of this Act, if the
A.D. 1808.
48 George III. c. 55.
443
same had been respectively estimated in such poor rate at the full value thereof
TCBpectively.
X. Ik case the poor rate in any parish or place shall not bo made on the
fiill annual value of the different dwelling houses charged, nor according to
any proportionate part of such annual value, but nevertheless the said dwelling
houses shall be rated in a due proportion to each other, it shall be lawful for
the assessors by all lawful ways and means authorized by this Act to impiire
into and to the best of their information and judgment to ascertain the actual
rent of the several houses and other the premises aforesaid in different occupa-
tions within their limits, which shall have been let within the period of three
years preceding the time for making the assessment, or so many of thorn em
they shall be able to ascei'tain the rent of, and shall make an assessment on
ihe actoal rent on such of the said houses, and premises therewith occupied
▼hich shall appear to them to have been so let at the just and full value
thereof, and shall afterwards proceed to assess the several other houses with
the premises aforesaid occupied therewith in sums respectively bi^aring the
same proportion as far as the same can be computed to the amount of such
fii8t assessment, as the sums charged on the the said poor rate on such otticr
liremises respectively bear to the sum charged in the said p<x>r rate on the
add house and premises so first assessed : Provided always, that the aforc>said
rnle shall extend only to such houses and premises chargeable under this Act
IB shall be rated in such poor rate distinctly and unmixed with other prr/jierty
iDt chargeable to the duties hereby granted.
XL In case aihy house with the premises aforesaid therewith rjccupir;'! shall
BDibe rated in such poor rate, or shall be rated therein together with other
jHvperiy not chargeable to the duties hereby granted, or there shall be no |>o</r
nte in the parish or place where sach house is sitoaie, and in every ctmf.
where the rules before mentioned are not applicable, the said Bmemnnm shall
make their assessment firom the best information they can obtain rjf the aimnal
vahie tiiereo^ which in all cases shall be the actoal amount of the rent at
which the said hoases and premises aforesaid re^rpectively are let, ffr if iK/i
let, the rent which they respectively are worth to be let by the year
XH Ix case any liouf>e with the premises aforesaid shall, on ocesmi^m fA the
asesBor or assessors having pursued the proportions observe^l in tlie ypf/r r^i
on which sach assessment was made, have been asiiieivied at a vnn e^ee^h'n^
the just rate on the annual value thereof, it rifaall be lawful for the tfiftuml^
8i(Mias to abate and deduct from such a^^Fie^iTnent v> much as in their jndgm#^t
win reduce the same to a yi^t rate on «nf:h annual value, liiot in w* ea.%e to a
less annual value than the ^ame ^^itanrt) rati^ at in the y^ir rat^.
XTTT. Is case 'any hoTL^fr with the prr:TA:.-?eH zf-jr^^A »hj4i), ^>n oeeaAi ',«,*'>/
the assessor or asacsftor* having \>nT'^'nrii zhe propr^rti 'jXIa o^iH^r^/ed in ^nch p^y>r
ttfce, have been assessed at a unia Ie*s than the actu;il r^rit at TchyrK tc.^ ^m^
shall be kt, or, if not let. at Ir?« tr;an the r^n^ at whieh th*^. ^r:,^. rr/.^.t f^ h^t
it shall be lawful for the ^yinsml^ai-'-n.^^r* to enlar^ an*-! >4!t'*j«<^ »n.':h a«»**«ftrAenf,
to sodi ffom as a like renn would anir rmt nr:.*f».
XIV. Whkrr any dwel'.In^ honMe -^hall ^je AWy^e-A mr/, 'ii^-*r*nt; ten<*mer.tv*
kang distmei propertie*, every ^di tenHn«*r^ *hau be »ihf#*itt v> •,h<i ^«m«^
Aities as if the same waa an entt?* hnnsey which d^my ^hai". be paid oy the
occupiers thereof rt^speetrv^lj.
444 48 Qeorgb III. c 55, 58. A.D. 1808.
Exemptions.
Case I. Any house belonging to his Majesty or any of the royal faimly,
and every public office for which the duties heretofore payable have been paid
by hie Majesty or out of the public revenue.
Case IV. Any hospital, charity school, or house provided for the reception
or relief of poor persons.
Case T. Every house whereof the keeping is or shall be committed or liA
to the care or charge of any person or servant who doth not pay rates to tie
church and poor, and who resides therein for the purpose only of taking aa
thereof : Provided, Uiat an assessment shall be duly made in every such case,
and the fact be truly returned in the manner directed by this Act in oth^
cases of exemption from the said duties, and the exemption be allowed by tin:
commissioners for executing this Act
CHAPTER LVIII.
An Act for amending the Law with regard to the Course of Proceeding on
lodictments and Informations in the Court of King's Bench in certan
Cases; for authorizing the Execution in Scotland of certain Warrants issi]!!d
for Offences committed in England ; and for requiring OfEcers taking Bui
in the King's Suit to assign the Bail Bonds to the King. [1st June 1808.]
WHEREAS the provisions contained in two Acts of the twenty-sixth ani
thirty-fifth years of his present Majesty's reign, for amending the law
with regard to the course of proceeding on indictments and informations ia the
Court of King's Bench in certain cases relating to the public revenue have been
found benefi(^, and it is expedient to extend the same to other cases : Be it
therefore enacted by the King's most excellent Majesty, by and with the advice
and consent of the lords spiritual and temporal, and commons, in this present
Bail bond* ia Parliament assembled, and by the authority of the same, that whenever any
caces where person shall be charged with any offence for which he or she may be prosecuted
charged with by indictment or information in his Majesty's Court of King's Bench, not being
irti h ^^ma t^esson Or felony, and the same shall be made appear to any judge of the BSnif
be prosecuted court by affidavit, or by certificate of an indictment or information being fil '(i
&c Tn'ST""' as*i°st Bucli person in the said court for such offence, it shoJl and may he
Court of King's Iswfiil for such judge to issue his warrant under his hand and seal, and therel'V
be^M trtasoD ^ cause such person to be apprehended and brought before him or some otber
or fSonj. judge of the same court, or before some one of his Majesty's justices of the
peace, in order to his or her being bound to the EUng's Majesty, with t«
sufficient sureties, iu such sum as in tiie said warrant shall be expressed, wi^
condition to appear in the said court at the time mentioned in such wantft'
and to answer to all and singular indictments or informations for anysocli
offence ; and in case any such person shall neglect or refuse to become bound
as aforesaid, it shall be lawful for such judge or justice respectively to comitit
such person to the common gaol of the county, city, or place where the ofeKe
shall have been committed, or where he or she shall have been appreheade-J.
there to remain until he or she shall become bonnd as aforesud, or shall be de-
AD. 1808.
48 George III. c. 58,
44S
chai]ged by order of the said court in term time, or of one of the judgeH of tlit)
said oourt- in vacation ; and the recognizance to be thereupon taken nhall l>«
retained and filed in the said court, and shall continue in force until huoIi
person shall have been acquitted of such offence, or in case of conviction Nhall
have received judgment for the same, unless sooner ordered by the said court to
be discharged ; and that where any person, either by virtue of such warrant of
commitment as aforesaid, or by virtue of any writ of capias ad respondonduin
issaed out of the said court, is now detained or shall hereafter bo committed to
and detained in any gaol for want of bail, it shall be lawful for the probccutor
of soeh indictment or information to cause a copy thereof to be delivered to
soch person, or to the gaoler, keeper, or turnkey of the gaol wherein such per«
Bon is or shall be so detained, with a notice thereon indorsed that unlesn such
penoQ shall within eight days from the time of such delivery of a copy of the
indictment or information as aforesaid cause an appearance and aliK) a plea or
demurrer to be entered in the said court to such indictment or information,
iQ ^>pearance and the plea of not guilty will be entered thereto in the name
of sodi person ; and in case he or she shall thereupon, for the said space (ft
dg^t days after such delivery of a copy of the indictment or informatii>n an
afoieaaid, n^lect to cause an appearance and also a plea or demurrer t^> lie
entered in the said court to such indictment or information, it shall lie lawful
for the proeecator of such indictment or information upon an affidavit Wing
Mde and filed in the said court of the delivery of a copy of such indictment
<r information with such notice indprsed thereon an aforesaid to such \mrmm,
fftft sudi gaoler, keeper, or tomkey, as the ease may be, which affidavit may
leaade befoie any judge or commissioner of the sud court Antiumztfil itp lakh
Hmta in the said court to cause an lypearanee and the plea (d n//t guilty it}
icentoed in the said court to such indictment or ioformaiion for such i$ernot$ ;
itti sadi pioeeedings shall be had thereupon as if the defendant in soeh in/Jiet*
aeot or infannatiai had appeared and pleaded not goilty aeecirding Up iim
vol eourse of the said eourt ; and that if opon the trial of soefa inAuAaiisni
or infiniation aigr drfwidant so eonunitted and detained am aforeMad tAmXi im
aeqintted of all the oflenfgs therein charged upon him or her, it shall be lawful
forthe judge beloie whom mcfa trial shall be had, althouji^ he umj not }ft i/tm
ct At judges of the said Court of King's Bench, to order that Meh defef>4ai»i
ilitll he ibrthwith disdharged out of ca^^Ay as to bi^ or her eofai»it<i»eot m
ifcicattd, aDd aodh drffwiant ^hall be thereupoo djjvehar]^^ aeKxyrdin^y.
Kntry of sp-
p«ftnituMi, ko.f
111 0«rtllill 0IM4««,
flir piirw)tui flu-
tullMNl (in WAN
rant of Doninilt-
inunt or on
cttpiiM ftd r»«
ipowUnUuifl*
HL AsD be it funher duet^ Oat if nqr pervoo ^iaul he Mmn^^^ ntUff
tlie piw i% cf tdhk Act ty acy wift ^A cafia* ad n^/fMAanA^itu M/itft^ ovt ^4
"»J rfhis lUjat;^* tfxrut^ rf r«rjri at Westmirjiter^ or oi5tt '/ ti^e m^fisrw^
ttmofreovd^/csiber cf dieer^co^s^^p^^ m ^0^ *4 mtj *M <U ^i^mtu *M
Imw U^.JUt, \^t ^V>. ^^J at Oie vM '4
ICte^ l«ub4> ill
m/m*4mfm0^
fUltJkitlmil fr.ia va^ p*r»f;cL *1a ^cj^tM ^fr ^fJtjut ^>«h«r at vu^ f»^rif^
•d eotti rf de prMfte&'c -A «k£ writ n^k^ m«1^ U/ ti-^ KJ.vjf * Jii^ety,
K» hoB and meoamrx^ ickt 'imL uxA Vbium h'^m mi0X. U». 'ff iUWfr9f$i^
• ■ore cnCiiufr wxaaHM. iriia. lu*;/ M; Ci'jjue w.-vy/vf^ a«;y <i|*^-.^ i^'S^
446 48 Oeorqe IIL a 58, 75. A.D. 1808.
Procew on thereupon JRep., Stat Law Rev. Act 1872 (No. 2).J ; and if such Iwul bond be
Buch'baiTbonda. forfeited. H«cb process ahall thereupon issue as on bonds originally made to
the King's Majesty, bis heirs and successoi's, and the court in which such bail
bond is put in suit may by rule or rules of the same court give such lelief
to the defendant or defendants as is agreeable to justice and reason.
i
. CHAPTER LXXV.
An Act for providing suitable Interment in Churchyards or Parochial Biirjii^ T
Grounds in England for such dead Human Bodies as may be cast im j
Shore from the Sea, in cases of Wreck or otherwise. [1 Ntli Juub 1805,]
\17 HEBEAS no provision hath yet been made by the laws now in foree
' ' for providing suitable interment in churchyards or parochial burying
grounds for such dead human bodies as may be east on shore t'rnni t]ie sea, Ijy
wreck or otherwise, in that part of the United Kingdom calleii Knglami : And
whereas it is expedient that provision should be made for thi? < li cent intexmi-nt
of such bodies : May it therefore please your Majesty that it may he unact«l,
and be it enacted by the King's most excellent Majesty, hy and with the
advice and consent of the lords spiritual and temporal, and c< iiiinitms, in tliis
In CEM* where present Parliament assembled, and by the authority of the -^anic, that from
bodies shall *°*^ after the passing of this Act the churchwarden and churclt wardens, ovct-
becastoD seer and overseers of the poor for the time being of the rcspLctivc parishes
wardeos, &c. throughout England, in which any dead human body or dead liuman Ixdies
of the P^t^^ shall be found thrown in or cast on shore from the sea by wrtck fir uthcrwisei
Bhall be found shall and he and they is and are hereby required, upon notice tn him or tbwn
shall cBuee given that any such body or bodies are thrown in or cast on wlmre by the sea,
removed and and is or are lying within the bounds of the parish for which be or they shall
mtwred ma y^^ churchwarden or churchwardens, overseer or overseers of tin* noor, to cause
decent maimer '
in the church- the same to be forthwith removed to some convenient place, and with all
pariah"™*^ convenient speed to cause such body or bodies to be decently inteiTed in the
chiirchyard or burial ground of such parish, bo that theexpenees attending on
such burial do not exceed the sum which at that time is aUowil in ifuch parish
for the burial of any person or persons buried at the expence nl' such parisliJ
ProyiMfor Provided always, that in case any such body or bodies shall Ix? thrown ia
p^^*""" or cast on shore from the sea in any extra-parochial place -wluru there is
churchwarden or churchwardens, overseer or overseers of the poor, then 8
every such case the constable or headborougb of such place shall, on notice
giveu to him that such body or bodies is or are lying in such extra-]
place, forthwith causa such body or bodies to be removed to ,'^i>tiii
place, and with all convenient speed cause the same to be huiied in such
the like manner as the churchwardens and overseers within Enghmd arc ht
required to bury such body or bodies.
Minister of II. AtTD be it further enacted, that every minister, parish clerk, and
^orm'the* ^^ ^"*^ respective parishes shall perform their several and res]iLctivc dOti«i(
foneral KTrice, such and the like manner as is customary in other funerals, and r^hall admit 9
auch body or bodies being interred in such churchyards or l>urial groum
without any improper loss of time, receiving for the same, hy way of cwayto^
sation, such and the like sums as in cases of burialB made at the expenee of
such parishes.
ID, 1808.
48 George III. c. 75.
447
III And be it further enacted, that in case any person or persons shall find
any such body or bodies cast on shore from the sea by wreck or othei'wise, and
shall wiUun six hours thereafter give notice thereof to some one of the church-
wardens or overseers of the poor of the parish for the time being in which
such body or bodies shall be found, or to the constable ot headborough for the
tiine being, in case such body or bodies shall be found in any extra-parochial
place, or cause such notice to be left at his or their last or usual place or places
of abode, then and in every such case such person or persons shall receive the
ram of five shillings for his, her, or their trouble, such sum to be forthwith
paid to the person or persons first giving such notice only ; but nevertheless
that no greater sum than five shillings shall be paid for any one notice,
although there may be a greater number of such bodies than one.
IV. Provided always, and be it further enacted, that in case any person or
persons shall find any such body or bodies cast on shore fi'om the sea by wreck
or otherwise, and shall not within six hours thereafter give notice to some one
of the churchwardens or overseers of the poor of the parish for the time being
in which such body or bodies shall be found, or to the constable or head-
borough ibr the time being, in case such body or bodies shall be found in any
extra-parochial place, or cause such notice to be left at his or their last or usual
place or places of abode, then and in every case such person or persons shall
for every such offence forfeit and pay the sum of five pounds.
V. And be it further enacted, that all necessary and proper payments, costs,
Airges, and expences, which shall be made or incurred in or about the exe-
eaiHi of this Act, shall be made and paid by the churchwarden or church-
wdens, overseer or overseers, constable or headborough for the time being of
ffli respective parishes and places as aforesaid.
VL And, for the purpose of reimbursing him or them all such payments,
»sts, chaiges, and expences, be it further enacted, that it shall and may be
Uwfnl to and for any one justice of the peace for the county or place witliin
that part of the United Kingdom called England, in which any such body or
bodies shall have been so removed and buried as aforesaid, by any writing
under his hand, to order and direct the treasurer for such county to pay such
sum or sums of money to such churchwarden and churchwardens, overseer
and overseers, constable or headborough, for his or their costs and expences in
or about the execution of this Act (after the same shall have been duly verified
on oath) as to the said justice shall seem reasonable and necessary ; and such
treasurer shall and he is hereby authorized and required forthwith to pay the
8Qm or sums of money so ordered and directed to be paid to the person or
persons empowered to receive the same ; and such treasurer shall be allowed
the same in his accounts.
VIL Provided always, and be it enacted, that in case any such church-
warden or churchwardens, overseer or overseers, constable or headborough
AaH refuse or neglect to remove or cause to be removed such body or bodies
from the sea shore to some convenient place prior to the interment thereof, for
^ space of twelve hours after such notice given to him or them, or left in
writing at his or their last or usual place or places of abode by any person or
persons whomsoever, or shall neglect or refuse to perform the several other
duties required of him and them iby this Act, then and in every such case
Reward to per-
sons finding
dead human
bodies cast
on shore, and
giving notice
thereof to
parish officers.
Penalty on
persons finding
dead human
bodies cast on
shore and not
giving notice
Uiereo£
Expences to be
paidbychurdi-
wardens, &c.
Reimburse-
ment of ex-
penses by the
treasurer of
the county.
Penalty on
parish officers
neglecting to
remove and
inter dead
human bodies
cast on shore.
48 George III. c. 73.
A.D. 1808.
BecoTery of
penalties onder
this Act.
every such churchwarden or overseer, constable or headborough, shall tbv everj-
such offence forfeit and pay the sum of five pounds.
VIIL And be it further enacted, that all penalties and forfeitures which
shi^l be incurred under this Act, if not paid on conviction, shall be levied and
recovered by dislress and sale of the goods and chattels of the offender or
offenders, by warrant under the hand and seal of any justice of the peace lor
the county or place where the offence shall happen (which warrant such jusUce
is hereby empowered to grant on the confession of the party, or upon tie
evidence of any credible witness upon oath), and the surplus of the inonty
arising by such distress and sale shall be returned on demand to the owner of
such goods and chattels, after deducting the costA and charges of making,
keeping, and selling the distress; and such penalties and forfeitures, when
recovered, shall be paid to the informer or informers ; and in case sufficient
distress shall not be found, or such jienalties and forfeitures shall not be
paid forthwith, it shall and may be lawful to and for such justice, and be
is hereby authomed and required, by warrant under his hand and seal to
cause the offender or offenders to be committed to the common gaol or house
of correction of such county or place, there to remain without bail or main-
prize for any .time not exceeding two calendar months, nor less than fourteen
days, unless such penalties and forfeitures and all reasonable charges attending
the recovery thereof shall be sooner fully paid and satisfied.
IX. Ahd be it further enacted, that in all cases where any conviction shall
be had for any offence or offences committed against this Act or against any
order of sessions or any matter in pursuance of this Act, the form of conviction
shall be in the words or to the effect following ; (that is to say),
E it remembered, that on this day of in
B^,
the year of the reign of A,B. is convicted
before one of his Majest/s justices of the peace for
the of having [as the offence shall be], and I the said
do adjudge him [or, them] to forfeit and pay for the same
Uie sum of . Given under my hand and seal the
day and year aforesaid.'
X. Provided always, and be it enacted, that if any person or persons shall
think himself, herse^, or themselves aggrieved by any judgment or deter-
mination, or by any matter or thing done in pursuance of this Act, such person
or persons may appeal to the justices of tiie peace at the fii-st general or
quarter sessions of tJie peace to be holden for the county or place (within
which the matter of appeal shall arise) next after the expiration of one calen-
dar month from the time such matter of appeal shall have arisen, the iierMn
or persons appealing having first given ten days notice at least of his or tb-ii
intention to bring such appeal and of the matter thereof to the person or
persons so appealed agaiOiSt, and forthwith after such notice entering into s
rec<%Dizance before some justice of the peacb for such county or place, with
sufficient sureties conditioned to try such appeal and abide the order and award
of the said court thereon ; and the said justices at such sessions, upon dua
nroof of such notice and recc^nizance having been given and entered into, are
Hereby authorized and required to hear and determine the matter of such
appecd in a summary way, and to make such determination thei-ein, and to
award such costs to either of the parties or otherwise, as they shall judge
JLD. 1808.
48 GeobGE III c. 75, 88.
449
proper ; and the said justices may if they see cause mitigate any fine, penalty,
or forfeiture, and may also order such further satisfaction to be made to the
party injured as they shall judge reasonable ; and all such determinations of
the said justices shall be final, binding, and conclusive upon all parties to all
intents and purposes whatsoever.
XL AUD be it further enacted, that where any distress shall be made for
any som of money to be levied by virtae of this Act, the distress itself shall
not be deemed unlawful^ nor the-party or parties making the same be deemed
a trespasser or trespassers on account of any defect or want of form in the
infonnation, summons, conviction, warrant of distress, or other proceedings
rebting thereto ; nor shall the party or parties distrained be deemed a tres-
puser or trespassers ab initio on account of any irregularity that shall be
afterwards done by the party or parties so distraining ; but the person or
persons aggrieved by such irregularity shall and may recover full satisfaction
for the special damage in an action upon the case.
Ill Provided always, and be it further enacted, that all penalties and
expences attendant thereon, which shall be incurred under the provisions of
iUs Acfe, shaU be paid and borne by the person or persons incurring the same,
ud that the parish or place wherein such person or persons ought to have
acted in the duties prescribed by this Act shall be wholly exempted therefrom.
XIII. Whereas in cases of dead wrecks wherein no living person is found
or owner known, the lords of manors on which any such dead body or dead,
bodies may be washed in, and who are entitled to wreck there, have usually
pud a small fee for the placing such body or bodies in the ground in the state
invlrich the same have been found, and such payments have been adduced
ad admitted as proof on trials at common law of the right of such lords of
fiiflfiors to wrecks in such manors : Be it therefore enacted, that in all and
e?ery such cases it shall and may be lawful to and for all and every lord or
knb of any manor or manors throughout England to pay or cause to be paid
to the churchwarden or churchwardens, overseer or overseers, constable or
headborough of such respective parishes and places as aforesaid, such and the
Kke sums as he or they was or were heretofore accustomed to pay for the
placing any such body or bodies into the ground as aforesaid ; such sums to
go in part payment and discharge of the costs and expences to be incurred in
or about the execution of this Act, and credit to be given for the same by such
oreraeers, churchwardens, constable or headborough, in their accounts with
&e eounty to which such accounts shall be submitted, anything in this Act
to the contrary thereof in anywise notwithstanding.
Proceedings for
distress not to
be deemed un-
lawful for want
of form, &c.
Penalties to be
paid by persons
incurring the
same, and not
by the parish.
Lords of
manors, &c.
may pay the
same fee as
heretofore for
interring dead
human bodies,
&c.
CHAPTER LXXXVIIL
Ak Act to restrain the Negotiatimi of Promissory Notes and Inland Bills of
Exchange under a limited Sum in England [23d June 1808. J
TTTHEREAS various notes, hills of exchange, and drafts for money for very small
y f soms have for some time past heen circulated or negotiated in lieu of cash
withm that part of Great Britain called England to the great prejudice of trade and
public credit, and many of such hills and drafts being payable under certain terms and
f^tttrictions which the poorer sort of manufacturers, artificers, lahourers, and others
taaaoi comply with, otherwise than by heing subject to great extortion and abuse :
VOL. IV. F F
[' 450 48 GEonaE III. e. 88. A.D. 1808.
^ Beeital ot And whereas an Act passed in the fifleenth jear of the rei^n of his present Majesly,
I isOeo.S.c.Sl. iDtituled " An Act to restrain the negotiation of promiasory notes and inhirid liillsuf
F " excliange under a limited earn within that part of Great Britain called Eoglnnd,"
f for preventiag the circulating such notes and drafts : And whereas douhu have
k arisen as to the power of justices of the peace to hear and determine offenci^ under
I the said Act ; and it is therefore expedient that more effectual provisions etinuld it
made for enforcing the proviMons of the said Act : Be it therefore enacted hj tbc
King's most exceUent Majeatj, by and with the advice and consent of tlie lords
spiritual and temporal, and commons, in this present Parliament flssembled, and b; the
Beci'ced Act authority of the same, that from and after the pas^ng of this Act the stud recited Au
repealed. - shall be and the same is hereby repealed. fRcp., Stat. Law Rev. Act, 1872 (Nu. S).}
Fromiiaorj IL AifD be it ftirtiher enacted, that all promiasor^ or other uoteg, bills of
^«diBn^20« exchange, or drafts, or undertakings in writing being negotiable or tranaferaWe
vgii for tfie payment of any sum or sams of money, or any orders, notes, or under-
takings in writing being n^otiable or transferable for tbe deliver)' of any
goods, specifying their value in money, leas than the sum of twenty shillings
in the whole, heretofore made or issued, or which shall hereafter be maile or
issued, shall from and after the first day of October one thousand eigbt
hundred and eight be and the same are hereby declared to be absolately vuid
and of no effect ; any law, statute, us^e, or custom to tiie contrary thereof in
anywise notwithstanding.
Persons utter- m. AND be it further enacted, that if any person or persons shall after the
tiSing such first day of July one thousand eight hundred and eight by any art, device,
notes, &c. for qj- means whatsoever publish or utter any such notes, bills, drafts, or eng^e-
sbaU forfeit not ments as aforesaid, for a less sum than twenty shillings, or on which less than
exceeding aW., (jjg gyj^ gf twenty ahillings shall be due, and which shall be in anywise
5/, negotiable or transferable, or shall negotiate or transfer the some, every swch
person shall forfeit and pay for every such offence any sum not exceeding
twenty pounds nor less than five pounds, at the discretion of the justice of
the pea'ce who shall hear and determine such offence.
Jn»tice»em- IV. AND be it further enacted, that it shall be lawful for any justia' or
heu and deter- justices of the peace acting for the • county, riding, city, or placi' withiii
mioe ounces, iphich any offence against this Act shall be committed, to hear and determine
tJie same in a summary way at any time within twenty days at'Cei' ^iiL:ii
offence shall have been committed ; and such justice or justices ujiun .iny
information exhibited or complaint made upon oath in that bebulf shiii
summon the party accused, and also the witnesses on either side, and ahull
examine into the matter of fact, and upon due proof made thereof, either hj
the Voluntary confession of the party or by the oath of one or more ciedi'Ji!
witness or witnesses, or otherwise (which oatli such justice or justicc^^ is >j'
are hereby authorized to administer), shall convict the offender, and aJjutk')'
the penalty for such offence.
Fenaltf on V. AND be it fiirUier enacted, that if any person shall be summonec! "j ^
lH..n.iing, witness to give evidence before such justice or justices, either on the put iif
the prosecutor or the person accused, and shall neglect or refuse to appear at
the time or place to be for that purpose appointed, without a reasonable
excuse for such his aeglect or refusal to be allowed by such justice oi justieei.
then such person shall forfeit for every such offence the sum of forty shillings,
to be levied and paid in such manner and by such means as are directed for
recovery of other penalties under this Act
A.D. 1808.
48 George III. a 88.
4:) I
VL And be it further enacted, that the justice or justiccfl before whom any
offender shall be convicted as aforesaid shall cause the said conviction to bo
loade out in the manner and form following ; (that is to say,)
' "DE it remembered, that on the day of in the year
' -^ of our Lord A.B. having appeared before me [or uh],
' one [or more] of his Majesty's justices of the peace [as the case may be] for
' the county, riding, city, or place [as the case may bo], and due proof having
' been made upon oath by one or more credible witness or witnesiieH, or by
' confession of the party [aa the case may be], is convicted of
' [specifying the offence]. Given irnder my hand and seal [or, our hands and
' s^] the day and year aforesaid.'
Which conviction the said justice or justices shall cause to be returned t^> the
tiien next general quarter sessions of the peace of the county, riding, city, or
place where such conviction wbs made, to be filed by the clerk of the peace,
to remain and be kept among the records of such county, riding, city, or plaa^
VII Provided always, and be it Airther enacted, that it shall be lawful fur
VLj clerk of the peace for any county, riding, city, or place, and he in hereby
lequired, upon application made to him by any person or pernonH for tliat
porpose, to csuse a copy or copies of any conviction or convictions file^l by
bim under the directions of this Act to be forthwith delivered to such {lerHon
orpeiBons upon payment of one shilling for every such co[>y«
TIIL Akd be it further enacted, that the peeuniary penalties and forfeitures
Weby incorred and. made payable npon any conviction against this Act »hall
^iorthwith paid by the person convicted, as follows ; one moiety of th<$ £r/r-
ttire to the informer, and the other moiety to the poor of the parish or place
tiere the offence shall be OMnmitted ; and in case rach person shall refnue or
Bf^kct to pay the same, or to give sufficient security to the satiiifiscti/m 4jf sadi
JQstioe or joatioes to proseente aoy^iq^peal agaim^t such ocmviditm^ muM joi»'
tioe or jostiees shall by warrant under his or their hand and s^al or tiandu
and seals csnse the same to be levied by distress and fiale of the offen/l^^s
goods and chatfds, togetlm- with all eosis and charges attending such tYv^nim
and Bile, rejiiniing the overplus fif any) to the owner ; and which naad war-
not of disixeflB the said josdee or justices shall eaase to be maAt^ ^mt in ikh*s
nnmer and fixm foDowing; ifthat is to sayj
' To the eonsiable, headborongh, or tythingmaa of
TTTHEREAS A.R of in th^ eomty ^/f m iXnh day
eomrieted before me //r us^ on^ //r mon^] of Li* Maje«ity^» joi^ieMi of
the peaee [as the ease may W^ for th<e erionty of /yr t/r th^
Tiding of the ecmnty of Y<3rfL or for th-e town, liberty, or diHriet ^4
[as the CMC may be'. npcA the <4Uh of or aer^JJ'/L^
vitncas or witBOBtt /^ by tfMd*^'jMi rf the party, aii Xuh esMe ftwty 1>?^ iftr
that the aaid AB. bath T^ere «iec forth thi^ €M^m^7^ tfmirsuj Vp U^. taMfiUi
m that ease made mA yrtjnril^ W r^a^/n irf/i«^r^/ tJv? ntt^i AM. )Mi$ i'/r^
fcited tlae Mm of %f, \^ ol*<rr'Ait<^ a» W»r;ii i* tsj^tXtt/H^, ^^':is
he hath icAued v> pay : TL^Ae an \kjfivd*jr*i, m hi* )Li^<^Y^ umnh, W *:^h$^
■Mod ynt to lerjr %£jh w^ *5cifa ^i l/y ^^¥tr»9ift '/ U^ if '>^/>* «#*^
dttttds of him lit ssii A.B.. vu\ 'J w'rJc/M Uj^ ^a0a^ '4 Cr-? 4*>* t^^xx idu^r
rf takiag \r^ mulik:. ♦LttZ. u.k '^ yi^r. Vjm VjU yjm 'iv **,;; u>. hk^i if;^^^
Form of oon-
vlotiou.
Oonvi^HioMN io
bo riHurnM to
tbif qtiiiit4ff
ClirriM of Ibtf
copiiw oieoB'
yieiionn on
ptt^rnurotof
I?*:
452
48 George III. c. 88.
A.D. 1808.
Offenders may
be detained in
custody until
return of the
warrant, unless
they give
security.
Offenders may
be committed
for want of
distress.
' and chattels so by you distrained, and out of the money arising by such sale
* that you do pay one-half of the said sum of to of
' who informed me [or us, as the case shall be] of the said
' offence, and the other half of the said sum of to the overseer of
' the poor of the parish, township, or place where the offence was committed,
' to be employed for the benefit of such poor, returning the overplus (if any)
' upon demand to the said A.B., the reasonable charges of taking, keeping,
' and selling the said distress being first deducted ; and if suffident distreBB
' cannot be found of the goods and chattels of the said A.B. whereon to levy
* the said sum of that then you certify the same to me [or us, as
' the case shall be], together with this warrant Given under my hand and
' seal [or our hands and seals] the day of in the year of
' our Lord
IX. And be it further enacted, that it shall be lawful for such justice or
justices to order such offender to be detained in safe custody until return may
conveniently be had and made to such warrant of distress, unless the party
so convicted shall give sufficient security to the satisfaction of such justice or
justices for his appearance before the said justice or justices on such day as
shall be appointed by the said justice or justices for the day of the return of
the said warrant or distress (such day not exceeding five days from the taking
of such security) ; which security the said justice or justices is and are hereby
empowered to take by way of recognizance or otherwise.
X. And be it further enacted, that if upon such return no sufficient distress
can be had, then and in such case the said justice or justices shall and may
commit such offender to the common gaol or house of correction of the county,
riding, division, or place where the offence shall be committed for the space of
three calendar months, imless the money forfeited shall be sooner paid, or
unless or until such offender, thinking him or herself aggrieved by such con-
viction, shall give notice to the informer that he or she intends to appeal to
the justices of the peace at the next general quarter sessions of the peace to be
holden for the county, riding, or place wherein U^e offence shall be conmiitted,
and shall enter into recognizance before some justice or justices, with two
sufficient sureties, conditioned to try such appeal, and to abide the order of and
pay such costs as shall be awarded by the justices at such quarter seasionfl
(which notice of appeal, being not less than eight days before the trial thereof,
such person so aggrieved is hereby empowered to give) ; and the said justices
at such sessions, upon due proof of such notice being given as aforesaid and
of the entering into such recognizance, shall hear and finally determine the
causes and matters of such appeal in a summary way, and award such costs
to the ^parties appealing or appealed against as they the said justices shaD
think proper; and the determination of such quarter session shall be fiml
binding, and conclusive to all intents and purposea
Convictions not
to be quashed
for want of
form or re-
moved by
certiorari, &c
Limitation of
actions, &c.
XII. Provided always, that no proceedings to be had touching the con-
viction or convictions of any offender or offenders against this Act shall 1*
quashed for want of form, or be removed by writ of certiorari or any other wnt
or process whatsoever into any of his Majesty's courts of record at Westminster.
XIII And be it further enacted, that if any action or suit shall be com-
menced against any person or persons for anything done or acted in pursuance
ID. 1808. 48 George III. c. 88, 103. 458
of ibis Act, then and in every such case such action or suit shall be commencod
or prosecuted within three calendar months after the fact conunitted, and not
afterwards ; and the same and every such action or suit shall be brought
within the county where the fact was committed, and not elsewhere ; and the
defendant or defendants in every such action or suit shall and may plead the
general issue, and givei this Act and the special matter in evidence at any trial
to be had thereupon, and that the same was done in pursuance and by the
aothority of this Act ; and if the same shall appear to have been so done, or
if anj such action or suit shall be brought after the time limited for bringing
the same, or be brought or laid in any other place than as afore-mentioned,
then the jury shall find for the defendant or defendants ; or if the plaintiff or
pfauQtiffs shall become nonsuit, or discontinue his, her/or their action after the defendant
or defendants shall have appeared, or if Upon demun^er judgement shall be f^ivcn
affansi the plaintiff or plaintiffs, the defendant or defendants shall and may recover
treble costs, and have the like remedy for the recovery thereof as any defendant or
defendants hath or have in any other cases by law f Rep., 5^6 Vict. c. 97. s. 2.}.
CHAPTER cm.
Ax Aci for further extending the Provisions of several Acts for establishing
the Bank of Ireland ; and for empowering the Governor and Company of
the said Bank to advance the Sum of One million two hundred and fifty
thousand Poimds, Irish Currency, towards the Service of the Year One
thousand eight hundred and eight [25th June 1808.]
lost gracious Sovereign,
TT'HEREAS in pursuance of an Act passed in the Parliament of Ireland in
' the twenty-first and twenty-second years of his present Majesty^s
ragn, intituled " An Act for establishing a bank by the name of The Governor Irurii Aeu,
" and Compiany of the Bank of Ireland," the sum of six hundred thousand *\* ** '
pounds was subscribed and paid by debentures issued from his Majesty's
Treasury of Ireland ; and the persons who subscribed and paid the same were,
by letters patent under the great seal of Ireland, incorporated by the name of
*" The Governor and Company of the Bank of Ireland," to have perpetual
snoeession, subject to a proviso or condition of redemption in the said recited •' so.
Act contained : And whereas by an Act passed in the Parliament of Ireland 3i Geo.a.e.»,
in the thirty-first year of his present Majesty's reign, for extendir*g the pro-
visions of the said Act of the twenty-first and twenty-second yearH of hiii
Majesty's reign, the said governor and company were empowered to receive
sahacriptions for enlarging their aforesaid cq>ital stock or fund of six hundreil
thousand pounds, in any sum not exceeding the sum of four hundred thou^anrl
pofunds, so as to make their whole capital stock the sum of one million : And
▼hereas the said farther sum of four hundred thousand pounds wan aeeordingly
sahscribed and paid : And whereas by the said recited Act of the thirty^firKt
year aforesaid, so much of the said Act of the twenty-first and twenty-aecond
years of his present Majesty's reign an related to the eeamng and deienoining
of the said oorporation was repealed, ami it was provided that tlie muI •, t.
corporaiida mi^^ be dissolved upon twelve months notice after the fint day
of January one thoosand ei^t himdred and sixteen u|K/n the terms and am^
ditioQs in the Act of the thirty-first year a&/reaaid mentioned apd tfft^&A :
L**
454 48 George IIL c. 103. A.D. 1808.
37 Geo. 8. c. 50. And whereas by En Act made in the Parliament of Ireland in the thirty-
seventh year of his present Majesty's reign, for further extending the provisions
of the said recited Act of the twenty-first and twenty-second years, the said
governor and company were empowered to receive subscriptions for enlarging
the said capital stock or fiind of one million in any sum not exceeding the
further sum of five hundred thousand pounds capital stock, so as to make the
whole capital stock the sum of one million five hundred thousand pounds;
and the said further sum of five hundred thousand pounds was accordingly
M- 6, 7. subscribed and paid ; and by the said recited Act of the thirty-seventh year
aforesaid it was provided that the said sum of five hundred thousand poiindB
should be paid into the receipt of his Majesty's Exchequer of Ireland as a loan,
and that there should be paid from the Exchequer of Ireland to the said
governor and company an interest or annuity of tweuty-five thousand poimds,
being a sum equal to the amount of the whole interest on the said sum of five
hundred thousand pounds after the rate of five pounds per centum per amium;
and also that there should be paid from the said Exchequer to the said
governor and company a further annuity of three pounds twelve shillings and
sixpence for every one hundred pounds of the said five hundred thousand
poimds for nineteen years, from the twenty-fourth day of June one thousand
8. 10. seven hundred and ninety-seven ; and by the said recited Act of the thirty-
seventh year aforesaid, an annuity or yearly .sum of thirty thousand pounds
was made payable to the said governor and company for the before-mentioned
sum of six hundred thousand pounds : And whereas it will promote the exten-
sion of public credit and tend to the furtherance of commerce in Ireland if the
capital stock of the said bank were increased by the addition of a further sum
not exceeding the sum of one million, and if the term for the determining of
the said corporation were extended upon the terms and conditions herein-after
. mentioned : And whereas the said governor and company are willing and have
agreed to advance towards the supply granted to your Majesty for the service
of Ireland, for the year one thousand eight hundred and eight, the sum of one
million two hundred and fifty thousand pounds, Irish cmTcncy, upon the terms
and conditions herein-after in that behalf mentioned : Be it therefore enacted
by the King's most excellent Majesty, by and with the advice and consent of
the lords spiritual and temporal, and commons, in this present Parliament
So much of assembled, and by the authority of the same, that so much and such part of the
31 Greo 3c 22 ^ j *f ' -r
as relates to provisions contained in the said recited Act of the Parliament of Ireland made in the
the determin- thirty-first year of his present Majesty's reign as relates to the determining of the
io^ of the an- annuity in the said Act mentioned, and to the dissolving of the said corporation of
nmty therein the governor and company of the Bank of Ireland, upon the notice and payments in
tol^^^^'l^^ the said Act mentioned, shall be and the same is hereby repealed ; and f Rep., Stat
▼ing the lUmk Iaw Rev. Act, 1872 (No. 2).J that the said governor and company of the Bank
repealed. q{ Ireland, and their successors for ever, shall remain, continue, and be one
Bank shall re- body corporate and politick, by the name of. The Governor and Company
tio^*^'^^'*" ^^ ^^^ Bank of Ireland aforesaid, and shall for ever have, receive, and enjoy the
said several annuities of thirty thousand pounds and twenty-five thousand pounds in
the said recited Act of the thirty-seventh year aforesaid mentioned, and shall also have,
receive, and enjoy the said annuity after the rate of three pounds twelve shillings and
sixpence for every one hundred pounds of the said sum of five hundred thouslnd ponnds,
for nineteen years from the twenty-fourth day of June one thousand seven hundred
and ninety-seven in the said last recited Act also mentioned {Rep., Stat. Law Ref.
. Act, 1872 (No. 2).I, together with all abilities, capacities, powers, authorities,
A.D. 1808.
48 Qeoboe III. c 103.
455
This Act not to
affect Irish Act,
88 Geo. 8. c. 21.
Bank em-
powered to
increase their
capital by one
million addi-
tional Btock.
franchises, exemptions, privileges, profits, and advantages whatsoever, to which
the said governor and company of the Bank of Ireland now are or before the
passing of this Act were entitled by the said several herein-before recited Acts
or any of them, and by their charter ; and the said governor and company and
their successors shall be and are hereby freed and discharged from the said
condition of redemption :
EL Provided always, and be it further enacted, that nothing in this Act
contained shall extend or be deemed or taken to extend in anywise to alter,
prejudice, or affect the construction, effect, or operation of the Act of the
Parliament of Ireland of the thirty-third year of the reign of his Majesty,
intituled " An Act for the relief of his Majesty's Popish or Roman Catholic
'* Buhjects of Ireland," touching any right or privilege whatsoever, of which
his Majesty's said subjects are by the said Act rendered capable.
III. And be it further enacted, that it shall and maj be lawful for the said governor
ind company of the Bank of Ireland, and thej are hereby authorized and empowered,
80 soon as they shall think proper, to receive subscriptions from any person or persons,
nadres or foreigners, bodies politick or corporate, for enlarging their capital stock or
fond of one million five hundred thousand pounds, so as to make the whole capital
stock the sum of two millions five hundred thousand pounds, and for providing a
fnither sum of two hundred and fifty thousand pounds towards completing the afore-
nKOtioned sum of one milliou two hundred and fifty thousand pounds, provided the
whole thereof shall be subscribed and paid on or before the twenty-fourth day of June
one thousand eight hundred and nine, which subscriptions shall be made at the rate of
one hundred and twenty-five pounds, Irish currency, for every one hundred pounds of
nch additional stock ; and the money for such additional stock shall be paid in such
muter and form and by such instalments or proportions as the conrt of directoiB of
the said bank shall from time to time appoint, so as that the whole of the said sub*
xnptioa shall be subscribed and paid on or before the said twenty-fourth day of June
006 thousand eight hundred and nine ; and {Rep., Stat. Law Rev. Act, 1872 (No, 2).}
the capital stock of one million subscribed and paid for shall from and after
the time of such payment be deemed and taken as and for a part of the
capital stock of the said corporation ; and the subscribers thereto, from and
after the time of making full payment for such additional stock, and their
respective executors, administrators, and assigns shall at aU times be members
of the said corporation, and incorporated therein, and shall be entitled unto,
and have, hold, and enjoy all benefits, privil^es, advantages, and immunities,
and be subject and liable to all regulations, rules, and orders to which the
present stockholders and members of the ^ said corporation in respect of the
stock held by and belonging to them are respectively entitled, subject, and
liable unto by the said several Acts of Parliament herein-before recited, or by
any other Act or Acts of Parliament, grants or charters whatsoever now in
force, or by any byelaw of the said corporation or otherwise howsoever ; and
the said additional stock shall be transferrable and assignable in like manner,
and the proprietors and holders thereof shall hold their respective shares of
the said additional stock in like manner as the respective stockholders of the
said corporation now do and hereafter shall hold and enjoy the respective
sums belonging to them in the present capital strjck of the said corp^jration ;
and the same shall in all respects be consolidated and united as one joint
stock.
lY. And be it further enacted, that the sud corporation shall and may Dividaidf to
from time to time make and pay the like dividends to the proprietors of the mitSSooal
said additional stock, as they shall make and pay to the proprietors and '^^^^
it,"
456
48 George III. c. 103, 106.
A.D. 1808.
holders of the present stock of the said corporation ; ihe first of which divi-
dends shall commence from such' time as shall be specified in ihe propoflab
or terms to be offered for such subscription by the said court of directora
When one
million is snb-
Bcribedy cor-
poration may
borrow money.
VII. And be it further enacted, that from the time ihe said sum of one
million shall be subscribed and paid in under. thjd provisions of this Act, the
said corporation may borrow or give security for any sum or sums, so that
they shall not owe at any one time more than a sum equal to the said soma
of two millions five hundred thousand pounds, and of two hundred and fifty
thousand pounds ; anything in the said herein-before recited Acts or any of
them contained to the contrary notwithstanding.
When bills for
continuing
Acts whidi
would expire
during the
session shall
not pass before
the Acts ex-
pire, such Acts
shall be deemed
to be continued
from their
expiration.
w
CHAPTER CVL
An, Act to remedy the Inconvenience which has arisen and may arise from
the Expiration of Acts before the passing of Acts to continue the same.
[25th June 1808.]
HEREAS bills for the continuing of Acts in force only for a Umited
time have sometimes not passed before the expiration of the Act
intended to be continued, and great inconvenience may arise therefrom : Be
it therefore enacted by the King's most excellejit Majesty, by and with the
advice and consent of the lords spiritual and temporal, and commons, in ibis
present Parliament assembled, and by the authority of the same, that where
any bill may have been or shall be introduced into this present or any future
session of Parliament for the continuance of any Act which would expire in
such sessions, and such Act shall have expired before the bill for continubg
the same shall have received the royal assent, such continuing Act shall be
deemed and taken to have effect from the date of the expiration of the Act
intended to be continued as fully and effectually, to all intents and purposes,
as if such continuing Act had actually passed before the expiration of such
Act, except it shall be otherwise especially provided in such continuing Act :
Provided nevertheless, that nothing herein contained shall extend or be con-
strued to extend to affect any person or persons with any punishment, penalty,
or forfeiture whatsoever, by reason of anything done or omitted to be done
by any such person or persons contrary to the provisions of the Act so con-
tinued, between the expiration of the same and the date at which the Act
continuing the same may have received or shall receive the royal assent
LD. 1808.
48 Georoe III. c. 110.
457
CHAPTER OX,
An Act for the further Encouragement and better Regulation of the British
White Herring Fishery until the First Day of June One thousand eight
hundred aod thirteen, and from thence to the End of the then next Session
of Parliament J»I [25th June 1808.]
"HEREAS the improvement of the British white herring fisheries is an object
w
of most essential importance to the wealth and commercial prosperity, as well
w to the naval strength of this kingdom, for the attainment of which it is expedient
that lucre effcctaal regulations should be made in order to the insuring a due and
proper attention to the curing, sorting, and packing of white herrings, that the credit
of the British fisheries in our colonies and in foreign parts may be maintained : Be it
therefore enacted by the King's most excellent Majesty, by and with the advice and
eonsent of the lords spiritual and temporal, and commons, in this present Parliament
Ksembled, and by the authority of the same, that from and after the first day of June
ooe thousand eight hundred and nine, a bounty of three pounds per ton shall be paid
annually in tlie manner herein-afkier prescribed to the owner or owners of any whole
decked buss or vessel of not less than sixty tons burthen, being British built, owned in
Great Britain, and manned, navigated, and registered according to law, which shall be
fitted out for and be actually employed in the deep sea British white herring fishery on
the coasts of Great Britain or Ireland in the manner and under the regulations pre-
seribed by this Act ; provided that such bounty shall not in respect of any buss or
Teasel be computed or paid on any greater number of tons than one hundred, although
Mch buss or vessel shall be of gi'eater burthen : Provided always, that if any buss or
vessel properly fitted for the deep sea white herring fisheiy in the manner required by
this Act shaU be hired for caiTying on the said fishery, the person or persons hiring
the same shall be entitled to the bounty on the tonnage thereof, in the same manner
u if such person or persons was or were owner or owners of such buss or vessel.
Pep., 31 & 32 Vict. c. 45. s. 71-1
ni. AxD be it further enacted, that from and after the said first day of June one
t&OQsand eight hundred and nine there shall be paid for every barrel containing thirty-
two gallons of white herrings, caught in the British fisheries and landed in Great Britain,
ind which shall be cured and packed according to the directions of this Act, a bounty
of two shillings. {Rep., 55 Geo. 3. c. 94. s. 6. J
IV. And whereas by two several Acts passed in the thirteenth year of the
reign of his late Majesty King George the First it was among^^t other things
provided, that it should be lawful for his Majesty, his heirs and successors,
by letters patent under the great seal appointed by the treaty of union to be
kept in Scotland in place of the great seal thereof, to nominate and appoint
any number of persons resident in Scotland, not exceeding the number of
twenty-one, to be trustees for overseeing, directing, and better improving the
linen and hempen manufactures within that part of Great Britain called Scotland,
with power to the said trustees, or any number of them, by the said letters
patent to be determined, to assemble at such place or places^ and to make such
rales and orders for the improveAent of the said manufactures, and for pre-
venting abuses therein, as they shall think expedient, consistent with the true
intent and meaning of that Act, and with the laws and statutes of the realm ;
and also to appoint the same number of persons to be trustees and commis-
I* Every enactment or provision contained in this Act, whereby it is or may be held
to be required that fifteen clear days should intervene between the day of the salting white
Iterrings and the day on which the bari'els containing such herrings, whether bung packed
or repacked, should be marked or branded, rep^ 14 & 15 Vict. c. 26. s. 1. The whole
Act is rep., 30 & 31 Vict. c. 52. s. 9., in so far as necessary to give efiect to the pro-
visions of that Act. The sections printed large are rep., 31 & 32 Vict. c. 45, s. 71.,
oxcept 80 far as they relate to Scotland and ai*e not inconsistent with that Act.]
A bounty of
3/. per ton to
be paid an-
nually to the
owners of
bussea em-
ployed in the
deep sea British
white herring
fishery.
If a hired buss
be employed,]
the persons
hiring the same
shall be entitled
to the bounty.
A bounty of
2«. per barrel
to be paid on
white herrings.
Becital of
13 Geo. 1.0.26.
and c. 30. pro-
viding for the
appointment of
trustees for
fisheries and
manufactures
in Scotland.
458
48 George III. c. 110.
A.D. 1808.
The number of
the tmstees by
the recited
Acts limited to
21 may be in-
creased to 28.
His Majesty
may appoint
seven of such
trustees to be
commissioners
for the herring
fishery;
who may ap-
point a secre-
tary, &c.
Commissioners
to report an-
nually to the
board of trus-
tees for fish-
eries and manu-
factures in
Scotland, and
to Parliament
The Admiralty
to appoint an
officer of the
navy to be
superintendant
of the deep
sea British
•white herring
fishery.
sioners for managing and directing the application of the sums in the last-
mentioned of the said Acts, according to the plan and method that should be
settled and established as therein mentioned, and for executing the seyeral
powers and authorities which by the said letters patent shall to them be
committed by his Majesty, his heirs or successors : And whereas it is expedient
that the number of trustees or commissioners by the said Acts so limited
should for the purposes of this Act be increased : Be it therefore enacted, that
from and after the passing of this Act it shall and may be lawful for \m
Majesty, his heirs and successors, by letters patent under the great seal
appointed by the treaty of union to be kept in Scotland in place of the great
seal thereof, to increase the number of the said trustees to twenty-eight
V. And be it further enacted, that it shall be lawfiil for his Majesty, his
heirs, and successors, by letters patent under the great seal appointed by the
treaty of union to be kept in Scotland in place of the great seal thereof, to
nominate and appoint any number of such trustees or commissioners as afore-
said, not exceeding seven, to be commissioners specially for overseeing, directing,
and better improving the white herring fishery, with power to them or any
number of them by the said letters patent to be determined, to execute or
cause to be executed the provisions of this Act in the manner herein mentioned,
and for that purpose to appoint a secretary and such clerks and other officers
under them (the number of such clerks and other oflScers being first approved
of by the lords commissioners of the Treasury or any three of them) as they
the said commissioners to be appointed for the herring fishery shall think fit ;
and also that it shall be lawful for the said lords commissioners of the Treasury,
or any three or more of them, to direct such salaries or allowances, and all such
other expences as shall be incurred in the execution of this Act, to be paid to
such secretary, clerks, and other officers, as the said lords commissioners of the
Treasury shall approve of; provided always, that no person shall act as a com-
missioner under the authority of this Act who shall be concerned directly or
indirectly in the white herring fishery.
VII. Ano be it further enacted, that the said commissioners for the herring
fishery appointed by virtue of this Act shall and they are hereby required to
deliver in annually on the first day of June in every year to the board of
trustees or commissioners for fisheries and manufactures in Scotland, appointed
in pursuance of the above recited Acts, a full and accurate report of their
proceedings for the year preceding, and shall also cause to be laid before each
House of Parliament within fourteen days after the commencement of every
session a copy of the said report, signed by the said commissioners of the
herring fishery.
VIII. And be it further enacted, that it shall be lawful for the lords commissioners
of the Admiralty to appoint a commissioned officer in his Majesty's navy as superinten-
dant of the fishery described in this Act as the deep sea fishery, for the purpose of
causing the same to be carried on according to the regulations of this Act, and also as
well for preserving order among the persons employed therein, as for protecting them
and their vessels against enemies; which person so to be appointed superintendant
shall annually proceed in a proper vessel or vessels of sufficient force, to be provided
for that purpose, to Brassey Sound in Shetland (which is hereby appointed to be the
place of rendezvous of the said deep sea British white herring fisheiy) so as to anire
there before the fifteenth day of June ; and the said superintendant shall remain with
the vessels which shall be employed in the fishery during the continuance thereof for
the season, and shall, as often as he shall be required, transmit to the lords commis-
sioners of the Admiralty and to the conunissioneris for the fisheiy a list of the busses or
A.D. 1808.
48 George III. c 110.
459
Tessels employed in the said fishery, together with the nnmber and ages of the men
employed on board thereof, distinguishing the capacities in which they respectively act.
[Bep., 31 k 32 Vict. c. 45. s. 71.]
IX. And be it further enacted, that the oflBicer who shaJl be appointed
imperintendant as aforesaid shall take and subscribe the oath following, which
oath any one of the commissioners for the fishery or any justice of the peace
shall be authorized to administer :
*T A.R do solemnly swear, that I am not directly or indirectly concerned as
*-*■ an adventurer in the white herring fishery or in any other fishery, or as
* a carer of fish ; and that I will not be concerned therein, either directly or
' indirectly, during the time I shall act as superintendant of the white herring
* fishery. So help me GOD.'
X. And be it further enacted, that it shall be lawful for the lords commis-
sioners of his Majesty's Treasury, or any three or more of them, to appoint
persons at the respective places on the coast of Great Britain where herrings
are caught or cured, and at the ports or places where vessels are usually fitted
out for the British herring fishery, and where vessels employed in the said
fishery usually discharge their cargoes, and also at the ports of exportation, to
o?erlook the curing of all herrings caught, to take an account of and clear out all
salt, nets, barrels, and other stores shipped or put on board any buss, vessel, or
boat for the said fishery, and to inspect and take account of aU herrings landed
or exported, and to certify whether the fish are properly pined, cured, and
fieked, so as to be entitled to the bounty of two shillings per- barrel hereby
gHDted, or fit to be exported; provided always, that no person shall be
t[i|K)inted an officer for the performance of any of those duties urdess such
person shall have exercised the trade of a cooper, and been employed in the
coring and packing of herrings, and shall be skilful therein, and fully qualified
to execute the duties which will be required of him under the provisions of
this Act, certificates of which qualifications shall be transmitted to the lords
commissioners of his Majesty's Treasury by such persons and in such maimer
as shall be satisfactory to the said lords commissioners ; and every such officer
so to be. appointed shall obey such instructions, orders, or directions as he shall
from time to time receive from the said commissioners for the herring fishery
to be appointed by virtue of this Act, signified under their hands or under the
hand of their secretary.
XL And be it further enacted, that the secretary and every clerk or officer
of the fishery to be appointed by virtue of this Act shall be liable to be
suspended or dismissed from his office or employment respectively by the
said commissioners for the herring fishery, either for incompetency or for
Delect of duty ; provided always, that eveiy such officer of tiie fishery, and
the secretary, and every officer and clerk under the commissioners for the
herring fishery appointed by virtue of this Act, shall, previous to his entering
Tipon the duties of his office, take and subscribe the following oath :
* T A.B. do swear, that I will faithfully and honestly according to the best
* of my skill and judgement execute the office and trust committed to me
' of [the name of the office to be here mentioned] and that I am not
* directly or indirectly concerned as an adventurer in the white herring
' fishery or in any other fishery, or as a curer of fish, nor will I, so long aa I
' shall continue to act as [the name of the office to be here mentioned] be
SaperinteDdant
to be swom.
Oath.
Treasury to
appoint officers
of the fishery.
Qualification of
persons to be
so appointed.
Officers to obey
the orders of
the commis-
sioners for the
herring fishery.
Secretary, &c.
and officers
may be sus-
pended, &c.
by commis-
sioners.
Officers and
secretary, &c.
to take the fol-
lowing oath.
I
r. 460 48aBOBaE III. c. 110. A.D. 1808.
, . ■ ' concerned, either directly or indirectly, as an adventurer in the said fisbeiy
r ' or as a ciirer of fish. So help me GOD.'
I Which oath any one of the said commissioners for the hernng fisbeiy ma/
^: administer to such officer.
^ ^d^It h* ^^^' ^^^ ^^ '* further enacted, that from and after the first day of Jiue
; « mesh of leu one thousand eight hundred and nine, no person shall use in any river or lock
' ^m knoi'w' '^^ *' ^^ '" ^"^ '^^ *^® coast of Great Britain, any herring net, or any traul net,
j knot, &c. drag net or other sea net, for the taking of herrings, which hath a mesh of
', less than one inch from knot to knot, or any false or double bottom cod n
,; pouch, or shall, put any net, though of legal size, behind the others to destroj
^ ' . . the small fish ; and that every person offending herein shall forfeit every such
t, net as aforesaid, and the sum of forty pounds for eveiy such offence ; and it
:. , shall be lawful for the commissioners for the herring fishery, to be appointed
I' pursuant to this Act, to cause every such net to be hurnt.
f •*••«!•«*•
L Henings taken XVII, AxD be it further enacted, that the herrings taken, coi'ed and pfccked on
r . ever; day W each day by the crew of such buss or vessel, eball he dietinguished from all other
i "w crews of herringa by a mark or marks, character or characters, to be set on the barrel or btrrda
^" ^i^n^hrf '° ^''''''* w*^ same shall be packed, of such description and in such manner aa sball be
^■nui^ on prescribed by any regulation to be made by the commissioners for the fishery by virtoe
, tbe barrels in of this Act, and shall denote on what day sncb berriugs wer-e so taken, cured, and
t which they are packed, and nhetber the same were cured and packed gutted, or were cured ami
^ , aii«d. packed ungutted, and herrings gutted al^r the day when the same were taken ahsU
^ be packed separately from other gutted herrings and shall be distinguished by a marie
I or character to be set as aforesaid, which marks or characters sbail not be at any time
i ■ pfiaced or altered. jRep., 31 & 32 Vict. c. 45.^8. 71.i
t Powen and - XVIII. AsD be it further enacted, that it shall be lawful for the superinten-
t suDCTin^rfant ^^^^ "^ ^^^ fishery, or any person or persons acting by his orders, at all titnea
" of the fisliery. whenever be shall think fit, either at sea during the continuance of the
'. fishery, or after the return from the fishery,- to go on board any of the vessels
employed in the fishery under his superintendence, to inspect the licence and
t- certificate of registry of such vessel, and the journal kept by the master
' ' pursuant to the directions of this Act E*I (all which the master of every such
•' buss or vessel, on being thereunto required, shall forthwith produce and
deliver to the said superintendant for his inspection aud examination, and the
said superintendant is hereby empowered to detain any such buss or vessel
., till all or any of the said documents demanded by him shall be so produced
:. or delivered to him), and to ascertain whether the number of men hereby
1, required to be on board the said buss or vessel be actually employed therein
during the fishing and until they be discharged according to the directions
of this Act, and to inspect the manner in which the herrings are taken, cui«d,
and packed, and whether the master and other persons on hoard the same
are in all respects carrying on and prosecuting the said fishery in the mannei
hereby required ; and if any person or persons shall impede or obstruct a
i attempt to impede or obstruct any other person or persons in the lawH
prosecution of the said fishery, the said superintendant shall require soeh
person or persons ao impeding or obstructing or attempting to impede or
obstruct any other person or persons, to desist from so doing ; and if such
person or persons so required to desist shall disregard such requisitioD, it
{■ Sect. 21, which requires the master of every btuss to beep a journal, is rep.,
31 & 32 Vict. c. 4S. a. 71,1
A.D. 1808.
48 George III. c. 110.
461
Herrings may
be transhipped
out of a buM
at the deep
sea fishery
into another
vessel not
licensed for
thefi^ry,
and carried
into port.
shall be lawful for the said superintendant to employ such force as shall be
necessary to compel him or them to preserve order ; and if it shall appear to
the said saperintendant that the number of men hereby required to be on
board each buss or vessel were not on board thereof at any time when they
ought to have been according to the regulations of this Act, or that the
master or any part of the crew are or were not in all respects carrying on and
prosecuting the fishery in the manner hereby required, or had impeded or
obstructed or attempted to impede or obstruct any other person or persons
in ilie lawful prosecution of the said fishery, the said superintendant shall
report the same fully and particularly to the commissioners for the herring
Mery to be appointed by virtue of this Act, and shall deliver one copy of
SQch report under his hand to the master of such buss or vessel, and shall
iiansmit another copy to the said conunissioners by the first opportunity;
and if any person or persona shall resist or obstruct such superintendant or
any person or persoiis acting under him in the execution of any of the powers
to him or them given by this Act, every person so offending shall forfeit and
pay the sum of one hundred pounds : F^vided always, that it shall be lawful
for tbe master of any buss or vessel, licensed and cleared out for the said deep
sea fishery, at any time during the continuance of the fishing as limited by
this Act, to tranship into any other vessel, not being licensed for the said
fishery pursuant to the directions of this Act, any quantity of herrings which
fihall have been taken by the crew of such * buss or vessel, and by them cured
snd packed in barrels on board the same ; and the said henings so transhipped
sbtll be conveyed to and landed at the port in Great Britain where such buss
or vessel shall be intended to be cleared inwards, and shall be deemed and
tikm to be part of the cargo of such buss or vessel ; provided that the master
of the vessel in which such herrings shall be carried into port shall bring
with the said herrings a copy of the licence of the buss or vessel out of which
the said herrii^ were received, with a declaration under the hand of the
master thereof (indorsed on such copy) setting forth the number of barrels of
herrings so transhipped out of such buss or vessel into such other vessel as
aforesaid, that the same were taken and ciured as aforesaid, specifying the
date of the taking, ciuing, and packing of the herrings cont^ed in each
barrel, and whether the same were cu^ed and packed gutted, or were cured
and packed imgutted, and distinguishing each barrel by the marks or cha-
racters (to be specified in such declaration) which shall be set on the barrels
in which the said herrings shall be packed respectively, as bIbo the name of the
vessel on board of which the same shall be transhipped, the name of the
master thereof, and the name of the port for which the same were so put on
board ; which declaration shall be produced to the officer of the fishery at such
port before any of the said herrings shall be unshipped or laid on land ; and
the master of such vessel shall make oath at the foot of the said declaration
before the said officer that the herrings on board the said vessel are the very
same which were transhipped out of such buss or vessel as mentioned in the
said declaration ; and such officer shall attend the landing thereof, and take
account of the herrings landed out of the said vessel, together with tbe marks
ou the barrels containing the same.
• ••••••••
XXY. Ain> be it further enacted, that the officer of the fishery at each port shall Oftoers of the
transmit without delay to the conunissioners for the herring fluhery to bo appointed by *^>«y totrwi*.
472 48 George III. c. 110, 113. A-D. 1808.
maliciously, such person shall be nonsuited, and pay treble coste to the defendant
JRep., 5&6 Vict c. 97. s. 2.1.
LX. And whereas it may be useful to provide a jurisdiction for preserving
order and settling disputes among persons carrying on the fishery for herrings
Bh^^&^. ^^ pn the coast and in the lakes of Scotland : Be it therefore enacted, that the
in Sfjotland ex- jurisdiction of the sherifis and Stewarts depute of Scotland and their sab-
^^^^r* stitutes shall be extended over all persons engaged in catching, curing, and
jacent to their dealing in fish in all the lochs, bays, and arms of the sea within their respec-
tive counties and stewartries, and also within ten miles of the coasts of <idr
said counties and stewartries, and that in as full and ample a manner as the
same is exercised over the inhabitants of these counties and stewartries ; and
if any loch, bay, or arm of the sea shall adjoin to two or more counties or
stewartries, or any other part of the sea shall be within ten miles of the
coasts of two or more counties or stewartries, the sheriffs and stewarts of the
said counties and stewartries shall have and exercise a concurrent jurisdiction
over such persons as aforesaid in any such loch, bay, or arm of the sea which
shall be in or opposite to their respective counties and stewartries, or any part
of the sea within the aforesaid distance of the coast thereof.
counties.
CHAPTER CXIII.
An Act to empower Grand Juries in Ireland (or Persons appointed by them)
to sell or exchange Ground that has been occupied by old Court Houses,
Gaols, or County Infirmaries, and the Materials thereon.
[30th June 1808.]
y\T HEREAS new court houses, gaols, and county infirmaries have been
* ^ built or may hereafter be built in many counties in Ireland, and it is
necessary to enable grand juries to dispose of the ground on which such old
court houses, gaols, and county infirmaries stand, and of any buildings or
materials thereon, and to grant a suffijeient title thereto : May it therefore
please your Majesty that it may be enacted, and be it enacted by the King's
most excellent Majesty, by and with the advice and consent of the lords
spiritual and temporal, and commons, in this present Parliament assembled,
ferand juries in and by the authority of the same, that in all cases where the grand jury of
appohit!^- ^^y county or county of a city or county of a town shall have procured
missionere to ground to build or erect a new court house, gaol, or county infirmary, and
change pre- *^*^ ^^^ same is completed ^nd in use, and that such grand jury shall conceive
msesthat have Jt expedient to sell, exchange, or otherwise dispose of the land occupied by or
court houses, in any way appertaining to such old court house, gaol, or county infirmary, or
gaols, &c. Q^y building thereon, in any county or county of a city or county of a town
in Ireland, it shall and may be lawful for the grand jury at any assizes for
any such county or any county of a city or county of a town in which sud
old court house, gaol, or county infirmary is situated, to appoint and nominate
any number of persons not less than five as commissioners to seU, exchange,
or otherwise dispose of any such ground, or of any building or materials
thereon ; and such commissioners or any three of them so appointed shall have
full power to sell by auction, to exchange, or otherwise dispose of any such
ground, or any building thereon, or to dispose of separately or together of any
AJ). US08.
48 George III. a 113, 127.
473
timber, slates, stones, bricks, or other materials thereon, and to make contracts
and agreements for and concerning the same, to sign leases or deeds conveyiDg
the same, and to do all matters and things requisite for carrying such agree*
ments into due execution for and on behalf of such county, county of a city,
or county of a town, such agreement nevertheless and the leases and deeds
conveying the same to be laid before the grand jury at the following assizes,
and, if approved of by such grand jury, the foreman is to affix his name thereto ;
and the money arising from such sale of such ground or materials shall be paid
to the treasurer of such county, county of a city, or county of a tovni, and
by him placed to the credit of the county at large,- and may be disposed of
by the grand jury for or in aid of any new court house, gaol, or county infir-
maiy, or in such other manner as by law they shall be entitled, for the general
advantage of such county or county of a city or county of a town at large.
IL And whereas in many cases there is much difficulty in making out a
title to grounds that have been so occupied by such old court houses, gaols, and
eoiinty infirmaries, although there has not appeared any claimant thereto for
many years : Be it therefore enacted by the authority aforesaid, that all such Peaceable pot-
groand or any buildings thereon that has been occupied as aforesaid for sixty •p***^'* ^'^^
years and upwards in a peaceable and quiet manner and without any claimant deemed a good
on record in any court of law, such peaceable and quiet possession for sixty ^^^^'
years shall be considered as a good and valid title ; and such commissioners so
appointed as aforesaid or any three of them shall have, full power and authority
io convey the interest, fee, and inheritance thereof in as large and as ample a
manner as the same was held and enjoyed by the county ; and such conveyance
by deed, lease, or other instrument signed by such commissioners, or any three
of them, and approved of by the grand jury as aforesaid, shall be deemed,
taken, and considered as a good, sufficient, and valid title in law, said grand
jury nevertheless being first satisfied as to the due payment of the purchase
money to the treasurer as aforesaid, or as to any other valuable consideration
that may have been agreed for thereto ; and it shall and may be lawful for PreMcotment
such grand jury to grant a presentment for all reasonable expences attending oTiale^cT
the disposal and conveyance of such ground and materials.
CHAPTER CXXVIL
An Act to render valid certain Marriages solemnized in certain Churches and
Fublick Chills in which Banns had not usually been published before
or at the Time of passing an Act made in the Twenty-sixth Year of the
Reign of his late Majesty King George the Second, intituled ** An Act
" for the better preventing of clandestine Marriages.'* [30th June 1808.]
'IIT'HEREAS since the making of an Act jiassed in the twenty-sixth year
^ * of the reign of his late Majesty King George the Second, intituled " An K«ciul«r
" Act for the better preventing of clandestine marriages,*' and of two Actii, 26G€o.2.c.33
one passed in the twenty-first year of the reign of his present Majesty, intituled
" An Act to render valid certain marriages solemnized in certain churehes tiCMW,9.e,iZ
" and publick chapels in which Ijanns had not usually been published Ijefore or
'' at the time of passing an Act made in the twenty- sixth year of KingGe^^rge
** the Second, intituletl ' An Act for the lietter preventing of clamlentine mar-
** *■ riages/ *" and the other passed in the forty-fourth year of the reign of
474 48 George III. c. 127. A.D. 1808.
44 Geo. 3. c. 77. his present Majesty, intituled "An Act to render valid certain marriages
" solemnized in certain churches and publick chapels in which banns had not
** usually been published before or at the time of passing an Act made in iJie
" twenty-sixth year of the reign of his late Majesty King George the Second,
" intituled * An Act for the better preventing of clandestine marriages * " : And
whereas divers marriages have been solemnized since the passing of the said
last-mentioned Act within that part of Great Britain called England, Wales,
and town of Berwick-upon-Tweed, in divers churches and chapels duly con-
secrated, but by reason that in such churches and chapels banns of matrimony
had not usually been published before or at the time of passing the said first-
'mentioned Act, such marriages have been or may be deemed to be void : May
it therefore please your Majesty that it may be enacted, and be it enacted by
the King's most excellent Majesty, by and with the advice and consent of the
lords spiritual and temporal, and commons, in this present Parliament assem-
^ferriages bled, and by the authority of the same, that all marriages already solemnized
before Aug. or to be solemnized before the twenty-third day of August one thousand eight
23, 1808, m hundred and eight in any church or publick chapel in that part of Great
any church or ^ *[ r r r
chapel duly Britain called England, Wales, and the town of Berwick-upon-Tweed, duly
^^nS^aiid consecrated, shall be as good aiid valid in law as if such marriages had been
as if solemnized solemnized in parish churches or publick chapels having chapelries annexed,
S^ch^ ^^^ wherein banns had usually been published before or at the time of passing
the said last-mentioned Act.
Ministers who H. And be it further enacted by the authority aforesaid, that all parsons,
solemnized vicars, ministers, and curates, who before the said twenty-third day of August
such marriages one thousand eight hundred and eight shall have solemnized any of the mar-
riages which are hereby enacted to be valid in law, shall be and they are
hereby indemnified against the penalties inflicted by the said recited Act made
in the twenty-sixth year of the reign of his said late Majesty King George
the Second upon persons who shall solemnize marriages in any other place
than a church or publick chapel in which banns had been usually published
before or at the time of passing the said last-mentioned Act
Begisters of HI. And be it further enacted by the authority aforesaid, that the registers
to be rSved^ of marriages solemnized or to be solemnized in the said churches or chapek,
in cTidence. which are hereby enacted to be valid in law, or copies thereof shall be received
in all courts of law and equity in evidence in the same manner as the registers
of such marriages solemnized in parish churches or publick chapels, in which
baiuis were usually published before or at the time of passing the said recited
Act of the twenty-sixth year of the reign of his said late Majesty King
George the Second, or copies thereof are received in evidence : Provided
nevertheless, that in all such courts the same objections shall be available to
the receiving such registers or copies in evidence as would have been available
to the receiving the same in evidence if such registers or copies had related to
marriages mentioned in such last-mentioned parish churches or publick chapels
as aforesaid.
Begisters of IV. And be it further enacted by the authority aforesaid, that the registers
soier^^d in ot all marriages solemnized in any publick chapels which are hereby enacted
publick chapels ^ ]^q valid in law shall, within thirty days next after the said twenty-third
moved to day of August one thousand eight hundred and eight, be removed to the parish
the parish church of the parish in which such chapel shall be situated ; and in case such
churches, &c. * ^
A.D. 180a
48 George IIL c 127, 128.
475
dispel shall be sitnated in an extra-parochial place, then to the parish church
naxt adjoining to such extra-parochial place ; to be kept with the marriage
registers of such parish, and in like manner as parish registers are directed to
be kept by the said recited Act made in the twenty-sixth year of the reign
of his said late Majesty King George the Second ; and within twelve months
after the removal of such registers to such parish churches respectively two
copies thereof respectively shall be transmitted by the respective church-
wardens of such parishes to the bishop of the diocese or his chancellor,
sabscribed by the hands of the minister and churchwardens of such parishes
respectively, to the end that the. same may be faithfully preserved in the
r^stry of the said bishop.
CHAPTER CXXVIIL
An Act to repeal so much of an Act passed in the Forty-fifth Year of his
present Majesty for regulating the Office of Paymaster General as requires
certain Ac<x)unts to be examined and settled within certain Periods by
the Secretary at Wai', and enabling his Majesty to make Orders for
examining and settling such Accounts. [30th June 1808.]
WHEREAS an Act passed in the forty-fifth year of the reign of his present
Majesty, intituled '^ An Act to repeal an Act made in the twenty-third year of
** his present Majesty for the hetter regulation of the office of paymaster general of
^ his Majesty's forces, and the more r^ular payment of the army, and for the more
** efiectaally regulating the said office"; and certain proTislons are contained in the said
Aet as to periods within which certain accounts of agents of regiments in his Majesty's
forces transmitted to the secretary at war are to be examined and settled : And whereas
ii has heen found that the said provisions cannot be strictly complied with : And
whereas the commissioners appointed to enquire and examine into the public expendi-
ture and the conduct of pubHc business in certain military departments are proceeding
in an inquiry in relation to the War Office and the accounts thereof, and as to regi-
mental accounts and expenditures ; and it is therefore expedient that the said provisions
of the said recited Act should be repealed, and that his Majesty should be empowered
to order and direct all such accounts to be kept and made up and transmitted and
examined and settled by such person or persons in such manner, at such times, and at
such periods as shall be deemed expedient, so that any of the regulations which may
be suggested by such commissioners, or which it may be otherwise thought proper to
adopt, may be carried into execution with the least possible delay for the public ser-
vice : Be it therefore enacted, by the King's most excellent Majesty, by and with the
advice and consent of the lords spiritual and temporal, and conunons, in this present
Parliament assembled, and by the authority of the same, that so much of the said recited
Act as requires the annual accounts of every regiment, troop, and company to be
examined and settled by the secretary at war, or by such other person or persons as
shall be duly authorized by his Majesty for that purpose, within three months after the
receipt thereof, and further requires certificates of the several charges allowed in the
Bald accounts to be transmitted to the office of the paymaster general of his Majesty's
forces, with warrants signed by the King, shall be and the same is hereby repealed,
ptep., Stat. Law Rev. Act, 1872 (No. 2).J
11 And be it farther enacted, that it shall be lawful for his Majesty by
any warrant or warrants under his royal sign manual to make and issue such
orders and declare and establish such rules and regulations for the more speedy
and effectual examination and settlement of the accounts of regiment^ ex-
penditures, or of such other expenditures for army services as usually have
been or shall be hereafter examined in the office of the secretary at war, as
shall appear to be most expedient, and to facilitate the final examination and
settlement of such accounts.
Becital of
45 Geo. 8. c. 58.
So much of
recited Act as
requires the an-
nual accounts
of every regi-
ment to be
settled by the
secretary at
war, and re-
quires certifi-
cates of the
charges al-
lowed to be
traosmitfed to
the paymaster
of the forces,
repealed.
His Majesty
may make re-
gulations for
the speedy
settlement of
accounts of
regimentsl ex-
penditures, &c.
476
48 George III. c. 128, 138.
A.D. 1808.
fialaoces due
from agents,
&c. not paid
withia a month
after demand,
ta be deemed
a debt to bis
Msgest}' upon
record.
III. Provided always, and be it further enacted, that nothing herein con-
tained shall extend or be construed to extend to exonerate any agent or other
public accountant from the payment of any balance that may be declared to
be due from him, upon the examination and settlement of his accounts under
any orders or rules and regulations which may be made, issued, declared, and
established by his Majesty as aforesaid ; but that the balance so declared and
not paid within one month after the same shall have been demanded shall be
deemed and considered to be a debt to his Majesty upon record, and be re-
coverable as such by his Majesty, his heirs and successors, with full costs of
suit and other charges attending the same, by the like process as by the laws
of that part of the United Kingdom wherein such agent or accountant shall
reside any debt to his Majesty arising within the same may be recovered
Scotch Act,
1707.
Stipends aug-
mented or mo-
dified before
the passing of
this At;t, not
to be again
modified for 15
years.
Stipends aug-
mented, &c.
after the pase-
ing of this Act,
not to be again
modified for 20
years.
CHAPTER CXXXVIII.
An Act for defining and regulating the Powers of the Commission of Teinds,
in augmenting and modifying the Stipends of the Clergy of Scotland.
[30th June 1808.]
\\T HEREAS by an Act of the Parliament of Scotland in the year one
^ ' thousand seven hundred and seven, intituled ** Act anent plantation of
" kirks and valuation of teinds," her Majesty Queen Anne and the estates of
Parliament empowered, authorized, and appointed the lords of council and
session to judge, cognosce, and determine in all affairs and causes which by
the laws and Acts of the Parliament of Scotland had been referred and did
pertain and belong to the jurisdiction and cognizance of commissioners formerly
appointed for that effect, as fully and freely in all respects as the said lords
did or might do in other civil causes ; and certain powers therein mentioned
were particularly granted by the said Act ; and it was thereby declared that
the said Act and commission should be subject nevertheless to such regulations
and alterations as should be made by the Parliament of Great Britain : And
whereas it is expedient that the powers of the said lords of council and session
as commissioners aforesaid should in some respects be defined and regulated :
May it therefore please your Majesty that it may be enacted, and be it enacted
by the King'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 from and after the passing
of this Act it shall not be competent to the said lords of council and session as
commissioners aforesaid, except as after specified, to augment or modify any
stipend which shall have been augmented or modified prior to the passing of
this Act, until the expiration of fifteen years from and after the date of the
last final decreet of modification of such stipend.
II. And be it enacted, that no stipend which shall be augmented or modified
by a decree after the passing of this Act shall be again augmented or modified
until the expiration of twenty years from and after the date of such decree or
modification thereof; nor shall any such stipend be augmented or modified at
any future period until the expiration of twenty years from and after the date
of the last decree of modification thereof respectively.
A.D. 1808.
48 George III. c. 138.
477
YII. Provided further, and be it enacted, that in all cases whatsoever
where an augmentation or modification of stipend shall have been or shall be
apphed for, and which shall be judged of, or a decision pronounced therein,
af^ the passing of this Act, by the said lords of council and session as com-
missioneTS aforesaid, it shall and may be competent to them to refuse to
augment or modify any stipend in any such case, either on account of there
being no legal fund of augmentation or on account of the circiunstances of the
case ; and it shall and may be competent for any party or parties to propone
all relevant objections in every case whatsoever where an augmentation or
modification shall be applied for, and which objections shall be determined by
the said lords of council and session as commissioners aforesaid as heretofore.
yilL And be it ftirther enacted, that every stipend which shall be augmented
after the passing of this Act shall be wholly modified in grain or victual, even
although part of the whole thereof shall have been previously modified in
money, or although part of the whole of the teinds shall be money teind, unless
where it shall appear necessary, on account of the state of the teinds, or on
account of the interest of the benefice, or on account of the nature of the
articles other than grain or victual which have been in use to be delivered in
kind as stipend, that a part of the said stipend should be modified not in grain
or victual but in money, or should be modified in such other articles as have
been in use to be delivered in kind as stipend.
EK. And be it further enacted, that in the case of every decree of modifica-
tion which shall be pronounced after the passing of this Act as aforesaid, it
shall and may be competent to the said lords of council and session as com-
missioners aforesaid, and they are hereby authorized and required, ta convert
the said money stipend or money teind into grain or victual, save and except
as aforesaid ; and to make such conversion into grain or victual according to
(he fiar prices of the kind or description of grain or victual into which the
same shall be converted, as appearing &om the fiars of the county or steyrartry
stack' for each year in virtue of authority from the sheriff or stewart in which
the parish shall be situated, upon an average of such fiar prices for seven
years preceding the date of the decreet of modification, and exclusive of that
year in which such decreet of modification shall bear date.
X. Provided always, and be it enacted, that where such parish shall not
he altogether situated in the same county or stewartry, or where no fiars
applicable to the kind or description of grain modified shall be struck in the
comity or stewartry wherein such parish is situated, it shall be competent for
the said lords of council and session as commissioners aforesaid, to convert
the said money into grain or victual according to the average of the aforesaid
seven years of the fiar prices of two or more of the adjoining counties, or of
snch stewartry, county or counties as they shall deem most suitable in the
circomstances of the case.
XL And be it further enacted, that it shall not be competent for the lords
of coundl and session as commissionerB aforesaid, where a stipend shall after
the passing of this Act be modified in grain or victual, in whole or in part, to
authorize the minister to receive the same or any part thereof in kind, but
that it shall only be competent for them to decree the value thereof to be paid
or for him to receive the same in money, according to the fiar prices of the
kind or description of grain or victual into which the same shall have been
CommisfiioDen
of teindfl may
refase to aug-
ment or mddify
stipends.
Stipends which
sh^l be aug-
mented shall be
wholly modified
in grain or
victual, unless
where it shall
appear neces-
saiy.
Money stipenda
to be converted
into grain or
rictoal, except
as aforesaid,
according to
the fiar prices
of the county
on average ot
seven yearn
Where the
parish shall
not bealto-
g ether sitoatcd
1 one eoonty,
&C. the fiar
prices may be
taken from two
or more a4Joiii-
iDgcomittes,
MiiiisteiBiioCto
receive stipend
in kind, bat to
receive tt in
money accord-
ing to the fiar
prices of the
grain, &c. into
which the same
shall have been
modified.
478
48 Georoe III. c. 138.
A.D. 1808.
Where the
parishtshall not
be altogether
situated in one
county, &c.
two. or more
commissioners
may fix upon
adjoining
counties for
taking the fiar
prices.
Conversion to
be made ac-
cording to the
highest fiar
prices.
Right of surren-
dering teinds
not to be taken
away.
modified, as appearing from the aimual fiiars of the county or stewartry in
which the parish, the stipend of which shall have been so modified, shall be
situated, struck in virtue of authority from the sheriff or stewart, for that crop
or year for which such stipend modified in grain or victual shall be payabla
XII. Provided always, and be it enacted, that where any such parish shall
not be altogether situated in one and the same county or stewartry, or where
no annual fiars applicable to the kind or description of grain or victual modi-
fied, shall be struck in the county or stewartry wherein such parish is situated,
it shall be competent for the said lords of council and session as commissioners
aforesaid to fix upon and specify two or more of the adjoining counties, or
such stewartry, county, or counties as they shall deem most suitable in the
circumstances of the case, according to the aimual fiar prices of which
stewartry, county, or counties they shall decree the value thereof to be paid in
money.
XIII. Provided always, and be it enacted, that where there shall have been
or shall be different rates of annual fiar prices for any county or stewartry,
district or place struck in virtue of authority from the sheriff or stewart^ the
said convei'sion from money into grain or victual, and from grain or victual
into money, in all of the cases aforesaid^ shall be made according to the highest
aimual fiar prices struck in virtue of authority from the sheriff or stewart for
the said coxmty, stewartry, district or place.
XIV. Provided always, and be it enacted, that the right of any heritor to
surrender his valued teind in place of subjecting his lands to the amount of
the stipend localled upon them shall not be taken away by what is herein
enacted.
Regulations
maybe made
for abridging
the forms and
ezpence of
citation, and
for expecting
the business,
&c.
In cases of
augmentation
moderator and
derk of the
presbytery
to be cited,
and fiimished
with statement
of present sti-
pend, and the
addition in-
tended to be
craved, &c.
Presbytery
may appear
as parties to
the process.
XVI. And be it enacted, that it shall be lawful for the said lords of council
and session as commissioners aforesaid, and they are hereby empowered and
required, to establish rules and regulations for abridging the forms and expence
of citation of heritors and others, and for ascertaining the facts and circnm-
, stances of the case, and to establish regulations for executing the busine^
committed to them by the said in part recited Act of the Parliament of
Scotland, and by the present Act, with as much expedition and as Uttie
expence as possible.
XYIL And in order to guard against collusion, and also in order that no
processes of augmentation or for modification of stipends shall be raised on
the ground of alledged collusion, be it further enacted, that every minister
insisting in the process of augmentation shall after the passing of this Act,
besides citing the heritors, also cite the moderator and .clerk of the presbytery
of the bounds, and famish them with a statement of the amount of hift
present stipend, and the addition to the stipend which he means to crave^ iB
order that the presbytery, if they shall judge it proper, may appear as partieB
to the process ; and in the event of the presbytery entering no appearance,
the minister shall forthwith transmit to the moderator or derk of the pres-
bytery a certified copy of the interlocutory pronounced by the court ; and it
shall be competent to the presbytery, within five months after such inter-
locutor is pronounced, to enter an appearance, and to shew, if they shall see
cause, that the decree of modification pronounced is collusive and prejudicial
to the benefice : Provided, that if the presbytery shall enter an appearance
A.D. 1808.
48 Georgc hi. c. 138, 140.
479
in such process, it shall be competent to the court t6 subject the minister
insisting in such process in the whole or any part of the expences of process
incurred by the presbytery.
CHAPTER CXL.
An Act for the more effectual Administration of the Office of a Justice of the
Peace, and for the more effectual Prevention of Felonies within the
District of Dublin Metropolis. [30th June 1808.]
WUEREAS an Act was made in the Parliament of Ireland in the thirty-fifth year
of his present Ms^esty^s reign, intituled '^ An Act for more effectually preserving
" the peace within the city of Dublin and the district of the metropolis, and esta-
^ blishing a parochial watch in the said city ": And whereas another Act was made
in the Parliament of Ireland in the thirty-sixth year of his present Majesty's reign,
^ for explaining and amending the said recited Act of the thirty-fifth year, and for
*< remedying the abuses committed by pawnbrokers within the district of the said
*^ metropolis or three miles thereof: And whereas another Act was made in the
Fuliament of Ireland in the thirty-ninth year of his present Majesty's reign to amend
the said recited Acts of the thirty-fifth and thirty-sixth years of his present Majesty's
reign : And whereas another Act of Parliament was made in Ireland in the fortieth
year of his present Majesty's reign, intituled ''An Act for amending and making
^ perpetual the several laws for regulating the watch in the district of the metropolis,
^ ani for granting a further duty upon pawnbrokers ": And the said Acts have been
fomid insufficient for effectuating the said purposes : Be it therefore enacted by the
King'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
lathority of the same, that the said Acts of the thirty- fifth and thirty-sixth years of
\as present Majesty's reign, and every matter and thing therein contained, and also so
much of the said Acts of the thirty-ninth and fortieth years of his present Majesty's
reign as relates to the watch establishment, shall be, and the same are hereby repealed ;
(save and except so much of the said Acts or any of them respectively as repeals any
former Act or Acts, or any clause, power, or authority, or provision given or enacted
by any former Act or Acts, and save and except so much of the said Acts or any of
them as provide for the payment of any salary or salaries to any person or persons
in respect of having held any office or offices whatsoever abolished by the said Acts or
eiUier of them, and also save as herein-after mentioned^) f Bep^ Stat. Law Rev. Act,
1872 (No. 2).J
n. Aim be it further enacted, that his Majesty's castle of Dublin, and all places
within eight miles thereof in every direction, as to all matters and things not within
the jurisdiction of the court of Admiralty of Ireland, shall be nnited in one district,
ud be called ** The Police District of Dublin Metropolis." {Rep., Stat. Law Bev. Act,
1872 (No. 2).J
^ m. Ahd be it further oiacted, that the said police district shall be divi^lerl into six
divisions ; and that it shall and may be lawful to and for the lord lientenaot or othffr
chief governor or governors of Ireland for the time being, by warrant under band and
Beal, from time to time to direct, declare, and point out the limits of the said divisirms
^respectively, and to change the same from time to time at hu or their will and pleaMure,
ud to cause six several public offices to be established, one thereof in each of the mid
^Tisiotts, and to cause the same to be changed from time to tinw^ as he or they shall
think proper. {R^i., Stat. Law Bev. Act, 1872 (^o. 2)\
ly. Abb be it enacted, that there shall be appointed in manner iMrein^after
inentioned eigbteen fit and proper persons to be divufional justices within the said
district, six whereof to be himstMrs of not lei^s than six years standing each ; anrl thai
twdve of the said divisional yt^icfA shall be appf/inttd by the lord lieutenant or otiMfr
^ef governor or goyemon of Ireland for the time bein^ ; to wit, six hzrrtMUfr% of
8Qch Standing as afore=aid, and thr«« Menofm «d the. city ^/f Dublin, aryi thr^f^ \t^'^fTm
wing sherifis peers or mfea*b*:r« of the common cfrnxicjl ^/f the ^u\ cUy, w\urtn he t/r
they shall think proper; and it shall ^jc lawful for the lord lientenaot or ox)uir chief
Reeitalof
Irifih Acts,
35 Geo, 8.0.36.
36 Geo. 3.0.30.
39 Geo. a. 0.66*
40 Geo. 3. 0.63.
BccitedActA
of 35 md 36
Qeo. 3, sod
no much of
39 sad 40
Geo. 3. IS
relates to the
watch entaUiiib-
iii«Dt,n:pes]ed«
Formatiooaad
\vnnU of Doblsa
poliee dtfltrict.
Poliee diftriet
to be divided
into mx dm-
moiM with
piiblJc
€4 iiir'mifjnal
and fectrver.
t> -•
It. I
480 48 George III. c. 140. A-D. 1808.
governor or governors of Ireland for the time being, to appoint a recPiver, not being
an alderman of the city of Dublin, who shall be called " the receiver of the public
" offices in the police district of Dublin metropolis," which receiver shall be incapable
of being appointed or elected a divisional justice under this Act, and shall be removable
from time to time by the lord lieutenant or other chief governor or governors of Ire-
land for the time being at his and their good will and pleasure. |Rep., Stat. Law
Kev. Act, 1872 (No. 2). J
Election of six V. And be it further enacted, that the other six divisional justices shall be elected
of Aediviuional to the said offices, subject to the approbation of the said lord lieutenant or other chief
JUS ices. governor or governors of Ireland for the time being, and the privy council, in manner
herein-after mentioned ; and that the persons . so to be elected shfdl be three aldermen
of the city of Dublin and three sheriffs peers. TRep., Stat. Law Eev. Act, 1872
(No. 2).I
Lord Ueutenant XI. And be it enacted, that it shall and may be lawful to and for the lord lieutenant
of rhe*^usticeg ^^ other chief governor or governors of Ireland for the time being, by warrant under
chief mams- hand and seal, to nominate any one of the said divisional justices, being an alderman,
tiate of the whom he shall think proper, to be the chief magistrate of the police of Dublin, and in
police. like manner to change the same at his and their good will and pleasure, and such chief
Office of the magistrate shall for the time being be one of the divisional justices of the division in
castle division which his Majesty's castle of Dublin shall be situate ; and that the office of the said
to be the head division shall be caUed ** The Head Office of the Police." IRep., Stat Law Rev. Act,
^®^- 1872 (No. 2).l
* * • «.* * * • •
Divisional XIV. And be it enacted, that the said divisional justices aaid receiver and
incapable of ^ other persons holding any office in or under the said police estabUshment
sitting in the shall be incapable of being chosen members of or sitting in the House of Com-
mons^Md su^ nions in any Parliament during such time as they shall hold the said offices
of them as may respectively ; and that no barrister who shall be appointed or elected a divisional
incapable of justice under this Act shall, while he shall hold the said office, practise as a
practising. barrister in any court whatever, or do any business as a barrister out of court,
in drawdng deeds or pleadings in law or equity or any draft or di*afts thereof
respectively, or in giving any opinion or opinions, or otherwise ; and if any
such barrister shall offend herein, he shall for every such offence forfeit the
sum of five hundred pounds sterling.
No barrister or XV. And be it fiuiiher enacted, that no barrister or other officer or person
o^er officer nominated or appointed by or under this Act (except the said divisional
acting under , , _ *^^ •' , \ r
this Act (with justices who shall be aldermen, sheriffs peers, or common councilmen), shall,
tkms^to^^^te ^™^ ^^® ^™^® ^® shaHl continue in his office or within six months after he
or interfere in shall -have quitted the same, be capable of giving his vote for the election of a
inembere oV^ member to serve in Parliament for the county of Dublin or the city of Dublin
Parliament for respectively, nor shall by word, message, writing, or in any other manner
dty^of^DubUn. ©ndeavour to persuade any elector to give or dissuade any elector from giving
his vote for his choice of any person to be a member to serve in Parliament
for the said county and city of Dublin respectively ; and every such officer or
person as aforesaid offending therein shall forfeit the sum of one himdred
pounds, one moiety thereof to the informer, and the other moiety to be paid to
the said receiver of the said public offices to be applied to the uses of the
said establishment, to be recovered by any person that shall sue for the same
by action of debt, bill, plaint, or information in any of his Majesty's courts of
record at Dublin, in which no essoign, protection, privilege, wager of law, nor
more than one imparlance shall be allowed ; such action to be brought within
the space of one year after such offence so committed : Provided always, that
ID. 1808.
48 George III. c. 140.
481
nothing in this Act shall extend or be construed to extend to subject such
officer or person as aforesaid to any penalty or penalties for any act or acts
done by him at or concerning any of the said elections in discharge of his duty
or dnties in his respective capacity.
XIX. And be it farther enacted by the authority aforesaid, that the divisional
JTudces under this Act shall in their i-espective offices retain and employ a sufficient
namber of clerks, and also a ^sufficient number of fit and able men, whom they or any
of them are hereby respectively authorized and empowered to swear in to act as
constables for preserving the peace and preventing robberies and other felonies and
apprehending offenders against the peace within the said police district of Dublin
metropolis, as well by night as by day ; which said constables so appointed and sworn
as aforesaid shall have all such powers, authorities, privileges, and advantages as any
ooDStable duly appointed now has or hereafter may have by virtue of any law or
statute in force in Ireland, and shall obey all such lawful commands as they shall from
time to time receive from the said divisional justices under this Act respectively, for the
apprehending offenders or otherwise conducting themselves in the execution of their
said office or employment by day or night ; and such divisional justices or any two of
them shall and may at any time dismiss from his said employment every such constable
belonging to their respective offices, whom they shall think remiss or negligent in tho
execution of his duty, or otherwise unfit for the same, and appoint such others in their
stead as to tliem shall seem meet : Provided always, that no greater liumber than two
clerb and three office constables and four , peace officers shall at any one and the same
time be so retained as aforesaid at any one of the said publick offices, except at the office
of the division in which his Majesty's castle of Dublin shall be situate, and in which the
Slid chief magistrate of police shall bo one of the divisional justices as aforesaid ; and
in the office of the said division no greater number than two clerks and three office
eoDstables and twenty-eight peace officers shall at any one time and the same time be
» retained: Provided also, that if any person so appointed a constable as aforesaid
Ml be dismissed from the said employment, all powers and authorities vested in him
« a constable under and by virtue of this Act shall immediately cease and determine
to ail intents and purposes whatsoever. {Rep., Stat. Law Rev. Act, 1872 (No. 2).}
XXVII. And be it further enacted, that no justice of the peace for the
county of Dublin or for the county of the city of Dublin, or his or their clerk
or cferks, or any person for them, other than at the said public oflSces, shall
directly or indirectly, upon any pretence or under any colour whatever, take
or receive any fee, gratuity, reward, or recompence for any act by him or
them done or to be done in the execution of his or their office or employ as
justice or justices of the peace, clerk or clerks as aforesaid within the limits of
the said police district of Dublin metropolis, upon pain of forfeiting the sum
of one hundred pounds for every such offence : Provided always, that nothing
herein contained shall extend or be construed to extend to prevent the lord
mayor of the city of Dublin, or the president of the court of conscience or of
the crown office, or the magistrate attending in the rotation office for the time
being from receiving such fees as they are by law entitled to.
XXYIII. And be it further enacted, that the divisional justices aforesaid
and their clerks respectively shall, in books to be provided for that purpose,
Wp a full, true, and particular account of all the fees taken and received at
each of the said public offices, together with all fines, penalties, and forfeitures which
shall have been recovered, levied, or received in pursuance of any adjudication, con-
viction or order had or made at any of the said public offices, or any process or warrant
WBuing from the same JRep., Stat. Law Rev. Act, 1872 (No. 2).J ; and the said justices
shall once in every month deliver unto such receiver such account, verified upon
oath by such justice or justices, their clerk or clerks, and such other person or
VOL. IV. H H
Divisional
justices to re-
tain cleriu and
constables.
No jastice or
his clerk, &c.
to take any fee
within the
police district,
except at the
offices.
Divisional
justices and
their clerks to
keep account
of fees, &c. ;
482
48 George III c. 140.
A.D. 1808.
and pay the
amonnt to the
receiver of the
public offices.
persons as shall be employed in keeping such accounts respectively, or any part
thereof, before the lord mayor of the city of Dublin, which oath ike said lord
mayor is hereby autho^zed and required to administer, and shall pay or cause
to be paid the amount of all such fees to such receiver.
Persons
charged with
offences in the
police district
may be taken
in any part
of Ireland
under warrant
of divisional
justices.
Penalty on jus-
tices how to be
recovered.
Ko person
charged with
high treason
shall be ad-
mitted an ap-
j)rover without
consent of at-
torney general
or solicitor
general.
XXXI. And be it further enacted, that in case any person or persons
charged on oath of one or more credible witnesses with any treason or felony
committed within the said police district of Dublin metropolis shall fly for
the same, or remove to or be found or be in any other part of Ireland, then
and in every such case the warrant or warrants of the said divisional justices
or any of them shall have full force and effect in any part of Ireland to which
such person or persons may have fled or removed, or where such person or
persons shall be found or be ; and all gaolers and keepers of prisons are hereby
authorized and directed to receive into their custody such person or persoas
when apprehended or in custody under or by virtue of such warrant, and eadi
and every of thcQi in safe custody to keep until transmitted to the said district
of Dublin metropolis, any law or usage to the contrary notwithstanding.
XXXIV. And be it enacted, that every justice oflending
in any particulars aforesaid shall forfeit the sum of twenty pounds, to be recovered by
civil bill in the court of proper jmisdiction. JRep., Stat, Law Rev. Act, 1872 (No. 2).}
XXXV. And be it enacted, that no person charged with or accused of having
committed any high treason within the said police district shall be admitted
to give evidence for the crown against his or her accomplice or accomplices
without the previous consent in writing of his Majesty's attorney general, or,
in his absence or in the vacancy of the said office, of his Majesty's solicitor
general ; and any justice offending herein shall forfeit the sum of one hundred
pounds, to be recovered in like manner.
Constables may
break open
houses to
search for
traitors, felons,
Justices, con-
stables, &c.
indemnified
though the
goods shall
appear not to
be stolen, or
no felons, &c.
be found in the
houses.
XL VI. Anb be it further enacted, that it shall and maj be lawful for the said con-
stables or any of them, being duly authorized thereto by the warrant of anj two of
the said divisional justices, one of whom to be an alderman, which warrant any such
divisional justice on information on oath to him given is hereby authorized to grant,
to break open anj dwelling-house, out-house, shop, warehouse, cellar, or other place
named in such warrant, as shall not be opened on demand, after due notice of such
warrant, in order to search for traitors or felons, or accessories to any traitors or felons,
or receivers of stolen goods, or to search for anj goods, chattels, or other things stolen
or feloniously taken or carried away. {Rep., Stat. Law Rev. Act, 1872 (No. 2). J
XLVIL And be it further enacted, that in case the goods, chattels, or other
things so carried and conveyed as aforesaid, shall not have been stolen, or in case
JRep., Stat. Law Rev. Act, 1872 (No. 2).l no felon or accessary to felony, or
receiver of stolen goods, nor any goods or chattels stolen or feloniously taken
or carried away shall be found in such dwelling-house, out-house, shop, ware-
house, cellar, yard, or other place, and that any action, suit, plaint, or inf(ff-
mation against any person or persons for such apprehending, entering, or
breaking shall be commenced within six months after the offence committed;
and any such person so sued or prosecuted may plead the general issue of not guilty,
and upon issue joined may give this Act and the special matter in evidence {Rcp^
Stat. Law Rev. Act, 1872 (No. 2).J ; and if the plaintiff or prosecutor shall become
nonsuit or forbear prosecution, or suffer a discontinuance, or if a verdict or judgment
on demurrer shall pass against him, the defendant shall recover {treble costs. {Bep.,
5 & 6 Vict. c. 97. 8. 2.J
AJ). 1808.
48 George III., c. 140.
482)
XLVllL • Pbovided always, and be it farther enacted, that when a verdict
shall be given for the plaintiff in any such action or suit, and it shall appear
to the jndge or judges before whom the same shall be tried that there was
probable cause for doing the act complained of in such action or suit, and
that the judge or court shall certify the same on the record, then and in such
case the plaintiff shall not be entitled to more than sixpence damages, nor to
any costs of suit : Provided also, that where a verdict shall be given for the plaintiff
in anj each action as aforesaid, and the judge or conrt before the same shall bo tried
shall certify on the record that the injury for which action is brought was wilfully
and maliciously committed, the plaintiff shall be entitled to treble costs of suit. Tlicp.,
5 k 6 Vict, c 97. 8. 2.1
XLTX AiTD be it further enacted, that any person in whose dwelling-house,
out-house, shop, warehouse, cellar, yard, or other place within the said police
district any such stolen goods or chattels or any receiver of stolen goods shall
be knowingly and wilfully harboured or concealed shall, upon being convicted
by due course of law of so knowingly and wilfully harbouring or concealing
such goods and chattels or any such receiver of stolen goods, for the first
offence forfeit the sum of one hundred pounds^ and for every subsequent
offence the sum of two hundred pounds, or, if he or she shall be unable to
pay the same, shall be committed to prison, without bail or mainprize, for any
time not less than three or more than six calendar months for the first offence,
nor less than six nor more than twelve calendar months for every subsequent
offence ; such forfeiture to be recovered by civil bill in the court of the recorder
of the city of DublioL
L. And be it further enacted, that every person selling or being licensed to
sell beer, ale, or spirituous liquors, or exercising or in any way carrying on the
trade and occnpation of a pawnbroker, watchmaker, bayer of old iron, lead,
eopper, tin^ pewter, or other metal, gold and silver only excepted, or old build-
iog materials, and all and every dealer or dealers in old fumititre or old
doaths, ail and every broker or brokers HAAJing in any second-hand goorlK or
commodities whatsoever, or stablekeepers, or other persons letting any horse,
Diare, or gelding for hire within the said police district shall in every year
before the twenty-fifUi day of March give notice of hi.H or her name, place of
abode, and occnpation to the diviidonal justicen of the diviinon in which he
or she shall reside by a note in writing, stating the said matters, and direete^l
to the said divisional justices, and left for them at the police oflice of audi
division, or with some of their clerks or constables belonging to rnich office,
and as often as he or she ^hall change his or her plaee of abode shall imnu^
diately give a like notice aeeording to sach new [Jaee of aborle ; and tm oft«n
as sndi notice shall be given such divi.sional pjuilichH or any of ihem sliaJl
giant a eertifieale to sodi pennon or ytrsiouB of bis, her, or their having gi v#m
sodi notice, £dt whidi certificate mch f^erson or jiersons shall n//t lie Yiai/h to
pay ai^ fee or reward ; and every sudi jM^nf/n who shall fail io giving imeh
notiee shall nftm comrietion tr-er^yf forfeit the sum of five yf^iwln,
LL AsD be it farther enaet^ that a^ oft^m an any of the %aid yir¥m% %o
rsqmred to give such T^*Mb •riall have in liiA, h^, ^^ tit^r yff»^^fm. fu$y
goods or chatteLs and aft<^r re^virj;^ a \fnuU:A m wriit/m n^/ti/>; ^/f *JSf:h yifjuAt^
« chattds being ^toi'rn, with a d/iJSieri[iti^/n ther*pf/f, •hall wiHnUy ^/tuh tn
UU 1
PlA!titifR<»
whcKi there
appottn pro-
bitblo ouuK« for
doing ih« not
oomplained of,
to hayo only
6(/. dfUDAgeK,
Penalty on aov
penon conceal
mgntolen
goodf, &c«
PoblicaiM,
pawutifok^ni,
&c. iognre
notice of (bdr
namee, abode,
&e.
if
•484
48 George III. c. 140.
A,D. 1808.
vlioin they
were received,
&c.
Constables to
search for con-
cealed arms, &c.
Nightwalkers,
&c. to be
Apprehended,
and, in default
of giving se-
curity for good
behaviour, to be
deemed rogues
and vagabonds.
refuse to make discovery to the divisional justices of the division in which he
or she shall reside, or to some of them, of so having the same in his or her
possession, and of the person or persons from whom he, she, or they received
them, or shaU, on being duly required by notice in writing signed by any of
the said divisional justices, neglect or omit to attend at the office of his or her
proper division at such time as shall be mentioned in such notice or order, or
refuse to be examined concerning the same, every such person shall upon
being convicted thereof forfeit the sum of fifty pounds, and the value of such
goods and chattels ; and if he, she, or they upon requisition made by any of
the constables to produce the same shall omit or refuse so to do, eveiy
person so offending shall, upon being convicted ther^f, forfeit the like sum
of fifty pounds, and the value of such goods^and chattels ; and if such person
shall be unable to pay such fine or penalty, he or she shall be committed to
the ho\ise] of correction for any time not exceeding six months, at the dis-
cretion of the divisional justices before whom such person shall have been
convicted.
LII. And be it further enacted, that it shall and may be lawful for the said
constables or any of them, being thereto duly authorized by the warrant of
any of the divisional justices appointed under this Act, to search all suspected
places in such warrant mentioned for concealed arms ; and if such constables
shall thereupon find any gun, pistol, sword, blunderbuss, pike, dagger, or
hanger, or other arms in the possession of any person not qualified by law to
bear or carry arms, he is hereby required and authorized to seize and carry
the same to the pubKck office of such division, and the justices of such divi-
sion are required to send such arms so seized to his Majesty's arsenal, to be
applied to the use of his Majesty, his heirs and successors ; and the person in
whose possession the said arms shall be so found shall find sureties for his or
her good behaviour for three years, or shall be committed to prison by the
said divisional justices or any one of them until he shall give such security :
Provided always, that no such warrant shall be granted except on the infor-
mation given to the said pai*ties or any of them upon the oath of one or more
credible witnesses that to the best of his, her, or their knowledge and belief
such unqualified person is in possession of arms as aforesaid.
LIII. And be it further enacted, that all nightwalkers, aU persons noto-
riously suspected of being thieves, and all persons gaming or tippling in the
publick streets, bye places, or fields within the police district of Dublin
metropolis shall or may be apprehended by any of the said constables, or by
any patrole or watchman, and carried to the pubKck office of the division ;
and if any such person shall not give security for his or her good behaviour,
he or she shall be adjudged, deemed, and taken to be a rogue and a vagabond
within the meaning of the statutes in that behalf in force in Ireland ; . • •
AU crimes
committed on
or within the
circular road to
be tried, &c. as
if committed
in the county
of the city of
Dublin.
LVII. And for carrying into execution the good purposes of this Act, be it
enacted, that all treasons, felonies, misdemeanors, crimes, and oflences what-
soever which shall hereafter be done or committed in any place situate in or
upon any part of the circular road surrounding the city of Dublin, or in any
place situate within the limits circumscribed by the said circular road, shall be
JlD. 1808. 48 George III. c. 14U. 485
prosecuted, proceeded on, and tided in the same court and courts, and in the
same manner in all respects, as if the same had been committed within the
oomity of the city of Dublin, and shall be laid in any indictment to have been
committed within the said county of the city of Dublin ; and that as to the
prosecution, apprehension, and trial of all persons charged with any of the said
crimes or offences hereafter to be committed, the said circular road and eveiy
place lying within the same shall be apd be deemed and taken to be part and
parcel of the county of the city of Dublin ; and that the sessions of the peace Scmiom forth*
for the county of the city of Dublin shall not be adjourned for any greater ^^^^^^
length of time than from six weeks to six weeks, and that it shall and may
be lawful to hold the said sessions during the law terms ; provided, however,
thai nothing herein contained shall prevent the holding of the sessions of the
peace for the county of DubUn in the usual place for holding the same, or
shall in finywise affect the prosecution or trial of any person accused of
having committed perjury on any trial held before a jury of the county of
Dublin, but that all and every the said matters shall proceed as if this Act
had not passed. .... ...
LVm. And whereas the continuation of the said circular road is inter-
rupted by his Majesty's park called The Phoenix on the west side of the said
city, by reason wliereof doubts may arise as to divers jyartu and places adja-
cent thereto whether the same ought to be deemed and taken to be within
the limits surrounded by the said circular road or not : For obviating of which
donbts, be it enacted, that where the said circular road is so interrupted on IMbitioo of
the west side of the said city, the wall bounding his Majesty's said park The ,osd od ilus
Ph(Bnix on the east side of the said parkland extending from the said circular T***^'^/^ ^^
road where the same meets the said wall on the south side of the said park to pqrpute alor^
the said circular road where the same meets the said wall on the north side of **^
the said park, shall as to the said purpose be taken and considered as and in
the place and stead of the said circular road \ and that all places which would
be within the limits surrounded by the said circular mad if the same were
continued in the line in which the said piece of wall now runs, shall for tiie
purpose aforesaid be deemed, taken, and considered to Ije within the limits T)m AmmdUt
sunounded by the said circular roa/l ; jirovided, however, that m^thing in this iAUerwm trim-
Act contained shall in anywise be construed so as to prevent any ^/ffenc? from *>*««««*•« mid
bemg prosecuted or tried in the county of the city i/t Dublin which woiild by
law have been so prosecuted or tried if this Aet had not pabHed
LEL And whereas by the pro\i8i^jns of this Aet the duties f/t the rec^^rdier
of the city of Dublin will be consideraUy inertsufA : And wherea« hiif pn^M^nt
salary is inadequate to the trouble and imix^irtance of his office : Be it then^
fore further maeted, that it sliall and may U lawful for the lord Ueuietiant or ^^^ lMwt«di«i
other chief governor or governors of Ireland for tJie iiuus Wsw^ to dimei tl*e nfptAi^^ f«*»<u
yearly sum of one thoasand pounds, dear of all tax^^ and 'Muetaons, i/^ 1^ ^^J!^*^^
paid out of the funds ^LyiAuss^A^i to tlie eJciK-na^s tA the. haid imAU^. ^^stal^link-
ment to the said reeorier of the city of Dublin, clear of aJl taxeH awJ dtAueih/UM
whatsoever, in angmtxitation of his walhry.
LXY. AjkD be it enacted, tliai no [jenioo ifbaJl , ^ ^Afyer^mtQ
cany (m the \msmsm of a pawnWoker within ihh MU/i circular road or witltin ^J21J!II!^
474
48 George III. c. 127.
A.D. 1808,
44 Geo. 3. c. 77.
L>»
Marriages
solemnized
before Aug.
23, 1808, in
any church or
chapel duly
consecrated,
shall be as valid
as if solemnized
in parish
churches.
Ministers who
shall have
solemnized
such marriages
indemnified.
Registers of
such marriages
to be received
in evidence.
Hegisters of
marriages
solemnized in
publick chapels
shall be re-
moved to
the parish
churches, &c.
his present Majesty, intituled ''An Act to render valid certain marriages
" solemnized in certain churches and publick chapels in which banns had not
" usually been published before or at the time of passing an Act made in the
" twenty-sixth year of the reign of his late Majesty King George the Second,
" intituled * An Act for the better preventing of clandestine marriages ' " : And
whereas divers marriages have been solemnized since the passing of the said
last-mentioned Act within that part of Great Britain called England, Wales,
and town of Berwick-upon-Tweed, in divers churches and chapels duly con-
secrated, but by reason that in such churches and chapels banns of matrimony
had not usually been published before or at the time of passing the said first-
mentioned Act, such marriages have been or may be deemed to be void : May
it therefore please your Majesty that it may be enacted, and be it enacted by
the King's most excellent Majesty, by and with the advice and consent of the
lords spiritual and temporal, and commons, in this present Parliament assem-
bled, and by the authority of the same, that all marriages already solemnized
or to be solemnized before the twenty-third day of August one thousand eight
hundred and eight in any church or publick chapel in that part of Great
Britain called England, Wales, and the town of Berwick-upon-Tweed, duly
consecrated, shall be as good and valid in law as if such marriages had been
solemnized in parish churches or publick chapels having chapelries annexed,
and wherein banns had usually been published before or at the time of passbg
the said last-mentioned Act.
II. And be it further enacted by the authority aforesaid, that all parsons,
vicars, ministers, and curates, who before the said twenty-third day of August
one thousand eight hundred and eight shall have solemnized any of the mar-
riages which are hereby enacted to be valid in law, shall be and they are
hereby indemnified against the penalties inflicted by the said recited Act made
in the twenty-sixth year of the reign of his said late Majesty King George
the Second upon persons who shall solemnize marriages in any other place
than a church or publick chapel in which banns had been usually published
before or at the time of passing the said last-mentioned Act.
III. And be it further enacted by the authority aforesaid, that the registers
of marriages solemnized or to be solemnized in the said churches or chapels,
which are hereby enacted to be valid in law, or copies thereof shall be received
in all courts of law and equity in evidence in the same manner as the registers
of such marriages solemnized in parish churches pr publick chapels, in which
banns were usually published before or at the time of passing the said recited
Act of the twenty-sixth year of the reign of his said late Majesty King
George the Second, or copies thereof are received in evidence: Provided
nevertheless, that in all such courts the same objections shall be available to
the receiving such registers or copies in evidence as would have been available
to the receiving the same in evidence if such registers or copies had related to
marriages mentioned in such last-mentioned parish churches or publick chapels
as aforesaid.
IV. And be it further enacted by the authority aforesaid, that the registers
of all marriages solemnized in any publick chapels which are hereby enacted
to be valid in law shall, within thirty days next after the said twenty-third
day of August one thousand eight hundred and eight, be removed to the parish
church of the parish in which such chapel shall be situated ; and in case such
A.ft 180a 48 George III. c 127, 128. 475
chapel shall be situated in an extra-parochial place, then to the parish church
next adjoining to such extra-parochial place ; to be kept with the marriage
registers of such parish, and in like manner as parish registers are directed to
be kept Ir^ the said recited Act made in the twenty-sixth year of the reign
of his said late Majesty King George the Second ; and within twelve months
after the removal of such registers to such parish churches respectively two
copies thereof respectively shall be transmitted by the respective church-
wardens of such parishes to the bishop of the diocese or his chancellor,
sabscribed by the hands of the minister and churchwardens of such parishes
respectively, to the end that the. same may be faithfully preserved in the
registry of the said bishop.
CHAPTER CXXVIIL
An Act to repeal so much of an Act passed in the Forty-fifth Year of his
present Majesty for regulating the Office of Paymaster General as requires
certain Acc|punts to be examined and settled within certain Periods by
the Secretary at Wai*, and enabling his Majesty to make Orders for
examining and settling such Accounts. [30th June 1808.]
'HEREAS an Act passed in the forty-fifth year of the reign of his present
w
Majesty, intituled " An Act to repeal an Act made in the twenty-third year of Recital of
** his present Majesty for the better regulation of the office of paymaster general of^^^^'^'^'*®'
^ his Majesty's forces, and the more regular payment of the army, and for the more
^ effectually regulating the said office"; and certain provisions are contained in the said
Act as to peric^s within which certain accounts of agents of r^ments in his Majesty's
forces transmitted to the secretary at war are to be examined and settled : And whereas
it has been found that the said provisions cannot be strictly complied with: And
whereas the commissioners appointed to enquire and examine into the public expendi-
ture and the conduct of public business in certain military departments are proceeding
in an inquiry in relation to the War Office and the accounts thereof, and as to regi-
mental accounts and expenditures ; and it is therefore expedient that the said provisions
of the said recited Act should be repealed, and that his Majesty should be empowered
to order and direct all such accounts to be kept and made up and transmitted and
examined and settled by such person or persons in such manner, at such times, and at So much of
mch periods as shall be deemed expedient, so that any of the regulations which may "^c^^d -A.ct as
be suggested by such commissioners, or which it may be otherwise thought proper to ''®^^®* the mi-
adopt, may be carried into execution with the least possible delay for the public ser- ^f every regi-
vice : Be it therefore enacted, by the King's most excellent Majesty, by and with the ment to be
advice and consent of the lords spiritual and temporal, and conunons, in this present settled by the
Parliament assembled, and by the authority of the same, that so much of the said recited ^^i^^^^'y ^^
Act as requires the annual accounts of every regiment, troop, and company to be ^^i^"^^,
examined and settled by the secretary at war, or by such other person or persons as cates of the "
shall be duly authorized by his Majesty for that purpose, within three months after the chaiges al-
receipt thereof, and further requires certificates of the several charges allowed in the lowed to be
said accounts to be transmitted to the office of the paymaster general of bis Majesty's transmitted to
forces, with warrants signed by the King, shall be and the same is hereby repealed. ^^^foJJ^
[Rep., Stat. Law Rev. Act, 1872 (No. 2).J repealed. '
IL And be it further enacted, that it shall be lawful for his Majesty by His Majesty
any warrant or warrants under his royal sign manual to make and issue such ^ make re-
j 1 gulatioiis for
orders and declare and establish such rules and regulations for the more speedy the speedy
and effectual examination and settlement of the accounts of regimental ex- *«^«™«|^* <>f
penditures, or of such other expenditures for army services as usually have regimental ex-
heen or shall be hereafter examined in the office of the secretary at war, as P®°^***'®*' *^'
shall appear to be most expedient, and to facilitate the final examination and
settlement of such accounts.
t;T#
476
48 George III. c. 128, 138.
A.D. 1808.
{ •
Balances due
from agents,
&C. not paid
' withia a month
after demand,
to be deemed
a debt to his
Mfgest}* upon
record.
III. Provided always, and be it further enacted, that nothiiig herein con-
tained shall extend or be construed to extend to exonerate any agent or other
pubKc accountant from the payment of any balance that may be declared to
be due from him, upon the examination and settlement of his accounts under
any orders or rules and regulations which may be made, issued, declared, and
established by his Majesty as aforesaid ; but that the balance so declared and
not paid within one month after the same shall have been demanded shall be
deemed and considered to be a debt to his Majesty upon record, and be re-
coverable as such by his Majesty, his heirs and successors, with full costs of
suit and other charges attending the same, by the like process as by the laws
of that part of the United Kingdom wherein such agent or accountant shall
reside any debt to his Majesty arising within the same may be recovered
Scotch Act,
1707.
Stipends aug-
mented or mo-
dified before
the passing of
this Avt, not
to be again
modified for 15
years.
Stipends aug-
mented, &c.
after the pass-
ing of this Act,
not to be again
modified for 20
years.
CHAPTER CXXXVIII.
An Act for defining and regulating the Powers of the Commission of Teinds,
in augmenting and modifying the Stipends of the Clergy of Scotland.
[30th June 1808.]
TTTHEREAS by an Act of the Parliament of Scotland in the year one
^ * thousand seven hundred and seven, intituled " Act anent plantation of
" kirks and valuation of teinds," her Majesty Queen Anne and the estates of
Parliament empowered, authorized, and appointed the lords of council and
session to judge, cognosce, and determine in aU affairs and causes which by
the laws and Acts of the Parliament of Scotland had been referred and did
pertain and belong to the jurisdiction and cognizance of commissioners formerly
appointed for that effect, as fully and freely in aU respects as the said lords
did or might do in other civil causes ; and certain powers therein mentioned
were particularly granted by the said Act • and it was thereby declared that
the said Act and commission should be subject nevertheless to such regulations
and alterations as should be made by the Parliament of Great Britain : And
whereas it is expedient that the powers of the said lords of council and session
as commissioners aforesaid should in some respects be defined and regulated :
May it therefore please your Majesty that.it may be enacted, and be it enacted
by the King'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 from and after the passing
of this Act it shall not be competent to the said lords of council and session as
commissioners aforesaid, except as after specified, to augment or modify any
stipend which shall have been augmented or modified prior to the passing of
this Act, until the expiration of fifteen years from and after the date of the
last final decreet of modification of such stipend.
IT. And be it enacted, that no stipend which shall be augmented or modified
by a decree after the passing of this Act shaU be again augmented or modified
until the expiration of twenty years from and after the date of such decree or
modification thereof; nor shall any such stipend be augmented or modified at
any future period until the expiration of twenty years from and after the date
of the last decree of modification thereof respectively.
A.D. 180a 48 George III. c. 138. 477
yif. Pbovibbd farther, and be it enacted, that in all cases whatsoever Commissionen
where an augmentation or modification of stipend shall have been or shiall be re^^to ^•
apphed for, and which shall be judged of, or a decision pronounced therein, ment or modifj
after the passing of this Act, by the said lords of council and session as com- ^^" '
missioners aforesaid, it shall and may be competent to them to refuse to
augment or modify any stipend in any such case, either on account of there
being no l^al fiind of augmentation or on account of the circumstances of the
ease; and it shaU and may be competent for any party or parties to propone
all relevant objections in every case whatsoever where an augmentation or
modification shall be applied for, and which objections shall be determined by
the said lords of council and session as commissioners aforesaid as heretofore.
VIIL And be it further enacted, that every stipend which shall be augmented Stipends which
after the passing of this Act shall be wholly modified in grain or victual, even rented shtiU be
although part of the whole thereof shall have been previously modified in wholly modified
money, or although part of the whole of the teinds shall be money tei^d, unless ™<^^ unless
where it shall appear necessary, on account of the state of the teinds, or on where it shall
aeoount of the interest of the benefice, or on account of the nature of the ^^^ neces-
articles other than grain or victual which have been in use to be delivered in
kind as stipend, that a part of the said stipend should be modified not in grain
or victual but in money, or should be modified in such other articles as have
been in use to be delivered in kind as stipend.
IX. And be it further enacted, that in the case of every decree of modifica- Money stipends
tion which shall be pronounced after the passing of this Act as aforesaid, it \j^^ g^^or
shall and may be competent to the said lords of council and session as com- ▼ictnai, except
missioners aforesaid, and they are hereby authorized and required, Ur convert aceor^ng to'
the said money stipend or money teind into grain or victual, save and except *^® ^^^ P"<*«
as aforesaid ; and to make such conversion into grain or victual according to on average of
the fiar prices of the kind or description of grain or victual into which the ^^^ y®"*-
same shall be converted, as appearing from the fiars of the county or ste^artry
Btrackfor each year in virtue of authority from the sheriff or stewart in which
the pariah shall be situated, upon an average of such fiar prices for seven
years preceding the date of the decreet of modification, and exclusive of that
year in which such decreet of modification shall bear date.
X. Provided always, and be it enacted, that where such parish shall not Where the
be altogether situated in the same county or stewartry, or where no fiars J^^ ^i
applicable to the kind or description of grain modified shall be struck in the pther situated
county or stewartry wherein such parish is situated, it shall be competent for ^^^he^ ^'
the said lords of council and session as commissioners aforesaid, to convert P"<^ °^y ^
the said money into grain or victual according to the average of the aforesaid or more acyoin-
seven years of the fiar prices of two or more of the adjoining counties, or of ""* counties,
such stewartry, county or counties as they shall deem most suitable in the
circumstances of the case.
XL And be it further enacted, that it shall not be competent for the lords Ministennot to
of council and session as commissioners aforesaid, where a stipend shall after STkbd b^Tto
the passing of this Act be modified in grain or victual, in whole or in part, to ^^^^^ >t in
authorize the minister to receive the same or any part thereof in kind, but mg uf the^'
that it shall only be competent for them to decree the value thereof to be paid P"^ ^^^^
or for him to receive the same in money, according to the fiar prices of the which the same
kind or description of grain or victual into which the same shall have been "'^^i^® ^^"
478
48 George III. c. 138.
A.D. 1808.
_ •
Where the
parishishall not
be altogether
situated in one
county, &c.
two or more
commissioners
maj fix upon
a<]|joining
counties for
taking the fiar
prices.
Conversion to
be made ac-
cording to the
highest fiar
prices.
Bight of surren-
dering teinds
not to be taken
away.
modified, as appearing from the amiual fiars of the county or stewartiy in
which the parish, the stipend of which shall have been so modified, shall be
situated, struck in virtue of authority from the sheriff or stewart, for that crop
or year for which such stipend modified in grain or vix^ual shall be payabla
XII. Provided always, and be it enacted, that where any such parish shall
not be altogether situated in one and the same county or stewartry, or where
no annual fiars applicable to the kind or description of grain or victual modi-
fied, shall be struck in the county or stewartry wherein such parish is situated,
it shall be competent for the said lordn of council and session as commissioner
aforesaid to fix upon and specify two or more of the adjoining counties, or
such stewartry, coimty, or counties as they shall deem most suitable in the
circumstances of the case, according to the annual fiar prices of which
stewartry, coimty, or counties they shall decree the value thereof to be paid in
money.
XIII. Provided always, and be it enacted, that where there shall have been
or shall be different rates of annual fiar prices for any coimty or stewartry,
district or place struck in virtue of authority from the sheriff or stewart^ the
said convei'sion from money into grain or victual, and from grain or victual
into money, in aU of the cases aforesaid^ shall be made according to the highest
annual fiar prices struck in virtue of authority from the sheriff or stewart for
the said coimty, stewartry, district or place.
XIV. Provided always, and be it enacted, that the right of any heritor to
surrender his valued teind ia place of subjecting his lands to the amount of
the stipend localled upon them shall not be taken away by what is herein
enacted
Regnlationfi
may he made
for ahridging
the forms and
ezpence of
citation, and
for expediting
the husiness,
&c.
In cases of
augmentation
moderator and
derk of the
preshytery
to he cited,
and famished
with statement
of present sti-
pend, and the
addition in-
tended to he
craved, &c
Preshytery
may appear
as parties to
the process.
XVI. And be it enacted, that it shall be lawful for the said lords of council
and session as commissioners aforesaid, and they are hereby empowered and
required, to establish rules and regulations for abridging the forms and expence
of citation of heritors and others, and for ascertaining the facts and circam-
, stances of the case, and to establish regulations for executing the business
committed to them by the said in part recited Act of the Parliament of
Scotland, and by the present Act, with as much expedition and as little
expence as possible.
XYII. And in order to guard against collusion, and also ia order that no
processes of augmentation or for modification of stipends shall be raised on
the ground of aUedged collusion, be it farther enacted, that every minister
insisting in the process of augmentation shall after the passing of this Act^
besides citing the heritors, also cite the moderator and .clerk of tiie presbytery
of the bounds, and Aimish them with a statement of the amount of htt
present stipend, and the addition to the stipend which he means to crave^ id
order that the presbytery, if they shall judge it proper, may appear as parties
to the process ; and ia the event of the presbytery entering no appearance,
the minister shall forthwith transmit to the moderator or clerk of the pres^
bytery a certified copy of the interlocutory pronounced by the court ; and it
shall be competent to the presbytery, within five months after such inte^
locutor is pronounced, to enter an appearance, and to shew, if they shall see
cause, that the decree of modification pronounced is collusive and prejudicial
to the benefice : Provided, that if the presbytery shall enter an appearance
^
A.D. 180a
48 George III. c. 138, 140.
479
in snch process, it shall be competent to the court to subject the minister
insisting in such process in the whole or any part of the expences of process
incurred by the presbytery.
CHAPTER CXL.
Ah Act for the more eflfectual Administration of the Office of a Justice of the
Peace, and for the more effectual Prevention of Felonies within the
District of Dublin MetropoKs. [30th June 1808.]
WHEREAS an Act was made in the Parliament of Ireland in the thirty-fifth year
of his pi*e8ent Msjesty's reign, intituled " An Act for more effectually preserving
^ the peace within the city of Dublin and the district of the metropolis, and esta-
^ blishing a parochial watch in the said city ": And whereas another Act was made
in the Parliament of Ireland in the thirty-sixth year of his present Majesty's reign,
^ for explaining and amending the said recited Act of the thirty-fifth year^ and for
^ remedying the abuses committed by pawnbrokers within the district of the said
*^ metropolis or three miles thereof": And whereas another Act was made in the
Florlijunent of Ireland in the thirty-ninth year of his present Majesty's reign to amend
the said recited Acts of the thirty-fifth and thirty-sixth years of his present Majesty's
reign : And whereas another Act of Parliament was made in Ireland in the fortieth
jear of his present Majesty's reign, intituled ''An Act for amending and making
'^ perpetual the several laws for regulating the watch in the district of the metropolis,
' and for granting a further duty upon pawnbrokers ": And the said Acts have been
found insufiScient for effectuating the said purposes : Be it therefore enacted by the
King'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
sathority of the same, that the said Acts of the thirty-fifth and thirty-sixth years of
his present Majesty's reign, and every matter and thing therein contained, and also so
mach of the said Acts of the thirty-ninth and fortieth years of his present Majesty's
reign as relates to the watch establishment, shall be, and the same are hereby repealed ;
(save and except so much of the said Acts or any of them respectively as repeals any
former Act or Acts, or any clausei power, or authority, or proxdsion given or enacted
by any former Act or Acts, and save and except so much of the said Acts or any of
them as provide for the payment of any salary or salaries to any person or persons
in respect of having held any office or offices whatsoever abolished by the said Acts or
either of them, and also save as herein-after mentioned.) {Rep., Stat. Law Rev. Act,
1872 (No. 2).J
n. And be it further enacted, that his Majesty's castle of Dublin, and all places
within eight miles thereof in every direction, as to all matters and things not within
the jurisdiction of the court of Admiralty of Ireland, shall be united in one district,
and be called ^' The Police District of Dublin Metropolis." {Rep., Stat. Law Rev. Act,
1872(No.2).J
ni. And be it further enacted, that the said police district shall be divided into six
divisions ; and that it shall and may be lawful to and for the lord lieutenant or other
chief governor or governors of Ireland for the time being, by warrant under hand and
seal, from time to time to direct, declare, and point out the limits of the said divisions
respectively, and to change the same from time to time at his or their will and pleasure,
and to cause six several public offices to be established, one thereof in each of the said
divisions, and to cause the same to be changed from time to time as he or they shall
think proper. JRep., Stat. Law Rev. Act, 1872 (No. 2).J
lY. And be it enacted, that there shall be appointed in manner herein-aft;er
mentioned eighteen fit and proper persons to be divisional justices within the said
district, six whereof to be barristers of not less than six years standing each ; and that
twelve of the said divisional justices shall be appointed by the lord lieutenant or other
chief governor or governors of Ireland for the time being ; to wit, six barristers of
such standing as aforesaid, and three aldermen of the city of Dublin, and three persons
being sheriffs peers or members of the common council of the said city, whom he or
they shall think proper ; and it shall be lawful for the lord lieutenant or other chief
Recital of
Irish Acts,
35 Geo. 3. c. 36.
36 Geo.' 3. c. 30.
39 Geo. 3. c. 56.
40 Geo. 3. c. 62.
Recited Acts
of 35 and 36
Geo. 3. and
80 much of
39 and 40
Geo. 3. as
relates to the
watch establish-
ment, repealed.
Formation and
limits of Dublin
police district.
Police district
to be divided
into six divi-
sions with
public offices.
Appointment
of divisional
justices ;
and receiver.
.:f ■-*
480
48 George III. c. 140.
^D. 1808.
governor or governors of Ireland for the time being, to appoint a receiver, not being
an alderman of the city of Dublin, who shall be called " the receiver of the public
" offices in the police district of Dublin metropolis," which receiver shall be incapable
of being appointed or elected a divisional justice under this Act, and shall be removable
from time to time by the ford lieutenant or other chief governor or governors of Ire-
land for the time being at his and their good will and pleasure. {Bep., Stat. Law
Rev. Act, 1872 (No. 2). J
Election of six Y. And be it further enacted, that the other six divisional justices shall be elected
of thediviBioDal to the said offices, subject to the approbation of the said lord lieutenant or other chief
justices. governor or governors of Ireland for the time being, and the privy council, in manner
herein-after mentioned ; and that the persons < so to be elected shall be three aldermen
of the city of Dublin and three sheriffs peers. TRep., Stat. Law Rev. Act, 1872
(No. 2).J
Lord lieutenant
to appoint one
of the justices
chief magis-
trate of the
police.
Office of the
castle division
to be the head
office.
Divisional
justices, &c.
incapable of
sitting in the
House of Com-
mons, and such
of them as may
be barristers
incapable of
practising.
No barrister or
other officer
acting under
this Act (with
certain excep-
tions) to vote
or interfere in
the election of
members of
Parliament for
the county or
city of Dublin.
XI. And be it enacted, that it shall and may be lawful to and for the lord lieutenant
or other chief governor or governors of Ireland for the time being, by warrant under
hand and seal, to nominate any one of the said divisional justices, being an alderman,
whom he shall think proper, to be the chief magistrate of the police of Dublin, and in
like manner to change the same at his and their good will and pleasure, and such chief
magistrate shall for the time being be one of the divisional justices of the division in
which his Majesty's castle of Dublin shall be situato ; and that the o£Sce of the said
division shall be called ^* The Head Office of the Police." {Rep., Stat Law Rev. Act,
1872 (No. 2). J
« * • ••* • « « •
XIY. And be it eiia.cted, that the said divisional justices and receiver and
all other persons holding any office in or under the said police establishment
shall be incapable of being chosen members of or sitting in the House of Com-
mons in any Parliament during such time as they shall hold the said offices
respectively ; and that no barrister who shall be appointed or elected a divisional
justice under this Act shall, while he shall hold the said office, practise as a
barrister in any court whatever, or do any business as a barrister out of court,
in drawing deeds or pleadings in law or equity or any draft or di*afts thereof
respectively, or in giving any opinion or opinions, or otherwise ; and if any
such barrister shall offend herein, he shall for every such offence forfeit the
sum of five hundred pounds sterling.
XV. And be it further enacted, that no barrister or other officer or person
nominated or appointed by or under this Act (except the said divisional
justices who shall be aldermen, sheriffs peers, or common councilmen), shall,
during the time he shall continue in his office or within six months after he
shall -have quitted the same, be capable of giving his vote for the election of a
member to serve in Parliament for the county of Dublin or the city of Dublin
respectively, nor shall by word, message, writing, or in any other manner
endeavour to persuade any elector to give or dissuade any elector from giving
his vote for his choice of any person to be a member to serve in Parliament
for the said county and city of Dublin respectively ; and every such officer or
person as aforesaid offending therein shall forfeit the sum of one hundred
pounds, one moiety thereof to the informer, and the other moiety to be paid to
the said receiver of the said public offices to be applied to the uses of the
said establishment, to be recovered by any person that shall sue for the same
by action of debt, bill, plaint, or information in any of his Majesty's courts of
record at Dublin, in which no essoign, protection, privilege, wager of law, nor
more than one imparlance shall be allowed ; such action to be brought within
the space of one year after such offence so committed : Provided always, that
AD. 1808. 48 George III. c. 14a 481
noUiing in this Act shall extend or be construed to extend to subject such
officer or person as aforesaid to any penalty or penalties for any act or acts
done by him at or concerning any of the sadd elections in discharge of his duty
or duties in his respective capacity.
• ••«•««#*
XIX. And be it farther enacted by the authority aforesaid^ that the divisional Bivisional
joBtices under this Act shall in their respective offices retain and employ a sufficient J"ft»ces to re-
xramber of clerks, and also a^sufficient number of fit and able men, whom they or any constables,
of tJiem are hereby respectively authorized and empowered to swear in to act as
constables for preserving the peace and preventing robberies and other felonies and
apprehending offenders' against the peace within the said police district of Dublin
metropolis, as well by night as by day ; which said constables so appointed and sworn '
as aforesaid shall have all such powers, authorities, privileges, and advantages as any
constable duly appointed now has or hereafter may have by virtue of any law or
statute in force in Ireland, and shall obey all such lawful commands as they shall from
time to time receive from the said divisional justices under this Act respectively, for the
apprehending offenders or otherwise conducting themselves in the execution of their
said office or employment by day or night ; and such divisional justices or any two of
them shall and may at any time dismiss from his said employment every such constable
heioDging to their respective offices, whom they shall think remiss or negligent in the .
execution of his duty, or otherwise unfit for the same, and appoint such others in their
Etead as to them shall seem meet : Provided always, that no greater tiumbor than two
derks and three office constables and four^peace officers shall at any one and the same
time be so retained as aforesaid at any one of the said publick offices, except at the office
of the division in which his Majesty's castle of Dublin shall be situate, and in which the
said chief magistrate of police shall be one of the divisional justices as aforesaid ; and
in the office of the said division no greater number than two clerks and three office
constables and twenty-eight peace officers shall at any one time and the same time be
so retained : Provided also, that if any person so appointed a constable as aforesaid
shall be dismissed from the said employment, all powers and authorities vested in him
H a constable under and by virtue of this Act shall immediately cease and determine
to all intents and purposes whatsoever. {Rep., Stat. Law Rev. Acl^ 1872 (No. 2).}
* * * * ** * • *
XXVII. And be it further enacted, that no justice of the peace for the No jastioe or
county of Dublin or for the county of the city of Dublin, or his or their clerk ^^^'e any fee
or clerks, or any person for them, other than at the said public offices, shall within the
directly or indirectly, upon any pretence or under any colour whatever, take ^cepAuhe*'
or receive any fee, gratuity, reward, or recompence for any act by him or offices,
them done or to be done in the execution of his or their office or employ as
justice or justices of the peace, clerk or clerks as aforesaid within the limits of
the said police district of Dublin metropolis, upon pain of forfeiting the sum
of one hundred pounds for every such offence : Provided always, that nothing
herein contained shall extend or be construed to extend to prevent the lord
mayor of the city of Dublin, or the president of the court of conscience or of
tlie crown office, or the magistrate attending in the rotation office for the time
being from receiving such fees as they are by law entitled to.
XXYIII. And be it further enacted, that the divisional justices aforesaid Divisional
and their clerks respectively shall, in books to be provided for that purpose, Jhefr^eSa to
Wp a full, true, and particular account of all the fees taken and received at ke«p account
each of the said public offices, together with all fines, penalties, and forfeitures which * ' '
shall have been recovered, levied, or received in pursuance of any adjudication, con-
yiction or order had or made at any of the said public offices, or any process or warrant
issuing from the same {Rep., Stat. Law Bev. Act, 1872 (No. 2).} ; and the said justices
shall once in every month deliver unto such receiver such account, verified upon
oath by such justice or justices, their clerk or clerks, and such other person or
VOL. IV. H H
482
48 Geobge hi. c. 140.
A,D. 1808.
and pay the
amount to the
receiver of the
public offices.
persons as shall be employed in keeping such accounts respectively, or any part
thereof, before the lord mayor of the city of Dublin, which oath £he said lord
mayor is hereby authoi^zed and required to administer, and shall pay or cause
to be paid the amount of aU such fees to such receiver.
Persons
charged with
offences in the
police district
may be taken
in any part
of Irelsmd
under warrant
of divisional
justices.
XXXI. And be it further enacted, that in case any person or persons
charged on oath of one or more credible witnesses with any treason or felony
committed within the said police district of Dublin metropolis shall fly for
the same, or remove to or be found or be in any other part of Ireland, then
and in every such case the warrant or warrants of the said divisional justices
or any of them shall have full force and effect in any part of Ireland to which
such person or persons may have fled or removed, or where such person or
persons shall be found or be ; and all gaolers and keepers of prisons are hereby
authorized and directed to receive into their custody such person or persons
when apprehended or in custody under or by virtue of such warrant, and eacji
and every of theqi in safe custody to keep until transmitted to the said district
of DubliQ metropolis, any law or usage to the contrary notwithstanding.
P
Penalty on jus-
tices how to bo
recovered.
No person
charged with
high treason
shall be ad-
mitted an ap-
prover without
consent of at-
torney general
or solicitor
general.
Constables may
break open
houses to
Rearch for
traitors, felons,
&c.
Justices, con-
stables, &c.
indemnified
though the
goods shall
appear not to
be stolen, or
no felons, &c.
be found in the
houses.
XXXIV. Akb be it enacted, that ••• every justice offending
in any particulars aforesaid shall forfeit the sum of twenty pounds, to be recovered by
civil bill in the court of proper jurisdiction. {Rep., Stat. Law Rev. Act, 1872 (No. 2).|
XXXV, And be it enacted, that no person charged with or accused of having
committed any high treason within the said police district shall be admitted
to give evidence for the crown against his or her accomplice or accomplices
without the previous consent in writing of his Majesty's attorney general, or,
in his absence or in the vacancy of the said office, of his Majesty's solicitor
general ; and any justice offending herein shall forfeit the sum of one hundred
pounds, to be recovered in like manner.
XLVI. And be it further enacted, that it shall and may be lawful for the «ud con-
stables or any of them, being duly authorized thereto by the warrant of any two of
the said divisional justices, one of whom to be an alderman, which warrant any sach
divisional justice on information on oath to him given is hereby authorized to grant,
to break open any dwelling-house, out-house, shop, warehouse, cellar, or other plaoo
named in such warrant, as shall not be opened on demand, after due notice of sach
warrant, in order to search for traitors or felons, or accessories to any tndtors or felons,
or receivers of stolen goods, or to search for any goods, chattels, or other things stden
or feloniously taken or carried away. {Rep., Stat. Law Rev. Act, 1872 (No. 2). J
XLVII. And be it further enacted, that in case the goods, chattels, or other
things so carried and conveyed as aforesaid, shall not have been stolen, or in case
{Rep., Stat. Law Rev. Act, 1872 (No. 2).l no felon or accessary to felony, or
receiver of stolen goods, nor any goods or chattels stolen or feloniously taken
or carried away ^all be found in such dwelling-house, out-house, shop, ware-
house, cellar, yard, or other place, and that any action, suit, plaint, or infcM^
mation against any person or persons for such apprehending, entering, or
breaking shall be commenced within six months after the offence committed;
and any such person so sued or prosecuted may plead the general issue of not guilty,
and upon issue joined may give this Act and the special matter in evidence {Rep.^
Stat. Law Rev. Act, 1872 (No. 2).J ; and if the plaintiff or prosecutor shall become
nonsuit or forbear prosecution, or suffer a discontinuance, or if a verdict or judgment
on demurrer shall pass against him, the defendant shall recover |treble costs. fB^^P*)
5 & 6 Vict. c. 97. s. 2.J
AJ). 1808.
48 Geoege m. c. 140.
48!t
XLYm . Provided always, and be it farther enacted, that when a verdict
shall be given for the plaintiff in any such action or suit, and it shall appear
to the jadge or jndges before whom the same shall be tried that there was
probable cause for doing the act complained of in such action or suit, and
thai the judge or court shall certify the same on the record, then and in such
case the plaintiff shall not be entitied to more than sixpence damages, nor to
any costs of suit : ProTided also, that where a yerdict shall be given for the plaintiff
in anj rach action as aforesaid, and the jodge or court before the same shaH be tried
shall certify cm the record that the injury for which action is brought 'was wilfully
ind malicioasly conunitted, the plaintiff shall be entitled to treble costs of suit. {Bep^
5&6Victc97. 8.2.J
XLIX. Ann be it further enacted, that any person in whose dwelling-house,
oat-house, shop, warehouse, cellar, yard, or other place within the said police
district any such stolen goods or chattels or any receiver of stolen goods .shall
be knowingly and wilfully harboured or concealed shall, upon being convicted
hy due course of law of so knowingly and wilfully harbouring or concealing
sach goods and chattels or any such receiver of stolen goods, for the first
offcDoe forfeit the sum of one hundred pounds^ and for every subsequent
offeooe the sum of two hundred pounds, or, if he or she shall be unable to
pay the same, shall be committed to prison, without bail or mainprize, for any
time not less than three or more than six calendar months for the first offence,
nor less than six nor more than twelve calendar months for every subsequioit
offence; such forfeiture to be recovered by civil bill in the court of the recorder
of the city of Dublin.
L. And be it further enacted, that every person selling or being licensed to
dl beer, ale, or spirituous liquors, or exercising or in any way carrying on the
inde and oocupaticm of a pawnbroker, watchmaker, buyer of dd iron, lead,
copper, tin, pewter, or other metal, gold and silver only excepted, or old build-
ing materials, and all and every dealer or dealers in old furniture or old
deaths^ all and every broker or brokers dealing in any second-hand goods or
commodities whatsoever, or stablekeepers, or other persons letting any horse,
niare, or gelding for hire within the said police district shall in every year
bdbie the twenty-fifUi day of March give notice of his or her name, place of
abode, and occupation to the divisional justices of the division in whidi he
or she shall reside by a note in writing, stating the said matters, and directed
to Qie said divisional Justices, and left for them at the police office of such
divison, or with some of their clerks or constables belonging to such office,
and as often as he or she shall change his or her place of abode shall imme-
diatdy give a like notice according to sudi new place of abode ; and as often
as soeh notaee shall be given such divisicaial justices or any of them shall
goat a eertifieale to sodi person or persons of his, her, or their having given
sadi notioe, for whidi certificate such person or persons shall not be liable to
pay uiy fee or reward ; and everj sudi person who shall fail in giving such
notiee shall upoa conviction thereof forfeit the sum of five poundsi
LL AsD be it further enact^l, that as often as any of the said jiersons no
Quired to give sach notice «^haU have in h», her, or their jtf/^f^foi any
9X)ds or diattels, and aft^r recei^-in;;^ a printeA f/r written mfiiof: of such gorids
Qt chattels being stolen, with a d<^:$seri[ition tb^st^of, shall wilfully omit or
11 H 2
inflinti£&,
where there
appean pro-
lieble cause for
doing the act
eompbuDed o^
to hare only
64/. daiDiges,
&c.
Peitttty 00 any
mg stolen
goods* &ۥ
toghre
Dolieeof
Mch penofM
hzring «t//kn
dtutti them OS
iK4iee,aad
•484
48 George III. c 140.
A-D. 1808.
'whom they
wero received,
&c.
Constahles to
search for con-
cealed arms, &c.
Nightvalkers,
&c. to be
Apprehended,
and, in default
of giving se-
curity for good
behaviour, to be
deemed rogues
and vagabonds.
refuse to make discovery to the divisional justices of the division in iphich he
or she shall reside, or to some of them, of so having the same in his or her
possession, and of the person or persons from whom he, she, or they received
them, or shall, on being duly required by notice in writing signed by any of
the said divisional justices, neglect or omit to attend at the office of his or her
proper division at such time as shall be mentioned in such notice or order, or
refuse to be examined concerning the same, every such person shall upon
being convicted thereof forfeit the sum of fifty pounds, and the value of such
goods and chattels ; and if he, she, or they upon requisition made by any of
the constables to produce the same shall omit or refuse so to do, every
person so offending shall, upon being convicted thereof, forfeit the like sum
of fifty pounds, and the value of such goods-and chattels ; and if such person
shall be unable to pay such fine or penalty, he or she shall be committed to
the ho\ise] of confection for any time not exceeding six months, at the dis-
cretion of the divisional justices before whom such person shall have been
convicted.
LIL And be it fuilrher enacted, that it shall and may be lawful for the said
constables or any of them, being thereto duly authorized by the warrant of
any of the divisional justices appointed under this Act, to search all suspected
places in such warrant mentioned for concealed arms ; and if such constables
shall thereupon find any gun, pistol, sword, blimderbuss, pike, dagger, or
hanger, or other arms in the possession of any person not qualified by law to
bear or carry arms, he is hereby required and authorized to seize and carry
the same to the publick office of such division, and the justices of such divi-
sion are required to send such arms so seized to his Majesty's arsenal, to be
appUed to the use of his Majesty, his heirs and successors ; and the person in
whose possession the said arms shall be so found shall find sureties for his or
her good behaviour for three years, or shall be committed to prison by the
said divisional justices or any one of them until he shall give such security :
Provided always, that no such warrant shall be granted except on the infor-
mation given to the said pai-ties or any of them upon the oath of one or more
credible witnesses that to the best of his, her, or their knowledge and belief
such unqualified person is in possession of arms as aforesaid.
LIIL And be it further enacted, that all nightwalkers, all persons noto-
riously suspected of being thieves, and all persons gaming or tippling in the
publick streets, bye places, or fields within the police district of Dublin
metropolis shall or may be apprehended by any of the said constables, or by
any patrole or watchman, and carried to the publick office of the division ;
and if any such person shall not give security for his or her good behaviour,
he or she shall be adjudged, deemed, and taken to be a rogue and a vagabond
within the meaning of the statutes in that behalf in force in Ireland ; . • •
AU crimes
committed on
or within the
circular road to
be tried, &c. as
if committed
in the county
of the city of
Dublin.
LVII. And for carrying into execution the good purposes of this Act, be it
enacted, that all treasons, felonies, misdemeanors, crimes, and offences what-
soever which shall hereafter be done or committed in any place situate in or
upon any part of the circular road surrounding the city of Dublin, or in any
place situate within the limits circumscribed by the said circular road, shall be
LD. 1808.
48 George III. c. 140.
485
prosecuted, proceeded on, and tided in the same court and courts, and in the
same manner in all respects, as if the same had been committed within the
eounty of the city of Dublin, and shall be laid in any indictment to have been
committed within the said county of the city of Dublin ; and that as to the
prosecution, apprehension, and trial of all persons charged with any of the said
crimes or oflFences hereafter to be committed, the said circular road and eveiy
place lying within the same shall be apd be deemed and taken to be part and
parcel of the county of the city of Dublin ; and that the sessions of the peace
for the county of the city of Dublin shall not be adjourned for any greater
lengih of time than from six weeks to six weeks, and that it shall and may
be lawful to hold the said sessions during the law terms ; provided, however,
that nothing herein contained shall prevent the holding of the sessions of the
peace for the county of Dublin in the usual place for holding the same, or
shall in anywise affect the prosecution or trial of any person accused of
having committed perjury on any trial held before a jury of the county of
Dublin, but that all and every the said matters shall proceed as if this Act
had not passed.
LVTII. And whereas the continuation of the said ' circular road is inter-
rupted by his Majesty's park called The Phoenix on the west side of the said
city, by reason whereof doubts may arise as to divers parts and places adja-
cent thereto whether the same ought to be deemed and taken to be within
the limits surrounded by the said circular road or not : For obviating of which
doubts, be it enacted, that where the said circular road is so interrupted on
the west side of the said city, the wall bounding his Majesty^s said park The
Phoenix on the east side of the said park, and extending from the said circular
road where the same meets the said wall on the south side of the said park to
the said circular road where the same meets the said wall on the north side of
the said park, shall as to the said purpose be taken and considered as and in
the place and stead of the said circular road ) and that all places which would
be within the limits surrounded by the said ciixmlar road if the same were
continued in the line in which the said piece of wall now runs, shall for the
purpose aforesaid be deemed, taken, and considered to be within the limits
smrounded by the said circular road ; provided, however, that nothing in this
Act contained shall in anywise be construed so as to prevent any offence from
being prosecuted or tried in the county of the city of Dublin which woifld by
law have been so prosecuted or tried if this Act had not passed
UX. And whereas by the provisions of this Act the duties of the recorder
of the city of Dublin will be considerably increased : And whereas his present
salary is inadequate to the trouble and importance of his office : Be it there-
fore further envied, that it shall and may be lawful for the lord lieutenant or
other chief governor or governors of Ireland for the time being to direct the
yearly smn of one thousand pounds, dear of all taxes and deductions, to be
paid out of the funds applicable to the expences of the said police establish-
ment to the said recorder of the city of Dublin, clear of all taxes and deductions
whatsoever, in augmentation of his salary.
Sessions for the
county of the
city of Dablin.
Deftoitioo of
the circtthur
road on the
west side of the
eity, for the
purpose afore-
said.
This Act not to
al&ct offences
otherwise tria-
ble in the said
county.
Loid fieatenant
cnipowered <Hit
of police fundM
to inereaMe re-
corder's salary.
LXY. And be it ^lacted, that no person shall
cany on the business of a pawnbroker within the said circular road or within
Koperaoo to
carry obIIm
bnsoieasof a
486
48 GEORaE IIL c. 140.
A.D. 1808.
pawDbroker
without a
licence.
Person re-
quiring licence,
to deliver at
the head office
a note of his
place of abode,
&c.;
whereupon a
licence shall be
granted.
44 Geo. 3.
c. ;LxiL
Licences to
contain de-
scription of
the person
licensed, &c.
eight miles thereof, unless he shall have a licenoe
of force for that purpose under the provisions of this Act
LXYL And be it farther enacted, that every such person or persons as afore«
said, before he or she shall hawk, sell, or expose to sale any of the several goods, wares,
and merchandizes herein-before mentioned respectively within the said limits respec-
tively, shall deliver or cause to be delivered to the said divisional justices of the said
Castle division, or to some one of them in the said head office, a note in writing under
his or her hand, or under the hand of some person by him or her authorized in that
behalf, of what goods, wares, or merchandizes he or she intends to hawk, sell, or expose
to sale ; and JEep., Stat. Law Rev. Act, 1872 (No. 2). J before any person shall
carry on or exercise the business of a Jpawnbroker within the said limits in
that respect above mentioned, he or she shall deliver to the said divisional jus-
tices of the said division, or some one of them in the said general office, a note
in writing imder his or her hand, of his or her place of abode, and of the place
where he or she intends to carry on the business of a pawnbroker ; • . • .
and thereupon a licence or licences shall be granted by the
said divisional justices of the said Castle division, or any of them, unto him or
her for exercising the business of a pawnbroker,
for which he or she shall, previous to the issuing
thereof^ pay or cause to be paid to the said receiver of the said public offices
the respective duties made payable in and by an Act made in the forty-
fourth year of his present Majesty's reign, intituled "An Act for the better
" defraying the charges of preserving the peace within the city of Dublin
*^ and the district thereof, and establishing a parochial watch therein," or
which shall hereafter be payable for the same, or any of them, and which
shall be applicable to the purposes of this Act; which licences shall be in
force until the twenty-fifth day of March next after the same shall he
granted.
LXYIL And be it further enacted, that the said divisional justices shall
insert in such licences as they shall so issue or grant the age, place of abode,
and particular description of every person to whom such licence or licences
shall be granted pursuant to this Act, and shall number each licence, and keep
or cause to be kept particular entries of such descriptions and licences ; and
that the receiver shall keep separate and distinct accounts of the duties payable
thereon and applicable to the purposes of this Act.
Penalty for
acting as
pawnbrokera
without a
licence.
Power of jus-
tices as to
pawnbroker
under IrishActs
S5Qeo.3. c. 86.
and 36 Geo. 3.
c, 80. to vest in
justices under
this Act.
Penalty on
forging
licences.
LXIX. And be it further enacted, that if any person shall exercise or carry
on the trade or business of a pawnbroker within the said limits] respectively
without such licence as aforesaid, every such person* upon being convicted
thereof shall forfeit the sum of fifty pounda
LXX. And be it enacted, that all powers and authorities now in force and
vested in the divisional justices under the said Acts of the thirty-fifth and
thirty-sixth year of his Majesty's reign, shall from and after the passing of
this Act, in every case relating to the business of a pawnbroker, be vested
in the said divisional justices to be appointed by virtue of this Act, in ib&i
respective divisions from time to time.
• LXXV. And be it ftirther enacted, that if any person shall forge or counter-
feit or cause or procure to be forged or counterfeited any licence of the said
AJ). 180a
48 Geobqe III c. 140.
487
diyisional justices or superintendant magistrate or of any of them, or shall
hawk aboat> sell or expose to sale any goods^ wares^ or merchandizes before
mentioned, with any such forged or counterfeited licence, knowing the same to
be foiged or counterfeited, every such person on being convicted thereof shall
forfeit the sum of fifty pounds ; and for want of sufficient goods to satisfy the
said penalty, such offender shall be committed to the common gaol or house of
eorrection for any time not exceeding twelve or less than six months, at the
discretion of the justice or justices before whom such offender shall be so
convicted
Trials, &c. for
offences, where
to be held.
Becovery and
application of
penalties.
ICXVIII.*J And be it enacted, that in all cases not herein otherwise par-
ticolarly directed, all trials and convictions for any offences or offence against
this Act wluch shall be committed within the police district of Dublin metro-
polis shall be had and made respectively in the offices of the divisions in which
they shall respectively be committed, before not less than two of the said
diyisional justices in said divisions respectively ; and where any such offence
shall be committed without the said district the trial and contdction for such
offence shall be had and made before any justice of the peace ; and in every of
the said cases, whether the offence shall be committed within or without the
said police district, the fines, penalties, and forfeitures thereon respectively
payable shall, if not forthwith paid, be levied by distress and sale of the
offender's goods, by warrant under the hands and seals of the said justices or
justice before whom such conviction shall be made respectively ; and all fines,
penalties, and forfeitures payable under this Act shall in all cases not other-
wise particularly directed, where the same shall be at the prosecution of an
informer, be paid,afler deducting the necessary costs of recovering the same,
in whatever mode the same shall be, one moiety to the receiver of the said
publick offices, and the other moiety to the informer or person who shall sue
for the same ; and that all fees, and also all fines, penalties, and forfeitures
payable under this Act, other than such as last before mentioned, shall be paid
to the said receiver ; and all sums so paid to the said receiver shall go to and
constitute part of the fund applicable to the support and establishment of the
police of the said police district of Dublin metropolis.
CXIX. And be it enacted, that in all cases of complaints or informations
nnder this Act for any offence for which any fine or pecuniary penalty is to be
imposed, the informer or prosecutor shall be admitted a competent witness to
prove the offence ; and his testimony, if believed, shall be sufficient for that
purpose without any other evidence.
CXX. And be it fiirther enacted, that no conviction to be had before any
divisional justice or justices to be appointed under this Act, or any affirmation
or reversal thereof upon appeal, shall be removed by certiorari or otherwise into
any of his Majesty's superior courts.
• # • #* * • • •
CXXIL And be it further enacted, that where any distress shall be made. Persona di»-
OT any person or persons apprehended by virtue of this Act, the taking' of training, &c.
such person or persons or of such distress shall not be deemed imlawful, nor deemed tres-
I* So much as directs or requires that in the cases mentioned in this section there
iW be two divisional justices, rep., 5 Geo* 4. c. 102. a 6. J
Informer to be
competent 'wit-
ness.
No convictioni
&c. to bo re-
moved by
certiorari, &c.
r
r
passers ab
irregularity.
Ilepatation to
be sufficient
evidence of
ofGcen au-
Penallj on
persani taking
or nabomiag
others to take
&1bo oatha.
488 48 Geohqe III. & 140, 141. A.D. 1808.
, the party or parties taking the aatne be deemed a trespasser or trespassers &b
initio, on account of any irregularity which shall be afterwards committed by
the party taking such person or persons or distress ; hut the person or iiersons
aggrieved by such irregularity may recover satisfaotioD for the special damage
only by action on the case.
CXXIII. Akd be it further enacted, thai if it shall become necessary to
prove the power, office, authority, or appointment of any of the divisional
justices or constables, or of the receiver, or of any other officer or iwrson
appointed or acting under or by virtue of this Act as aforesaid, it shall io oil
cases be sufficient, to all intents and purposes, to prove that such persoii or
persons at the time in question was or were commonly known or reputed to
bold such office or situation respectively ; and it shiRl not in any such case k
necessary to produce or prove any appointment or qualification whatsoevtr
of such person or persons.
OXXTV, And be it enacted, that if any person or persons who aliall take
any oath in pursuance of this Act shall wilfully swear falsely therein, and
shall be thereof lawfully convicted by verdict or confession, any such person
so offending shall for any such offence incur and suffer such penalties, pains,
and disabilities as persons convicted of wilful and corrupt peijuiy are or slul)
be liable to by any law then in force in Ireland ; and if any person or persons
shall procure or suborn any other person to take such false oath, and sliall be
thereof convicted by verdict or confession (whether the person having taken
such false oath shall be previously convicted or not), any such person so pro-
curing or suborning shall for every such offence incur and suffer such penaltiea,
forfeitures, pains, and disabilities as pej^ons convicted of subornation of perjury
are or shall be liable to by any law then in force in Ireland.
CXXVII. And be it enacted, that tiiis Act shall be deemed and taken to 1je
a public Act, and shall be judicially taken notice of as such by all judges,
justices, and othera without being specially pleaded.
be appointed,
and duties lo
be asaessed, &c.
according to
the folio niDg
rules.
CHAPTER CXLI.
An Act to amend the Acts relating to the Duties of Assessed Taxes, and d
the Tax upon the Profits of Property, Professions, Trades, and Offioo^
and to regulate the Assessment and Collection of the same.
[2dJulyl80a]
TITHEREIAS it is expedient that certain of the powers and provisions for
' * assessing and collecting the duties under the management of the cffln-
missioncrs for the affairs of taxes in Great Britain should be varied and
amended in the particulai-s herein-after mentioned: May it therefore please
your Majesty that it may be enacted, and be it enacted by the King's mmt
excellent Majesty, by and with the advice and consent of the lords spiritml
and temporal, and commons, in this present Parliament assembled, and by the
authority of the same, that from and after the period appointed for the eom-
menceraent of the rules contained in this clause all appointments of assessors
shaJl he made, and also alt notices required to be affixed on any place, or to be
delivered to or served on any person or persons for the purpose erf i-etuming <a
A-D. 1808.
48 George III. c. 141.
480
estimaiing the said duties respectively, shall be affixed^ delivered, or served,
and all assessments of the said duties or any of them shall be returned,
estimated, ascertained, and made, and the said duties shall be collected, levied,
paid over, and accounted for, under and subject to the following rules and
directions, which shall be deemed a part of this Act, as if the said rules and
directions had severally and respectively been inserted herein under a special
enactment
No. I.
Rules and Dibections for appointing Assessors of the Duties under the
Management of the Commissioners for the Affairs of Taxes after the
Expiration of the Year One thousand eight hundred and eight.
First — It shall be lawful for the respective commissioners acting in the
eiecation of the several Acts relating to the said duties respectively, and they
are hereby respectively required, to appoint assessors for each parish, ward,
and place within their re.«ipective divisions before the commencement of each
year for which such appointment shall be made, and to do and complete all
acts necessary to such appointment, so that the assessors to be appointed may
enter on their office on the sixth day of April in each year, pursuing in all
other respects the directions contained in the said Acts respectively in relation
to sach appointments ; which appointments shall be and continue for and
during the year to commence on that day, and until other assessors shall be
appointed for the same parishes, wards^ and places^ and for the same duties
respectively.
Second. — In and for every parish, ward^ or place wherein assessors shall not
be appointed before the sixth day of April in each year to serve for the year
ensuing as aforesaid, the last appointment of assessors for the same parish,
irard, or place (whether such appointment shall have been or shall be made
under any of the Acts in force at the time of passing this Act, or under this
Act,) shall continue in force until other assessors shall be appointed for the
same parish, ward, or place, and for the siune duties respectively according to
the directions of the said Acts.
Third. — In case the assessor or a&sessors appointed for any former year shall
be dead, or be removed from or be otherwise unfit or incapable to act for the
parish, ward, or place for which he or they shall have been appointed, and in
de£aiult of such appointment of assessors as aforesaid for the year ensuing for
the same parish, ward, or place, and for the same duties respectively, then and
in every such case the last appointment of a collector or collectors of the same
duties for such parish, ward, or place (whether such appointment shall have
been or shall be made under any of the Acts in force at the time of passing
this Act, or under this Act,) shall continue in force until assessors shall be
^pointed for the same parish, ward, or place, and for the same duties respec-
tively, according to the directions of the said Acts ; and every such collector
shall in every such case during such continuance in his office of collector do,
perform, and execute all such matters and things as are directed by the said
Acts or this Act to be done, performed, or executed by assessors ; and all parts
of the said Acts or this Act relating to and applied to assessors shall in every
such case be constmed as applicable to and be in like manner and to the like
intent applied to such collectors ; and the powers contained in the said Acts
or this Act shall be as fiiUy and amply exercised and practised by such coUec-
AMesaon to
be appointed
before the 6th
of April yearly.
Id defiinlt of
such appoint-
ment, the last
appointed
aweisflors shall
act;
and if they
cannot, then the
last appointed
oollecton.
490
48 George III. c. 141.
A.D. 1808.
Snch assessors
and collectors
liable to penal-
ties for refusing
to act.
In certain
cases smreyor
to act as
assessor.
Commissioners
to give notice
to former as-
sessors or col-
lectors of con-
tinuance in
office, &c.
tors as if the same powers had been expressly given to the said collectors by
the said Acte or this Aci
Fourth. — ^All penalties imposed by any of the Acts in force at the time of
passing this Act on assessors for refusing or neglecting to take upon themselves
the office of assessor, or to perform their duty therein as prescribed by the said
Acts respectively, shall be in the like cases imposed on assessors appointed
according to this Act for neglecting to take upon themselves the office of
assessor, or to perform their duty as prescribed by this Act ; and every such
collector as aforesaid on whom the duty of assessor shall have devolved in
pursuance of this Act shall be subject and liable to the like penalties for the
like neglect of duty.
Fifth.— ^In every parish, ward, or place where assessors shall not be appointed
in pursuance of this Act, or being appointed shall not have taken upon them-
selves the office on or before the commencement of the ensuing year, or where
the assessors or collectors for any former year on whom the duty of asesssor
shall have devolved shall not have taken upon themselves the office of assessor
on or before the commencement of such ensuing year, it shall be lawful for the
surveyor of the district and he is hereby required to execute the duty of
assessor for such parish, ward, or place until assessors shall be appointed who
shall duly take upon themselves the said office.
Sixth. — ^In every notice of continuance in office of any assessor or collector,
the respective commissioners who shall cause such notice to be given shall
require the attendance of such assessor or collector on a day and at a place
within the division to be named in such appointment or notice, then and
there to receive and take charge of all such notices and papers as shall be
delivered to them respectively for the due execution of the said Acts in
manner herein-after mentioned, which day shall not be later than seven days
after the fifth day of April in each year ; and in default of such notice beiog
given by such commissioners it shall be lawful for the inspector or surveyor
of the district to give such notice and to require the attendance of such
assessors or collectors on a day and at a place within the division to be named
by the said inspector or surveyor for that purpose.
No. II.
Rules and Directions for Service of Notices to Persons liablje to be charged
to the said Duties or any of them.
Surveyors or First — All noticed relating to the said duties or any of them requiring to
JSf^^no^^ ^ affixed on any place, or to be delivered to or otherwise served on any
person or persons for the purpose of returning or estimating the said duties
respectively, shall be delivered 'by the respective surveyors of the districts in
which such notices are required (or by the inspectors for the same districts, or
by any other inspectors or surveyors of the same duties, duly authorized to
take diarge of such districts respectively, by or under the commissioners for
the affairs of taxes, or any three or more of them,) to the respective assessors
appointed or acting in pursuance of this Act, or to the respective collectors
on whom the duty of assessor shall have devolved as aforesaid, for the purpose
of serving the same on the respective persons liable to the said duties in the
manner required by the said Acts.
papers to
assessors to be
served by them.
jld. i8oa
48 Qeorqe IIL c. 141.
491
Second — ^All such notices shall be delivered to such asROHRorn or coUoctiOrM TInio of
as aforesaid on or as soon after the sixth day of April in each year aH thi) Naiiui **"l'^^'*>'
can be done ; and the delivery of such notices by such inspoctorH or Hurvi^ydrn,
or any of them, shall be as effectual as if the same had been dolivenul by tho
commissioners of the division according to the directions of thu Haid Acl^
Third. — ^The said assessors and collectors respectively aro hereby rcMjuin'd An-nMom iiml
to observe such directions as may from time to time bo given to tliom by iho .IlhJ^v«'"lMr
said inspectors and surveyors in all matters touching the timo and maniior HlnufiouNof
of fixing or delivering or otherwise serving such notices and tluj porn^mH on ,i,"'j "uJ'vp/om
whom the same are to be served, such directions having been j^revlouHly wmjh f""!"'''^"*^
and allowed by the commissioners acting for the division in which the Hai<l
inspector or surveyor shall actb
No. IIL
Rules and Directions for making and returning the Certificatr^H of Amn4*hh-
ment or Certificates of Estimates by Assessors acting under tbo mUl
Acts, and for making and collecting the First AssessmcntM in oach Yean
Rrst — ^The assessors of the said respective duties shall deliver th<;ir ca'HUU TttiuytftUi
cates to the respective commissioners on or before the day which Niich v/tui" l^ll'^'^J!!^.
missioners shall appoint for that purpose yearly, which day «^> to \tii ajtjHnttU'A w^'*'
for the delivery of the certificated of assessment of the duiu^ r/f tu^ntsmiA Utxtm
shall not be later than the twentieth day of June in each year (ff Hi^^mff$tst$i; '
and the day to be appointed for the delivery r/f the &sriificaU:H f/f i*MitutH>U^
of property or profits of professions, trades, and ofHeen s^jall n//t \Ai UiU^r ihfui
the twentieth day of July in the same year; on which dayii r^r<(^4^ively
the said assessor shall albo deliver to iiih re^^^ive ('//tti\m''MUftti'X^ all Um5
letums or stat^nents relative to the eai/1 r^'q^;>ctive duti^;^ f/i^k t// tf>^; ^uS
assessors bef<we the Tes^rctWe day«5 v> AyynuuA ; and all ll*/; ridftn$>. SkUf\
statements made by the parties to l^e charged, which *iiAJI f/<; AhVr/t^iA nXuif
that day, shaD be delivered to th^ re*Tjeet;ve r://r/#rij;<j>Jowrr<,
Second. — In all ca^es relating to the *\ **!>■:*. of a*'/;^>y| ist.x^^^, ^K'^re ♦>*/? I^v:^ ^/f
aasessmr or aasessors iall n^ have Wie^I v*;^] ar, y r^^/irti U*,u% ar^y u^tr^ff* f/f ****' ^^ '^*"'*'
persons Bable t*> be cLarz-^ to the «i&.'d ''\w\f^.*./X *'u>^\ }^, i^'»t,l f^/r r,/h iu.,.»// #**.,/^.
assessor or aaees&:;s azici be ar-i tL^T I^ str^i are K r/';',y r^. /.t^A U, ttX/i. ^ ^
true aseesemesl en frscL j:#^t*»',g \r j>:rv,r^«^ *// 1?^ *>«M *X }..*. *ff u-'^r ,V.fv///,4^
ti<m and ju'i^liLriit cf Vj* rabl 'hjus'z-^ »r,>f. '.'\t\ */, f/-. ,';.%v»//' :a/\ j. ^,
therespecdT^ ^A-r^s^.^r *cj&I, .v.c r^^e /->•>: '*^ ifcr./ ^V/.^v -;.-•, f • ,rr.'. ;&/.;/ p^^*/
cr parties Ifaica^ v. ',#=: d:a,'gcfi v, v«^ <it*i': ^ /*'.•;», /t <.'.Aw v^ ,jit »' * .. J'/f ♦'- \ /a 'f
assesEcr <cr aaiK9»:!rt v, e^r^ u.ivt v.c \r yf':r,j \i *^,fx. ;a/* >- :^>^j/fi . f x^A
the pfTj|>gr7T :c 'vvdnA c f.^ '/•<•" ;a«''^ 'r;A-*'>^, » '/^ * ;*- ^v/, -•, »\ '^a/x-,
a retETs. S:r "lias T -iju* v.'-n • .^ir ^^^^^^^z' 'r ^t^j. >>./,*' 'vt *^^-,•^ v, "•• *'a. \
^here At r*scei5:-"'i ♦rn:::;- - i r**;'* o-Jt.". 4*i//, xtf "-^-^k />/*>- ••// */ / /^'a//'-' *-^.<*,
it JiaD lit J&^V^ 5 r -i.:*^ tft.it •',-.,f'^* '\ */r: '■ j-^ r/^^>'*» V^ v.v •> Ir/ i*.,./vsrw.-/v^^
492
48 George IIL c 141.
A.D. 1808.
FintasaesB-
mcnts to be
mitde vithout
indading mal-
amount as the said parties respectively wei-e charged in the last
the said duties for the said division or according to the best of their judgment,
subject to alteration by appeal or surcharge in the tnauner directed by the
Acts relating to the said duties.
Third. — The first assessments to be made of the said duties or any of them
for any year shall be made according to the estimates or returns an<l assess-
ments mentioned in the precediog rule, without including therein any matten
of surcharge by the inspectors or surveyors ; "which first assessanentH respec-
tively shall be separately and distinctly collected, and shall be contained in
the first duplicates to be delivered to the collectors and surveyors for Umt
year, and shall be collected and leried in moieties on the days hereln-afler
mentioned ; that is to say, one moiety of the duties of assessed taxes, if not
sooner paid or satisfied according to the directions of the said Acts respec-
tively, shall be collected or levied before the tenth day of October in each
year of assessment, or vithin twenty-one days thereafter, and the otlier
moiety thereof before the fifth day of April following, or within tweutj-orie
days thereafter ; and one moiety of the duties on property, professions, trades,
and offices, if not sooner paid or satisfied as aforesaid, shall be collected, Icviei!,
or paid before the fifth day of January in each year of asse^ment, or within
twenty-one days thereafter, and the other moiety thereof before the fifth day
of July following, or within twenty-one days thereafter : Provided always,
that nothing herein contained shall be construed to alter the times or propor-
tions at which the siud duties are payable according to the directions of the
said Acts respectively, or in any way to impeach or afi'ect the powers or
provisions of the said Acts for the recovery of the said duties at such ttmee
and in such proportions as arel therein prescribed; and the said respective
duties shall be deemed payable quarterly at the times mentioned in the said
Acta, by four instalments, and it shall be lawful to demand, receive, or levy
the same according to the said Acts, anything herein contained to the contrarj-
notwithstanding.
Fourth. — In order that due time may be given for hearing appeals against
such first assessments, the respective commissioners are hereby required and
strictly enjoined to deliver, in all cases relating to the duties of assessed taxes,
their first duplicates thereof to the respective collectors on or before tJio
twentieth day of July in each year, with directions to cause public notice
thereof to be given in the parish, ward, or place to which such duplieatts
relate, to which duplicates in the hands of such collectors all persons interestwl
shall have access, and may examine the same at any reasonable time in tlie
daytime ; and in all cases relating to the duties on property, professions,
trades, and offices the respective commissioners shall, as and when Uiey shall
make an assessment on any person or persons, cause a notice thereof to ije
giveti in the manner directed by the Acts relating to the said last-mentioncd
duties, to the party or parties charged in and by such assessment, within thi^
space of three days after making such assessment, and so from time to tiuio
until all such assessments shall be made, in which certificates shall be iusert<.'d
the times limited for hearing the appeals therefrom.
Fifth, — All appeals against such first assessments shall be entered, and du^
notice thereof given within the respective times herein-after limited ; that ii
to say, in all cases relating to the duties on assessed taxes within twenty
•J
A.D. 1808.
48 Gjsorge IIL a 141.
493
eight days after the delivery of the duplicates of the first assessments to the
respective collectors of the parishes, wards, or places for which such assess-
ments shall be made; and in all cases relating to the duties on property,
professions, trades, and offices within fifteen days after the date of the notice
of such first assessment to tiie party or parties charged therewith.
SixtL — All appeals against such first assessments of the duties of assessed
taxes in any year shall be heard and determined between the twentieth day
of August and the tenth day of September following, and on such day or days
within the time herein limited as the commissioners of the divisions shall
appoint, whereof they are hereby required to give notice in the manner in
which such notices have usually been given in the several parishes, wards,
and places in their division ; and all appeals against such first asse^raents of
the duties on property, professions, trades, and offices in any year shall be
heard and determined as soon after notice thereof shall be given to the respec-
tive commissioners as conveniently can be done ; and for that purpose the said
respective commissioners, or two of them at the least, shall meet together
within eight days after any such notice of appeal shall have been received by
them, and so from day to day, or from time to time at reasonable intervals,
with or without adjournment, untiL all appeals against such first assessment
shall be heard and determined, of which day or days of appeal the said
respective commissioners shall cause notice to be given to the respective
appellants : Provided always, that in every case where the party assessed
shall be prevented from appealing within the time herein limited, or from'
attending in person at the time limited for hearing the appeal of such party,
by absence or sickness or other sufficient cause, to be proved before the
respective commissioners! on the oath or solemn affirmation of the party, it
shall be lawful for the respective commissioners to enter such appeal after
the time herein limited, or to postpone the hearing thereof for such reasonable
time as shall be necessary, so that no delay shall be thereby occasioned in the
payment or collection of the sums contained in the said first assessment.
Seventh. — ^The said respective commissioners shall cause to be delivered to
the respective collectors their duplicates of the first assessment, including in
such duplicates as well all such matters as have been appealed against and
determined by the said commissioners as all such matters as have been
assessed and not appealed against ; and all such duplicates shall be delivered
within the respective times herein-after limited ; that is to say, the duplicates
of the duties of assessed taxes on or before the twentieth day of September
yearly, and the duplicates of the duties on property, professions, trades, and
offices on or before the twentieth day of December yearly ; to which duplicates
respectively warrants shall be annexed for collecting the duties therein
contained within the times respectively before prescribed.
Eighth. — All such assessments which shall not have been made on or before
the twentieth day of September in respect of the duties of assessed taxes, and
the twentieth day of December in respect of the duties on professions, trades,
and offices, or against which any appeal shall be depending on those days
respectively, shall on the making or determining the same from time to time
be added to such first assessments and to the respective duplicates thereof ;
and the duties therein or the moieties thereof which ought to have been
previously collected or paid, shall be collected, levied, or paid on or before
TimeofheariDg
appeals.
Time of
delivering
duplicates.
Assessments
not then made
or determined
shall he added
to first assess-
ments.
494 48.GEOEGE III. c. 141. A*D. 1808.
such day or clays as the respective commissioners shall order by their warrant
annexed to the duplicates of such , added assessments, such day not being later
than twenty-one days after the making such assessment or determining the
appeal thereon.
Assessroente Ninth. — Whenever any assessment of the duties on professions or trad»
ber,&c.8haHbe shall be made within the time herein limited, under a number or letter, the
added to first game shall be included in or from time to time added to such first assessmeats,
and paid into ^^^ ^be said dutics shall be paid either into the Bank of England or to ihe
Ae ^^CT ^ recieiver general or his deputy in the like proportions as aforesaid on or before
general, &c. the day or days herein appointed for collecting such duties by the respective
collectors, and the said commissioners shall direct and order the same to be
paid accordingly ; and in default of such payment the said respective com-
missioners shall cause the said assessments to be added to the duplicates in the
hands of the respective collectors to whom the collection of the duties assessed
on persons by name shall have been intrusted to be collected, by the same
ways and methods and under the like powers and provisions aa such last-
mentioned duties are directed to be collected.
No. IV.
RlTLES and Directions for making and collecting the Supplementary
Assessments in each Year.
Time of deliver- First. — If any inspector or surveyor shall have surcharged any person or
o^urcha^e. persons for any matter or thing for which a surcharge is allowed by the Acts
relating to the said duties respectively, it shall be lawful for such inspector
and surveyor to deliver his or their certificates of surcharge, explicitly stating
the particulars in respect to which such surcharge has been made, to the
respective commissioners in respect of the duties of assessed taxes at any time
' on or before the fifteenth day of December in each year of assessment for tbe
whole of such ydar, and in respect of the duties on property, professions,
trades, and offices at any time after the time herein prescribed for making
the first assessments of the said duties for that year, and from time to time
until the commissioners shall have completed all the assessments of their
division for that year, and shall have delivered in the manner directed by
the said Acts the duplicates thereof and the same shall have been entered
of record in his Majesty^s Exchequer ; which certificates of surcharge shall be
signed and allowed by two of the respective commissioners under the re-
strictions and subject to appeal under the conditions prescribed by the said
Acts respectively.
Time of making Second. — All appeak against such surcharges relating to the duties of
appeals from asscssed taxes shall be heard and determined by the commissioners of the
surcharges. ... . ^
• division, or any two or more of them, between the twentieth day of Januaiy
and the twentieth day* of February following ; and all appeals against such
surcharges relating to the duties on property, professions, trades, and offices
shall be heard and determined according to the directions of this Act before
prescribed in respect of appeals against the first assessments of the same duties
by the respective commissioners : Provided always, that in every case where
the party surcharged shall have been prevented by absence or sickness or
other sufficient cause, to be proved before the respective commissioners on the
oath or solemn affirmation of the said party, from appealing within the tune
jLD. 180&
48 George TII. c. 141.
495
herein limited, or from attending in person at the time limited for hearing snch
appeals, it shall be lawful for the respective conmiissioners to enter such appeal
after the time herein limited, or to postpone the hearing thereof for such
reasonable time as may be necessary.
Third — The said certificates of surcharge amended according to the deter-
mination of the respective commissioners shall be a sufficient authority to
them, and they 'are hereby required, to cause supplementary assessments to
be made out of the said. duties respectively, including therein all matters so
surcharged, as -well such matters as have not been appealed against as the
matters determined by the said commissioners; which matters shall be
severally charged to the said duties respectively according to the said Certi-
ficates of surcharge, amended in cases requiring amendment according to
the determination of ,the said commissioners, and also including therein the
double duties or moieties or parts thereof assessed over and above the fates
of duty prescribed by the said Acts respectively, and also all fines and penalties
imposed on any person or persons by the said respective commissioners within
the year of assessment for ofiences committed against the said Acts or this
Act ; which double duties or moieties^ or parts thereof, and penalties shall
severally and respectively be added to such supplementary assessments, and
he collected therewith.
Fourth. — The duties and sums of money contained in the supplementary
assessments of each year which shall be completed within the time herein
limited shall, if not sooner paid or satisfied according to the directions of the
add Acts respectively, be collected and levied at the respective times herein-
before appointed for payment of the last instalment of the duties contained
in the first assessments of the said duties respectively for that year ; and each
assessment thereof shall be collected, levied, or paid in one sum.
Fifth. — In all cases where the said duties or any of them shall not have
been ascertained and assessed before the respective days appointed by this
Act for payment for the last instalment thereof, the same respectively shall and
may be assessed from time to time until a complete assessment be made, and
shall be collected, levied, or paid in one sum. within twenty-one days after
notice of the amount contained in the assessment thereof.
Sixth. — If any inspector or surveyor shall wilfully make any false and
vexatious surcharge of any of the duties contained in any of the said Acts,
or shall wilfully deliver or cause to be delivered to the respective commis-
sioners for executing the said Acts or any of them any false and vexatious
certificate of surcharge of any of the said duties, every such inspector or
surveyor shall be liable to forfeit to the party aggrieved any sum not ex-
ceeding one hundred pounds, or treble the value of the sum claimed by such
surcharge, over and above the rate of 'duty charged by the said Acts respec-
tively, to be recovered by action of debt, bill, plaint, or information in any
of his Majest/s courts of record at Westminster for offences committed in
England, and in the court of great sessions for offences committed in Wales,
with full costs of suit ; and it shall be lawful for the party aggrieved to sue
either for the said penalty of one hundred pounds, or for the said treble value
nnder this Act, at his or her election ; and it shall also be lawful for the
judge before whom such inspector or surveyor shall have been convicted of
such offence in any such suit, either for the said penalty or treble value or
Supplementary
assessments to
be made out,
includiug sur-
charges, double
duties, penal-
ties, &c.
Supplementary
assessments to
be paid, at
latest, with the
last instalment
of the duties
in the first
assessments.
Assessments
not completed
within the time
limited to be
assessed from
time to time
and collected in
one sum.
Penalty for
false or vexa-
tious sur-
charges.
496
48 George III. c 141.
A.D. 1808.
Collectors to
pay the daties
on the appoint-
ed days^ and to
account twice
each year.
Payment of
duties, &c.
contained in
suppkmentaiy
assessments
Receipts to be
given for pay-
ments.
Collectors not
accounting for^
the full amount
shall deliyer a
schedule of
arrears.
any part thereof, by endorsement on the postea, or for the court before whom
such inspector or surveyor shall be convicted, by entry on the record, to
certify his or their satisfjEustion with such conviction ; and in every such case
the said certificate shall be an authority to the commissioners for the affairs
of taxes, and they are hereby required, to cause to be paid by the receiver
general of the county, riding, or division wherein such conviction was had,
out of any monies of the said duties respectively in his hands, such reasonable
expenses as the plaintiff shall have incurred, over and above the costs of suit
as aforesaid, the amount thereof being certified by the proper officer for taxing
costs of the court in which such suit shall be commenced to have been
necessarily expended, and allowed by such officer as between attorney and
client ; and every such inspector or surveyor shall after such conviction be
discharged from his employment. .
No. V.
Rules and Directions for paying to the Receiver General and accounting
for the Duties received by the Collectors.
First. — The several collectors shall pay to the receiver general or his deputy
all monies of the said respective duties which the said collectors shall have
received or levied by virtue of any of the Acts herein mentioned on the
respective days herein appointed for payment of the said duties or any of them
next after their repeipt of the same, and shall twice in each year account with
such receiver general or his deputy in the manner herein-after mentioned for
all such duties ; that is to say, for the duties of assessed taxes the said collectors
shall pay or account for one entire moiety thereof on the day to be appointed
next after the tenth day of October, and the remainder thereof on the day
to be appointed next after the fifth day of April in each year ; and for the
duties on property, professions, trades, and oflSces, the said collectors shall
pay or account for one entire moiety thereof on the day to be appointed next
after the fifth day of January in each year, and the remainder thereof on the
day to be appointed next after the fifth day of July following ; on which last-
mentioned days appointed for payment to the said receiver general or his
deputy of the said respective duties, videlicet, on the day appointed next after
the fifth day of April yearly for the payment of the last moiety of the duties
of assessed taxes, and on the day appointed next after the fifth" day of July
yearly for payment of the last moiety of the duties on property, professions,
trades, and offices, the full and entire amount of duties, penalties, and sums of
money contained in the said supplementary assessments of the said respective
duties shall also be paid to the receiver general or his deputy, or accounted for
to him or them in the manner herein-after directed ; for which payments the
said receiver general or his deputy shall give to such collectors receipts in
writing, distinguishing the amounts received for the duties on assessed taxes
from the amount received for the duties on property, professions, trades, and
offices, and from all other duties payable to his Majesty, and for which receipts
no stamp duty shall be charged or chargeable, any statut-e to the contrary
thereof notwithstanding : Provided that if any collector or collectors shall not
at or before the respective times herein-before limited have received or levied
the said respective duties, or shall not then account to the receiver general or
his deputy for the same in the proportions before directed, he or they shall
AS. I80&
48 George III. a 141.
497
deliver to the said receiver general or his deputy, at the reRpective times
appointed for such payments, or to the commissioners of the division, within
three days after the respective times aforesaid, a schedule in writing, signed
by sQch collector or collectors, containing the christian and surname of each
de&ulter, and the respective sums then in arrear from each such defaulter,
vith an affidavit subscribed, to be made on the oath or affirmation of the said
collector or collectors (which oath or affirmation may be taken before any one
oominisaoner of the division) that the several sums contained in the said
achediile have been demanded from and are due and wholly unpaid from the
respective persons charged therewith, either to such collector or collectors, or
to any other person or persons for such collector or collectors, to the best of his
or their knowledge and belief
Second. — ^Every such schedule being certified under the hand of the receiver
general or his deputy of the county or division where the said arrears accrued
to the Court of Exchequer at Westminster shall be received and taken as
sufficient evidence of a debt due to his Majesty, and shall be a sufficient
anthority to the barons of the said court or any one of them to cause process
to be issued against such defaulter named in the said schedules, to levy the
whole sum in arrear and unpaid by such defaulter ; and the sheriff or other
officer to whom the said process shall be directed shall without delay cause
the whole sum in arrear to be levied by due course of law as a debt to his
Majesty on record, with all costs and expenses attending the same, and
shall pay the monies so levied after deducting the said costs and expenses to
Ae said receiver general or his deputy, and shall make return of the said
process to the said court, according to the due course thereof : Provided that
every such schedule shall remain with the commissioners of the division for
the space of forty days before the certificate thereof shall be transmitted to
such court, during which period of forty days every such collector shall give
due notice of such schedule to the several defaulters named therein, in such
manner as the said respective commissioners shall direct, on pain that every
collector neglecting so to do shall forfeit the like penalty as is imposed on
oollectors by the said several Acts or any of them in other cases of neglect of
duty ; and it shall be lawful for every such defaulter within the like period
to pay his or her arrears to the said collector or collectors, whose receipt shall
be a sufficient authority to the said commissioners to discharge the arrears so
paid from the said schedule ; and it shall also be lawful for the said commis-
sioners, if they shall see cause, to issue fresh warrants to collect the said arrears
or any of them within the said period of forty days, and during that period
to use aU or any the means or methods prescribed by the several Acts relating
to the said respective duties for the recovery of the said arrears, or direct the
said Arrears to be levied by the respective collectors under their former warrant,
as shall be most expedient ; and all warrants to be issued for that purpose may
be directed either to the said collector^, or to the high constable, constables,
or other peace officers within the limits of their division, or any one or more
of them, or to any other person or persons whom the said commissioners shall
tihink proper, with authority to levy by distress and sale, in the manner
directed by the said Acts respectively, the sums in arrear, together with aU
costs and expenses attending the said process and the execution thereof; and
the sums so levied after deducting the said costs and expenses shall be paid to
vou rv. 1 1
The certificate
of such sche-
dule to be
ground of
process.
Schedule to
remain with
commissioners
for a certain
time, during
which commis-
sioners may
issue fresh war-
rants for col-
lecting the
arrears. &c.
498
48 George IIL c. 141.
A.D. 1808.
IL
which certifi-
cate shall be
a sufficient
ground of
process.
the receiver general or his deputy at such time and plaice as the said receiver
general shall appoint, and shall be discharged from the said schedule; and all>
high constables^ constables, and other peace officers within the said division
shall act in obedience to the directions of the said commissioners, and shall
execute all such orders and process as shall be to them or any of them directed
for the recovery of the said arrears : Provided also, that when the oommiB-
sioners of the division shall certify to the commissioners for the affairs of taxes
any reasonable cause for nonpayment of or for not proceeding to levy any
paxt of the said arrears included in the said schedule, and that they have good
reason to believe the same will be paid within a reasonable time, to be stated
in such certificate, it shall be lawful for the said commiBsioners of the division
to retain the said schedule in their hands for such further time. as shall be
necessary, and as shall be mentioned in their aforesaid certificate.
In defeult of Third. — In default of such schedule being delivered within the space of
finch Mh^ule three days as aforesadd either to the receiver general or his deputy or to the
receiver gene- said commissioners, it shall be lawftil for the receiver general to whom the
the defeuhto payments of the said duties shall not have been made in the proportions
the Exchequer; herein prescribed and at the times above mentioned, and he is hereby required,
to certify to the said Court of Exchequer the amount of the duties remaining
unpaid to the best of his knowledge and belief, and the particular ward, parish,
or place, and the division where such failure hath happened, together with the
names of the collectors of the said parish, ward, or place ; and such certificate
under the hand of such receiver general or his deputy shall be a sufficient
authority to the barons of the said court or any one of them to cause process
by way of distringas to be issued out of such court against the said collector or
collectors, upon which writ of distringas the sheriff or other officer to whom
the said process shall be directed shall return such issues from time to time as
such court or baron shall order, until a return of such schedule and arrears
shall have been made to the said court, and immediate process shall thereupon
issue for levying the said arrears out of and under the seal of such court, which
levy shall not be remitted unless all the said duties in arrear shall be paid or
satisfied before the return of such process.
Fourth. — On each half-yearly day of payment as herein is directed the sur-
veyor of the district shall on notice thereof from the receiver general or his
ceiver general, deputy attend with such of the duplicates of assessment as shall have been
delivered to him and as shall be required by the said receiver general or his
deputy^ and shall assist him or them in adjusting the accounts of payments
and of arrears, and shall also assist the collectors in making out their schedules
of arrears to the best of his judgment
Fifth. — ^The duties contained in any schedule of arrears as aforesaid which
shall be paid to such collector or collectors within the period of forty days
h8n^b«OT^M?d^ before mentioned, or within such further period as shall have been stated in the
certificate of the commissioners for the retention of such schedule as before
mentioned, shall be paid over to such receiver general or his deputy at such
time and place as the said receiver general shall appoint.
Sixth. — Whenever any collector or collectors shall have advanced and paid
to the receiver general or his deputy any sum of money for or on account of
the duties assessed on any other person or persons, whether at his or tiieir
request or not, it shall be lawful for such collector or collectors in default of
Surveyor to
attend and
assist the re-
payment over
to receiver
general of
arrears which
Collectors ad-
vancing duties
empowered to
levy the sum
advanced.
\
U). i8oa
48 George III. c 141.
499
repayment to him or them at any time within the space of six calendar months
ifter BUch payment to levy the said duties by the like ways and methods as
such collector or collectors might have levied the same before such payment
thereof to such receiver general or his deputy, and as if such duties had not
been paid oj* satisfied.
IV. And be it further enacted, that when the commissioners of any division
shall have fixed the day or days of appeal against the surcharges made by any
inspector or surveyor imder the said Acts or any of them, and shall have
caused due notice thereof to be given according to the directions of the said
Acts, and the said inspector or. surveyor having like notice thereof shall
wilAilIy neglect to attend the meeting or meetings of the said commissioners
held in pursuance of such notices whereby the commissioners shall be pre-
vented in proceeding to hear such appeals, it shall be lawfal for the said com-
missioners to allow to each appeUant attending such meeting a reasonable
compensation for such attendance, to be settled by the said commissioners and
paid to such appellants respectively by the receiver general of the said duties
or his deputy on the production of the certificates of any two or more of the
said conunissioners testifjdng such allowance.
T. And be it further enacted, that it shall be lawful to and for his Majesty,
his heirs and successors, or the lords commissioners of the Treasury, or any
three or more of them, now or for the time being, or the high treasurer for
fte time being, from time to time to constitute and appoint for England
ud Wales such person or persons, not exceeding ten in number at any one
fine, as his Majesty, his heirs and successors, or the said conmdssioners of
the Treasury, or the high treasurer for the time being shall think proper, to
be inspectors general for the special purposes of this Act herein-after specified
and declared, and to allow to such inspectors general such reasonable salaries,
diarges, and expenses as may be necessary for their pains in executing this
Act in the several particulars herein-after mentioned ; and no person to be
appointed inspector general .under this Act shall be entitled to amend any
assessment made under the said Acts, or to surcharge any person or persons in
respect thereof, nor shall any such person have or receive or claim any advan-
tage or emolument from any assessment or surcharge to be made under any
of, the said Acts, nor any other emolument than the salary and allowance
mthorized by his Majesty, the commissioners of the Treasury, or the high
treasurer as aforesaid
Compensation
to appeUants
when inspector
or surveyor
neglects to
attend appeals
against sur-
cnarges.
His Majesty,
&c. may ap-
point ten per-
sons to be in-
spectors gene-
ral, and allow
them salaries,
&C.
The Powers to be vested in the Inspectors General.
First. — It shall be lawful for such inspectors general to visit firom time to Power to visit
time each inspector and surveyor acting in the execution of the several Acts SSveyww, &^
^dating as well to the duties of assessed taxes as the said duties on property,
professions, trades, and offices, within the limits of the circuit for which sudi
iiispector general shall be appointed, and to examine all or any of the books
Uid assessments and duplicates or certificates of assessment or surcharge in
the hands or power of such inspector or surveyor, and also to inquire into the
conduct of every such inspector and surveyor in the execution of their respective
offices, and into their fitness and capacity to execute the same, and to report
from time to time on the several matters aforesaid to the commissioners for
II 2
500
48 George III. c. 141.
A.D. 1808.
Power to ex-
amiDe inspec-
tors and sur-
ve jors on oatb.
Inspectors
general may
report to com-
missioners of
division.
In certain
instances, a
case to be
transmitted to
commissioners
for taxes, and
by them to tbe
judges at West-
minster for
their opinion.
the affairs of taxes ; and every ^uch inspector and surveyor shall attend such
inspector general at such time and at such place within the district of such
inspector and surveyor as the said inspector general shall appoint and shall
have given three days notice of to such inspector or surveyor. .
Second. — It shall be lawful for every such inspector general to • administer
to any such inspector or surveyor, whenever he shall see occasion to examine
him or them in any matter touching the execution of the said Acts, an oath
that he shall ttue answer make to aU such questions as shall be demanded of
him ; and the substance of such answer or answers as such inspector or sur-
veyor shall give shall in his presence be reduced into writing and read to him,
with liberty to alter or amend the same in any particular ; and he shall sign
his assent to the same in his own name and in his usual manner of writing or
signing the same.
Third. — It -shall be lawful for every such inspector general as aforesidd,
whenever he shall see occasion, to report to the conmiissioners of the division
on any matter or thing touching the execution of the said Acts or this Act m
relation to any assessment or assessments in such division^ or touching the
conduct of any clerk to such commissioners, or of any assessor or collector
appointed under the said Acts or this Act, together with the opinion of such
inspector general thereon ; and every such inspector general shall transmit a
duplicate of such last-mentioned reports to the commissioners for the affaiis
of taxes ; and whenever any inspector general shall have reported to the com-
missioners of any division any such matter or thing which in the opinion of
such inspector general shall require the particular consideration of the commis-
sioners of such division, it shall be lawful for them to hold a meeting for that
purpose, and they are hereby required to hold such meeting, within a reason-
able time after such report ; at which meeting such inspector general may
attend for the purpose of explaining the matter or matters contained in the
said report, and of suggesting for their consideration the propriety of adopting
such order or orders as may be agreed upon by the major part of the commis-
sioners of such division who shall be present at such meeting.
Fourth. — If any inspector general as aforesaid, or any commiasioner for the
division who shall have been |)resent at any meeting of commissionera at
which the report of such inspector general shall have been taken into con-
sideration as aforesaid, shall apprehend the determination made by the com-
missioners at such meeting on the said report, or any of the matters therein
contained, to be contrary to the true intent and meaning of the said Acts
relating to the said duties respectively, or any of the said Acts^ it shall he
lawful to and for such inspector general, and to and for any one or more of the
commissioners for the division present at the time of such determination ^e8pe^
tively, to require a case to be prepared and signed by the said commissiones
for the division, in which case the said commissioners shall state specially tbe
part or parts of the report of the said inspector general and the facts (»
which the question arose, together with their determination thereupon, and
any other circumstances influencing the said commissioners in such their deter-
mination, and which case the said commissioners or the major part of them
then present are hereby required to state and sign accordingly, and to cause
the same to be transmitted to the commissioners for the affairs of taxes, who
shall forthwith submit the same to the judges of the courts of record at West-
)
A.D. 1808.
. 48 Geokge IIL c. 141.
501
minster ; and such judges or any two or more of them are hereby required
with all convenient speed to return an answer to such case so transmitted,
with their opinion thereon subscribed thereto, and what ought under all
drcumstances to be done therein ; according to which opinion and directions
so certified the determination of the commissioners which shall have been so
objected to, and which shall be stated in such case, shall be confirmed, reversed,
altered, or amended, as the case may require ; and if any assessments shall be
depending on such determination of the said commissioners, the same shall
also be altered or confirmed according to the said opinion.
VI. Provided always, and be it further enacted, that none of the provisions 'nie above pro-
of this Act herein-before contained shall be construed to extend to that part of exti^to^Scot-
Great Britain called Scotland. land.
XII. Provided always, and be it further enacted, that the several parishes Certain places
and places, or parts of parishes or places set down in the first column of the assessed,
following schedule, and which have been heretofore charged to the said
respective duties or either of them in the respective divisions mentioned in
the second column of the said .schedule and set opposite thereto respectively,
shall from and after the passing of this Act be charged to the said respective
daties in the divisions, and shall be subject to the jurisdiction of the commis-
sioners and persons acting under them, and to the inspectors and surveyors
of the division, mentioned in the third column of the said schedule and set
opposite thereto respectively.
SCHEDULE referred to by the above Clause.
Description of Parishei or Places.
Heretofore charged in.
Hereafter to be charged in.
Part of the parish of Wokington, "j
situate in the counties of Berks >
and Wats - - -J
Fart of the parish and town of
Morpeth in the county of
Northumberland
Tvtrt of the parish of Gillingham'^
in the county of Kent,' called
the Grange, parcel of the liberty >
of Elastings in the county of I
Sussex ■ ■ "J
Bushton, part of the parish ofl
Cleeve Pyhard, in the county >
ofWilts - - -J
Dttle Hinton in the county of
Wilts -
Wronghton in the county of
Wilts -
Hundred of Amesbury,
Wiltshire.
Castleward,
Northumberland.
Town and port of Hast-
ings, county of Sussex,
and liberty thei*eof.
Hundred of Elstub and
Everley, Wiltshire.
The same.
The same.
Hundred of Sonning,
Berkshire.
Morpeth Ward,
Northumberland.
{Rochester division,
part of the lathe
of Ford, county of
Kent.
Hundred of Kings-
bridge, Wiltshire.
The same.
The same.
^
% 502 48 George IIL c. 141, 142. A.D. 1808,
^ BxceptioDK XIII. Provided alw&ys, and be it further enacted, that notJiing in this Ad
' . shall be coostrued to extend to any of the cases herein-after specified ; (that i.q
r to say,)
t First. — ^To the duties granted by an Act passed in the thirty-eigbth year of
|,- the reign of his present Majesty, by way of a land tax.
t ' Second. — To the dnties granted or to be granted by any Act or Acts of
t- Parliament for one yetu*, for the service of such year,
I
k CHAPTER CXLII.
I An Act for enabling the Conuuissioners for the Reduction of the Ifationa]
Debt t« grant Life Annuities. [2d July 180S.]
\\J HEREAS by several Acts passed in the reign of Bis present Majesty, videlicet,
Bedtal of VV an Act passed in the twenty-sixth year of his M^eaty, intituled " An An for
S6 Oeo. 3. c. 31. " vesting certain sums in commissionerB at the end of every quarter of a year, to lie by
" them applied to tJie reduction of the national debt," an Act passed in the thiiijr-
83 Geo. 3. c. 55. second year of his Majesty, iutitoled " An Act to render more efiectual an Act niaile
" in the twenty-sixth year of his present Majesty's reign, intituled 'An Act for
" ' vesting certain Bums in conunisfdoners at the end of every quarter of a ye&r, to he
" ' by them applied to the reduction of the national debt,' and to direct the tq>plicaliun
" of an additional sum to the reduction of the said debt in case of future loans," und
4SGeo.3.c7l. an Act passed in the forty-second yeeir of his Majesty, intituled " An Act to amenil
" and render more effectual two Acts passed in Uie twenty-sizth and thirty-seroDil
" years of the reign of his present Mi^estr, for the reduction of the national delit,"
certain provisionB were made for the establishment and regulation of the firnds tlienus
created or directed to be created for the redemption of the national debt, commonly
called The Sinking Fund : And whereas it would tend to a more speedy and effloiont
reduction of the national debt if the commissioners for the reduction of the saiil debt
E' ' were enabled under certain limitations and restrictions to grant life annuities chargal
'' upon and payable ont of the funds created as aforesaid for the redemption of llie
national debt, in consideration of the transfer to them of three pounds per cenmm
consolidated or reduced bank annuities ; and it is therefore expedient that the pravi-
dons of the said recited Acts relating to the redemption of the national debt shoM
be varied and amended in so far as may be necessary for carrying the said measure into
effect, and as herein-after expressed : Be it therefore enacted by the King's most
excellent Majesty, by and with the advice and consent of the lords spiritual and
temporal, and commons, in this present Farliament assembled, and by the anthori^ of
ConmuBsionen the same, that notwithstanding anything in the stud recited Acts or any of tbfiii
for reduction of contained to the contrary thereof, it shall be lawful for the commissioners for the
""""""^'"^ reduction of the national debt at any tune from and after the first day of August one
acceprtranaferB thousand eight hundred and eight to accept and receive from any person or perrons
of coDBols, &c. whomsoever the transfer of any three pounds per centum consohdated or reduced biuik
far the pur- annuities, as the consideration for the purchase of life annuities, to be charged upon
chase of life anil payable out of the funds created as aforesaid for the redemption of the national
'""'""" debt, commonly called The Sinking Fund, either on the continuance of single li'""*
or on the continuance of two lives, and the life of the longer liver of them, in the
manner and under the limitations, restrictions, and regulations herein-after expre^-
Provided always, that if it shall appear to the said commissioners that such transTerT
cannot conveniently he received untU aSUn some day subsequent to the said Snt dii;<tf
August, it shall be lawful for them to appoint some other day after the said first day d
August and prior to the tenth day of October one thousand eight hundred an^ eiglfi
giving notice in the London Gazette of tite day so appointed by them, after ^hich »ncli
transfers may be received. {Kep., Stat. Law Bev. Act, 1872 (No. 2). J
II. Ann be it further enacted, that all aud every persons or person who sbnll be
destrouH of purchasing under the provisions of this Act a life annuity on the contmu*
anco of a mngla life shall be at liberty to name any person to be the nominee, on tli«
continuance of whoee life the said annuity i» to depend ; and' all and' every pei^unn or
person who ahall be desirous of purchnsing a life annuity on the continuance of tli«
AD. 180a
48 Gbobgb m. c 142.
M>S
tilfr HtiimltiM
U» Iw fVw' IViim
mi(>h M tlWi-
iloiwln of pim-
«iilii niitl r)>-
iliipoit niitiiiKlcN
nrii IIhIiIi- tti,
Mh) ))<• itH'llll-ll
I'pn«lti<>M nil
f««'li'Iii^ (1(1-
ntiHifi nttft
thr (IcnfhM ttf
tKimlficM,
lives of two penoiu, and of the life of the longer liver of th«m, bImU be M Ubeitv to
Mine any ^o persons to be the nominees, on the continuance of whose UxTfc and ofllw
life of the longer Lver of them, the said annuity is to depend : IVondwl always (hat
noAing herein COTtained shall be construed to prevent persons nurchwli»r Hfe annuities
under this Act from naming themselves respectirely to be the persona on the wn-
ErArt.i872*(Ni.T).I ■°°'"*'^ respectively are to depend. JIVip., SUU Law
••••••••♦
XXL And be it further enacted, that aU life annuities puichosoil under tli«
provisions of this Act shall be free from aU taxes, charges, and impositions
whatsoever, except such as dividends of consoUdated or reduced bank annuitloa
are or may be subject and Uable to, and shall be deemed jiersonal estate, and,
in aU cases where the same shaU not depend upon the life of the iiorson en-
titled thereto, shaU go to his or her executors or administrators as personal
estate, and shall not be descendible to heirs.
XXni. And be it further enacted, that all and eveiy person or persons,
who for his, her, or their own use or the use of any other pereon or ponwns'
shaU receive one or more payment or payments upon any annuity for any time
beyond the death of any single or surviving nominee on the continuance (rf
whose life the same was payable after the time on which the said annuity
ought wholly to cease by virtue of this Act (knowing such nominee to U
dead). shaU forfeit to his Majesty, his heire and successors, treble the value
of the money received after the death of such nominee, and also the farthw
mm of five hundred pounds; which penalties respectively shall be sued for,
recovered, and applied in the manner directed by this Act
AAVIU. AND be It further enacted, that aU pecuniary penalties an<] fr/r- .
feitoies imposed by this Act shaU be recoverable, if incurred in JingJand, in S^ZT
the name of his Majesty's attorney general on the part of his Majesty, by '*^**'
mfonnation in the Court of Exchequer at Westminster, or (if incwrred in
Mand) m the name of his Majesty's attorney general m the 0,OTt of
Juchequer at Dublin, ot (if ineorred in Scotland; in the name of his Majesty's
advoc^ general in the Court of Exchequer in .Scotland ; an.1 meh pSJty
«nd foifeitore ahafl go and belong to the said commissi^iners for the rerlT,etK,n
of the national debt and become part of the sinking funrj ; ProvirWI aJway.,
A n\ JYJ* ^"^'^ for the said commissioners U> cause such reward an ttiy
^ ^ i' °*1 f ««*^ <^ «^>i^y of any »«h penalty « f.,rf.,itnre i
recovered, after deducting all charges and expences incurred in recr,verin2
*e same, to be p«d thereout to any person or persons who .^ail «pp.*r to
J^^^^^t^re so recovered, anything hemn contained to the .^^
S^T^^*^""!" .'^' '^'^^''■'' '^^ '*»'* ^'^"^ of r>>„,4;on.. th;.h,n.
^t^^vT/!^^'"^''''''^ the<?r.v^r and deputy ;p.v.w.r of
"»««»»«« for carrying the ,«id Act into exec^.tion : Bo -t cnact..^ that in 1^' ^h
* TftlWI of !»••
•'»
Exchequer,
&c. added to
the Dumber of
6<ftnmissioner8
for the reduc-
tioD of the
national debt.
. i
u
fv
^i'-
f-
F.
' » •
r
39 Geo. 3.
c. 110.
«i
504
48 George III. c. 142, 145.
A.D. 180&
addition to the commissioners appointed by the said Act, the chief baron, or in
his absence, any one of the barons of his Majesty's Court of Exchequer in
England for the time being respectively, shall be a commissioner for carrying
into execution the purposes of the said recited Acts of the twenty-aixth,
thirty-second, and forty-second years of his present Majesty's reign and of this
Act, and shall have and be invested with such and the same powers and
authorities in all respects as if the chief baron or baron of the- said Court of
Exchequer respectively had been appointed a commissioner by the said Act of
the twenty-sixth year aforesaid.
CHAPTER CXLV.
An Act for enabling His Majesty to grant Annuities to the Judges of the
Courts of Session, Justiciary, and Exchequer in Scotland upon the
Resignation of their Offices. M [2d July 180a]
11/ HEREAS by an Act passed in the thirty-ninth year of the reign of his
" ^ present Majesty, intituled " An Act for the augmentation of the salaries
" of the judges in the courts in Westminster Hall, and also of the lords of
" session, lords commissioners of justiciary, and barons of Exchequer in Scot-
" land, and for enabling his Majesty to grant annuities to persons in certain
" offices in the said courts of Westminster Hall on the resignation of their re-
" spective offices," it is enacted that it shall and may be lawful for his Majesty,
his heirs and successors, to give and gi-ant unto any person who may have
executed the office of chief justice of the Court of King's Bench or shall have
executed the office of the master of the Rolls, chief justice of the Common Pleas,
or chief baron of the Exchequer, or of puisne judge of the Court of King's
Bench or Common Pleas^ or of baron of the coif of the Court of Exchequer
respectively certain annuities therein mentioned, upon the resignation of their
several offices : And whereas by the said in part recited Act passed in Hie
thirty-ninth year of the reign of his present Majesty it is further enacted that
the successor of every such person so dying or resigning should be entitled to
have and receive from all persons whatsoever such salaries and profits, as
should arise and become due from the death or resignation of his predecessor,
in like manner as if his patent had borne date the day next subsequent to the
day of the death or resignation of his predecessor : And whe!ll:eas it is reason-
able and expedient that annuities should in like manner be granted to the
judges of the Courts of Session and Justiciary, and to the barons of the Court
of Exchequer in Scotland, upon the resignation of their respective offices ; and
also that the successor of every such judge should in like manner be entitled
to have and receive such salaries and profits as may arise and become due
from the death or resignation of his predecessor : May it therefore please your
Majesty that it may be enax^ted, and be it enacted by the King's most excellent
Majesty, by and with the advice and consent of the lords spiritual and
tempond, and commons, in this present Parliament assembled, and by .the
authority of the same, that it shall and may be lawful for his Migesty, his
{* Rep., so far as relates to the chief baron and barons of the Court of Exchequer
in Scotland, Stat Law Rev. Act, 1872 (No. 2).]
Ik
A.D. I80a
48 Gkobok III. a 143.
505
heira and successors, by his Majesty's sign manual to give and grant unto
any peraon who shall have executed the office of lord president of the said
Court of Session, or of the lord justice clerk, or of the chief baron of the Court
of Exchequer in Scotland, or of any judge or lord of Session, or of any lord
commissioner of Justiciary, or of a baron of the said Court of Exchequer, as well
before as after the passing of this Act, and who shall have respectively resigned
any soch office, an annuity or yearly sum of money not exceeding three-fourth
parte of the salary appertaining to each such office at the period of the resig-
nation thereof; and every such annuity or yearly sum of money shall com-
mence from and after the period when the person to whom any such annuity
or yearly sum of money shall be granted as aforesaid shall have resigned his
office, and to continue from thenceforth for and during the natural life of the
person to whom the same shall be granted as aforesaid ; and every nuch
annuity or yearly sum of money shall be paid out of the monies that shall
mse from any of the duties and revenues in Scotland, which by Acts made in
the seventh and tenth years of the reign of her Majesty Queen Anne were
charged or made chargeable with the fees, salaries, and other charges aUowed
or to be aUowed by her Majesty, her heirs and successors, for keeping up the
courts of Session, Justiciary, and Exchequer in Scotland ; and evciy such
arainity or yearly sum of money shaU be paid and payable, free of all taxes
and deductions whatsoever (property tax excepted), at such and the same
times and in such and the same manner as the salaries of the judges of the
said courts of Session, Justidary, and Exchequer are now paid and payable :
Provided always, that no such annuity or yearly sum of money granted to
07 peraon having executed the office of lord president of the Court of Session
lord chief baron of the Court of Exchequer, lord justice clerk, judge or lord of
Searion, lord commissioner of the Court o£ Justidaty, or baron of the Court of
Exchequer respectively shafl be valid, unless such lord president, lord chief
baton, lord justice clerk, judge or lord of Session, lord commissioner of the
Coort of Justiciary, or baron of Exchequer respectively shaU have continued in
one or more of the said offices for the period of fifteen years, or shall be
atoed with some permanent infirmity disabling him from the due execution
of his office, which shall be distinctly recited in the said grant
IL And be it farther enacted, that the successor of every person who shall
bare executed the office of lord president of the said Court of Session, or of the
chirf baron of the Court of Exchequer in Scotland, or of the said lord justice
tok, or of a judge or lord of Session, or of a lord commissioner of the said
Uort of Juafaciary, or of a baron of the said Court of Exchequer, shall be
tntitled to have and receive, and there shall be issued and paid to such
MocesBor out of the monies arising from any of the duties and revenues ehutted
V T^^ **?»^"* "^^ keeping up the courts of Session, Justidary, and
Exchequer m Scotland as aforesaid, sadb aalaiy as shall have arisen and shall
tove become due from the death or resignation of bis predecessor, In like
■Mnner as if his letter patent or commission had borne date the day next
wtsequent to the day of the death or resignation of his predecessor.
DMjr ftmut M>>
nuitlet to the
Juilxcn of tha •
Court of BcK-
•ion, JM. on
thoir retigiM-
Uon.
CoDdWoiM on
which ta-
imhi««iiifa«n
06 gnut^A,
tintetimn of
Ja4|^, Im. to
r«emv«th«lr
MuKtitM fton
th« dMrth or
fMMfMrtfon
of iMir pt»-
506
48 Geobge hi. c. 149.
A.D. 1808.
CHAPTER CXLIX.
An Act for repealing the Stamp Duties on Deeds, Law Proceedings^ and other
written or printed Instruments, and the Duties on Legacies and SuccessdoDs
to Personal Estate upon Intestacies now payable in Great Britain, and
for granting new Duties in lieu thereof. [2d July 1808.]
New daties U. And be it further enacted, that from and after the tenth day of October one
P**"**?^ ^ thousand eight hundred and eight there shall be raised, levied, and paid unto and for
the schedSe *^® '^^^ ^^ ^^^ Majesty, his heirs and successors, in and throughout the whole of Great
to the Act, Britain, for and in respect of the several instruments, matters, and things mentioned
from loth Oct and described in the schedule hereunto annexed (except those standing under the head
1808. of exemptions), or for and in respect of the veUum, parchment, or paper upon which
such instruments, matters, or things shall be written or printed^ the several duties or
sums of money set down in figures against the same respectively, or otherwise specified
and set forth in the same schedule {Rep., 33 & 34 Vict. c. 99.] ;
Probates of
wills and letters
of administra-
tion valid as to
trust property,
though the
value thereof
be not covered
by the stamp
duty.
Where exe*
cators, &c.
allege that
any property
was vested in
the deceased
as a trustee, a
special affidavit
maybe re-
quired of the
&ct.
XXXV. And be it j^irther enacted, that from and after the passing of this
Act the probate of the will of any person deceased, or the letters of adminis-
tration of the effects of any person deceased, heretofore granted, or to be
hereafter granted, either before or upon or after the tenth day of Octeber one
thousand eight hundred and eight, shall be deemed and taken to be valid and
available by the executors or administrators of the deceased for recovering,
transferring, or assigning any debt or debts, or other personal estate or effects,
whereof or whereto the deceased was possessed or entitled; either wholly or
partially, as a trustee, notwithstanding the amount or value of such debt or
debts, or other personal estate or effecte, or the amount or value of so much
thereof or such interest therein as was trust property in the deceased (as
the case may be) shall not be included in the amount or value of the estate,
in respect of which the stamp duty was paid on such probate or letters of
administration.
XXXVI. And be it farther enacted, that where the executors or adminis-
trators of any person deceased shall be desirous of transferring or of receiving
the dividends of any share standing in the name of the deceased of and in
any of the Government or parliamentary stocks or funds transferrable at the
Bank of England, or of and in the stock and funds of the governor and com-
pany of the Bank of England, or of and in the stock and funds of any other
company, corporation, or society whatsoever, passing by transfer in the books
of such company, corporation, or society, under and by virtue of any such
probate or letters of administration as aforesaid, and shall alledge that the
deceased was possessed thereof or entitled thereto, either wholly or partially,
as a trustee, it shall be lawful for the said governor and company of the BaiJc
of England, and for any such other company, corporation, or society as afore-
said, or their respective officers for their indemnity and protection to requirt
such affidavit or affirmation of the fact, as herein-after is mentioned, if the
fact shall not otherwise satisfactorily appear ; and thereupon to permit such
executors or administrators to transfer the stock or fund in question, or receive
the dividends thereof without regard to the amount of the stamp duty on the
A.D. 1808.
48 Oeorgb ni. c 149.
607
probate of the will of the deceased, or the letters of odminiNtration of, htN or
her effecte : And where the executors or administrators of any ])e)*Hon doooaiiud
shall have occasion to recover any debt or debts or other personal etTootii duo
or apparently belonging to the deceased, and shall alledge that the UoooaHod
was possessed thereof or entitled thereto^ either wholly or partially, oh a
brastee, it shall be lawfiil for the person or persons liable to pay or dolivor
snch debt or debts or other effects to require such affidavit or affirmation of
the &ct as herein-after is mentioned, if the fact shall not othorwiMO NatiH-
fiictorily appear ; and thereupon to pay, deliver, or make over the debt or
debts or other effects in question to such executors or administratorH, or an
they shall direct, without regard to the amount of the stamp duty on tlu)
probate of the will of the deceased, or the letters of administration of his
or her effects : And where the executors or administrators of any person
deeeased shall have occasion to assign or transfer any debt or debts due to tlio
deceased, or any chattels real or other personal effects, whereof or wlieroto tlui
deoeased was possessed or entitled, and shall alledge that the same respeoiivcly
was or were due to or vested in the deceased, either wholly or partially, em a
kostee, it shall be lawful for the person or persons, to whom or for wlutm uhd
such debt or debts, chattels real, or other personal effects nhall lio profKise^l t<>
be assigned or transferred, to reqiure such affidavit or affinnation of tUa ftuA
as herein-after is mentioned, if the tAct shall not otherwise HatintiU^My aii|mar ;
and thereupon to accept the proposed assignment or transfer, without regard
to the amount of the stamp duty on the probate of the will of the decea^^ or
the letters of administration of his or her effeetA.
XXXVLL Anb be it farther enacted, that upon any such rerjiiisition fu$ l'<*riuiiiMrii ut
aforesaid, the executor or executors, administrator or arlifiinii«tratr/rH ^/f i\w. ^uv\i " * ^
deceased, or some other person or [iersons to whom iha du^ shall t>e ktufwii,
shall make a ^edal affidavit or affirmation of the facts aiid chnumhinw^tH iff
the case, stating the property in quei>tion, and that the dee^^M^l had n/zt huy
beneficial interest whatever in the same, or no other }j^yitmHl 'mUntini ti^^mn
than shall be particnlariy mentioned and anti foh}i (an i)fH CHiih fiiay l^y, but
was possessed thereof or entitled thereto, eith<^r wholly f/r m y^ri du ii^h i^hp^,
may be), in trust for &<:»me other j>ejv/n or perv^/-i^, whos*? i^nMiH or hsun*^, or
other sufficient dewription ^LaH '\jh H]f^:'AfA in huch affMavjl ot h^iVuthsxiioh,
or f<H' such purposes ah thaJI be ^pecifi^^d th«fj*fijj ; ar^'l tliM ti^<; ^j^h*il':iH!l
interest of the deoBa^bed, if aijy, jjj Hit proj^rty hi <j*i*;yt'jOh *i'A)i n*A ^.y.*'A'.u\ a
certain value to be tL^:TeiB alv^ speeii-ed, a^^^rdirj;^ X/j ii^*: Um *^huii.U:%\.HX *'jjJt
bemade therec€, if rer^Tfc>^ii8Ty or e^-«iti^;/em : mA tljat the ^ii*vutjt o# vuI'xh
of the estate, for wLidb tLe *?taiu]> ^'*Jty wafe j/ajd ^ju Uie yf*^^r<i.U; '/tfie wj.'i '/
the deceased or an the lei/uer^ of ad::,}i'iotfatiojj *A };i^ or h*?/ «^<?';:tr^ it n*jili(%i'ui
to indude and csover Bud. bei»efidiiJ ir;VfT-e«t <A the d^s^^^aMyJ^ a* w* II hit Uai?
rest of the perKmaJ e*>'LaWr, wLere*:rf' or whef^^y Vie ^>A0i^^ w^^ t>-f*»^i<;i; '-y
poft^fised or futriied, and i'jr «iJ'A hw^j j>ivbttte or U^*j^sr '/f a/Ou;? ^/f«yfi*»>lo*i
Aall hare beei. rrnoruei a*- ItJ a*- Vie Miitie lia*e c*vn>*; V/ *-^>« Kf*V'W*»/j/i '/
soA exeeotar or €2L*«m/orh. adti ai'fifav^ ot ^/'•w ♦jm^^'i^v^'t- ^ at^^ *»'*A«;?e Vi*r
affidavit cir aSrmaii.o. 'ff xuk^t^ ajucj c;?*:uiii'^.iiW;*j*^ of vi*e V'i/i*^ «!**-'., «/e
made br am* cftijer Zi*ryt'n x^.iZA *Jiit *'T.*s^t\x*/fr *jv <'r.*5'^uto«r. aofffi/jva^^ <jir
^dBanistastorv '.»f tiie det?«ii*et ♦j^-itn; ex»>CJUVif or »-/.*^^uV^*> a^^iii'-'^'/^uV^ 'if
>diimiiiazBta!r%
»»»i.
xirt-L*: afiiui-". It Of ti*hMiia-i'/t. Villi* iu» /staiie a'*, Vu* Vt*
508
48 George III. c. 149.
A.D. 1808.
Penalty for
fiUseoath.
Executors and
others intromit-
ting with the
effects in Scot-
land of any
person dying
after the 1 0th
Oct. 1808, to
exhihit an in-
ventory there-
of in the com-
missary court
there, duly
stamped, to he
recorded there ;
and an addi-
tional inven-
tory, on dis-
covering other
effects.
Penalty for
neglect or
omission.
the best of his, her, or their knowledge, and that the property in question is
intended to be applied and disposed of accordingly; which affidavits or
affirmations shall be sworn or made before a master in Chancery, ordinary or
extraordinary (who is hereby authorized to take the same and administer the
proper oath or affirmation for that purpose), and shall be delivered to the party
or parties requiring the same, and shall be sufficient to indemnify and protect
the party or parties acting upon the faith thereof ; and if any person or persons
making any such affidavit or affirmation as aforesaid shall knowingly and
wilfully make a false oath or affirmation of or concerning any of the matters
to be therein specified and set forth, every person so offending, and being
thereof lawfully convicted, «hall be subject and liable to such pains and penal-
ties, as by any law now in force persons convicted of wilful and corrupt perjury
are subject and liable to.
XXXVIII. And be it further enacted, that all and every person or persons
who as executor or executors, nearest in kin, creditor or creditors, or otherwise,
shall intromit with or enter upon the possession or management of any
personal or moveable estate or effects in Scotland of any person dying after
the tenth day of October one thousand eight hundred and eight, shall, on or
before disposing of or distributing any part of such estate or effects, or uplifting
any debt due to the deceased, and at all events within six calendar months
next after having assumed such possession or management in whole or in part,
and before any such person or persons shall be confirmed executor or executors,
testamentary or dative, exhibit upon oath or solenm affirmation in the proper
commissary court in Scotland (which oath or affirmation any judge of or
co^wlr appointed by ^^^ fa hereby »tt<,ri»d U. LlinS^. »d
which oath or affirmation shall not be chargeable with any stamp duty,) a full
and true inventory, duly stamped as required by this Act, of all the personal
or moveable estate and effects of the deceased already recovered or known to be
existing, distinguishing what shall be situated in Scotland, and what elsewhere,
together with any testament or other writing relating to the disposal of such
estate ^d effects, or any part thereof, which the person or persons exhibiting
such inventory shall have in his, her, or their custody or power ; which said
inventory, together with such testament or other writing (if any such there
be), shall be recorded in the books of the said court without any other
expense to the party than the ordinary fees of registration ; and if at any
subsequent period a discovery shall be made of any other effects belonging to
the deceased, an additional inventory or additional inventories of the same
shall within two calendar months after the discovery thereoC be in like
manner exhibited upon oath or solemn affirmation by any person or persons
intromitting with or assuming the management of such effects, which additional
inventory or inventories shall also be recorded in the manner aforesaid ; and
in case any person or persons hereby required to exhibit any such inventory
or inventories as aforesaid shall refuse or neglect so to do within the time
prescribed for that purpose, or shall knowingly omit any part of the estate or
effects of the deceased therein, he, she, or they shall for every such offence
forfeit the sum of twenty pounds, to be recovered by ordinary action or
summary complaint in the sheriff, stewart, or borough courts or before any
justice of the peace of the shire, stewartry, or borough where the person or
persons sued or complained of shall reside ; which court of justice shall have
AJ).1808.
4$Georok II L i\ \^\K
M\\
powet, if there shall appear cause, to initij^to Huoh (mutvltyt no ilint (ho muhm
be not rednoed below one moiety thereof, besiitoii rtmU uf M\)lt ; ntul (ho |)iMmiM
orpersons so offending shall also be chai^j^nl and chur^^nMo with nml Im« IimIiIimi
liable to the payment of double the amount of iho nUinp duly. \\\\M\ WtMiM
bave been payable upon such inventory or invontorln^N mo nnKlMnlod lit hit Miihl
bited, according to the amount or value of the eatate atnl niYMM whli>h i\\\^\\\l Ih
bare been specified therein, or double the ainounl of thn rutiliMr or liitMnMotMl
stamp duty which would have been ))ayable upon any Miinh hiVMiiLoiy oi
inventories exhibited, in respect of the oatato or ofTooU no oinht.itil iJmMOn mm
aforesaid, as the case may require; which double duty Mhiill hn th<iiMMt<l mimI
taken to be a debt to his JMajesty, his hoira and Hwmt^nmtVHf of Iht* iMifunM oi
persons liable to pay the same, and shall and may bn MUnd lot' and n-f<oVH<d
accordingly.
XXXIX. And be it further enacted, that all and i»vi*ry Ui« hiVMol^^y iiwi ?"',,V^',,''
inventories so to be exhibited and recrmWl nn afon'^aid Mhall Ihi n Uiluitl hy hnt, ,t,\th\i hi
ibe clerk of the commissary court whf;rdn th« mttiui Mhall l^» < -slohll^'d, wnd '{" •^'/''""" "'
sball be transmitted by bim from time Uf iiuu*, nn ti\U*t\ am i*'«\h\i*'*\, \/ny,* Mm i Mm/I/'m^I/
with the said oath or affirmation relating ih^^wlff, Up i\m Hff\inh,f //f nUtunt
duties at Edinburgh, who shall file an/1 jfrcH^-rvt*, th^ Miw*i Ui lJi/f tiUtttp nW^n.
there; and if thederk of any smdi e^/urt nhall fail t/i rt'^'/fffi, tHnih, tn hMifJnth ^'*^vM/ ////
any sodi inventory, which fthall be exhil/it/'/l lh/?r#? (t/^ >/*? r^/z/fd/'l ^« ^f//^^ ^^^/l, ' " '" "' """
(M- shall receive or reor^rd any siucb jnv<^it//ry, t«r{„^.h jt|,;^|| /^/f, fy /^;jy ^^miuyS ^** h>^ ^/^
as the law requires, he •call f^r ^rvfry Vi/::h tAX^^^tM ftfti^i-A ih- ^uth *4 ftf^/ \f*f*iiHU, '^'*^
XL. AxD be h firtt^r ^zAtUnii, *i^> nl^*: Pur/ <*'•*» f$/\A,*s*/f,h' ,hi*u^*n^ ^*>
shall he exLiti^l v. f/*r r%fi;-.r'5r:fi aii a5',r*«ft;/! v.-^ ^r/>. /<,*•» *-'/< /v/r^ •f/' ^ ' '" ' '
(Drmer nivtxi2#:cy :r :r.Tinr^-r;»r3* r «nj: v.<^ ^.;iu',v', ';.-.-v/ ^a ".^ ^".x^y /\ ^Ht '•»^''.
Tins :r TTuiii*^ .r*^ Vj* •yn'^r^ itaru^. */?J»/»rx /**/*/ :'<v/, v<^-* .-v *''/r .^ ;»> /
inly icuncei :#tiiij(r r^-.r-ii^': ;iiii: v;iiii/n -.>•/; ;t*c ^fc/.-,**',*?!.*; / «* //,'/-//# ^<
saao incie?* tnai i^* a •:*i** 4i;r,il/^rw.ii vr* '«.<• '^;'*/ #'.rv ih**.. ><* • . a/
#// '%
4 ^tt. 4 ,
/ • •
• /
t&joef'n. iuni^t 't- i:m ^^u-iiir -.i^tr m 4*1* :'.:.< fi;fc» W'ts^i^r: /
» <»
;'', a;.
/ /• '^ t
• / /
ft*
■2PrL m. •«ur. nv.-r;ri
gut =Hiiitt. m.!. r: .-: ;. -
Jun. -41 •»•» iT .:'.•:»?* r ::,
III. ^t'^-^v:- :- •
adtrpacLiL
'r^ *•
^«
•.''->.. * rt ♦ j' •'.•^''
r. • -r.r. ^
^./' V- '.?V^^
Vl . /
4 '
y •
■<•«
-^'
•••
/ **
/ *• /•*
* »• •■
i^^
1
Mr '
496
48 Oeoboe IIL c 141.
A,D. 180&
; I
Collectors to
pay the duties
on the appoint-
ed days, and to
account twice
each year.
N
Payment of
duties, &C.
contained in
supplementary
assessments
Beceipts to he
given for pay-
ments.
Collectors not
accounting for
the full amount
shall deliver a
schedule of
arrears.
any part thereof, by endorsement on the postea, or for the court before whom
such inspector or surveyor shall be convicted, by entry on the record, to
certify his or their satisfaction with such conviction ; and in every such case
the said certificate shall be an authority to the commissioners for the affairs
of taxes, and they are hereby required, to cause to be paid by the receiver
general of the county, riding, or division wherein such conviction was had,
out of any mt)nies of the said duties respectively in his hands, such reasonable
expenses as the plaintiff shall have incurred, over and above the costs c^ suit
as aforesaid, the amount thereof being certified by the proper officer for taxing
costs of the court in which such suit shall be commenced to have been
necessarily expended, and allowed by such officer as between attorney and
client ; and every such inspector or surveyor shall after such conviction be
discharged from his employment. .
No. V.
Rules and Directions for paying to the Receiver General and accounting
for the Duties received by the Collectors.
First. — The several collectors shall pay to the receiver general or liis deputy
all monies of the said respective duties which the said collectors shall have
received or levied by virtue of any of the Acts herein mentioned on the
respective days herein appointed for payment of the said duties or any of them
next after their rcjceipt of the same, and shall twice in each year account with
such receiver general or his deputy in the manner herein-after mentioned for
all such duties ; that is to say, for the duties of assessed taxes the said collectors
shall pay or account for one entire moiety thereof on the day to be appointed
next after the tenth day of October, and the remainder thereof on the day
to be appointed next after the fifth day of April in each year ; and for the
duties on property, professions, trades, and offices, the said collectors shall
pay or account for one entire moiety thereof on the day to be appointed next
after the fifth day of January in each year, and the remainder thereof on the
day to be appointed next after the fifth day of July following ; on which last-
mentioned days appointed for payment to the said receiver general or his
deputy of the said respective duties, videlicet, on the day appointed next after
the fifth day of April yeaxly for the payment of the last moiety of the duties
of assessed taxes, and on the day appointed next after the fifth day of July
yearly for payment of the last moiety of the duties on property, professions,
trades, and offices, the full and entire amount of duties, penalties, and siuns of
money contained in the said supplementary assessments of the said respective
duties shall also be paid to the receiver general or his deputy, or accounted for
to him or them in the manner herein-after directed ; for which payments the
said receiver general or his deputy shall give to such collectors receipts in
writing, distinguishing the amounts received for the duties on assessed taxes
from the amount received for the duties on property, professions, trades, and
offices, and from all other duties payable to his Majesty, and for which receipts
no stamp duty shall be charged or chargeable, any statute to the contrary
thereof notwithstanding : Provided that if any collector or collectors shall not
at or before the respective times herein-before limited have received or levied
the said respective duties, or shall not then account to the receiver general or
his deputy for the same in the proportions before directed, he or they shall
AJ). 1808.
48 George III. c. 141.
497
deliver to the said receiver general or his deputy, at the respective times
appointed for such payments, or to the commissioners of the division, within
three days after- the respective times aforesaid, a schedule in vrriting, signed
by OTch collector or collectors, containing the christian and surname of each
de&ulter, and the respective sums then in an*ear from each such defaulter,
with an affidavit subscribed^ to be made on the oath or affirmation of the said
collector or collectors (which oath or affirmation may be taken before any one
comnrisBioner of the division) that the several sums contained in the said
schedule have been demanded from and are due and wholly unpaid from the
respective persons charged therewith, either to such collector or collectors, or
to any other person or persons for such collector or collectors, to the best of his
or their knowledge and belief.
Second. — ^Eveiy such schedule being certified under the hand of the receiver
general or his deputy of the county or division where the said arrears accrued
to the Court of Exchequer at Westminster shall be received and taken as
sufficient evidence of a debt due to his Majesty, and shall be a sufficient
authority to the barons of the said court or any one of them to cause process
to be issued against such defaulter named in the said schedules, to levy the
whole sum in arrear and unpaid by such defaulter ; and the sheriff or other
officer to whom the said process shall be directed shall without delay cause
the whole sum in arrear to be levied by due course of law as a debt to his
Majesty on record, with all costs and expenses attending the same, and
shall pay the monies so levied after deducting the said costs and expenses to
the said receiver general or his deputy, and shall make return of the said
process to the said court, according to the due course thereof : Provided that
every such schedule shall remain with the commissioners of the division for
the space of forty days before the certificate thereof shall be transmitted to
such court, during which period of forty days every such collector shall give
due notice of such schedule to the several defaulters named therein, in such
manner as the said respective commissioners shall direct, on pain that every
collector neglecting so to do shaU forfeit the like penalty as is imposed on
collectors by the said several Acts or any of them in other cases of neglect of
duty ; and it shall be lawful for every such defaulter within the like period
to pay his or her arrears to the said collector or collectors, whose receipt shall
be a sufficient authority to the said commissioners to discharge the arrears so
paid from the said schedule ; and it shall also be lawful for the said commis-
sioners, if they shall see cause, to issae fresh warrants to collect the said arrears
or any of them within the said period of forty daj's, and during that period
1o use all or any the means or methods prescribed by the several Acts relatiug
to the said respective duties for the recovery of the said arrears, or direct the
said Arrears to be levied by the respective collectors under their former warrant,
as shall be most expedient ; and all warrants to be issued for that purpose may
be directed either to the said collectors, or to the high constable, constables,
or other peace officers within the limits of their division, or any one or more
of them, or to any other person or persons whom the said commissioner shall
think proper, with authority to levy by distress and sale, in the manner
directed by the said Acts respectively, the sums in arrear, together with all
costs and expenses attending the said process and the execution thereof; and
the sums so levied after deducting the said costs and expenses shall be paid to
YOL. rv. II
The certificate
of sach sche-
dule to be
ground of
process.
Schedule to
remain with
oommissioners
for a certain
time, during
which commis-
sioners may
issue fresh war-
rants for col-
lecting the
arrears. &c
'484
48 Geobge III. c 140.
A,D. 180&
'whom they
were received,
&c.
Constahles to
search for con-
cealed arms, &c.
Nightwalkers,
&c. to he
Apprehended,
and, in default
of giving se-
curity for good
behaviour, to he
deemed rogues
and vagabonds.
refuse to make discovery to the divisional justices of the division in -which he
or she shall reside, or to some of them^ of so having the same in his or her
possession, and of the person or persons from whom he, she, or they received
them, or shall, on being duly required by notice in writing signed by any of
the said divisional justices, neglect or omit to attend at the oiEce of his or her
proper division at such time as shall be mentioned in such notice or order, or
refuse to be examined concerning the same, every such person shall upoE
being convicted thereof forfeit the sum of fifty pounds, and the value of sudi
goods and chattels ; and if he, she, or they upon requisition made by any of
the constables to produce the same shall omit or refuse so to do, every
person so offending shall, upon being convicted thereof, forfeit the like sran
of fifty pounds, and the value of such goods ^nd chattels ; and if such person
shall be unable to pay such fine or penalty, he or she shall be committed to
the ho\ise] of connection for any time not exceeding six months, at the dis-
cretion of the divisional justices before whom such person shall have been
convicted.
LII. And be it further enacted, that it shall and may be lawful for the said
constables or any of them, being thereto duly authorized by the warrant of
any of the divisional justices appointed under this Act, to search all suspected
places in such warrant mentioned for concealed arms ; and if such constables
shall thereupon find any gun, pistol, sword, blunderbuss, pike, dagger, or
hanger, or other arms in the possession of any person not qualified by law to
bear or carry arms, he is hereby required and authorized to seize and carry
the same to the publick office of such division, and the justices of such divi-
sion are required to send such arms so seii^ed to his Majesty's arsenal, to be
applied to the use of his Majesty, his heirs and successors ; and the person in
whose possession the said arms shall be so found shall find sureties for his or
her good behaviour for three years, or shall be committed to prison by tbe
said divisional justices or any one of them until he shall give such security :
Provided always, that no such warrant shall be granted except on the infor-
mation given to the said parties or any of them upon the oath of one or more
credible witnesses that to the best of his, her, or their knowledge and belief
such unqualified person is in possession of arms as aforesaid.
LIII. And be it further enacted, that all night walkers, all persons noto-
riously suspected of being thieves, and all persons gaming or tippling in the
publick streets, bye places, or fields within the police district of Dublin
metropolis shall or may be apprehended by any of the said constables, or by
any patrole or watchman, and carried to the publick office of the division ;
and if any such person shall not give security for his or her good behaviour,
he or she shall be adjudged, deemed, and taken to be a rogue and a vagabond
within the meaning of the statutes in that behalf in force in Ireland ; . • •
• I
All crimes
committed on
or within the
circular road to
he tried, 8cc. as
if committed
in the county
of the city of
Duhlin.
LVII. And for carrying into execution the good purposes of this Act, be it
enacted, that all treasons, felonies, misdemeanors, crimes, and ofiences what-
soever which shall hereafter be done or committed in any place situate in or
upon any part of the circular road surrounding the city of Dublin, or in any
place situate within the limits circumscribed by the said circular road, shall be
A.D. 1808.
48 George III. c. 140.
485
prosecuted, proceeded on, and tided in the same court and courts, and in the
same manner in all respects, as if the same had been committed within the
eonnty of the city of Dublin, and shall be laid in any indictment to have been
committed within the said county of the city of Dublin ; and that as to the
prosecution, apprehension, and trial of all persons charged with any of the said
crimes or offences hereafter to be committed, the said circular road and every
place lying within the same shall be apd be deemed and taken to be part and
parcel of the county of the city of Dublin ; and that the sessions of the peace
for the county of the city of Dublin shall not be adjourned for any greater
length of time than from six weeks to six weeks, and that it shall and may
be lawful to hold the said sessions during the law terms ; provided, however,
that nothing herein contained shall prevent the holding of the sessions of the
peace for the county of Dublin in the usual place for holding the same, or
shaU in anywise affect the prosecution or trial of any person accused of
having committed perjury on any trial held before a jury of the county of
Dublin, but that all and every the said matters shall proceed as if this Act
had not passed.
IVIII. And whereas the continuation of the said circular road is inter-
rupted by his Majesty's park called The Phoenix on the west side of the said
city, by reason whereof doubts may arise as to divers parts and places adja-
cent thereto whether the same* ought to be deemed and taken to be within
the limits surrounded by the said circular road or not : For obviating of which
doubts, be it enacted, that where the said circular road is so interrupted on
the west side of the said city, the wall bounding his Majesty's said park The
Phcenix on the east side of the said park, and extending from the said circular
road where the same meets the said wall on the south side of the said park to
the said circular road where the same meets the said wall on the north side of
the said park, shall as to the said purpose be taken and considered as and in
the place and stead of the said circular road ) and that all places which would
be within the limits surrounded by the said circular road if the same were
continued in the line in which the said piece of wall now runs, shall for the
purpose aforesaid be deemed, taken, and considered to be within the limits
suiTounded by the said circular road ; provided, however, that nothing in this
Act contained shall in anywise be construed so as to prevent any offence from
being prosecuted or tried in the county of the city of Dublin which woifld by
law have been so prosecuted or tried if this Act had not passed.
UX. And whereas by the provisions of this Act the duties of the recorder
of the city of Dublin will be considerably increased ; And whereas his present
salary is inadequate to the trouble and importance of his office : Be it there-
fore further en^lcted, that it shall and may be lawful for the lord lieutenant or
other chief governor or governors of Ireland for the time being to direct the
yearly sum of one thousand pounds, clear of all taxes and deductions, to be
paid out of the funds applicable to the expcnces of the said police establish-
ment to the said recorder of the city of Dublin, clear of all taxes and deductions
'Whatsoever, in augmentation of his salary.
Sessions'for the
county of the
city of Dublin.
Definition of
the circular
road on the
yreat side of the
city, for the
pnipose afore-
said.
This Act not to
affect offences
otherwise tria-
ble in the said
county.
Lord lieutenant
empowered out
of police funds
to increase re-
corder's salary.
LXY. And be it enacted, that no person shall
cany on the business of a pawnbroker within the said circular road or within
No person to
carry on the
business of a
472 48 George III. c. 110, 113. A.D. 1808.
maliciously, such person shall be nonsuited, and pay treble costs to the defendant
IRep., 5 & 6 Vict. c. 97. s. 2.J.
LX. And whereas it may be useful to provide a jurisdiction for preserving
order and settling disputes among persons carrying on the fishery for herrings
Bh^^&^ ^^ on the coast and in the lakes of Scotland : Be it therefore enacted, that the
in Spotiand ex- jurisdiction of the sheriffs and Stewarts depute of Scotland and their sub-
^^^^w^P' stitutes shall be extended over all persons engaged in catching, curing, and
jacent to their dealing in fish in all the lochs, bays, and arms of the sea within their respec-
coimties. iiy^ counties and stewartries, and also within ten miles of the coasts of iheir
said counties and stewartries, and that in as full and ample a manner as the
same is exercised over the inhabitants of these counties and stewartries ; and
if any loch, bay, or arm of the sea shall adjoin to two or more counties or
stewartries, or any other part of the sea shall be within ten miles of the
coasts of two or more counties or stewartries, the sheriffs and Stewarts of the
said counties and steWartries shall have and exercise a concurrent jurisdiction
over such persons as aforesaid in any such loch, bay, or arm of the sea whidi
shall be in or opposite to their respective counties and stewartries, or any part
of the sea within the aforesaid distance of the coast thereof.
CHAPTER CXIII.
An Act to empower Grand Juries in Ireland (or Persons appointed by them)
to sell or exchange Ground that has been occupied by old Court Houses,
Gaols, or County Infirmaries, and the Materials thereon.
[80th June 1808,]
yjkl HEREAS new court houses, gaols, and county infirmaries have been
' ' built or may hereafter be built in many counties in Ireland, and it is
necessary to enable grand juries to dispose of the ground on which such old
court houses, gaols, and county infirmaries stand, and of any buildings or
materials thereon, and to grant a suffijcient title thereto: May it therefore
please your Majesty that it may be enacted, and be it enacted by the King s
most excellent Majesty, by and with the advice and consent of the lords
spiritual and temporal, and commons, in this present Parliament assembled,
ferand juries m and by the authority of the same, that in all cases where the grand jury of
am)^t c^- ^^y county or county of a city or county of a town shall have procured
missioners to ground to build or erect a new court house, gaol, or county infirmary, and
change pre- ^^^^ ^^® same is completed €^d in use, and that such grand jury shall conceive
nusesthat have jt expedient to sell, exchange, or otherwise dispose of the land occupied by or
court houses, Jn any way appertaining to such old court house, gaol, or county infirmary, or
gaols, &c. gjg^y building tiiereon, in any county or county of a dty or county of a town
in Ireland, it shall and may be lawful for the grand jury at any assizes for
any such county or any county of a city or county of a town in which sudi
old court house, giaol, or county infirmary is situated, to appoint and nominate
any number of persons not less than five as commissioners to sell, exchange,
or otherwise dispose of any such ground, or of any building or materials
thereon ; and such commissioners or any three of them so appointed shall have
full power to sell by auction, to exchange, or otherwise dispose of any such
ground, or any building thereon, or to dispose of separately or together of any
A.D. 1808.
48 George III. a 113, 127.
473
timber, slates, stones, bricks, or other materials thereon, and to make contracts
and agreements for and concerning the same, to sign leases or deeds conveying
the same, and to do all matters and things requisite for carrying such agree-
ments into due execution for and on behalf of such county, county of a city,
or county of a town, such agreement nevertheless and the leases and deeds
conveying the same to be laid before the grand jury at the following assizes,
and, if approved of by such grand jury, the foreman is to affix his name thereto ;
and the money arising from such sale of such ground or materials shall be paid
to the treasurer of such county, county of a city, or county of a town, and
by him placed to the credit of the coimty at large,- and may be disposed of
by the grand jury for or in aid of any new court house, gaol, or county infir-
mary, or in such other manner as by law they shall be entitled, for the general
advantage of such county or county of a city or county of a town at large.
IL And whereas in many cases there is much difficulty in making out a
title to grounds that have been so occupied by such old court houses, gaols, and
oounty infirmaries, although there has not appeared any claimant thereto for
many years : Be it therefore enacted by the authority aforesaid, that all such
ground or any buildings thereon that has been occupied as aforesaid for sixty
years and upwards in a peaceable and quiet manner and without any claimant
on record in any court of law, such peaceable and quiet possession for sixty
years shall be considered as a good and valid title ; and such commissioners so
appointed as aforesaid or any three of them shall have, full power and authority
to convey the interest, fee, and inheritance thereof in as large and as ample a
manner as the same was held and enjoyed by the county ; and such conveyance
by deed, lease, or other instrument signed by such commissioners, or any three
of them, and approved of by the grand jury as aforesaid, shall be deemed,
taken, and considered as a good, sufficient, and valid title in law, said grand
jury nevertheless being first satisfied as to the due payment of the purchase
money to the treasurer as aforesaid, or as to any other valuable consideration
that may have been agreed for thereto ; and it shall and may be lawful for
sach grand jury to grant a presentment for all reasonable expences attending
the disposal and conveyance of such ground and materials.
Peaceable pos-
session for
sixty years
deemed a good
title.
Presentment
for expences
of sale, &c.
CHAPTER CXXVIL
An Act to render valid certain Marriages solemnized in certain Churches and
Publick Chapels in which Banns had not usually been published before
or at the Time of passing an Act made in the Twenty-sixth Year of the
Reign of his late Majesty King George the Second, intituled " An Act
" for the better preventing of clandestine Marriages." [30th June 1808.]
TIT HERE AS since the making of an Act passed in the twenty-sixth year
" of the reign, of his late Majesty King George the Second, intituled " An Recital «f
" Act for the better preventing of clandestine marriages," and of two Acts, 26 Geo. 2. c. 33
one passed in the twenty-first year of the reign of his present Majesty, intituled
" An Act to render valid certain .marriages solemnized in certain churches 21G00.3.C.53
" and publick chapels in which banns had not usually been published before or
" at the time of passing an Act made in the twenty- sixth year of King George
" the Second, intituled * An Act for the better preventing of clandestine mar-
** ' riages/ " and the other passed in the forty-fourth year of the reign of
474
48 Geobge III. c. 127.
A.D. 1808.
44 Geo. 3. a 77.
Marriages
solemnized
r
before Aug.
23, 1808, in
.
1 -
any church or
chapel duly
consecrated,
shall be as valid
r
as if solemnized
in parish
churches.
1
Ministers who
f .
_ ■
shall have
p- , •
solemnized
r-
such marriages
indemnified.
V?
Registers of
such marriages
to be received
in evidence.
Begisters of
marriages
solemnized in
publick chapels
shall be re-
moved to
the parish
churches, &c.
his present Majesty, intituled "An Act to render valid certain marriages
" solemnized in certain churches and publick chapels in which banns had not
" usually been published before or at the time of passing an Act made in the
" twenty-sixth year of the reign of his late Majesty King George the Second,
" intituled ' An Act for the better preventing of clandestine marriages ' " : And
whereas divers marriages have been solemnized since the passing of the said
last-mentioned Act within that part of Great Britain called England, Wales,
and town of Berwick-upon-Tweed, in divers churches and chapels duly con-
secrated, but by reason that in such churches and chapels banns of matrimony
had not usually been published before or at the time of passing the said firsi-
mentioned Act, such marriages have been or may be deemed to be void : May
it therefore please your Majesty that it may be enacted, and be it enacted by
the King's most excellent Majesty, by and with the advice and consent of the
lords spiritual and temporal, and commons, in this present Parliament assem-
bled, and by the authority of the same, that all marriages already solemnized
or to be solemnized before the twenty-third day of August one thousand eight
hundred and eight in any church or publick chapel in that part of Great
Britain called England, Wales, and the town of Berwick-upon-Tweed, duly
consecrated, shall be as good and valid in law as if such marriages had been
solemnized in parish churches or publick chapels having chapelries annexed,
and wherein banns had usually been published before or at the time of passing
the said last-mentioned Act.
II. And be it further enacted by the authority aforesaid, that all parsons,
vicars, ministers, and curates, who before the said twenty-third day of August
one thousand eight hundred and eight shall have solemnized any of the mar-
riages which are hereby enacted to be valid in law, shall be and they are
hereby indemnified against the penalties inflicted by the said recited Act made
in the twenty-sixth year of the reign of his said late Majesty King George
the Second upon persons who shall solemnize marriages in any other place
than a church or publick chapel in which banns had been usually published
before or at the time of passing the said last-mentioned Act
III. And be it fui*ther enacted by the authority aforesaid, that the registers
of marriages solemnized or to be solemnized in the said churches or chapels,
which are hereby enacted to be valid in law, or copies thereof shall be received
in all courts of law and equity in evidence in the same manner as the registers
of such marriages solemnized in parish churches pr publick chapels, in which
banns were usually published before or at the time of passing the said recited
Act of the twenty-sixth year of the reign of his said late Majesty King
George the Second, or copies thereof are received in evidence: Provided
nevertheless, that in all such courts the same objections shall be available to
the receiving such registers or copies in evidence as would have been available
to the receiving the same in evidence if such registers or copies had related to
marriages mentioned in such last-mentioned parish churches or publick chapels
as aforesaid.
IV. And be it further enacted by the authority aforesaid, that the registers
of all marriages solemnized in any publick chapels which are hereby ena<jted
to be valid in law shall, within thirty days next after the said twenty-third
day of August one thousand eight hundred and eight, be removed to the parish
church of the parish in which such chapel shall be situated ; and in case such
AJ). 180&
48 Qeobqe hi. c. 127, 128.
475
dhapd shall be sitoated in an extra-parochial place, then to the parish church
next adjoining to such extra-parochial place ; to be kept with the marriage
registers of such parish, and in like manner as parish registers are directed to
be kept by the said recited Act made in the twenty-sixth year of the reign
of his said late Majesty King George the Second; and within twelve months
after the removal of such registers to such parish churches respectively two
copies thereof respectively shall be transmitted by the respective church-
wardens of such parishes to the bishop of the diocese or his chancellor,
sabscribed by the hands of the minister and churchwardens of such parishes
tespec&veljy to the end that the. same may be faithfully preserved in the
registry of the said bishop.
CHAPTER CXXVIIL
Ak Act to repeal so much of an Act passed in the Forty-fifth Year of his
present Majesty for regulating the Office of Paymaster General as requires
certain Accounts to be examined and settled within certain Periods by
the Secretary at War, and enabling his Majesty to make Orders for
examining and settling such Accounts. [30th June 1808.]
W'HEREAS an Act passed in the forty-fifth year of the reign of his present
Majesty, intituled ^^ An Act to repeal an Act made in the twenty-third year of
^ his present Majesty for the better regulation of the office of paymaster general of
** his Majesty's forces, and the more regular payment of the army, and for the more
^ efiectually r^olating the said office "; and certain provisions are contained in the said
Act as to periods within which certain accounts of agents of r^ments in his Majesty's
foroes transmitted to the secretary at war are to be examined and settled : And whereas
it has been found that the said provisions cannot be strictly complied with: And
whereas the commissioners appointed to enquire and examine into the public expendi-
tore and the condnct of pabUc business in certain military departments are proceeding
in an inquiry in relation to the War Office and the accounts thereof, and as to regi-
mental accounts and expenditures ; and it is therefore expedient that the said provisions
of the said recited Act should be repealed, and that his Majesty should be empowered
to order and direct all such accounts to be kept and made up and transmitted and
examined and settled by such person or persons in such manner, at such times, and at
BDch periods as shall be deemed expedient, so that any of the regulations which may
be suggested by such commissioners, or which it may be otherwise thought proper to
adopt, may be carried into execution with the least possible delay for the public scr-
yice : Be it therefore enacted, by the King's most excellent Majesty, by and with the
advice and consent of the loids spiritual and temporal, and conunons, in this present
Parliament assembled, and by the authority of the same, that so much of the said recited
Act as requires the annual accounts of every regiment, troop, and company to be
examined and settled by the secretary at war, or by such other person or persons as
shall be duly authorized by his Majesty for that purpose, within three months after the
receipt thereof, and further requires certificates of the several charges allowed in the
said accounts to be transmitted to the office of the paymaster general of his Majesty's
forces, with warrants signed by the King, shall be and the same is hereby repealed,
ptep., Stat, Law Rev. Act, 1872 (No. 2).J
IL And be it further enacted, that it shall be lawful for his Majesty by
any warrant or warrants under his royal sign manual to make and issue such
orders and declare and establish such rules and regulations for the more speedy
and effectual examination and settlement of the accounts of regimental ex-
penditures, or of such other expenditures for army services as usually have
been or shall be hereafter examined in the ofiice of the secretary at war, bh
shall appear to be most expedient, and to facilitate the final examination and
settlement of such accounts.
Becitalof
45 Geo. a. c. 58.
So mach of
recited Act as
reqnirefl the an-
Dual accounts
of every regi-
ment to be
nettled by the
secretary at
war, and re-
quires certifi-
cates of the
charges al-
lowed to be
tnnsmitied to
the paymaster
dt the foroes,
repealed.
His Majesty
may midie r&>
gulations for
the speedy
setthmient of
accounts of
regimental ex-
penditures, &c.
478
48 Georqe hi a 138.
A.D. 1808.
Where the
paruh-Bhall not
be altogether
BituBted in one
amntj, &c.
two or more
A
lBll»lli||
maj fix npon
ft^JoiniDg
counties for
taking the flar
be made ac-
coTdiag to the
highest fiar
Kightofiurreti-
dering (einds
not to be taken
modified, as appearing from the annnal iiars of the county or stewartry
which the paxi^, the stipend of which shall have heen no modified, shall be
situated, struck in virtue of authority from the sheriff or stewart, for that crop
or year for which such stipend modified in grain or victual shall be payable.
Xn. Provided always, and be it enacted, that where any such parish
not be altogether situated in one and the same county or stewartry, or '
no annual fiars applicable to the kind or description of grain or victual modi-
fied, shall be struck in the county or stewartry wherein such parisli is situatM,
it shall be competent for the said lords of council and session as commlssioncis
aforesaid to fix upon and specify two or more of the adjoining comitiea, or
auch stewartry, county, or counties as they shall deem most suitable in the
circumstances of the case, according to the annual fiar prices of whicli
stewartry, county, or counties they shall decree the value thereof to be paid in
money.
XIII. Provided always, and be it enacted, that where there shall have lieen
or shall be different rates of annual fiar prices for any county or stewartty.
district or place struck in virtue of authority from the sheriff or stewart, the
said convei^on from money into grain or victual, and from grain or victual
into money, in all of the cases aforesaid, shall be made according to the higher
annual fiar prices struck in virtue of authority from the sheriff or stewart for
the said county, stewartry, district or place.
XIV. Provided always, and be it enacted, that the right of any heritor to
surrender his valued teind in place of subjecting his lands to the amount of
the stipend localled upon them shall not be taken away by what is herein
enacted.
Begnlations XYl. AND be it enacted, that it shall be lawful for the said lords of council
^^ab*dri^e and session as commissioners aforesaid, and they are hereby empowered and
the fonna and required, to establish rules and regulations for abridging the forms and expence
citotit.^ and °^ citation of heritors and others, and for ascertaining the fects and circum-
for expediting stances of the case, and to establish regulations for executing the business
4c. *"' committed to them by the said in part recited Act of the Pailiament rf
Scotland, and by the present Act, with as much expedition and as little
moderator and
clerk of the
presbytery
to bo cited,
and fumiBhed
with slatement
of present sti-
peod, and the
addition in-
tended to b«
cntred, &c
Pteebytety
maj appear
as parties to
the process.
XVII. And in order to guard against collusion, and also in order that no
processes of augmentation or for modification of stipends shall be raised m
the ground of alledged collusion, be it farther enacted, that every miniBfa
insisting in the process of augmentation shall after the pafising of this Act,
besides citing the heritors, also cite the moderator and .clerk of the prcsbj'tery
of the bounds, and furnish them with a statement of the amount of hu
present stipend, and the addition to the stipend which he means to crave, in
order that the presbytery, if they shall judge it proper, may appear as parties
to the process ; and in the event of the presbytery entering no appearance,
the minister shall forthwith transmit to the moderator or clerk of the pres-
bytery a certified copy of the interlocutory pronounced by the court ; and it
shall be competent to the presbytery, within five months after such inta^
locutor is pronounced, to enter an appearance, and to shew, if tliey shall s»
cause, that the decree of modification pronounced is collusive and prejudicial
to the benefice : Provided, that if the presbytery shall enter an appearance
A.D. 180&
48 Georgc hi. c. 138, 140.
479
in sach process, it shall be competent to the court t6 subject the minister
insisting in such process in the whole or any part of the expences of process
incoired by the presbytery.
CHAPTER CXL.
Ak Act for the more effectual Administration of the Office of a Justice of the
Peace, and for the more effectual Prevention of Felonies within the
District of Dublin Metropolis. [30th June 1808.]
WHEREAS an Act was made in the Parliament of Ireland in the thirtj-fifth year
of his present Miijestj's reign, intituled ^ An Act for more effectually preserving
*^ the peace within the city of Dublin and the district of the metropolis, and esta-
** blishing a parochial watch in the said citj ": And whereas another Act was made
m the Parliament of Ireland in the thirty-sixth year of his present Majesty's reign,
** for explaining and amending the said recited Act of the thirty-fifth year, and for
*^ remedying the abuses committed by pawnbrokers within the district of the said
^ metropolis or three miles thereof ": And whereas another Act was made in the
Fulisment of Ireland in the thirty-ninth year of his present Majesty's reign to amend
the said recited Acts of the thirty-fifth and thirty-sixth years of his present Majesty's
reign : And whereas another Act of Parliament was made in Ireland in the fortieth
jear of his present Majesty's reign, intitnled ^'An Act for amending and making
" perpetual the several laws for regulating the watch in the district of the metropolis,
^ and for granting a further duty upon pawnbrokers ": And the said Acts have been
foimd insufficient for effectuating the said purposes : Be it therefore enacted by the
King's most excellent Majesty, by and with the advice and consent of the lords
spiritnal and temporal, and commons, in this present Parliament assembled, and by the
authority of the same, that the said Acts of the thirty-fifth and thirty-sixth years of
his present Majesty's reign, and every matter and thing therein contained, and also so
mach of the said Acts of the thirty-ninth and fortieth years of his present Majesty's
rdgn as relates to the watch establishment, shall be, and the same are hereby repealed ;
(save and except so much of the said Acts or any of them respectively as repeeds any
former Act or Acts, or any danse, power, or authority, or provision given or enacted
bj any former Act or Acts, and save and except so much of the said Acts or any of
them as provide for the payment of any salary or salaries to any person or persons
in respect of having held any office or offices whatsoever abolished by the said Acts or
either of them, and also save as herein-afiter mentioned.) f Bep., Stat. Law Bev. Act,
1872 (No. 2).J
IL Akd be it further enacted, that his Majesty's castle of Dublin, and all places
within eight miles thereof in every direction, as to all matters and things not within
the jurisdiction of the court of Admiralty of Ireland, shall be united in one district,
and be called "* The Police District of Dublin Metropolis." {Rep., Stat. Law Bev. Act,
1872 (No. 2).J
m. Ahd hie it further eoMcted, that the said police district shall >je diviilerl into six
divisions ; and that it shall and noay be lawful to and for the lord lieutenant or oth#fr
chief governor or governors of Ireland for the time being, by warrant under hand and
seal, from time to time to direct, declare, and point out the limits of the said divLnifins
respectively, and to change the same from time to time at Im or their will and pkw»iire,
and to caose six several public offices to be established^ one thereof in each of the mid
divifflonsy and to cause the same to be changed from time to time as he or they shall
thmk proper. jBep^ Scat. Law Bev. Ac^ 1872 (No. 2).l
lY. AiiD ^ it enacted, that there shall f>e appointed in manner herein^after
mentioned ei^teen fit and pn^>er persons to be divisional justices witliin the said
district, six whereof to be barristers of not IfeKS than six years standing earrh ; and that
twelve of the said divi^^ional ja.<ices shall be appointerl by the lord lieuti^nant or cHher
chief governor or governors of Ireland for the time !jeinj( ; Uf wit, six harristws of
»nch standing as afore-aid, and thre*? alderm^ ^/f the citv of Dublin, Bwi tbr<r*? j*#TNori«»
being sherifik peers or memb^rr- fif the efjunn<m ojtuju'jl fff iha «wid fiity, wh^mi h<r or
they shall think proper ; and it shall \m: Uwful Uir tlie 1/^rd Jjeut/;nant or ^Hher chief
Recital of
Irish Acts,
35 Geo. 3. c. 36.
36 Geo. 3. c. 30.
39 Geo. 3. c. 56.
40 Geo. 3. c. 62.
Becited AcU
of 35 aod 36
Geo. 3, and
foimidi of
39 aod 40
Geo. 3. as
relates to the
watch ettaUisb-
ment, repealed.
FormataoD aad
HiiDt# of Oobiis
poliee
Police district
to be divided
into six divi*
MCMW with
public
AppotntiDeiit
4^ drriftioiial
Jiwliceii ;
aod receiver.
i
ft *
M,
480
48 George III. c. 140.
A-D. 1808.
governor or governors of Ireland for the time being, to appoint a receiver, not being
an alderman of tbe city of Dublin, wbo shall be called " the receiver of the public
" offices in the police district of Dublin metropolis," which receiver shall be incapable
of being appointed or elected a divisional justice under this Act, and shall be removable
from time to time by the lord lieutenant or other chief governor or governors of Ire-
land for the time being at his and their good will and pleasure. TRep., Stat. Law
Rev. Act, 1872 (No. 2).}
Election of six V. And be it further enacted, that the other six divisional justices shall be elected
of the divisional to the said offices, subject to the approbation of the said lord lieutenant or other chief
JUS ices. governor or governors of Ireland for the time being, and the privy council, in manDcr
herein-after mentioned ; and that the persons . so to be elected shdl be three aldermen
of the city of Dublin and three sheriffs peers. TBep., Stat. Law Rev. Act, 1872
(No. 2).J
^
Lord lieutenant
to appoint one
of the justices
chief magis-
trate of the
police.
Office of the
castle division
to be the head
office.
XI. And be it enacted, that it shall and may be lawful to and for the lord lieutenant
or other chief governor or governors of Irelimd for the time being, by warrant under
hand and seal, to nominate any one of the said divisional justices, being an alderman,
whom he shall think proper, to be the chief magistrate of the police of Dublin, and in
like manner to change the same at his and their good will and pleasure, and such chief
magistrate shall for the time being be one of the divisional justices of the division in
which his Majesty's castle of Dublin shall be situate ; and that the office of the said
division shall be called ** The Head Office of the Police." fRep., Stat. Law Rev. Act,
1872 (No. 2). J
I)
».-
Divisional
justices, &c.
incapable of
sitting in the
House of Com-
mons, and such
of them as may
be barristers
incapable of
practising.
Ko barrister or
other officer
acting under
this Act (with
certam excep-
tions) to vote
or interfere in
the election of
'members of
Parliament for
the county or
city of Dublin.
XIV. And be it enacted, that the said divisional justices and receiver and
all other persons holding any office in or under the said police establishment
shall be incapable of being chosen members of or sitting in the House of Com-
mons in ^ny Parliament during such time as they shall hold the said offices
respectively ; and that no barrister who shall be appointed or elected a divisional
justice under this Act shall, while he shall hold the said office, practise as a
barrister in any court whatever, or do any business as a barrister out of court,
in drawing deeds or pleadings in law or equity or any draft or drafts thereof
respectively, or in giving any opinion or opinions, or otherwise ; and if any
such barrister shall offend herein, he shall for every such offence forfeit the
sum of five hundred pounds sterling.
XV. And be it further enacted, that no barrister or other officer or person
nominated or appointed by or under this Act (except the said divisional
justices who shall be aldermen, sheriffs peers, or common councilmen), shall,
during the time he shall continue in his office or within six months after he
shall -have quitted the same, be capable of giving his vote for the election of a
member to serve in Parliament for the county of Dublin or the city of Dublin
respectively, nor shall by word, message, writing, or in any other m^arner
endeavour to persuade any elector to give or dissuade any elector from giving
his vote for his choice of any person to be a member to serve in Parliament
for the said county and city of Dublin respectively ; and every such officer or
person as aforesaid offending therein shall forfeit the sum of one hundred
pounds, one moiety thereof to the informer, and the other moiety to be paid to
the said receiver of the said public offices to be applied to the uses of the
said establishment, to be recovered by any person that shall sue for the same
by action of debt, bill, plaint, or information in any of his Majesty's courts of
record at Dublin, in which no essoign, protection, privilege, wager of law, nor
more than one imparlance shall be allowed ; such action to be brought within
the space of one year after such offence so conmiitted : Provided always, that
A.D. I80a 48 GfiOBGE lU c 140. 481
noduog in this Act shall extend or be oonstmed to extend to subject sash.
officer or peis<m as aforesaid to any penalty or penalties for any act or acts
done by him at or conoeniing any of the said elections in discharge of his daty
or doties in his respectdve capacity.
to
X£L Akd be it further enacted by the aathoritr afiHesaki, that the
justices under this Act shall in their respective offices retain and employ a ^efficient
somber of clerks^ and also a sufficient nnmber of fit and able men, whom they or any
of than are hereby respectivdr anthorized and empowered to swear in to act as
constables for preserrin^ the peace and preTenting robberies and other felonies and
apprehending ofienders against the peace within the said police district of DaMia
metropolis, as well by night as by daj ; which said constable^ so appointed and $wom
18 aforesaid shall have all snch powers, anthorities, pririleges, and adTantages as ac j
ooDstabie dnly appointed now has or hereafter mar fasTC br virtue of anv law or
statute in force in Irdand, and shall obey all such lawful oonunands as ther shall from
time to time receive from the said divisional justices under dus Act respectively, for the
ftpprehending offenders or otherwise oondocting themselves in the execntj^.m of th^^ir
sud office or emplovment by day or night ; and such divisional justices or any two r>f
them shall and may at any time dismiss frtmi his said employment every such coustaMe
bdoDging to their respective offices, whom thej shall think remits or ne^Iizeut in liie
execntion of his duty, or otbo-wise unfit for the same, and appoint such cibtrrs in tlnrir
stead as to them shall seem meet : Provided always that no greater caml^r than two
clerks and three office eonstabl^^ and four peace officers shall at any or.e aLd the same
time be so retained as aforesaid at any one of the said publick offices^ except at the office
of the division in wbich his Majesiys castle of Dublin shall be situate, anii in which the
said chief magistrate of pohce aiiall be oce of the divisional justices as aiure?said ; ac.<l
in the office of the said division no greater numb»- than two clerks and three office
ooDstibles and twenty-eight peace officers shall at any one time and the same time be
» retained : Provided aLsOf, that if anv person so appointed a constable as afor»r^d
iball be dismiaeed from the said emplovment, aU poweis and authorities vested in him
» a constable under and by virtue of this Act shall immediatdy cease and determine
to lU intents and parpoees 'whatsoever. {Rep^ Stat. Law Bev. Act, 18T2 ^ No. 2}\
XXVLL ASD be it further enacted, that no justice of the peace for the 3Co j^<
ODonty of DabCn or for the c»>antv of the dtv of Dublin, or his or their clerk ./• '
•' • • ' to taJLe a-iy
(Mrderks, or anv persc-n for them, other than at the said puMic c5ce>, sLall ^tii :-j
directly or indirectly, upon any pretence or under any colour whatever, take «i^i *.
or leceiTe any fee, gratuity, reward, or recoicpence f:.r acy act ty h:m c-r <A».
them done or to be d >ne in the execution of his or their o:5oe or emr^IoT as
justice or justices of tbe peace, d-^rrk or clerks as aforesaid within the limits of
the said pcdioe district of Dallin metrofiolis, uj-'vn j-ain of forfeirir.;^ the sum
of one himdred poun«Is f >r every such oSWnce : Provided always, that nothing
herein contained shall extend or be construed to extend to prevent the lord
mayor rf the dty of Dullin, cr the president of the coart of conscience or of
the crown c^iee, or the magistrate aiUrnding in the rotati^^n office for the tirne
being fran receiving sncb fees as they are by law entitled to.
XIVILL Asd be it farther exacted, that the divvuonal yiAiloa aff^f^sMd Vi^i^tmai
and their derks respectiTely *hall, in hxjla to be provided for that purpov.', ^'•*''**
Keep a full, tme, and pardcular acrrount of all the fe«a taken an/l nf>iivfA at k^^ »^>bat
eadi c^the said jnV^ ^&fy^^ ujrr^X^ with afl Cn^,p«ialti^,fcr»/| f/^itar*^ mhuM *'*^' **- '
^afl hsve been reeo^ercr^L a^T>«L or r**^iT*^i m y*T^xsuyKH of mij %t\'yAjiAij,ti^ i'/m^
^cticMii or order had or nad^ at anv c,t ujz vtA prfh,i/; f4hf>^, or mny prfff/p^ or warrant
isningfrooitheaMe |Bepw!satLawiieT, A^ l%72^Xo.2y.I ; and tli/: Mi/l yi-XifM
8haQ once in every ny:»i*L 'lelirer »rr.v> *u/!:h r*:Cfir*ir %w:h ac*y/fj/jt, yf*^VuA u\ffm
oath by sodi juttiee or j:i^Icea, tLeir derk or cferfw, and such oU*'5r pmon or
VOL. I?; n u
482
48 Geokge III. c. 140.
A,D. 1808.
and pay the
amonnt to the
receiver of the
public offices.
persons as shall be employed in keeping such accounts respectively, or any part
thereof, before the lord mayor of the city of Dublin, which oath iiie said lord
mayor is hereby authoiMzed and required to administer, and shall pay or cause
to be paid the amount of all such fees to such receiver.
Persons
charged with
offences in the
police district
may be taken
in any part
of Ireland
under warrant
of divisional
justices.
XXXI. And be it further enacted, that in case any person or persons
charged on oath of one or more credible witnesses with any treason or felony
committed within the said police district of Dublin metropolis shall fly for
the same, or remove to or be found or be in any other part of Ireland, then
and in every such case the warrant or warrants of the said divisional justioes
or any of them shall have fuU force and effect in any part of Ireland to whidi
such person or persons may have fled or removed, or where such person or
persons shall be found or be ; and all gaolers and keepers of prisons are hereby
authorized and directed to receive into their custody such person or persons
when apprehended or in custody under or by virtue of such warrant, and eatji
and every of theiji in safe custody to keep until transmitted to the said district
of Dublin metropolis, any law or usage to the contrary notwithstanding.
Penalty on jus-
tices how to be
recovered.
No person
charged with
high treason
shall be ad-
mitted an ap-
prover without
consent of at-
torney general
or solicitor
general
Constables may
break open
houses to
search for
traitors, felons,
&c.
Justices, con-
stables, &c.
indemnified
though the
goods shall
appear not to
be stolen, or
no felons, &c.
be found in the
houses.
XXXIV. And be it enacted, that « • « every justice offending
in any particulars aforesaid shall forfeit the sum of twenty pounds, to be recovered by
civil bill in the court of proper jurisdiction. {Rep., Stat. Law Rev. Act, 1872 (No. 2).}
XXXV. And be it enacted, that no person charged with or accused of having
committed any high treason within the said police district shall be admitted
to give evidence for the crown against his or her accomplice or ticcomplices
without the previous consent in vmting of his Majesty's attorney general, or,
in his absence or in the vacancy of the said office, of his Majesty's solicitor
general ; and any justice offending herein shall forfeit the sum of one hundred
pounds, to be recovered in like manner.
XLVI. And be it further enacted, that it shall and may be lawfnl for the said con-
stables or any of them, being duly authorized thereto by the warrant of any two of
the said divisional justices, one of whom to be an alderman, which warrant any such
divisional justice on information on oath to him given is hereby authorized to grant,
to break open any dwelling-house, out-house, shop, warehouse, cellar, or other place
named in such warrant, as shall not be opened on demand, after due notice of such
warrant, in order to search for traitors or felons, or accessories to any traitors or felons,
or receivers of stolen goods, or to search for any goods, chattels, or other things stolen
or feloniously taken or carried away. |Rep., Stat. Law Rev. Act, 1872 (No. 2).J
XLVIL And be it further enacted, that in case the goods, chattels, or other
things so carried and conveyed as aforesaid, shall not have been stolen, or in case
|Rep., Stat. Law Rev, Act, 1872 (No. 2).J no felon or accessary to felony, or
receiver of stolen goods, nor any goods or chattels stolen or feloniously taken
or carried away shall be found in such dwelling-house, out-house, shop, ware-
house, cellar, yard, or other place, and that any action, suit, plaint, or infor-
mation against any person or persons for such apprehending, entering, or
breaking shall be commenced within six months after the offence committed;
and any such person so sued or prosecuted may plead the general issue of not guilty,
and upon issue joined may give this Act and the special matter in evidence {Rep.,
Stat. Law Rev. Act, 1872 (No. 2).J j and if the plaintiff or prosecutor shall become
nonsuit or forbear prosecution, or suffer a discontinuance, or if a verdict or judgment
on demurrer shall pass against him, the defendant shall recover |treble costs, f Bep.,
5 & 6 Vict. c. 97. s. 2.1
A.D. 1808.
48 Geokge III., a 140.
488
XL VJIL . Provided always, and be it further enacted, that when a verdict
shall be given for the plaintiff in any such action or suit, and it shall appear
to the judge or judges before whom the same shall be tried that there 'was
probable cause for doing the act complained of in such action or suit, and
that the judge or court shall certify the same on the record, then and in such
ease the plaintiff shall not be entitied to more than sixpence damages, nor to
any costs of suit : Provided alsoy that where a verdict shall be given for the plaintiff
in an J sach action as aforesaid, and the judge or court before the same shaH be tried
shall certify on the record that the injury for which action is brought was wilfully
and maliciously committed, the plaintiff shall be entitled to treble costs of suit. JRep.,
5 fc 6 Vict c. 97. 8. 2.J
XLIX. And be it further enacted, that any person in whose dwelling-house,
out-house, shop, warehouse, cellar, yard, or other place within the said police
district any such stolen goods or chattels or any receiver of stolen goods shall
be knowingly and wilfully harboured or concealed shall, upon being convicted
by due course of law of so knowingly and wilfully harbouring or concealing
snch goods and chattels or any such receiver of stolen goods, for the Brst
offence forfeit the sum of one hundred pounds, and for every subsequent
offence the sum of two hundred pounds, or, if he or she shall be unable to
pay the same, shall be committed to prison, without bail or mainprize, for any
time not less than three or more than six calendar months for the first offence,
nor less than six nor more than twelve calendar months for every subsequent
offence; such forfeiture to be recovered by civil bill in the court of the recorder
of the city of Dublin.
L. And be it further enacted, that every person selling or being licensed to
sell beer, ale, or spirituous liquors, or exercising or in any way carrying on the
trade and occupation of a pawnbroker, watchmaker, buyer of old iron, lead,
copper, tin, pewter, or other metal, gold and silver only excepted, or old build-
ing materials, and all and every dealer or dealers in old furniture or old
doaths, all and every broker or brokers dealing in any second-hand goods or
commodities whatsoever, or stablekeepers, or other persons letting any horse,
mare, or gelding for hire within the said police district shall in every year
before the twenty-fifth day of March give notice of his or her name, place of
abode, and occupation to the divisional justices of the division in which he
or she shall reside by a note in writing, stating the said matters, and directed
to the said divisional justices, and left for them at the police office of such
division, or with some of their clerks or constables belonging to such office,
and as often as he or she shall change his or her place of abode shall imme-
diately give a like notice according to such new place of abode ; and as often
as sQch notice shall be given such divisional justices or any of them shall
gnmt a certificate to such person or persons of his, her, or their having given
BQch notice, for which certificate such person or persons shall not. be. liable to
pay any fee or reward ; and every such person who shall fail in giving such
fiotice shall upon conviction thereof forfeit the sum of five pounds.
LI. Akd be it further enacted, that as often as any of the said persons so
Inquired to give such notice shall have in his, her, or their possession any
goods or chattels, and after receiving a printed or written notice of such goods
or chattels being stolen, with a description thereof, shall wilfully omit or
HH 2
Plaiiiti€&,
wbere there
appears pro-
bable cause for
doing tbe act
complained of,
tobaTeonly
642. damages,
&c.
Penalty on any
person conceal-
ing stolen
goods, &C.
Publicans, ,
pawnbrokers,
&c to give
notice of their
names, abode,
&c.
Such persons
having stolen
goods to pro-
duce them on
notice, and
state from
•484
48 George III. c. 140.
A-D. 1808.
irlioin they
were received,
&c.
' - 1
'»■
Constables to
search for con-
cealed arms, &c.
Nightwalkers,
&c. to bo
apprehended,
and, in default
of gi^uig s^
coritj for good
behaviour, to be
deemed rogues
and vagabonds.
refuse to make discovery to the divisional justices of the division in "which he
or she shall reside, or to some of them, of so having the same in his or her
possession, and of the person or persons from whom he, she, or they received
them, or shall, on being duly required by notice in writing signed by any of
the said divisional justices, neglect or omit to attend at the office of his or her
proper division at such time as shall be mentioned in such notice or order, or
refuse to be examined concerning the same, every such person shall upon
being convicted thereof forfeit the sum of fifty pounds, and the value of suA
goods and chattels ; and if he, she, or they upon requisition made by any of
the constables to produce the same shall omit or refuse so to do, every
person so offending shall, upon being convicted thereof, forfeit the hke sum
of fifty pounds, and the value of such goods ^nd chattels ; and if such person
shall be unable to pay such fine or penalty, he or she shall be committed to
the ho\ise] of connection for any time not exceeding six months, at the dis-
cretion of the divisional justices before whom such person shall have been
convicted.
LII. And be it further enacted, that it shall and may be lawful for the sadd
constables or any of them, being thereto duly authorized by the warrant of
any of the divisional justices appointed under this Act, to search all suspected
places in such warrant mentioned for concealed arms ; and if such constables
shall thereupon find any gun, pistol, sword, blunderbuss, pike, dagger, or
hanger, or other arms in the possession of any person not qualified by law to
bear or carry arms, he is hereby i-equired and authorized to seize and carry
the same to the publick office of such division, and the justices of such divi-
sion are required to send such arms so seized to his Majesty's arsenal, to be .
applied to the use of his Majesty, his heirs and successors ; and the person in
whose possession the said arms shall be so found shall find sureties for his or
her good behaviour for three years, or shaU be committed to prison by the
said divisional justices or any one of them until he shall give such security :
Provided always, that no such warrant shall be granted except on the infor-
mation given to the said parties or any of them upon the oath of one or more
credible witnesses that to the best of his, her, or their knowledge and belief
such unqualified person is in possession of arms as aforesaid.
LIIL And be it further enacted, that all nightwalkers, all persons noto-
riously suspected of being thieves, and all persons gaming or tippling in the
publick streets, bye places, or fields within the police district of Dublin
metropolis shall or may be apprehended by any of the said constables, or by
any patrole or watchman, and carried to the publick office of the divimon ;
and if any such person shall not; give security for his or her good behaviour,
he or she shall be adjudged, deemed, and taken to be a rogue and a vagabond
within the meaning of the statutes in that behalf in force in Ireland ; . • •
<-• s
All crimes
committed on
or within the
circular road to
be tried, &c. as
if committed
in the county
of the city of
Dublin.
LVII. And for carrying into execution the good purposes of this Act, be it
enacted, that all treasons, felonies, misdemeanors, crimes, and ofiences what-
soever which shall hereafter be done or committed in any place situate in or
upon any part of the circular road surrounding the city of Dublin, or in any
place situate within the limits circumscribed by the said circular road, shall be
ID. 1808. 48 George III. c. 140. 485
prosecuted, proceeded on, and tded in the same court and courts, and in the
same manner in all respects, as if the same had been committed within the
county of the city of Dublin, and shall be laid in any indictment to have been
committed within the said county of the city of Dublin ; and that as to the
prosecution, apprehension, and trial of all persons charged with any of the said
crimes or offences hereafter to be committed, the said circular road and every
place lying within the same shall be apd be deemed and taken to be part and
parcel of the county of the city of Dublin ; and that the sessions of the peace Sessioiu forth*
for the county of the city of Dublin shall not be adjourned for any greater *^JJ°of ^bKn.
length of time than from six weeks to six weeks, and that it shall and may
be lawful to hold the said sessions during the law terms ; provided, however,
that nothing herein contained shall prevent the holding of the sessions of the
peace for the county of Dublin in the usual place for holding the same, or
fthail in anywise affect the prosecution or trial of any person accused of
having committed perjury on any trial held before a jury of the county of
Dublin, but that all and every the said matters shall proceed as if this Act
had not passed.
LVin. And whereas the continuation of the said circular road is inter-
rupted by his Majesty's park called The Phoenix on the west side of the said
city, by reason whereof doubts may arise as to divers parts and places adja-
cent thereto whether the same ought to be deemed and taken to be within
the limits surrounded by the said circular road or not : For obviating of which
doubts, be it enacted, that where the said circular road is so interrupted on IMSiiitioii of
the west side of the said city, the wall bounding his Majesty's said park The ^ad on the
Phoenix on the east side of the said park, and extending from the said circular -^ert wdeof the
road where the same meets the said wall on the south side of the said park to purpose afore-
the said circular road where the same meets the said wall on the north side of "•*^ .
the said park, shall as to the said purpose be taken and considered as and in
the place and stead of the said circular road ) and that all places which would
be within the limits surrounded by the said circular road if the same were
continued in the line in which the said piece of wall now runs, shall for the
purpose aforesaid be deemed, taken, and considered to be within the limits This Act not to
surrounded by the said circular road ; provided, however, that nothing in this otherwise tria-
Act contained shall in anywise be construed so as to prevent any offence from bUs in th« said
being prosecuted or tried in the county of the city of Dublin which wotfld by
law have been so prosecuted or tried if this Act had not passed
LIX. Akd whereas by the provisions of this Act the duties of the recorder
of the city of Dublin will be considerably increased : And whereas his present
salaiy is inadequate to the trouble and importance of his office : Be it there-
fore further ena:d;ed, that it shall and may be lawful for the lord lieutenant or ^^^"^ Keotoiant
, empowcrod out
other chief governor or governors of Ireland for the time being to direct the of police fundM
yearly sum of one thousand pounds, dear of all taxes and deductions, to be ^JSS^i^
paid out of the fimds applicable to the expences of the said {K>lice establish-
ment to the said recorder of the city of Dublin, clear of all taxes and deductions
whatsoever, in augmentation of his salary.
LXY. Akd be it enacted, that no perB(ni shall Kopenonto
carry on the business of a pawnbroker within the said circular road or wiUiin ^^^^
474 48 George III. c. 127. A.D. 1808.
44 Geo. 3. c. 77. his present Majesty, intituled "An Act to render valid certain marriages
" solemnized in certain churches and pubUck chapels in which banns had not
" usually been published before or at the time of passing an Act made in the
" twenty-sixth year of the reign of his late Majesty King George the Second,
" intituled * An Act for the better preventing of clandestine marriages ' " : And
whereas divers marriages have been solemnized since the passing of the said
last-mentioned Act within that part of Great Britain called England, Wales,
and town of Berwick-upon-Tweed, in divers churches and chapels duly con-
secrated, but by reason that in such churches and chapels banns of matrimony
had not usually been pubMsbed before or at the time of passing the said first-
* mentioned Act, such marriages have been or may be deemed to be void : May
it therefore please your Majesty that it may be enacted, and be it enacted by
the King's most excellent Majesty, by and with the advice and consent of the
lords spiritual and temporal, and commons, in this present Parliament assem-
^f"*^ bled, and by the authority of the same, that all marriages already solemnized
before Aug. or to be solemnized before the twenty-third day of August one thousand eight
23, 1808, m hundred and eight in any church or publick chapel in that part of Great
any church or o •/ jt x* r
chapel duly Britain called England, Wales, and the town of Berwick-upon-Tweed, duly
SSnSea^aiid cousecratcd, shall be as good and valid in law as if such marriages had been
as if solemoized solemnized in parish churches or publick chapels having chapelries annexed,
Siitf ch^. ^^^ wherein banns had usually been published before or at the time of passing
the said last-mentioned Act.
Ministerg who IL And be it fiirther enacted by the authority aforesaid, that all paisons,
ttw\ 11.1 1 fl O V|>
Bolemnized vicars, ministers, and curates, who before the said twenty-third day of August
such marriages one thousand eight hundred and eight shall have solemnized any of the mar-
riages which are hereby enacted to be valid in law, shall be and they are
hereby indemnified against the penalties inflicted by the said recited Act made
in the twenty-sixth year of the reign of his said late Majesty King George
the Second upon persons who shall solemnize marriages in any other place
than a church or publick chapel in which banns had been usually published
before or at the time of passing the said last-mentioned Act
Registers of III. And be it further enacted by the authority aforesaid, that the registers
to be iweivi^* ^^ marriages solemnized or to be solemnized in the said churches or chapels,
in cTideDce. which are hereby enacted to be valid in law, or copies thereof shall be received
in all courts of law and equity in evidence in the same manner as the roisters
of such marriages solemnized in parish churches or publick chapels, in which
banns were usually published before or at the time of passing the said recited
Act of the twenty-sixth year of the reign of his said late Majesty King
George the Second, or copies thereof are received in evidence: Provided
nevertheless, that in all such courts the same objections shall be available to
the receiving such registers or copies in evidence as would have been availahle
to the receiving the same in evidence if such registers or copies had related to
marriages mentioned in such last-mentioned parish churches or publick chapels
as aforesaid.
Begisters of IV. And be it further enacted by the authority aforesaid, that the registers
SSi^^^d in of all marriages solemnized in any publick chapels which are hereby enacted
P^Y'ck chapels ^ \^ valid in law shall, within thirty days next after the said twenty-third
moved to day of August one thousand eight hundred and eight, be removed to the parish
the pansh church of the parish in which such chapel shall be situated ; and in case such
churches, &c. '^ '^
LD. 180a 48 George III. c. 127, 128, 475
ehapel shall be situated in an extra-parochial place, then to the parish church
next adjoining to such extra«parochial place ; to be kept with the marriage
registers of such parish, and in like manner as parish registers are directed to
be kept by the said recited Act made in the twenty-sixth year of the reign
of his said late Majesty King George the Second; and within twelve months
after the removal of such registers to such parish churches respectively two
copies thereof respectively shall be transmitted by the respective church-
wardens of such parishes to the bishop of the diocese or his chancellor,
aabflcribed by the hands of the nunister and churchwardens of such parishes
respectively, to the end that the. same may be faithfully preserved in the
registry of the said bishop.
CHAPTER OXXVIIL
An Act to repeal so much of an Act passed in the Forty-fifth Year of his
present Majesty for regulating the Office of Paymaster General as requires
certain Accounts to be examined and settled within certain Periods by
the Secretary at War, and enabling his Majesty to make Orders for
examining and settling such Accounts. [30th June 1808.]
W'H£REAS an Act passed in the forty-fifth year of the reign of his present
Majesty, intituled " An Act to repeal an Act made in the twenty-third year of Recital of
** his present Majesty for the better regulation of the ofiB.ce of paymaster general of^^^^*^*®*^®*
^ his Majesty's forces, and the more regular payment of the army, and for the more
*^ effectaally regulating the said office "; and certain provisions are contained in the said
Act as to periods within which certain accounts of agents of regiments in his Majesty's
forces transmitted to the secretary at war are to be examined and settled : And whereas
it has been found that the said provisions cannot be strictly complied with: And
whereas the commissioners appointed to enquire and examine into the public expendi-
ture and the conduct of pubUc business in certain military departments are proceeding
in an inquiry in relation to the War Office and the accounts thereof, and as to regi-
mental accounts and expenditures ; and it is therefore expedient that the said provisions
of the said recited Act should be repealed, and that his Majesty should be empowered
to order and direct all such accounts to be kept and made up and transmitted and
examined and settled by such person or persons in such manner, at such times, and at So much of
each periods as shall be deemed expedient, so that any of the regulations which may ^ecitfd Act as
be suggested by such commissioners, or which it may be otherwise thought proper to "^"^^ the wi-
adopt, may be carried into execution with the least possible delay for the public ser- of every reri-
vice : Be it therefore enacted, by the King's most excellent Majesty, by and with the ment to be
advice and consent of the lords spiritual and temporal, and conunons, in this present settled by the
Parliament assembled, and by the authority of the same, that so much of the said recited «ecretanr at
Act as requires the annual accounts of every regiment, troop, and company to be ^,^g rt^,
examined and settled by the secretary at war, or by such other person or persons as cates of the ~
shall be duly authorized by his Majesty for that purpose, within three months af\«r the charges al-
receipt thereof, and further requires certificates of the several charges allowed in the lowed to be
said accounts to be transmitted to the office of the paymaster gener^ of his Majesty's transmitfed to
forces, with warrants signed by the King, shall be and the same is hereby repealed. «f^fiP*?™^f!f'
IRep., Stat. Law Rev. Act, 1872 (No. 2).J rep^S.
IL And be it further enacted, that it shall be lawful for his Majesty by Hia Majerty
any warrant or warrants under his royal sign manual to make and issue such ™^ make re-
orders and declare and establish such rules and regulations for the more speedy the speedy
and effectual examination and settlement of the accounts of re&dmental ex- *^*«™f°* of
. ^ accounts of
penditures, or of such other expenditures for army services as usually have regimental ex-
been or shall be hereafter examined in the office of the secretary at war, as P®'^^*'*'®*' *^-
shall appear to be most expedient, and to facilitate the final examination and
settlement of such accounts.
rW>
'
476
48 George III- c. 128, 138.
A.D. 1808.
%r:
Balances dae
from agente,
&c. not paid
' within a month
after demand,
ta be deemed
a debt to his
Migesty upon
record.
III. Pbovided always, and be it further enacted, that nothing herein con-
tained shall extend or be construed to extend to exonerate any agent or other
public accountant from the payment of any balance that may be declared to
be due from him, upon the examination and settlement of his accounts under
any orders or rules and regulations which may be made, issued, declared, and
established by his Majesty as aforesaid ; but that the balance so declared and
not paid within one month after the same shall have been demanded shall 1)6
deemed and considered to be a debt to his Majesty upon record, and be re-
coverable as such by his Majesty, his heirs and successors, with full costs of
suit and other charges attending the same, by the like process as by the laws
of that part of the United Kingdom wherein such agent or accountant shall
reside any debt to his Majesty arising within the same may be recovered.
r*i
Scotch Act,
1707.
Stipends aug-
mented or mo-
dified beforo
the passing of
this Act, not
to be again
modified for 15
years.
Stipends aug-
mented, &c.
after the pass-
ing of this Act,
not to be again
modified for 20
years.
CHAPTER CXXXVIII.
An Act for defining and regulating the Powers of the Commission of Teinds,
in augmenting and modifying the Stipends of the Clergy of Scotland.
[30th June 1808.]
\\l HEREAS by an Act of the Parliament of Scotland in the year one
^ ^ thousand seven hundred and seven, intituled " Act anent plantation of
" kirks and valuation of teinds," her Majesty Queen Anne and the estates of
Parliament empowered, authorized, and appointed the lords of council and
session to judge, cognosce, and determine in all affairs and causes which by
the laws and Acts of the Parliament of Scotland had been referred and did
pertain and belong to the jurisdiction and cognizance of commissioners formerly
appointed for that effect, as fully and freely in all respects as the said lords
did or might do in other civil causes ; and certain powers therein mentioned
were particularly granted by the said Act ; and it was thereby declared that
the said Act and commission should be subject nevertheless to such regulations
and alterations as should be made by the Parliament of Great Britain : And
whereas it is expedient that the powers of the said lords of coimcil and session
as commissioners aforesaid should in some respects be defined and regulated :
May it therefore please your Majesty that it may be enacted, and be it enacted
by the King'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 from and after the passing
of this Act it shall not be competent to the said lords of council and session as
conunissioners aforesaid, except as after specified, to augment or modify any
stipend which shall have been augmented or modified prior to the passing of
this Act, until the expiration of fifteen years from and after the date of the
last final decreet of modification of such stipend.
II. And be it enacted, that no stipend which shall be augmented or modified
by a decree after the passing of this Act shall be again augmented or modified
until the expiration of twenty years from and after the date of such decree or
modification thereof; nor shall any such stipend be augmented or modified at
any future period until the expiration of twenty years from and after the date
of the last decree of modification thereof respectively.
A.D. 1808. , 48 George III. c. 138. 477
YII. Frovibed further, and be it enacted, that in all cases whatsoever Commisciioners
where an augmentation or modification of stipend shall have been or shiall be J^fiwe to i^
applied for, and which shall be judged of, or a decision pronounced therein, ment or modify
after the passing of this Act, by the said lords of council and session as com- ^^^^ ""
missioneTS aforesaid, it shall and may be competent to them to refuse to
augment or modify any stipend in any such case, either on account of there
being no legal fund of augmentation or on account of the circumstances of the
case; and it shaU and may be competent for any party or parties to propone
all relevant objections in every case whatsoever where an augmentation or
modification shall be applied for, and which objections shall be determined by
the said lords of council and session as commissioners aforesaid as heretofore.
VUL And be it fiirther enacted, that every stipend which shall be augmented Stipends which
after the passing of this Act shall be wholly modified in grain or victual, even mented ^Su be
although part of the whole thereof shall have been previously modified in whollymodified
money, or although part of the whole of the teinds shall be money teijid, unless "^rt^nnleM
where it shall appear necessary, on account of the state of the teinds, or on ^^^^ >* ^^^^
aeoount of the interest of the benefice, or on account of the nature of the suy.
articles other than grain or victual which have been in use to be delivered in
kind as stipend, that a part of the said stipend should be modified not in grain
or victual but in money, or should be modified in such other articles as have
been in use to be delivered in kind as stipend.
IX. And be it further enacted, that in the case of every decree of modifica- Money stipend*
tion which shall be pronounced after the passing of this Act as aforesaid, it 5^^ g^^or
shall and may be competent to the said lords of council and session as com- ▼ictaai, except
missioners aforesaid, and they are hereby authorized and required, ta convert according to'
the said money stipend or money teind into grain or victual, save and except t^e fia^ pnces
as aforesaid ; and to make such conversion into grain or victual according to on average of
the fiar prices of the kind or description of grain or victual into which the ■®^*" y®*"-
same shall be converted, as appearing from the fiars of the county or steyrartry
Btrack-for each year in virtue of authority from the sheriff or stewart in which
the parish shall be situated, upon an average of such fiar prices for seven
years preceding the date of the decreet of modification, and exclusive of that
year in which such decreet of modification shall bear date.
X. Provided always, and be it enacted, that where such parish shall not Where the
he altogether situated in the same county or stewartry, or where no fiars JoTbe aito-
applicable to the kind or description of grain modified shall be struck in the father situated
county or stewartry wherein such parish is situated, it shall be competent for &c??he*fiar
the said lords of council and session as commissioners aforesaid, to convert P"<^ °^y ^
the said money into grain or victual according to the average of the aforesaid or more a4joiii-
seven years of the fiar prices of two or more of the adjoining counties, or of ™^ counties,
sach stewartry, county or counties as they shall deem most suitable in the
circumstances of the case.
XL And be it further enacted, that it shall not be competent for the lords MinisterBnotto
of council and session as commissioners aforesaid, where a stipend shall after ^T^^dy^aTto
the passing of this Act be modified in grain or victual, in whole or in part, to '^celve it in
authorize the minister to receive the same or any part thereof in kind, but ing to the fiar
that it shall only be competent for them to decree the value thereof to be paid P"^ ^^*^.®,
• 1 . . ^ grain, &c. into
or for him to receive the same in money, according to the fiar prices of the which the same
kind or description of grain or victual into which the same shaU have been J^^'' ^"^
478
48 George III. c. 138.
A-D. 180a
Where the
parifib'Shall not
be altogether
situated in one
county, &c.
two. or more
commissioners
may fix upon
adjoining
counties for
taking the fiar
prices.
Conversion to
be made ac-
cording to the
highest fiar
prices.
Right of surren-
dering teinds
not to be taken
away.
modified, as appearing from the amiual fiars of the county or stewartry in(^
which the parish, the stipend of which shall have been so modified, shall be
situated, struck in virtue of authority from the sheriff or stewart, for that crop
or year for which such stipend modified in grain or viirtual shall be payable.
Xn. Provided always, and be it enacted, that where any such parish si
not be altogether situated in one and the same county or stewartry,
no annual fiars applicable to the kind or description of grain or victual modi-
fied, shall be struck in the county or stewartry wherein such parish is situated,
it shall be competent for the said lords of council and session as commissionen
aforesaid to fix upon and specify two or more of the adjoining counties, or
such stewartry, county, or counties as they shall deem most suitable in the
circumstances of the case, according to the annual fiar prices of which
stewartry, county, or counties they shall decree the value thereof to be paid in
money.
XIII. Provided always, and be it enacted, that where there shall have been
or shall be different rates of annual fiar prices for any county or stewartry,
district or place struck in virtue of authority from the sheriff or stewart, the
said converaion from money into grain or victual, and from grain or victual
into money, in all of the cases aforesaid, shall be made according to the highest
annual fiar prices struck in virtue of authority from the sheriff or stewart for
the said county, stewartry, district or place.
XIV. Provided always, and be it enacted, that the right of any heritor to
surrender his valued teind in place of subjecting his lands to the amount of
the stipend localled upon them sl^all not be taken away by what is herein
enacted.
Regulations
may be made
for abridging
the forms and
expence of
citation, and
for expediting
the business.
In cases of
augmentation
moderator and
clerk of the
presbytery
to be cited,
and furnished
with statement
of present sti-
pend, and the
addition in-
tended to be
craved, &c.
Presbytery
may appear
as parties to
the process.
XVI. And be it enacted, that it shall be lawful for the said lords of council
and session as commissioners aforesaid, and they are hereby empowered and
required, to establish rules and regulations for abridging the forms and expenoe
of citation of heritors and others, and for ascertaining the facts and circam-
, stances of the case, and to establish regulations for executing the business
committed to them by the said in part recited Act of the Parliament of
Scotland, and by the present Act, with as much expedition and as little
expence as possible.
XVII. And in order to guard against collusion, and also in order that no
processes of augmentation or for modification of stipends shall be raised on
the ground of alledged collusion, be it further enacted, that every minister
insisting in the process of augmentation shall after the passing of this Act,
besides citing the heritors, also cite the moderator and.derk of the presbytery
of the bounds, and furnish them with a statement of the amount of hift
present stipend, and the addition to the stipend which he means to crave^ in
order that the presbytery, if they shall judge it proper, may appear as parties
to the process ; and in the event of the presbytery entering no appearance,
the minister shall forthwith transmit to the moderator or derk of the pres-
bytery a certified copy of the interlocutory pronounced by the court ; and it
shall be competent to the presbytery, within five months after such inter-
locutor is pronounced, to enter an appearance, and to shew, if they shall see
cause, that the decree of modification pronounced is collusive and prejudicial
to the benefice : Provided, that if the presbytery shall enter an appearance
A.D. 1808.
48 Georche hi. c. 138, 140.
479
in such process, it shall be competent to the court to subject the minister
insistiDg in such process in the whole or any part of the expences of process
incurred by the presbytery.
CHAPTER CXL
Ax Act for the more effectual Administration of the Office of a Justice of the
Peace, and for the more effectual Prevention of Felonies within the
District of Dublin Metropolis. [30th June 1808.]
WHEREAS an Act was made in the Parliament of Ireland in the thirty-fifth year
of his present Miyesty's reign, intituled '^An Act for more effectually preserving
**' the peace within the city of Dublin and the district of the metropolis, and esta-
^ bUshing a parochial watch in the said city ": And whereas another Act was made
in the Parliament of Ireland in the thirty-sixth year of his present Majesty's reign,
^ for explaining and amending the said recited Act of the thirty-fifth year, and for
*' remedying the abuses committed by pawnbrokers within the district of the said
" metropolis or three miles thereof": And whereas another Act was made in the
Parliament of Ireland in the thirty-ninth year of his present Majesty's reign to amend
the said recited Acts of the thirty-fifth and thirty-sixth years of his present Majesty's
reign : And whereas another Act of Parliament was made in Ireland in the fortieth
jear of his present Majesty's reign, intituled ^'An Act for amending and making
** perpetual the several laws for regulating the watch in the district of the metropolis,
'^ and for granting a further duty upon pawnbrokers ": And the said Acts have been
ibuid insufficient for effectuating the said purposes : Be it therefore enacted by the
King's most excellent Majesty, by and with the advice and consent of the lords
spiritaal and temporal, and commons, in this present Parliament assembled, and by the
authority of the same, that the said Acts of the thirty-fifth and thirty-sixth years of
his present Majesty's reign, and every matter and thing therein contained, and also so
much of the said Acts of the thirty-ninth and fortieth years of his present Majesty's
reign as relates to the watch establishment, shall be, and the same are hereby repealed ;
(save and except so much of the said Acts or any of them respectively as repeeds any
former Act or Acts, or any clausci power, or authority, or provision given or enacted
by any former Act or Acts, and save and except so much of the said Acts or any of
them as provide for the payment of any salary or salaries to any person or persons
in respect of having held any office or offices whatsoever abolished by the said Acts or
either of them, and also save as herein-after mentioned.) {Rep., Stat. Law Rev. Act,
1872 (No. 2).l
II. And be it ftirther enacted, that his Majesty's castle of Dublin, and all places
within eight miles thereof in every direction, as to all matters and things not within
the jurisdiction of the court of Admiralty of Ireland, shall be united in one district,
and be called '' The Police District of Dublin Metropolis." {Rep., Stat. Law Rev. Act,
1872 (No. 2).l
m. And be it ftirther enacted, that the said police district shall be divided into six
divisions ; and that it shall and may be lawful to and for the lord lieutenant or other
chief governor or governors of Ireland for the time being, by warrant under hand and
seal, from time to time to direct, declare, and point out the limits of the said divisions
lespectively, and to change the same from time to time at his or their will and pleasure,
and to cause six several public offices to be established, one thereof in each of the said
divisions, and to cause the same to be changed from time to time as he or they shall
thmk proper. {Rep., Stat. Law Rev. Act, 1872 (No. 2).]
lY. And be it enacted, that there shaU be appointed in manner herein-after
mentioned eighteen fit and proper persons to be divisional justices within the said
district, six whereof to be barristers of not less than six years standing each ; and that
twelve of the said divisional justices shall be appointed by the lord lieutenant or other
chief governor or governors of Ireland for the time being ; to wit, six barristers of
such standing as aforesaid, and three aldermen of the city of Dublin, and three persons
heing sheriffs peers or members of the common council of the said city, whom he or
they shall think proper ; and it shall be lawful for the lord lieutenant or other chief
Recital of
Irish Acts,
35 Geo. 3. c. 36.
36 Qeo. 3. c. 30.
39 Geo. 3. c. 56.
40 Geo. 3. c. 62.
Recited Acts
of 35 and 86
(3eo. 8. and
80 much of
39 and 40
Geo. 3. as
relates to the
watch estahlisb-
ment, repealed.
Formation and
limits of Doblin
police district
Police district
to be divided
into six divi-
sions with
public offices.
Appomtment
of divisional
justices ;
and receiver.
480
48 George III. c. 140.
A,D. 1808.
*
Election of six
of the divisional
justices.
Lord lieutenant
to appoint one
of the justices
chief magis-
trate of the
police.
p- - ■
1:
Office of the
castle division
to be the head
• office.
Divisional
justices, &c.
incapable of
sitting in the
House of Com-
mons, and such
of them as may
be barristers
incapable of
practising.
No barrister or
other officer
acting under
this Act (with
certain excep-
tions) to vote
or interfere in
the election of
members of
Parliament for
the county or
city of Dublin.
governor or governors of Ireland for the time being, to appoint a receiver, not being
an alderman of the city of Dublin, who shall be called " the receiver of the public
" offices in the police district of Dublin metropolis,'* which receiver shall be incapable
of being appointed or elected a divisional justice under this Act, and shall be removable
from time to time by the lord lieutenant or other chief governor or governors of Ire-
land for the time being at his and their good will and pleasure. |Rep., Stat. Law
Rev. Act, 1872 (No. 2). J
V. And be it further enacted, that the other six divisional justices shall be elected
to the said offices, subject to the approbation of the said lord lieutenant or other chief
governor or governors of Ireland for the time being, and the privy council, in manner
herein-after mentioned ; and that the persons < so to be elected shall be three aldermen
of the city of Dublin and throe sheriffs peers. TRep., Stat. Law Rev. Act, 1872
(No. 2).J
XI. And be it enacted, that it shall and may be lawful to and for the lord lieutenant
or other chief governor or governors of Ireland for the time being, by warrant under
hand and seal, to nominate any one of the said divisional justices, being an alderman,
whom he shall think proper, to be the chief magistrate of the police of Dublin, and in
like manner to change the same at his and their good will and pleasure, and such chief
magistrate shall for the time being be one of the divisional justices of the division in
which his Majesty's castle of Dublin shall be situate ; and that the office of the said
division shall be called *< The Head Office of the Police." TRep., Stat. Law Rev. Act,
1872 (No. 2). J
• • • «•* « * • •
XIY. And be it enacted, that the said divisional justices and receiver and
all other persons holding any office in or under the said police establishment
shall be incapable of being chosen members of or sitting in the House of Com-
mons in ^ny Parliament during such time as they shall hold the said offices
respectively ; and that no barrister who shall be appointed or elected a divisional
justice under this Act shall, while he shall hold the said office, practise as a
barrister in any court whatever, or do any business as a barrister out of court,
in drawing deeds or pleadings in law or equity or any draft or drafts thereof
respectively, or in giving any opinion or opinions, or otherwise ; and if any
such barrister shall offend herein, he shall for every such offence forfeit the
sum of five hundred pounds sterling.
XV. And be it further enacted, that no barrister or other officer or person
nominated or appointed by or under this Act (except the said divisional
justices who shall be aldermen, sheriffs peers, or common councilmen), shall,
during the time he shall continue in his office or within six months after he
shall -have quitted the same, be capable of giving his vote for the election of a
member to serve in Parliament for the county of Dublin or the city of Dublin
respectively, nor shall by word, message, writing, or in any other m^jmer
endeavour to persuade any elector to give or dissuade any elector from giving
his vote for his choice of any person to be a member to serve in Parliament
for the said county and city of Dublin respectively ; and every such officer or
person as aforesaid offending therein shall forfeit the sum of one hujidred
pounds, one moiety thereof to the informer, and the other moiety to be paid to
the said receiver of the said public offices to be applied to the uses of the
said establishment, to be recovered by any person that shall sue for the same
by action of debt, bill, plaint, or information in any of his Majesty's courts of
record at Dublin, in which no essoign, protection, privilege, wager of law, nor
more than one imparlance shall be allowed ; such action to be brought within
the space of one year after such offence so committed : Provided always, that
ID. 1808.
48 George III. c. 140.
481
soiluDg in this Act shall extend or be construed to extend to subject such
officer or person as aforesaid to any penalty or penalties for any act or acts
done by him at or concerning any of the said elections in discharge of his duty
or duties in his respective capacity.
• •••*•••*
XIX. Asj> be it further enacted by the authority aforesaid, that the divisional pivisional
justices under this Act shall in their i-espective offices retain and employ a sufficient 3**?**^^^ ^ "^
Domber of clerks, and also a efficient number of fit and able men, whom they or any coxwtables.
of them are hereby respectively authorized and empowered to swear in to act as
eoQBtables for preserving the peace and preventing robberies and other felonies and
apprehending offenders against the peace within the said police district of Dublin
metropolis, as well by night as by day ; which said constables so appointed and sworn '
u aforesdid shall have all such powers, authorities, privileges, and advantages as any
constable duly appointed now has or hereafter may have by virtue of any law or
statute in force in Ireland, and shall obey all such lawful commands as they shall from
time to time receive from the said divisional justices under this Act respectively, for the
apprehending offenders or otherwise conducting themselves in the execution of their
and office or employment by day or night ; and such divisional justices or any two of
them shall and may at any time dismiss from his said employment every such constable
belonging to their respective offices, whom they shall think remiss or negligent in the .
exeoDtion of his duty, or otherwise unfit for the same, and appoint such others in their
stead as to tliem shall seem meet : Provided always, that no greater number than two
elerks and three office constables and four^peace officers shall at any one and the same
time be so retained as aforesaid at any one of the said publick offices, except at the office
of the division in which his Majesty's castle of Dublin shall be situate, and in which the
said chief magistrate of police shall bo one of the divisional justices as aforesaid ; and
in the office of the said division no greater number than two clerks and three office
constables and twenty-eight peace officers shall at any one time and the same time be
» retained : Provided also, that if any person so appointed a constable as aforesaid
shall be dismissed from the said employment, aU powers and authorities vested in him
» a constable under and by virtue of this Act shall immediately cease and determine
to all intents and purposes whatsoever. {Rep., Stat. Law Rev. Act, 1872 (No. 2).]
XXVII. And be it further enacted, that no justice of the peace for the
county of Dublin or for the county of the city of Dublin, or his or their clerk
or clerks, or any person for them, other than at the said public offices, shall
directly or indirectly, upon any pretence or under any colour whatever, take
or receive any fee, gratuity, reward, or recorapence for any act by him or
them done or to be done in the execution of his or their office or employ as
justice or justices of the peace, clerk or clerks as aforesaid within the limits of
the said police district of Dublin metropolis, upon pain of forfeiting the sum
of one hundred pounds for every such offijnce : Provided always, that nothing
herein contained shall extend or be construed to extend to prevent the lord
mayor of the city of Dublin, or the president of the court of conscience or of
Uie crown office, or the magistrate attending in the rotation office for the time
being from receiving such fees as they are by law entitled to.
XXYIII. And be it further enacted, that the divisional justices aforesaid
and their clerks respectively shall, in books to be provided for that purpose,
keep a fuU, true, and particular account of all the fees taken and received at
each of the said public offices, together with all fines, penalties, and forfeitures which
shall have been recovered, levied, or received in pursuance of any adjudication, con-
yiction or order had or made at any of the said public offices, or any process or warrant
isroing from the same JRep., Stat. Law Rev. Act, 1872 (No. 2).l ; and the said justices
shall once in every month deliver unto such receiver such account, veiified upon
oath by such justice or justices, tb**'* «i-»^V or clerks, and such other person or
VOL. IV. H H
No jastioe or
bis clvrk, &c.
to take any fee
within the
police district,
except at the
offices.
Divisional
justices and
their clerks to
keep account
of fees, &c. ;
L^
482
48 George in. c. 140.
A.D. 1808.
and pay the
amount to the
receiver of tho
public offices.
persons as shall be employed in keeping such accounts respectively, or any part
thereof, before the lord mayor of the city of Dublin, which oath ^e said lord
mayor is hereby authorized and required to administer, and shall pay or cause
to be paid the amount of all such fees to such receiver.
Persons
charged with
offences in the
police district
may be taken
in any part
of Ireland
imder warrant
of divisional
justices.
Penalty on jus-
tices how to be
recovered.
No person
charged with
high treason
shall be ad-
mitted an ap-
prover without
consent of at-
torney general
or solicitor
general.
Constables may
break open
houses to
search for
traitors, felons,
&c.
Justices, con-
stables, &c.
indemnified
though the
goods shall
appear not to
be stolen, or
no felons, &c.
be found in the
houses.
XXXI. And be it further enacted, that in case any person or persons
charged on oath of one or more credible witnesses with any treason or felony
committed within the said police district of Dublin metropolis shall fly for
the same, or remove to or be found or be in any other part of Ireland, then
and in every such case the warrant or warrants of the said divisional justices
or any of them shall have full force and effect in any part of Ireland to which
such person or persons may have fled or removed, or where such person or
persons shaU be found or be ; and all gaolers and keepers of prisons are hereby
authorized and directed to receive into their custody such person or persons
when apprehended or in custody under or by virtue of such warrant, and eadi
and every of thcQi in safe custody to keep until transmitted to the said district
of Dublin metropolis, any law or usage to the contrary notwithstanding.
XXXIV. Akd be it enacted, that « • « every justice offending
in any particulars aforesaid shall forfeit the sum of twenty pounds, to be recovered by
civil bill in the court of proper jurisdiction. {Bep., Stat. Law Rev. Act, 1872 (No, 2).J
XXXV. And be it enacted, that no person charged with or accused of having
committed any high treason within the said poUce district shall be admitted
to give evidence for the crown against his or her accomplice or accomplices
without the previous consent in writing of his Majesty's attorney general, or,
in his absence or in the vacancy of the said office, of his Majesty's solicitor
general ; and any justice offending herein shall forfeit the sum of one hundred
pounds, to be recovered in like manner.
XLVT. And be it further enacted, that it shall and may be lawful for the said con-
stables or any of them, being duly authorized thereto by the warrant of any two of
the said divisional justices, one of whom to be an alderman, which warrant any such
divisional justice on information on oath to him given is hereby authorized to grant,
to break open any dwelling-house, out-house, shop, warehouse, cellar, or other place
named in such warrant, as shall not be opened on demand, after due notice of such
warrant, in order to search for traitors or felons, or accessories to any traitors or felons,
or receivers of stolen goods, or to search for any goods, chattels, or other things stolen
or feloniously taken or carried away. {Rep., Stat. Law Rev. Act, 1872 (No. 2). J
XLVIL And be it further enacted, that in case the goods, chattels, or other
things so carried and conveyed as aforesaid, shall not have been stolen, or in case
JRep., Stat. Law Rev. Act, 1872 (No. 2). J no felon or accessary to felony, or
receiver of stolen goods, nor any goods or chattels stolen or feloniously taken
or carried away shall be found in such dwelling-house, out-house, shop, ware-
house, cellar, yard, or other place, and that any action, suit, plaint, or infor-
mation against any person or persons for such apprehending, entering, or
breaking shall be commenced within six months after the offence committed;
and any such person so sued or prosecuted may plead the general issue of not goiltj,
and upon issue joined may give this Act and the special matter in evidence {Bep.»
Stat. Law Rev. Act, 1872 (No. 2).J ; and if the plaintiff or prosecutor shaU become
nonsuit or forbear prosecution, or suffer a discontinuance, or if a verdict or judgment
on demurrer shall pass against him^ the defendant shall recover {treble costs. {Bep.,
5 & 6 Vict. c. 97. s. 2.1
AJ). 1808.
48 George III. a 140.
48»
XLVnL . Provided always, and be it further enacted, that when a verdict
shall be given for the plaintiff in any such action or suit, and it shall appear
to the judge or judges before whom the same shall be tried that there was
probable cause for doing the act complained of in such action or suit, and
that the judge or court shall certify the same on the record, then and in such
case the plaintiff shall not be entitled to more than sixpence damages, nor to
any costs of suit : Provided also, that where a verdict shall be given for the plaintiff
in anj sach action as aforesaid, and the jndge or court before the same shaU be tried
shall certifj on the record that the injury for which action is brought was wilfully
and maliciously committed, the plaintiff shall be entitled to treble costs of suit. {Rep.,
5 & 6 Yict. c. 97. s. 2.J
XLIX. And be it further enacted, that any person in w^hose dwelling-house,
out-house, shop, warehouse, cellar, yard, or other place within the said police
district any such stolen goods or chattels or any receiver of stolen goods shall
be knowingly and wilfully harboured or concealed shall, upon being convicted
by due course of law of so knowingly and wilfully harbouring or concealing
mch. goods and chattels or any such receiver of stolen goods, for the first
offeDce forfeit the sum of one hundred pounds, and for every subsequent
(Senod the sum of two hundred pounds, or, if he or she shall be unable to
pay the same, shall be committed to prison, without bail or mainprize, for any
time not less than three or more than six calendar months for the first offence,
nor less than six nor more than twelve calendar months for every subsequent
offence; such forfeiture to be recovered by civil bill in the court of the recorder
of the city of Dublin.
L And be it further enacted, that every person selling or being licensed to
sell beer, ale, or spirituous liquors, or exercising or in any way carrying on the
trade and occupation of a pawnbroker, watchmaker, buyer of old iron, lead,
copper, tin, pewter, or other metal, gold and silver only excepted, or old build-
iog materials, and all and every dealer or dealers in old furniture or old
doaths, all and every broker or brokers dealing in any second-hand goods or
commodities whatsoever, or stablekeepers, or other persons letting any horse,
mare, or gelding for hire within the said police district shall in every year
before the twenty-fifth day of March give notice of his or her name, place of
abode, and occupation to the divisional justices of the division in which he
or she shaU reside by a note in writing, stating the said matters, and directed
to the said divisional justices, and left for them at the police office of such
division, or with some of their clerks or constables belonging to such office,
and as often as he or she shall change his or her place of abode shall imme-
diately give a like notice according to such new place of abode ; and as often
88 such notice shall be given such divisional justices or any of them shall
grant a certificate to such person or persons of his, her, or their having given
sach notice, for which certificate such person or persons shall not. be. liable to
pay any fee or reward ; and every such person who shall fail in giving such
notioe shall upon conviction thereof forfeit the sum of five pounda
LI. And be it ftirther enacted, that as often as any of the said persons so
Quired to give such notice shall have in his, her, or their possession any
goods or chattels, and after receiving a printed or written notice of such goods
or chattels being stolen, with a description thereof, shaU wilfully omit or
HH 2
Plamtiffii,
where there
appears pro-
hable cause for
doing the act
comi^amed of,
to have only
Sd, damages,
&c.
Penalty on any
person conceal-
ing stolen
goods, &c.
FnblicanB, .
pawnbroker^,
&c. to giye
notice of their
names, abode,
&c.
Sach persona
baring stolen
goods to pro-
dace them on
notice, and
state from
•484
48 George III. c. 140.
A.D. 1808.
"wliom they
were received,
&c.
v\
Constables to
search for con-
cealed arms, &c.
Nightwalkers,
&c. to be
Apprehended,
and, in default
of giving se-
curity for good
, behaviour, to be
deemed rogues
and vagabonds.
refuae to make discovery to the divisional justices of the division in "which he
or she shall reside, or to some of them, of so having the same in his or her
possession, and of the person or persons from whom he, she, or they received
them, or shall, on being duly required by notice in writing signed by any of
the said divisional justices, neglect or omit to attend at the office of his or her
proper division at such time as shall be mentioned in such notice or order, or
refuse to be examined concerning the same, every such person shall upon
being convicted thereof forfeit the sum of fifty pounds, and the value of such
goods and chattels ; and if he, she, or they upon requisition made by any of
the constables to produce the same shall omit or refuse so to do, eveiy
person so offending shall, upon being convicted thereof, forfeit the like sum
of fifty pounds, and the value of such goods.itnd chattels ; and if such person
shall be unable to pay such fine or penalty, he or she shall be committed to
the hoyse] of conrection for any time not exceeding six months, at the dis-
cretion of the divisional justices before whom such person shall have been
convicted.
LIT. And be it further enacted, that it shall and may be lawful for the said
constables or any of them, being thereto duly authorized by the warrant of
any of the divisional justices appointed under this Act, to search all suspected
places in such warrant mentioned for concealed arms ; and if such constables
shall thereupon find any gun, pistol, sword, blunderbuss, pike, dagger, or
hanger, or other arms in the possession of any person not qualified by law to
bear or carry arms, he is hereby required and authorized to seize and carry
the same to the publick office of such division, and the justices of such divi-
sion are required to send such arms so seiased to his Majesty's arsenal, to be
applied to the use of his Majesty, his heirs and successors ; and the person in
whose possession the said arms shall be so found shall find sureties for his or
her good behaviour for three years, or shall be committed to prison by the
said divisional justices or any one of them until he shall give such security :
Provided always, that no such warrant shall be granted except on the infor-
mation given to the said parties or any of them upon the oath of one or more
credible witnesses that to the best of his, her, or their knowledge and belief
such unqualified person is in possession of arms as aforesaid.
LIU. And be it further enacted, that all nightwalkers, all persons noto-
riously suspected of being thieves, and all persons gaming or tippling in the
publick streets, bye places, or fields within the police district of Dublin
metropolis shall or may be apprehended by any of the said constables, or by
any patrole or watchman^ and carried to the publick office of the division ;
and if any such person shall not give security for his or her good behaviour,
he or she shall be adjudged, deemed, and taken to be a rogue and a vagabond
within the meaning of the statutes in that behalf in force in Ireland ; . • •
All crimes
committed on
or within the
circular road to
be tried, &c. as
if committed
in the county
of the city of
Dublin.
LVII. And for carrying into execution the good purposes of this Act, he it
enacted, that all treasons, felonies, misdemeanors, crimes, and offences what-
soever which shall hereafter be done or committed in any place situate in or
upon any part of the circular road surrounding the city of Dublin, or in any
place situate within the limits circumsciibed by the said circular road, shall be
\
JLD, 1808. 48 George III. c. 140. 485
prosecuted, proceeded on, and tned in the same court and courts, and in the
same manner in all respects, as if the same had been committed within the
oounty of the city of Dublin, and shall be laid in any indictment to have been
committed within the said county of the city of Dublin ; and that as to the
prosecution, apprehension, and trial of all persons charged with any of the said
crimes or offences hereafter to be committed, the said circular road and every
place lying within the same shall be a|id be deemed and taken to be part and
parcel of the county of the city of Dublin ; and that the sessions of the peace Sessions for the
for the county of the city of Dublin shall not be adjourned for any greater ^^^^f^^S^
length of time than from six weeks to six weeks, and that it shall and may
be lawful to hold the said sessions during the law terms ; provided, however,
that nothing herein contained shall prevent the holding of the sessions of the
peace for the county of Dublin in the usual place for holding the same, or
shall in anywise affect the prosecution or trial of any person accused of
haying committed perjury on any trial held before a jury of the county of
Dublin, but that all and every the said matters shall proceed as if this Act
had not passed.
LVIIL And whereas the continuation of the said circular road is inter-
rupted by his Majesty's park called The Phoenix on the west side of the said
city, by reason whereof doubts may arise as to divers parts and places adja-
cent thereto whether the same- ought to be deemed and taken to be within
the limits surrounded by the said circular road or not : For obviating of which
doubts, be it enacted, that where the said circular road is so interrupted on Definition of
the west side of the said city, the wall bounding his Majesty's said park The road on the
Phoenix on the east side of the said parkland extending from the said circular ▼est side of the
road where the same meets the said wall on the south side of the said park to parpose afore-
the said circidar road where the same meets the said wall on the north side of *"^ .
the said park, shall as to the said purpose be taken and considered as and in
the place and stead of the said circular road ) and that all places which would
be within the limits surrounded by the said circidar road if the same were
continued in the line in which the said piece of wall now runs, shall for the
purpose aforesaid be deemed, taken, and considered to be within the limits Th" Act not to
surrounded by the said circular road ; provided, however, that nothing in this otherwise tria-
Act contained shall in anywise be construed so as to prevent any offence from ^*« "* ^^ ^^
being prosecuted or tried in the county of the city of Dublin which wotfld by
law have been so prosecuted or tried if this Act had not passed.
LIX. And whereas by the provisions of this Act the duties of the recorder
of the city of Dublin will be considerably increased : And whereas his present
salary is inadequate to the trouble and importance of his office : Be it there-
fore further en^lcted, that it shall and may be lawful for the lord lieutenant or ^^ Uemenant
other chief governor or governors of Ireland for the time being to direct the of police funds
yearly sum of one thousand pounds, clear of all taxes and deductions, to be ^^JJJflT^uJ^
paid out of the funds applicable to the exponces of the said police establish-
ment to the said recorder of the city of Dublin, clear of all taxes and deductions
whatsoever, in augmentation of his salary.
LXY. And be it enacted, that no person shall No person to
carry on the business of a pawnbroker within the said circular road or within ^"^ ^^ ^
»•€-.■
486
48 Geobqg III a 140.
A.D. 1808.
, *
j»
pawnbroter eight nules thereof, . unless he shall have a licence
licence. P^ ^^^^^ ^^^ ^^* purpose under the provisions of this Act.
Person re- LXVL And be it further enacted, that every such person or persons as afore*
quirinj^ licence, ssdd, before he or she shaU hawk, sell, or expose to sale anj of the several goods, yvvm,
to deliver at and merchandizes herein-before mentioned respectively within the said limits respec-
fnote^f li^^^ tivdy, shfOl deKver or cause to be delivered to the said divisional justices of the said
place of abode ^^*^® division, or to some one of them in the said head office, a note in writing under
&c. ; ' his or her hand, or under the hand of some person by him or her authorized in thsk
behalf, of what goods, wares, or merchandizes he or she intends to hawk, sell, or expose
to sale ; and JRep,, Stat. Law Rev, Act, 1872 (No. 2).J before any person shall
carry on or exercise the business of a f pawnbroker within the said limits in
that respect above mentioned, he or she shall deliver to the said divisional jus-
tices of the said division, or some one of them in the said general office, a note
in writing under his or her hand, of his or her place of abode, and of the place
where he or she intends to carry on the business of a pawnbroker ; • . . •
whereapon a and thereupon a licence or licences shall be granted by the
gnmtedT^ ^ ^^^ divisional justices of the said Castle division, or any of them, unto him or
her for exercising the business of a pawnbroker,
for which he or she shall, previous to the issuing
thei-eof, pay or cause to be paid to the said receiver of the said public offices
the respective duties made payable in and by an Act made in the forty-
44 Geo. 3. fourth year of his present Majesty's reign, intituled "An Act for the better
" defraying the charges of preserving the peace within the city of Dublin
" and the district thereof, and establishing a parochial watch therein,** or
which shall hereafter be payable for the same, or any of them, and which
shall be applicable to the purposes of this Act; which licences shall be in
force until the twenty-fifth day of March next after the same shall be
granted.
licences to LXVIL And be it further enacted, that the said divisional justices shall
scription of iusert in such licences as they shall so issue or grant the age, place of abode,
the person aud particular description of every person to whom such licence or licences
* ' shall be granted pursuant to this Act, and shall number each licence, and keep
or cause to be kept particular entries of such descriptions and licences ; and
that the receiver shall keep separate and distinct accounts of the duties payable
thereon and applicable to the purposes of this Act.
• *•***••#
Penalty for LXIX. And be it further enacted, that if any person shall exercise or carry
pawnbrokers on the trade or business of a pawnbroker within the said limits] respectively
without a without such licence as aforesaid, every such person* upon being convicted
thereof shall forfeit the sum of fifty pounds.
Power of 'us- LXX. And be it enacted, that all powers and authorities now in force and
tices as to vested in the divisional justices under the said Acts of the thirty-fifth and
undertishActs thirty-sixth year of his Majesty's reign, shall from and after the passing of
8.5 Geo. 3. c. 86. this Act, in every case relating to the business of a pawnbroker, be vested
c°3o! to vest tn ^ ^® ^^ divisional justices to be appointed by virtue of this Act, in their
justices under respective divisions from time to time.
this Act. *
PenjQty on • LXXV. And be it ftirther enacted, that if any person shall forge or connter-
iS^cS. f^it or cause or procure to be forged or counterfeited any licence of the said
iD. 1808. 48 George III c. 140. 487
ft •
divisioiial justices or superintendant magistrate or of any of them, or shaJl
hawk about, sell or expose to sale auy goods^ wares, or merchandizes before
mentioned, with any such forged or counterfeited licence^ knowing the same to
be forged or counterfeited, every such person on being convicted thereof shall
forfeit the sum of fifty poimds ; and for want of sufficient goods to satisfy the
said penalty, such offender shall be committed to the common gaol or house of
eorrection foir any time not exceeding twelve or less than six months, at the
discretion of the justice or justices before wh(»n such ofiSander shall be so
convicted*
ICXVIII.*3 And be it enacted, that in all cases not herein otherwise par- Trials, &c. for
ticularly directed, all trials and convictions for any offences or offence against ^^^^\1^^^
this Act which shall be committed within the police district of Dublin metro-
polis shall be had and made respectively in the offices of the divisions in which
they shall respectively be committed, before not less than two of the said
divisional justices in said divisions respectively ; and where any such offence
shall be committed without the said district the trial and contdction for such
offence shall be had and made before any justice of the peace ; and in every of Becovery and
the said cases, whether the offence shall be committed within or without the *PPl*f?^<>" ®^
said police district, the fines, penalties, and forfeitures thereon respectively
payable shall, if not forthwith paid, be levied by distress and sale of the
offender's goods, by warrant under the hands and seals of the said justices or
justice before whom such conviction shall be made respectively ; and all fines,
penalties, and forfeitures payable under this Act shall in all cases not other-
wise particularly directed, where the same shall be at the prosecution of an
informer, be paid,- after deducting the necessary costs of recovering the same,
in whatever mode the same shall be, one moiety to the receiver of the said
publick offices, and the other moiety to the informer or person who shall sue
for the same ; and that all fees, and also all fines, penalties, and forfeitures
payable under this Act, other than such as last before mentioned, shall be paid
to the said receiver ; and all sums so paid to the said receiver shall go to and
constitute part of the fund applicable to the support and establishment of the
police of the said police district of Dublin metropolis.
CXIX. And be it enacted, that in all cases of complaints or informations informer to b©
nnder this Act for any offence for which any fine or pecuniary penalty is to be competent wit-
imposed, the informer or prosecutor shall be admitted a competent witness to
prove the offence ; and his testimony, if believed, shall be sufficient for that
purpose without any other evidence.
CXX, And be it fiirther enacted, that no conviction to be had before any No conviction,
divisional justice or justices to be appointed under this Act, or any affirmation *^ *^^ ^^
or reversal thereof upon appeal, shall be removed by certiorari or otherwise into certioniri, &c.
any of his Majesty's superior courts.
CXXIL And be it further enacted, that where any distress shall be made, Persong dis-
or any person or persons apprehended by virtue of this Act, the taking' of training, &c.
such person or persons or of such distress shall not be deemed unlawful, nor SeL^d tres-
I' So much as directs or requires that in the eases mentioned in this section there
*»11 be two divisional justices, rep., 5 Geo. 4. c. 102. s. 6. J
L )^^_^^^^^
474
48 George III c. 127.
A.D. 1808.
44 Geo. 3. c 77.
Marriages
solemnized
before Aujb^.
23, 1808, in
any church or
chapel duly
consecrated,
ghall be as valid
as if solemnized
in parish
churches.
Ministers who
shall have
solemnized
such marriages
indemnified.
Registers of
such marriages
to be received
in evidence.
Hegisters of
marriages
solemnized in
publick chapels
shall be re-
moved to
the pariish
churches, &c.
his present Majesty, intituled ''An Act to render valid certain marriages
'' solemnized in certain churches and publick chapels in which banns had not
" usually been published before or at the time of passing an Act made in the
" twenty-sixth year of the reign of his late Majesty King George the Second,
" intituled * An Act for the better preventing of clandestine marriages ' " : And
whereas divers marriages have been solenmized since the passing of the said
last-mentioned A^t within that part of Great Britain called England, Wales,
and town of Berwick-upon-Tweed, in divers churches and chapek duly con-
secrated, but by reason that in such churches and chapels banns of matrimony
had not usually been published before or at the time of passing the said fiist-
mentioned Act, such marriages have been or may be deemed to be void : May
it therefore please your Majesty that it may be enacted, and be it enacted by
the King's most excellent Majesty, by and with the advice and consent of the
lords spiritual and temporal, and commons, in this present Parliament assem-
bled, and by the authority of the same, that aU marriages already solenmized
or to be solenmized before the twenty-third day of August one thousand eight
hundred and eight in any church or publick chapel in that part of Great
Britain called England, Wales, and the town of Berwick-upon-Tweed, duly
consecrated, shall be as good and valid in law as if such marriages had been
solemnized in parish churches or publick chapels having chapelries annexed,
and wherein banns had usually been published before or at the time of passing
the said last-mentioned Act.
IL And be it fui*ther enacted by the authority aforesaid, that all parsons,
vicars, ministers, and curates, who before the said twenty-third day of August
one thousand eight hundred and eight shall have solenmized any of the mar-
riages which are hereby enacted to be valid in law, shall be and they are
hereby indemnified against the penalties inflicted by the said recited Act made
in the twenty-sixth year of the reign of his said late Majesty King George
the Second upon persons who shall solemnize marriages in any other place
than a church or publick chapel in which banns had been usually publi^ed
before or at the time of passing the said last-mentioned Act
III. And be it further enacted by the authority aforesaid, that the rasters
of marriages solemnized or to be solemnized in the said churches or chapels,
which are hereby enacted to be valid in law, or copies thereof shall be received
in all courts of law and equity in evidence in the same manner as the registers
of such marriages solemnized in parish churches or publick chapels, in which
baims were usually published before or at the time of passing the said recited
Act of the twenty-sixth year of the reign of his said late Majesty King
George the Second, or copies thereof are received in evidence: Provided
nevertheless, that in all such courts the same objections shall be available to
the receiving such registers or copies in evidence as would have been availahle
to the receiving the same in evidence if such registers or copies had related to
marriages mentioned in such last-mentioned parish churches or publick chapels
as aforesaid.
IV. And be it further enacted by the authority aforesaid, that the registers
of all marriages solenmized in any publick chapels which are hereby enacted
to be valid in law shall, within thirty days next after the said twenty-third
day of August one thousand eight hundred and eight, be removed to the parish
church of the parish in which such chapel shall be situated ; and in case such
A.D. 180a 48 Gbobge III. c 127, 128. 475
ehapel shall be situated in an extra-parochial place, then to the parish church
next adjoining to such extra-parochial place ; to be kept with the marriage
roisters of such parish, and in like manner as parish registers are directed to
be kept by the said recited Act made in the twenty-sixth year of the reign
of his said late Majesty King George the Second; and within twelve months
after the removal of such registers to such parish churches respectively two
eopies thereof respectively shall be transmitted by the respective church-
wudens of such parishes to the bishop of the diocese or his chancellor,
gubficribed by the hands of the minister and churchwardens of such parishes
respectively, to the end that the, same may be faithfully preserved in the
registry of the said bishop.
CHAPTER CXXVIIL
Ah Act to repeal so much of an Act passed in the Forty-fifth Year of his
present Majesty for regulating the Office of Paymaster General as requires
certain Acqounts to be examined and settled within certain Periods by
the Secretary at War, and enabling his Majesty to make Orders for
examining and settling such Accounts. [30th June 1808.]
TTTHEBEAS an Act passed in the forty-fifth year of the reign of his present
f V Majesty, intituled " An Act to repeal an Act made in the twenty-third year of I^ecital of
** his present Majesty for the hetter regulation of the office of paymaster general of *^ ^^' ^' ^' ^^'
" his Majesty's forces, and the more regular payment of the army, and for the more
^ effectually regulating the said office "; and certain provisions are contained in the said
Act as to periods within which certain accounts of agents of regiments in his Majesty^s
&roes transmitted to the secretary at war are to be examined and settled : And whereas
it has been found that the said provisions cannot be strictly complied with: And
whereas the commissioners appointed to enquire and examine into the public expendi-
ture and the conduct of public business in certain military departments are proceeding
in an inquiry in relation to the War Office and the accounts thereof, and as to regi-
mental accounts and expenditures ; and it is therefore expedient that the said provisions
of the said recited Act should be repealed, and that his Majesty should be empowered
to order and direct all such accounts to be kept and made up and transmitted and
examined and settled by such person or persons in such manner, at such times, and at So much of
such periods as shall be deemed expedient, so that any of the regulations which may i*^!^*! Act as
be suggested by such commissioners, or which it may be otherwise thought proper to "^^^"^ the wi-
adopt, may be carried into execution with the least possible delay for the public ser- ^f gveiy reri-
vice : Be it therefore enacted, by the King's most excellent Majesty, by and with the ment to be
advice and consent of the lords spiritual and temporal, and conunons, in this present settled by the
Parliament assembled, and by the authority of the same, that so much of the said recited ^^creta^ at
Act as requires the annual accounts of every regiment, troop, and company to be ^'^^i^ Ir^
examined and settled by the secretary at war, or by such other person or persons as eates of the '
shall be duly authorized by his Majesty for that purpose, within three months after the chains al-
receipt thereof, and further requires certificates of the several charges allowed in the lowed to be
said accounts to be transmitted to the office of the paymaster general of his Majest3r's transmitted to
forces, with warrants signed by the King, shall be and the same is hereby repealed. !5tif*?"^f?'
IRep., Stat. Law Rev. Act, 1872 (No. 2).l J^ed.
II. And be it further enacted, that it shall be lawful for his Majesty by His Majesty
any warrant or warrants under his royal sign manual to make and issue such ™^J"**^f '®'
orders and declare and establish such rules and regulations for the more speedy the speedy
and eflEectual examination and settlement of the accounts of regimentfj ex- ^^^^^^^^
penditures, or of such other expenditures for army services as usually have regimental ex-
been or shall be hereafter examined in the office of the secretary at war, as P®^^**"^' *^*
shall appear to be most expedient, and to facilitate the final examination and
settlement of such accounts.
476
48 George III. c. 128, 138.
A.D. 1808.
Balanoes due
from agentSi
&c. not paid
withia a month
after demand,
to be deemed
a debt to his
Miqesty upon
reooid.
Scotch Act,
1707.
Stipends aug-
mented or mo-
dified before
the passing of
this Act, not
to be again
modified for 15
years.
Stipends aug-
mented, &c.
after the pasE-
ing of this Act,
not to be again
modified for 20
years.
III. Provided always, and be it f luiher enacted, that nothing herein eon-
tained shall extend or be construed to extend to exonerate any agent or other
public accountant from the payment of any balance that may be declared io
be due from him, upon the examination and settlement of his accounts under
any orders or rules and regulations which may be made, issued, declared, and
established by his Majesty as aforesaid ; but that the balance so declared and
not paid within one month after the same shall have been demanded shall be
deemed and considered to be a debt to his Majesty upon record, and be re-
coyemble as such by bis Majesty, his heirs and successors, with fuU costs of
suit and other charges attending the same, by the like process as by the laws
of that part of the United Kingdom wherein such agent or accountant shall
reside any debt to his Majesty arising within the same may be recovered
CHAPTER CXXXVIII.
An Act for defining and regulating the Powers of the Commission of Teinds,
in augmenting and modifying the Stipends of the Clergy of Scotland.
[30th June 1808.]
\\T HEREAS by an Act of the Parliament of Scotland in the year one
^ ^ thousand seven hundred and seven, intituled " Act anent plantation of
" kirks and valuation of teinds," her Majesty Queen Anne and the estates of
Parliament empowered, authorized, and appointed the lords of council and
session to judge, cognosce, and determine in all affairs and causes which by
the laws and Acts of the Parliament of Scotland had been referred and did
pertain and belong to the jurisdiction and cognizance of commissioners formerly
appointed for that effect, as fully and freely in all respects as the said lords
did or might do in other civil causes ; and certain powers therein mentioned
were particularly granted by the said Act ;j and it was thereby declared that
the said Act and commissioi^ should be subject nevertheless to such regulations
and alterations as should be made by the Parliament of Great Britain : And
whereas it is expedient that the powers of the said lords of council and session
as commissioners aforesaid should in some respects be defined and regulated :
May it therefore please your Majesty that it may be enacted, and be it enacted
by the King'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 from and after the passing
of this Act it shall not be competent to the said lords of council and session as
commissioners aforesaid, except as after specified, to augment or modify any
stipend which shall have been augmented or modified prior to the passing of
this Act, until the expiration of fifteen years from and after the date of the
last final decreet of modification of such stipend.
II. And be it enacted, that no stipend which shall be augmented or modified
by a decree after the passing of this Act shall be again augmented or modified
until the expiration of twenty years from and after the date of such decree or
modification thereof; nor shall any such stipend be augmented or modified at
any future period untU the expiration of twenty years from and after the date
of the last decree of modification thereof respectively.
A.D. 180& , 48 George III. c. 138. 477
VU. Provided further, and be it enacted, that in all cases whatsoever Commimionen
where an aagmentation or modification of stipend shall have been or shall be ^f^ to a^
applied for, and which shall be judged of, or a decision pronounced therein, ment or modify
after the passing of this Act, by the said lords of council and session as com- ^ ^^° '
miaaionerB aforesaid, it shall and may be competent to them to refuse to
augment or modify any stipend in any such case, either on account of there
being no legal fund of augmentation or on account of the circumstances of the
ease; and it shall and may be competent for any party or parties to propone
all relevant objections in every case whatsoever where an augmentation or
modification shall be applied for, and which objections shall be determined by
the said lords of council and session as commissionerB aforesaid as heretofore.
VIU. And be it further enacted, that every stipend which shall be augmented Stipends which
after the passing of this Act shall be whoUy modified in grain or victual, even rented shaS^be
although part of the whole thereof shall have been previously modified in wholly modified
money, or although part of the whole of the teinds shall be money teind, imless TirtnSSTunieM
where it shall appear necessary, on account of the state of the teinds, or on ^^^^ »* »*»*u
account of the interest of the benefice, or on account of the nature of the gao^
articles other than grain or victual which have been in use to be delivered in
kind as stipend, that a part of the said stipend should be modified not in grain
or victual but in money, or should be modified in such other articles as have
been in use to be delivered in kind as stipend.
IX. And be it further enacted, that in the case of every decree of modifica- Monejrtipend*
tion which shall be pronounced after the passing of this Act as aforesaid, it l^tog^^or
shall and may be competent to the said lords of council and session as com- ▼ictnai, esLcept
missioners aforesaid, and they are hereby authorized and required, tc convert HLoi^ngto
the said money stipend or money teind into grain or victual, save and except Jj« ^^ ?"<*•
as aforesaid ; and to make such conversion into grain or victual according to on aYengeot
the fiar prices of the kind or description of grain or victual into which tho ■^*" y*""*
same shall be converted, as appearing &om the fiars of the county or steyartry
stimck' for each year in virtue of authority from the sheriff or stewart in whidi
the parish shall be situated, upon an average of such fiar prices for seven
years preceding the date of the decreet of modification, and exclusive of that
year in which such decreet of modification shall bear date.
X. Provided always, and be it enacted, that where such parish shall not Where the
^ altogether situated in the same county or stewartry, or where no fiais J^^ Jj^
applicable to the kind or description of grain modified shall be struck in the f^^ ntuaud
county or stewartry wherein such parish is situated, it shall be competent for &c!'tbe^w^^'
^e said lords of council and session as commissioners aforesaid, to convert P"cc«™*y ^
Ae said money into grain or victual according to the average of the aforesaid or moreMyda-
seven years of the fiar prices of two or more of the adjoining counties, or of "W oountie*.
such stewartry, county or counties as they shall deem most suitable in the
^^ii^ctUDstances of the case.
XI. And be it further enacted, that it shall not be competent for the lords MiswieniDocto
of council and session as commissioners aforesaid, where a stipend shall after in kind, b^Tto
the passing of this Act be modified in grain or victual, in whole or in part, to ^^^^^ ^ ^
authorize the minister to receive the same or any part thereof in kind, but ing to the fiar'
ftat it shall only be competent for them to decree the value thereof to be paid P™» J^th*
or for him to receive the same in money, according to the fiar prices of the which the same
*^d or description of grain or victual into which the same shidl have been ^^^^^ ****"
mi'
478
48 George III. c. 138.
A.D. 1808.
Where the
parish'Bhall not
be altogether
situated in one
county, &c.
two. or more
commissioners
may fix upon
ac^oining
counties for
taking the fiar
prices.
Conversion to
be made ac-
cording to the
highest fiar
prices.
Bight of surren-
dering teinds
not to be taken
away.
modified, as appearing from the annual flare of the county or stewartiy in,
which the parisJii, the stipend of which shall have been so modified, shall be
situated, struck in virtue of authority from the sheriff or stewart, for that crop
or year for which such stipend modified in grain or victual shall be payabla
XII. Provided always, and be it enacted, that where any such parish si
not be altogether situated in one and the same county or stewartry,
no annual fiare applicable to the kind or description of grain or victual modi-
fied, shall be struck in the county or stewartry wherein such parish is situated,
it shall be competent for the said lords of council and session as commissioneTB
aforesaid to fix upon and specify two or more of the adjoining counties, or
such stewartry, county, or counties as they shall deem most suitable in the
circumstances of the case, according to the annual fiar prices of which
stewartry, county, or counties they shall decree the value thereof to be paid in
money.
XIII. Provided always, and be it enacted, that where there shall have beeu
or shall be different rates of annual fiar prices for any county or stewartry,
district or place struck in virtue of authority from the sheriff or stewart, the
said conveiBion from money into grain or victual, and from grain or victual
into money, in all of the cases aforesaid, shall be made according to the highest
annual fiar prices struck in virtue of authority from the sheriff or stewart for
the said county, stewartry, district or place.
XIV. Provided always, and be it enacted, that the right of any heritor to
surrender his valued teind in place of subjecting his lands to the amount of
the stipend localled upon them sUall not be taken away by what is herein
enacted.
Begnlationfi
may be made
for abridging
the forms and
ezpence of
citation, and
for expediting
the business,
In cases of
augmentation
moderator and
derk of the
presbyteiy
to be cited,
and furnished
with statement
of present sti-
pend, and the
addition in-
tended to be
craved, &c
Presbytery
may appear
as parties to
the process.
XYI. And be it enacted, that it shall be lawful for the said lords of council
and session as commissioners aforesaid, and they are hereby empowered and
required, to establish rules and regulations for abridging the forms and expence
of citation of heritors and others, and for ascertaining the facts and circam-
, stances of the case, and to establish regulations for executing the business
committed to them by the said in part recited Act of the Parliament of
Scotland, and by the present Act, with as much expedition and as Uttle
expence as possible.
Xyn. And in order to guard against collusion, and also in order that no
processes of augmentation or for modification of stipends shall be raised on
the ground of aUedged collusion, be it fiirther enacted, that every minister
insisting in the process of augmentation shall after the passing of this Act^
besides citing the heritors, also cite the moderator and .clerk of the presbyteiy
of the bounds, and famish them with a statement of the amount of hi*
present stipend, and the addition to the stipend which he means to crave^ in
order that the presbytery, if they shall judge it proper, may appear as parties
to the process ; and in the event of the presbytery entering no appearance,
the minister shall forthwith transmit to the moderator or derk of the pres-
bytery a certified copy of the interlocutory pronounced by the court ; and it
shall be competent to the presbytery, within five months after such inter-
locutor is pronounced, to enter an appearance, and to shew, if they shall see
cause, that the decree of modification pronounced is collusive and prejudicial
to the benefice : Provided, that if the presbytery shall enter an appearance
A.D. 180a
48 GEORGffi III. a 138, 140.
479
in sQch process, it shall be competent to the court to subject the minister
insisting in such process in the whole or any part of the expences of process
incurred by the presbytery.
CHAPTER CXL.
An Act for the more effectual Administration of the Office of a Justice of the
Peace, and for tiie more effectual Prevention of Felonies within the
District of Dublin Metropolis. [30th June 1808.]
"rtTBEREAS an Act was made in the Parliament of Ireland in the thirty-fifth year
T ? of his prosent Majesty's reign, intituled ** An Act for more effectually preserving
^ the peace within the city of Dublin and the district of the metropolis, and esta-
^ blishiiig a parochial watch in the said city ": And whereas another Act was made
in the Parliament of Ireland in the thirty-sixth year of his present Majesty's reign,
'^ for explaining and amending the said recited Act of the thirty-fifth year, and for
'^ remedying the abuses committed by pawnbrokers within the district of the said
^ metropolis or three miles thereof": And whereas another Act was made in the
Earliament of Ireland in the thirty-ninth year of his present Majesty's reign to amend
the said recited Acts of the thirty-fifth and thirty-sixth years of his present Majesty's
rragn : And whereas another Act of Parliament was made in Ireland in the fortieth
year of his present Majesty's reign, intituled ^^An Act for amending and making
^ perpetual the several laws for regulating the watch in the district of the metropolis,
*^ and for granting a further duty upon pawnbrokers ": And the said Acts have been
ibond insufificient for effectuating the said purposes : Be it therefore enacted by the
King'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
anthority of the same, that the said Acts of the thirty-fifth and thirty-sixth years of
his present Majesty's reign, and every matter and thing therein contained, and also so
mnch of the said Acts of the thirty-ninth and fortieth years of his present Majesty's
reign as relates to the watch establishment, shall be, and the same are hereby repiealed ;
(save and except so much of the said Acts or any of them respectively as repeals any
former Act or Acts, or any clause, power, or authority, or provision given or enacted
by any former Act or Acts, and save and except so much of the said Acts or any of
them as provide for the payment of any salary or salaries to any person or persons
in respect of having held any office or offices whatsoever abolished by the said Acts or
either of them, and also save as herein-after mentioned.) {Rep., Stat. Law Rev. Act,
1872 (No. 2).l
II. And be it ftirther enacted, that his Majesty's castle of Dublin, and all places
within eight miles thereof in every direction, as to all matters and things not within
the jurisdiction of the court of Admiralty of Ireland, shall be united in one district^
and be called '' The Police District of Dublin Metropolis." {Rep., Stat. Law Rev. Act,
1872(No.2).l
ni. And be it ftuther enacted, that the said police district shall be divided into six
divisions ; and that it shall and may be lawful to and for the lord lieutenant or other
chief governor or governors of Ireland for the time being, by warrant under hand and
seal, from time to time to direct, declare, and point out the limits of the said divisions
respectively, and to change the same firom time to time at his or their will and pleasure,
and to cause six several public offices to be established, one thereof in each of the said
divisions, and to cause the same to be changed ft'om time to time as he or they shall
thmk proper. {Rep., Stat. Law Rev. Act, 1872 (No. 2).]
rV. Am be it enacted, that there shall be appointed in manner herein-after
mentioned eighteen fit and proper persons to be divisional justices within the said
district, six whereof to be barristers of not less than six years standing each ; and that
twelve of the said divisional justices shall be appointed by the lord lieutenant or other
chief governor or governors of Ireland for the time being ; to wit, six barristers of
such standing as aforesaid, and three aldermen of the city of Dublin, and three persons
being sheriffs peers or members of the common council of the said city, whom he or
they shall think proper ; and it shall be lawful for the lord lieutenant or other chief
Recital of
Irish Acts,
35 Geo. 3. c. 36.
36 Qeo. 3. c. 30.
39Qeo.3.c.56.
400eo.3.c.62.
Recited Acts
of 35 and 86
Qeo. 8. and
so much of
39 and 40
Geo. 3. as
rehites to the
watch estaUish-
ment, repealed.
Formation and
limits of Dablin
police district.
Police district
to be divided
into six divi-
sions with
public offices.
Appomtment
of divisional
J^ostices ;
and receiver.
1^"
£■•• •
480
48 George III. c. 140.
A.D. 1808.
governor or governora of Ireland for the time being, to appoint a receiver, not being
an alderman of tbe city of Dublin, who shall be caUed " the receiver of the public
" offices in the police district of Dublin metropolis," which receiver shall be incapable
of being appointed or elected a divisional justice under this Act, and shall be removable
from time to time by the Tord lieutenant or other chief governor or governors of Ire-
land for the time being at his and their good will and pleasure. {Rep., Stat. Lbw
Rev. Act, 1872 (No. 2).I
Election of six V. And be it further enacted, that the other six divisional justices shall be elected
of thediviBional to the said offices, subject to the approbation of the said lord lieutenant or other chief
JUS ices. governor or governors of Ireland for the time being, and the privy council, in manner
herein-after mentioned ; and that the persons . so to be elected shtdl be three aldermen
of the city of Dublin and throe sheriffs peers. TRep., Stat. Law Rev. Act, 1872
(No. 2).I
Ft
Lord lieutenant
to appoint one
of the justices
chief magis-
trate of the
police.
Office of the
castle division
to be the head
office.
XI. And be it enacted, that it shall and may be lawful to and for the lord lieutenant
or other chief governor or governors of Ireland for the time being, by warrant under
hand and seal, to nominate any one of the said divisional justices, being an alderman,
whom he shall think proper, to be the chief magistrate of the police of Dublin, and in
like manner to change the same at his and their good will and pleasure, and such chief
magistrate shall for the time being be one of the divisional justices of the division in
which his Majesty's castle of Dublin shall be situato ; and that the office of the said
division shall be called *• The Head Office of the Police." TRep., Stat. Law Rev. Act,
1872(No. 2).I
Divisional
justices, &c.
incapable of
sitting in the
House of Com-
mons, and such
of them as may
be barristers
incapable of
practising.
No barrister or
other officer
acting under
this Act (with
certain excep-
tions) to rote
or interfere in
the election of
'members of
Parliament for
the county or
city of Dublin.
XrV. And be it enacted, that the said divisional justices and receiver and
all other persons holding any office in or under the said police establishment
shall be incapable of being chosen members of or sitting in the House of Com-
mons in fuiy Parliament during such time as they shall hold the said offices
respectively ; and that no barrister who shall be appointed or elected a divisional
justice under this Act shall, while he shaU hold the said office, practise as a
barrister in any court whatever, or do any business as a barrister out of court,
in drawing deeds or pleadings in law or equity or any draft or diufts thereof
respectively, or in giving any opinion or opinions, or otherwise ; and if any
such barrister shall offend herein, he shall for every such offence forfeit the
sum of five hundred pounds sterling.
XV. And be it further enacted, that no barrister or other officer or person
nominated or appointed by or under this Act (except the said divisional
justices who shall be aldermen, sheriffs peers, or common councilmen), shall,
during the time he shall continue in his office or within six months after he
shall -have quitted the same, be capable of giving his vote for the election of a
member to serve in Parliament for the county of Dublin or the city of Dublin
respectively, nor shall by word, message, writing, or in any other manner
endeavour to persuade any elector to give or dissuade any elector from giving
his vote for his choice of any person to be a member to serve in Parliament
for the said county and city of Dublin respectively ; and every such officer or
person as aforesaid offending therein shall forfeit the sum of one himdred
pounds, one moiety thereof to the informer, and the other moiety to be paid to
the said receiver of the said public offices to be applied to the uses of the
said establishment, to be recovered by any person that shall sue for the same
by action of debt, bill, plaint, or information in any of his Majesty's courts of
record at Dublin, in which no essoign, protection, privilege, wager of law, nor
more than one imparlance shall be allowed ; such action to be brought within
the space of one year after such offence so committed : Provided always, that
ID. 1808.
48 George III c. 140.
481
nothing in this Act shall extend or be construed to extend to subject such
officer or person as aforesaid to any penalty or penalties for any act or acts
done by him at or concerning any of the said elections in discharge of his duty
or duties in his respective capacity.
XIX. And be it farther enacted by the authority aforesaid, that the divisional
justices under this Act shall in their i-espective offices retain and employ a sufficient
Donber of clerks, and also a sufficient number of fit and able men, whom they or any
of them are hereby respectively authorized and empowered to swear in to act as
ooDstables for preserving the peace and preventing robberies and other felonies and
apprehending offenders against the peace within the said police district of Dublin
metropolifs as weU by night as by day ; which said constables so appointed and sworn
IS tforesnid shall have all such powers, authorities, privileges, and advantages as any
constable duly appointed now has or hereafter may have by virtue of any law or
statute in force in Ireland, and shall obey all such lawful commands as they shall from
tiffle to time receive from the said divisional justices under this Act respectively, for the
apprehending offenders or otherwise conducting themselves in the execution of their
Slid office or employment by day or night ; and such divisional justices or any two of
than shall and may at any time dismiss from his said employment every such coustable
belonging to their respective offices, whom they shall think remiss or negligent in the
execotion of his duty, or otherwise unfit for the same, and appoint such others in their
stftd as U) tliem shall seem meet : Provided always, that no greater number than two
derks and three office constables and four ^peacc officers shall at any one and the same
time be so retained as aforesaid at any one of the said publick offices, except at the office
of the division in which his Majesty's castle of Dublin shall be situate, and in which the
said chief magistrate of potice shall bo one of the divisional justices as aforesaid ; and
in the office of the said division no greater number than two clerks and three office
constables and twenty-eight peace officers shall at any one time and the same time be
$0 retained : Provided also, that if any person so appointed a constable as aforesaid
dull be dismissed from the said employment, all powers and authorities vested in him
as a constable under and by virtue of this Act shall inunediately cease and determine
to all intents and purposes whatsoever. {Rep., Stat. Law Kev. Act, 1872 (No. 2).}
Divisional
justices to re-
tain clerks and
constables.
XXVII. And be it further enacted, that no justice of the peace for the
county of Dublin or for the county of the city of Dublin, or his or their clerk
or derks, or any person for them, other than at the said public offices, shall
directly or indirectly, upon any pretence or under any colour whatever, take
or receive any fee, gratuity, reward, or recompence for any act by him or
them done or to be done in the execution of his or their office or employ as
justice or justices of the peace, clerk or clerks as aforesaid within the limits of
the said police district of Dublin metropolis, upon pain of forfeiting the sum
of one hundred pounds for every such offence : Provided always, that nothing
herein contain^ shall extend or be construed to extend to prevent the lord
mayor of the city of Dublin, or the president of the court of conscience or of
the crown office, or the magistrate attending in the rotation office for the time
being from receiving such fees as they are by law entitled to.
XXYIII. And be it further enacted, that the divisional justices aforesaid
and their d^ks respectively shall, in books to be provided for that purpose,
keep a full, true, and particular account of all the fees taken and received at
each of the said public offices, together with all fines, penalties, and forfeitures which
shall have been recovered, levied, or received in pursuance of any adjudication, con-
viction or order had or made at any of the said public offices, or any process or warrant
iaBQing from the same (Bep., Stat. Law Bev. Act, 1872 (No. 2).] -, and the said justices
shall once in every month deliver unto such receiver such account, verified upon
oath by such justice or justices, their derk or clerks, and such other person or
VOL. IV. H H
No jastioe or
his clerk, &c.
to take any fee
within the
police district,
except at the
offices.
Divisional
justices and
their clerks to
keep account
of fees, &c. ;
I
48S
48 Geobge IIL c 140.
A.D. 1808.
persons as shall be employed in keeping such accounts respectively, or any part
and pay the thereof, before the lord mayor of tiie city of Dublin, which oatii the siud lord
""°°"' '"{'^ mayor is hereby authorized and required to administer, and shall pay or cause
public offlcos. to be paid the amount of all such fees to such receiver.
PCTSODB
cbai^i^ with
off'rtiues ill ih
police di.strioi
niny be takiu
in niiy pun
of Ireland
ofdivisioual
jiutiues.
XXXI. AlTD be it further enacted, that in case any person or penom
charged on oatii of one or more credible witnesses with any treason or felony
committed within the sEud police district of Dublin metropolis shall fly for
the same, or remove to or be found or be in any other part of Ireland, then
and in every such case the warrant or warrants of the said divisional justices
or any of them shall have full force and effect in any part of Ireland to whidi
such person or persons may have fled or removed, or where such person or
persons shall be foimd or be ; and all gaolers and keepers of prisons are hereby
authorized and directed to receive into their custody such person or persons
when apprehended or in custody under or by virtue of such warrant, and ead
and every of them in safe custody to keep until transmitted to tiie said distiid
of Dublin metropolis, any law or usage to the contrary notwithstuiding.
Ko perBoii
cliurgcd witti
high trcuHnii
shall he ai-
niittad nil np-
or solicitor
XXXIV. And be it enacted!, that every justice ofTending
in any particulars aforesMd shall forfeit the sum of twenty poands, to be recovered by
civil bill in the court of proper jiuiadiction. IBep^ Stat. Law Rev. Act, 1872(No. 2).J
XXXV, And be it enacted, that no person charged with or accused of having
committed any high treason within the said police district shall be admitted
to ^ve evidence for the crown against his or her accomplice or accomphces
without ih.e previous consent in writing of his Majesty's attorney general, or,
in bis absence or in the vacancy of the said office, of his Majesty's solicitor
general ; and any justice offending herein shall forfeit the sum of one hundred
pounds, to be recovered in like manner.
Justices, con
Btnblus, &c.
iuilemnififi!
though the
gondH Hhall
appcai: Ool tr
be etoli'D, or
no Eolons, &c
bu famiil m t
houses.
\
' SLVI. And be it further enacted, that it shall and may be lawful few the said con-
stables or any of them, being duly authorized thereto by the warrant of any two of
the said divisional justices, one of whom to be an alderman, which warrant any sach
divisional justice on iafarmation on oath to him given is hereby authorized to grant,
to break open any dwelling-house, out'house, shop, warehouse, cellar, or other place
named in such warrant, as shall not be opened on demand, after due notice of such
warrant, in order to search for traitors or felons, or accessories to any tr^tors or felons,
or receivers of stolen goods, or to search for anj goods, chatteb, or other things stden
or feloniously taken or carried away. JRep., Stat. Low Hcv, Act, 1872 (No. 2).]
XLVIL And be it further enacted, that in case the goods, chattels, or other
things so carried and conveyed as aforesaid, shall not have been stolen, or in case
JEep., Stat. Law Rev. Act, 1872 (No. 2).J no felon or accessary to felony, ot
receiver of stolen goods, nor any goods or chattels stolen or feloniously taken
or carried away shall be found in auch dwelling-house, out-house, shop, ware-
house, cellar, yard, or other place, and that any action, suit, plaint, or inf<ff-
mation against any person or persons for such apprehending, entering, «
breaking shall be commenced within sis months after the offence committed;
and any such person so sued or prosecuted may plead the general issue of not gail^i
and upon issue joined may give this Act and the special matter in evidence JRep.,
Stat. Law Kev. Act, 1872 (No. 2).] ; «id if the plaintiff or prosecator shall become
nonsuit or forbear prosecution, or suffer a djsconldnuance, or if a verdict or jm^menl
on demurrer shall pass against him, the defendant shall recover |treble costs. {Bcp.,
6 & 6 Vict. c. 97. 8. 2.1
ID. 1808.
48 George IIL. c 140.
483
XLVLLL.Fbovided always, and be it fmiher enacted, that when a verdict
sittll be giTOi for the phuntiff in any such action or suit, and it shall appear
to Use judge or judges before whom the same shall be tried that there was
probabte cause for doing the act complained of in such action or soit^ and
that the judge or court shall certify the same on the record, then and in sudi
cue the plaintiff shall not be entitled to more than sixpence damages, nor to
any costs of suit : Provided also, that where a rerdict shall be given for the plaintiff
in an J each action as aforesaid, and the jodge or court before the same shaH be tried
shall certify cm the record that the injury for which action is brought was wilfully
tad maliciously committed, the plaintiff shall be entitled to treble costs of suit. {Rep^
5 a 6 Vict c 97. 8. 2.}
XLIX. Ain> be it further enacted, that any person in whose dwelling-house,
oui-bonse, shop, warehouse, cellar, yard, or other place within the said police
district any sudi stolen goods or chattels or any receiver of stolen goods shall
be knowingly and wilfully harboured or concealed shall, upon being convicted
hy due course of law of so knowingly and wilfully harbouring or concealing
such goods and chattels or any such receiver of stolen goods, for the first
offence forfeit the sum oi one hundred pounds, and for every subsequent
offence the sum of two hundred pounds, or, if he or she shall be unable to
pay the same, shall be committed to prison, without bail or mainprize, for any
time not less than three or more than six calendar months for the first offence,
nor less than ^ nor more than twelve calendar months for eveiy subsequent
offence ; such forfeiture to be recovered by civil bill in the court of the recorder
of the city of Dublin.
L. And be it further enacted, that every person selling or being licensed to
sell beer, ale, or spirituous liquors, or exercising or in any way carrying on the
trade and occupation of a pawnbroker, watchmaker, buyer of old iron, lead,
copper, tin, pewter, or other metal, gold and silver only excepted, or old build-
ing materials, and all and every dealer or dealers in old furniture or old
doaths, all and every broker or brokers dealing in any second-hand goods or
commodities whatsoever, or stablekeepers, or other persons letting any horse,
mare, or gelding for hire within the said police district shall in every year
before the twenty-fifth day of March give notice of his or her name, place of
abode, and occupation to the divisional justices of the division in which he
or she shall reside by a note in writing, stating the said matters, and directed
to the said divisional justices, and left for them at the police office of such
division, or with some of their clerks or constables belonging to such office,
and as often as he or she shall change his or her place of abode shall imme-
diately give a like notice according to such new place of abode ; and as often
as such notice shall be given such divisional justices or any of them shall
gnmt a certificate to such person or persons of his, her, or their having given
such notice, for which certificate such person or persons shall not be. liable to
pay any fee or reward ; and every such person who shall fail in giving such
notice shall upon conviction thereof forfeit the sum of five pounds.
LI. And be it further enacted, that as often as any of the said persons so
taquired to give such notice shall have in his, her, or their possession any
goods or chattels, and after receiving a printed or written notice of such goods
or chattels being stolen, with a description thereof, shall wilfully omit or
HH 2
BeDahyoiia^
pCTBOD CQI
PablicBiis,.
pawnbrokers,
&C. to giro
notice of iUbear
names, abode^
&c
Snch persons
baying stolen
goods to pro-
duce them on
notice, and
state from
*484
48 George III. c 140.
A-D. 1808.
irhom they
were received,
Constablee to
search for con-
cealed ann5,&c.
Nightwalkers,
&c. to be
apprehended,
and, in default
of giving se-
cority for good
behaviour, to be
deemed rogues
and vagabonds.
refuse to make discovery to the divisional justices of the division in ^hich he
or she shall reside, or to some of them, of so having the same in his or her
possession, and of the person or persons from whom he, she, or they received
them, or shall, on being duly required by notice in writing signed by any of
the said divisional justices, neglect or omit to attend at the office of his or her
proper division at such time as shall be mentioned in such notice or order, or
refuse to be examined concerning the same, every such person shall upon
being convicted thereof forfeit the sum of fifty pounds, and the value of such
goods and chattels ; and if he, she, or they upon requisition made by any of
the constables to produce the same shall omit or refuse so to do, every
person so offending shall, upon being convicted thereof, forfeit the like sum
of fifty pounds, and the value of such goods-and chattels ; and if such person
shall be unable to pay such fine or penalty, he or she shall be committed to
the hoyse] of correction for any time not exceeding six months, at the dis-
cretion of the divisional justices before whom such person shall have been
convicted.
LII. And be it further enacted, that it shall and may be lawful for the said
constables or any of them, being thereto duly authorized by the warrant of
any of the divisional justices appointed under this Act, to search all suspected
places in such warrant mentioned for concealed arms ; and if such constables
shall thereupon find any gun, pistol, sword, blunderbuss, pike, dagger, or
hanger, or other arms in the possession of any person not qualified by law to
bear or carry arms, he is hereby required and authorized to seize and carry
the same to the publick office of such division, and the justices of such divi-
sion are required to send such arms so seized to his Majesty's arsenal, to be .
applied to the use of his Majesty, his heirs and successors ; and the person in
whose possession the said arms shall be so found shall find sureties for his or
her good behaviour for three years, or shaU be committed to prison by the
said divisional justices or any one of them until he shall give such security :
Provided always, that no such warrant shall be granted except on the infor-
mation given to the said parties or any of them upon the oath of one or more
credible witnesses that to the best of his, her, or their knowledge and belief
such unqualified person is in possession of arms as aforesaid.
LIII. And be it further enacted, that all nightwalkers, all persons noto-
riously suspected of being thieves, and all persons gaming or tippling in the
publick streets, bye places, or fields within the police district of Dublin
metropolis shall or may be apprehended by any of the said constables, or by
any patrole or watchman, and carried to the pubHck office of the division ;
and if any such person shall not give security for his or her good behaviour,
he or she shall be adjudged, deemed, and taken to be a rogue and a vagabond
within the meaning of the statutes in that behalf in force in Ireland ; . • •
AU crimes
committed on
or within the
circular road to
be tried, &c. as
if committed
in the county
of the city of
Dublin.
LVII. And for canying into execution the good purposes of this Act, be it
enacted, that all treasons, felonies, misdemeanors, crimes, and offences what-
soever which shall hereafter be done or committed in any place situate in or
upon any part of the circular road surrounding the city of Dublin, or in any
jglacejituate^ within the limits circumscribed by the said circular road, shall be
jld. i8oa
48 George III. c. 140.
485
prosecuted, proceeded on, and tned in the same court and courts, and in the
same manner in all respects, as if the same had been committed within the
county of the city of Dublin, and shall be laid in any indictment to have been
committed within the said county of the city of Dublin ; and that as to the
prosecution, apprehension, and trial of all persons charged with any of the said
crimes or offences hereafter to be committed, the said circular road and every
place lying within the same shall be apd be deemed and taken to be part and
parcel of the county of the city of Dublin ; and that the sessions of the peace
for the county of the city of Dublin shall not be adjourned for any greater
length of time than from six weeks to six weeks, and that it shall and may
be lawful to hold the said sessions during the law terms ; provided, however,
that nothing herein contained shall prevent the holding of the sessions of the
peace for the county of Dublin in the usual place for holding the same, or
shall in anywise affect the prosecution or trial of any person accused of
having committed perjury on any trial held before a jury of the county of
Dublin, but that all and every the said matters shall proceed as if this Act
had not passed.
LVIIL And whereas the continuation of the said circular road is inter-
rupted by his Majesty's park called The Phoenix on the west side of the said
city, by reason whereof doubts may arise as to divers parts and places adja-
cent thereto whether the same- ought to be deemed and taken to be within
the limits surrounded by the said circular road or not : For obviating of which
doubts, be it enacted, that where the said circular road is so interrupted on
the west side of the said city, the wall bounding his Majesty's said park The
Phoenix on the east side of the said park, and extending from the said circular
road where the same meets the said wall on the south side of the said park to
the said circular road where the same meets the said wall on the north side of
the said park, shall as to the said purpose be taken and considered as and in
the place and stead of the said circular road ) and that all places which would
he within the limits surrotmded by the said ciixsular road if the same were
continued in the line in which the said piece of wall now runs, shall for the
purpose aforesaid be deemed, taken, and considered to be within the limits
surrounded by the said circular road ; provided, however, that nothing in this
Act contained shall in anywise be construed so as to prevent any offence from
being prosecuted or tried in the county of the city of Dublin which woifld by
law have been so prosecuted or tried if this Act had not passed.
LIX. And whereas by the provisions of this Act the duties of the recorder
of the city of Dublin will be considerably increased : And whereas his present
salary is inadequate to the trouble and importance of his office : Be it there-
fore fiirther en^lcted, that it shall and may be lawful for the lord lieutenant or
other chief governor or governors of Ireland for the time being to direct the
yearly sum of one thousand pounds, clear of all taxes and deductions, to be
paid out of the funds applicable to the expences of the said police establish-
Bient to the said recorder of the city of Dublin, clear of all taxes and deductions
whatsoever, in augmentation of his salary.
Sessionfl'for the
county of the
city of Dublin.
Definition of
the circular
road on the
If est side of the
city, for the
purpose afore-
said.
This Act not to
affect offences
otherwise tria-
ble in the said
county.
Lord lieutenant
empowered out
of police funds
to increase re-
corder's salary.
LXV. And be it enacted, that no person shall ..• •
cany on the business of a pawnbroker within the said circular road or within
No person to
carry on the
business of a
486 48 Qeorqe III c. 140. A.D. 1803.
pnwDbr.iiici eight miles thereof, unless he sh&ll have a licence
ike^'^.' " of f''"w for that purpose under the provisions of this Act
Person m- LXVL And be it further enacted, that every such person or peraons as afore-
i|iiiriug licotico, said, before he or she shall hawk, sell, or expose to sale any of the several goods, ynm,
lo deliver »t and merchandizes herein-before mentioned respectively within the said limits respe^
head offiif tively, shall deliver or caose to be delivered to tbe said divisional justices of the Biid
piQceVf aboilv Castle division, or to some one of them in the said head office, a note in writing wAa
Stc.. ' his or her hand, or under the band of some person by him or her authorized in Hut
behalf, of what goods, wares, or merchandizes he or she intends to hawk, sell, or eipOM
to sale ; and fRep., Stat. Law Ecv. Act, 1872 (No. 2).J before any person eball
cany on or exercise the business of ajpawnbroker within the said limits is
that respect above mentioned, he or she shall deliver to the said divisional jus-
tices of the said division, or some one of them in the said general office, a note
in writing under his or her hand, of his or her place of abode, and of the place
where he or she intends to carry on the business of a pawnbroker ; . , , ,
vlicreapnn a and thereupon a licence or licences shall be granted by tlie -
h^oj^sha:! be g^y divisional justices of the said Castle division, or any of them, unto him or
her for exercising the business of a pawnbroker,
for which he or she shall, previous to the issuing
thei-eof, pay or cause to be paid to the said receiver of the said public offices
the respective duties made payable in and by an Act made in the fortj-
44 Gki. 3. fourth year of his present Majesty's reign, intituled "An Act for the better
" de&aying the charges of preserving the peace within the city of Dublin
" and the district thereof, and establishing a parochial watch therein," or
which shall hereafter be payable for the same, or any of them, and which
shall be applicable to the purposes of this Act ; which licences shall be iu
force until the twenty-fifth day of March nest after the same shall be
granted.
Licence w LXVIL Ahd be it further enacted, that the said divisional justices shall
Jlcriwion ill insert in such licences as they shall so ianyie or grant the age, place of abode,
thii pi^rsoQ and particular description of every person to whom such licence or licences
' '*" shall bo granted pursuant to this Act, and shall number each licence, and keep
or cause to be kept particular entries of such descriptions and licences ; and
that the receiver shall keep separate and distinct accounts of the duties payable
thereon and applicable to the purposes of this Act.
LXIX. And be it further enacted, that if any person shall exercise or cany
on the trade or business of a pawnbroker within the said limits} respectively
without such licence as aforesaid, every such person- upon being convicted
thereof shall forfeit the sum of fifty poundSi
LXX. And be it enacted, that all powers and authorities now in force and
vested iu the divisional justices under the said Acts of the thirty-fifth and
uuderSi^^hAcfs thirty-sixth year of bis Majesty's reign, shall from and after the passing of
ssGeoS-c.^ti. this Act, in every case relating to the business of a pawnbroker, be vested
eil'sa lo Ti'^i til ™ ^® ^^ divisional justices to be appointed by virtue of this Act, in iJieir
respective divisions Ixom time to time.
Power ofjn'-
tllLB Atl.
U
• LXXV. AMD be it further enacted, that if any person shall foi^e or counter^
feit or cause or procure to be forged or counterfeited any licence of the said
iLD. 1808. ^ 48 George IIL a 140. 487
diyisioiLal justices or superintendant magistrate or of any of them, or shall
hawk about, sell or expose to sale asy goods^ wares, or merchandizes before
mentioned, with any such forged or counterfeited licence, knowing the same to
be foiged or counterfeited, every such person on being convicted thereof shall
forfeit the sum of fifty pounds ; and for want of sufficient goods to satisfy the
said penalty, such offender shall be committed to the common gaol or house of
eorr^on for any time not exceeding twelve or less than six months, at the
discretion of the justice or justices before whcon such offender shall be so
convicted
ICXVIII.*! And be it enacted, that in all cases not herein otherwise par- Trials, &c. for
ticalariy directed, all trials and convictions for any offences or offence against ^"bTMZ^^™
this Act which shall be committed within the police district of Dublin metro-
polis shall be had and made respectively in the offices of the divisions in which
they shall respectively be committed, before not less than two of the said
divisional justices in said divisions respectively ; and where any such offence
shall be committed without the said district the trial and contdction for such
offence shall be had and made before any justice of the peace ; and in every of Becovery and
the said cases, whether the offence shall be committed within or without the *PP^\^ation of
penalties.
said police district, the fines, penalties, and forfeitures thereon respectively
payable shall, if not forthwith paid, be levied by distress and sale of the
offender's goods, by warrant under the hands and seals of the said justices or
jnstice before whom such conviction shall be made respectively ; and all fines,
penalties, and forfeitures payable under this Act shall in all cases not other-
vise particularly directed, where the same shall be at the prosecution of an
informer, be paid,- after deducting the necessary costs of recovering the same,
in whatever mode the same shall be, one moiety to the receiver of the said
publick offices, and the other moiety to the informer or person who shall sue
for the same ; and that all fees, and also all fines, penalties, and forfeitures
payable under this Act, other than such as last before mentioned, shall be paid
to the said receiver ; and aU sums so paid to the said receiver shaU. go to and
constitute part of the fund applicable to the support and establishment of the
police of the said police district of Dublin metropolis.
CXIX. And be it enacted, that in aU cases of complaints or informations informer to be
under this Act for any offence for which any fine or pecuniary penalty is to be con^P«tent irit-
imposed, the informer or prosecutor shall be admitted a competent witness to
prove the offence ; and his testimony, if believed, shall be sufficient for that
purpose without any other evidence.
CXX, And be it fiirther enacted, that no conviction to be had before any No conviction,
divisional justice or justices to be appointed under this Act, or any affirmation ^' ^^® "^
or reversal thereof upon appeal, shaU be removed by certiorari or otherwise into certiorari, &c.
any of his Majesty's superior courts.
CXXIL And be it further enacted, that where any distress shall be made, persona dis-
or any person or persons apprehended by virtue of this Act, the taking' of training, &c.
such person or persons or of such distress shall not be deemed unlawful, nor deemed tres-
is So much as directs or requires that in the cases mentioned in this section there
AsSL be two divisional justicesi rep., 5 Geo* 4. c. 102. s. 6.}
488
48 Geobqe III. c 140, 141.
A.D. 1808.
J»'
lleputation to
be sufficient
evidence of
officers au- .
thority.
SStfoT *^ f *^^ P^-^y ^^ parties taking the same be deemed a trespasser or trespassers ab
irregularity. initio, on account of any irregularity which shall be afterwards committed by
the party taking such person or persons or distress ; but the person or persons
aggrieved by such irregularity may recover satisfaction for the special damage
only by action on the casa
CXXIII. And be it further enacted, that if it shall become necesauy to
prove the power, office, authority, or appointment of any of the divisional
justices or constables, or of the receiver, or of any other officer or person
appointed or acting under or by virtue of this Act as aforesaid, it shall in all
cases be sufficient, to all intents and purposes, to prove that such person or
persons at the time in question was or were commonly known or reputed to
hold such office or situation respectively ; and it sh Ju not in any such case be
necessary to produce or prove any appointment or qualification whatsoever
of such person or persons.
CXXIV. And be it enacted, that if any person or persons who shall take
any oath in pursuance of this Act shall wilfully swear falsely therein, and
shall be thereof lawfully convicted by verdict or confession, any such person
so offending shall for any such offence incur aoid suffer such penalties, pains,
and disabilities as persons convicted of wilful and corrupt perjury are or shall
be liable to by any law then in force in Ireland ; and if any person or persons
shall procure or suborn any other person to take such false oath, and shall be
thereof convicted by verdict or confession (whether the person having taken
such false oath shall be previously convicted or not), any such person so pro-
curing or subomiog shall for every ^uch offence incur and suffer such penalties,
forfeitures, pains, and disabilities as persons convicted of subornation of perjury
are or shall be liable to by any law then in force in Ireland^
CXXVII. And be it enacted, that this Act shall be deemed and taken to be
a public Act, and shall be judicially taken notice of as . such by all judges,
justices, and othera without being specially pleaded.
Penalty on
persons taking
or suborning
others to take
false oaths.
Public Act.
Assessors to
be appointed,
and duties to
be assessed, Sec.
according to
the following
rules.
CHAPTER CXLI.
An Act to amend the Acts relating to the Duties of Assessed Taxes, and of
the Tax upon the Profits of Property, Professions, Trades, and Offices,
and to regulate the Assessment and Collection of the same.
[2dJulyl80a]
'TIT' HEREAS it is expedient that certain of the powers and provisions for
' ^ assessing and collecting the duties under the management of the com-
missioners for the affairs of taxes in Great Britain should be varied and
amended in the particulai-s herein-after mentioned : May it therefore please
your Majesty that it may be enacted, and be it enacted by the King'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 from and after the period appointed for the com-
mencement of the rules contained in this clause all appointments of assessors
shall be made, and also all notices required to be affixed on any place, or to be
delivered to or served on any person or persons for the purpose of returning or
JLD. 1808.
48 Oeorge III. c. 141.
489
estimating the said duties respectively, shall be affixed, delivered, or served,
and all assessments of the said duties or any of them shall be returned,
estimated, ascertained, and made, and the said duties shall be collected, levied,
paid over, and accounted for, under and subject to the following rules and
directions, which shall be deemed a part of this Act, as if the said rules and
directions had severally and respectively been inserted herein under a special
enactment.
No. L
Rules and Directions for appointing Assessors of the Duties under the
Management of the Commissioners for the Affairs of Taxes after the
Expiration of the Year One thousand eight hundred and eight.
First — It shall be lawful for the respective commissioners acting in the
execation of the several Acts relating to the said duties respectively, and they
are hereby respectively required, to appoint assessors for each parish, ward,
and place within their respective divisions before the commencement of each
year for which such appointment shall be made, and to do and complete all
acts necessary to such appointment, so that the assessors to be appointed may
enter on their office on the sixth day of April in each year, pursuing in all
other respects the directions contained in the said Acts respectively in relation
tosnch appointments; which appointments shall be and continue for and
during the year to conmience on that day, and until other assessors shall be
appointed for the same parishes, wards, and places, and for the same duties
respectively.
Second. — In and for every parish, ward, or place wherein assessors shall not
be appointed before the sixth day of April in each year to serve for the year
ensuing as aforesaid, the last appointment of assessors for the same parish,
irard, or place (whether such appointment shall have been or shall be made
under any of the Acts in force at the time of passing this Act, or under this
Act,) shall continue in force until other assessors shall be appointed for the
same parish, ward, or place, and for the sfune duties respectively according to
the directions of the said Acts.
Third — In case the assessor or assessors appointed for any former year shall
be dead, or be removed from or be otherwise unfit or incapable to act for the
parish, ward, or place for which he or they shall have been appointed, and in
default of such appointment of assessors as aforesaid for the year ensuing for
the same parish, ward, or place, and for the same duties respectively, then and
in every such case the last appointment of a collector or collectors of the same
duties for such parish, ward, or place (whether such appointment shall have
been or shall be made under any of the Acts in force at the time of passing
this Act, or under this Act,) shall continue in force until assessors shall be
appointed for the same parish, ward, or place, and for the same duties respec-
tively, according to the directions of the said Acts ; and every such collector
shall in every such case during such continuance in his office of collector do,
perform, and execute all such matters and things as are directed by the said
Acts or this Act to be done, performed, or executed by assessors ; and all parts
of the said Acts or this Act relating to and applied to assessors shall in every
such case be construed as applicable to and be in like manner and to the like
intent applied to such collectors ; and the powers contained in the said Acts
or this Act shall be as fully and amply exercised and practised by such coUec-
Assessors to
be appointed
before the 6th
of April yearly.
In deftinlt of
sach appoint-
ment, the last
appointed
assessors sbaU
act;
andifthej
cannot, then the
hist appointed
eollec^rs.
490
48 QEORaE III. a 141.
A,D. 1808. .
ni
Such assessors
and collectors
liable to penal-
ties for refusing
to act.
In certain
cases surveyor
to act as
assessor.
Commissioners
to give notice
to fonner as-
sessors or col-
lectors of con-
tinuance in
office, &c.
tors as if the same powers had been expressly given to the said collectors by
the said Acts or this Act.
Fourth. — ^All penalties imposed by any of the Acts in force at the time of
passing this Act on assessors for refusing or neglecting to take upon themselves
the office of assessor, or to perform their duty therein as prescribed by the said
Acts respectively, shall be in the like cases imposed on assessors appoiQted
according to this Act for neglecting to take upon themselves the office of
assessor, or to perform their duty as prescribed by this Act ; and every such
collector as aforesaid on v«^hom the duty of assessor shall have devolved in
pursuance of this Act shall be subject and liable to the like penalties for the
like neglect of duty.
Fifth.— T-In every parish, ward, or place where assessors shall not be appointed
in pursuance of this Act, or being appointed shall not have taken upon them-
selves the office on or before the commencement of the ensuing year, or where
the assessors or collectors for any former year on whom the duty of asesssor
shaU have devolved shall not have taken upon themselves the office of assessor
on or before the commencement of such ensuing year, it shall be lawful for the
surveyor of the district and he is hereby required to execate the duty of
assessor for such parish, ward, or place until assessors shall be appointed who
shall duly take upon themselves the said office.
Sixth. — In every notice of continuance in office of any assessor or collector,
the respective commissioners who shall cause such notice to be given shall
require the attendance of such assessor or collector on a day and at a place
within the division to be named in such appointment or notice, then and
there to receive and take charge of all such notices and papers as shall he
delivered to them respectively for the due execution of the said Acts in
manner herein-after mentioned, which day shall not be later than seven days
after the fifth day of April in each year ; and in default of such notice being
given by such commissioners it shall be lawful for the inspector or surveyor
of the district to give such notice and to require the attendance of such
assessors or collectors on a day and at a place within the division to be named
by the said inspector or surveyor for that purpose.
No. II.
Rules and Directions for Service of Notices to Persons liable to be charged
to the said Duties or any of them.
Surveyors or First. — All noticei^ relating to the said duties or any of them requiring to
dei?v«:*aotf^*^^ ^ affixed on any place, or to be delivered to or otherwise served on any
person or persons for the purpose of returning or estimating the said duties
respectively, shall be delivered 'by the respective surveyors of the districts in
which such notices are required (or by the inspectors for the same districts, or
by any other inspectors or surveyors of the same duties, duly authorized to
take charge of such districts respectively, by or under the commissioners for
the affairs of taxes, or any three or more of them,) to the respective assessors
appointed or acting in pursuance of this Act, or to the respective collectors
on whom the duty of assessor shall have devolved as aforesaid, for the purpose
of serving the same on the respective persons liable to the said duties in the
manuer reqtdred by the said Acts.
papers to
assessors to be
served by them.
U). i8oa
48 Qeorge hi. c. 141.
491
Second. — All such notices shall be delivered to such assessors or collectors
as aforesaid on or as soon after the sixth day of April in each year as the same
can be done ; and the delivery of such notices by such inspectors or surveyors,
or any of them, shall be as effectual as if the same had been delivered by the
eonunissioners of the division according to the directions of the said Acts.
Third. — ^The said assessors and collectors respectively are hereby required
to observe such directions as may from time to time be given to them by the
said inspectors and surveyors in all matters touching the tim& and manner
of fixing or delivering or otherwise serving such notices and the persons on
T^faom the same are to be served, such directions having been previously seen
aad allowed by the commissioners acting for the division in which the said
inspector or surveyor shall act.
No, IIL
Rules and Dibections for making and returning the Certificates of Assess-
ment or Certificates of Estimates by Assessors acting under the said
Acts, and for making and collecting the First Assessments in each Year.
Krst — ^The assessors of the said respective duties shall deliver their certifi-
cates to the respective commissioners on or before the day which such com-
missioners shall appoint for that purpose yearly, which day so to be appointed
for the delivery of the certificates of assessment of the duties of assessed taxes
shall not be later than the twentieth day of June in each year of assessment;
and the day to be appointed for the delivery of the certificates of estimates
of property or profits of professions, trades, »nd offices shall not be later than
the twentieth day of July in the same year ; on which days respectively
ihe said assessor shall also deliver to the respective commissioners all the
returns or statements relative to the said respective duties made to the said
assessors ^before the respective days so appointed ; and all the returns and
statements made by the parties to be charged, which shall be delivered after
that day, shall be delivered to the respective commissionera
Second. — In all cases relating to the duties of assessed taxes where the
assessor or assessors shall not have received any return from any person or
persons liable to be charged to the said duties, it shall be lawful for such
assessor or assessors and he and they is and are hereby required to make a
tme assessment on such person or persons to the best of his or their informa-
tion and judgment of the real charge which ought to be imposed ; and in aU
cases relating to the duty on property, professions, trades, and offices, where
the respective assessors shall not have received any statement firom any party
or parties liable to be charged to the said duties, it shall be lawful for the said
assessor or assessors to estimate the property of such parties respectively, and
the profits arising from any professions or trades exercised or any offices held
by such parties respectively, according to the best of his or their information
And jud^ent ; and in case the said assessor or assessors shall not so estimate
the property or profits of any such party or parties who shall not have made
a return for that year, then such assessor or assessors shall return to the said
commissioners the jiame and place of residence of every such party; and
where the respective commissioners shall also not have received any statement
it shall be lawful for the said respective commissioners to make an assessment
on such party or pai'ties either in the same sums respectively and to the same
Time of-
delivery.
Assessors and
collectors to
• observe the
directions of
the inspectors
and surveyors
respecting
notices.
Time of de-
livering certifi<-
cates of assess-
ment.
Mode of
making assess-
ments in de-
fault of return,
&c.
490
48 QJEORGE IIL a 141.
A,D. 1808. .
a^
Such assessors
and collectors
liable to penal-
ties for refusing
to act
In certain
cases surreyor
to act as
assessor.
Commissioners
to give notice
to former as-
sessors or col-
lectors of con-
tinuance in
office, &c.
tors as if the same powers had been expressly given to the said collectors by
the said Acts or this Act.
Fourth. — ^All penalties imposed by any of the Acts in force at the time of
passing this Act on assessors for refusing or neglecting to take upon themselves
the office of assessor, or to perform their duty therein as prescribed by the said
Acts respectively, shaU be in the like cases imposed on assessors appointed
according to this Act for neglecting to take upon themselves the office of
assessor, or to perform their duty as prescribed by this Act ; and every such
collector as aforesaid on whom the duty of assessor shall have devolved in
pursuance of this Act shall be subject and liable to the like penalties for the
like neglect of duty.
Fiffch.-T-In every parish, ward, or place where assessors shall not be appointed
in pursuance of this Act, or being appointed shall not have taken upon them-
selves the office on or before the commencement of the ensuing year, or where
the assessors or collectors for any former year on whom the duty of asesssor
shall have devolved shall not have taken upon themselves the office of assessor
on or before the commencement of such ensuing year, it shall be lawful for the.
surveyor of the district and he is hereby required to execute the duty of
assessor for such parish, ward, or place until assessors shall be appointed who
shall duly take upon themselves the said office.
Sixth. — In every notice of continuance in office of any assessor or collector,
the respective commissioners who shall cause such notice to be given shall
require the attendance of such assessor or collector on a day and at a place
within the division to be named in such appointment or notice, then and
there to receive and take charge of all such notices and papers as shall be
delivered to them respectively for the due execution of the said Acts in
manner herein-after mentioned, which day shall not be later than seven days
after the fifth day of April in each year ; and in default of such notice being
given by such commissioners it shall be lawful for the inspector or surveyor
of the district to give such notice and to require the attendance of such
assessors or collectors on a day and at a place within the division to be named
by the said inspector or surveyor for that purpose.
No. II.
Rules and Directions for Service of Notices to Persons liablie to be charged
to the said Duties or any of them.
Surveyors or First. — All noticci^ relating to the said duties or any of them requiring to
Ssilvttn^tic^^ ^ affixed on any place, or to be delivered to or otherwise served on any
person or persons for the purpose of returning or estimating the said duties
respectively, shall be delivered 'by the respective surveyors of the districts in
which such notices are required (or by the inspectors for the same districts, or
by any other inspectors or surveyors of the same duties, duly authorized io
take charge of such districts respectively, by or under the commissioners for
the affairs of taxes, or any three or more of them,) to the respective assessors
appointed or acting in pursuance of this Act, or to the respective collectors
on whom the duty of assessor shall have devolved as aforesaid, for the purpose
of serving the same on the respective persons liable to the said duties in the
manner reqtured by the said Acts.
papers to
assessors to be
served by them.
LD. isoa
48 George IIL c. 141.
491
Second. — ^All such notices shall be delivered to such assessors or collectors
as aforesaid on or as soon after the sixth day of April in each year as the same
can be done ; and the delivery of such notices by such inspectors or surveyors,
or any of them, shall be as effectual as if the same had been delivered by the
oommissioners of the division according to the directions of the said Act&
Third. — ^The said assessors and collectors respectively are hereby required
to observe such directions as may from time to time be given to them by the
said inspectors and surveyors in all matters touching the time^ and manner
of fixing or delivering or otherwise serving such notices and the persons on
whom the sam6 are to be served, such directions having been previously seen
and allowed by the commissioners acting for the division in which the said
inspector or surveyor shall act.
No, IIL
Rules and Dibections for making and returning the Certificates of Assess-
ment or Certificates of Estimates by Assessors acting under the said
Acts, and for making and collecting the First Assessments in each Year.
First — The assessors of the said respective duties shall deliver their certifi-
cates to the respective commissioners on or before the day which such com-
missioners shall appoint for that purpose yearly, which day so to be appointed
for the delivery of the certificates of assessment of the duties of assessed taxes
shall not be later than the twentieth day of June in each year of assessment ;
and the day to be appointed for the delivery of the certificates of estimates
of property or profits of professions, trades, »nd offices shall not be later than
the twentieth day of July in the same year ; on which days respectively
the said assessor shall also deliver to the respective commissioners all the
returns or statements relative to the said respective duties made to the said
assessors ^before the respective days so appointed ; and all the returns and
statements made by the parties to be charged, which shall be delivered after
that day, shall be delivered to the respective commissioners.
Second. — In all cases relating to the duties of assessed taxes where the
assessor or assessors shall not have received any return from any person or
persons liable to be charged to the said duties, it shall be lawful for such
assessor or assessors and he and they is and are hereby required to make a
true assessment on such person or persons to the best of his or their informa-
tion and judgment of the real charge which ought to be imposed ; and in all
cases relating to the duty on property, professions, trades, and offices, where
the respective assessors shall not have received any statement from any party
or parties liable to be charged to the said duties, it shall be lawful for the said
assessor or assessors to estimate the property of such parties respectively, and
the profits arising from any professions or trades exercised or any offices held
by such parties respectively, according to the best of his or their information
and judgment ; and in case the said assessor or assessors shall not so estimate
the property or profits of any such party or parties who shall not have made
a return for that year, then such assessor or assessors shall return to the said
commissioners the name and place of residence of every such party; and
vhere the respective conmiissioners shall also not have received any statement
it shall be lawful for the said respective conmiissioners to make an assessment
ou such party or parties either in the same smns respectively and to the same
Time of
delivery.
Assessors and
collectors to
observe the
directions of
the inspectors
and surveyors
respecting
notices.
Time of de-
liverinfT certifi«-
cates of assess-
ment.
Mode of
making assess-
ments in de-
fault of return,
&c.
492
48 George IIL c. 141.
A,D. 1808.
First assess-
ments to be
made without
inclnding mat*
ters of sur-*
charge.
Times of col-
ledion.
Time of de-
livery of dapli-
cates of first
assessments.
Notice of
asEessments*
Entry and no-
tice of appeals.
amount as the said parties respectively were charged in the last assessment of
the said duties for the said division or according to the best of their judgment,
subject to alteration by appeal or surcharge in the manner directed by the
Acts relating to the said duties.
Third. — The first assessments to be made of the said duties or any of them
for any year shall be made according to the estimates or returns and assess-
ments mentioned in the preceding rule, without including therein any matters
of surcharge by the inspectors or surveyors ; which first assessments respec-
tively shall be separately and distinctly collected, and shall be contained in
the first duplicates to be delivered to the collectors and surveyors for that
year, and shall be collected and levied in moieties on the days herein-after
mentioned ; that is to say, one moiety of the duties of assessed taxes, if not
sooner paid or satisfied according to the directions of the said Acts respec-
tively, shall be collected or levied before the tenth day of October in each
year of assiessment, or within twenty-one days thereafter, and the other
moiety thereof before the fifth day of April following, or within twenty-one
days thereafter ; and one moiety of the duties on property, professions, trades,
and offices, if not sooner paid or satisfied as aforesaid, shall be collected, levied,
or paid before the fifth day of January in each year of asse^ment, or within
twenty-one days thereafter, and the other moiety thereof before the fifth day
of July following, or within twenty-one days thereafter : Provided always,
that nothing herein contained shall be construed to alter the times or propor-
tions at which the said duties aa*e payable according to the directions of the
said Acts respectively, or in any way to impeach or afiect the powers or
provisions of the said Acts for the recovery of the said duties at such times
and in such proportions as arel therein prescribed; and the said respective
duties shall be deemed payable quarterly at the times mentioned in the said
Acts, by four instalments, and it shall be lawful to demand, receive, or levy
the same according to the said Acts, anything herein contained to the contrary
notwithstanding.
Fourth. — In order that due time may be given for hearing appeals against
such first assessments, the respective commissioners are hereby required and
strictly enjoined to deliver, in all cases relating to the duties of assessed taxes,
their first duplicates thereof to the respective collectors on or before the
twentieth day of July in each year, with directions to cause public notice
thereof to be given in the parish, ward, or place to which such duplicates
relate, to which duplicates in the hands of such collectors all persons interested
shall have access, and may examine the same at any reasonable time in the
daytime ; and in all cases relating to the duties on property, professions,
trades, and offices the respective commissioners shall, as and when they shall
make an assessment on any person or persons, cause a notice thereof to be
given in the manner directed by the Acts relating to the said last-mentioned
duties, to the party or parties charged in and by such assessment, within the
space of three days after making such assessment, and so from time to time
until all such assessments shall be made, in which certificates shall be inserted
the times limited for hearing the appeals therefrom.
Fifth. — All appeals agaiirst such first assessments shall be entered, and due
notice thereof given within the respective times herein-after limited ; that is
to say, in all cases relating to the duties on assessed taxes within twenty-
A.D. 1808*
48 Gborge III. c. 141.
493
eight days after the delivery of the duplicates of the first assessments to the
respective collectors of the parishes, wards, or places for which such assess-
ments shall be made; and in all cases relating to the duties on property,
professions, trades, and offices within fifteen days after the date of the notice
of snch first assessment to the party or parties charged therewith.
Sixth. — All appeals against such first assessments of the duties of assessed
taxes in any year shall be heard and determined between the twentieth day
of August and the tenth day of September following, and on such day or days
within the time herein limited as the commissioners of the divisions shall
appoint, whereof they are hereby required to give notice in the manner in
which such notices have usually been given in the several parishes, wards,
and places in their division ; and all appeals against such first asse^ments of
the duties on property, professions, trades, and offices in any year shall bo
heard and determined as soon after notice thereof shall be given to the respec-
tive commissioners as conveniently can be done ; and for that purpose the said
respective commissioners, or two of them at the least, shall meet together
within eight days after any such notice of appeal shall have been received by
them, and so from day to day, or from time to time at reasonable intervals,
with or without adjournment, untiL all appeals against such first assessment
shall be heard and determined, of which day or days of appeal the said
respective commissioners shall cause notice to be given to the respective
appellants : Provided always, that in every case where the party assessed
shall be prevented from appealing within the time herein limited, or from '
attending in person at the time limited for hearing the appeal of such party,
by absence or sickness or other sufficient cause, to be proved before the
respective commissioners on the oath or solemn affirmation of the party, it
shall be lawful for the respective commissioners to enter such appeal after
the time herein limited, or to postpone the hearing thereof for such reasonable
time as shall be oecessary, so that no delay shall be thereby occasioned in the
payment or collection of the sums contained in the said first assessment.
Seventh. — ^The said respective commissioners shall cause to be delivered to
the respective collectors their duplicates of the first assessment, including in
snch duplicates as well all such matters as have been appealed against and
determined by the said commissioners as all such matters as have been
assessed and not appealed against ; and all such duplicates shall be delivered
within the respective times herein-after limited ; that is to say, the duplicates
of the duties of assessed taxes on or before the twentieth day of September
yearly, and the duplicates of the duties on property, professions, trades, and
offices on or before the twentieth day of December yearly ; to which duplicates
respectively wan-ants shall be annexed for collecting the duties therein
contained within the times respectively before prescribed.
Eighth. — All such assessments which shall not have been made on or before
the twentieth day of September in respect of the duties of assessed taxes, and
the twentieth day of December in respect of the duties on professions, trades,
and offices, or against which any appeal shall be depending on those days
respectively, shall on the making or determining the same from time to time
be added to such first assessments and to the respective duplicates thereof;
and the duties therein or the moieties thereof which ought to have been
previously collected or paid, shall be collected, levied, or paid on or before
Time of hcariDg
appeals.
Time of
delivering
duplicates.
Assessments
not then made
or determined
shall he added
to first assess-
ments.
494 48.GEORGE III. c. 141. AJ). 1808.
such day or days as the respective commissioners shall order by their warrant
annexed to the duplicates of such , added assessments, such day not being kter
than twenty-one days after the making such, assessment or determining the
appeal thereon.
AsaessiDentfl Ninth. — ^Whenever any assessment of the duties on professions or trades
ber,&c.8haHbe shall be made within the time herein limited, under a number or letter, the
added to first same shall be included in or from time to time added to such first assessments^
and paid into a^id the Said dutics shaU be paid either into the Bank of England or to the
th^ f^^ ^^ ^ receiver general or his deputy in the like proportions as aforesaid on or before
general, &c. the day or days herein appointed for collecting such duties by the respective
collectors, and the said commissioners shall direct and order the same to be
paid accordingly ; and in default of such payment the said respective com-
missioners shall cause the said assessments to be added to the duplicates in the
hands of the respective collectors to whom the collection of the duties assessed
on persons by name shall have been intrusted to be collected, by the same
ways and methods and under the like powers and provisions as such last-
mentioned duties are directed to be collected.
No. IV.
Rules and DniEcriONS for making and collecting the Supplementary
Assessments in each Tear.
Time of deliver- First. — If any inspector or surveyor shall have surcharged any person or
o^^^cha^e.^ persons for any matter or thing for which a surcharge is allowed by the Acts
relating to the said duties respectively, it shall be lawful for such inspector
and surveyor to deliver his or their certificates of surcharge, explicitly stating
the particulars in respect to which such surcharge has been made, to the
respective commissioners in respect of the duties of assessed taxes at any time
' on or before the fifteenth day of December in each year of assessment for the
whole of such year, and in respect of the duties on property, professions,
trades, and offices at any time after the time herein prescribed for making
the first assessments of the said duties for that year, and from time to time
until the commissioners shall have completed all the assessments of their
division for that year, and shall have delivered in the manner directed by
the said Acts the duplicates thereof, and the same shall have been entered
of record in his Majesty's Exchequer ; which certificates of surcharge shall be
signed and allowed by two of the respective commissioners under the re-
strictions and subject to appeal under the conditions prescribed by the said
Acts respectively.
Time of making Second. — All appeals against such surcharges relating to the duties of
appeals from asscssed taxcs shall be heard and determined by the commissioners of the
• division, or any two or more of them, .between the twentieth day of Januaiy
and the twentieth day. of February following ; and all appeals against such
surcharges relating to the duties on propetty, professions, trades, and offices
shall be heard and determined according to the directions of this Act before
prescribed in respect of appeals against the first assessments of the same duties
by the respective commissioners : Provided always, that in every case where
the party surcharged shall have been prevented by absence or sickness or
other sufficient cause, to be proved before the respective commissioners on the
oath or solemn affirmation of the said party, from appealing within the time
JLD. 180&
48 George III. c. 141.
495
herein limited, or from attending in person at the time limited forbearing such
appealsy it shall be lawful for the respective commissioners to enter such appeal
after the time herein limited, or to postpone the hearing thereof for such
leasonable time as may be necessary.
Third. — ^The said certificates of surcharge amended according to the deter-
mination of the respective conmiissioners shall be a sufficient authority to
ihem, and they 'are hereby required, to cause supplementary assessments to
be made out of the said duties respectively, including therein all matters so
surcharged, as -well such matters as have not been appealed against as the
matters determined by the said commissioners; which matters shall be
severally charged to the said duties respectively according to the said Certi-
ficates of surcharge, amended in cases requiring amendment according to
the determination of [the said commissioners, and also including therein the
doable duties or moieties or parts thereof assessed over and above the rates
of duty prescribed by the said Acts respectively, and also all fines and penalties
imposed on any person or persons by the said respective commissioners within
the year of assessment for ofiences committed against the said Acts or this
Act ; which double duties or moieties, or parts thereof, and penalties shall
severally and respectively be added to such supplementary assessments, and
be collected therewith.
Fourth- — The duties and sums of money contained in the supplementary
assessments of each year which shall be completed within the time herein
limited shall, if not sooner paid or satisfied according to the directions of the
said Acts respectively, be collected and levied at the respective times herein-
before appointed for payment of the last instalment of the duties contained
in the first assessments of the said duties respectively for that year ; and each
assessment thereof shall be collected, levied, or paid in one sum.
Fifth. — In all cases where the said duties or any of them shall not have
been ascertained and assessed before the respective days appointed by this
Act for payment for the last instalment thereof, the same respectively shajl and
may be assessed from time to time xmtil a complete assessment be made, and
shall be collected, levied, or paid in one sum. within twenty-one days after
notice of the amount contained in the assessment thereof.
Sixth. — If any inspector or surveyor shall wilfully make any false and
vexatious surcharge of any of the duties contained in any of the said Acts,
or shall wilfully deliver or cause to be delivered to the respective commis-
sioners for executing the said Acts or any of them any false and vexatious
certificate of surcharge of any of the said duties, every such inspector or
surveyor shall be liable to forfeit to the party aggrieved any sum not ex-
ceeding one hundred pounds, or treble the value of the sum claimed by such
surcharge, over and above the rate of 'duty charged by the said Acts respec-
tively, to be recovered by action of debt, bill, plaint, or information in any
of his Majesty's courts of record at Westminster for ofiences committed in
England, and in the court of great sessions for ofiences conmiitted in Wales,
with full costs of suit ; and it shall be lawful for the party aggrieved to sue
either for the said penalty of one hundred pounds, or for the said treble value
^der this Act, at his or her election ; and it shall also bo lawful for the
judge before whom such inspector or surveyor shall have been convicted of
such offence in any such suit, either for the said penalty or treble value or
Sapplementary
assessmentfl to
be made out,
inclading sur-
charges, double
duties, penal-
ties, &c
Supplementary
assessments to
be paid, at
latest, with the
last instalment
of the duties
in the first
assessments.
Assessments
not completed
within the timo
limited to be
assessed from
time to time
and collected in
one sum.
Penalty for
false or vexa-
tious sur-
charges.
496
48 George III c 141.
A.D. 180a
r*
Collectors to
pay the duties
on the appoint-
ed days, and to
account twice
each year.
Payment of
duties, &c
contained in
snpplementaiy
assessments
Receipts to be
given for pay-
ments.
Collectors not
accounting for.
the full amomit
shall deliver a
schedule of
arrears.
any part thereof, by endorsement on the postea, or for the court before "whom
such inspector or surveyor shall be convicted, by entry on the record, to
certify his or their satisfaction with such conviction ; and in every such case
the said certificate shall be an authority to the commissioners for the affairs
of taxes, and they are hereby required, to cause to be paid by the receiver
general of the county, riding, or division wherein such conviction was had,
out of any monies of the said duties respectively in his hands, such reasonable
expenses as the plaintiff shall have incurred, over and above the costs o( suit
as aforesaid, the amount thereof being certified by the proper officer for taxing
costs of the court in which such suit shall be commenced to have been
necessarily expended, and allowed by such officer as between attorney and
client ; and every such inspector or surveyor shall after such conviction be
discharged from his employment. .
No. V.
Rules and Directions for paying to the Receiver General and accounting
for the Duties received by the Collectors.
First. — The several collectors shall pay to the receiver general or liis deputy
all monies of the said respective duties which the said collectors shall have
received or levied by virtue of any of the Acts herein mentioned on the
respective days herein appointed for payment of the said duties or any of ihem
next after their rejceipt of the same, and shall twice in each year account with
such receiver general or his deputy in the manner herein-after mentioned for
all such duties ; that is to say, for the duties of assessed taxes the said collectors
shall pay or account for one entire moiety thereof on the day to be appointed
next after the tenth day of October, and the remainder thereof on the day
to be appointed next after the fifth day of April in each year ; and for the
duties on property, professions, trades, and offices, the said collectors shall
pay or account for one entire moiety thereof on the day to be appointed next
after the fifth day of January in each year, and the remainder thereof on the
day to be appointed next after the fifth day of July following ; on which last-
mentioned days appointed for payment to the said receiver general or his
deputy of the said respective duties, videlicet, on the day appointed next after
the fifth day of April yearly for the payment of the last moiety of the duties
of assessed taxes, and on the day appointed next after the fifth day of July
yearly for payment of the last moiety of the duties on property, professions,
trades, and offices, the full and entire amount of duties, penalties, and sums of
money contained in the said supplementary assessments of the said respective
duties shall also be paid to the receiver general or his deputy, or accounted for
to him or them in the maimer herein-after directed ; for which payments the
said receiver general or his deputy shall give to such collectors receipts in
writing, distinguishing the amounts received for the duties on assessed taxes
from the amoimt received for the duties on property, professions, trades, and
offices, and from all other duties payable to his Majesty, and for which receipts
no stamp duty shall be charged or chargeable, any statute to the contrary
thereof notwithstanding : Provided that if any collector or collectors shall not
at or before the respective times herein-before limited have received or levied
the said respective duties, or shall not then account to the receiver general or
his deputy for the same in the proportions before directed, he or they shall
A.D. 1808.
48 Qeoroe III. c. 141.
497
deliver to the said receiver general or his deputy, at the respective times
Appointed for such payments, or to the commissioners of the division, within
three days after- the respective times aforesaid, a schedule in writing, signed
by such collector or collectors, containing the christian and surname of each
de&ulter, and the respective sums then in arrear from each such defaulter,
with an affidavit subscribed, to be made on the oath or affirmation of the said
collector or collectors (which oath or affirmation may be taken before any one
commissioner of the division) that the several sums contained in the said
schedule have been demanded from and are due and wholly unpaid from the
respective persons charged therewith, either to such collector or collectors, or
to any other person or persons for such collector or collectors, to the best of his
GT their knowledge and belief.
Second. — Every such schedule being certified under the hand of the receiver
general or his deputy of the county or division where the said arrears accrued
to the Court of Exchequer at Westminster shall be received and taken as
safficient evidence of a debt due to his Majesty, and shall be a sufficient
authority to the barons of the said court or any one of them to cause process
to be issued against such defaulter named in the said schedules, to levy the
whole sum in arrear and unpaid by such defaulter ; and the sheriff or other
officer to whom the said process shall be directed shall without delay cause
the whole sum in arrear to be levied by due course of law as a debt to his
Majesty on record, with all costs and expenses attending the same, and
shall pay the monies so levied after deducting the said costs and expenses to
the said receiver general or his deputy, and shall make return of the said
process to the said court, according to the due course thereof : Provided that
every such schedule shall remain with the commissioners of the division for
the space of forty days before the certificate thereof shall be transmitted to
sach court, during which period of forty days every such collector shall give
dae notice of such schedule to the several defaulters named therein, in such
manner as the said respective commissioners shall direct, on pain that every
collector neglecting so to do shall forfeit the like penalty as is imposed on
collectors by the said several Acts or any of them in other cases of neglect of
duty ; and it shall be lawful for every such defaulter within the like period
to pay his or her arrears to the said collector or collectors, whose receipt shall
be a sufficient authority to the said commissioners to discharge the arrears so
paid from the said schedule ; and it shall also be lawful for the said commis-
sioners, if they shall see cause, to issue fresh warrants to collect the said arrears
or any of them within the said period of forty days, and during that period
to use all or any the means or methods prescribed by the several Acts relating
to the said respective duties for the recovery of the said arrears, or direct the
said arrears to be levied by the respective collectors under their former warrant,
as shall be most expedient ; and all warrants to be issued for that purpose may
be directed either to the said collectors, or to the high constable, constables,
or other peace officers within the limits of their division, or any one or more
of them, or to any other person or persons whom the said commissioners shall
think proper, with authority to levy by distress and sale, in the manner
directed by the said Acts respectively, the sums in arrear, together with all
costs and expenses attending the said process and the execution thereof; and
the sums so levied after deducting the said costs and expenses shall be paid to
VOL, IV. II
The c«rtiflcaie
of such iiche-
dule to be
ground of
process.
Schedule to
remftin with
oommimioneni
for a certain
time, during
which oommis-
niooers maj
iiifoe fresh war-
laotii for col-
lecting the
arrean. &c«
ri*
498
48 Geoboe UL c 141.
A.D.1808.
. ' ♦
In default of
delivery of
each schedule,
receiver gene-
ral shall certify
the default to
the Exchequer;
which certifi-
cate shall be
a sufficient
ground of
process.
Surveyor to
attend and
assist the re-
ceiver general,
&c.
Payment over
to receiver
general of
arrears which
have been paid.
Collectors ad-
vancing duties
empowered to
levy the sum
advanced.
the receiver general or his deputy at such time and plaice as the said receiver
general shall appoint, and shall be discharged from the said schedule ; and aU>
high constables, constables, and other peace officers within the said division
shall act in obedience to the directions of the said commissioners, and shall
execute all such orders and process as shall be to them or any of them directed
for the recovery of the said arrears : Provided also, that when the commia-
sioners of the division shall certify to the commissioners for the affairs of taxes
any reasonable cause for nonpayment of or for not proceeding to levy any
part of the said arrears included in the said schedule, and that they have good
reason to believe the same will be paid within a reasonable time, to be stated
in such certificate, it shall be lawful for the said commissioners of the division
to retain the said schedule in their hands for such further time as shall be
necessary, and as shall be mentioned in their aforesaid certificate.
Third. — In default of such schedule being delivered within the space of
three days as aforesaid either to the receiver general or his deputy or to the
said commissioners, it shall be lawful for the receiver general to whom the
payments of the said duties shall not have been made in the proportions
herein prescribed and at the times above mentioned, and he is hereby required,
to certify to the said Court of Exchequer the amount of the duties remaining
unpaid to the best of his knowledge and belief, and the particular ward, parish,
or place, and the division where such failure hath happened, together with the
names of the collectors of the said parish, ward, or place ; and such certificate
under the hand of such receiver general or his deputy shall be a sufficient
authority to the barons of the said court or any one of them to cause process
by way of distringas to be issued out of such court against the said collector or
collectors, upon which writ of distringas the sheriff or other officer to whom
the said process shall be directed shall return such issues from time to time as
such court or baron shall order, until a return of such schedule and arrears
shall have been made to the said court, and immediate process shall thereupon
issue for levying the said arrears out of and under the seal of such court, which
levy shall not be remitted unless all the said duties in arrear shall be paid or
satisfied before the return of such procesa
Fourth. — On each half-yearly day of payment as herein is directed the sur-
veyor of the district shall on notice thereof from the receiver general or his
deputy attend with such of the duplicates of assessment as shall have been
delivered to him and as shall be required by the said receiver general or his
deputy, and shall assist him or them in adjusting the accounts of payments
and of arrears, and shall also assist the collectors in making out their schedules
of arrears to the best of his judgment
Fifth. — ^The duties contained in any schedule of arrears as aforesaid which
shall be paid to such collector or collectors within the period of forty days
before mentioned, or within such further period as shall have been stated in the
certificate of the conamissioners for the retention of such schedule as before
mentioned, shall be paid over to such receiver general or his deputy at such
time and place as the said receiver general shall appoint.
Sixth. — Whenever any collector or collectors shall have advanced and paid
to the receiver general or his deputy any sum of money for or on account of
the duties assessed on any other person or persons, whether at his or their
request or not, it shall be lawful for such collector or collectors in default of
AD. 180a 48 George III. c. 141. 499
repayment to him or them at any time within the space of six calendar months
ifier such payment to levy the said duties by the like ways and methods as
snch collector or collectors might have levied the same before such payment
thereof to such receiver general or his deputy, and as if such duties had not
been paid of satisfied.
• ••••••••
IV. And be it further enacted, that when the commissioners of any division Compensation
shall have fixed the day or days of appeal against the surcharges made by any ^h^^^Jector
inspector or surveyor under the said Acts or any of them, and shall have or surveyor
caosed due notice thereof to be given according to the directions of the said ^^^^©ais
Acts, and the said inspector or. surveyor having like notice thereof shall against sur-
wilfiilly neglect to attend the meeting or meetings of the said commissioners ^ ^^'
held in pursuance of such notices whereby the commissioners shall be pre-
yeQted in proceeding to hear such appeals, it shall be lawfal for the said com-
missioners to aUow to each appellant attending such meeting a reasonable
compensation for such attendance, to be settled by the said commissioners and
paid to such appellants respectively by the receiver general of the said duties
or his deputy on the production of the certificates of any two or more of the
said commissioners testifying such allowance.
y. Akd be it further enacted, that it shall be lawful to and for his Majesty, His Majesty,
his heirs and successors, or the lords commissioners of the Treasury, or any poin™ten"per-
three or more of them, now or for the time being, or the high treasurer for sons to be in-
the time being, from time to time to constitute and appoint for England J^andSiow
and Wales such person or persons, not exceeding ten in number at any one **^®™ salaries,
time, as his Majesty, his heirs and successors, or the said commissioners of
the Treasury, or the high treasurer for the time being shall think proper, to
be inspectors general for the special purposes of this Act herein-after specified
snd declared, and to allow to such inspectors general such reasonable salaries,
charges, and expenses as may be necessary for their pains in executing this
Act in the several particulars herein-after mentioned ; and no person to be
appointed inspector general .under this Act shall be entitled to amend any
affiessment made under the said Acts, or to surcharge any person or persons in
respect thereof, nor shall any such person have or receive or claim any advan-
tage or emolument from any assessment or surcharge to be made under aay
of, the said Acts, nor any other emolument than the salary and allowance
authorized by his Majesty, the commissioners of the Treasury, or the high
treasurer as aforesaid.
The FoWEBS to be vested in the Inspectors General.
First. — ^It shall be lawful for such inspectors general to visit fix)m time to Power to visit
time each inspector and surveyor acting in the execution of the several Acts gj^eyore, &c.
relating as well to the duties of assessed taxes as the said duties on property,
professions, trades, and offices, within the limits of the circuit for which sudx
inspector general shall be appointed, and to examine all or any of the books
^d assessments and duplicates or certificates of assessment or surcharge in
the hands or power of such inspector or surveyor, and also to inquire into the
conduct of eveiy such inspector and surveyor in the execution of their respective
offices, and into their fitness and capacity to execute the same, and to report
from time to time on the several matters aforesaid to the commissioners for
II 2
500
48 George III. c. 141.
A.D. 1808.
V .»
Power to ex-
amine inspec-
tors and sur-
veyors on oath.
Inspectors
general may
report to com-
missioners of
diyision.
In certain
instances, a
case to be
transmitted to
commissioners
for taxes, and
bv them to the
judges at West-
minster for
their opinion.
the affairs of taxes ; and every guch inspector and surveyor shall attend such
insjpector general at such time and at such place within the district of such
inspector and surveyor as the said inspector general shall appoint and shall
have given three days notice of to such inspector or surveyor. ,
Second. — It shall be lawful for every such inspector general to administer
to any such inspector or surveyor, whenever he shall see occasion to examine
him or them in any matter touching the execution of the said Acts, an oath
that he shall true answer make to all such questions os shall be demanded of
him ; and the substance of such answer or answers as such inspector or sur-
veyor shall give shall in his presence be reduced into writing and read to him,
with liberty to alter or amend the same in any particular ; and he shall sign
his assent to the same in his own namie and in his usual manner of writiDg or
signing the same.
Third. — It 'shall be lawful for every such inspector general as aforesaid,
whenever he shall see occasion, to report to the conmiissioners of the division
on any matter or thing^ touching the execution of the said Acts or this Act in
relation to any assessment or assessments in such division, or touching the
conduct of any clerk to such commissioners, or of any assessor or collector
appointed under the said Acts or this Act, together with the opinion of sucL
inspector general thereon ; and every such inspector general shall transmit a
duplicate of such last-mentioned reports to the commissioners for the affidre
of taxes ; and whenever any inspector general shall have reported to the com-
missioners of any division any such matter or thing which in the opinion of
such inspector general shall require the particular consideration of the commis-
sioners of such division, it shall be lawful for them to hold a meeting for that
purpose, and they are hereby required to hold such meeting, within a reason-
able time after such report ; at which meeting such inspector general may
attend for the purpose of explaining the 'matter or matters contained in the
said report, and of suggesting for their consideration the propriety of adopting
such order or orders as may be agreed upon by the major part of the commis-
sioners of such division who shall be present at such meeting.
Fourth. — If any inspector general as aforesaid, or any commissioner for the
division who shall have been present at any meeting of commissioners at
which the report of such inspector general shall have been taken into con-
sideration as aforesaid, shall apprehend the determination made by the com-
missioners at such meeting on the said report, or any of the matters therein
contained, to be contrary to the true intent and meaning of the said Acts
relating to the said duties respectively, or any of the said Acts, it shall be
lawful to and for such inspector general, and to and for any one or more of Ae
commissioners for the division present at the time of sucli determination respec-
tively, to require a case to be prepared and signed by the said commissioners
for the division, in which case the said commissioners shall state specially the
part or parts of the report of the said inspector general and the facts on
which the question arose, together with their determination thereupon, and
any other circumstances influencing the said commissioners in such their dete^
mination, and which case the said commissioners or the major part of them
then present are hereby required to state and sign accordingly, and to cause
the same to be transmitted to the commissioners for the affairs of taxes, who
shall forthwith submit the same to the judges of the courts of record at West-
A,D. 1808.
4SGE0HGG III, c. 141.
801
minster ; and such judges or any two or more of them are hereby required
with all convenient speed to return an answer to sucli case bo transmitted,
with their opinion thereon subsci'ibed tliereto, and what ought under all
drcQinstances to be done therein ; according to which opinion and directions
80 certified the determination of the comraisaioners which ahall liavo been so
objected to, and which shall be stated in such cane, shall be confirmed, reversed,
iitCTed, or amended, a3 the case may require ; and if any a.sae8aiiient« shall be
depending on Kucb determination of the said commissioners, the same shall
alao be altered or confirmed according to the said opinion.
VI. Provided always, and be it further enacted, tliat none of the provisions The ibovt pro-
of this Act herein-before contained sliaU be construed to extend to that part of ^t^io Scot-
Gnat Brittun called Scothmd. taod.
XII. Provided always, and be it further enacted, that tlie several parishes Certwn plwe*
and places, or parts of parishes or places set down in the first column of the Ji,c»ed.
following schedule, and which have been heretofore charged to the said
iTspective duties or either of them in the respective divisions mentioned in
ihe second colunm of the said schedule and set opposite thereto i-espectively,
'iiall from and after the passing of this Act be charged to the said resjKwtivo
duties in the divisions, and shall be subject to the jurisdiction of the commis-
^^■'iurs and persona acting under them, and to the insjiectors and surveyors
of the di\'isiou, mentioned in the third column of the said schedule and set
I tfiposite thereto respectively.
SCHEDULE referred to by the above Clause.
Dc9ori|itioD of FitmIim i» FImm.
Hentotee charged in. i Heresftcr la be Aargei 'a
V»rt of the parish of Wokingtan,1
ataate id the counties of Bcrka \
and Wilts - - -J
Part of the pArieh and Unm ofj
Morpeth ia the conntj of >
Nonhnmberiaod - - j
ntrt of the pariah of Gillinghamn i
in the eoontj of Kent,' called | Town and port of Hast' I
tbeGnu^ge, parcel of the L'bert; > uigi,eaantjof Stutej,
of Hastings in the conntj of j and liberty tbereoC
SosECx - - -J
"^JT C?jf '".S^ f I DmArf of El,ub..«l
Oeeve Pjhani, u l*e eoontj > — «... . .
{Bocheater diru
part of the 1
of Ford, eoant
Kent.
diruinii,
blbe
coantj of
of Wills ■
Uitle Hinton :
Wiha •
Evcrlej, Wiltridre.
the eoontj of 1
the enmtj
"}
Hnodred of Kin(^
bridge, Wiltafairc
502
48 George IIL c. 141, 142.
A.D. 1808.
Exceptions.
XIII. Provided always, and be it further enacted, that nothing in this Act
shall be construed to extend to any of the cases herein-after specified ; (that is
to say,)
First. — To the duties granted by an Act passed in the thirty-eigbth year of
the reign of his present Majesty, by way of a land tax.
Second. — To the duties granted or to be granted by any Act or Acts of
Parliament for one yeax, for the service of such year.
* .
Recital of
26 Qeo. 8. c. 31.
82Geo.d.c. 55.
42 Geo. 3. e. 71.
w
CommissionerB
for reduction of
national debt
empowered to
accept transfers
of consols, &c.
for the pur-
chase of life
annuities.
Nomination
of lives.
CHAPTER CXLII.
An Act for enabling the Conunissioners for the Reduction of the National
Debt t© grant Life Anntdties. [2d July 1808.]
HEREAS by several Acts passed in the reign of his present Majesty, videlicet,
an Act passed in the twenty-sixth yeai* of bis Mojesty^ intituled ^' An Act for
'^ vesting certain sums in conunissioners at the end of every quarter of a year, to be by
^< them applied to the reduction of the national debt," an Act passed in the thirtj-
second year of his Majesty, intituled '' An Act to render more effectual an Act made
" in the twenty-sixth year of his present Majesty's reign, intituled * An Act for
'^ ' vesting certain sums in commissioners at the end of every quarter of a year, to be
« < by them applied to the reductjon of the national debt/ and to direct the applicatioo
'< of an additional sum to the reduction of tl^e said debt in case of future loans/' and
an Act passed in the forty-second year of his Majesty, intituled ^' An Act to amend
" and render more effectual two Acts passed in the twenty-sixth and thirty-second
'^ years of the reign of his present Majesty, for the reduction of the national debt,"
certain provisions were made for the establishment and regulation of the fimds therein
created or directed to be created for the redemption of the national debt, commonly
called The Sinking Fund : And whereas it would tend to a more speedy and efficient
reduction of the national debt if the commissioners for the reduction of the said debt
were enabled under certain limitations and restrictions to grant life annuities charged
upon and payable out of the funds created as aforesaid for the redemption of the
national debt, in consideration of the transfer to them of three pounds per centmn
consolidated or reduced bank annuities ; and it is therefore expedient that the provi-
sions of the said recited Acts relating to the redemption of the national debt ^onld
be varied and amended in so far as may be necessary for carrying the said measure into
effect, and as herein-after expressed : Be it therefore enacted by the King'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 notwithstanding anything in the said recited Acts or any of thdn
contained to the contrary thereof, it shall be lawful for the commissioners for the
reduction of the national debt at any time from and after the first day of August one
thousand eight hundred and eight to accept and receive from any person or persons
whomsoever the transfer of any throe pounds per centum consolidated or reduced bank
annuities, as the consideration for the purchase of life annuities, to be charged upon
and payable out of the funds created as aforesaid for the redemption of the national
debt, commonly called The Sinking Fund, either on the continuance of single lives
or on the continuance of two lives, and the life of the longer liver of th^m, in the
manner and under the limitations, restrictions, and regulations herein-after expressed:
Provided always, that if it shall appear to the said commissioners that such transfers
cannot conveniently be received untU after some day subsequent to the said first dajof
August, it shall be lawful for them to appoint some other day after the said first day d
August and prior to the tenth day of October one thousand eight hundred and eight)
giving notice in the London Gazette of the day so appointed by them, after w.hich snch
transfers may be received. {Hep., Stat. Law Rev. Act, 1872 (No, 2). J
11. And be it further enacted, that all and every persons or person who shall be
desirous of purchasing under the provisions of this Act a life annuity on the contina-
ance of a single life shall be at liberty to name any person to be the nominee, on the
continuance of whose life the said annuity is to depend ; and' all and" every persons or
person who shall be desirous of. purchasing a life annuity on the continuance of the
AD. 180&
48 George ni. a 142.
50S
lives of two personsy and of the life of the loBger liver of them, shall be at liber^ to
name aoy two persons to be the nominees, on the continuance of whoso liveSi imd oi the
life of the longer liver of them, the said annuity is to depend : Provided alwajrN, that
nothing herein contained shall be construed to prevent persons purchasing life nnnuiticH
nnder tiiis Act from naming themselves respectively to be the persons on the con-
tinuance of whose lives such Hfe annuities respectively are to depend* {I^p*, StuU Law
Rev. Act, 1872 (No. 2)^1
XXI. And be it further enacted, that aU life aimuitieB purchased under the
provisions of this Act shall be free from all tajces, charges, and impositiooB
whatsoever, except such as dividends of .consolidated or reduced bank annuitioH
are or may be subject and liable to, and shall be deemed personal estate, and,
in all cases where the same shall not depend upon the life of the |)erHon en-
titled thereto, shall go to his or her executors or administrators as personal
estate, and shall not be descendible to heirs.
Lifo iinuuitieii
to b« frou from
in,)iw, ox««t)t
•uoh UM (livi-
(luiidM of ocm-
iioli iiiul ri'-
(lucod iuimiiti(4N
ttr« liablii Uf,
pvnoual CHtittd.
VtmaXiJum on
DuitUfN ufutr
the tU'ttilM of
MpplUaUum iA
XXIII. AlND be it further enacted, that all and eveiy person or persons^
who for his, her, or their own use or the use of any other person or perHonM
shall receive one or more payment or pajrments upon any annuity for any time
beyond the death of any single or surviving nominee on the continuance of
whose life the same was payable after the time on which the said annuity
onght wholly to cease by virtue of this Aict (knowing such nominee to l>e
dead), shall forfeit to his Majesty, his heirs and successors, treble the valtu»
of the money received after the death of such nominee, and also tlie further
sum of five hundred pounds ; which penalties respectively shall be sued for,
recovered, and applied in the manner directed by this Act
«
XXYIIL AlND be it further enacted, that all pecuniary penalties and fr^r-
feitures imposed by this Act shall be recoverable, if incurred in England, iu
the name of his Majesty's attorney general on the [^art of hi» Majesty, by
information in the Court of Exchequer at Westminster, or (if incurred iu
Ireland) in the name of his Majesty^s attorney general in the Court of
Exchequer at Dublin, or (if incurred in Scotland; in the name of his Majeid/s
advocate general in the Court of Exchequer in Scotland ; and such jieriaJty
and forfeiture shall go and belong to the said commissioners for tlie nAudum
of the national debt and become part of the sinking fund : Vrovhhid aJways,
that it shall be lawful for the said conuuifiHioners to cause sudii rewatd hh iitey
shall think fit, not exceeding cme moiety of any such {j^aialty ijr forfdtu/e ^j
recovered, sfter deducting aU chsiTg&i and exp(»ees iocamA in reoi/veriiiff
the same, to be paid thereout to any pen$on or perbons who shall af^j^rar U#
them to be entitkd thereto as inform/er or in£unncn$ in r^\AiA tA ^mAi
penalty or farfiatore so recovcs^ ai^thing beretn cfmtnined io ih^ ^juinwy
ootwitlistaiidiDg.
• ••••#•••
XXXTT. AXD wherea<s by the «aid reseated Ajcjt of tL^ tw^trtyndrtb yes^ t4
his prcBcni Majesties reign thfr i^yf^i^KT of th^ H^jws^t of O^MufAs>», tl>e ^iStx^^
cdlor of his Maje^-'s Excht/^u^r, t}je ma»&V:T ^/f iJa*? K/J.^ ilth a/yy^or/iarii
geuoal of the Court of Cltancefj', arxd tl*<; govfrmor af^l dq/uty g</v<i?ny>^ of
*he Budc of En^aikd fca- t?j*r tixi»«r b»f;jjg rhhyk^fXiYhly w<,Te M^i^f^AnuA ^m^
iijt tauryii.^ liit: said Act mvj KXi^:uUfju : 1>^ it tOiM^^A, tltstl in T*^ *^
504
48 George III. c. 142, 145.
A.D. 1808.
Exchequer,
&c. added to
the number of
^(ftnmissioDers
for the reduc-
tion of the
national debt.
addition to the commissioners appointed by the said Act, the chief baron, or in
his absence, any one of the barons of his Majesty^s Court of Exchequer in
England for the time being respectively, shall be a commissioner for carrying
into execution the purposes of the said recited Acts of the twenty-sixth,
thirty-second, and forty-second years of his present Majesty's reign and of this
Act, and shall have and be invested with such and the same powers and
authorities in all respects as if the chief baron or baron of the. said Court of
Exchequer respectively had been appointed a commissioner by the said Act of
the twenty-sixth year aforesaid.
39 Geo. 3.
c. 110.
CHAPTER CXLV.
«
Ak Act for enabling His Majesty to grant Annuities to the Judges of the
Courts of Session, Justiciary, and Exchequer in Scotland upon the
Resignation of their Offices-M [2d July 180a]
"TTTHEREAS by an Act passed in the thirty-ninth year of the reign of his
* * present Majesty, intituled " An Act for the augmentation of the salaries
" of the judges in the courts in Westminster Hall, and also of the lords of
" session, lords commissioners of justiciary, and barons of Exchequer in Scot-
" land, and for enabling his Majesty to grant annuities to persons in certain
" offices in the said courts of Westminster HaJl on the resignation of their re-
" spective offices," it is enacted that it shall and may be lawful for his Majesty,
his heirs and successors, to give and gi-ant unto any person who may have
executed the office of chief justice of the Court of King's Bench or shall have
executed the office of the master of the Rolls, chief justice of the Common Pleas,
or chief baron of the Exchequer, or of puisne judge of the Court of King's
Bench or Common Pleas^ or of baron of the coif of the Court of Exchequer
respectively certain annuities therein mentioned, upon the resignation of their
several offices : And whereas by the said in part recited Act passed in the
thirty-ninth year of the reign of his present Majesty it is further enacted that
the successor of every such person so dying or resigning should be entitled to
have and receive from all persons whatsoever such salaries and profits, as
should arise and become due from the death or resignation of his predecessor,
in like manner as if his patent had borne date the day next subsequent to the
day of the death or resignation of his predecessor : And whe):eas it is reason-
able and expedient that annuities should in like manner be granted to the
judges of the Courts of Session and Justiciary, and to the barons of the Court
of Exchequer in Scotland, upon the resignation of their respective offices ; and
also that the successor of every such judge should in like manner be entitled
to have and receive such salaries and profits as may arise and become due
from the death or resignation of his predecessor : May it therefore please your
Majesty that it may be enacted, and be it enacted by the King'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 it shall and may be lawAil for his Majesty, his
I* Rep., so far as relates to the chief baron and barons of the Court of Exchequer
in Scotland, Stat. Law Rev. Act, 1872 (No. 2).l
AJ).180a
48 GcoRGK III. a 143.
AOA
heirs and successors, by his Majesty*8 sign manual U\ {{Ivo and itmnt ul\lo
any person who shall have executed tlio oflioe of loni piWdont mP (liti mU\
Court of Session, or of the lord justice clerk, or of tho chiof \m\\\\ at Iho ( \\\\v{\
of Exchequer in Scotland, or of any judge or lord of St^Milon, or nf any \\m\
eommissioner of Justiciary, or of a baron of tlio said (-ourt of Kxc^ltniiunr, aM wmII
before as after the passing of this Act, and who shall havu roN|UHiLl vnly rti»ilghiM|
any sach office, an annuity or yearly sum of money not oxcnmllnK tltrmt It iittl.lt
parts of the salary appertaining to each such ofiico at tho pnrioil of tito I'MNlg-*
nation thereof; and every such annuity or yearly sum of iiionny Mliall imhm
mencefrom and after the period when tho person to whom any mtnh atttiiilty
or yearly sum of money shall be granted as aforcHaid Mhall havo rtiNlj^ttnfi hU
office, and to continue from thenceforth for and during the natttral liln of thif
person to whom the same shall be granted as aforesaid ; and t$yhry mwU
annuity or yearly sum of money shall be paid out of tlio riioni<iM that Mhall
arise f^m any of the duties and revenues in Scr^tland, which l;y AcU intuUt In
the seventh and tenth years of the reign of her Maji'^ty Qui'^n Altm wttft^
diaiged or made chargeable with the fees, Halarii;^^ an/1 oth^r ohar^^^tn nllowt'^
or to be aUowed by her Majesty, her heirs and micctsmtfrn, for kit^ifitiff up lUtt
coorts of Session, Justiciary, and £xc}ier|uer in 8cr/tlarid ; a/i/l tm^ty tuifU
ammity or yearly som of money shall be paid and f^yabl^^ fr$i«t t/f all UifMi
and deductions whatsoever ^property tax exeeiiUsf]), at m$fU M$i\ i\m tfinmu
times and in such and the same manwir an t}i/; naUn^ii //f ih*i J^^^iiC^ tX iitu
said courts of SessioD, Justiciary, and Yxchhtityft mh fi//w \mfi m^\ \/HyH\tU' •
Provided always, that do such annuity m y^ssuiy mut //f $$$fft$i:y i(fnuhA I//
my peraoD having executed the ofS^ <yf I/>rd pr<si)/kfit // iJ^ ^ *//»$f% //f rU ^un^,
bid diief bomm of the Conrt c€ Yju^^hf^i^^ y,rd l*tkt%fM *it^V, } *4^h ^^ U/f^i /4
Saaon, kwd ccr-Tc^pfocifer -cf ii^ Conrt of Joof^/Utry, ^/t liAt'^, // t^^. ^>/^//t //f
I'iMIII Itl Mi«
KlltMi h\^ WW
Mtl«l» tt'MlUtlH
lllMli
imt or ■»:*« cc ine «ai cCjtJi^ ivr vut yrxA ^/ A.'v^u /«<•/, ^'p^ ^i-
';^^
Tiii s»:me -er
iive eaaeBDei liii :ificis: vL j.ri '^r^^MiU^rs, \{ \'tK ^giki\ '/vv •*, V* •V^t../^ ^^ ^/ /^
IE iui: 1 .ur: ;r I-:.uii»f.n#%r u V5r<i«n^ -^ "/ v.i», i».^, y'^1 ^Y^f.4^/^
rW^ '.m; ir "lift ii. iKt-f* ir-r:;. ^ V.m 11.7 / . *» uu-p^ ♦rtH *.»" ^..iMKir >«>.«*» /M
•r
•/
•AiU -r ^-5-; /:«^.i,/i y «.;v ,r^/i^fp^^0S>»^^
48 Oh»bOE IIL c. 149.
CHAPTER CXLIX.
Aju Act for repealing the Stamp Duties on Deeds, Law Froceediugs, and other
written or printed Instruments, and the Duties on Legacies and Successions
to Personal Estate upon Intestacies now payable in Qreat Britain, and
for granting new Duties in lieu thereof [2d July 1808.]
New daiiea II. And be It further enacted, that from aud after the tenth day of October one
8™°*?^?^ thousand eight hundred and eight there shall be raised, levied, and paid unto and for
theBchediSe *''® "^ '*^ '''^ Majesty, his heire and snccessors, in and throughout the whole of Great
to the Act, Britain, for and in respect of the Beveral instruments, matters, and things mentioned
from iDth Oct. and described in the schedule hereunto annexed (except those standing under liic hni>\
1808. of exemptions), or for and in respect of the vellum, parchment, or paper upi.>ii nliictt
such iuBtrumente, matters, or things shall be written or printed* the several duties or
sums of money set down in figures against the same respectively, or otherwLso speci^fd
and set forth in the same achedole fBep., 33 & 34 Vict. c. 99.| ;
• «*•••**•
Probates of XXXV. And be it further enacted, that from and after the passing of tbis
of admini^i^ Act the probate of the will of any person deceased, or the letters of adminis-
tration of the effects of any person deceased, heretofore granted, or to Ik;
hereafter granted, either before or upon or ^ler the tenth day of October irne
^ raiue ''>«'*<|f thousand eight hundred and eight, shall be deemed and taken to be valid ftiiii
^ ' ' -by (be it&mp available by the executors or administrators of the deceased for recovering,
[; ^"'y- transferring, or assigning any debt or debts, or other personal estate or effects,
^ whereof or whereto the deceased was possessed or entitled,- either wholly or
y partially, as a trustee, notwithstanding the amount or value of such debt or
I ' debts, or other personal estate or effects, or the amount or value of fio much
•'■ thereof or such interest therein as was trust property in the deceased (as
1^ the case may be) shall not be included in the amount or value of the e.state,
c: ' in respect of which the stamp duty was paid on such probate or letters of
i administration.
[' Where eie- XXXVI. AsB be it further enacted, that where the executors or admhiis-
i, ftUege that trators of any person deceased shall be desirous of transferring or of receiving
' "^ ^^a^^ ^^ dividends of any share standing in the name of the deceased of and in
1^ ' the deceased any of the Government or parliamentary stocks or funds transferrable at tbe
i^^ "* 'Taffldarit ^^**^ °^ England, or of and in the stock and funds of the governor and corn-
may be re- pany of the Bank of Eugland, or of and in the stock and funds of auy otha
^red of the company, corporation, or society whatsoever, passing by transfer in tiie books
of such company, corporation, or society, under and by virtue of any audi
probate or letters of administration as aforesaid, and shall alledge that Ha
deceased was possessed thereof or entitled thereto, either wholly or partiallj,
as a trustee, it shall be lawful for the said governor aud company of the Bai^
of England, and for any such other company, corporation, or society ils iJbre-
said, or their respective officers for their indemnity imd protection to require
such affidavit or affirmation of the fact, as herein-after is mentioned, if tbe
fact shall not otherwise satisfactorily appear ; and thereupon to permit such
executors or administrators to transfer the stock or fund in question, or receive
the dividends thereof without r^ard to the amount of the stamp duty on the
A.D. 1808.
48 George III. & 149.
507
probate of the will of the deceased, or the letters of administration of, his or
her effects : And where the executors or administrators of any person deceaaed
shall have occasion to recover any debt or debts or other personal effects due
or apparently belonging to the deceased, and shall alledge that the deceased
was possessed thereof or entitled thereto, either wholly or partially^ as a
tmstee, it shall be lawful for the person or persons liable to pay or deliver
such debt or debts or other effects to require such affidavit or affirmation of
ihe fact as herein-after is mentioned, if the fact shall not otherwise satis-
fiictorily appear ; and thereupon to pay, deliver, or make over the debt or
debts or other effects in question to such executors or administrators, or as
they shall direct, without regard to the amount of the stamp duty on the
probate of the will of the deceased, or the letters of administration of his
or her effects : And where the executors or administrators of any person
deceased shall have occasion to assign or transfer any debt or debts due to the
deceased, or any chattels real or other personal effects, whereof or whereto the
deceased was possessed or entitled, and shall alledge that the same respectively
was or were due to or vested in the deceased, either wholly or partially, as a
trustee, it shall be lawful for the person or persons, to whom or for whose use
such debt or debts, chattels real, or other personal effects ^hall be proposed to
be assigned or transferred, to require such affidavit or affirmation of the fact
as herein-after is mentioned, if the &ct shall not otherwise satisfactorily appear ;
and thereupon to accept the proposed assignment or transfer, without regard
to the amount of the stamp duty on the probate of the will of the deceased or
the letters of administration of his or her effects.
XXXVIL And be it further enacted, that upon any such requisition as Particulars to
aforesaid, the executor or executors, administrator or administrators of the affidavit. "*
deceased, or some other person or persons to whom the fects shall be known,
shall maJke a special affidavit or affirmation of the fiicts and circumstances of
the case, stating the property in question, and that the deceased had not any
beneficial interest whatever in the same, or no other beneficial interest therein
than shall be particularly mentioned and set forth (as the case may be), but
was possessed thereof or entitled thereto, either 'w^hoUy or in part (as the case
may be), in trust for some other person or persons, whose name or names, or
other sufficient description shall be specified in such affidavit or affirmation,
or for such purposes as shall be specified therein ; and that the beneficial
interest of the deceased, if any, in the property in question doth not exceed a
certain value to be therein also specified, according to the best estimate that can
be made thereof, if reversionary or contingent ; and that the amount or value
of the estate, for which the stamp duty was paid on the probate of the will of
the deceased or on the letters of administration of his or her effects, is sufficient
to include and cover such beneficial interest of the deceased^ as well as the
rest of the personal estate, whereof or whereto the deceased was beneficially
possessed or entitled, and for which such probate or letters of administration
shall have been granted, as far as the same have come to the knowledge of
such executor or executors, administrator or administrators ; and where the •
affidavit or affirmation of the facts and circumstances of the trusts shall be
made by any other person than the executor or executors, administrator or
administrators of the deceased, such executor or executors, administrator or
administrators shall make affidavit or aflirmation that the same are true to
508 48 George III. c. 149. A-D. 1808.
the best of his, her, or their knowledge, and that the property in question is
intended to be applied and disposed of accordingly; which affidavits or
affirmations shall be sworn or made before a master in Chancery, ordinary or
extraordinary (who is hereby authorized to take the same and administer the
proper oath or affirmation for that purpose), and shall be delivered to the party
or parties requiring the same, and shall be sufficient to indemnify and protect
Penalty for the party or parties acting upon the faith thereof ; and if any person or persons
making any such affidavit or affirmation as aforesaid shall knowingly and
wilfully make a false oath or affirmation of or concerning any of the matters
to be therein specified and set forth, every person so offending, and being
thereof lawfidly convicted, shall be subject and liable to such pains and penal-
ties, as by any law now in force persons convicted of wilful and corrupt perjury
are subject and Uable to.
Executors and XXXVIII. And be it further enacted, that all and every person or persons
ting with the who as executor or executors, nearest in kin, creditor or creditors, or otherwise,
^^ in Scot- gjjaJi intromit with or enter upon the possession or management of any
person dying personal or moveable estate or effects in Scotland of any person dying after
C^'isos*^ the tenth day of October one thousand eight hundred and eight, shall, on or
exhibit an in- before disposing of or distributing any part of such estate or effects, or uplifting
oHn^the^coml ^^Y ^^^^ ^^^® ^ ^^ deceased, and at all events within six calendar months
missary court next afler having aasumed such possession or management in whole or in part,
stamped! to be *^^ before any such person or persons shall be confirmed executor or executors,
recorded there; testamentary or dative, exhibit upon oath or solemn affirmation in the proper
conunissary court in Scotland (which oath or affirmation any judge of or
commissioner appointed by such court is hereby authorized to administer, and
which oath or affirmation shall not be chargeable with any stamp duly,) a full
and true inventory, duly stamped as required by this Act, of all the personal
or moveable estate and effects of the deceased already recovered or known to be
existing, distinguishing what shall be situated in Scotland, and what elsewhere,
together with any testament or other writing relating to the disposal of such
estate ^d effects, or any part thereof, which the person or persons exhibiting
such inventory shall have in his, her, or their custody or power ; which said
inventory, together with such testament or other writing (if any such there
be), shall be recorded in the books of the said court without any other
and an add!- expense to the party than the ordinary fees of registration ; and if at any
tory, on dis- Subsequent period a discovery shall be made of any other effects belonging to
^^ff^^tfi"^ ^^^^ ^® deceased, an additional inventory or additional inventories of the same
shall within two calendar months after the discovery thereof be in like
manner exhibited upon oatli or solemn affirmation by any person or persons
intromitting with or assuming the management of such effects, which additional
Penalty for inventory or inventories shall also be recorded in the manner aforesaid ; and
neglect or ^ •' '
omission. in case any person or persons hereby required to exhibit any such inventory
or inventories as aforesaid shall refuse or neglect so to do within the time
prescribed for that purpose, or shall knowingly omit any part of the estate or
effects of the deceased therein, he, she, or they shall for every such offence
forfeit the sum of twenty pounds, to be recovered by ordinaiy action or
summary complaint in the sheriff, stewart^ or borough court, or before any
justice of the peace of the shire, stewartry, or borough where the person or
persons sued or complained of shall reside ; which court of justice shall have
A.D. 1808.
48 George IIL c. 149.
509
powef, if ihere shall appear cause, to mitigate such penalty, so that the same
be not reduced below one moiety thereof, besides costs of suit ; and the person
or persons so offending shall also be charged and chargeable Mdth and be holden
liable to the payment of double the amount of the stamp duty, which would
have been payable upon such inventory or inventories so neglected to be exhi-
bited, according to the amount or value of the estate and effects which ought to
have been specified therein, or double the amount of the further or increased
stamp duty which would have been payable upon any such inventory or
inventories exhibited, in respect of the estate or effects so omitted therein as
aforesaid, as the case may require ; which double duty shall be deemed and
taken to be a debt to his Majesty, his heirs and successors, of the person or
persons liable to pay the same, and shall and may be sued for and recovered
accordingly.
XXXIX. And be it further enacted, that all and every the inventory and
inventories so to be exhibited and recorded as aforesaid shall be retained by
the clerk of the commissary court wherein the same shall be exhibited, and
shall be transmitted by him from time to time, as often as required, together
with the said oath or affirmation relating thereto, to the solicitor of stamp
daties at Edinburgh, who shall file and preserve the same in the stamp office
there ; and if the clerk of any such court shall fail to record, retain, or transmit
any such inventory, which shall be exhibited there to be recorded as aforesaid,
or shall receive or record any such inventory, which shall not be duly stamped
as the law requires, he shall for every such offence forfeit the sum of fifty pounds.
XL. And be it further enacted, that where any such additional inventory
shall be exhibited to be recorded as aforesaid, the same shall also specify the
amount or value of the estate and effects of the same person comprized in any
former inventory or inventories ; and the stamp duty to be charged on such
additional inventory shall be the ad valorem duty payable in respect of the
total amount or value of the estate and effects specified therein and in any
such former inventory or inventories ; and upon any such additional inventory
duly stamped being recorded and transmitted as aforesaid the solicitor of
stamp duties shall, upon the application of the party who shall have exhibited
the same, deliver out to such party the former inventory, with a certificate
thereon signed by him bearing that an additional inventory of the effects of
the deceased duly stamped had been transmitted to him and filed as afore-
said; and such certificate shall entitle the party exhibiting the additional
inventory to demand and receive the amount of the stamp duty on such
former inventory from the head distributor of stamps at Edinburgh, who shall
pay the same out of any monies in his hands arising from the duties hereby
charged on such inventories as aforesaid, on a proper receipt being given for
the same, and upon the former inventory and certificate being delivered to
him, to be produced with the receipt as a voucher for such payment.
XLI. Provided always, and be it further enacted, that the duty charged in
the schedule hereunto annexed upon any such inventory to be exhibited as
aforesaid shall be deemed and taken to be charged and payable only in
respect of the amount or value of such parts of the estate and effects therein
mentioned as shall be situated in Scotland.
XLIL And be it further enacted, that it shall not bo lawful for any
oommissary court in Scotland to grant confirmation of any testament, testa-
Sach inven-
tories to be
transmitted to
the solicitor of
stamp daties at
Edinlrargh.
Penalty on
clerk of com-
missary coort
for neglect of
daty.
Additional
inventories
to specify the
amount of the
effects in for-
mer inven-
tories, and the
stamp duty to
be according to
the total of
both ; and the
duty on the
former to be
repaid*
The duty on
any inventory
to be charged
only in respect
of effects in
Scotland.
Confirmations
of testaments
not to be
510
48 George III. a 149.
AJ). 180a
granted for
effects not in-
dnded in such
inyentory.
Executors not
to recover
effects unless
80 includM.
Commissioners
of stamps au-
thorized to
remit itie penal-
ties incurred
by accidental
nonpayment
of the duty on
legacies, if the
duty in arrear
shall be paid
on or before
31st Jan. 1809 ;
and in other
cases the com-
missioners au-
thorized to
stamp receipts
for legacies
brought after
three months
from the date
thereof, on pay-
ment of duty
and penalty ;
aiid to remit
penalty in cer-
tain casesywhere
the receipt was
signed out
of Great
Britain.
mentary or dative, or eik thereto, of or for any estate or effects whatever of
any person dying after the tenth day of October one thousand eight hundred
and eight, unless the same shall be mentioned and included in some such
inventory exhibited and recorded as aforesaid ; and it shall not be competent
to any executor or executors or other peraon or persons to recover any debt
or other effects in Scotland of or belonging to any person dying after the said
tenth day of October, unless the same shall have been previously included in
some such inventoiy exhibited and recorded as aforesaid ; except the same
respectively were vested in the deceased as a trustee for any other person or
persons, and not beneficially ; but these provisions are not in other respects to
prejudice the law of Scotland regarding total or partial confirmations, or the
rules of succession there established.
XLIII. And whereas many persons may through ignorance or inadvertence, or
from accidental or unavoidable causes, have neglected to pay the duties heretofore
payable in respect of legacies and of residues of personal estate given by wills or other
testamentary instruments, or which have devolved to any person or persons upon
intestacies, within the time prescribed by law for that purpose, and may have incurred
heavy penalties by reason of such neglect : 3e it further enacted, that if any person or
persons who shall have incurred any penalty before the passing of this Act^ by rea^n
of the nonpayment of any such duty as . aforesaid, shall offer to pay the same to the
commissioners of stamps at their head office in England or Scotland, as the case may
require, on or before the thirty -first day of January one thousand eight hundred and
nine, and shall make it appear to the satis£M:tion of the said commissioners that sudi
duty was not paid within the time prescribed by law through ignorance or inadver-
tence, or from any accidental or unavoidable cause, it shall be lawful for the said
commissioners to remit the penalty, and to receive the duty which shall be due and
payable by law according to the circumstances of the case, and to cause a proper
receipt to be given for such duty, and also to cause the receipt or discharge, if any,
which shall have been given for the legacy or residue or share of residue of any
personal estate, in respect of which such duty shall be paid, to be duly stamped as the
law requires for making the same available ; and thereupon such receipt or discliarge
shall be as valid and available as if the same had been stamped and the duty paid within
the time originally prescribed for that purpose; anything contained in any former Act
or Acts to the contrary notwithstanding. JRep., Stat Law. Rev. Act, 1872 (No. 2). J
XLIV. And be it further enacted, that in all cases not provided for by the
preceding clause, where any receipt or discharge given for any legacy or for
the residue or any share of the residue of any personal estate which shall
have been given by will or other testamentary instrument, or have devolved
to any person or persons upon intestacy, shall be brought to the head office
to be stamped after the expiration of three calendar months from the date
thereof, it shall be lawful for the said commissioners to cause the same to be
duly stamped, for making the same available, on payment of the duty which
shall be payable in respect thereof, together with the penalty incurred in
consequence of the same not having been brought to be stamped before the
expiration of such three calendar months ; and where any such receipt or
discharge shall have been signed out of Great Britain, if the same shall be
brought to be stamped within twenty-one days after its being received in
Great Britain, it shall be lawful for the said commissioners to remit any
penalty that may have been incurred thereon, and to cause the same 4x) be
duly stamped on payment of the duty payable in respect thereof; anything
contained in any former Act or Acts to the contrary notwithstanding.
^
A.D. 1808.
48 Geobqe IIL c. 151.
511
CHAPTER CLL
r
An Act concerning the Administration of Justice in Scotland, and concerning
Appesjs to the House of Lords, [4th July 1808.]
TfTHEREAS the great extension of agriculture, commerce, manufactures,
** and population, and the consequent multiplication of transactions in
Scotland have greatly increased the number of law suits brought into the
Court of Session, whereby it has become expedient to make some new arrange-
ments in that court to facilitate the dispatch of business : And whereas it is
also expedient to make such regulations as are herein-^after provided touching
appeals : May it therefore please your Majesty that it may be enacted, and
be it enacted by the King^s most excellent Majesty, by and with the advice
and consent of the lords spiritual and temporal, and commons,, in this present
Farliament assembled^ and by the authority of the same, that on and after the i^^ds of ses-
twelfth day of November one thousand eight hundred and eight the ludges or ^^^ *? ?^ '"
1 _j i^ • T_ n n -i. • X J- • • ° ^^ ° two divisiOM.
lords of session shall usually sit in two divisions,
IV. And be it enacted, that from and after the said twelfth day of Novem-
ber one thousand eight hundred and eight the said judges in each division
respectively shall sit in such rooms or places as his Majesty, his heirs and
SQCcessors shall appoint, : Provided that the judges
in each division shall have the same powers with respect to adjournment
which the judges of the whole court now possess.
Place of sitting
of each divi-
sion to be in
the appoint-
ment of his
Majesty.
Power of ad^
joumment.
VL And be it enacted, that the judges sitting in the said respective Judges in each
divisions, or so many of them as shall form quorums thereof respectively ad exercke the
herein-after mentioned, shall be competent to exercise, and shall and may ^® powers as
exercise, except in cases herein excepted, the like duties, powers, and functions heretofore.
in all respects, and with the same and the like authority and eflfect in all
cases and matters that shall come before them, as are now exercised by the
lords of session sitting together in court, or ai quorum of them, and shall also
enjoy the like authorities and privileges as are now enjoyed by the said lords
so sitting, or such quorum.
Vn. Akd be it enacted, that four judges in each division shall be deemed to be a Qaorum.
quorum thereof. {Rep., Stat. Law Bev. Act, 1872 (No. 2).}
IX. And be it further enacted, that all causes, actions, processes, or matters,
which according to the present law and practice come in the first instance
into the said court as inner house causes, shall at the choice of the party
instituting the same be brought before either of the said divisions ; and that
causes, actions, processes, or matters, which according to such practice are brought into
the outer house or bill chamber before any of the ordinary lords, shall, at the choice
of the party instituting the same, be brought before tthe ordinary lords of such divi-
sion as the party instituting the same shall think proper to resort to, and shall not
be remoYcable except into that division to which the lords ordinary belong under the
provisions of this Act ; and all causes, actions, processes, and matters shall be con-
sidered as being under the jurisdiction of the respective divisions of the judges before
which they are brought, or to which the lords ordinary before whom they are brought
belong ; and the decrees or decisions of such division of judges or lords ordinary shall
not be subject to review in the Court of Session by the other judges, save that those of
SQch lords ordinary shall be subject to be reviewed by that division of judges to which
TOch lords ordinary belong {Rep., Stat. Law Rev. Act, 1872 (No. 2). J : Provided
Inner house
causes may he
brought hefore
either diviidon,
and outer house
causes hefore
the lords ordi-
naiy of either
divisioD, &c.
502 48 Geoege III. c. 1«. 142. A.D. 180&.,
XIII. Provided always, and be it further enacted, that nothing in this Act
shall be construed to extend to any of the cases herein-after specified ; (that is
to say,)
First* — To the duties granted by an Act passed in the thirty-eighth year of
the reign of his present Majesty, by way of a land tax.
Second. — To the duties granted or to be granted by any Act or Acts of
Parliament for one year, for the service of suoh year.
CHAPTER CXLII.
An Act for enabling the Commissioners for the Reduction of the National
Debt t« grant Life Annuities. [2d July 1808.]
'\\T HEREAS by BevenJ Acts passed in the reign of his present Majesty, Tidelieel,
Bedtal of W bh Act passed in the twenty-sixth yeer of his M^esty, intituled " An Act for
26 Qeo. S. c. 31. " vesting, certain snms in conunissioners at the end of every quarter of a year, to be by
" them applied to the reduction of the national debt," an Act passed in the IhiriT-
SSGeo.S.cSS. second year of hia Majesty, intituled " An Act to render more effectual an Act maiic
" in the twenty-sixth year of his present Majesty's reign, intituled ' An Act fur
" ' vesting certain sums ia commisBioners at the end of every quarter of a year, U\ h
" ' by them applied to the reduction of the national debt,' and to direct the applicalion
*' of an additional sum to the reduction of the said debt in case of future loana," anil
42 Geo. 3. c 71. an Act passed in the forty-second year of his Majesty, intituled " An Act to iudi'IhI
" and render more effectual two Acts passed in the twenty-sixth and thirty-tci'irjil
*' years of the reign of his present Miqesty, for the reduction of the national dnhC
certain provisions were mode for the establbhment and regulation of the funds therein
created or directed to be created for the redemption of the national debt, commnDly
called The Sinking Fund : And whereas it would tend to a more speedy and efficii^nt
reduction of the national debt if the commissioners for the reduction of the said debt
were enabled under certain limitations and restrictions to grant hfe annuities claimed
upon and payable out of the funds created as aforesaid for the redemption of the
national debt, in consideration of the transfer to them of three pounds per ce^ntum
consolidated or reduced bank annuities ; and it is therefore expedient that the provi-
sions of the said recited Acts relating to the redemption of the national debt dioidil
be varied and amended in so far as may be necessary for carrying the said measuic into
effect, and as herein-after expressed : Be it therefore enaclai by the King's most
excellent Majesty, by and with the advice and consent of the lords spiritiuil nmi
temporal, and commons, in this present Parliament assembled, and by the authority of
. the some, that notwithstanding anything in the said recited Acts or any of th^io
forrediKAioQof contained to the contrary thereof, it shall be lawful for the commissioners for lije
"^"imwrt'bi "^"^ction of the national debt at any time from and after the first day of Augu^l one
accept transfeis thousand eight hundred and eight to accept and receive from any person or persooJ
of consols &c. whomsoeTer the transfer of any three pounds per centum consolidated or reduced I'^ul^
for the pur- annuities, as the consideration for the purchase of hfe annuities, to be charged up^"
chase of life and payable out of the funds created as aforesaid for the redemption of the nation:i]
uinuitiea. jgj^^ commonly called The Sinking Fund, cither on the continuance of sin^e iivw
or on the continuance of two lives, and the hfe of the longer liver of thfim, in tin
manner and under the limitations, restrictions, and regulations herein-after expre:'!^''
Provided always, that if it shall appear to the said commissioners that such fransffn'
cannot conveniently be received until after some day subsequent to the eaid first dn; ui
August, it shall be lawful for them to appoint some other day after the said first ixy o^
August and prior to the tenth day of October one thousand eight hundred and eigbl,
giving notice in the London Gazette of the day so appointed by them, after if;hicL siicb
transfers may be received. JRep., Stat. Law Rev. Act, 1872 (No. 2).l
Nomination II. Ani> be it further enacted, that all and every persons or person who shtll !"■'
of livei. desirous of purchasing under the provisions of this Act a hfe annuity on the COTlinu-
ance of a single life shall be at Uberty to name any pers<m to be the m^niDee, oa ^^
continuance of whose life the said annuity is to depend ; and all and* every person-' ur
person who shall be desirous of purchasing a life annuity on the continuance of ilic
AD. 180&
48 Georoe III. a 142.
503
Utw of two persons, and of the life of the longer liver of them, shall be at liberhr to
name any two persons to be the nominees, on the continuance of whose lives^ and of the
life of the longer liver of them, the said annuity is to depend : Provided always, that
nothing herein contained shall be construed to prevent persons purchasing life annuities
under this Act from naming themselves respectively to be Uie persons on the con-
tinuance of whose lives such life annuities respectively are to depend. {I^ip., Stat. Law
Eev. Act, 1872 (No. 2).J
XXI. And be it further enacted^ that^ all life annuities purchased under the
provisions of this Act shall be free from all taxes, charges, and impositions
whatsoever, except such as dividends of .consolidated or reduced bank annuities
are or may be subject and liable to, and shall be deemed personal estate, and,
m all cases where the same shall not depend upon the life of the person en-
titled thereto, shall go to his or her executors or administrators as personal
estate, and shall not be descendible to heirs.
life amraities
to be free from
tables, except
such as divi-
dends of con-
sols and re-
duced annuities
are liable to,
and be deemed
personal estate*
XXTTI. And be it further enacted, that all and eveiy person or persons,
who for his, her, or their own use or the use of any other person or persons
shall receive one or more payment or payments upon any annuity for any time
beyond the death of any single or surviving nominee on the continuance of
whose life the same was payable after the time on which the said annuity
ought wholly to ce&se by virtue of this Act (knowing such nominee to be
dead), shall forfeit to his Majesty, his heirs and successors, treble the value
of the money received after the death of such nominee, and also the further
ram of five hundred pounds ; which penalties respectively shall be sued for,
recovered, and applied in the manner directed by this Act
«
XXVIIL Akd be it further enacted, that all pecuniary penalties and for-.
feitures imposed by this Act shall be recoverable, if incurred in England, in
the name of his Majesty's attorney general on the part of his Majesty, by
information in the Court of Exchequer at Westminster, or (if incurred in
Ireland) in the name of his Majesty's attorney general in the Court of
i!xchequer at Dublin, or (if incurred in Scotland) in the name of his Majesty's
Advocate general in the Court of Exchequer in Scotiand ; and such penalty
and forfeiture shall go and belong to the said commissioners for the reduction
of the national debt and become part of the sinking fund : Provided always,
that it shall be lawful for the said conmiissioners to cause such reward as they
shall think fit, not exceeding one moiety of any such penalty or forfeiture so
recovered, after deducting all charges and expences incurred in recovering
the same, to be paid thereout to any person or persons who shall appear to
them to be entitled thereto as informer or informers in respect of such
penalty or forfeiture so recovered, anything herein contained to the contrary
notwithstanding.
• •••••••#
XXXIL And whereas by the said recited Act of the twenty-sixth year of
Ms present Majesty's reign the speaker of the House of Commons, the chan-
cellor of his Majesty's Exchequer, the master of the Rolls, the accoimtant
general of the Court of Chancery, and the governor and deputy governor of
the Bank of England for the time being respectively wore appointed com-
niisaioners for carrying the said Act into execution : Be it enacted^ that in
Fenalties on
receiying an-
nuities after
the deaths of
nominees.
Recovery and
applicatiou of
penflilties.
The chief
baron of the
'•ft
504
Excheqaer,
&c. added to
the Dumber of
£<Anmi8sioDers
for the reduc-
tion of the
national debt.
48 George III. c. 142, 145.
AJ). 1808.
addition to the commissioners appointed by the said Act, the chief baron, or in
his absence, any one of the barons of his Majesty's Court of Exchequer in
England for the time being respectively, shall be a commissioner for carrying
into execution the purposes of the said recited Acts of the twenty-sixth,
thirty-second, and forty-second years of his present Majesty's reign and of this
Act, and shall have and be invested with such and the same powers and
authorities in all respects as if the chief baron or baron of the. said Court of
Exchequer respectively had been appointed a commissioner by the said Act of
the twenty-sixth year aforesaid.
39 Geo. 3.
c. no.
«r
<e
It
CHAPTER CXLV.
An Acrr for enabling His Majesty to grant Annuities to the Judges of the
Courts of Session, Justiciary, and Exchequer in Scotland upon the
Resignation of their Offices. W [2d July 1808.]
VJkl HERE AS by an Act passed in the thirty-ninth year of the reign of his
" * present Majesty, intituled " An Act for the augmentation of the salaries
" of the judges in the courts in Westminster Hall, and <ilso of the lords of
" session, lords commissioners of justiciary, and barons of Exchequer in Scot-
land, and for enabling his Majesty to grant annuities to persons in carton
offices in the said courts of Westminster BWl on the resignation of their re-
spective offices," it is enacted that it shall and may be lawful for his Majesty,
his heirs and successors, to give and gi'ant unto any person who may have
executed the office of chief justice of the Court of King's Bench or shall have
executed the office of the master of the Rolls, chief justice of the Common Pleas,
or chief baron of the Exchequer, or of puisne judge of the Court of King's
Bench or Common Pleas^ or of baron of the coif of the Court of Exchequer
respectively certain annuities therein mentioned, upon the resignation of their
several offices : And whereas by the said in part recited Act passed in the
thirty-ninth year of the reign of his present Majesty it is further enacted that
the successor of every such person so dying or resigning should be entitled to
have and receive from all persons whatsoever such salaries and profits, as
should arise and become due from the death or resignation of his predecessor,
in like manner as if his patent had borne date the day next subsequent to the
day of the death or resignation of his predecessor : And wh^eas it is reason-
able and expedient that annuities should in like manner be granted to the
judges of the Courts of Session and Justiciary, and to the barons of the Court
of Exchequer in Scotland, upon the resignation of their respective offices ; and
also that the successor of every such judge should in like manner be entitled
to have and receive such salaries and profits as may arise and become due
from the death or resignation of his predecessor : May it therefore please your
Majesty that it may be enacted, and be it enacted by the King'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 it shall and may be lawful for his Miyesly, his
p Rep., so far as relates to the chief baron and barons of the Court of Ezcheqoer
in Scotland, Stat. Law Rev. Act, 1872 (No. 2).J
fc^
U). 1808.
48 George III a 145.
505
heiis and successors, by his Majesty's sign nianiial to give and grant unto
any person who shall have executed the office of lord president of the said
Court of Session, or of the lord justice derk, or of the chief baron of the Court
of Exchequer in Scotland, or of any judge or lord of Session, or of any lord
oommissioner of Justiciary, or of a baron of the said Court of Exchequer, as well
before as after the passing of this Act, and who shall have respectively resigned
any such office, an annuity or yearly sum of money not exceeding three-fourth
parts of the salary appertaining to each such office at the period of the resig-
nation thereof; and every such annuity or yearly sum of money shall com-
mence from and after the period when the person to whom any such annuity
or yearly sum of money shall be granted as aforesaid shall have resigned his
office, and to continue from thenceforth for and during the natural life of the
person to whom the same shall be granted as aforesaid ; and every such
annuity or yearly sum of money shall be paid out of the monies that shall
arise from any of the duties and revenues in Scotland, which by Acts made in
the seventh and tenth years of the reign of her Majesty Queen Anne were
charged or made chargeable with the fees, salaries, and other charges allowed
or to be allowed by her Majesty, her heirs and successors, for keeping up the
courts of Session, Justiciary^ and Exchequer in Scotland; and every such
annuity or yearly sum of money shall be paid and payable, free of all taxes
and deductions whatsoever (property tax excepted), at such and the same
times and in such and the same manner as the salaries of the judges of the
said courts of Session, Justiciary, and Exchequer are now paid and payable :
Provided always, that no such annuity or yearly sum of money granted to
any person having executed the office of lord president of the Court of Session,
lord chief baron of the Court of Exchequer, lord justice clerk, judge or lord of
Session, lord commissioner of the Court of Justiciary, or baron of the Court of
Exchequer respectively shall be valid, unless such lord president, lord chief
baron, lord justice derk, judge or lord of Session, lord commissioner of the
Court of Justiciary, or baron of Exchequer respectively shall have continued in
one or more of the said offices for the period of fifteen years, or shall be
afflicted with some permanent infirmity disabling him from the due execution
of his office, which shall be distinctly recited in the said grant
II» And be it further enacted, that the successor of every person who shall
have executed the office of lord president of the said Court of Session, or of the
chief baron of the Court of Exchequer in Scotland, or of the said lord justice
clerk, or of a judge or lord of Session, or of a lord commissioner of the said
Court of Justiciaiy, or of a baron of the said Court of Exchequer, shall be
entitled to have and receive, and there shall be issued and paid to such
s^nccessor out of the monies arising from any of the duties and revenues charged
or made chargeable with keeping up the courts of Session, Justiciary, and
Exchequer in Scotland as aforesaid, such salary as shall have arisen and shall
have become due from the death or resignation of his^ predecessor, in like
manner as if his letter patent or commission had borne date the day next
Buhsequent to the day of the death or resignation of his predecessor.
HisMijestj
may grant an-
nuities to the
judges of the
Court of Ses-
sion, &e, on
their resigna-
tion*
• «
Conditions on
which an-
nuities shaU
ho granted.
Soooessonof
Judges, &c. to
receive their
salaries from
the death or
resignation
of their pre-
decessors.
506
48 Geobge hi. c. 149.
A-D: 1808.
CHAPTER CXTJX.
An Act for repealing the Stamp Duties on Deeds, Law Proceedings^ and other
written or printed Instruments^ and the Duties on Legacies and Succes^ons
to Personal Estate upon Inteartacies now payable in Great Britain, and
for granting new Duties in lieu thereof. [2d July 1808.]
New duties II. And be it further enacted, that from and after the tenth day of October one
^™^fii ^ thousand eight hundred and eight there shall be raised, levied, and paid unto and for
the schedSe *^® ^^^^ ^^ ^*^ Majesty, his heirs and successors, in and throughout the whole of Great
to the Act, Britain, for and in respect of the seyeral instruments, matters, and things mentioned
from loth Oct and described in the schedule hereunto annexed (except those standing under the head
1808. of exemptions), or for and in respect of the vellum, parchment, or paper upon which
such instruments, matters, or things shall be written or printed^ the several duties or
sums of money set down in figures against the same respectively, or otherwise specified
and set forth in the same schedule {Bep., 33 & 34 Vict. c. 99.J ;
Probates of
wills and letters
of administra-
tion valid as to
trust property,
though the
value thereof
be not covered
by the stamp
duty.
Where' exe-
cutors, &c.
allege that
any property
was vested in
the deceased
as a trustee, a
special affidavit
may be re-
quired of the
foot.
XXXV. And be it further enacted, that from and after the passing of this
Act the probate of the will of any person deceased, or the letters of adminis-
tration of the effects of any person deceased, heretofore granted, or to he
hereafter granted^ either before or upon or after the tenth day of October one
thousand eight hundred and eight, shall be deemed and taken to be valid and
available by the executors or administrators of the deceased for recovering,
transferring, or assigning any debt or debts, or other personal estate or effects,
whereof or whereto the deceased was possessed or entitled; either wholly or
partially, as a trustee, notwithstanding the amount or value of such debt or
debts, or other personal estate or effects, or the amount or value of so much
thereof or such interest therein as was trust property in the deceased (as
the case may be) shall not be included in the amount or value of the estate,
in respect of which the stamp duty was paid on such probate or letters of
administration.
XXXVI. And be it fiirther enacted, that where the executors or adminis-
trators of any person deceased shall be desirous of transferring or of receiving
the dividends of any share standing in the name of the deceased of aud in
any of the Government or parliamentary stocks or funds transferrable at the
Bank of England, or of and in the stock and funds of the governor and com*
pany of the Bank of England, or of and in the stock and funds of any other
company, corporation, or society whatsoever, passing by transfer in the boob
of such company, corporation, or society, under and by virtue of any such
probate or letters of administration as aforesaid, and shall alledge that the
deceased was possessed thereof or entitled thereto, either wholly or partially,
as a trustee, it shall be lawful for the said governor and company of the Bai^
of England, and for any such other company, corporation, or society as afore-
said, or their respective officers for their indemnity and protection to require
such affidavit or affirmation of the fact^ as herein-after is mentioned, if the
fact shall not otherwise satisfactorily appear ; and thereupon to permit such
executors or administrators to transfer the stock or fund in question, or receive
the dividends thereof without regard to the amount of the stamp duty on the
A.D. 1808.
48 George III. c. 149.
607
probate of ihe Mrill of the deceased, or the letters of administration of his or
her effects : And where the executors or administrators of any person deceased
shaQ have occasion to recover any debt or debts or other personal effects due
or apparently belonging to the deceased, and shall alledge that the deceased
was possessed thereof or entitled thereto^ either wholly or partially^ aa a
trustee, it shall be lawful for the person or persons liable to pay or deliver
SQch debt or debts or other effects to require suc^i affidavit or affirmation of
the ftct as herein-after is mentioned, if the fact shall not otherwise satis-
fiactorily appear ; and thereupon to pay, deliver, or make over the debt or
debts or otiier effects in question to such executors or administrators, or as
ihey shall direct, without regard to the amount of the stamp duty on the
probate of the will of the deceased, or the letters of administration of his
or her effects : And where the executors or administrators of any person
deceased shall have occasion to assign or transfer any debt or debts due to the
deceased, or any chattels real or other personal effects, whereof or whereto the
deceased was possessed or entitled, and shall alledge that the same respectively
was or were due to or vested in the deceased, either wholly or partially, as a
trustee, it shall be lawful for the person or persons, to whom or for whose use
sQch debt or debts, chattels real, or other personal effects jshall be proposed to
be assigned or transferred, to require such affidavit or affirmation of the fact
as berein-after is mentioned, if the &ct shall not otheirwise satisfactorily appear ;
and thereupon to accept the proposed assignment or transfer, without regard
to the amount of the stamp duty on the probate of the will of the deceased or
the letters of administration of his or her effects.
XXXVII. And be it further enacted, that upon any such requisition as Particular to
aforesaid, the executor or executors, administrator or administrators of the affidavit. ° ^
deceased, or some other person or persons to whom the fiEu^ts shall be known,
shall make a special affidavit or affirmation of the facts and circumstances of
the case, stating the property in question, and that the deceased had not any
beneficial interest whatever in the same, or no other beneficial interest therein
than shall be particularly mentioned and set forth (as the case may be), but
was possessed thereof or entitled thereto, either wholly or in part (as the case
may be), in trust for some other person or persons, whose name or names, or
otiier sufficient description shall be specified in such affidavit or affirmation,
or for such purposes as shall be specified therein ; and that the beneficial
interest of the deceased, if any, in the property in question doth not exceed a
certain value to be therein also specified, according to the best estimate that can
be made thereof, if reversionary or contingent ; and that the amount or value
of the estate, for which the stamp duty was paid on the probate of the will of
^e deceased or on the letters of administration of his or her effects, insufficient
to include and cover such beneficial interest of the deceased, ba well as tlie
rest of the personal estate, whereof or whereto the deceased was beneficially
possessed or entitled, and for which such probate or letters of adminiwtratiori
shall have been granted, as far as the same have come t^i the knowledg^t of
sttch executor or executors, administrator or administrators ; and where tli« .
^davit or affirmation of the facts and circumstances of the trtiHtn nhnll bo
^»ade by any other person than the executor or executf^rn, a^lmiriiNtratr)r or
•dministrators of the deceased, such executor or execut^irN, a«ltiiiniNtrator or
^^'dniinistrators shall make affidavit or affirmation that the same are true to
508 ' 48 George III. c. 149. AA). 1808.
the best of his, her, or their knowledge, and that the property in question is
intended to be applied and disposed of accordingly; which affidavits or
affirmations shall be sworn or made before a master in Chancery, ordinary or
extraordinary (who is hereby authorized to take the same and administer the
proper oath or affirmation for that purpose), and shall be delivered to the party
or parties requiring the same, and shall be sufficient to indemnify and protect
Penalty for the party or parties acting upon the faith thereof ; and if any person or persons
making any such affidavit or affirmation as aforesaid shall knowingly and
wilfully make a false oath or affirmation of or concerning any of the matters
to be therein specified and set forth, every person so offending, and being
thereof lawfidly convicted, «hall be subject and liable to such pains and penal-
ties, as by any law now in force persons convicted of wilful and corrupt perjury
are subject and liable to.
Executors and XXXVIII. And be it further enacted, that all and every person or persons
ting with the who as executor or executors, nearest in kin, creditor or creditors, or otherwise,
effects in Scot- gj^gji intromit with or enter upon the possession or management of any
land of any ^ ^ ^ , "^
person dying personal or moveable estate or effects in Scotland of any person dying after
Oct^isos^ to^ the tenth day of October one thousand eight hundred and eight, shall, on or
exhihit an in- before disposing of or distributing any part of such estate or effects, or uplifting
oHn^the^coml ^^Y ^^^^ ^^^® ^ ^^® deceased, and at all events within six calendar months
missary court next after having assumed such possession or management in whole or in part,
stamped^ to be ^^^ before any such person or persons shall be confirmed executor or executors,
recorded there ; testamentary or dative, exhibit upon oath or solemn affirmation in the proper
commissary court in Scotland (which oath or affirmation any judge of or
commissioner appointed by such court is hereby authorized to administer, and
which oath or affirmation shall not be chargeable with any stamp duty,) a full
and true inventory, duly stamped as required by this Act, of all the personal
or moveable estate and effects of the deceased already recovered or known to be
existing, distinguishing what shall be situated in Scotland, and what elsewhere,
together with any testament or other writing relating to the disposal of such
estate ^d effects, or any part thereof, which the person or persons exhibiting
such inventory shall have in his, her, or their custody or power ; which said
inventory, together with such testament or other writing (if any such there
be), shall be recorded in the books of the said court without any other
and an addi- expense to the party than the ordinary fees of registration ; and if at any
tory, on dis- Subsequent period a discovery shall be made of any other effects belonging to
*^ff^^te°^ °^®' the deceased, an additional inventory or additional inventories of the same
shall within two calendar months after the discovery thereof be in like
manner exhibited upon oath or solemn affirmation by any person or persons
intromitting with or assuming the management of such effects, which additional
niSecTor' inventory or inventories shall also be recorded in the manner aforesaid ; and
omission. in case any person or persons hereby required to exhibit any such inventory
or inventories as aforesaid shall refuse or neglect so to do within the time
prescribed for that purpose, or shall knowingly omit any part of the estate or
effects of the deceased therein, he, she, or they shall for every such offence
forfeit the sum of twenty pounds, to be recovered by ordinaiy action or
summary complaint in the sheriff, stewart, or borough court, or before any
justice of the peace of the shire, stewartry, or borough where the person or
persons sued or complained of shall reside ; which court of justice shall have
LD. 1808.
48 George III c. 149.
509
powet, if there shall appear cause, to mitigate such penalty, so that the same
be not reduced below one moiety thereof, besides costs of suit ; and the person
or persons so offending shall also be charged and chargeable with and be holden
liable to the payment of double the amount of the stamp duty, which would
have been payable upon such inventory or inventories so neglected to be exhi-
bited, according to the amount or value of the estate and effects which ought to
have been specified therein, or double the amount of the further or increased
stamp duty which would have been payable upon any such inventory or
inventories exhibited, in respect of the estate or effects so omitted therein as
aforesaid, as the case may require ; which double duty shall be deemed and
taken to be a debt to his Majesty, his heirs and successors, of the person or
persons liable to pay the same, and shall and may be sued for and recovered
accordingly.
XXXIX. And be it further enacted, that aU and every the inventory and
inventories so to be exhibited and recorded as aforesaid shall be retained by
lie clerk of the commissary comii wherein the same shall be exhibited, and
shall be transmitted by him from time to time, as often as required, together
with the said oath or affirmation relating thereto, to the solicitor of stamp
daties at Edinburgh, who shall file and preserve the same in the stamp office
there ; and if the clerk of any such court shall fail to record, retain, or transmit
any such inventory, which shall be exhibited there to be recorded as aforesaid,
or shall receive or record any such inventory, which shaU not be duly stamped
as the law requires, he shall for every such offence forfeit the sum of fifty pounds.
XL. And be it further enacted, that where any such additional inventory
shall be exhibited to be recorded as aforesaid, the same shall also specify the
amount or value of the estate and effects of the same person comprized in any
former inventory or inventories ; and the stamp duty to be charged on such
additional inventory shall be the ad valorem duty payable in respect of the
total amount or value of the estate and effects specified therein and in any
such former inventory or inventories ; and upon any such additional inventory
duly stamped being recorded and transmitted as aforesaid the solicitor of
stamp duties shall, upon the application of the party who shall have exhibited
the same, deliver out to such party the former inventory, with a certificate
thereon signed by him bearing that an additional inventory of the effects of
the deceased duly stamped had been transmitted to him and filed as afore-
said ; and such certificate shall entitle the party exhibiting the additional
inventory to demand and receive the amount of the stamp duty on such
former inventory fix)m the head distributor of stamps at Edinburgh, who shall
pay the same out of any monies in his hands arising from the duties hereby
charged on such inventories as aforesaid, on a proper receipt being given for
the same, and upon the former inventory and certificate being delivered to
him, to be produced with the receipt as a voucher for such payment.
XLT. Provided always, and be it further enacted, that the duty charged in
the schedule hereunto annexed upon any such inventory to be exhibited as
aforesaid shall be deemed and taken to be charged and payable only in
respect of the amount or value of such parts of the estate and effects therein
mentioned as shall be situated in Scotland.
XLIL And be it further enacted, that it shall not be lawful for any
commissary court in Scotland to grant confirmation of any testament, testa«
Sach inven-
tories to be
transmitted to
the solicitor of
stamp duties at
Edinburgh.
Penalty on
clerk of com-
missary court
for neglect of
duty.
Additional
inventories
to specify the
amount of the
effects in for-
mer inven-
tories, and the
stamp duty to
be according to
the total of
both ; and the
duty on the
former to be
repaid.
The duty on
any inventory
to be chargc<l
only in respect
of effects in
Scotland.
Confirmations
of testaments
not to be
510
48 George III a 149.
AJ). 180a
granted for
effects not in-
cluded in Buch
inventory.
Executors not
to recover
effects unless
60 includM.
* Commissioners
of stamps au-
c '
thorized to
•
' remit tlfe penal-
ties incurred
1
■f
by accidental
». -
nonpayment
4'
of the duty on
«
>
legacies, if the
► ■
duty in arrear
k
shall be paid
on or before
31st Jan. 1809;
•
If
•
and in other
•^
cases the com-
r'*
missioners au-
••
thorized to
' •
stamp receipts
»•
for legacies
brought after
three months
k.
from the date
V
thereof, on pay-
ment of duty
f
and penalty ;
axid to remit
•
penalty in cer-
•
tain ca8C8,where
i.
the receipt was
signed out
of Great
«
Britain.
mentary or dative, or eik thereto, of or for any estate or effects whatever of
any person dying after the tenth day of October one thousand eight hundred
and eight, unless the same shall be mentioned and included in some such
inventory exhibited and recorded as aforesaid ; and it shall not be competent
to any executor or executors or other person or persons to recover any debt
or other effects in Scotland of or belonging to any person dying after the said
tenth day of October, unless the same shall have been previously inducted in
some such inventoiy exhibited and recorded as aforesaid ; except the same
respectively were vested in the deceased as a trustee for any other person or
persons, and not beneficially ; but these provisions are not in other respects to
prejudice the law of Scotland regarding total or partial confirmations, or the
rules of succession there established.
XLIII. And whereas many persons may through ignorance or inadvertence, or
from accidental or unavoidable causes, have neglected to pay the duties heretofore
payable in respect of legacies and of residues of personal estate given by wills or other
testamentary instruments, or which have devolved to any person or persons upon
intestacies, within the time prescribed by law for that purpose, and may have incurred
heavy penalties by reason of such neglect : 3e it further enacted, that if any person or
persons who shall have incurred any penalty before the passing of this Act, by reason
of the nonpayment of any such duty as . aforesaid, shall offer to pay the same to the
commissioners of stamps at their head office in England or Scotland, as the case may
require, on or before the thirty -first day of January one thousand eight hundred and
nine, and shall make it appear to the satisfaction of the said commissioners that such
duty was not paid within the time prescribed by law through ignorance or inadver-
tence, or from any accidental or unavoidable cause, it shall be lawful for the said
commissioners to remit the penalty, and to receive the duty which shall be due and
payable by law according to the circumstances of the case, and to cause a proper
receipt to be given for such duty, and also to cause the receipt or discharge, if any,
which shall have been given for the legacy or residue or share of residue of any
personal estate, in respect of which such duty shall be paid, to be duly stamped as the
law requires for making the same available ; and thereupon such receipt or discliarge
shall be as valid and available as if the same had been stamped and the duty paid within
the time originally prescribed for that purpose; anything contained in any former Act
or Acts to the contrary notwithstanding. {Rep., Stat. Law. Rev. Act, 1872 (No. 2). J
XLIV. And be it further enacted, that in all cases not provided for by the
preceding clause, where any receipt or discharge given for any legacy or for
the residue or any share of the residue of any personal estate which shall
have been given by will or other testamentary instrument, or have devolved
to any person or persons upon intestacy, shall be brought to the head office
to be stamped after the expiration of three calendar months from the date
thereof, it shall be lawftil for the said commissioners to cause the same to be
duly stamped, for making the same available, on payment of the duty which
shall be payable in respect thereof, together with the penalty incurred in
consequence of the same not having been brought to be stamped before the
expiration of such three calendar months ; and where any such receipt or
discharge shall have been signed out of Great Britain, if the same shall be
brought to be stamped within twenty-one days after its being received in
Great Britain, it shall be lawful for the said commissioners to remit any
penalty that may have been incurred thereon, and to cause the same to be
duly stamped on payment of the duty payable in respect thereof; anjrthing
contained in any former Act or Acts to the contrary notwithstanding.
A.D. 1808.
48 Geosqe IIL c. 151.
511
CHAPTER CLL
An Act oonoerDing the Administration of Justice in Scotland, and concerning
Appeajs to the House of Lords, [4th July 1808.]
TfTHEREAS the great extensipn of agriculture, commerce, manufactures,
*^ and population, and the consequent multiplication of transactions in
Scotland have greatly increased the number of law suits brought into the
Court of Session, whereby it has become expedient to make some new arrange-
ments in that court to facilitate the dispatch of business : And whereas it is
also expedient to make such r^ulations as are herein-after provided touching
appeals : May it therefore please your Majesty that it may be enacted, and
be it enacted by the King'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 on and after the i^rds of
twelfth day of November one thousand eight hundred and eight the judges or ^^^ ^ ?^^ ""
lords of session shall usually sit in two divisions,
ses-
IV. And be it enacted, that from and after the said twelfth day of Novem-
ber one thousand eight hundred and eight the said judges in each division
re^ctively shall sit in such rooms or places as his Majesty, his heirs and
successors shall appoint, : Provided that the judges
in each division shall have the same powers with respect to adjournment
which the judges of the whole court now possess.
FlAce of sitting
of each divi-
sion to be in
the appoint-
ment of his
Majesty.
Power of ad"
joamment.
VL And be it enacted, that the judges sitting in the said respective Judges in each
divisions, or so many of them as shall form quorums thereof respectively ad exeroise the
herein-after mentioned, shall be competent to exercise, and shaU and may »me powers as
exercise, except in cases herein excepted, the like duties, powers, and functions heretofore.
in all respects, and with the same and the like authority and effect in all
cases and matters that shall come before them, as are now exercised by the
lords of session sitting together in court, or a quorum of them, and shall also
enjoy the like authorities and privileges as are now enjoyed by the said lords
so sitting, or such quorum.
YII. And be it enacted, that four judges in each division shall be deemed to be a Qaorum.
quorum thereof. {Rep., Stat. Law Bev. Act, 1872 (No: 2).}
• • • * *.• * • •
IX. And be it further enacted, that all causes, actions, processes, or matters,
which according to the present law and practice come in the first instance
into the said court as inner house causes, shall at the choice of the party
instituting the same be brought before either of the said divisions ; and that
canseSy actions, processes, or matters, which according to such practice are brought into
the outer house or bUl chamber before any of the ordinary lords, shall, at the choice
of the party instituting the same, be brought before 'the ordinary lords of such divi-
sion as the party instituting the same shaU think proper to resort to, and shall not
be remoYeable except into that division to which the lords ordinary belong under the
provisions of this Act ; and all causes, actions, processes, and matters shall be con-
sidered as being under the jurisdiction of the respective divisions of the judges before
which they are brought, or to which the lords ordinary before whom they are brought
belong ; and the decrees or decisions of such division of judges or lords ordinary shall
not be subject to review in the Court of Session by the other judges, save that those of
sach lords ordinary shall be subject to be reviewed by that division of judges to which
TOch lords ordinary belong JRep., Stat. Law Rev. Act, 1872 (No. 2). J : Provided
Inner house
caoBes may he
brought before
either division,
and outer house
causes before
the lords ordi-
nary of either
division, &c.
|. 512 48 Geoeoe III c 151. i.D. 1808,
i that where any action, matter, process, complaint, or cause Las been brou^t
' before one of the said divisions or the lords ordinary thereof, the other divi^on
■^ or the lords ordinary thereof ehall remit any action, process, matter, complamt,
;; ' or cause subsequently brought before them relating to the same subject,
I matter, or thing, or having a connection or contingency therewith, to the
ji ' consideration of the division or lords ordinary before whom the first canst!,
I . action, process, complaint, or matter had been previously brought ; which
t remits shall be made in such form and manner as is now used, or as shall
s; be established by future regulations of the whole court or a quorum of nine
p judges thereof, and which such court or quorum is hereby authorized anJ, if
i the same shall be necessary, required to make.
f-' Jna^ofone X. AND be H enacted, that it shall be competent to the judges of either
?'• tui^'^wioaB <ii™ion, or the quorum thereof, in any cases which shall appear to tlicm to
^ ■ of law i«qiuriDg be cases of imiwrtance and difficulty, to state questions of law in writjng
t thejifd^°of arising on such cases, and to require the opinions of the judges of tlie other
i * '^e other di- division to be given thereupon ; and such judges shall bo bound to coniinunicale
t ' their opinion thereupon, either as a collective body or as individual judges,
t' . Fonn« of pro- XI. And be it enacted, that the forms of proceeding and process before each
I both'dn^oM '^^ *^® ^^ divisions of the judges respectively, and before the lords ordinal^-
I to be the BBme, of each respectively, shall be the same, and no alteration thereof shall take
* tion to wke "" P^*"*. but by Acts of sederunt of the whole court or a quorum of nine judges
i_ ^"=8 *"' ^ thereof assembled by the lord president, to which court or quorum it shall be
t Kdcnmt. competent to make such alterations ajid regulations concerning sucli forms of
t ■ proceeding and process, as shall appear to be necessaiy or expedient ; and all
SsTing of the lawful powers of the Court of Session or any quorum thereof fco make Acts
^ co^!" ^^ sederunt, and all other lawful powers, duties, or functions of the said court,
^ or any quorum thereof, save as the exercise of their powers, functions, or duties
."• is regulated by this Act, shall remain and be in full force.
i, Si'*"}?'""* "* ^^I- ■AJ'D be it enacted, that it shall be competent to the said court, or a
'f gpcctingthe quorum of nine judges thereof, assembled by the lord president, to make
[■ *!' principal interim regulations, until provisions shall be made for that purpoHo by Parlia-
J idoD. jneut, with regard to the duties to be performed by the six principal clerks of
'f '■ session in the said divisions : Provided always, that each of the said principal
clerks shall be entitled to act in either division, and that the said principal
■ ' . clerks shall be entitled to carry on their official business in their oflices and in
\ court in conformity to the present practice ; and that it shall be competent to
the said court to make interim regulations with regard to the duties to be
[ performed by the depute clei-ks in the outer house, and by the clerk or clerks
j.- in the bill chamber, and other officers of court, as sheJl appear expedient for
carrying on the business of each of the said divisions in a proper manner.
XIII. And be it enacted, that in caws in wliich.
after such divisioiiB of the judges iihaU have taken place as aforesud, cauties .shall b«
remitted by the House of Lords to the Court of Session, and when thei-o shall k
at the date of such remits no lords onlinary to such causes, the first of surli cauf^c
; so remitted shall belong to the tliVision in which the lord president of the whale
court presides, and the second to tlio other division, and so on sucrcssivcly ; Hud
In caiuea re- where there are lords ordinary to such causes, the respective causes shall be renullcJ
mitied by the ^ (j,e division in which the lords ordinary to such causes roHpectiTely beloD" : Frov"!eil
todtheV^'^ nevertheless, that IRep., Stat. Law Kev. Act, 1872 (No. 2).I in all cau.ses in which
; - division, the the House of Lords shall tliiiik proper expressly in any remit to the court si
if rMoired"' *■" "^""^ ^^ judges of the division of the Court of Session to wHch the cause
JLD. 1808.
48 Oeobge III. c. 131.
513
or matter shall after snch remit belong shall be bound to require the opinion
of the judges of the othjBr division in matters or questions of law in writing,
and soch judges of the other division shall be bound to give and communicate
the same in manner herein-before provided.
XIV. And be it enacted, that for the purposes aforesaid the Court of Session
is hereby authorized to meet after the passing of this Act on any days, either
in time of session or during vacation, nine of the said judges being a quorum,
and the said court being assembled by the lord president, in order that such
legnlations may be made, and such distribution of causes may take place ajs
shall he necessary or proper for carrying this Act into execution. .
XT. And be it enacted, that hereafter no appeal to the House of Lords
shall he allowed from interlocutory judgements, but such appeals shall be
allowed only from judgements or decrees on the whole merits of the cause,
except with the leave of the division of the judges pronouncing such inter-
locutory judgements ; or except in cases where there is a difference of opinion
among the judges of the said division ; nor shall any appeal to the House of
Lords be allowed from interlocutors or decrees of lords ordinary which have
not been reviewed by the judges sitting in the division to which such lords
ordinary belong : Provided that when a judgement or decree is appealed
from it shall be competent to either party to appeal to the House of Lords
from all or any of the interlocutors that may have been pronounced in the
cause, so that the whole as far &s it is necessary may be brought under the
review of the House of Lords.
XVL Provided always, and be it enacted, that if the reclaiming or repre-
sentmg days against an interlocutor of a lord ordinary shall from mistake or
inadvertency have expired, it shall be competent, with the leave of the lord
ordinary, to submit the said interlocutor by petition to the review of the
(fiviaion to which the said lord ordinary belongs ; but declaring always, that
in the event of such petition being presented, the petitioners shall be sub-
jected in the payment of the expences previously incuiTcd in the process by
the other partj'.
XVII. And be it enacted, that when any appeal is lodged in the House of
hords a copy of the petition of appeal shall be laid by the respondent or
lespondents before the judges of the division to which the cause belongs ;
and the said division or any four of the judges thereof shall have power to
regulate all matters relative to interim possession, or execution, and payment
of costs and expences already incurred, according to their sound discretion,
having a just regard to the interests of the parties, as they may be affected
^7 the affirmance or reversal of the judgement or decree appealed front
Xym. And be it enacted, that it shall not be competent by appeal to the
House of Lords touching the regulations so made as to such interim posses-
ion, execution, and payment of expences or costs, to stop the execution of
such regulations as shall have been so made as aforesaid respecting the same :
Provided that when the appeal touching the judgement or decree appealed
from shall be heard it shall be competent for the House of Lords to make
Bueh order and give such judgement respecting all matters whatsoever which
shall have been done or have taken place in pursuance of or in consequence
of such r^ulations so made as to interim possession, execution^ and payment
VOL. nr. K K
take the opinion
ofthe jud^T^ of
the other diTi-
sion.
Court of Ses-
sion to meet
to form Tegu-
lationn for
carrying this
Act into exe-
cution.
Appeals to
the Hoasc of
Lords.
As to review of
interlocutors
after expira-
tion of time
limited for
appeal
Copy of the
petition of ap-
peal to the
House of Lords
to be laid before
the judff es of
the division to
which the cause
belongs, who
shall make re-
flations as to
interim posses-
sion, &c.
Snch regula-
tions not to bo
stopped by
appeal to the
House of Lords;
but the House,
on the hearing
of the appeal,
shall make
orders, &c. as
to matters dono
under such
regulations.
514
lis Geoboe m 0. 151.
A.D. 1808.
p?.
«
House of Lords
may adjudffe
payment of
interest.
Bespondents
in JBppeals dis-
missed for want
of prosecution
may apply for
interest and
costs to the
division to
which the
cause belongs.
Vacancies of
judges to be
filled up as
heretofore.
of expences or costs as the justice of the case shall appear to the said House
of Lords to require.
XIX. And be it enacted, that if upon hearing the appeal it shall appear to
the House of Lords to be just to decree or adjudge the payment of interest,
simple or compound, by any of the parties in the cause to which such appeal
relates, it shall be competent to the said House to decree or adjudge the
payment thereof as the said House in its sound discretion shall think meet
XX. And be it enacted, that if any appeal presented after the passing of
this Act to the House of Lords against an interlocutor or decree of the said
court or either of the divisions thereof shall be dismissed for want of prosecu-
tion, it shall be lawful for any respondent in such appeal to apply by petition
to that division of the Court of Session to which such cause shall belong, and it
shall be competent to the judges of the said division upon such petition to
decree payment of interest, simple or compound, by the appellant to such
respondent, in such manner as the said division in its sound discretion shaQ
think meet, together with the costs or expences which have been incurred in
consequence of such appeal
XXI. And be it further enacted, that as often as a vacancy of the office of
a judge shall happen among the judges of either division, the same shall be
filled up according to the present law and practice of Scotland : Provided tiiat
such new appointed judge shall go through the forms of admission in that
division of judges only to which he is appointed, unless an objection is made
to his admission, in which case the objection shall be decided by the whole
court.
49 GEORGE III. A.D. 1809.
STATUTES MADE AT THE Pakliament
Begun and Holden at Westminster, the Twenty-second Day of June,
A.D. 1807,
In the FORTY-SEVENTH Year of the Reign of
King GEORGE the Third,
And from thence continued by several Prorogations to the
Nineteenth Day of January, A.D. 1809,
Being the Third Session of the Fourth Paruament of the Untied
Kingdom of Great Britain and Ireland.
CHAPTER XIV.
An Act for repealing an Act of the Parliament of Scotland relative to ChiM
Murder, and for making other Provisions in lieu thereof.
[20th Mardi 1809.]
WHEREAS by an Act of the Parliament of Scotland passed in the second session
^.^.^ «* °^ ^-he first Parliament of King William and Queen Mary, intituled ** Act ancnt
Scotch Act, " murthering of children," it is enacted that if any woman shall conceal her being with
Seas. 2. Pari. 1. child during the whole space and shall not call for and make use of help and assislancf
Will. & Mar. o i- i
.A.D. 1809.
49 George III. c. 14, 27.
515
in the birth, the child being found dead or amissing, the mother shall be holden and
reputed the murtherer of her own child : And whereas the punishment of death has
been found too rigorous for such an offence, but nevertheless it is expedient that it
shoold be repressed and punished suitable to its quality and degree : May it therefore
please your Majesty that it may be enacted, and be it enacted by the King's most ex-
cellent 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 from and after the passing of this Act the said in part recited Act of the Farlia- Becited Act
ment of Scotland shall be and the same is hereby repealed. {Rep., Stat. Law Rev» Act, repealed.
1872 (No. 2).3
n. And be it further enacted, that if, from and after the passing of this Concealing
Act, any woman in that part of Great Britain called Scotland shall conceal her ^how^'be
being with child during the whole period of her pregnancy, and shall not call puni«hed.
Tor and make use of help or assistance in the birth, and if the child be found
dead or be amissing, the mother, being lawfully convicted thereof, shall be im-
prisoned for a period not exceeding two years in such common gaol or prison
as the court before which she is tried shall direct and appoint
CHAPTER XXVII.
ks Act for establishing Courts of Judicature in the Island of Newfoundland
and the Islands adjacent ; and for re-annexing Part of the Coast of
Labrador and the Islands lying on the said Coast to the Government of
Newfoundland.pl [30th March 1809.]
XIV. And whereas his Majesty by his proclamation of the seventh day of
October one thousand seven hundred and sixty-three was pleased to declare
that he had put the coast of Labrador from the river Saint John to Hudson's
Streights, with the islands of Anticosti and Madelaine, and all other smaller
islands lying on the said coast, under the care and inspection of the governor
of Newfoundland : And whereas by an Act passed in the fourteenth year of the
reign of his present Majesty, intituled " An Act for making more effectual pro- i4Geo.3.c.83.
" vision for the government of the province of Quebec in North America," all
such territories, islands, and countries as since the tenth day of February one
thousand seven hundred and sixty- three had been made part of the government
of Newfoundland were during his Majesty's pleasure annexed to and made
part of the province of Quebec, as created by the said proclamation : And
whereas in pursuance of an Act passed in the thirty-first year of his present
Majesty's reign, intituled '' An Act to repeal certain parts of an Act passed in si Geo.3. c.3i.
** the fourteenth year of his Majesty's reign, intituled * An Act !for maldng
" * more effectual provision for the government of the province of Quebec in
" 'North America,' and to make further provision for the government of the
" said province,'* the said province of Quebec was divided into two provinces
of XTpper and Lower Canada, the latter including the parts of the coast of
Labrador and the said islands so formerly annexed to the government of New-
I* So much of this Act as relates to so much of the coast of Labrador, from the river
St John to Hudson's Streights, as lies to the westward of a line to be ch-awn due north
>nd south from the bay or harbour of Ance Sablon, inclusive, as far as the iiftj-second
degree of north latitude, with the island of Antiscosti and all other islands adjacent to
^^h part as last li^oresaid of the coast of Labrador, rep., 6 Geo. 4. c. 59. s. 9.J
KK 2
51C
49 Geohge III. c 27, 32.
A.D. 1809,
Tflrt of Ibp
COUBt of Lit'
brndor oni Ihi!
Islnn'la lyingol
ihe smd cou:^!:
re-annexed
ro the icnveni-
meiilofNtiv-
fouadln.nd.
From Match
as, 1803, tlier
oluill he |.nid
foundland : And whereas it is expedient that the said coaat of Labrador and
the adjacent islands (except the islands of Madelaine) should be re-annexed to
the government of Newfoundland : Be it therefore enacted, that such }>arts of
the coaat of Labrador from the river Saint John to Hudson's Streights, and the
said island of Anticosti, and all other smaller islands so annexed to the govern-
ment of Newfoundland by the said proclamation of the seventh day of Octflber
one thousand seven hundred and sixty-three (except the said islands of Sfnde-
laine} shall be separated from the said government of Lower Canada, and Iw
again re-annexed to the government of Newfoundland ; anything in the said
Act passed in the thirty-first year of his present Majesty's reign or any other
Act to the contrary notwithstanding.
CHAPTER XXXn.
An Act for continuing and making perpetual several Duties of one Shilling
and Sixpence, repealed by an Act of the last Session of Parliament, on
Offices and Employments of Profit, and on Annuities, Pen-fiims, and
Stipends, and thereby granted for One Yeai- to the Twenty -fifth Day of
Mai-ch One thousand eight hundred and nine. [28th April 1809.]
WHEREAS certain rates and duties were granted to his Majesty for one
year, from the twenty-fifth day of March one thousand eight hundred and
eight, by an Act passed in the last session of Parliament, intituled " An Act for
" continuing to his Majesty certain duties on malt, sugar, tobacco, and smiffin
" Great Britain, and on pensions and offices in England, and for repeating so
" much of certain Acts as relate to certain duties of sixpence and one shilling
" respectively on offices and pensions, and for re-granting the .said duties of
" sixpence and one shilling respectively, and the said other duties for the ser-
" vice of the year one thousand eight hundred and eight," and it is expedient
to continue the same to his Majesty, his heirs and successors, for ever : May
it therefore please your Majesty that it may bo enacted, and be it enacted by
the King's most excellent Majesty, by and with the advice and consent of t!ie
lords spiritual and temporal, and commons, in this present Parliament aiwem-
bled, and by the authority of the same, that from and after the twenty-fifth
day of March one thousand eight htmdred and nine, there shall be assessed,
. raised, levied, and paid unto and for the use of his Majesty, his heirs and
successors, upon all annuities, pensions, stipends and other payments, salaries,
fees, wages, and perquisites, as set forth in the schedule to this Act annesed,
the several rates and duties respectively inserted and contained therein, wliich
schedule and the rates and duties therein respectively contained, and the rules
and exemptions therein respectively mentioned shall be deemed and construed
a part of this Act as if the same were severally and respectively incoqwrated
therewith, ajid under a special enactment ; • . .
^
A.D. 1809. 49 Geoeoe III. c. 32. 517
r
I The SCHEDULE referred to by the Act of the forty-ninth year of his present
I Majesty's reign.
1 No. I.
For every twenty shiUiDgs of the yearly value or amount of all salaries, fees,
anJ perquisites incident to or received for or in respect of all offices and ,
einploymenta of profit in Great Britain, granted by or derived from the
cniwn, exceeding the value of one hundred pounds per annum, which have
betn heretofore rated or assessed by virtue of any Act for granting an aid
to his Majesty by a land tax, and which since the Act for the redemption
of such part thereof as was charged on lands, tenements, or hereditaments
have been rated or assessed to the tax on offices or employments of profit
hyvii-tue of any Act or Acts for continuing the said last mentioned tax for
one year, and from year to year, over and above all other duties already
chalked or payable, the sum of - ... one shilling.
For every twenty shillings of all pensions and other gratuities payable out of
any revenue belonging to his Majesty in Great Britain, exceeding the annual
valae of one hundred pounds per annum, over and above all other duties
already charged or payable, the sum of - - - one shilling.
No. II.
For aud upon all salaries, fees, and wages, payable for or in respect of offices
of profit granted by or derived from the erown, which have heretofore been
rated or assessed in manner aforesaid, and for and upon all pensions and
nnnuties charged upon the revenue of Great Britain, over and above all
other duties already charged or payable, the sum of - - sixpence.
Exemptions to the several Duties, as set forth in the Schedules No. I. and IL
before mentioned.
Any of the royal &mily.
Any person on the staff of his Majesty's army ; any commissioned or non-
commissioned officer or private in the army, artillery, marines, or corps of
engineers, or in the militia or volunteers, or in the navy.
Any [>ension or gratuity which his Majesty's royal predecessors, or his Majesty
shall have been, or his said Majesty, his heirs or successors, shall be pleased
to declare in the warrant, order, or other instrument directing payment
thereof to be intended as charitable donations.
Any office or employment in any of the universities in Great Britain.
In every case when any salary, wages, fees, perquisites, gratuities, or other
payments payable in respect of any office or employment of profit, or any
annuity, pension, stipend, or other payment shall have been specially
exempted from the payment of aids and taxes by any Act of Fiu'liament.
In e\ery case where any salary, stipend, or other payment of or in respect of
any office or employment, or any proportion of such salary, stipend, or other
payment which shall be payable to any person in respect of his having held
any office or emplojonent, or upon his superannuation from such office or
employment, shall have been or shall be directed to be paid net or without
deduction by any order of his Majesty in council, or by any warrant nndcr
the royal sign manual, or by any order of the commissioners of his Majesty's
Treasury.
\
518 49 Oeoboe IIL & 32: A.D. 1809.
In every case where the charge or charges of one shilling and of sixpence
respectively, or of either of them, on any salary, stipend, or other payment
aforesaid, shall have heen directed to be repaid or reimbursed to the pwty
charged with the said duty of one shilling and sixpence respectively out of
the public revenue, or out of the contingent or fee fund or incidents of any
department of office by like order of his Majesty in council, or by any war-
rant under the royal sign manual, or by order of the commissioners of his
Majesty's Treasury.
Provided always, that the authority for the payment net or without deduction
of any salary, stipend, or other payment aforesaid, and the authority for the
repayment out of the public revenue, or out of the contingent oi' fee fund
or incidents of any department of office, of any charge made on any salary,
stipend, or other payment aforesaid, shall be respectively certified by Home
principal oiEcer in the department to which such office or employment bt>-
longs, or such payment is made, to be so paid net or without deduction, or
to be repaid out of the said revenue,
RtTLES for charging the said several and respective Duties contained in Na L
and II, or either of them.
The said duties shall extend to and be charged upon all payments whatsoever
made or to be made to any person who shall have been superannuated or
shall have retired from any office or employment chargeable imder this Act,
in like manner and to the like extent as such payments would have been
chargeable if such person had continued to hold such office or employment,
except such offices or employments of profit as are expressly exempted
therefrom by this Act.
The said duties shall extend to all payments out of any contingent fund or
fee fund or incidents of any department of office, in like manner as to any
payment out of the public money, except as aforesaid.
The profits of every such office or employment hereby chargeable with the said
duty of one shilling upon the salaries, fees, and perquisites thereof, and the
profits of every such office or employment of profit hereby chargeable wifi
the said duty of sixpence upon the salary, fees, and wages thereof, shall
severally and respectively be computed, raised, levied, and paid nccnrding
to the annual valie at which such profits respectively stand valued and
rated in the last assessment to the said tax on offices and employments of
profit by such annual Act as aforesaid.
AU offices and employments of profit exceeding the value of one Imndmi
pounds per annum, and hereby charged with the said duty of one shilliiii;
for every twenty shillings thereof, shall also be further chargeable with the
said duty of sixpence for every twenty shillings thereof, according' to tli^
provisions of this Act respecting the said duty of sixpence j and all offiL*i
and employments of profit exceeding the said annual value, and Lercby
charged with the 'said duty of sixpence, shall also be further char^'able
with the said duty of one shilling according to the provisions of tbis Act
respecting the said duty of one shilling, and the charge or payment of either
of the said duties in respect of such office or employment of profit a,s last
aforesaid shall not be construed to exonerate any person from the cIiargL' or
payment of the other of them.
A.D. 180d.
^9 .George III. c. 42.
519
CHAPTER XLII.
An Act for better regulating the Publick Records of Scotland.
[12th May 1809.]
TTTHEREAS irregularities and inconYeniencies have arisen or may arise from
' " the unnecessary multiplicity of registers in Scotland in which deeds and
other writings may be competently recorded, either for execution or for pre-
servation : And whereas the laws heretofore devised for regulating the forma-
tion and custody of the public records, and more especially of those in the local
registries throughout Scotland, have not been found eflfectual ; and it is of high
importance that the whole of the public records within that part of the United
Kingdom should be placed under one general and effectual plan of manage-
ment and controul : And whereas by an Act of the Parliament of Scotland
passed on the thirteenth day of June in the year one thousand six himdred and
eighty-five, intituled " Act concerning the registration of writs in the books of Act 1685,
** session," it is inter alia statuted and ordained " that no derk of inferior court **P* ^^'
" for the future presume to registrate any writs in his books, either for con-
" servation or where execution is to pass against any party that dwells without
" the jurisdiction, under the pain of deprivation and of five hundred merks of
" penalty, the one half to his Majesty, and the other half to the party pursuer,"
which provisions of the aforesaid Act it has become necessary to renew, modify,
and enlarge : May it therefore please your Majesty that it may be enacted, and
be it enacted by the King's most excellent Majesty, by and with the advice and
consent of the lords spiritual and temporal, and commons, in this present Par-
liament assembled, and by the authority of the same, that from and after the Clerks of
expiration of six months after the passing of this Act, but with and under the ^tto ^rd
exceptions and reservations herein-after mentioned, it shall not be lawful for probative writu,
the clerks of royal burghs, or of burghs of regality or barony within Scotland, yirtue of
to receive any deeds or other writings for the purpose of being recorded by c'*'^ of
them in the books or registers of their respective courts, either in virtue of an
Act of the Parliament of Scotland passed on the thirtieth day of August in the
year one thousand six hundred and ninety-eight, intituled "Act concerning
" registration of probative writs," or in virtue of any clause contained in such
deeds and writings consenting that the same should be recorded either for pre-
servation thereof or for execution : Provided always, that this Act shall not except that
extend to or affect the right of the clerks of royal burghs to receive instruments ^^ of royal
- , , . Durgha may
of protest on bills of exchange, inland bills and promissory notes, and to record record protests
the same : Provided also, that this Act shall not extend to or affect the right ^romenu^
of the clerks of royal burghs to record in their books instruments of seisin and seisin, ke. of
other writs relative to heritable property holding in burgage and situated JSu^^t^in
within their respective burghs or liberties thereof in virtue of an Act of the Par- their burghs ;
Kament of Scotland passed on the sixth day of September in the year one
thousand six hundred and eighty-one, intituled " Act concerning the registration
" of seisins and reversions of tenements within burgh ": Provided also, that this ?^^^^ f®'^
. 1 ing exclusively
Act shall not extend to or affect the right of the clerks of royal burghs to to such tene-
wceive and record dispositions, tacks, and other deeds relating exclusively to "**"*■'
the property or possession of subjects holding in burgage and situated within '
such burghs or liberties thereof respectively, or any deeds or instruments where Si^^TAe
&U the parties to the same shall be burgesses or have a legal domicii within such parte an
520
49 George IIL c. 4^
AD.1809«
burgesses or
domiciled in-
■4
habitants.
•
Clerks of com-
1
missary courts
not to record
probative writs,
or deeds in
-virtue of
clauses of regis-
tration, or bills
of exchange,
&c.
Such records
and extracts
fit>m them to
be of no autho-
rity.
Penalties on
officers dis-
obeying.
burghs at' the time that such deeds or instruments shall be presented for
registration.
II. And be it further enacted, that from and after the erpiration of sii
months after the passing of this Act it shall not be lawful for the clerks of the
several commissary courts within Scotland to receive any deed or other writiog
for the purpose of being recorded by them in the books or registers of their
respective courts, either in virtue of the above-mentioned Act of the Parliament
of Scotland passed on the thirtieth day of August in the year one thousand six
hundred and ninety-eight, or in virtue of any clause contained in such deeds or
writings consenting that the same should be recorded either for preservation
thereof or for execution, or in virtue of an Act of the Parliament of Scotland
passed on the sixteenth day of September in the year one thousand six hundred
and eighty-one, intituled " Act concerning bills of exchange,^' or of any Acfcs
of the Pai*liament of Great Britain authorizing the registration of bills and
promissory notes for the purpose of summary execution.
III. And be it further enacted, that if after the date aforesaid any of the
clerks of royal burghs or burghs of regality or barony, or any of the clerks of
the commissary courts within Scotland, s}iall receive any of the above-mentioned
deeds or writings for the purposes of recording the same in their respective
books or registers, or shall transcribe the same into their books, or shall give
forth copies thereof, bearing to be extracts from their respective books or regis-
ters, excepting as above excepted, the aforesaid books, copies, and extracts shall
not make faith or be of any avail or authority whatever ; and the aforesaid
clerks or others so offending shall be liable in a penalty of five pounds for each
offence, which may be sued for and shall be recoverable to his own use, together
with the expences of process, by the sheriff clerk or stewart clerk of the shire
or stewartry within which such offence shall have been committed, on a sum-
mary complaint to the sheriff depute or stewart depute of such shire or stew-
artry ; and in default of such prosecution at the instance of the sheriff clerk
or stewart clerk within twelve months fix)m the date of the commission of
such offence, then such penalty shall and may be sued for and recovered,
together with the expences of process, by the lord clerk register on a sum-
mary complaint presented within three years after the date of such offence
to the lords of council and session, such penalty in the latter ciise being solely
applicable by the lord clerk register to the purposes of the establishment of
his Majesty's general register house.
Sheri£f clerks
to use for re-
gistration only
books marked
and issued by
lord clerk
register.
Penalties on
officers using
other registers.
YIII. And be it further enacted, that from and after the expiration of six
months after the passing of this Act it shall not be lawful for the sheriff clerks
or stewart clerks of the several shires and stewartries to use any books for
the registration of deeds or other writings, unless the same shall have been
previously marked at least on the first and last leaves thereof, and issued to
them by the lord clerk register or his deputies authorized to that effect, for
each of which books there shall not be charged more than the prime cost thereof,
together with a fee to the deputy keepers of records not exceeding five shillings
sterling ; and if any sheriff clerk or stewart clerk shall use any other books or
registers than such as shall have been previously marked as aforesaid and
issued to him by the lord derk register or his deputies he shall be liable in a
penalty of five pounds sterling for each offence, to be recoverable, together with
k
A.D. 1809.
49 George ILL c. 42.
521-
ihe expences of process, by the lord clerk register, on a summary complainb at
his instance to the lords of council and session (such penalty being in all cases
solely applicable by the lord clerk register to the purposes of the establishment
of bis Majesty's general register house), and shall further be bound and obliged
again to record the same deeds and other writings or books duly marked and
issued to him as aforesaid.
IX Akd be it further enacted, that from and after the expiration of six
months after the passing of this Act it shall not be lawful for the clerks of
royal burghs to use any books for the registration of instruments of seisin of
subjects holding in burgage, or for the deeds and other instruments which they
are hereby enabled to receive and to record, unless such books shall have been
previously marked and issued by the lord clerk register or his deputies in the
manner above directed, and under the penalty above provided in the case of
sheriff clerks or stewart clerks as aforesaid.
X And be it further enacted, that the sheriffs depute and Stewarts depute
of the several shires and stewartries, or their substitutes, shall at least once in
every year carefully examine into the progress and state of all the different
records framed and kept by the respective sheriff clerks and stewart clerks,
and shall prepare exact reports in writing, setting forth the result of their
examinations, and particularly specifying the state and situation of the build-
ings in which the records of their respective shires and stewartries are kept,
and how far the laws and regulations relative to the several records have been
fiiithfiJly and punctually executed and obeyed ; and the sheriffs depute of the
several shires of Edinburgh, Haddington, and Linlithgow, or their substitutes
respectively, shall in the month of November in every year present such
reports duly authenticated to the lords commissioners of justiciary at Edin-
burgh, and the sheriffs depute and Stewarts depute of the other shires and
stewartries, or their substitutes respectively, shall present their said reports
duly authenticated to the lords commissioners of justiciary at the circuit courts
that shall be holden within their respective bounds in the autumn of every
year; and the said lords comnaissioners of justiciary are hereby empowered
to make such orders thereon, or direct such further inquiries to be made as
may appear to them to be necessary, and direct their clerks to enter the same
in the minutes of the court, and thereafter to transmit the several reports,
with a oertiiied copy of the orders that may have been made by them thereon,
to the lord clerk register, at whose instance it shall be competent to present
to the lords of council and session summary complaints against any of the
sheriff clerks or stewart clerks, or their deputies, on account of any neglect or
malversation in the business of the several records committed to their care»
and for redressing and punishing the same according to law.
XI. And be it further enacted, that the chief magistrates of the said royal
burghs respectively shall at least once in every year carefully examine into
the progress and state of all the different records framed and kept by the
respective clerks of such royal burghs, and shall prepare exact reports in
writing in the manner above directed in the case of sheriff clerks and stewart
clerks ; and such chief magistrates shall in the month of November in every
year transmit such reports to the lords conmiissioners of justidary at Edinburgh,
who are hereby empowered to make orders and direct inquiries in the manner
above provided in the case of sheriff clerks and stewart clerks as aforesaid ;
Clerks of royal
burghs to lue
for regiiitration
only books
similarly
marked and
issued.
Penalties on
officers nning
other registers.
Sheriffs depute
annually to
examine the
state of record
offices, and
the progress
and state of
records kept
by sheriff
clerks, and to'
report thereon
to the court of
justiciary.
The court of
Justiciary to
difect inquiries
and make
orden thereon,
and transmit
the reports and
orders to the
lord clerk
register.
Kflgistntes of
royal burf^hs
annually to
examine the
progress and
state of re-
cords; and to
report thereon
to the court of
Justiciary,
which shall
proceed as
above directed.
522
49 George III. c 42.
A.D. 1809.
Registers by
law transmiS"
sible periodi-
cally to the
general raster
house, to be
delivered with«
m three months
after comple-
tion.
Penalties on
officers dis-
obeying.
For expeding
grants under
the great seal*
and the clerks of justiciary shall in like manner transmit such reports, with
a certified copy of such orders, to the lord derk register, at whose instaiioe
summary complaints may be made against clerks of royal bm'ghs in the
manner above directed in the case of sheriff clerks and stewart clerks as
-aforesaid.
XII. And whereas it is expedient that the transmission of the successive
volumes or books of the several public records from the offices in which they
are formed to his Majesty's general register house should be made with the least
possible delay : Be it enacted, that within six months after the passing of this
Act, the keepers of the several public records which are by law transmissible
to his Majesty's general register house shall deliver aU the volumes or books
of their respective records that are already completed, together with the minute
books and the warrants thereof, to the lord clerk register or his deputies ; and
that in all time coming thereafter the successive books or volumes of these
records shall in all cases be delivered to the lord clerk register or his deputies
within three months after the same have been severally completed and filled
up ; and if the keepers of these records shall refuse or neglect to make such
regular transmission of the successive books of their respective records, it shall
be competent for the lord clerk register to present a summary application to
the lords of council and session complaining of such refusal and neglect, by
whom wan:ants shall be granted for issuing letters of homing against such
keeper ot keepers, in order to enforce obedience to this Act, and by whom such
further pains and penalties may be inflicted by fine, not exceeding fifty pounds,
on such defaulters, as in the circumstances of the case shall seem just, to be
applied by the lord clerk register to the purposes of the establishment of his
Majesty's general register house.
XIII. And for remedying the inconveniencies that have arisen or may arise
from the unnecessary multiplicity of writings and records now in use, as the
successive warrants of charters and grants of lands and other heritable property,
which pass under the seal appointed by the treaty of union to be kept and
used in Scotland in place of the great seal thereof formerly used there, be it
enacted, that from and after the expiration of six months after the passing of
this Act, in expeding such charters and grants under the aforesaid seal, the
Latin precept under the signet shall be so framed as to be carried directly to
Chancery without its containing any order that a precept under the privy seal
shall be directed thereupon, and without such precept under the privy seal
being made out or recorded, and such Latin precept under the signet shall
from thenceforth be received by the director of his Majesty's Chancery in
Scotland and by the keeper of the great seal as the only legal and sufficient
warrants to them respectively for framing grants in terms of the same, and for
appending thereto the seal appointed by the treaty of union to be kept and
used in Scotland in place of the great seal thereof formerly used there.
XV. And whereas it is of great importance that the record of writs passing
under the great seal, and which is kept by the director of Chancery, should be
in all respects complete, authentic, and authoritative ; and that an Act of sederunt
touching that record was passed by the lords of council and session on the
eleventh day of February one thousand eight hundred and eight, to which it
is expedient to give the force and effect of a public law : Be it enacted, that
AJ). 1809;
49 .Geqrqi: hi. e. 4S. '.HK
M^a
the keeper of the .great seal or his tlopuUos, inst<>ai) of (loUvovluit ^^^^^ m«vi^)«mI \\\^\mH\ \\\ Ww^
charters or other writs to the persons by whwu thosH> Imvo Ih^ou oS|hm1o» h\u\\\ f^*'JJ^* *vllli\!l?!t
forthwith deliver the same, together with tho wai*nu\ta ihonntfi U\ tho «lihHMt^v mtmi^Uu^ m\s\
of Chancery or his deputy, by whom, after innkini* thd |m»|uu' iM\hioH »****"»^»'*'^*'^'
of the sealing in the record, tho writs shall Iw doUvoivd nmnootivoly lo {\\\\
persons by whom they shall havo boon oxpodo ; luul tho aion^>4ivM wuruvtiU
shall remain in the possession of tlie dii'ector of (^hauoory until tho hiuuo,
together with the register in which the i^olativo writn havo boon roodiiloil,
shall be transmitted to his Majesty's general rogiHtor hoiiNit.
XVL And be it enacted, that extracts of writs from th«» ri'^^iHi-pr nf iJio ^iiwil. I''«h»mHi iinMi
seal, of which the &ct and date of sealing shall havo boon <hily troniiliMl (niioh i.!.,ii in hi. jim
extracts being certified indue form by tho kooperH of tho Nahl rnoonUji hhiill '"*^'^"
make entire faith in all cases, excepting in cases of iniprohation.
CHAPTER Xa
Ah Act for providing Relief for the Wives and FamilioN of tho MililJa M<'fi In
Scotland when called into actual Service. 1 1 0th Jiiffo IHOO |
li/M£REAS an Act passed in the forty-third y<;ar r/f thi) niprfi ttf itU
^' present Majesty, intituled "An Act for provj/lifi^ rt^Uf fnr Uh' ftiMnlh -♦ ifiHf* < * "/
" of militia men in Scotland when ealh^^l int^; actual n^uy/ur** *, Aw\ wh' uhjt^
the said Act requiring to be Bmfm/l^l, it ih iex\ttAHmi iff t^*\f*'ii\ th'' ^itmf, m
order that the whole provisions for hucb ritVinf u$^y l^$ v/fm^tMtuUA Ui ofts-
Act: May it tho^ore please y^^r Maj^r^ty tJiai it utny \m*. t'ttH/'UA, mi*\ Sf li
macted by the King^s most excftlhut iisiyMy, by af;/i with ih/; H/i n*^ ku4
amsent of the lords sjiiritual aud hctstip^jml, mA iuntttwu.K, lu i;^'- j//'<^ot
bl^ and by tb«; as^thwty */f X\itt ^u^i., ihnK Mf»>'f th<; < /j^j/*. U'^^-^^^/**
tiOQ of two calendar monll.s aft^^ tL'; \fi3jr/.%// b';/<y,f, K\>h >'^..A ht.\ ^ '.>,.) h h*A a^^ ,j. ♦..* ^
ft t .»^ 0 f/, t^
the same is hereby repeal^ ' hTJ^^y^^Ai'ji ;/i -/y Vjoj a^ tK^; ^.At,\ $*\>^< «// t-
qpalificati<Hi and z.\\¥.'jj\zii^.:X 'A C-^'AJ \,*^*i*^;j6Jt:\t fv/ ♦',- v/v'/*-/ *A hi*/ ^' -y^^"
aod Sotheiiaikd. azii alv h\*>c'\,:yj \:. *•/&/*-- ;♦ 'j".<".^^ a r r,* * // h'r*. " ' -^ '
sdtme Sihall Lave ii*'jr*r ILs^l two Ji»fv# <:.' ,"%*, *.*, ♦--^ ♦, " ' '* »• * . •/
t.
t/j- ?' »V iLTi
prcpdneed Vj be
nxmtlifi, wlKT»fr*!r ibr «ij-. r-^r. v<
V,'
?riM*j/»-** ^
9
/^- -.
V. '/*
-<*
<*«
*' A '//
>- .-r* ■^"
'/
X.
the &BLrr -?f ^-r^ ■:>•- -. •',^:' - .-. r.^.". /'. ^-' * •
* ■ ■ ■
»y, ft AOL 1« .*: KlS^^i'^ ^.^ ; -r- «.? ,^ <; .', r
9*4*
. *
V
»*
m
>Cm
'J • / *
» » ' .• X
X' ^
jr ^-s'— /u
»^ ^-*.
** -*
/
r>; ^"s ■>'-*'
-##»^ / * ^' , *
4
/
524 49 George IIL c 90. A.D. 1809.
such non-commissioned officer, drummer, ballotted man, snbetitate, bired man,
or volunteer, whether he shall or shall not have any child or children, a anm
not exceeding the price of one day's such labour, nor less than one shilling.
Kate of rIIow- HI. And be it further enacted,' that it shall be lawful for the justices of tlie
fixed. peace of any county or stewartry in Scotland raising any inUitia, assembled in
quarter sessions, either upon the day on which the Michaelmas head court is
held or on the day on which the commissioners of supply meet to assess the
land tax, and they are hereby directed, to settle, ascertain, and regulate tlie
rate of allowance to be paid under this Act to the familirs of militia men
resident within such county, stewartry, division, or place ; and every such rata
of allowance so settled, ascertained, and regulated as aforesaid shall be binding
upon all justices of the peace making any order for the payment of allowance's
under this Act in such county, stewartry, division, or place, until another or
new rate of allowance shall be settled by them as aforesaid.
Pomer rate of IV, PEOvroED always, and be it enacted, that the rate of allowance settled
continue until a ^""^ ascertained by the justices of the peace of any county or stewartry umifr
new rote made, the said recited Act shall continue to bo the rate of allowance to bo paid lo
wives and families of militia men under this Act, until another or new rat«
shall be settled in manner hereby directed.
Allowance not ^' PROVIDED always, and be it further enacted, that no allowance Hhall bo
to be made ordered or paid under this Act to the wife or children of any person serving
man ihall have ^1 the militia, until such person shall have joined the reginitnt, batt:ilioii, or
joined his corps to which he belongs, or for any longer period than such pei-son shall
longer than be Continue to serve and remain embodied in actual 3er\-ice ; nor in any case in
*''ulii^""° '° ■which the wife in respect of or by whom any such relief is demanded sball
nor where the be in the same parish or place wherein the regiment, battalion, or corjH in
wife BhaU fol- -^hidj ^gr husband shall serve shall be for the time, or shall leave her child
low the corps
. or icBTe her or children (if any) or depart from her home or place of residence specified
derart fr™ '° ^^^ declaration herein-after mentioned, unless under certificate of any
hfc home, un- neighbouring justice of the peace, or the minister and one or more memljers
t^'tefor"^'^ of the kirk session of the parish in which such reUef shall be given, autlio-
ohtaining work, rizing such departure for a time specified therein, not exceeding ten week-i,
*'' for the purposes of harvest, or obtaining by work a better sujiport for her
family.
Nor to the VL PBOVIDED always, and be it further enacted, that from and after tin;
'^'rt'te'% passing of this Act no allowance under this Act shall be given or ordered tu
maiTjing while be given to the family of any substitute, hired man, or volunteer whu shall
vice wMo^iit i^""y *f**r and during die time of his being called out into actual servia',
the coDseDt of unless such marri^e shall have taken place with the consent of the colonel •>:
beofficer'^ho Commanding officer of the regiment, battalion, or corps to which such miUtiii
shall certify man shall belong, and such consent shall have been certified luider the hand of
8UC coneent. ^^^j^ coloncl Or Other commanding officer previous to such mairiage.
(^mmanding yji, ^hd be it enacted, that previous to the granting of any such certifi-
ascemin that cate such commanding officer shall satisfy himself that ever^- such substitute,
such men are liirgd man, or volunteer was not previously married ; and everv commandinL'
not previously _ ^ -n in i r
married, and lo officer granting such certificate shall keep or cause to be kept a reo-ister thereof
of^rtifi^es*"^ and of the marriage, in the manner appeariog from schedule (F.) hereunto
and ot'mor. annexed.
J
A.D. 1809* 49 George III. c. 90. ' 625
Vin. Pbovibed always, and be it further enacted, that no wife, child, or No family to
children of any militia man shall be entitled to any allowance under this Act ^, entiUed to
unless such militia man shall make and sign a declaration before the com- unless the hus^
manding oflScer of the regiment to which he belongs according to the schedule ^^ "^^ *
(A.) hereunto annexed, and unless such commanding officer shall certify that be certified' by
such a declaration has been made before him according to the form appearing J^® offic^aDd
from schedule (B.) hereunto annexed, and unless such commanding officer shall transmitted to
transmit such declaration and certificate to the clerk of supply of the county g^ppiyl^'' ^^
or stewartiy wherein such wife or children reside, which he is hereby required
to do. Declaration
li And be it enacted, that any such declaration and certificate shall ^l!!l!lf^*®
, *^ to remam m
remain in force for six months, and no longer. force only six
X. And be it further enacted, that upon such declaration and certificate ™^°* ** .
DeclarHtion
beiug transmitted to the clerk of supply of the county or stewartry where and certlficato
such wife or children reside, he shall enter the same in a register to be kept ^ ^ entered
of such declarations and certificates, in the manner appearing from schedule supply, and
(G.) hereunto annexed, and such clerk of supply shall transmit every such ^*'^s!^p%
declaration and certificate within six days after he shall have received the the parish
same to the minister of the parish wherein such wife or children reside ; and fo^-Jr reside
any clerk of supply receiving any such declaration and certificate, and failing Penalty for *
or neglecting to register and transmit the same in the manner herein directed, neglect,
shall forfeit and pay a sum not exceeding five pounds for each default, to be
recovered with expences or costs of suit, by a summary complaint to be made
to the sheriflT or stewart depute of the county or stewartry by any person or
persons, one half of which penalty to be applied to the use of his Majesty, his
heirs and successors, and the other half to be paid to the person or persons
suing for the same.
XI. And be it further enacted, that the minister upon receiving such deda- Minister and
ration and certificate shall lay the same before the kirk session, and the said ^^ session to
minister and kirk session shall enquire into the situation of the family, and if inability, and
upon such enquiry it shall appear that they are unable to maintain themselves, ^^^^^^ifi-
such minister and kirk session shall thereupon sign a certificate in the terms cate.
appearing from the schedule (C.) hereunto annexed, and shall transmit the
same to some commissioner of supply residing within the parish, or in the
event of no commissioner of supply residing within the parish to some heritor
possessed of land within the parish to the amount of at least fifty pounds
of valued rent, or some person occupying land within the parish and paying
tent of not less than fifty pounds sterling per annum ; and in cities or towns
corporate to one of the magistrates thereof; and if such commissioner or
heritor, or person or magistrate respectively shall be satisfied of such inability,
^ey as well as such minister and kirk session shall sign such certificate.
XII. Provided always, and be it enacted, that if upon such enquiry it shall If a smaller
appear that such wife or children may be enabled to maintain themselves with be° uMclen^^
a smaller allowance than the rate hereby directed to be paid to such wife or minister and
children, such minister and kirk session are hereby authorized to ascertain and g^|^ specif
specify the amount of such smaller allowance to be paid to such wife or ^^ amount,
children in such certificate as aforesaid ; and every smaller allowance so ascer-
^ined and specified shall be paid in the same manner as if the full allowance
authorized by this Act were to be paid to such wife or children.
526 49 Oeokoe III. c 90. ^D. 1809.
Certificate to XIII. AND be it iiirther enacted, tliat Buch certificate sliall remain- in force
be Tinned foj. tbree months and no longer ; and if at the expiration of auch period the
iQoutha. wife or children stall stiU be unable to support themselves, tbey shall i^;aiii
apply to the minister, who shall again lay their application before the kirk
session, and such minister and kirk session sliall again enquire into soch
inability, and if such inability shall appear to continue another certificate sli^
be granted according to the form and in the manner before directed, and so at
the end of every tbree months as often as any such application shall be made;
provided tbat a return shall not have been made in tbe manner herein-afier
directed of the death, desertion, removal, or, otherwise from the regiment of
any militia man in belialf of whose wife or children any such application sball
have been mada
On production XIV, And be it further enacted, that upon tbe pl-oduction of nuch certificate
of certificaie, ^^ ^ justice of the peace of the county or stewartry where such family residei,
make an order such justice shall, if he be satisfied therewith, make an order in the form
"*■ appearing from schedule (D.) hereunto annexed, for tbe payment of a weekly
allowance, according to the rate which shall have been settled by the jastices
of tbe county or stewartry aa aforesaid, for each and every child and tho wife
named in such certificate, or where a smaller allowance shall appear to liavp
been ascertained and shall be specified in such certificate, then for the jiayment
of such smaller allowance.
OrJcrto ramttin XV. Ahd be it further enacted, that every such order shall remain in force
thrwI^onaL for three months, and no longer.
CcirtificaiM on XVI. And be it further enacted, that every such certificate upon which any
which orders guch order shall have been made shaU forthwith be transmitted by the jiisticc
bi- iranfimiited of the peace making the same to the clerk of supply of the county, -stewartiy,
Y^k^***"i '^^^y' "^"^ pl*<^ "* which such families shall dwell, who shall record the same,
who shall ' and shall forthwith transmit copies of so many of such certificates a.s rela-te tti
'f"^r°°'''^ allowances to families of militia men serving for any other county, stewartry,
relate to city. Or place to the clerk of supply of such other county, stewartry, city, or
Bovine for"™ piacc, and shall also transmit the originals of all certificates transmitted to him
other counties, by a justice of the peace as aforesaid to the collector of the cess for his county
clwks of Bap- ^^ stewartry, city or place ; and any clerk of supply failing or neglecting for
ply of such the space of six days after the receipt of any such certificates to record and
and shall trans- transmit copies and the originals thereof in the manner herein directed sliail
micthe originals forfeit and pay a sum not exceeding five pounds for each n^lect, to be n-
of cess. covered with expences or coats of suit in the same manner that any penalty
I'tnaltj for against clerks of supply is herein directed to be recovered, one hjilf of wbicli
ncg ecL penalty to be applied to the use of his Majesty, his heirs and successors, and
the other half to be paid to the person or persons suing for the same.
Collector of XVTI. AND be it further enacted, that it sball be lawful for such collector
[hramom'of "^^ ^^^ '^^^f ""^^ ^^ ^^ hereby authorized and required, to remit or pay out of
the allowances guch public monies as may be in his hands to the treasurer of the kirk sessioii
treasurer. of cadi parish, and where there shall be no such treasurer, then to the minister
and Mrk session of such parish, at least once in every month, a s-um anfliciart
iicglecL "' to satisfy and pay tbe amount of the allowances specified in such certificates so
transmitted to such collector ; and any collector failing or neglecting to remit
such sum in the manner herein directed shall forfeit and pay a sum equal to
A.D. 1809.
49 George III. c. 90.
527
twice the amount thereof, to be recovered with expences or costs of suit by a
snmmary complaint to be made to the sheriff or stewart depute of the county
or stewartry by any person or persons, one half of which penalty shall be
paid to the kirk treasurer, or to the minister and kirk session where there is
no kirk treasurer, to make good the sum which ought to have been remitted
to him or them by such collector, and the other half to be paid to the pei'son
or persons suing for the same.
XVIIL And be it further enacted, that the treasurer of the kirk session or
minister and kirk session (as the case may be) to whom such sum shall be re-
mitted shall give a receipt for the same ; and such weekly allowances shall be
paid by the kirk treasurer or the minister and kirk session, upon production
of the order made by a justice of the peace as aforesaid, to the persons entitled
to receive the same, provided such persons are actually residing in the parish
where such allowances are demanded at the ^time, but not otherwise, unless
upon permission for a limited time, and upon a certificate thereof in the
mamier herein-b6fore directed, and receipts shall be taken from the persons to
whom such allowances shall be paid ; and the said kirk treasurer or minister
and kirk session shall transmit an account once in every month to the clerk
of the commis8ionei*s of supply, to be by him preserved and kept, shewing the
monies received and paid pursuant to this Act, in which the persons to whom
the same shall be paid shall be specially described by name, age, residence, and
as the wife or children of the militia man, declared and certified in the manner
herein directed ; and any treasurer of the kirk sessipn or minister and kirk
session to whom money shall have been remitted or paid as aforesaid (as the
case may be), who shall refuse or delay to pay such weekly allowances in the
manner herein directed, shall forfeit and pay a sum equal to twice the amount
of each sum so refused or delayed to be paid, or who shall fail or neglect to
transmit an account in the manner hereby directed, shall forfeit and pay a
sum not exceeding five pounds for each neglect, to be recovered in a summary
manner, with expences or costs of suit, upon complaint made to any justice of
the peace of the county or stewartry in which such treasurer, minister, and
kirk session reside, by the person or persons to whom the same ought to have
been paid, or by the clerk of supply to whom the same ought to have been
transmitted, one half of which penalty to be applied to the use of his Majesty,
his heirs and successors, and the other half to be paid to the person or persons
suing for the same.
XIX. And be it further enacted, that every clerk of supply receiving such
account shall within ten days after the receipt thereof send a copy of every
such account, certified by him to be a true copy, to the collector of the cess of
his county, stewartry, city, or place ; and where any of the allowances appearing
to have been paid by such account shall have been made to the family of any
militia man serving for any other county, stewartry, city, or place, a copy of
80 much of such account, certified as aforesaid, shall within t<5n days after the
receipt thereof be transmitted by the clerk of supply who shall have received
the same to the clerk of supply of every county, stewartry, city, or place for
which any such militia man shall be serving, who shall record the same ; and
any derk of supply failing or neglecting to transmit accounts in the manner
hereby directed shall forfeit and pay a sum not exceeding five pounds for each
default, to be recovered by any person suing for the same, with expences or
Treasurer of
kirk sessioD to
pay the parties
entitled upon
production of
the order from
the justice, and
to transmit an
account to clerk
of supply.
Penalty for
neglect.
Clerks of sap-
ply shall trans*
mit certified
copies of ac-
counts to col-
lectors of cess ;
and where
allowances
have been paid
to families of
men serving tor
other connties,
&c. shall trans-
mit copies of
accounts to the
clerks of supply
of such coun-
ties, &c.
Penalty for
neglect.
£28
49 George III. c. 9
A.D. 1809.
Annnal ac'
counts to be
Btated by coU
AcCODDtS to
be cxtuninfil
by tlcrka of
supply i
Whoahall
counts of al-
lowances paid
to familieN of
men Berringfor
other countits,
&c. to clerks of
nnpply of such
Tensity for
AccountK to
be staleil by
clerks of aup-
ply of each
connly, &c.
once a year
of annul paid
to families of
men serving (iw
anch connCy,
costs of suit, in the manner in which any other penalty is directed to ho
recovered by this Act.
XX. And be it enacted, that in the month of January in every year
accounts shall be stated by and between the collector of every county or atew-
artry with each kirk treasurer or minister and kirk session within his county
or stewwiry, shewing the amount of all moniea remitted or paid by such col-
lector to such kirk treasurers or ministers and kirk sessions respectively in
the year preceding the first day of the said month of January in which sucli
account is stated, and also shewing the allowances paid by such kirk treasurers
or ministers and kirk sessions for the year preceding snch first day of Januarj',
and such accounts shall be settled by such collector with such kirk treasureis
or ministers and kirk sessions respectively, who shall thereupon deliver up to
such collector the receipts taken for the payment of such allowances ; and any
collector of the cess failing or neglecting to settle or to get settled such accounts
in the mouth of January in every year as aforesaid shall not )>e allowed U>
take credit in his accounts with the receiver general for Scotland for any
monies remitted or paid by him under this Act.
XXI. And be it enacted, that every such account shall on or l^forc tlio
fifteenth day of February in every year be examined and compared with
the vouchers thereof by the clerk of supply of the county, stewartry, city, or
place in which the same shall be made up, and shall thereupon bo doo^uett^
and signed by him.
XXII. And be it enacted, that such clerk of supply shall make up from
such account accounts shewing the allowances paid in his county, stewartry,
city, or place to families residing therein of militia men serving for other
counties, stewartries, cities, or places respectively, and shall on or before tho
twenty-fifth day of February in every year ti-ansmit such accounts signed by
him to the clerks of supply of such counties, stewartries, cities, or places
respectively ; and any clerk of supply failing or oeglecting to make up and
transmit such accounts to the clerks of supplyof such counties, stewartries,
cities, or places shall forfeit and pay a sura not exceeding five pounds for each
offence, to be recovered and apphed in the same manner as any other penalty
may be recovered and applied under this Act.
XXIH. Akd be it further enacted, that in the monUi of March in evety
year an account shall be made up by the clerk of supply of every county,
stewartry, city, or place, stating the allowances paid previous to the first day
of January preceding to the families of any militia men serving for such
county, stewartry, city, or place, whether residing in such county, stcwartiy,
city, or place, or in any other county, stewartry, city, or place.
XXIV. And be it enacted, that such account may be examined by a com-
mittee of the commissioners of ^pply from time to time to be appointed by
them for that purpose, and shall be laid before the said commissioners of
supply at the next annual meeting at which they assemble to assess tlic land
tax, and at such meeting the said commissioners of supply shall make aa
a^essment equal to the amount of the allowances appearing from such account
to have been paid to the famUies of militia men serving for such county,
stewartry, city, or place in the following manner ; that is to aay, upon land
according to the valued rent of the same, and upon houses according to tlie
rent or yearly value set on such houaea by the latest assesBment of the house
J
A.D. 1809.
49 Geoboe III. c. 90.
620
tax, and in ihe following proportions ; videlicet, for every such assessment to
the amount of one shilling sterling upon one hundred pounds scots of valued
rent, an assessment shall be laid upon the rent or yearly value of houses so
ascertained at the rate of 6ne penny sterling in the pound of such rent or
yearly value, and so in proportion for any greater or less simL
XXV. Pkoveded always, and be it enacted, that no such assessment shall
be laid upon any house which shall not be rated for the house tax.
XXVI. Provided also, and be it enacted, that no person or persons shall be
assessed in respect of his, her, or their house or houses, and also in respect of
his, her, or their lands in the same county or stewartry, but it shall bo in the
power of the said commissioners to lay such assessment upon such person or
persons either in respect of such house or houses or of such lands, as to such
oommissioners shall seem calculated to produce the highest assessment.
XXVII. Pbovided also, and be it enacted, that for all sums so assessed u{K)n
land the proprietor shall have relief against the tenant or occupier thereof for
one half of such assessment, and every such assessment upon houses shall
be paid by the occupier or occupiers thereof, who shall be entitled to deduct
ftom his, her, or their rent one half of every such assessment so paid by such
oocnpier or occupiers.
XXVIII. Akd be it further enacted, that at the time every such assessment
is made an acooimt in the form in the schedule (£.) hereunto annexed shall
be stated, shewing the gross amoimt of the sums for which it is made ; and
also the rate at which it is to be levied upon the valued rent of land and upon
the rents of houses, in the manner directed by this Act, which account shall
be signed by the derk of supply and by the praeses of the meeting of the
commissioiiers of supply at which such assessment is made, and the same shall
be transmitted to the collector of the cess as his authority for levying such
assessment ; and such account so authenticated shall, if required, be shewn by
such collector to every person paying his proportion of such assessment
^"^Ty And be it further enacted, that in case any conmiissioners of supply
shall omit, n^lect, or refuse to make any such assessment according to the
directions of this Act, then the clerk of supply of such county, stewartry,
tity, or place shall and be is hereby required within fourteen days after the
meeting at which such assessment ought to have been made to certify to his
Majesty's attorney in Exchequer in Scotland such neglect, omission, or refusal
of sudi conmiissioners, and the names of such comnussi0ner8 who shall be
present at such meeting; and his Majesty's attorney in Exchequer is hereby
lequired on receipt of such certificate forthwith to proceed by all such legal
loeans as shall be most effectual and expeditious to compel sucb crmwussionerH
to pay due obedience to this Act, and to cause such assessment to be ma/k,
and the money raised, collected, and paid.
XXX. Provided always, and be it enacted, that in the cities of Edinburgh
and (Sasgow the magistrates thereof shall and they are hereby Buihfjrize^l to
l^vy firom the heritors, burgesses, and inhabitanti^ of such dty their profx/r-
tion of the assessment to be made pnrauant Up tliis Act to mbms the surn
i^^cessary to afford the relief hereby firovifled to the families r/f the militia
^^nuig for the said cities, in such manmrr ami in tlie same [iropr^rtions bh iiu^
c^ stent and other pablic burdens and contributions are in um? by law Up \t(i
^tteased and levied in the said dtie^
VOL. nr. h L
Hooscfl not
raU^ to honKO
tax Mxomptod.
No penon to
bo aitfiOMtefl for
both hottnos
and land.
One half of
anKCHHrnent to.
be paid by
t«naotH.
Account of
rate to f w
made up;
and ffhewn,
if required,
topenkMW
aascMMM*
Mocle (4 ctrtn"
petling afffeM»-
meot and eoi*
leetlon of rate*
m*rf$u AmH hit
518 49 Qeorqe III e. 32. A.D. 1809.
In every case where the charge or charges of one shilUng and of sixpence
respectively, or of either of them, on any salary, stipend, or other payment
aforesaid, ahall have been directed to be repaid or reimbursed to the party
charged with the said duty of one shilling and sixpence respectively out of
the public revenue, or out of the contingent or fee fund or incidents of any
department of office by like order of his Majesty in council, or by any war-
rant under the royal sign manual, or by order of the commissioners of hi*
Majesty's Treasuiy.
Provided always, that the authority for the payment net or without deduction
of any salary, stipend, or other payment aforesaid, and the authority for the
repayment out of the public revenue, or out of the contingent or fee fnnii
or incidents of any department of office, of any charge made on any salary,
stipend, or other payment aforesaid, shall be respectively certified by some
principal officer in the department to which such office or employment t)c-
longs, or such payment is made, to be so paid net or without deductiun, or
to be repaid out of the said revenue.
Kxnjis for charging the said several and respective Duties contained in Na L
and II. or either of them.
The said duties shall extend to and be charged upon all payments whatsoever
made or to be made to any person who shall have been superannuated or
shall have retired from any office or employment chaigeable under tliis Act,
in like manner and to the like extent as such payments would have been
chargeable if such person had continued to hold such office or eDi])loynient,
except such offices or employments of profit as are expressly exempted
thereirom by this Act.
The said duties shall extend to all payments out of any contingent fund or
fee fund or incidents of any department of office, in like manner a.'^ to any
payment out of the public money, except as aforesaid.
The prefitfi of every such office or employment hereby chargeable with the said
duty of one shilling upon the salaries, fees, and perquisites thereof, and the
profits of every such office or employment of profit hereby chargeable with
the said duty of sixpence upon the salary, fees, and wi^es thereof, shall
severally and respectively be computed, raised, levied, and paid according
to the annual valiie at which such profits respectively stand valued and
rated in the last assessment to the said tax on offices and emploj'mente of
profit by such annual Act as aforesaid.
All offices and employments of profit exceeding the value of one hundred
pounds per annum, and hereby charged with the said duty of one shilling
for every twenty shillings thereof, shall also be further chargeable with tba
said duty of sixpence for every twenty shillings thereof, according to the
provisions of this Act respecting the said duty of sixpence ; and all offices
and employments of profit exceeding the said annual value, and hereby
charged with the ;said duty of sixpence, shall also be further chargeaUe
with the said duty of one shilling according to the provisions of this Act
respecting the said duty of one shilling, and the charge or payment of either
of the said duties in respect of sudi office or employment of profit as last
aforesaid shall not be construed to exonerate any person from tlie chai^fe or
payment of the other of them.
A.D. 180d.
1^9 jQsoRGE III. a 42.
519
CHAPTER XLII.
Ak Act for better regulating the Publick Becords of Scotland
[12th May 1809.]
TTTHEREAS irregularities and inconvenienciea have arisen or may arise from
' ' the xmnecessaiy multiplicity of registers in Scotland in which deeds and
other writings may be competently recorded, either for execution or for pre-
servation : And whereas the laws heretofore devised for regulating the forma-
tion and custody of the public records, and more especially of those in the local
registries throughout Scotland, have not been found eflTectual ; and it is of high
importance that the whole of the public records within that part of the United
Kingdom should be placed under one general and effectual plan of manage-
ment and controul : And whereas by an Act of the Parliament of Scotland
passed on the thirteenth day of June in the year one thousand six himdred and
eighty-five, intituled " Act concerning the registration of writs in the books of Act 1685,
" session,'* it is inter alia statuted and ordained " that no clerk of inferior court ^P' ^'
" for the future presume to registrate any writs in his books, either for con-
" servation or where execution is to pass against any party that dwells without
" the jurisdiction, under the pain of deprivation and of five hundred merks of
" penalty, the one half to his Majesty, and the other half to the party pursuer,"
which provisions of the aforesaid Act it has become necessary to renew, modify,
and enlai^e : May it therefore please your Majesty that it may be enacted, and
be it enacted by the King's most excellent Majesty, by and with the advice and
consent of the lords spiritual and temporal, and commons, in this present Par-
liament assembled, and by the authority of the same, that from and after the Clerks of
expiration of six months after the passing of this Act, but with and imder the j^^ S^rd
exceptions and reservations herein-after mentioned, it shall not be lawful for probative writs,
the derks of royal burghs, or of burghs of regality or barony within Scotland, yirtue of
to receive any deeds or other writings for the purpose of being recorded by ^^^^ ^f
them in the books or registers of their respective courts, either in virtue of an
Act of the Parliament of Scotland passed on the thirtieth day of August in the
year one thousand six hundred and ninety-eight, intituled " Act concerning
" registration of probative writs," or in virtue of any clause contained in such
deeds and writings consenting that the same should be recorded either for pre-
servation thereof or for execution : Provided always, that this Act shall not except that
extend to or afiect the right of the clerks of royal burghs to receive instruments ^^^^ °^ ^^^
" , . Durghs may
of protest on bills of exchange, inland bills and promissory notes, and to record record protests
the same : Provided also, that this Act shall not extend to or affect the right ?PJi^l!' f*^,
' , , , , . ^ uwtnimeiits of
of the derks of royal burghs to record in their books instruments of seisin and seisin, &c. of
other writs relative to heritable property holding in burgage and situated Jit^^^^^ln
within their respective burghs or liberties thereof in virtue of an Act of the Par- their burghs ;
liament of Scotland passed on the sixth day of September in the year one
thousand six hundred and eighty-one, intituled " Act concerning the registration
" of seisins and reversions of tenements within burgh ": Provided also, that this P^^^^ f^^^t-
. . ing exclusively
Act shall not extend to or affect the right of the clerks of royal buighs to to such tene-
receive and record dispositions, tacks, and other deeds relating exclusively to ™®"**'
the property or possession of subjects holding in burgage and situated within '
such burghs or liberties thereof respectively, or any deeds or instruments where ^^^i^^h*
all the parties to the same shall be burgesses or have a legal domicil within such parties are
520
49 Geokgb IIL C.42,
AJI.IS09.
burgeaseB or
itomiciled id-
IiabitanU.
Clerks of com
mitBiiry courle
not to record
probntive writi
■virtue of
Penalties on
officers dis-
dbejmg.
burghs at- the time that sach deeds or instruments shall be presented for
registration.
II, And he it further enacted, that from and after the expiration of b\x
months after the passing of this Act it shall not be lawful for the clerks of the
, several conunissary courts within Scotland to receive any deed or other writing
for the purpose of being recorded by them in the books or regist«rB of their
■ respective courts, either in virtue of the above-mentioned Act of the Parliament
of Scotland passed on the thirtieth day of August in the year one thonsand aii
hundred and ninety-eight, or in virtue of any clause contained in such deeds w
writings consenting that the same should be recorded either for preservation
thereof or for execution, or in virtue of an Act of the Parliament of Scotland
passed on the sixteenth day of September in the year one thousand six hundred
and eighty-one, intituled " Act concerning bills of exchange," or of any Acts
of the Parliament of Great Britain authorizing the registration of bilk Mid
promissory notes for the purpose of summary execution.
III. And be it further enacted, that if after the date aforesaid any of the
clerks of royal burghs or burghs of regality or barony, or any of the clerks of
the commissary courts within Scotland, sjiall receive any of the above-mentioned
deeds or writings for the purposes of recording tiie same in their respective
books or registers, or shall transcribe the same into their books, or shall give
forth copies thereof, bearing to be extracts from their respective books or regis-
ters, excepting as above excepted, the aforesaid books, copies, and extracts shall
not make faith or be of any avail or authority whatever ; and the aforesaid
clerks or others so offending shall be liable in a penalty of five pounds for escli
offence, which may be sued for and shall be recoverable to his own use, together
with the expences of process, by the sheriff clerk or stewart clerk of the shire
or stewartry within which such offence shall have been committed, on a sum-
jnary complaint to the sheriff depute or stewart depute of such shire or stew-
artry ; and in default of such prosecution at the instance of the sheriff clerk
or Stewart clerk within twelve months from the date of the commission of
such offence, then such penalty shall and may be sued for and recovered,
together with the expences of process, by the lord clerk register on a sum-
mary complaint presented within three years after the date of sucii offeDce
to the lords of council and session, such penalty in the latter case being solely
applicable by the lord clerk register to the purposes of the establishment of
his Majesty's general register house.
Sheriff clerkfl VIII. And be it further enacted, that from and after the expiration of sii
months after the passing of this Act it shall not be lawful for the sheriff cleik-^
or stewart clerks of the several shires and stewartries to use any books for
the registration of deeds or other writings, unless the same shall have been
previously marked at least on the first and last leaves thereof, and issued ta
them by the lord clerk register or his deputies authorized to that, effect, for
each of which books there shall not be charged more than the prime cost thcieof,
together with a fee to the deputy keepers of records not exceeding five shillings
sterling ; and if any sheriff derk or stewart clerk shall use any othf r books; or
registers than such as shall have been previously marked as aforesaid ana
lalties on issued to him by the lord clerk register or his deputies he shall be liable in a
jr n^ten. penalty of five pounds sterling for each offence, to be recoverable, together with
giGtration only
nod isHued bf
lord clerk
tegister.
A.D. 1809. 49 Geobge IIL a 42. 52L
the expenoes of process^ by the lord clerk register, on a summary complainb at
his instance to the lords of council and session (such penalty being in all cases
solely applicable by the lord clerk register to the purposes of the establishment
of his Majesty's general register house), and shall further be bound and obliged
again to record the same deeds and other writings or books duly marked and
issued to him as aforesaid.
EL And be it further enacted, that firom and after the expiration of six Clerks of rojal
months after the passing of this Act it shall not be lawful for the clerks of fo"r^giRtn!tioa
royal burghs to use any books for the registration of instruments of seisin of only books
subjects holding in burgage, or for the deeds and other instruments which they p^J^^and
are hereby enabled to receive and to record, unless such books shall have been issued,
previously marked and issued by the lord clerk register or his deputies in the P««»»lt»«» on
manner above directed, and under the penalty above provided in the case of other registen.
sheriff clerks or stewart clerks as aforesaid.
X. Akb be it further enacted, that the sheriffs depute and Stewarts depute SherifFs depute
of the several shires and stewartries, or their substitutes, shall at least once in JJ^nJ JJe
every year carefully examine into the progress and state of all the different state of record
records framed and kept by the respective sheriff clerks and stewart clerks, the^ogTe»«
and shall prepare exact reports in writing, setting forth the result of their and state of
examinations, and particularly specifying the state and situation of the build- by Rheriff^^
ings in which the records of their respective shires and stewartries are kept, clerks, and to'
and how far the laws and regulations relative to the several records have been to the court of
£uthfully and punctually executed and obeyed ; and the sheriffs depute of the Justiciary,
several shires of Edinburgh, Haddington, and Linlithgow, or their substitutes
respectively, shall in the month of November in every year present such
reports duly authenticated to the lords commissioners of justiciary at Edin-
burgh, and the sheriffs depute and Stewarts depute of the other shires and
stewartries, or their substitutes respectively, shall present their said reports
duly authenticated to the lords commissioners of justiciary at the circuit courts
that shall be holden within their respective bounds in the autumn of every
year ; and the said lords commissioners of justiciary are hereby empowered The court of
to make such orders thereon, or direct such further inquiries to be made as l"*^ciary to
. , direct luqutnes
may appear to them to be necessary, and direct their clerks to enter the same and make
in the minutes of the court, and thereafter to transmit the several reports, ^n^SwHraU "'
with a certified copy of the orders that may have been made by them thereon, tbereportitand
to the lord derk register, at whose instance it shall be competent to present i^l^]^^
to the lords of council and session summary complaints against any of the regiiiter.
sheriff clerks or stewart clerks, or their deputies, on account of any neglect or
malversation in the business of the several records committed to their care*
and for redressing and pimisbing the same according to law.
XL And be it further enacted, that the chief magistrates of the said royal Magi»trat«?« of
burghs respectively shall at least once in every year carefully examine into Usually to
the progress and state of all the different records framed and kept by the «**°»»n« th®
respective clerks of such royal burghs, and shall prepare exact reports in •tateofre-
writing in the manner above directed in the case of sheriff clerks and stewart ^"** • f"** ^
clerks ; and such chief magistrates shall in the month of November in every to the oouk of
year transmit such reports to the lords commissioners of justiciary at Edinburgh, ^^h-*?!*'21lii
who are hereby empowered to make orders and direct inquiries in the manner proceed as
above provided in the case of sheriff clerks and stewart clerks as aforesaid ; ^^''''^^^^
\
?^'
522
49 Qeobqe III. c. 42.
A.D. 1809.
r
Begisters by
law transmis-
sible periodi-
cally to the
general register
house, to be
delivered with-
in three months
after comple-
tioiL
Penalties on
officers dis-
obeying.
For cxpeding
grants under
3ie great seal*
and the clerks of justiciary shall in like manner transmit such reports, with
a certified copy of such orders, to the lord clerk register, at whose instanoe
summary complaints may be made against clerks of royal bui-ghs in the
manner above directed in the case of sheriff clerks and stewart clerks as
-aforesaid.
XII. And whereas it is expedient that the transmission of the successive
volumes or books of the several public records from the offices in which they
are formed to his Majesty's general register house should be made with the least
possible delay : Be it enacted, that within six months after the passing of this
Act, the keepers of the several public records which are by law transmissible
to his Majesty's general register house shall deliver all the volumes or books
of their respective records that are already completed, together with the minute
books and the warrants thereof, to the lord clerk register or his deputies ; and
that in all time coming thereafter the successive books or volumes of these
records shall in all cases be delivered to the lord clerk register or his deputies
within three months after the same have been severally completed and filled
up ; and if the keepers of these records shall refuse or neglect to make such
regular transmission of the successive books of their respective records, it shall
be competent for the lord derk register to present a summary application to
the lords of council and session complaining of such refusal and neglect, by
whom warrants shall be granted for issuing letters of homing against such
keeper ol* keepers, in order to enforce obedience to this Act, and by whom such
further pains and penalties may be inflicted by fine, not exceeding fifty pounds,
on such defaulters, as in the circumstances of the case shall seem just, to be
applied by the lord clerk register to the purposes of the establishment of his
Majesty's general register house.
XIII. And for remedying the inconveniencies that have arisen or may arise
from the unnecessary multiplicity of writings and records now in use, as the
successive warrants of charters and grants of lands and other heritable property,
which pass under the seal appointed by the treaty of union to be kept and
used in Scotland in place of the great seal thereof formerly used there, be it
enacted, that from and after the expiration of six months after the passing of
this Act, in expeding such charters and grants under the aforesaid seal, the
Latin precept under the signet shall be so fi'amed as to be carried directly to
Chancery without its containing any order that a precept under the privy seal
shall be directed thereupon, and without such precept under the privy seal
being made out or recorded, and such Latin precept under the signet shall
from thenceforth be received by the director of his Majesty's Chancery in
Scotland and by the keeper of the great seal as the only legal and sufficient
warrants to them respectively for fi:tLming grants in terms of tilie same, and for
appending thereto the seal appointed by the treaty of union to be kept and
used in Scotland in place of the great seal thereof formerly used there.
XV. And whereas it is of great importance that the record of writs passing
under the great seal, and which is kept by the director of Chancery, should be
in all respects complete, authentic, and authoritative ; and that an Act of sederunt
touching that record was passed by the lords of council and session on the
eleventh day of February one thousand eight hundred and eight, to which it
is expedient to give the force and efiect of a public law : Be it enacted, that
AJ). 1809i
49 .GEQRQfE III. c. 42, 90.
523
the keeper of the ^eat seal or his deputies, instead of delivering the sesded
diariers or other writs to the persons by whom these have been expede, shall
forthwith deliver the same, together with the warrants thereof, to the director
of Chancery or his deputy, by whom, after making the proper entries
of the sealing in the record, the writs shall be delivered respectively to the
persons by whom they shall have been expede ; and the aforesaid warrants
shall remain in the possession of the director of Chancery imtil the same,
together with the register in which the relative writs have been recorded,
shall be transmitted to his Majesty's general register house.
XVL And be it enacted, that extracts pf writs from the register of the great
seal, of which the fieict and date of sealing shall have been duly recorded (such
extracts being certified in due form by the keepers of the said records), shall
make entire faith in all cases, excepting in cases of improbation.
Register of the
great seal, how
to he rendered
complete and
authoritative.
Extracts from
register of great
wal to he pro-
bative.
CHAPTER XC.
An Act for providing Relief for the Wives and Families of the Militia Men in
Scotland when called into actual Service. [10th June 1809.]
lA/ MERE AS an Act passed in the forty-third year of the reign of his
' ' present Majesty, intituled " An Act for providing relief for the families
" of militia men in Scotland when called into actual service " : And whereas
the said Act requiring to be amended, it is expedient to repeal the same, in
order that the whole provisions for such relief may be consolidated in one
Act: May it therefore please your Majesty that it may be enacted, and be it
enacted by the King's most excellent Majesty, by and with the advice and
eoDsent of the lords spiritual and temporal, and commons, in this present
Parliament assembled, and by the authority of the same, that after the expira*
tion of two calendar months after the passing hereof, the said Act shall be ^d
the same is hereby repealed (excepting in so far as the same relates to the
qualification and appointment of deputy lieutenants for the counties of Bute
and Sutherland, and also excepting in so far as it prevents a substitute from
being received for any ballotted man in the mUitia of Scotland, which sub-
stitute shall have more than two lawful children at the time he shall be
produced to be enrolled) ; and from and after the expiration of such two
months, wherever the said recited Act shall have been referred to in any Act
or Acts of Parliament, this Act shall be deemed and taken to be the Act so
referred to in the same manner as if this Act had been therein referred to.
IL And be it enacted, that if any person serving or enrolled in the militia
of Scotland as a non-commissioned officer or drummer, or as a ballotted man
or substitute, hired man, or volunteer respectively shall, when embodied and
called out into actual service, leave a family unable to support themselves,
the family of every such non-commissioned officer, drummer, ballotted man,
subdtitute, hired man, or volunteer respectively shall receive in the manner
herein-after directed a weekly allowance by the following rule ; that is to
say, a sum not exceeding the usual and ordinary price of one day's labour in
husbandry within the county, stewartry, division, district, jiarish, or place
where such family shall dwell, nor less than one shilling, for each and every
<^ bom in wedlock and under the age of ten years ; and for the wife of
43 Qeo, 3. c. 89.
Becited Act
repealed, ex-
cept 8o for aA
it relates to the
qualification
and appoint-
ment of depoty
lieatenanU for
Bute and
Sutherland, a/id
except 8o fiir an
it prerentM Kub-
iititutes from
being receiTe<l
who have mgre
than two
children.
Familien of
militia men in
Scotland called
out into actual
senrice and
unable to nop*
port their
ftmilie* to re-
ceive a weekly
aUowaace,
524 49 George IIL c 90. A.D. 1809.
such non-commiaaioned officer, drummer, ballotted man, mibstitute, Mred man,
or volunteer, whether he shall or shall not have any child or children, a sum
not exceeding the price of one day's such labour, nor less tlian one shilling.
Bats of alknr- m. Ajjd be it further enacted,' that it shall be lawful for the justices of the
fixed, peace of any county or stewartry in Scotland raising any militia, assembled in
quarter sessions, either upon the day on which the Michaelmas head court is
held or on the day on which the commissioners of supply meet to assess the
land tax, and they are hereby directed, to settle, ascertain, and regulate tte
rate of allowance to be paid under this Act to the families of militia men
resident within such county, stewartry, division, or place ; and every such mte
of allowance so settled, ascertained, and regulated as aforesaid shall be bmdinj;
upon all justices of the peace making any order for the payment of aUowancca
under this Act in such county, stewartry, division, or place, until another or
new rate of allowance shall be settled by them as aforesaid.
Former rate of lY, PROVIDED always, and be it enacted, that the rate of allowance seltlcil
g and ascertained by the justices of the peace of any county or stewartry under
e made, the said recited Act shall continue to be the rate of allowance to be paiil to
wives and families of militia men under this Act, until another or new rate
shall be settled in manner hereby directed.
Allowance not ^- PROVIDED always, and be it fmHiier enacted, that no allowance shall be
to bo made ordered or paid under this Act to the wife or children of any pei-son serving,'
man Bhall have '"1 the militia, until such person shall have joined the regiment, battalinn, or
joined his corps to which he belongs, or for any longer period than such pei-aon sliali
lonjfi than be continue to serve and remain embodied in actual service ; nor in any caso in
shall remain in -^phich the wife in respect of or by whom any such relief is demanded aiiall
actual service; , . , . , , . , .
nor where the be in the same parish or place wherein the regiment, battalion, or corps in
vife ahall foU -^IqcIi hgr husband shall serve shall be for the time, or shall Iea\ e her child
low the cocpB
, or leaye her or children (if any) or depart from her home or place of residence specified
depan&om ^^ ^^^ declaration herein-after mentioned, unless under certifiaite of any
her home, un- neighbouring justice of the peace, or the minister and one or more inenibere
tXatefor"^' ^^ *^® ^"^^ session of the parish in which such relief shall be given, autho-
obtaining work, rizing such departure for a time specified therein, not exceeding ten weeks,
** for the purposes of harvest, or obtaining by work a better fjujtport for her
family.
Nor to tho VL Provided always, and be it further enacted, that from and after the
^m *»'"&' passing of this Act no allowance under this Act shall be given or ordered tn
marryiug while be given to the family of any substitute, hired man, or volunteer who siiall
vice^iritho'ut' ^"i^Ty after and during the time of his being called out into actual service,
the consent of unless Euch marriage shall have taken place with the consent of the colonel nr
ingoffice^ha commanding officer of the regiment, battalion, or corps to which such mihtia
shall certify man shall belong, and such consent shall have been certified under the hand of
coneen . gm,|^ colonel Or other commanding officer previous to snch marriage.
I Commanding yu ^j,D be it enacted, that previous to the granting of any such certifi-
[. - ascertain that cate such commanding officer shall satisfy himself that every euch substitute,
I ^"f^ ""^P "f hired man, or volunteer was not previously married ; and every comuiandiog
f. married, and to officer granting such certificate shall keep or cause to be kept a register thereof
C ofceMifi^tts" "^^ '^^ ^^^ marri^e, in the manner appearing from schedule (F.) hereunto
r and of mat- annexed.
' riages.
JLD. 1809^
49 George III. c. 90.
fi25
VIIL Provided always, and be it fm-ther enacted, that no wife, child, or
children of any militia man shall be entitled to any allowance under thin Act
unless such militia man shall make and sign a declaration before tlio com-
manding officer of the regiment to which he belongs according to the schedulo
(A.) hereunto annexed, and unless such commanding officer »hall certify that
such a declaration has been made before him according to th« form appearing
from schedule (B.) hereunto annexed, and unless such commanding officcT shall
transmit such declaration and certificate to the clerk of supply of tho county
or stewartiy wherein such wife or children reside, which he is hereby requirc^d
to do.
IX. And be it enacted, that any such declaration and certificate shall
remain in force for six months, and no longer.
X. And be it further enacted, that upon such declaration and ci^rtificato
being transmitted to the clerk of supply of the county or stewartiy where
such wife or children reside, he shall enter the same in a register to be kept
of such declarations and certificates, in the manner aj)pearing from schedule
(G.) hereunto annexed, and such clerk of supply shall transmit every such
declaration and certificate within six days after he sliall liave receiv(;d tlie
same to the minister of the parish wherein such wife or children resido ; and
any clerk of supply receiving any such declaration and certificate, and failing
or neglecting to register and transmit the same in the manner herein direct^id,
shall forfeit and pay a sum not exceeding five pounds for each default, to hi
recovered with expences or costs of suit, by a summary cc^mplaint to }h9 mfuh>
to the sheriflT or stewart depute of the county or stewartry by any lyermm or
persons, one half of which penalty to be applied to the use of his MajcHty, hin
heirs and successors, and the other half to be paid to the ]K;nk>n or iftmonn
suing for the same.
XL And be it farther enacted, that the minister upon receiving mich ^l^^la-
ntion and certificate shall lay the same before the kirk n(^ffn, and the said
minister and kirk session shall enquire inUy the situation of tin; fiimily, and if
upon such enquiry it shall appear that they are unable to maintain ihtnum^yim,
such minister and kirk session shall tbereufion sign a cariiiicsiie in the teniM
appearing from the schedule ^C.j hereunto annexed, and sliall transmit th/;
same to some eommissioner of supply residing witliin the fiarinh^ or in tho
event <^no commissioner of supply residing witliin the [janAh Uf n^nnn ht^riUfr
possessed of land within the parish to the anunint ^d at leaAt fifty \tfmw\n
of ▼alned rent, or some person oeeapying land witliin the itArihU »tA \ffi^y\u'ft,
rent dt not less than fifty poun/Js sterling per annum ; and in dti^^ iff i^f^UH
eorpoimte to one of the magLnnit/;:s tli^;reof ; an/1 if >jtu:\i tf/futmmifjtt^ *ff
hezitor, or penon or magL»trat^ res^j^ciively '4iaII 1/^ ^mtUfUA <yf vi/;h h^\n\\ty,
they as well as $ocfa minister and kirk «)e«»i/>ri ^liall fti;(n *.'if:U e^rrt»fkal^'.
XIL Feovided always, an^-I be it «^nact^, tliat if oj^yn vwh t^tt^u'trj it %h'^A
Mf^foa that soch wife or cLil'ir»:n iriay 1^ *iTtsA,\*'A to umshmu tf»^/#;i^Jv'^ wif^#
s smaEer aIIowancf=r Uj^n th*: nx^, h^s^zhy f\.r*!Pf<uA t// 1^^ pai/J f// <'>^'^ w></j //r
duUren, «acb iiiii.^CrT ai>i kirk ^f^^su ar«; \^<tHXrj i^i\:.r,riz^i to A*^ij^rna#fi ^f/l
Fr tile azLcMsu cf tri'ik hT:^.r:r a»Iv9r*r^;^ t//» I*? p*^l to ^*^j* wih ^/r
in sath ^Tdrtsv^, &i af /r-r*Aii ; a/^i ^*frj ^uA^.^-r %,/r»f%tt^ V/ *A^,if-
uined acii w^frfirjrA *LaII r>: jaI.-; Ir. t;j> *aaU'. uja.r^-.r a« >f u^-. f ^.» a*^'/*v*;i/A
No family to
b<« oiuitltHl to
«li0WlllltH«
titiloi*H th<i him*
biiml timko n
drolartttlon, (o
b« c(«rtincHl by
(tu« CMinnmiHi-
iiiK ofllrrr mtd
tnuiMiiiilltMl to
th« clrrk of
mipply.
I)4*flliirnllon
luid (•t«t'liflriilo
to rciniilti ill
forc<< only nU
ItlOtlthM.
I)oolArittloii
ntiil m<rtlfl(tiito
to \w i*iit4«n><l
by <'I<Tk of
MUpply, Httfl
tninfitiiitt4Nl U\
thu mbiUtiT of
tho (wriiib
wb«'f<« thv
fiiiiiily rfuM^'f
I'ltialty (iff
Mgltct*
kirfi M'wi/ffi Ut
'##^
526 .49 George III. c 90. AD. 1809.
Certiiicaie to XIII. And be it further enacted, that such certificate shall remain- in fon»
be renewed fQf ttiree mouths and no longer ; and if at the expiration of such period the
inouths. wife or children shall still he unable to support themselves, they shall agwt
apply to the minister, who shall again lay their application before the kirk
session, and such minister and kirk session shall again enquire into such
inability, and if such inability shall appear to continue another certificate bLsII
be granted according to the form and in the manner before directed, and so at
the end of every three months as often as any such application shall be made ;
provided that a return shall not have been made in the manner herein-aft«r
directed of the death, desertion, removal, or. otherwise from the regiment of
any militia man in behalf of whose wife or children any such application aholi
have been made.
On production XIV. And be it further enacted, that upon the production of such certificate
f ?"'*t™"'' ^ * justice of the peace of the county or stewartry where such family resides,
make an order such justice shall, if he be satisfied therewith, make an order in the form
for aUowuDoe. appearing from schedule (D.) hereunto annexed, for the payment of a weekly
allowance, according to the rate which shall have been settled by the justices
of the county or stewartry as aforesaid, for each and every child and the wife
named in such certificate, or where a smaller allowance shall appear to have
been ascertained and shall be specified in such certificate, then for the payment
of such smaller allowance.
Ordcrio remain XY. And be it further enacted, that every such order shall remain in force
in force only f^^ ^ly-gg months, and no longer,
three monlbs. ' **
CertMcaies on XVI. And be it further enacted, that every such certificate upon which any
which orders gu^h order shall have been made shall forthwith be transmitted by the justice
be trnnsmiited of the peace making the same to the clerk of supply of the county, stewartry,
Y'b"T'^'°i '^'^V' '^^ place in which such families shall dwell, who shall record the same,
who aball ' and shall forthwith transmit copies of so many of such certificates as relate to
trai^it copies allowances to families of militia men serving for any other county, stewartry,
relate to city, OF place to the clerk of supply of such other county, stewartry, city, or
^vinff ftir™*^ place, and shall also transmit the originals of aU certificates transmitted to him
other oouuties, by a justice of the peace as aforesaid to the collector of the cess for his county
clerks of 4np- ''^ stewartry, city or place ; and any clerk of supply failing or n^lecting for
ply of such the space of six days after the receipt of any such certificates to record mid
Md°Bi^ii trniiB- transmit copies and the originals thereof in the manner herein directed shall
mit the originals forfeit and pay a sum not exceeding five pounds for each neglect, to be re-
of cees. covered with expences or costs of suit in the same manner that any penalty
renaliy for E^inst clcrks of Supply ia herein directed to be recovered, one hall' of which
""S^^- penalty to be applied to the use of his Majesty, his heirs and successors, and
the other half to be paid to the person or persons suing for the same.
Collector of XVII. AND be it further enacted, that it shall be lawful for such coUectcr
^p'anioimt'of ^^ ^^^ "^^^i '^^ ^'^ ^^ hereby authorized and required, to remit or pay out of
the allowances such public monies as may be in his hands to the treasurer of the kirk session
of each parish, and where there shall be no such treasurer, then to the minister
and kirk session of such parish, at least once in every month, a sum sufficient
to satisfy and pay the amount of the allowances specified in such certificates so
transmitted to such collector ; and any collector failing or neglecting t<i remit
such sum in the manner herein directed shall forfeit and pay a sum equul to
A.D. 1809,
49 George III. c 90.
527
twice ihe amount thereof, to be recovered with expences or costs of suit by a
summary complaint to be made to the sheriff or stewart depute of the county
or stewartry by any person or persons, one half of which penalty shall be
paid to the kirk treasurer, or to the minister and kirk session where there is
no kirk treasurer, to make good the sum which ought to have been remitted
to him or them by such collector, and the other half to be paid to the pei'son
or persons suing for the same.
XYIII. And be it further enacted, that the treasurer of the kirk session or
minister and kirk session (as the c&se may be) to whom such sum shall be re-
mitted shall give a receipt for the same ; and such weekly allowances shall be
paid by the kirk treasurer or the minister and kirk session, upon production
of the order made by a justice of the peace as aforesaid, to the persons entitled
to receive the same, provided such persons are actually residing in the parish
where such allowances are demanded at the time, but not otherwise, unless
upon permission for a limited time, and upon a certificate thereof in the
manner herein-before directed, and receipts shall be taken from the persons to
whom such allowances shall be paid ; and the said kirk treasurer or minister
and kirk session shall transmit an account once in every month to the clerk
of the comniissionei*s of supply, to be by him preserved and kept, shewing the
monies received and paid pursuant to this Act, in which the persons to whom
the same shall be paid shall be specially described by name, age, residence, and
as the wife or children of the militia man, declared and certified in the manner
herein directed ; and any treasurer of the kirk session or minister and kirk
session to whom money shall have been remitted or paid as aforesaid (as the
case may be), who shall refuse or delay to pay such weekly allowances in the
manner herein directed, shall forfeit and pay a sum equal to twice the amount
of each sum so refused or delayed to be paid, or who shall fail or neglect to
transmit an account in the manner hereby directed, shall forfeit and pay a
sum not exceeding five pounds for each neglect, to be recovered in a summary
manner, with expences or costs of suit, upon complaint made to any justice of
the peace of the county or stewartry in which such treasurer, minister, and
kirk session reside, by the person or persons to whom the same ought to have
been paid, or by the clerk of supply to whom the same ought to have been
transmitted, one half of which penalty to be applied to the use of his Majesty,
his heirs and successors, and the other half to be paid to the person or persons
suing for the same.
XIX. And be it further enacted, that every clerk of supply receiving such
account shall within ten days after the receipt thereof send a copy of every
such account, certified by him to be a true copy, to the collector of the cess of
his county, stewartry, city, or place ; and where any of the allowances appearing
to have been paid by such account shall have been made to the family of any
militia man serving for any other county, stewartry, city, or place, a copy of
80 much of such account, certified as aforesaid, shall within ten days after the
receipt thereof be transmitted by the clerk of supply who shall have received
the same to the derk of supply of every county, stewartry, city, or place for
which any such militia man shall be serving, who shall record the same ; and
any clerk of supply failing or neglecting to transmit accounts in the manner
hereby directed shall forfeit and pay a sum not exceeding five pounds for each
default, to be recovered by any person suing for the same, with expences or
Treasurer of
kirk session to
pay the parties
entitled upon
production of
the order ftom
the justice, and
to transmit an
account to clerk
of supply.
Penalty for
neglect
Clerks of sup-
ply shall trans*
mit certified
copies of ac-
counts to col-
lectors of cess ;
and where
allowances
have been paid
to families of
men serving for
other counties,
&c. f>hall trans-
mit copies of
accounts to the
clerks of supply
of such coun-
ties, &c.
Penalty for
neglect.
(28
49 Georqe III. a 00.
AJ). 1809.
Other counties,
tec. to clerks of
supply of Ruch
Account* lo
be stated by
clerks erf sup-
ply of each
county, &c.
to families of
men serving for
cuch coonCjr,
&,c.
AKsessment
to be made
thereupon in
each count]',
&c. for the
costfi of suit, in the manner in which any other penalty is directed to be
recovered by thia Act.
XX. And be it enacted, that in the month of January in eveiy year
accounts shall be stated by and between the collector of every county or stev-
artrj' with each kirk treasurer or minister and kirk session within his county
or stewai-try, shewing the amount of all monies remitted or paid by auch col-
lector to such kirk treasurers or ministers and kirk sessions respectively in
the year preceding the first day of the said month of January in which such
account is stated, and also shewing the allowances paid by such kirk treaanrera
or ministers and kirk sessions for the year preceding such first day of Januaiy,
and such accounts shall be settled by such collector with such kirk treasurer!
or ministers and kirk sessions respectively, who shall thereupon deliver up to
such collector the receipts taken for the payment of such allowances ; and any
collector of the cess failing or neglecting to settle or to get settled such accounts
in the month of Januaiy in every year as aforesaid shall not be allowed to
take credit in his accounts with the receiver general for Scotland for any
monies remitted or paid by him under this Act.
XSI. And be it enacted, that every such account shall on or before tlio
fifteenth day of February in every year be examined and compared with
the vouchers thereof by the clerk of supply of the county, stewartry, city, nr
place in which the same shall be made up, and shall thereupon bo docc^uettcd
and signed by him.
XXII. And be it enacted, that such clerk of supply shall make up from
such account accounts shewing the allowances paid in hia county, stewartry,
city, or place to families residing therein of militia men serving for other
counties, stewartries, cities, or places respectively, and shall on or before tiie
twenty-fifth day of February in every year ti'ansmit such accounts signed by
him to the clerks of supply of such counties, stewartries, cities, or places
respectively ; and any clerk of supply failing or neglecting to make up and
transmit such accounts to the clerks of supply^f such counties, stewartriea,
cities, or places shall forfeit and pay a sum not exceeding five pounds for each
offence, to be recovered and applied in the same manner as any other penalty
may be recovered and applied under this Act.
XXIIL And be it further enacted, that in the month of March in eveiy
year an account shall be made up by the clerk of supply of every county,
stewartry, city, or place, stating the allowances paid previous to the first day .
of January preceding to the families of any militia men serving for sndi
county, stewartry, city, or place, whether residing in such county, stewartryj
city, or place, or in any other county, stewartry, city, or place.
XXIV, And be it enacted, that such account may be examined by a com-
mittee of the commissioners of Supply from time to time to be appointed by
them for that purpose, and shall be laid before the said commissioners of
supply at the next annual meeting at which they assemble to assess the land
tax, and at such meeting the said commissioners of supply shall make an
assessment equal to the amount of the allowances appearing from such accoout
to have been paid to the families of militia men serving for such county,
stewartry, city, or place in the following manner ; that is to say, upon land
according to the valued rent of the same, and upon houses according to the
rent or yearly value set on such houses by the latest assessment of the house
A.D. 1609.
49 Geoboe IlL c. 90.
529
tax, and in the following proportions ; videlicet, for every such assessment to
the amount of one shilling sterling upon one hundred pounds scots of valued
rent, an assessment shall be laid upon the rent or yearly value of houses so
ascertained at the rate of 6ne penny sterling in the pound of such rent or
yearly value, and so in proportion for any greater or less sum.
XXV. Pbovxded always, and be it enacted, that no such assessment shall
be laid upon any house which shall not be rated for the house tax.
XXVL Provided also, and be it enacted, that no person or persons shall be
assessed in respect of his, her, or their house or houses, and also in respect of
his, her, or their lands in the same county or stewartry, but it shall be in the
power of the said commissioners to lay such assessment upon such person or
persons either in respect of such house or houses or of such lands, as to such
commissioners shall seem calculated to produce the highest assessment.
XXVII. Provided also, and be it enacted, that for all sums so assessed upon
land the proprietor shall have relief against the tenant or occupier thereof for
one half of such assessment, and every such assessment upon houses shall
be paid by the occupier or occupiers thereof, who shall be entitled to ded^ict
from his, her, or their rent one half of every such assessment so paid by such
oocopier or occupiers.
XXVIII. And be it further enacted, that at the time every such assessment
is made an account in the form in the schedule (£.) hereunto annexed shall
be stated, shewing the gross amount of the sums for which it is made ; and
also the rate at which it is to be levied upon the valued rent of land and upon
the rents of houses, in the manner directed by this Act, which account shall
be signed by the derk of supply and by the praeses of the meeting of the
commissioners of supply at which such assessment is made, and the same shall
be transmitted to the collector of the cess as his authority for levying such
assessment; and such account so authenticated shall, if required, be shewn by
sach collector to every person pajdng his proportion of such assessment
YYTY And be it further enacted, that in case any conamissioners of supply
shall omit, neglect, or refuse to make any such assessment according to the
directions of this Act, then the clerk of supply of such county, stewartry,
dty, or place shall and he is hereby required within fourteen days after the
meeting at which such assessment ought to have been made to certify to his
Majesty's attorney in Exchequer in Scotland such neglect, omission, or refusal
of such commissioners, and the names of such commissioners who shall be
present at such meeting ; and his Majesty's attorney in Exchequer is hereby
required on receipt of such certificate forthwith to proceed by all such legal
means as shall be most effectual and expeditious to compel such commissioners
to pay due obedience to this Act, and to cause such assessment to be made,
and the money raised, collected, and paid.
XXX. Provided always, and be it enacted, that in the cities of Edinburgh
and Glasgow the magistrates thereof shaU and they are hereby authorized to
levy from the heritors, burgesses, and inhabitants of such city their propor-
tion of the assessment to be made pursuant to this Act to raise the sum
necessary to afford the relief hereby provided to the £Eunilies of the militia
serving for the said cities, in such manner and in the same proportions as the
eeas stent and other public burdens and contributions are in use by law to be
assessed and levied in the said cities.
VOL. r^. L L
Honses not
rated to honse
tax exempted.
No person to
be assessed for
both hooses
and land.
One half of
assessment to.
be paid by
tenants.
Account of
rate to be
made up;
and shewn,
if required,
to persons
Mode of com-
pelling assess-
ment and col-
lection of rate.
How assess-
ments shall be
levied in Edin-
burgh and
Glasgow.
49 G£X)BGE III. c 90.
A.D. 1809.
cn^iAatM, Afi.
(tnll be trans-
mitted to (own
clerki, who alull
A4jiitMit to
make monthlT
retums of
whotbiHtraiiB-
mit eitncts
to thskirk
of pariiihGS in
irhich &miliem
relieved reaide.
AUoTaneea for
tnnible and
expenaea to
Allowances to
GollectoTa and
clerka of sap-
ply.
XXXI. Provided always, and be it further enacted, thafc in the two ciUes
aforesaid all certificates of inability shall be transmitted irom the parishes
within the same to the town clerk of the said cities respectively, who shall
and he is hereby required to do all matters and things directed by this Act to
be done by the clerk to the commissioners of supply in any county or stewartrj-.
SXXII. And be it further enacted, that the adjutant of every regiment,
battalion, or corps of militia, or, where there shall be no adjutant, the Serjeant
major thereof sball, within seven days after the twenty-fourth day of every
month during the time that the militia to which he shall belong stall reiQatn
embodied and in actual service, return to the respective clerks of supply of tliR
county, stewartry, or place to which such regiment, battalion, or corps shall
belong a particular list of all promotions and vacancies, and all deaths, deser-
tions, and other causes of vacancy that shall have occurred among the private
militia men serving for the several and respective subdivisions of the county,
stewartry, or place to which such re^meut, battalion, or corps shall belong In
the calendar month preceding each such twenty-fourth day as afoi-esaid, and
shall spedfy the christian and surname of each man so returned, and whether
ballotted man, aubstitute, hired man, or volunteer, and the parish m- place for
which he was serving; and such respective clerks of the commissioners of
supply shall within six days after the receipt of such return traosmit proper
extracts of so much thereof as relates to militia men whose families reside
within their own county, stewartry, city, or place to the kirk treasurers or
the ministers and kirk sessions of the respective parishes or places Uierein, and
proper extracts of the remainder of such retums to the clerks of supply of the
other counties or stewartries in which the families of any such militia men
receiving an allowance under this Act shall be then residing, and euch clerks
of supply of such other counties or stewartries shall within six day^ after the
receipt of the same trafismit proper exbtuits thereof to the kirk treasurers or
the ministeis and kirk sessions of the respective parishes within their counties
or stewartries in which the families of any such militia men receiving an
allowance under this Act shall be then residing.
XXXIII. A^D be it further enacted, that it E^iall and may be lawful for
Hie commissioners of supply of any county or stewartry assembled at the
annual meeting at which they meet to assess the land tax, and they we
hereby empowered, to grant such allowance to such treasurer of the kirk
they shall think sufficient for his trouble in paying and keeping the
accounts of such disbursements, and such commissioners of supply sliall be and
they are hereby further empowered to allow a sum equal to what shall appear
to them to be the necessary expences incurred by such treasurer of the kirt
session or by the minister and kirk session in discharging the duties hereby
required of him or them, which allowances shall be paid by the ctdlector of the
county or stewartry upon the order of such commissioners, who shall include
the sum specified therein in the amount of the assessment directed to be made
pursuant to this Act : Provided always, that no such allowance shall tie
granted to any such treasurer or minister or kirk session who i^iali fail or
omit to settie their accounts in the manner directed by this Act.
XXXIV. And be' it further enacted, that it shall and may be lawful f^r
the coipmiasioners of supply of any county or stewartry assembled sA aach
annual meeting as aforesud, and they are hereby empowered, to grant an
_J
ID. 1809.
49 Qeoroe III. c. 90.
5S1
aHowanoe to tbe collector of the cess and to the clerk of supply of their county
or stewarby for their trouble in doing and performing the various matters and
things required by this Act to be done and performed by such collector of the
oesB and derk of supply, not exceeding the sum of twenty pounds per annum
to any collector of the cess, and thirty pounds per annum to any clerk of
supply; and eveiy such allowance shall be satisfied and paid upon the order
of sach commissioners by being included in the first assessment made under
tliis Act after such order shall have been made ; and the collector of the cohh
levying such assessment shall account for and pay such allowance to the dork
of supply as he shall be entitled to by such order.
XXXY. And be it further enacted, that no sums paid or remitted by any
eollector pursuant to this Act shall be allowed in his accounts with the
leoetrer general of Scotland, unless he shall produce as the vouchers then^if
the original certificates of inability directed by this Act to be transmitted to
him by the derk of supply of his county, stewartry, city, or place, and the
leoeipts transmitted or delivered to him by tbe kirk treasurers or ministers
and kirk sessions pursuant to this Act, and also the accounts annually settled
in manner herein directed with the vouchers thereof
XXXVL And be it enacted, that each collector of the land tax remitting
and paying money as directed by this Act shall on or before the fifteenth
day of April in every year transmit to the lord chief baron and other
barons of his Majesty's Exchequer in Scotland an account with the vouchers
of all the money so remitted and paid by him previous to the first day of
January preceding, ai^l of all the money levied by him pursuant to any
issessment made in terms of this Act or otherwise receivi5d pursuant to
ftis Act previous to the date of such account ; and any collect^^r of the land
tu fiuling or n^lecting to transmit such acconnt in the manner herein
directed shall forfeit and pay a sum not exceeding twenty ponnrls sterling, to
he recovered upon the application of his Majesty's advocate to the said k;rd
chief baron and barons aforesaid, besides being otherwise res[KmsiMe frn* such
deikdt as aooords of kw.
XXXviL AiiD be it enacted, that the clerk of supf^Iy (A ev<;ry er/tjnty,
stewartry, diy, or place shall and is hereby reqnirful, witfjin {nnrir^n ilayn
after the amnial meeting of the commissioners of trnpfily at whit'h thity
asBemUe to aaseas the land tax, to toansmit to bis Hl^jml/n HiOfrttay in
Exdiequer a eopy of the aeeoont made np iny bim in iha numih tit March
preceding as direeted by this Act, and shall at tfie same tim^^ eifrtify Ut bis
Xajesiy's said attorn^ in Excheqno- wfaetli^r an Bm^^mnumt lias l^fU r/ia/b^
tkerefaie pnrsaaiii to tliis Act, and shall furihar eertify i/p mwh nii/^wy in
Sttheqner the groas amoimi of all tbe all//waru>^ r/ia/b^ Uf tint fMniVum i4
naKtia men reaidiiig within his coanty, sUfwartry, city, i^r \f\H4'M |;ur«iMAnt t^/
tliis Act pievioas to the finst day €A iMU^mry [/r<y;^iirij( j ar#/l any t*\i'.rk td
npi^ fiaifiiig or neglecting to transmit mmU ni'juMui iff Up $'Airi\fy Vt htn
Majeaty's attomey in Excfaerjuer in ti0i uuuifu^ liifr<jby 4in'^^4 nhhti forf*H
•nd pay any ana nt^ exceeding U^n y^niAn, tip !;<? r<'>/'y/v<'i*!/l \u iU^i m$fiM
"■"W aa any penalty agahust any i:^AU^i//r i/l ti^i /5*^ ttmy iftf ftn'/fS^f^tS,
mniL AjtdIk it fvrt^jer ^is^i^isd, timk uw/'b a/'/'z/Mi/ts Mu\ ytp^U'Sn^m wp
by tbe tfLfi(i/fr% '/ tJ^ ejrm aivJ ';b;^k« //f «H/|^/ly t// tii^- i*^tmi //f
•s «Ma at tfMt^»cin^iui\y %$m,y S0 nXU'p iit^ H^?tifititd'ftrj^^ \^i
hh 2
to bit IiioIimImI
No cf)ll«MiU>r
to tnko ortMllt
for Httiiw ri<-
niitt4Mt, unUiM
h« pro(lur4«ii
voucherHf kc.
Account of
mofi<*y rmntU
ie4 ttml Utviuti
Uf \t0 tnin«-
roftt«d liy
t!tm (Umrt tt(
JVnuJijr fur
532
49 George III. c. 90.
A^D. 1809.
k^f
be examined by
his Majesty's
remembranoer.
Barons to make
orders thereon.
Barons of Ex-
chequer may
direct the col-
lectors of cess
to recover from
each other sums
paid to families
of men serving
for other
connties, &c.
Allowance not
to be made in
certain cases.
examined by his Majesty's remembrancer in Exehequer, who shall report to
the lord chief baron and other barons of the Exchequer whether the directions
of this Act have been complied with, and whether it appears that the asaea^-
ments have been made and levied which ought to have been made and levied
in terms of this Act, and whether such collectors have rendered due acoounts
with proper vouchers thereof, and have accounted for every sum of money
which ought to have come to their bands pursuant to this Act ; and the loid
chief baron and other barons aforesaid shall make such order and give such
directions as shall appear to them necessary and proper to be made and givoi
thereupon.
XXXIX. And be it enacted, that it shall and may be lawful for the loid
chief baron and other barons of the Court of Exchequer in Scotland, and they
are hereby empowered, if they shall think proper, to order and direct the
respective collectors of the cess of the counties, stewartries, cities, or places in
which allowances shall appear to have been paid for families residing therein
of militia men serving for other counties, stewartries, cities, or places, to
recover from the respective collector of the cess of such other counties, stew-
artries, cities, or places such sums of money as shall appear to have been paid
for families of militia men serving for such other counties, stewartries, citiee,
or places as aforesaid.
• ••••••••
XLY. • i ...••. • Provided always, that no allowance under
this Act shall be ordered to be paid to the family of any substitute, hired
man, or volunteer to be enrolled after the passing of this Act, who shall at the
time of his enrolment have more than two lawful children, or who shall have
fraudulently represented and declared that he had no wife at the time of
his enrolment, or who shall have fraudulently and jEedsely represented and
declared at the time of such enrolment that he had not more than two lawful
children.
SCHEDULES to which this Act refers.
Schedule (A.) »
Declaration to be made and signed by a Militia Man having a Wife or
Family in a State of Indigence.
1. Where the Wife is living.
IA-B., a militia man serving iu [specify the corps] do declare that CD. is
my lawful wife, and has been so since the day of i
and that I have by the said CD. [one, two, or more children, as the case may
be] under the age of ten years [specifying the name and age of each child],
and that the said CD. resides (with such child or children) in the parish of
[name of parish] and is unable to support herself [and such child or childreii]
by reason that [state the reason] ; and [if a substitute] that I had not more
than two lawful children bom in wedlock at the time I was produced to he
enrolled : And these things I the said A.B. do solemnly aver and declare to be
true.
Dated this day of
AE
r
AJ). 1809.
'49 Geobge IIL a 90.
53S
2. Where the Wife is dead, leaving a Child or Children*
T AJR, a militia inan serving in [specify the corps] do declare that CD.
•*" deceased lately residing [specify where] was my lawful wife, and that
we were married persons since the day of , and that I
have hy the said CD. [one, two, or more children under the age of ten years,
specifying the name and age of each child], and that such child or children
reside with [specify with whom they reside] at [specify the place], and that
such child or children are unable to support themselves by reason that [state
ihe reason] ; and [if a substitute] that I had not more than two lawful cbildren
bom in wedlock at the time I was produced to be enrolled : And these things
I the said A.B. do solemnly aver and declare to be true.
Dated this day of
A.B.
Schedule (B.)
Cebtificate by Commanding Officer.
1. Where the Militia Man is not a Substitute, Hired Man, or Volunteer, or,
being a Substitute, Hired Man, or Volunteer, was married previous to the
Time at which he was called out to actual Service.
T E.F., commanding the [specify the regiment] do certify that upon the
■^ day of A.B., a militia man serving in ihe said
lament for the parish of in the county or stewartry of
[specify whether a ballotted man or a substitute, hired man, and, if a substitute,
for whom serving, and for what parish or place], came before me, and made
the declaration hereunto annexed. Witness my hand this day of
E.F.
i. Where the Militia Man, being a Substitute, Hired Man, or Volunteer, was
married subsequent to the Time at which he was called out into actual
Service.
T EJP.y commanding the [specify the regiment], do certify that upon the
■^ day of A.B^ a substitute, hired man, or volunteer
[is the case may be], serving in the said regiment for the parish of
in the oonnty [or stewartry] of , was married upon the day
of with the consent of [specify name] then commanding officer tjf
the said regiment (certified under the h^md of the said commanding officer
previous to the marriage) to [specify the name of the wife, ami the jjarish (ft
place where she now resides] : And I further certify that the said A.B. caiiie
before me and made the declaration hereunto annexed. Witness my hand
this day erf*
KF.
Schedule (C)
Cebtificate by {he Muswteb, Educ Sekkiok, CowamionzBH (jf HvFrtJY, or
Tn^E A.R, minister of the parish of , and CD,, KK, mA OIL,
membeiB of the kirk sessun thereof, do hereby certify iitMi in Oimai^
qa^ice of a dedaiation and certificate tiammiitiefl Up tiie said ininiKter^
534
49 Geobqe III. c'S
A.I>. 1809.
ptirBuant to an Act passed in the forty-nintli y«ar of the reign qf his present
UAJesty, intituled [here insert the title of this Act], we did enqaire into the
situation of [mention .wife or children] and found her [or them] to be unable
to maintain herself [or themselves] by reason [state the reason], and we ako
enquired whether the wife had departed from her home or place of residoue
spedfied in the said declu-ation, and found that she had not done so (or Uut
she had done so with the permission and upon a certificate thereof in Uie
manner provided by the said ^ct), and we reported these things to [roention
name of justice, heritor, person, or magistrate], of which he also satisfial
himself. In witness whereof the said [justice, heritor, person, or magistrate]
has with ua set his hand hereto this day of
Where the wife or children shall be enabled to maintain themselves with
a amaller allowance than the full rate, then after the reason of inability
these words will follow : — " But we found that upon receiving an allow-
" ance of per week such wife or children will be able to
" maintain themselves."
Schedule (D.)
Obdeb to be made by a Justice of the Fkace for Fatment of Allowakces.
T A,B., one of his Majesty's justices of the peace for the county [or stewartry]
-*- of , in consequence of a certificate produced to me, of wliich
a copy is annexed, do hereby order [mention name of kirk treasurer or minia-
ter and kirk session], of the parish of [mention parish], to pay to the therein
named [mention name of wife or children] a weekly allowance of
to the said wife and for each of the said (children). For which
this order shall be a sufficient authority. Witness my hand at
this day of .
EJ.
Schedule (K)
An Account shewing the Amount and Rate of A^sesshents made this
Day of pursuant to Act Forty-ninth
George IH, Cap.
1. For the amount of allowances paid to families residing in
this county or stewartry of militia men serving for ibis
comity or stewartry - - - _ .
2. For the amotmt of allowances paid in other counties or
stewartries [viz., specify the counties] to families
therein residing of militia men serving for this county
or stewartry -.__--
3^ For the amount of allowances for trouble and cluu^;es in
terms of the Act - _ _ _ _
1. To officers, specifying to whom
2. Chaiges incurred by them . - .
J
1. Amount of valued rent -within the county [or stew-
artiy] . - - - . £
S. Amoont of rents of houees - - ' - £
Bate of Assessment :
on each 1002. of valued rent - - -
in the pound of rent or yearly value of hoases,
according to the latest assessment for the
house tax - - - - -
Schedule (F.)
Kegister of StJBsnxDTES, HiHED Men, and Voltinteebs belonging to the
Reoihekt of [describe the Beg^ent] married with the Consent of the
Colonel or Commanding Officer.
Sate
«f
Certificate.
Schedule (G.)
Reoisteb of Declabations made by Hiutu Men serving in tlie Regiment
[describe the R^ment] and of Certificates granted by the Commanding
Officer, to enable their Wives and Families to receive tiie AJlowancea
granted by Act 49 Gea IIL Cap. .
Naaia
of
Pariih
for which
erring.
Name of
Name tluorChUdor
of Ctiildrea
Wife. nDder
10 yean.
Wlien
Date
of
Oertifloite.
To
VhMD
tniWDitud.
Wbai
636 49 Geobge, IIL c, 91, 101. A.D. 1809.
CHAPTER XCL
Ah Act to empower the Jud^ to tiy Civil Cauaes in their own Counties in
England. [lOth June 1809.]
8 Bic s. c. 3. TTTHEEEAS by a statute made in the eighth year of the reign of King
" " Richard the Second it is among other things enacted that no man of
law shall from thenceforth be justice of assizes in his own country : And
whereas by an Act made in the thirty-third year of King Henry the Eighth,
33 HeD. 8.0.34. intituled " An Act that none shall be justice of assize in his own country," it
is enacted, that no justice nor other man learned in the laws of this ruaim
shall use nor exercise the office of justice of assize within any county where
the said justice was bom or doth inhabit : And whereas a compliance with
the aforesaid provisions has been attended with very great inconveniences :
For remedy whereof, be it enacted by the King's most txcellent 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
''■th'**h' "^ii ^^^ same, that it shall and may be lawful &om time to time and at all times
orbaronaofthe hereafter to and for the chief justice and justices of either bonch, and to and
^w nra^' *^ ^**'' *^* chief baron and other barons of the Court of Exchequer, and to and
appoioted JOB- for any other person or persons learned in the law, who shall be appointed
ma^ ei«^i're ' j'^*''ce or justices of assize in any county or counties within that part of Great
(he office in Britain called England, to use and exercise the office or offices of justice or
awiouA Uiey justices of assize, and to act under any commission of nisi pHus in any such
were' bom or counly Or counties, notwithstanding they or any^of them shall have been born
therein. ' "^^ <^*' inhabit within any such county or counties ; and that tliey shall not be
liable for so doing to any forfeiture or penalty whatsoever, anything in tho
said recited laws or either of them, or any other law, custom, or usage to the
contrary in anywise notwithstanding.
CHAPTER CL
An Act to regulate the Fees payable by Persons chained with Treason, Felony,
and all other Offences at Assizes and Quarter Sessions in Ireland, and
for amending an Act of the Parliament of Ireland made in the Thirty-
sixth Tear of His present Majesty relating thereto. [1 jth June 1809.]
"Tl^ HE RE AS great inconvenience results from the uncertainty and differ-
* ' ence in the several counties of Ireland as to the rates of fees payable
on criminal prosecutions, and the several other matters relating thereto, before
the judges of a^ize and the chairman and other justices at sessions, and
great mischief has arisen for want of the same being regulated and duly
awertained : And whereas great benefit would accrue from tho due regulation
thereof: Be it therefore enacted by the King's most excellent Majesty, by and
with the advice and consent of the lords spiritual and temporal, and common^
The fees paj- in this present Parliament assembled, and by the authority of the same, that
proBcontimirto ""^ other or higher fees than those enumerated in the schedule herein-after set
be according to forth shall henceforward be payable on criminal prosecutions or any other
table, matter or thing relating thereto in any coimty, county of a city, county of a
town, or other place in that part of the United Kingdom of Great Britain and
^.
J
AJ).1809.
49 Gbqrgs ni. e 101.
m
Ireland called Ireland, to any of the officers therein inontionoil { Uuit In U)
say: pj
{To the derk of the crown or his deputy, for each perHon that
shall he indicted and tried for high treason ...
fTo the same, for each person that shall be indicted and tried for
petty treason or miirder - . - - -
[To the same, for each person that shall be indicted and tried for
felony or other offence - - - . -
{To the same, for each person whose trial shall be postponed to a
subsequent assizes, or other time for opening and holding a
fresh commission of assizes or oyer and terminer, half the foeM
tbat he is hereby entitled to charge on the foregoing offoncoH \
and in case the person charged by the indictment shall |N)Mt-
pone his trial, he is to pay the same himself; and in caHO thn
. trial shaJl be postponed by the crown or proHccut^)r, then tlio
said half fees are to be presented off the county at largo, in
the same manner that the fees of the prisoners acquitt4i<l are
made payable as hereafter mentioned
{To the same, for each person that shall be ordere^l to enUif into
recognizance, whether to attend at a subsequent ammm or
eonmiission, or to be of the peace and good l^ehaviour
{To the same, on receiving every burning, houghing, maiming, //r
other petition ---.•*
With a fiirthar fee of six ahillingiif in caM be nitull Ut
required to draw and prepare the same.
To the same, for filing every affidavit that ^faall be $woni in
relation to criminal bafflness • • « • «
To the same, for making out and attenting erery copy f^ mui$
affidavit .--•,-,•
To the same, for eveiy crown mmmoiM m wfaidi the partis mm/
insert the names of fiwir witaemhH, requiring li^ar aU^^iaiM^
to ffwe evidence on any of the matter thkuin^ i/^ imuittifti
o
18 41
I 13 41
— 7 »I
\
— a
To the
the
have nol
To the
for evcty 1>^a«L warraax */r er^yiro leaf^a^, in wt/t^,
Wff^^aanA *ji f>5^n \fjHi ^Aui r^ ';t0^:t*j'A
tx CT«7 ei^rurjiatf^ uat uay *>•? f^^^ta^ // Wrm
To the
he is by
TotlK '
: :r <£Jt <rjc-7 '/ vj*- ^suy *i t^m. ^/i,4^lM^*cfA wi,Af
c v^ fv/aun'.
i^
^x/j %f «a *ncx»x;MJ>/JU w'f;^:^^ U^ m, *rf
Totfe
« '
» 4
% i
% i
% i
K *
* *
F
Ac
'»i 'ii**'
uf I;rmtin.
a^- A-*?-, ,r;? :c.v, ;^,^
{28
I Geoboe III. c. 90.
A.E. 1809.
Annual ac-
counts M b
glBt«db7C<
Accounts to
be cxnmiiiFd
by derka of
supply ;
couote of al-
lowances pud
to familiea of
olher counties,
&c. to clerks of
supply of such
Accounts to
be stated by
clerks of aup-
ply of each
Gonnty, &c.
of sums paid
to bmilies of
men serviuj; for
such county,
&c.
Assessment
to be made
thereupon in
each county,
gcc. for the
costs of suit, in the maimer in which any other penalty is directed to Ixs
recovered by this Act.
XX. And be it enacted, that in the month of January in every year
accounts shall be stated by and between the collector of every county or stew-
artry with each kirk treasurer or minister and kirk session within his county
or stewaiiiy, shewing the amount of all monies remitted or paid by such col-
lector to such kirk treasurers or ministers and kirk sessions respectively in
the year preceding the first day of the said month of January in which such
account is stated, and also shewing the allowances paid by such kirk treasurers
or ministers and kirk sessions for the year preceding such first day of January,
and such accounts shall be settled by such collector with such kirk treaaureis
or ministers and kirk sessions respectively, who shall thereupon deliver up to
such collector the receipts taken for the payment of such allowances ; and any
collector of the cess failing or neglecting to settle or to get settled such accounts
in the month of January in every year as aforesaid shall not bo allowed t'l
ta,ke credit in his accounts with the receiver general for Scotland for any
monies remitted or paid by him under this Act.
XXI. And be it enacted, that every such account shall on or befciro tbo
fifteenth day of February in every year be examined and compared with
the vouchers thereof by the clerk of supply of the county, stewartry, city, or
place in which the same shall be made up, and shall tiiereupon be docijuettod
and signed by him.
XXII. And bo it enacted, that such clerk of supply shall make up from
such account accounts shewing the allowances paid in his county, stewartry,
city, or place to families residing therein of militia men serving for other
counties, stewartries, cities, or places respectively, and shall on or before the
twenty-fifth day of February in every year ti-ansmit such accounts signed hy
him to the clerks of supply of such counties, stewartries, cities, or places
respectively ; and any clerk of supply failing or neglecting to make up and
transmit such accounts to the clerks of supply vf such counties, 8tewartriL'K,
cities, or places shall forfeit and pay a sum not exceeding five pounds for each
ofience, to be recovered and applied in the same manner as any other penalty
may be recovered and applied under this Act.
XXIII. Akd be it further enacted, that in the month of March in every
year an account shall be made up by the clerk of supply of every county,
stewartry, city, or place, stating the allowances paid previous tj the first day
of January preceding to the fEunilies of any militia men serving for such
county, stewartry, city, or place, whether residing in such county, stewartry,
city, or place, or in any other county, stewartry, city, or place.
XXIV. And be it enacted, that such account may be examined by a com-
mittee of the commissioners of Supply from time to time to be appointed by
them for that purpose, and shall be laid before the said commissioners of
supply at the next annual meeting at which they assemble to assess the laud
tax, and at such meeting the said commissioners of supply shall make an
assessment equal to the amount of the allowances appearing from such account
to have been paid to the families of militia men serving for such county,
stewartry, city, or place in the following manner ; that is to any, upon land
according to the valued rent of the same, and upon houses according to the
rent or yearly value set on such houses by the latest asaessment of the house
A.D. 1809.
49 Geobge III. c 90.
529
tax, and in the following proportions ; videlicet, for every such assessment to
the amomit of one shilling sterling upon one hundred pounds scots of valued
rent^ an assessment shall be laid upon the rent or yearly value of houses so
ascertained at the rate of one penny sterling in the pound of such rent or
yearly value, and so in proportion for any greater or less sum.
XXV. Provided always, and be it enacted, that no such assessment shall
be laid upon any house which shall not be rated for the house tax.
XXVL Provided aJso, and be it enacted, that no person or persons shall be
assessed in respect of his, her, or their house or houses, and also in respect of
his, her, or their lands in the same county or stewartry, but it shall be in the
power of the said commissioners to lay such assessment upon such person or
persons either in respect of such house or houses or of such lands, as to such
commissioners shall seem calculated to produce the highest assessment.
XXVII. Provided also, and be it enacted, that for aU sums so assessed upon
land the proprietor shall have relief against the tenant or occupier thereof for
one half of such assessment, and every such assessment upon houses shall
be paid by the occupier or occupiers thereof, who shall be entitled to deduct
from his, her, or their rent one half of every such assessment so paid by such
occupier or occupiers.
XXVIII. And be it further enacted, that at the time every such assessment
is made an account in the form in the schedule (E.) hereunto annexed shall
be stated, shewing the gross amount of the sums for which it is made ; and
also the rate at which it is to be levied upon the valued rent of land and upon
the rents of houses, in the manner directed by this Act, which account shall
be signed by the derk of supply and by the prsdses of the meeting of the
eonmiissioners of supply at which such assessment is made, and the same shall
be iaunsmitted to the collector of the cess as his authority for levying such
assessment ; and such account so authenticated shall, if required, be shewn by
such collector to every person paying his proportion of such assessment
YYiy. And be it farther enacted, that in case any commissioners of supply
shall omit, neglect, or refuse to make any such assessment according to the
directioiis of this Act, then the clerk of supply of such county, stewartry,
city, or place shall and he is hereby required within fourteen days after the
meeting at which such assessment ought to have been made to certify to his
Majesty's attorney in Exchequer in Scotland such neglect, omission, or refusal
of such commissioners, and the names of such commissioners who shall be
present at such meeting ; and his Majesty's attorney in Exchequer is hereby
required on receipt of such certificate forthwith to proceed by all such legal
means as shall be most effectual and expeditious to compel such commissioners
to pay due obedience to this Act, and to cause such assessment to be made,
and the money raised, collected, and paid.
XXX. Provided always, and be it enacted, that in the cities of Edinburgh
and Olafigow the magistrates thereof shall and they are hereby authorized to
levy from the heritors, burgesses, and inhabitants of such city their propor-
tion of the assessment to be made pursuant to this Act to raise the sum
necessary to afford the relief hereby provided to the families of the militia
aerving for the said cities, in such manner and in the same proportions as the
ceas stent and other public burdens and contributions are in use by law to be
aasesaed and levied in the said cities.
VOL. rv. L L
Hoiiees not
rated to hoase
tax exempted.
No person to
be assessed for
both houses
and land.
One half of
assessment to.
be paid by
tenants.
Account of
rate to be
made up;
and shewn,
if required,
to persons
assessed.
Mode of com-
pelling assess-
ment and col-
lection of rate.
How assess-
ments shall be
levied in Edin-
burgh and
Glasgow.
530
4d George III. c. !
A.D. 1809.
dntiH of derkt
whoBhantmuE-
mit extraeU
to the biric
treaaaten, &c.
of parishc* in
irhicli ftmiliea
reliered redde.
AIloKMiCM for
tnnible and
eipeiuea to
Allowance to
collectoTs sod
clerks of Biip~
ply.
XXXI. Provtoed always, and be it further enacted, that in the two cities
aforesaid aU certificates of inability shall he transmitted from the parishes
within the same to the town clerk of the said cities respectively, who shall
and he is hereby required to do all matters and things directed by this Act to
be done by the clerk to the commissioners of supply in any connty or stewaitiy.
XXXII. And be it further enacted, that the adjutant of every re^ment^
battalion, or corps of militia, or, where there shall be no adjutant, the serjeant
major thereof shall, within seven days after the twenty-fourth day of every
month during the time that the militia to which he shall belong shall retnun
embodied and in actual service, return to the respective clerks of supply of the
county, stewartry, or place to which such regiment, battalion, or corps shall
belong a particular list of all promotions and vacancies, and all deatiis, deser-
(dons, and other causes of vacancy that shall have occurred among the private
militia men serving for the several and respective subdivisions of the county,
stewartry, or place to which such regiment, battalion, or corps shall belong in
the calendar month preceding each such twenty-fourth day as aforesaid, and
shall specify the christian and snmame of each man so returned, and whether
ballotted man, auhstitute, hired man, or volunteer, and the parish or place for
which he was serving; and such respective clerks of the commissioners of
supply shall within six days after the receipt of such return transmit proper
extracts of so much thereof as relates to militia men whose families reude
within their own county, stewartry, city, or place to the kirk treasurers or
the ministers and kirk sessions of the respective parishes or places therein, and
proper exbwts of the remainder of such returns to the clerks of supply of the
other counties or stewartries in which the fomilies of any such miUtia men
receiving an allowance under this Act shall be then residing, and such clerks
of supply of such other counties or stewartries shall within six days after the
receipt of the same tratismit proper extracts thereof to the kirk treasurers or
the ministers and kirk sessions of the respective parishes within their counties
or stewartries in which the iamihes of any such militia m^i receiving an
allowance under this Act shall be then residing.
XXXIII. AnD be it further enacted, that it shall and may be lawful for
the commissioners of supply of any county or stewartry assembled at the
annual meeting at which they meet to assess the land tax, and they are
hereby empowered, to grant such allowance to such treasurer of the kirk
session as they shall think suffident for his trouble in paying and keeping t!ie
accounts of such disbursements, and such commissioners of supply shall be aud
they are hereby further empowered to allow a sum equal to whtt shall appear
to them to be the necessary expences incurred by such treasnrer of the kiik
session or by the minister and kirk session in discharging the duties hereb;
required of him or them, which allowances shall be paid by the collector of tb(
coiinty or stewartry upon the OTder of such commissioners, who shall include
the sum specifled therein in the amount of the assessment directed to be made
pursuant to this Act : Provided always, that no such allowance shall be
granted to any such treasurer or minister or kirk session who shall fail or
omit to settle their accounts in the manner directed by this Act.
XXXIV. And be^ it further enacted, that it shall and may Ire lawful for
the coipmissioners of supply of any county or stewartry assembled at eDch
annual meeting as aforestud, and they are hereby empowered, to grant an
J
ID. 1809.
49 Qeoroe III. a 90.
531
allovanoe to the collector of the cess and to the derk of supply of their county
or stewartry for their trouble in doing and performing the various matters and
things required by this Act to be done and performed by such collector of the
oesB and derk of supply, not exceeding the sum of twenty pounds per annum
to any collector of the cess, and thirty pounds per annum to any clerk of
supply; and eveiy such allowance shall be satisfied and paid upon the order
of snch commissioners by being induded in the first assessment made under
this Act after such order shall have been made ; and the collector of the cohh
levying such assessment shall account for and jmy such allowance to the clerk
of sapply as he shall be entitled to by such order.
XXXY. And be it further enacted, that no sums paid or remitted by any
collector pursuant to this Act shall be allowed in his accounts with the
reoeiyer general of Scotland, unless he shall produce as the vouchors thereof
the original certificates of inability directed by this Act to be transmitted to
him by the derk of supply of his county, stewartry, city, or place, and the
receipts transmitted or delivered to him by the kirk treasurers or ministers
and kirk sessions pursuant to this Act, and also the accounts annually settled
in manner herein directed with the vouchers thereof.
XXXYL And be it enacted, that each collector of the land tax remitting
and paying money as directed by this Act shall on or before the fifteenth
day of April in every year transmit to the lord chief baron and other
barons of his Majesty's Exchequer in Scotland an account with the vouchers
of aD the money so remitted and paid by him previous to the first rlay <i!
January preceding, ai^l of all the money levied by him pursuant to any
assessment made in terms of this Act or otherwise receivf^l pnrmiani iff
this Act previous to the date of such account ; and any collect^ir of the land
tax fieuling or n^Iecting to transmit such accotmt in the manm^r higrtm
directed shall forfeit and pay a sum not exceeding twenty ponn/ls ifterling, to
be recovered upon the application of his Majesty's advocate V$ the said l//rd
diief haran and barons aforesaid, besides being otherwise re«[ionsible (m such
de&olt as aeoords of kw.
XXiVUL AsD be it enacted, that the clerk of sapf Jy r/f every e^^jnty,
stewartiy, city, or place shall and is hereby requin^, within ffrurU'tm ^Uyn
after the amnial meeiii^ of the ccfmnusmcfDern fJl impfJy ai whi/;)i Um^jt
aasemUe to aaseas the land tax, to tmumii to bis Maje^y's atU/m^ in
Exchequer a eopy of the aceount made np by him in i\iH m^/nth //f Mar/^li
preoeding as directed by this Act, and shall at th« same tini^ e«rrtify f// hiii
Majesty'a said aUomey in Excheqno- whfdher an asscssiwiirt l»M \f/:en mad^
therefore |iuiguaiii to Hm Att, md shall farther cffriifj Up fffuh aU/>rTi^ in
Exdieqner the groas amoant of all i\»*i all^ywai^^ mad^ to tfi/; Uxr^'Aum //
mifitia moi raiding within h» tfmsAj^ ^ftewzriry, eity, </r pla^ ytr^nMA t/p
tliis Aei pRvifios to the first day of Jaoiary pn^XfJin^ ; and mf$y *i^<rk //
anppljr fiaXag or wt^iuiin;^ to tnaMm:t w^i aie:er/mi f^ to e^Tt«fy i// K>4
Hqeslj's atiuaacj in Ezefaerp«r in U>»; uant^ir K*T<^f;y dif«:^^<^ iAaW PftUcit
tad pqr wBj WBBL vx rxtftfilz:^ v^ y/nn^^t^ to h^ ti^rf^<nf\ irt ft^. saM^
iBaaBer as aaj pfi^'j ai^iz&iit zisj tf.tl^sf^/r of tK^ e^^ uay ^^ f^^/y*r^^
nxniL An> ht 5s feri^sr ^i&aet^, tiM «»v^» m^/^^f^u mA yf^t^i^^t t^,
bv tfe; cr.CiKScn </ *i^ tMm luA -^ferks of v»^y,Aj Uf tf^ ^y^,e\ of
to hii inrlutltMl
111 Mllll«llli|lt<lllilf
No rolli«oUtr
in titk(« c<rHtU
for NutiiN n'
hit iinHlucMifi
vouch«riif aOf
A<!<!oufit of
m«fM7 rifwilt-
Ui \m tr«n«'
tnttu^l Ify
wWw'Mtn of
bMd tux t/f
^w. (Umri ttt
Vt^uUy for
4«f4«iH«
Iff ^l*^« ftf
f^fem^jU0
r:
49 Oeobge III. ft 120.
A.D. 1809,
Til. And be it further enacted, that in case the colonel of any regiment or
battalion of the aaid militia shall be desirous of keeping up a greater number
of dninuners than two per company to be employed aa fifers or musicuans for
the use of the said regiment or battalion, and shall be willing to de&ay the
expeuce of such additional drummers, it shall uid may be lawful for such
colonel to retain in such regiment or battalion any number of the drummers
who shall be employed as fifers or musicians therein over and above the
number of two drummers per company established by this Act, and at any
time hereafter to engage any additional number of drummers to act as fifere
or musicians accordin^y ; and all such drummers so retained, or in future
engaged to serve in any such cases as fifers or musicians, shall be deemed
drummers of militia to all intents and purposes whatsoever, and shall be sub-
ject to the same orders, regulations, penalties, and punishments as other
drummers of militia shall by law from time to time be subject to, and Bhall
continue to serve as drummers so long as tbey shall receive the Bame pay and
clothing as other drummers have, or better pay and clothing in lieu thereof
and no longer.
Coloiiels nhaU X. And be it further enacted, that it shall be IswM for every colonel of the said
appoint (AoeH. militia, when appointed, from time to time to appoint the number aforesaid respec-
tively of lieutenant colonels, majors, adjutants, paymasters, surgeons, riiiartcrmastctH
and assiabant surgeons, and ail other officers for Ms regiment or battalion, ....
lEep, Stat. Law Rev. Act, 1872 (No. 2).f
Commanding
otEcerH shnll
have chief com-
mand of regl-
XII. Ahd be it further enacted, that the commanding officer for the time
being of each regiment or battalion of the militia in Ireland shall have tlie
chief command of such regiment or battalion, notwithstanding any order,
direction, matter, or thing contained in any commission or appointment of a
governor or governors of any coimty in Ireland.
XIV. Akd be it further enacted, that when any colonel of any regiment or
battalion of militia shall be absent from the United Kingdom, all powers
' which shall from time to time be given by law to such colonel, whether in
filling vacancies in such regiment or battalion or in any other way whatso-
ever, shall be vested in and lawfully may be exercised by the next officer in
conmiand in such regiment or battalion who shall be residing within the
United Kingdom, until such colonel shall be returned to the United Kingdom,
and shall have notified bis arrival to the officer entitled to exercise the said
powers during his absence ; and all acts, matters, and things done by sucb
officer next in command as aforesaid in exercising the powers legally vested
in colonels shall be good and valid in the law equally as if ihey had been
done by the colonel himself.
w • •.• * • • • •
XXI And be it further enacted, that every adjutant to be appointed as
aforesaid shall be a person who shall have actually served in some of bia
Majesty's T^;ular forces for the space of three years, or in the embodied
militia for five yean, or for such time in the embodied militia as together
with his service in the regular forc^ shall in the whole make five years ; and
if such adjutant shall be appointed out of his Majesty's other forces, be sball
i
A.D. 1809.
49 Geoboe IIL c. 120.
R43
during his service in the militia preserve his rank in the army in the Hanio
manner as if he had continued in that service ; and it shall bo lawful ior tlui
eolonel of any regiment or battalion of militia to appoint the adjutant of Much
lament or battalion to the rank of captain by brevet, provided such a(\jut4int
hw served five years aa adjutant in the militia, or in his MaJoNty^N othtu*
foroes, : Provided always, that no such appointiiumt
to the rank of captain shall be valid, unless in the instrument granting tho
same it be specified in what regiment or battalion,- aiid whether of tho Tnilitin
or of his Majesty's other forces, such adjutant hath sorvetl, and what wiw
or were the date or dates of his commission or commissionH : Provided alno,
that no adjutants so appointed to the rank of captain shall by thu date of
sach appointment as aforesaid or otherwise be entitled to rank above or to
command any captain of a company in the militia.
XXIL And be it farther enacted, that no im-mm
who is or shall be surgeon of a county hospital or infinnary eHtablinlied by
Act of Parliament shall be capable of serving in the militia while be continuiM
soigeon of such hospital or infirmary.
XXIIL And be it further enacted, that no person who at any tiiiw) afUr
the commencement of this Act shall be appointed a^ljutant, imyiniM^tttri mit"
geon, quartermaster, or assistant surgeon in the saiil militia hIisII l)e ca|)abli)
of holding any commission in the said militia, save and except tlie dfmmmUni
of adjutant, paymaster, suigeon, quartermaster, or asnistant Hurgeon TtM\Hii>
tively ; and iiiat no officer holding any eommisftion in the sai^l militia Mliall Sm
e^ble of being appointed adjutant, paymaster, surg^^on, quarteriiUMUff, or
assistant surgeon.
XXIY. AsD be it further enacted, that all staff Merjeaotn, i^orj^^anUf, eor*
porals, drummers and fifers shall and may from time i/> time \m ii\t\HnnU'A
by the ecdonel of the regiment or Ijattalir^ ; and iiiHi all Ht^ilf mryMi^,
Serjeants, corporals, dnnnmers and fifers may Vie Am^uuryffA t/y muA^ ejA/nut\
from time to time ; and that all siaif H^rjeantf», mtjuwaiMf eoqx;ral«, *\rntmiu^rn
and fifeis who shall at any time have reoeivi^l arjy |jay wm iMieli frotn mty
regiment or battalion shall be deeiu^ Uj lie taxig^tA^ an^J l^e 4'//$snM*MMi^Ui i/p
serve in sodi regiment or \jtUAalifm until they ^liall l^e *i\h/i'}uu*/i'A hy HtK
ooI(Hftd of the regiment or bat;taJion t^> which they iJiali r<;«ji«;<;tjv<;ly i^h/hy,-
XXTL Ajtd be it faiihf^ eohhUA, i}aX tl^e e^/lm^l ^4 Mi^y r*'//Ut^*M 'if
battalion of the said miiitta may ^fyAsit tUe ft^rjeaiji u^iiy/r ms4 Dm; ^jt^JuiMf •
vaster sesjeant out of xLe aeijeants, mA the drum u^y^r vut ^A Um; di ui/jMii;#M,
XJlviL Asd be it fortJuer ^sa»0Af^, tiiat •fv«?ry a^ijutwut. |iayii4iM^<?r, h^ir/^^/H^,
H{}Qr, quarttnuaiiUir ^r/^ioit, aerj^^itf^, ^/ryt/fiA\, dt^m nna^y/t, /m^^J
of the said sal'iua tousJ. U; m 4^ XtUMn^ nwfy'A% V/ a^jy t^\ w\»j^'\^
shall be in foPOfc for j*niii«»}.;iig mutjj'V a,jid a*ja»*;rti'^ mA i*H t'**; \MU-4 \^y
iDOit of ikA amrr and tii<erir vunsUfn,, tUiO Uit^ A/^i«;A4'r *A Wm, ^u'U*4 U*a;
command of ti^r ecii'»ue. -t xu*: •*:^lii>*?«it *jt */5tVA.'*'i<i Vy i*'i *<;i. i**- Uv/fi^'
XYTT FftcmiiEl' iJ»aj> aii'- *>*: i*. t^A^f^/^, t<.4f* w/ yi-t&m ivi^y ^»iM >4>y
any home f«f j*u*^*l«'i lauvr-Uii^iiii*?^**.^ ^f »^«'V '<'>- *•* - i*</ *•*/ '*» vi^^ik^^^^
TipirituiM liqu'i!* tir rt-un. out.!. t>; *^Aiii^**. 'A <>?**»/ ivj »)/*/» i#»^/i 'h r> # nuy n^
HiirffKimii 1)/
niiiiun.
mimtUMh
tufmm'tMm'uHm
k^tsiiuf A*0.
54* 49 Georqe IIL e 120. A.D. 1809.
J^*^ t^ drummer, or pjivate of the militia, while he Bhall continue such, be compelled
peace offlceis, to serve as a peace officer or a parish officer, or to serve in any of his Majesty's
*"■ sea forces,
OT^i'' XXX And be it ftirther enacted, that it ehaU be lawful for the colonel of
&C. while ' any regiment or battalion of the said militia, or in ' his absence the officer
OTibodirf'"" actually in command of such regiment or battalion, to direct the holding of
courts martial as herein-after directed for the trial of any serjeant major,
Serjeant, corporal, drum major, or drummer of such regiment or battalion by a
regimental court martial for any offence against this Act or against the Articles
of War committed during the time such regiment or battalion shall not U
embodied, but so that no punishment thereon shall extend to the loss of life
or limb ; and it shall be lawful for the colonel of the regiment or battalion to
which the person on whom such court martial is to be held shall belong to
order any officersi of the }niliti9> of the county, county of a taty or town or
place to which such regiment or battalion shall belong, actually resident within
the town where such serjeant major, serjeant, corporal, dnuu major, or drumineT
is to be tried, or within fifteen miles thereof, to attend and assist as membeis
of such court martial, who shall thereupon attend at the time required and
assist accordingly ; but no officer shall be entitled to receive pay for any such
attendance : Provided always, that no sentence of any court martial held as
aforesaid on any serjeant major, serjeant, corporal, drum major, and drummer
shall be put in execution until it shall have been confirmed by such colonel or
commanding officer.
*^e»"t^*«- XXXI. And be it fin-ther enacted, that any serjeant, corporal, or drummer
to the ranks, of the militia may, by sentence of a court martial or by order of the colonel
of the i^iment, be reduced to the condition of a private militia man, and such
person so reduced shall be bound to serve as such private militia man for any
time not exceeding fifteen months, in case the r^ment or battalion to which
he belongs shall not be then embodied or called out in actual service ; and in
case ihe regiment or batti^on to which he belongs shall be then embodied or
called out into actiial service, such person so ordered shall be bound to serve
as aforesaid imtil the disembodying of the said regiment or battalion ; and that
after the expiration of the time during which such serjeant, coi-poral, or
drummer shall be so bound to serve as a private man, such serjeajit, corporal,
or drummer, if not regularly re-appointed to the rank of a non-commJ^simiiil
officer or drummer, shall be discharged from the service.
MiUila officers, XXXII. AwD be it further enacted, that no officer serving in the militia of
courts niwti*! Ireland shall sit inanycom-t m'artial upon the trial of any officer, noji-cini-
onTegaiarMM., missioned officer, or soldier serving in any of his Majesty^s other foi-ces, nor
wUe. shall any officer serving in his Majesty's other forces sit in any court martial
upon the trial of any officer, non-commissioned officer, or private man serving
Exception. in the said militia : Provided always, that any colonel or officer serving in the
said militia, and at the same time holding a commission in any other of hi-
Majesty's forces on the half-pay thereof, may sit upon any court martial upon
the trial of any officer, non-commissioned officer, or private in his Majest}''^
, other forces, anything herein-before contained to the contrary notwith-
standing.
Miiiiia com- XXXIII. AsD be it further enacted, that the acceptance by any officer
w^^^^^ of the said nulitia, except the colonel, of any confmission in any of his Majas^'s
A.D. isoa
49 Gboege hi. c. 12a
545
regular forces ehaU, from the date of such commission so accepted, absolutely
vacate any commission such officer may hold in the miKtia of Ireland
XXXIV. Am> be it further enacted, that the acceptance of any commission
in any raiment or battahon of the said militia shall not nor shaU be construed
to wcate the seat of any member returned to serve in Parliament
XXXVI. Ai^ be it further enax^ted. that any person being a serjeant,
fetteman, or other pensioner on the establishment of JOhnainhal or Chelsea
Hospitals at the allowance of such hospitals or either of them, and being
appomted to serve in the militia, shall and may receive the said hospi J
1Sr'''.^A?[ Y P*^^'^"' *^'^^^ '^^^^' «^d any person who
duJl have faithfiilly served as a serjeant or as a corporal or drummer in tfie
mimhUa for twenty years, and wl^o shaU be discharged on account of a<re
or infirmity, shall on the recommendation of the commanding officer of the
regiment or battahon to which he belongs, be entitled to examination at the
Sr?/^ Tt' "^ ^%^P?« *^ ^ ^^^ 0^ the pension of such hospital,
if the said board should judge him deserving thereof: Provided always
If'w- 1,* ** \^^!^^^^ "'P*^*' ^«**«™an. o-^ other pensioner on the
«tabhshment omelsea Hospital who at anytime after the pacing of this
Act shall voluntarily enter into the miUtia of Ireland shaU be plac^ on thp
«,UbU8hnient of the RoyaJ Hospital of Kilmainham from the day of his having
entered mto such mihtia, and shall from such day and during his continuant
m the said mditia receive such pension, and no more, a^ a pensioner of the
hke class on the esta,bhshment of Kilmainham Hospital shall be entiUed to
Sh^entofcSii^^"''^^^^^^"'^ ""^^ establishment, and not on the
XXXm And be it further enacted, that all muskets, bayonets swords
tea, and accoutrements delivered for the service of the said militia shaU be
nih^TMr;"^^* ^^ ^''^ ""' '^^^^ (^) ^^^ '"^^ -- «^ *^e --*y
one in the
reguiar forccB,
Militia com-
mission shall
not .vacate seat
in Parliament.
Pensioners
serving in
militia shall
receive both pay
and allowance.
Serjeants, cor-
porals, and
drnmmers
discharged for
age or mfirmitjr
after twenty
years service in
the militia, on
being recom-
mended, may
be placed on
Kilmainham
pension.
Chelsea pen-
sioners enter-
ing militia
shall be entitled
to Kilmainham
pensions only.
Arms shall be
marked.
be Jawn out mto actud service, the several regiments and battaUons thereof
A^ unless tiie lord lieutenant or other chief governor or governors of Ireland
> the time being shaU order the contraiy. be respectively trained and exercised
m fteir respective counties once in every year, for twenty-eight days together
otte mamier herem-afler directed, at such time and pWe as shall tS
^t mconvenient V> the pubUck ; such time and place to be appointed W Z
^vemor, or where there are more governors than one of any Sy ttien by
^gavemors of each county respectively, at a general meeting toChdden
t^ rf frv°^ "^^^ respectively within such county, upon the
^«day that shall happen next before the twenty-fourth day of oXL L^
I rn^^T ' ° "-^ '"'^ ^""^ ^^ P^^« «« «hall be appointed by thiS
« more deputy governors of such county ; and during such time as Z
MS'tZlL"" "a^"^ "^ *c ^'"^'^ '^^ *''"^' *°^ *•"« appointment of the time and
9^ tot traming and exercise, Stat. Law Eev. Act, 1872 (No. 2).J
MM
Militia shall be
called out in
their coantics
for annual ex-
ercise when not
embodied;
546
49 Geobqe IIL c. 120.
A.D. 1809.
Beveral re^ments or battaUons of the said militia shall be aseembled leepec*
tively for the purpOHe of being trained and exercised, all the clauses, proviaioiLs,
matters, and things contained in any Act of Parliament which ahtiU bo ihea
in force for the punishing mutiny and desertion shall be in force with respett
to the said militia, and all the officers and private men of the same, in ^
cases whatsoever, but so that no punishment shall extend to loss of life or
limb.
XL, And be it further enacted, that notice of the time and place of tie
exercise of the militia men of each pariah shall bo sent by the clerk of tlie ^
general meetings to the chief or high constable or other officers of the severJ (
baronies or other divisions, with directions to forward the same to the constiMes I
or other officers within their respective baronies or other divisions; whirh
constables or other officers shall canse s^ch notice as aforesaid to be affisrd
on the outside of the doors of the church belonging to their respective pariehL's
or places ; or if any place has no church belonging thereto, on the outdde
of ^e doors of the church of some adjoining parish or place ; and all such
militia men shall duly attend at the time and place of exercise according Ui
such notice.
XTjT. And be it further enacted, that the clerks of the several subdiviaon
meetings in every county shall, ten days at least before the time so appoints!
for the annual exercise, cause a full and true list, specifying the names atl
dates of the enrolment of all the persons enrolled within each subdivisinu
respectively to serve in such regiment or battalion, to be transmitted to tho
commanding officer of such regiment or battalion, or to such person as shall U?
appointed by such commanding officer to receive the same, and shall in like
manner cause a duplicate of such list to be transmitted to the adjutant of such
regiment or battalion.
XLII. Ajn> be it further enacted, that every militia man, not Inbonring tmder aiy
infirmity incnpacitating liim, who Hholl not appear at the time and place appointed for
iinnuul exercise according; to the directions of this Act, notice having been pablished ss
this Act requires, ebalt be deemed a deserter, and if not taken until after the time of
Much cxcrcit^ shall forfeit and pay the Bum of ten pounds ; and also eveiy militia man
who having joined the regiment or battalion to whicli be belongs shall ilcsert or aWul
himself during the time of annual exercise, and »\iii\l not be taken tiil afF^r the time <ii
such exemse, Ehail forfeit and pay the sum of ten pounds ; and if in either case such
penalty shall not be immediately paid, the justice of the peace before whom any Bach
militia man shall be convicted of any such ofience iihall commit Much militia man to the
common gaol, there to remain without bail or miiinprii'^ for the space of six months, or
until ho shall have paid the penalty. fRep., Stiit. Law Rev. Act, 18V2 (No. 2).J
XUH. And be it further enacted, that if any jjeraon shall harbour, conceal,
or aasist any such deserter, knowing him to be such, tiic person so oflending
shall forfeit for every such offence a sum not exceeding twenty pounds w^
not less than five pounds.
XLIY. And be it further enacted, that in cose any militia, man shall sell,
pawn, or lose any of his arms, clothes, or accoutrements, or nogleet or refuse to
return the same in good order to his captain, or to the person appointed to
receive the same, every such militia man shall for every such offence forfeit
and pay a sum not exceeding five pounds.
(^aretora XLVI. And be it further enacted, that the colonel or other coniTnanding
x> chief secre- officer of every regiment or battalion of the said militia shall and he is licreby
and while
called out ihall
\>e salgect to
the Matin; Act.
Notice of time
and place nf
exercJBe shall
clerk of gene-
ral meetings to
chief coDKtable
of barony, and
by him to con-
stables of
pariBhee, to be
affixed to
chnrch doors.
Subdivision
clerks shall
send lisis
of personB
enrolled to
colonels, &c.
Penalty on
DiilLtia men
not appearing,
OT deserting,
A
iJ). 1809.
4j9 George ITI. c. 120.
547
leqnired, as often as the regiinent or battalion shall be so called out to annual
exercise, to return to the chief secretary of the lord lieutenant or other chief
govemor or governors of Ireland for the time being a true state of such regi-
ment or battalion ; and in case any such colonel or commanding officer shaJl
refnse or neglect for one month after the said annual exercise so to do, he shall
for every such offence forfeit and pay the sum of one hundred pounds.
XLVn. And be it further enacted, that when any regiment or battalion of
militia shall be assembled for the purpose of being trained and exercised, it
shall be lawful for the captain or commanding officer of every company to put
ihe militia men of his company under stoppages not exceeding sixpence pex
day, for the purpose of providing them with linen, and also with stockings
and other necessaries, and for defraying the expence of repairing any arms
which shall have been broken or damaged by any such militia man's neglect :
Provided always, that every such captain or commanding officer shall account
with each militia man for such stoppage, and after deducting what shall have
been laid out and paid for necessaries and for repairing the arms as afore-
said shall pay the sum remaining (if any there shall be) into the hands of
the militia man to whom the same belongs, before such militia man shall be
dismissed from such training and exercise.
XLVIIL And be it further enacted, that it shall be lawful for all mayors,
sovereigns, bailiffs, burgomasters, seneschals, constables, and the chief and other
magistrates and officers of cities, towns, parishes, and places, and (in their
default or absence) for any justice of the peace inhabiting within or near any
such city, town, parish, or place, and they and he are and is hereby required, to
quarter and billet the officers, non-commissioned officers, and private men
serving in the said militia at the times when they shall be called out to any
exercise, as "by law they may billet his Majesty's other military forces ; and
when the said militia is not called out for exercise or embodied, all mayors,
and other chief and other magistrates and officers aforesaid, or (in their default
or ahsence) any one justice of the peace as aforesaid, may and they and he
are and is hereby required to billet as aforesaid all Serjeants, corporals, and
drummers of the militia.
XLTX. AjtKD be it further enacted, that when the said militia shall be called
out to be trained and exercised, any justice of the peace of any county (being
thereunto required by an order from the govemor or governors, or any of
them, or from any deputy governors of such county, or from the colonel or
other commanding officer of the regiment or battalion of militia of such county
or any detachment thereof, being within such county) shall issue his warrant
to the chief or high constables of baronies, or to constables or other officers of
the several parishes or places from, through, or near to which any such regi-
ment, battalion, or detachment of militia shall be ordered to march, requiring
them to provide such sufficient horses and carriages to convey the arms, clothes,
accoutrements, and stores, with able men to drive the said horses and carriages,
M shall be mentioned in such order ; and in case such sufficient horses, car-
riages, and men cannot be provided within any such county, barony, parish,
or place, then any justice of the peace for the same or any adjoining county
shall upon such order as aforesaid being shewn unto him issue his warrant to
the chief or high constable or constables, or other such officers of any barony
<«f place within the same county or within such adjoining county or place, for
MM 2
tary of the
state of the
regiment when
caUed out to
exercise.
Penalty for
neglect.
Militia men
when as-
sembled for
training may
be put under
stoppages for
certain pur-
poses.
.Billeting
militia when
called out to
exercise, and
Serjeants, cor-
porals, &c.,
at other times.
Froyiding car-
riages, &c.
548 49 George III. c. 120. A.D. 1809.
the purposes aforesaid, to make up such deficiency of horses, carriages, tmd
men ; and such governor, deputy governor, or colonel or other commandiog
officer requiring such carriages and men to be provided as aforesaid shall at
the same time pay to every such chief or high constable or other officer, for
the use of the person or persons who shall provide such carriages and men,
Batesofpny- such respective rates and sums as shall be payable for carriages and men in
riagea. ^'^^ cases under any Act which shall be in force for the punishment of mutiny
and desertion and the better payment of thff army and their quarters, for
which respective sums every chief or high constable or other officer receiving
the same is hereby required to give a receipt to the person paying the same ;
and every such chief or high- constable, constables, or other officers shall order
and appoint such person or persons having horses and carriages within theit
respective baronies or places as they shall think proper to provide and furnish
such horses, carriages, and men according to the warrant aforesaid; and
every person so ordered is hereby required to provide and furnish the same
accordingly for one day's journey, and no more.
When a militia LIV. And he it further enacted, that in case any militia man shall on his
disabled by mai'ch or at any place where he shall be called out to annual exerdse be dis-
sickiiegB, any abled by sickness or otherwise, it shall be lawful for any one justice of the peace
may order him of the county or place, or any mayor or chief magistrate of any city, town, or
^^^ place where such man shall then be, by wanant under his band and seal to
order him such relief as such justice, mayor, or chief magistrate shall think
reasonable ; and the same shall be given by the collector of his Majesty's excise
of the place where such militia man shall then be ; and the collector giving
such relief shall upon producing an account of the expences thereof, be allowed
the same in his accounts, such account being first allowed under the hands of
two justices of the peace.
In case of ^y ^jJD be it further enacted, that in all cases of actual invasion, rebellion,
builiou, Jtc. or insun-ection, or upon immediate danger thereof, to be signified by proclama-
™'bod'ud'^' "" tion from the lord lieutenant or other chief governor or governors of Ireland
for the time being, it shall he lawful for the lord lieutenant or other chid'
governor or governors of Ireland for the time being to order and direct tbat
the militia of the said several counties herein-before appointeil to be raiseil ami
trained, or such parts of them as the lord lieutenant or other chief govumor or
governors of Ireland for the time being shall in his or th(;ir wiwiloni jiul^'i;
necessary, shall be drawn out and embodied, and that in such manner bs sh.>V
be best adapted to the circumstances of the danger, and to put the -sivid lorws
under the command of such general officers as the said loi'd lieutenant or other
chief governor or governors of Ireland for the time being shall be pleased to
appoint, and to direct the said forces by their respective officers into any parts
of Ireland, for the repeUing and prevention of any such invasion, and for tiiLi
suppression of any rebellion or insurrection therein ; and the officers, non-cnm-
miBsioned officers, drununers, and private men of the several regiments and
battalions of the said militia shall, from the time of their bemg drawn out and
embodied as aforesaid and until they shall be returned again to their respective
, ,., parishes or places of abode, remain under the command of such general officers;
and while cm- ' "^ i i f
bodied shall be and dunng such time as aforesaid all the provisions contained in auy Act ot
^hject to the Parliament which shall then be in force for punishing mutiny and desertion
ID. 1809.
49 GEOBaE III. c. 120.
549
and for the better payment of the army and their quarters shall be in force
with respect to the said militia, and shall extend to all the officers, non-
oonunissioned officers, drummers, and private men of the said militia in all
cases whatever.
LVL And be it further enacted, that the governor or governors of every
county in Ireland or any of them, or, on the death or removal of such governor
or governors, or during his or their absence from the county, any three or more
deputy governors, to whom any such order from the lord lieutenant or other
chief governor or governors of Ireland for the time being for embodying the
militia as aforesaid shall be directed, shall issue his or their order to the chief
or high constables or other officers of the several baronies or other divisions
within their respective counties, with directions to forward the same inmie-
diately to the constables or other officers of the several parishes and places within
their respective baronies ; and such constables and other officers are hereby
required, upon receipt thereof, forthwith to cause notice in writing to be given
to the several militia men, or left at their several places of abode within their
respective parishes or places, to attend at the time and place mentioned in such
order ; and if any militia man so ordered to be drawn out and embodied as
aforesaid (not labouring under any infirmity incapacitating him from serving
as a militia man) shall not appear and march in pursuance of such order, every
such militia man shall be liable to be apprehended and punished as a deserter
according to the provisions of any Acts which shall be then in force for punish-
ing mutiny and desertion ; and if any person shall hkrbour or conceal any such
militia man when ordered out into actual service, knowing him to be a militia
man, every such person shall for every such offence forfeit and pay the sum of
five pounds.
LVII. And be it further enacted, that from the date of the warrant of the
lord Ueutenant or other chief governor or governors of Ireland for the time
being for drawing the militia out into actual service, the officers, non-commis-
aoned officers, and private men of the militia shall be entitled to the same pay
Bs the officers and private men of his Majesty's other regiments of foot receive,
and no other ; subject nevertheless to the provisions contained in an Act made
in the forty-sixth year of his present Majesty's reign, intituled "An Act to
" amend two Acts, passed in the forty-second year of his present Majesty rela-
" ting to the militia of England and Scotland respectively, as to the pay of the
* officers and men of the said militia "; and if any non-commissioned officer,
drummer, or private man of the militia shall be maimed or wounded in actual
service he shall be equally entitled to the benefit of Kilmainham or Chelsea
hospitals with any non-commissioned officer, drummer, or private man belonging
to any of his Majesty's other forces.
LVIII. And be it further enacted, that when any regiment or battalion of
militia shall be drawn out into actual service, and during the time they shall
continue in actual service^ the colonel thereof shall and may appoint an agent
to such regiment or battalion, and shall take security from such agent
LIX. And be it further enacted, that when the militia of any county shall
tc ordered out into actual service the collector of his Majesty's excise of such
connty or place shall and he is hereby required forthwith to pay to the order
of the colonel of the regiment or battalion of militia so ordered out the sum of
one guinea for the use of every private nulitia man belonging to his regiment
Governon of
counties shall
issue orders
to chief con-
stables, and
they to con-
stables, to give
notice to mili-
tia men to
assemble.
Militia men
not attending
shall be treiuted
as deserters un-
der the Mutiny
Act ; penalty
on harbouring
them.
3iUlitia when
caUed out,
shaU have pay
of regulars
(subject to
46 Geo. 3.
c. 140.).
Men wounded
shall be en-
titled to the
benefit of Kil-
mainham and
Chelsea hos-
pitals.
When militia
b embodied,
colonels may
appoint agents.
CoUector of
excise shall
pay to order
of the colonel
of any regiment
ordered into
actual service,
•■■.
640 49 George III. c. 110, 120. A.D. 1809.
CHAPTER ex.
Ak Act to rectify a Mistake in an Act mode in this Session of Farlianient,
for continuing and making perpetual seTeral Duties of one Shilling and
. Sixpence on Offices and ^Employments. [IStli Jmie 1809.]
Wf HEEIEAS an Act passed in the present session of Parliament, intituled J]
4gOeo.3.c32. "An Act for continuing and making perpetual several duties of one
" sbilling and sixpence, repealed by an Act of the last session of Pariiamoit,
" on offices and employments of profit^ and on annuities, pensions, and stipends,
" and thereby granted for one year, to the 25th day of March one thousand
" eight hundred and nine " : And whereas the duty of sixpence chained in the
said recited Act for and upon all salaries, fees, and wages payable for and in
respect of offices of profit granted by or derived from the crown, which before
the passing of the said recited Act had been rated or assessed in manner
therein aforesaid, and for and upon all pensions and annuities chaiged upon
the revenue of Great Britain, over and above all other dnties before the
passing of the said recited Act charged or payable-, is chargeable and ought
to have been charged for every twenty shillings of the yearly valae or
amount thereof respectively : Se it therefore enacted and declared by the
King's most excellent Majesty, by and with the advice and consent of the lords
spiritual and temporal, and commons, in this present Parliament assembled,
ThedDtjof and by the authority of the same, that the said duty of sixpence in the aaii
. ^f(^"^^ "**, recited Act and the schedule thereto annexed mentioned is and shall be
maationed ihaU chaiged and chargeable for every twenty shillings of the yearly value or
CTCTT^en^ amount of all such salaries, jfees, and wages payable for or in respect of offices
ahiibngs of the of profit granted by or derived from the crown, which before the passing of
J^Jg^^j^ the said recited Act were rated or assessed in manner thereio mentioned, and
for and upon all pensions and annuities charged upon the revenue of Great
Sritain, over and above all other duties before the passing of the said recited
Act charged and payable.
CHAPTER CXX.
An A<7r for amending and reducing into One Act of FarHament tlie several
Laws for raising and training the Militia of Ireland. [Iflth June 1809.]
117 HEREAS it is expedient that the laws now in force for mining and
' ' training the militia of Ireland should be repealed, and that new
provisions should be made for the same ;
Namber of H. Anb be it further enacted, that the several regiments or battalions of
Tegiments ana mjlitia in Ireland shall respectively be as follows ; that is to say, there shall
each coanty be for the county of Cork two regiments, each of eight companies ; for each
and connty of gf jjjg counties of the Cities of Cork and Dublin, one regiment of eight com-
panies ; for each of the counties of Tyrone, Galway, Londonderry, Tipperaiy,
Donegal, and Wexford, one regiment of ten companies ; for each of the counties
of Antrim, Meath, Waterford, county and county of city, Kerry, Monaghan,
Armagh, King's County, Limerick, Kilkenny, county and county of dty, and
Roscommon, one raiment of eig^t companies ; for the county of Mayo two
battalionB, each of seven companies ; for each of the counties of Clare, Queen'9
I
A.D. 180a 49 Georqe III. c 120. 541
County, Wicklow, Westmeath, Leitrim, Cavan, Sligo, Fermanagh, Dublin,
Longfcvrd^ Eildare, and Carlow, one battalion of six companies; for the
county of the city of Limerick, one battalion of six companies ; for the comity
of Louth (including the county of the town of Drogheda) one regiment of nine
companies ; and for the county of Down two battalions of six companies.
IIL Pbovided always, and be. it enacted, tiiat it shall and may be lawfiil Lord lieutenant
for the lord lieutenant or other chief governor or governors of Ireland for the may^Bunnent
time being, by and with the advice of his Majesty's Privy Council in Ireland, regim^ts not
from time to time, taking into consideration the number of men fit and liable compwiiM.
to serve in the said militia in any county or county of a city which by this
Act is required to raise any regiment or battalion consisting of less than ten
companies, and also taking into consideration the proportion which such
number of men shall bear to the numbers of such men in other counties or
counties of cities, to order that any regiment or battalion consisting of less
than ten companies shall be augmented by increasing the number of companies '
therein respectively ; so always that no battalion consistiug of six companies
nor any regiment consisting of eight companies shall be augmented by more
than two companies; and that no battalion of seven companies nor any
regiment of nine companies shall be augmented by more than one company ;
and that every such company so to be added shall contain and consist of the
same number of officers, non-commissioned officers, drummers, and privates
respectively as the other battalion companies of the same regiment or battalion
shall from time to time consist of ; and that the men of such companies shall
be raised in like manner as the men of the other companies of such regiment
or battalion.
IV. And be it further enacted, that it shall and may be lawful to and for the lord Appointment
lieutenant or other chief governor or governors of Ireland from time to time, as occa- ^^ colonels by
fiion shall require, to appoint a colonel for every such regiment or battalion of militia in r^^ lieutenant
Ireland: JRep., Stat. Law Rev. Act, 1872 (No. 2). J m^&o^'
V. And be it further enacted, titat the other officers of the several regiments other officers
and battalions of militia aforesaid, according to the ordinary establi^ments of regiments
hereafter mentioned, shall be as follows respectively ; that is to say, one lieu-
tenant colonel and one major to each regiment or battalion, and one captain,
one lieutenant, and one ensign to each battalion company : Provided also, and
it shall be lawful for every battalion to have one company of grenadiers or Grenadiers and
light infantry, to which, instead of one lieutenant and one ensign, two lieu- ^ ^'
t^mnts shall be appointed ; and it shall be lawful for every regiment to have
one company of grenadiers, and also one company of light infantry, to each of
which companies, instead of one lieutenant and one ensign, two lieutenants
shall be appointed.
VI. And be it further enacted, that the ordinary establishment of each Ordinary
company in the said militia shall be sixty-five privates, four Serjeants, five ^y!fiy™^°'
corporals, and two drummers ; and that in each regiment or battalion there privates, Sec
shall be two staff Serjeants, that is to say, a serJeant-major and a quarter-
master Serjeant, and also a drum major, and two fifers, over and above the
said Serjeants, corporals, drummers, and privates directed for each company ;
and that to each regiment or battalion there shall be one adjutant, one pay-
master, one quartermaster, one surgeon, and one assistant surgeon; and to
each and every regiment whose establishment shall be one thousand rank and
file, or more, there shall be two assistant surgeons.
'542
49 Oeosge III, c. 120.
A.D. 1809.
!.•
VIL And be it further enacted, that in case the colonel of any repment or
battalion of tho said militia shall be deeirous of keeping up a greater nomber
of drummers than two per company to be employed as fifera or musicians for
tiie use of the said re^ment or battalion, and shall be willing to defray the
expence of such additional drummers, it shall and may be lawful for such
colonel to retain in such regiment or battalion any number of the dnunmets
who shall be employed as fifers or musicians therein over and above the
number of two drummers per company established by this Act, and at any
time hereafter to eng^;e any additional number of drummers to act as fifera
or musicians accordingly ; and all such drummers so retuned, or in future
engaged to serve in any such cases as fifers or mnsicians, shall be deemed
drummers of militia to all intents and purposes whatsoever, and shall be sub-
ject to the same orders, reflations, penalties, and punishments as other
drummers of militia shall by law from time to time be subject to, and Bh&U
continue to serve as drummers so long as they shall receive the same pay and
clothing aa other drummers have, or better pay and clothing in lieu thereof
and no longer.
Colooeli Bball X. Amd be it further enacted, that it ehM be lawful for every colonel of the uid
appomt offioen. miiiti*, when appointed, from time to time to appoint the number aforesaid respec-
Urely of lieutenant colonels, m^ors, adjutants, paymasters, sni|:eoae, qnartermastera
and assietant surgeons, and all other officers for his regiment or battalion, ....
JEep, Stat. Law Rev. Act, 1872 (Ho. 2).f
XII. Ahd be it further enacted, that the commanding officer for the time
Ci^chirf^. being of each regiment or battalion of the militia in Ireland shall have the
mandorrc^- chief command of such regiment or battalion, notwithstanding any order,
m'^noreof'* direction, matter, or thing contained in any commission or appointment of a
— ^_. ... governor or goveinors of any county in Ireland.
of colonel, hia
In tbe abKnce XIV. Akd bo it lurther enacted, that when any colonel of any regiment or
battalion of militia shall be absent from the United Kingdom, all poweis
t which shall from time to time be given by law to such colonel, whether in
filling vacancies in such regiment or battalion or in any other way whatso-
ever, shall be vested in and lawfully may be exercised by the next ofiicer in
command in such regiment or battalion who shall be residing within tiie
United Kingdom, until such colonel shall be returned to the United Kingdom,
and shall have notified his arrival to the officer entitled to exercise the said
powers during his absence ; and all acts, matters, and things done by sucti
officer next in command as aforesaid in exercising the powers legally rested
in colonels shall be good and valid in the law equally aa if they hod been
done by the colonel himself.
XXL Ash be it further enacted, that every adjutant to be appointed m
aforesaid shall be a person who shall have actually served in some of bis
Majesty's regular forces for the space of three years, or in the embodied
militia for five years, or for such time in the embodied militia as together
with his service in the regular forces shall in the whole make five years ; and
if such adjutant shall be appointed out of his Majesty's other forces, he shall
J
LD. 1809.
49 George III. c. 120.
543
during his service in ihe militia preserve his rank in the army in the same
manner as if he had continued in that service ; and it shall be lawful for the
colonel of any regiment or battalion of militia to appoint the adjutant of such
raiment or battalion to the rank of captain by brevet, provided such adjutant
has served five years as adjutant in the militia, or in his Majesty's other
forces, : Provided always, that no such appointment
to the rank of captain shall be valid, unless in the instrument grianting the
same it be specified in what regiment or battalion,- arid whether of the militia
or of his Majesty's other forces, such adjutant hath served, and what was
or were the date or dates of his commission or commissions : Provided also,
that no adjutants so appointed to the rank of captain shall by the date of
such appointment as aforesaid or otherwise be entitled to rank above or to
command any captain of a company in the militia.
XXIL And be it further enacted, that no person
who is or shall be surgeon of a county hospital or infirmary established by
Act of Parliament shall be capable of serving in the militia while he continues
smgeon of such hospital or infirmary.
XXIII. And be it further enacted, that no person who at any time afker
the commencement of this Act shall be appointed adjutant, paymaster, sur-
geon, quartermaster, or assistant surgeon in the said militia shall be capable
of holding any commission in the said militia, save and except the commission
of adjutant, paymaster, surgeon, quartermaster, or assistant surgeon respec-
tively ; and that no officer holding any commission in the said militia shall be
capable of being appointed adjutant, paymaster, surgeon, quartermaster, or
assistant surgeon.
XXIV. And be it further enacted, that all staff serjeants, Serjeants, cor-
porals, drummers and fifers shall and may from time to time be appointed
by the colonel of the regiment or battalion ; and that all staff serjeants,
seijeants, corporals, drummers and fifers may be discharged by such colonel
from time to time ; and that all staff serjeants, serjeants, corporals, drummers
and fifers who shall at any time have received any pay as such from any
regiment or battalion shall be deemed to be engaged, and be compellable to
serve in such regiment or battalion until they shall be discharged by the
colonel of the regiment or battalion to which they shall respectively belong.
Sui^geons of
ooanty hos-
pitals, &c. dk-
qualified as
surgeons of
militia.
Adjutant, pay-
master, &c.
shall not hold
any other com-
mission.*
Officers holding
commissions
shall not he
appointed
adjdtsnts, &c.
Appointment
of seijeants,
&c
XXVL And be it further enacted, that the colonel of any regiment or
battalion of the said militia may appoint the serjeant major and the quarter-
master Serjeant out of the serjeants, and the drum major out of the drummers.
XXVIL And be it further enacted, that every adjutant, paymaster, surgeon,
Serjeant major, quartermaster serjeant, serjeant, corporal, drum major, and
drummer of the said militia shall be at all times subject to any Act which
shall be in force for punishing mutiny and desertion and for the better pay-
ment of the army and their quarters, and the Articles of War, under the
command of the colonel of the regiment or battalion to which he belongs.
Seijeants nugor
and dram
migor.
Adjutants, &c.
shsJl he always
snlgeot to the
Mutiny Act«
XXIX. Provided always, and be it enacted, that no person who shall keep
any house of publick entertainment, or who shall sell- any ale, or wine, or
spirituous liquors by retail, shall be capable of being appointed or serving as
a seijeant^ corporal, or drummer in the militia ; nor shall any serjeant, corporal.
Seijeants, &c«
shall not keep
puhlio-houses.
; ' SH 49 Gkobob IlL c. 120. A.D. 1809.
!■ ehSi^TbS drnmmer, or private of the militia, while he shall continue Boch, be ccanpdled
peace affioen, to serve as a peace ofHcer or a parish officer, or to serve in any of his Majesty's
: *"■ sea forces.
\ M^Z?" ^^^ ^^^ ^^ "^ further enacted, that it ahaU be lawful for the colonel of
[: &C. wMe ' ' any regiment or battalion of the said militia, or in his absence the officer
' raibodi^!"*' actually in command of such regiment or battalion, to direct the holding of
S ■ courts martial as herein-after directed for the trial of any seijeant major,
!, Serjeant, corporal, drum major, or drummer of such re^ment or battalion by &
regimental court martial for any offence against this Act or against the Articles
F of War conunitted during the time such regiment or batt^on shall not be
^ embodied, but so that no punishment thereon shall extend to the loss of life
I, or limb ; and it shall be lawful for the colonel of the regiment or battahon to
s which the person on whom such court martial is to be held shall belong to
s order any officer^ of. the piijitia of the county, county of a city or town or
S place to which such regiment or battalion shall belong, actually resident within
E the town where such serjeant major, serjeant, corporal, drum major, or druimner
i is to be tried, or within fifteen miles thereof, to attend and assist as members
t . of such court martial, who shall thereupon attend at the time required and
, assist accordingly ; but no officer shall be entitled to receive pay for any audi
I attendance : Provided always, that no sentence of any court martial held aa
^ aforesaid on any seijeant major, seijeant, corporal, drum major, and drummer
I shall be put in execution until it shall have been confirmed by such colonel or
^ commanding officer.
I SeijMntfl, 4c. XXXI AuD be it further enacted, that any serjeant, corporal, or drummar
' to the ranks. '^^ the militia may, by sentence of a court martial or by order of the colonel
\ . of the r^;iment, be reduced to the condition of a private militia man, and such
person so reduced shall be bound to serve as such private militia man for imj
time not exceeding fifteen months, in case the r^ment or battalion to which
he belongs shall not be then embodied or called out in actual service ; and in
caee the regiment or battalion to which he belongs shall be then embodied or
called out into actual service, such person so ordered shall be bound to serve
as aforesaid until the disembodying of the said regiment or battalion ; and that
after the expiration of the time during which such serjeant, corporal, or
drummer shall be so bound to serve as a private man, such serjeant, corpora],
or drummer, if not regularly re-appointed to the rank of a non-commissionei
officer or drununer, shall be discharged from the servica
Militia officers, XXXII. AiTD be it further enacted, that no officer serving in the militia of
coartsmartiil Ireland shall sit in any coui-t m'artial upon the trial of any officer, niiii-c<>[ii-
oDrcgalan,&c., missioned officer, or soldier serving in any of his Majesty's other foi-ces, nor
wise. shall any officer serving in his Majesty's other forces sit in any court martial
upon the trial of any officer, non-commissioned officer, or private man serving
Exception. in the said militia : Provided always, that any colonel or officer serving in tlie
said militia, and at the same time holding a commission in any other of his
Majesty's forces on the half-pay thereof, may sit upon any court martial upon
the trial of any officer, non-commissioned officer, or private in his Majesty's
, other forces, anything herein-before contAined to the contrary notwith-
standing.
Militia com- XXXIIL Am) be it ftu^er enacted, that the acceptance by any officer
wT^p^"^ of theaaidmilitda, except thecolonei,of any confmission inanyofiisMajeety'
J
ID. 1800. 49 Gboboe III. a 120. 545
regular forces shall, firom the date of such commission so accepted, absohitoly ^^^ *" ^Y
vacate any commission such officer may hold in the militia of Ireland.
XXXIY. And be it further enacted, that the acceptance of any commission Mllitin oom-
in any regiment or battalion of the said militia shall not nor shall be construed "JIJ ViuJuuriwit
to vacate the seat of any member returned to serve in Parliament, in I'tirltuincui.
• •'* * • * • * #
XXXVI. And be it fiirther enacted, that any person being a serjoant, renMiotiom
letterman, or other pensioner on the establishment of Kilmainham or Cbolsoa JnUhll^Khail
Hospitals at the allowance of such hospitals or either of them, and being wo«lv4iboihpiiy
{^pointed to serve in the militia, shall and may receive the said hospital
aUowance, together with his pay from the said militia ; and any person who Horjoatitu, oor-
shall have faithfully served as a Serjeant or aa a corporal or drummer in the {jj^ilji^ri
mi militia for twenty years, and wl\o shall be discharged on account of age ArnhMuM for
or infirmity, shall, on the recommendation of the commanding officer of the JftI^Mw"iity" ^
regiment or battalion to which he belongs, be entitled to examination at the y^'arn miTv'm* In
Kilmainham board, and be capable to be placed on the pension of such hospital, )ycL^ ric</m.
ifthe said board should iudge him deserving thereof: Provided always, . . mondul, imiy
• that any serjeant, letterman, or other pensioner on the Kilmttltiham
establishment of Chelsea Hospital who at any time after the {lassing of this ih^«>o»»
Act shall voluntarily enter into the militia of Ireland shall be placed on tlu;
establishment of the Koyal Hospital of Kilmainham from the day of his having Ch«J«« p«^n-
entered into such militia, and shall from such day and during his continuance in^mimn
ia the said militia receive such pension, and no more, as a pensioner of the i»httii|M? nitiUwl
like class on the establishment of Kilmainham Hospital shall l)c entitled to peniiouN only,
receive, as if he had been originally on that establishment, and not on tlie
establishment of Chelsea.
XXXVn. And be it further enacted, that all muskets, l>ayonet«, swordn, Armn nhall \m
stores, and accoutrements delivered for the service of the said militia shall Ik5
marked in some distinct place with the letter (M) and the name of the county
to which they belong.
IXXXIX'I. And be it further enacte^l, that when the said militia shall m/t Mifltl««hall U
be drawn out into actual service, the several regiments and liattalions Dutrcof Jh"i^r'*#wiml%
sball/unless the lord lieutenant or other chief govenuir or governors of Ireland f*frM$uitul un-
for the time being shall order the contrary, be resficctively tvBintA and exercis^rd *^Zt\uT\ ^
in their respective counties once in every year, for twenty-eight ^lays U^ether,
in the manner herein-afl^^r direct^-d, at such time and \AHf'ji an hliall }Ki the
least inconvenient to the publick ; such time and place to \a SL\f\i(}iniAA by th«
governor, or where there are more governors than one of any county, th^m by
the govemors of eadi county respectively, at a general uifjdiu^ to }ft hohh-ji
at their usual plaee of meeting r€Sf>ectiv<:ly within htu:h crmnty, ijfym th/j
Toesday thai shall happen next Vrfore the twenty-fourth d^y //f ^iet//Ujf in
every year, or at such other place then;in, and at HUf^t tjn»4 tu^ uUfill U$
appcunted by such gorenK^r or i^ovem'/r», ^/r in d^ult of any kiu:U u$i'j'iiftif
or appojittment, then at s*ich t.'rr»e an/J pla/;^ eji kYi^II ^a fki^ff^/tuU'A by tUn-M
or more deputy gor^^ttor* cf *5i';h *'//nuiy ; »nd flnnua knfU tAtut-. hh iUn
piaee for tcuaiag aad excrdd^ rr^M. L^w lU-i, A/t, 1^72 ^ So. 2)\
VOL. IT. N N
548 49 Geobge III. c 120. A.D. 1809,
the purposes aforesaid, to make up such cteficiency of horses, carriages, and
men ; aod such governor, deputy governor, or colonel or other commanding
officer requiring such carriages and men to he provided as aforesaid shall at
the same time pay to every such chief or high constahle or other officer, for
the use of the person or persons who shall provide such carriages and men,
BateBofpay- such respective rates and sums as shall be payable for carriages and men m
ridges. ''^^ casos Under any Act which shall be in force for the punishment of mntiny
and desertion and the better payment of the army and their quarters, for
which respective sums every chief or high constable or other officer receiving
the same is hereby required to give a receipt to the person paying the same ;
and every such chief or high constable, constables, or other officers shall order
and appoint such person or persons having horses and carriages within their
respective baronies or places as they shall think proper to provide and furnish
such horses, carriages, and men according to the warrant aforesaid; and
every person so ordered is hereby required to provide and furnish the sane
accordingly for one day's journey, and no more.
wten a miiJtift LIV. AifD be it further enacted, that in case any militia man shall on his
diaabied by march or at any place where he shall be called out to annual exercise be dis-
BictuiG88,auj abled by sickness or otherwise, it shall be lawful for any one justice of the peace
may order him of the county Or place, or any mayor or chief magistrate of any city, town, oi
™''^' place where such man shall then be, by warrant under his hand and seal t*
order him such relief as such justice, mayor, or chief magistrate shall think
reasonable ; and the same shall be given by the collector of his Majesty's excise
of the place where such militia man shall then be ; and the collector giving
such relief shall upon producing an account of the expences thereof, be allowed
the same in his accounts, such account being first allowed under the hands of
two justices of the peace.
In case of LV. AjJD be it further enacted, that in all cases of actual invasion, rebellion,
boHion, &c. or insurrection, or upon immediate danger thereof, to be signified by proclania-
""'hodied^' ** ^''^'^ from the lord lieutenant or other chief governor or governors of Ireland
for the time being, it shall be lawful for the lord lieutenant or other chief
governor or governors of Ireland for the time being to order and direct that
the militia of the said several counties herein-beforc appointed to be raised and
tnuned, or such parts of them as the lord lieutenant or other chief governor or
governors of Ireland for the time being shall in his or their wisdom jiidpf
necessary, shall be drawn out and embodied, and that in such manner as sliall
be best adapted to the circumstances of the danger, and to put the said forces
under the command of such general officers as the said loi'd lieutenant or other
chief governor or governors of Ireland for the time being shall be pleased io
appoint, and to direct the said forces by their respective officers into any parta
of Ireland, for the repelling and prevention of any such invasion, and for tU
suppression of any rebellion or instirrection therein ; and the officers, nmi-niin-
missioned officers, drummers, and private men of the several regiments and
battalions of the said militia shall, from the time of their being dra^vn out and
embodied as aforesaid and until they shall be returned again to their respective
parishes or places of abode, remain under the command of such general offieeis;
bodied hhallbe and during such time as aforesaid all the provisions contained in any Act of
Mui*"' A ?"' Parliament which shall then be in force for punishing mutiny and desertioa
AJ). 1809.
49 Geoboe III. c. 120.
549
and for the better payment of the army and their quarters shall be in force
with respect to the said militia, and shall extend to all the officers, non-
commissioned officers, drummers, and private men of the said militia in all
cases whatever.
LVL And be it further enacted, that the governor or governors of every
county in Ireland or any of them, or, on the death or removal of such governor
or governors, or during his or their absence from the county, any three or more
deputy governors, to whom any such order from the lord lieutenant or other
chief governor or governors of Ireland for the time being for embodying the
militia as aforesaid shall be directed, shall issue his or their order to the chief
or high constables or other officers of the several baronies or other divisions
within their respective counties, with directions to forward the same imme-
diately to the constables or other officers of the several parishes and places within
their respective baronies ; and such constables and other officers are hereby
required, upon receipt thereof, forthwith to cause notice in writing to be given
to the several militia men, or left at their several places of abode within their
respective parishes or places, to attend at the time and place mentioned in such
order ; and if any militia man so ordered to be drawn out and embodied as
aforesaid (not labouring under any infirmity incapacitating him from serving
as a militia man) shall not appear and march in pursuance of such order, every
such militia man shall be liable to be apprehended and punished as a deserter
according to the provisions of any Acts which shall be then in force for punish-
ing mutiny and desertion ; and if any person shall h^bour or conceal any such
militia man when ordered out into actual service, knowing him to be a militia
man, every such person shall for every such offence forfeit and pay the sum of
five pounds.
LVn. And be it further enacted, that from the date of the warrant of the
lord lieutenant or other chief governor or governors of Ireland for the time
l)eing for drawing the militia out into actual service, the officers, non-commis-
^oned officers, and private men of the militia shall be entitled to the same pay
as the officers and private men of his Majesty's other regiments of foot receive,
and no other; subject nevertheless to the provisions contained in an Act made
in the forty-sixth year of his present Majesty's reign, intituled " An Act to
" amend two Acts, passed in the forty-second year of his present Majesty rela-
" ting to the militia of England and Scotland respectively, as to the pay of the
** officers and men of the said militia "; and if any non-commissioned officer,
drummer, or private man of the militia shall be maimed or wounded in actual
service he shall be equally entitled to the benefit of Kilmainham or Chelsea
hospitals with any non-conunissioned officer, drummer, or private man belonging
to any of his Majesty's other forces.
LVIIL And be it further enacted, that when any regiment or battalion of
militia shall be drawn out into actual service, and during the time they shall
continue in actual service, the colonel thereof shall and may appoint an agent
to such regiment or battalion, and shall take security from such agent
UX. And be it further enacted, that when the militia of any county shall
be ordered out into actual service the collector of his Majesty's excise of such
county or place shall and he is hereby required forthwith to pay to the order
of the colonel of the regiment or battalion of militia so ordered out the sum of
one guinea for the use of every private militia man belongmg to his regiment
Governon of
counties shaU
issue orders
to chief con-
stables, and
they to con-
stables, to give
notice to mili-
tia men to
assemble.
Militia men
not attending
shall be treated
as deserters un-
der the Mutinj
Act ; penalty
on harbouring
them.
Militia when
called out,
shall have pay
of regulars
(subject to
46 Geo. 3.
c. 140.).
Men wounded
shaU be en-
titled to the
benefit of Kil-
mainham and
Chelsea hos-
pitals.
When militia
is embodied,
colonels may
appoint agents.
Collector of
excise shall
pay to order
of the colonel
ofanyreffiment
ordered into
actual service.
id Gbohoe III, c. 1 20.
AJ). 1809.
accounted for;
mender pud
at elections of
meoibcrs of
Parliament.
EnlUtmont of
militin men
into regular
forces, void.
OT battalion ; and the aaid collector shall also pay to the order of sach colonel
the sum of one guinea for every recruit as early as may be after such recruit
shall have joined hia company while out in actual service' as aforesaid (all
which money so paid by such collectors shall be allowed th^n in their accounts) ;
and all money so received, or so much thereof as such colonel shall think
proper, shall be laid out in the manner he shall think most advantageous for
the respective militia men ; and before any militia man shall receive his
discharge an account shall be rendered to such militia man how the eaid bdhi
of one guinea hath been applied and disposed of, and the remainder of the sud
money, if any, shall be paid to sudi militia man.
LX. And be it further enacted, that when the said militia or any part
thereof having been drawn out into actual service as aforesaid shall be again
duly disembodied, and the officers and private men thereof dismissed to retain
to their several places of abode, the officers, non-commissioned officere,
drummers, and private men shall be subject to the same orders, directions,
and engagements only as they were subject to under the provisions of this
Act before they were so drawn out into actual service, except as herein-aftet
mentioned.
LXI. And be it further enacted, that every person having served in the
militia when drawn out into actual service, being a married man, may set up
and exercise any trade in any town or place in Ireland without any let, Buit^
or molestation of or from any person or persons livhatsoever for or by reason
of exercising or using such trade, as freely and with the same provision and
under the same regulations as any inhabitants of such places might or could da
LXII. Provided always, and be it enacted, that any officer or non-com- |
missioned officer of the militia or private militia man having voice or vote
at any election to be held in Ireland for any member or members to eerve
in Parliament shall, if he or they shall require, have leave for a reasonable
time, to be expressed in such leave, to go to and return from such election ;
and no such officer, non-commissioned officer, or private shall be liable to any
penalty or puniahment for or on account of his absence during the time
expressed in such leave.
LXIIL And be it further enacted, that in case any officer, serjiiant, or ottior
person shall at any time wilfully and knowingly enlist any man to serve in
hisJIajuaty's regular forces who at the time of such enlisting uliall lui t-nrollcd,
or ballotted, or engaged to serve in the militia, except under the pnivisinns nf
any Act in force at the time of such enlisting, and especially aiithoriziiiL,' such
enlisting into his Majesty's regular forces, every such enlisting shall be dwmed
null and void ; and in case any militia man at the time of offering to enlist
as aforesaid shall deny to the officer, seijeant, or other person recruiting fw
men to enlist and serve in his Majesty's other forces, that he is (at the time of
his offitring to inlist) a militia man then actually enrolled and engaged W
serve (which the said officer, setjeant, or other person is hereby required to
ask every man offering to enlist in his Majesty's other forced), or shall offir
himself to be enlisted and serve in any other regiment or battalion of miiiti^''
any militia man so offending shall on conviction thereof upon the oath of o''"^
witness before any one justice of the peace be committed to tho common ga"'
or house of correction, there to remain without bail or mainprize for flnu
daring any time not exceeding six calendar months, over and above an/
J
JLD. 1809.
49 Geobge hi. c. 120.
651
penalfy or puniahment to which such person so offending is or shall be otherwise
liable ; and every person so offending shall from the day on which his engage-
ment to serve in the militia shall end, and no sooner, belong as a soldier to
such corps of his Majesty's other forces into which he shall have so enlisted,
to serve therein from such day for the full period of service for which he shall
have originally engaged, and which service shall commence upon the day on
which he may be discharged from the militia, and not before ; and if any Penalty on
officer, seijeant, or other person shall enlist any man belonging to the militia ^Sl^g'miUtia
to serve in his Majesty's forces, knowing him to belong to the militia, or ™^*
without asking him if he belongs to the militia (except under the special
provisions of any such Act in force as aforesaid), every such officer, serjeant,
or other person shall for every such offence forfeit and pay the sum of twenty
pounds ; and if any person actually serving in any of his Majesty's other forces Penalty on
shall offer himself to serve and be enrolled as a substitute in the militia, every i^etf^T"^
person so offending shall forfeit and pay to the person informing of such militia man.
offence the sum of ten pounds, or be committed to the conunon gaol or house
of correction for any time not exceeding three months.
LXy. And be it enacted, that for the more effectually carrying into execution the Governors of
purposes of this Act it shall be lawful for the governors of the several counties and connties, &c.
counties of cities in Ireland, or the majority of governors where there shall be more ?*y appoint
Aan one appointed for any county or county of a city, from time to time to appoint so ^^^ gover-
Buwy and such persons, duly qualified as herein-after mentioned, and living within their
respective coimties, as he or they shall think fit to be deputy governors for every county
or county of a city in Ireland having a regiment or battalion of militia, the names of
sich persons having been first presented to and not disapproved of by the lord
lieutenant or other diief governor or governors of Ireland for the]time being. |Rep.,
Stat. Law Rev. Act, 1872 (No. 2).J
LXXIV. And be it fiirther enacted^ that the governor or governors of any Appomtment
county, or county of a city or town, or the majority of them, shall from time ^ner^eet-
to time appoint a clerk of the general meetings to be holden as herein-after ings.
directed, and may displace such clerk, if such governor or the majority of
governors, where there is or shall be more than one, shall think fit, and appoint
another in his room ; and the deputy governors within the respective sub- SnbdiviMion
divisions, or the major part of those resident in any subdivision, shall also
from time to time appoint a clerk for their respective subdivisions, and may
displace such derk if they or the major part of them shall think fit, and
^point another in his room : Provided always, that no derk of the general
meetings shall be appointed to be a derk of any subdivision, and that no
8ubdivisional derk shall be appointed to be derk of the general meetings.
TiXXV. And be it further enacted, that a book shall be kept by the derk Olerka of rab-
of every subdivision, in which book all proceedings to be had imder this Act enter proceed-
or any Act relating to the said militia at every subdivision meeting shall be '°g* ™ books,
duly and fuUy entered ; and in the said book the names of the governors and
deputy governors present at every such subdivision meeting respectively shall
be set down and spedfied, and at the foot of every day's proceedings such
subdivision clerk shall sign his name, and every subdivision derk shall from
tune to time, together with the amended lists of names herein-after mentioned,
transmit to the derk of the peace a list of the names, ages, and residence of
all such persons as shall at any and every such meeting have been excused
552 49 Geobge IIL c 120. A.D. 1809.
from serving in the said militia, together with the cause for which they were
so excused ; and Buch subdivision clerk shall also once in the year, at least ten
days previous to the annual general meeting in October, transmit to the cleric
of the general meetings of the county a copy of the proceedings of all- the
subdivisional meetings in the preceding year, signed and attested as a tme
copy by such clerk of such subdivision.
Payment of I/SXVI, And be it further enacted, that the collector of his Majesty's
sttandance* "^ revenue for any county shall pay to the clerk of the general meetings the sum
of five pounds thirteen shitlingg and ninepence for each meeting, and shall
also pay to the clerks of the several subdivision meetings the sum of one
poimd two shillings and ninepence for each subdivision meeting, on such
clerk respectively producing to such collector an order from the governor or
governors, deputy governor or deputy governors, present at such meeting, or
any two of them ; and such payments shall be allowed in every such collector's
not exceeding accouuts : Provided always, that no clerk of any general meeting, shall be
certain sums, entitled to receive in any one year more than thirty guineas, nor any clerk of
any subdivisional meeting more than twenty guineas from the collectors of his
Majesty's revenue for hia attendance at such meeting respectively, any law to
Clerk! ehflU the contrary" notwithstanding : Provided also, that every clerk of a general or
fo**n^''"''^ subdivisional meeting shall before he be entitled to receive any payment as
ibeit dutj, aforesaid severally enter into recognizance before a justice of the peace, which
recognizance every justice is hereby empowered to take, the clerk of the
general meeting in the sum of fifty pounds, and the clerk of a subdivisional
meeting in the sum of thirty pounds, conditioned that he shall duly and
diligently attend his duty as derk for one year from the date thereof; and
that in every order to the collector of his Majesty's revenue for payment to
any derk his having entered into such recognizance shall be certified, or such
order shall be void and of no efiect,
LXXVII. Amd in order to make compensation to the clerk of the peace mi
JKep., Stat. Law Rev. Act, 1872 (No. 2).l the clerk of the subdivisional mcctinga
PreBBntmenta for the trouble imposed on them by this Act, be it therefore enacted, that it
auiw^eMo ^^^^ '°® 1*^"' ^'^^ ^ grand juries at assizes, and for the grand juries of the
cleAsof peace county and county of the city of Dublin at pi'esenting terms, to present to be
cl^rin! '*"' raised off the county at large, and paid to the clerk of the peace, for his troiililc in
the execution of the militia laws, any sum not exceeding twenty pounds u year ovtr anil
above all other eama which by law they are now empowered to present to be i'aiil
to him, and to present to be raised in like manner {Rep^ Stat. Law Rev. Aci, 1^73
(No, 2).I and paid to such clerk of a subdivisional meeting a sum .iftLT tlif
rate of six shillings for every one hundred names of persons contained iu
the amended and other lists made under the provisions of this Act for tlio
subdivisions of which lie shall be clei-k.
Bo present- LXXVTII. PROVIDED always, and be it further enacted, that if any clerk uf
^ for'^lerk the peace or JRep., Slat Law Rev. Act, 1872 (No. 2).i clerk of the subdivision
neftleciing meeting shall in any county or county of a city neglect or omit to do iiny
"''■ act which by this Act he is required to do, no presentment shall be made or
fiated at any assizes in such county or county of a city, or at any term if in
the county or city of Dublin, for any money to be paid to him.
General meet. LXXIX. And be it further enacted, that general meetings of the governor
"^ miTa^' '^^ governors ^nd deputy governors of every county or county of a city ot
A.D. 1809. 49 George III. c. 120. 653
town shall be holden in some town of every such county, and such general puty govern
meetmgs shall consist of the governor or governors or any of them, together ^®"*
with one deputy governor at least, or, on the death or removal or in the absence
of the governor or governors or all of them, then of three deputy governors at
the least, of every county or county of a city or town respectively ; and such
general meetings shall be holden within every county, and within each of the
said counties of the cities of Dublin, Cork, and Limerick, and of the town of
Drogheda, by or under the orders of the lord lieutenant or other chief governor
or governors of Ireland for the time being, in manner herein-after mentioned ;
and such general meetings shall also be held annually upon the Tuesday that Fint aimnal
shall happen next before the twenty-fourth day of October in every year, and p»v'** "*^
when and as often as any governor or any two deputy governors as aforesaid
shall find it necessary for carrying the purposes of this Act duly and fully
into execution ; and that such governor or deputy governors shall and may,
by notice in writing to the clerk of the general meeting, siunmon or cause to
be summoned such general meetings, on any days to be fixed by such sum- other general
monses, of which places of holding such meetings respectively notice shall be «n«*'*t'ng».
given by the derk of the general meetings in any newspaper, if any there
shall be, published in such county or county of a city, fourteen days at the
least before the day appointed for holding such meeting respectively.
LXXX. And be it further enacted, that such governors and deputy governors, Countien to he
or a competent number thereof, appointed at any general meeting, shall or ^^^^»^ l"^
may divide every such county into such subdivisions as they shall think most
expedient for the purposes of this Act, and shall or may change the same from
time to time as they shall think proper: Provided always, that the sub-
divisions heretofore made and established, or which before the commencement
of this Act shall be duly made and established, shall remain and continue until
the same shall be duly altered, as if this Act had not been made : Provided
also, that it shall not be lawful for any governors or deputy governors to
divide any county into any greater nmnber of subdivisions than shall be
equal to four times the number of bai'onies contained in such county, without
the express approbation and consent of the lord lieutenant or other chief
governor or governors of Ireland for the time being in that behalf obtained
LXXXL Akd be it further enacted, that subdivisional meetings of the SobdiriMOMl
governor or governors and deputy governors within the said subdivisions of '■«<^'»^
the respective counties or counties of cities or towns shall be holden from
time to time, and every such subdivisional meeting shall consist of two mem-
bers at the least, and shall and may be held at such times and places within
the siud subdivisions respectively as shall be directed at any general mr^etin'^
duly convened, or as shall be appointed by notice in writing to the clerk of
such subdivision by any governor or by any deputy governor resident within
sach subdivision ; and that every deputy governor of any county sliali if lie
thinks fit attend all subdivision meetings of such county^ and act an^l vote
therein as if he was resident in such subdiviiiion.
LXXXTT. And be it further enacted, that all general and nuMivWiim tahtt' Mymnmeott
ings to be from time to time holden under thii» Act sfiall ari/1 may adjourn n» <^«»*r^ **^
they shall find expedient for the execution of thi« Ai^i; aii^i in ea^ tlje tm^ilusn
number of governors or deputy governors n^^mrM Up forut any general
meeting or subdivisional meeting shall not att^n^i at Um^ i»everal time« and
ao; regiment.
5S4 19 Geobge hi. c. 120. A.D. 1809.
places respectively appointed for such general or aubdiviBional meetingB re-
spectively, then and in eveiy such case the clerk of such general or Bubdivi-
sioml meeting, as the caee may be, shall adjourn such general or subdivifflonat
meeting respectively to some subsequent time, not exceeding the distance d
seven days, to be holden at the same place.
No«ce of LXXXIII. And be it further enacted, that the respective clerks of the
roeetiiim'"' subdivision meetings shall forthwith, or as soon as conveniently may be after
any subdivision meeting shall have been appointed, give notice in writing of
the time and place of meeting, and of the purpose for which the same is to be
held, to the governor and governors, and also to such of the deputy govemon
who shall be resident within such subdivisions respectively.
Regulations for LXXXIV. And be it fiirther enacted, that whenever either for the forming
eeneral m^' &i^y regiment or battalion of militia in Ireland, or for filling up any vacancies
iiips, and ob- therein by death, desertion, or lawful discharge, the lord lieutenant or other
a ballot for chief governor or governors of Ireland for the time being shall order that the
men tofoim necessary number of men shall be raised by ballot, and that new lists shaU
to supply ' be iretumed for the several districts, parishes, and places within the county,
county of a city or town, or district to which such regiment or battalion
belongs, and such order shall be notified by proclamation in the Dublin
Gazette, or by the letter of the chief secretary for the time being to any
governor or governors of the county or county of a city to which such r^-
ment or battalion shall belong, then and in every such case the governor ot
governors of such county or county of a city or any of them shaJl forthwith
summon a general meeting to be held therein within ten days from the date
of such proclamation or the receipt of such letter ; and the governor or
governors and deputy governors, or a competent number thereof, asspmbled at
such general meeting, shall appoint a convenient place and time, not more
distant than twenty days or sooner than eight days, for a meeting in every
subdivision vrithin the county, county of a city, or district to which such
regiment or battalion beloiigs ; and they shall also issue their commands in
writing to the several high or chief constables, or where there shall not be a
high or chief constable, to some other peace officer, or to the coUector of the
public cess in each barony of such county or district, or in such county of a
city, reqiiiring each of them to issue an order under his hand to all constables
or other ofiicers of every parish or place within his district to make cut fair
and true lists of all male persons usually or at the time resident or dwelling
within such parish or place, within the ages of sixteea and fotty-fivo years,
distinguishing the profession, trade, or occupation of each, according' to the
form in schedule (A.) annexed to this Act, and when the true name uf any
such person cannot be procured, setting down his common appellation, which
will be sufficient, and also distinguishing such as labour under any iniirmity
likely to incapacitate them iirom serving as militia men, and to return the
same to the meeting appointed as aforesaid to be held in the subdivision
where such parish or place is situated i-espectively, verifying upon oath at
the foot thereof that he has formed the said list or lists faii'ly, honesfcly, and
impartially, without favour, affection, or malice towards any person, and that
he had used his best endeavours to discover the names of all the male inhabi-
tants of the parisb or district for which he has made a return, and that the
name of every person whom he discovered to be dwelling or residunt mtbin
1
A.D. 1809.
49 George III. a 120.
555
gQch parish or place, and who is liable and required by law to be inserted
therein, is inserted therein.
LXXXV. Provided always, and be it enacted, that if in any county or
county of a city or town such general meeting shall not be held within the
time aforesaid, it shall and may be lawful for any one governor of such county
or county of a city or town, within six days after the expiration of the time
for holding such meeting, to make divisions of such county, county of a city
or [town as aforesaid, if not already divided, appoint times and places for
sabdivisional meetings, and issue orders for making out and returning lists in
mamier aforesaid ; and every such division, appointment, or order shall be as
valid to all intents and purposes as if the same had been made at a general
meeting as aforesaid.
LXXXVI. Provided also, and be it enacted, that if in any parish or place
there shall be no constable or other oflSlcer, or such constable or other officer
shall refuse to receive the order which shall be given to him as aforesaid to
make out the lists, the chief or high constable or other peace officer or collector
receiving the conmiand as aforesaid shall appoint a fit and proper person to
act as constable therein for the purpose of executing this Act and no other.
LXXXVIL And be it further enacted, that no person being one of the
people called Quakers shall be appointed chief, high, or petty constable or
other officer for the purpose of carrying any of the regulations of this Act
into execution : Provided always, that if any person shall be appointed to any
such office, and shall refuse to accept thereof by reason of his being one of the
people called Quakers, and shaU. produce a certificate under the hands of two
or more reputable housekeepers, being of the people called Quakers, dated
within the three months immediately preceding the day on which it shall be
produced, acknowledging such person to be one of their persuasion, thereupon
some other fit and proper person shall be appointed chief, high, or petty
constable, or other officer in the room of such Quaker, in order to carry this
Act into perfect execution.
LXXXVIIL And be it further enacted, that if any constable or other officer
shall neglect or refuse to make or return the list or lists which by this Act
he shall be required to do, and be thereof convicted by his own confession, or
on the oath of one credible witness before any justice of the peace, he shall
forfeit the sum of ten pounds, to be levied on his goods and chattels under the
warrant of such justice, or in defaidt thereof he shall be committed to gaol,
there to remain for the space of six months, or until such sum shall be paid.
LXXXIX. And whereas the fi'equent attendance of the several high and
petty or parish constables is required to carry this Act into execution : Be it
enacted, that from and after the passing of this Act the collector of his
Majesty's revenue for every county shall pay to every high constable the sum
of eleven shillings and four-pence half-penny, and to every petty or parish
constable the sum of five shillings and five-pence, for each and every day the
said high, petty, or parish constables shall be certified under the hands of the
persons presiding at any general or subdivisional meeting to have been actually
in attendance or on duty in carrying this 'Act into execution : Provided that
the whole sum to any high constable shall not exceed twenty pounds in any
one year, and that the whole sum to any such petty or parish constable in any
Governors of
counties may
act on fulure of
general meet-
ings.
Appointment
of special
constables for
purposes of Act.
Quakers shall
not be con-
stables.
Snbstitutes for
Quakers ap-
pointed.
Penalty on
constables not
returning lists.
Allowances
to constables
for their at-
tendance.
556
49 Oeorqb III. a 120.
A.D. 1809.
■tables and
for diiobedi-
Penalty on
induciD); con-
Htablea to maka
fitlra lists.
^Ttsofa
in different
counties sball
be conudered
Bi separato
Ibe respective
Connties.
TJsti of pa-
rishes may be
miited for the
ballot.
one year shall not exceed the sum of twelve pounds ; and such payinonts lihall
be allowed in every collector's accounts.
XC. And be it further enacted, that it shall be lawful for the governor,
governors, or deputy governors within any suijdiviBion from time to time to
issue their order or warrant under their hands and seals requiring the attend-
ance of any constable or other officer of the parish or place within such
subdivision, at such time and place as in such ordei' or warrant tsLall Ik
expressed ; and if such constable or other officer shall refuse or neglect to
appear according to such order or warrant, and if any chief or high constable,
or other officer of any barony, or -other officer of any parish or place, whethor
appointed under this Act or otherwise, shall refuse or neglect to return any
such list as before directed, or to comply with such orders and directions a^
they shall respectively from time to time receive from the said governor or
governors or deputy governors in pursuance of this Act, or shall in making sucli
return be guilty of any fraud or wilful partiality or gross neglect in hk duty, the
said governor or governors, or deputy governors, or any three or more of them,
are hei-eby empowered and required to commit the person so offending to the
common gaol, there to he kept without bail or mainprise for the space of one
month, or at their discretion to fine such person in any sum not e:sceeding five
pounds nor less than forty shillings,
XCI. And be it further enacted, that any person who shall by gratiiJt)',
gift, or reward, or by promise thereof, or of any indemnification, or by monaoes
or otherwise, endeavour to prevail on any chief or high constable or other
officer to make a false return of any list for any parish or place, or to erase or
leave out of any such list the name of any man who ought to be returned
therein to serve as a militia man, every such person for every such offence
shall forfeit and pay the sum of fifty pounds ; and if any man shall revise to
tell his chiistian or surname, or ehaU falsely tell a christian or surname, or if
any person shall refuse to tell the christian or surname of any man lodging or
residing within his or her house, or shall knowingly tell any false name,
pretending it to be the true name of any such man, to any constable or other
officer authorized by this Act to demand the same, such person shall forfeit
and pay the sum of ten pounds.
XCII. And be it further enacted, that whenever any parish in Ireland, or
any parishes episcopally or perpetually united, or any part thereof respectively,
shall be situate in two or more counties, the respective governor or governors
and deputy governors of the several and respective counties within whicli any
part or parts of such parish or united parishes so divided shall be situate shall
comprize such part of any parish or united parish so divided as is situatixl
within their own county in sucli district or subdivision of such county as shall
be most convenient for the purposes of carrying this Act into execution, as if
such part of a parish or united parishes were a distinct parish within sutli
county; and the constable or constables of such district or subdivision shjiN
from time to time return the names of the inhabitants of such part of evoij
such parish or united parish as live within such county and subdivision to tins
best of their knowledge and ability to the subdivisional meeting, in order that
the ballot may be made in such county from lists made accordingly.
XCIIL And be it further enacted, that it shall be lawful for the saiJ
governor or governors or deputy governors within) their respective divisions
A.D. 1809.
49 George III. c 120.
557
to add together whensoever they shall think it necessary the lists for two or
more parishes or places or parts of parishes or places, and proceed upon such
lists added together in like manner as if they had been originally returned for
one parish or place, so as to make the choice of militia men by ballot within
eveiy such subdivision as equal and impartial as possible.
XCIV. And be it further enacted, that if the list of any parish or place
shall be lost or destroyed it shall be lawful for the governor or governors or
deputy governors within any such subdivision, or any two or more of them, to
cause a new list as aforesaid in any such parish or place to be made and
returned to them at their next subdivision meeting, in the same manner as the
list lost or destroyed was made^and ought to have been returned to them by
the direction of the general meeting.
XCV. And be it further enacted, that the governors and deputy governors
at each subdivisional meeting appointed as aforesaid shall immediately proceed
thereat to inquire into the fitness for service of all persons named in the lists
returned to them, and select their names, and hear such objections as shall be
made on the part of such as they shall so select, and in making such enquiry
and selection it shall be lawful to and for such governors and deputy governors
to examine upon oath, which oaths, as also the oath to be taken by the person
making the return, they or any of them are hereby required and empowered
to administer ; and when such lists shall be so prepared by such inquiry and
selection they shall appoint a day and place for the next meeting, to be held
at a day not more distant than ten or sooner than six days, and the derk of
the meeting shall forthwith deliver copies of the lists so made respectively to
the several constables or other persons who res|)ectively returned the general
lists, to be by them affixed without delay on the outside of the door of every
church and other place of divine worship in the parish or place to which said
list was made, or at the usual place or places therein for posting notices within
such parish or district, specifying at the foot thereof the day and place ap-
pointed for the next meeting, and that all persons who think themselves
aggrieved by the insertion of their names, or by the omission of the names of
others in such lists may then appeal, and that no appeal will be afterwards
received.
XCVI. Provided always, and be it further enacted, that no peer of this
realm, nor any person who shall act as a commissioned officer in any regiment,
troop, or company in his Majesty's other forces, or in any of his Majesty's
castles or forts, nor any non-commissioned officer or private man serving in
any of his Majesty's forces, nor any commissioned officer serving or who has
served four years in the militia, nor any person enrolled in any troop or com-
pany of yeomanry, who Shall produce a certificate from the commanding officer
of such troop or company that he has punctually attended the exercise of the
troop or company to which he belongs for three months immediately preceding
the day on which he shall have been ballotted to serve in the militia, accord-
ing to the provisions of an Act made in the forty-second year of his present
^jesty's reign, intituled, " An Act to enable his Majesty to accept and con-
*' tinue the services of certain troops or companies of yeomanry in Ireland/'
nor any person being a member of the university, nor any clergyman or
licensed teacher of any separate congregation, nor any justice of peace,
constable, or other peace officer, nor any articled clerk, apprentice, seaman, or
New lists in
the room of
lists lost, &c.
Settling lists
of names at
subdivision
meetings.
Lists when
settled to be
posted on
church doors
with notice of
time and place
for appeals.
Persons ex-
empted from
serving in the
militia.
Hearing of
appeals uad
oorTectiDg
lists.
Certificates to
clerks of gene-
ral meetbgs.
Aonual retarn
of lists to Privy
Council.
General meet-
ing for appor-
tioning tbc
DumbraHafmen
to be raised by
each parish.
558 49 Geobge III. c. 120. A.D. 1809,
seafaring man, nor any person doing duty in his Majesty's ordnance for tbe
service tiiereof, or at any magazine or other storehouse belonging to his
Majesty or under the directions of the board of oriiance, nor any poor man
not worth ten pounds in goods or chattels, or who does not pay five pounds a
year rent in the whole for lands, tenements, and cottake or crophold, for the
crop or by the year, who has more than three children bom in wedlock living
and under the age of fourteen, shall be liable to serve personally or provide a
substitute according to the <lirection8 of this Act ; and no person having
served personally or by substitute in any regiment or battalion of militLa ahall
be obliged to serve again until by rotation it shall come to his turn ; but no
person who has served only as a substitute shall by such service be exempted
from serving ^ain if he shall be chosen by ballot.
XCVII. And be it further enacted, that at eveiy subdivision meeting for
hearing appeals the persons presiding shall enquire upon oath into the alle-
gation of every person who shall appear personally to support his appeal, or on
whose behalf, if he shall be sick or absent, an appeal shall be brought, which
oath they or any of them are hereby empowered to administer; and they shall
strike out of the list every person who shall appear to them to Iw unfit to
serve or to be legally exempted from serving ; and they shall likewise insert
in such list the name of any person who it shall appear to them ought to be
inserted therein and shall have been omitted ; and they shall forthwith return
to the clerk of the general meeting a certificate under their hands of the
number of men contained in the list of eveiy parish or place after such amend-
ment thereof, for the use of the general meeting ; and they shall likewise send
to the clerk of the peace a full and accurate copy of every such amended list
under their hands and sealsj countersigned by the clerk of the meeting, to he
by him filed and kept among the records of the county, which eipy shall l>e of
equal authenticity for every lawful purpose respecting the militia, anil of all
proceedings and acts to be done under this or any Act for raising, eml>odying,
or regulating, or otherwise respecting the militia, as the original, in ca&o the
original shall be lost, effaced, or mislaid.
XCnil, Amd be it farther enacted, that the custos rotulorum or senior
governor in case of the absence of the custos rotulorum of every county shall
and he is hereby required to transmit to his Majesty's Privy Council annually,
as soon after the returns of men shall have been made to the general meetings
as the same can be done, an account in writing of the true state of the nunihei
of persons fit and liable to serve in the militia for such county, in the form of
schedule (B.) to this Act annexed.
XCIS. And be it fui-ther enacted, that a general meeting of the governors
and deputy governors of every county respectively shall be summoned by tho
clerk of the general meetings, immediately on his receiving such cci-tificates or
any of them, to be held within seven days thereafter and not sooner than four
days, for the purpose of apportioning the ntmiber of militia men to be raised
on the several subdivisions, parishes, or places ; and the persons who shall
preside at such general or other meeting shall appoint what number of men
shall be the quota or proportion for each parish or place to furnish or keef
supplied to the militia of the county, county of a city or district, apportioninfr
the whole number of the militia, non-commissioned officers and dmrannerB
included, as nearly m may be, to the numbers contained in the certified lisisof
J
AJD. 1809.
49 OlfcORGE in. c 120.
559
each parish or place ; and the derk of such meeting shall forthwith give notice
thereof to the several sabdivisional clerks^ who shall enter and file the same
for the use of their respective subdivisionsy and he shall also give a copy
thereof signed by himself to the derk of the peace, to be by him filed and
kept among the records of such county ; and such general meeting shall appoint
meetings to be held in the several subdivisions for the purpose of choosing by
ballot the number of persons to be furnished from each subdivision to the
miUtia.
C. And be it enacted, that the governor or governors with the deputy
governors of any county, or a competent number, of them, assembled at any
general meeting, may alter the allotment of the number of men to be raised in
each respective barony, parish, or other division to serve in the militia, whenever
it shall appear to them that any such allotment is injurious to any barony,
parish^ or other division.
CL And be it further enacted, that at every subdivisional meeting so to be
held for ballotting, whether the same be for forming any regiment or battalion
or for supplying any deficiency of men, or filling up any vacancy or vacandes
therein, the person or persons presiding at such divisional meeting shall forth-
with cause the number of men which each parish or place ought then to furnish
to be forthwith chosen by ballot, in manner following ; that is to say, the
names of all persons contained in the aforesaid list for such parish or place
shall be fairly written on distinct pieces of paper, being as near as may be of
equal size, and rolled up in the same manner, and put into a box, case, or bag
by the derk, and thereout the names shall be impartially drawn by one of the
persona presiding, or some indifierent person, until the whole number which
such parish or place ought then to furnish shall be drawn ; and the person or
persons presiding at such subdivisional meeting shal] appoint another meeting
of the subdivision, to be held within seven and not sooner than four days, and
shall cause notice thereof to be given to each person drawn by the ballot,
requiring him to appear at such other meeting, and shew cause, if any he can,
why he shoidd be excused, or there to enrol himself or produce a sufficient
substitute, who shall be approved of or enrolled, such notice to be left at his
place of abode two days at the least before the day of his appearance, or in
ease he shall have no place of abode, or the same cannot be discovered, such
notice to be affixed on the door of the church and other places of divine worship,
and in all places where notices are usually posted in such district or parish,' two
days at least before the day for his appearance ; and if he shall not appear,
and proof shall be made upon oath of Such notice having been given or affixed,
and no suffident cause on oath shaU be given for his not appearing, or if he
shall not be excused when he shall so appear, or produce a substitute as
aforesaid, he shall be adjudged liable to serve, and serve accordingly.
CII. And be it further enacted, that if it shall appear to any justice of the
peace, governor, or deputy governor that any person drawn by a ballot is not
a lessee of any land or lands or house in the subdivision in which he shall be
drawn for years or for life or lives, it shall be lawful for him to issue hia
warrant for bringing such person before him, and to bind him, together with
one sufficient surety, in the sum of twenty pounds for his appearance at the
next subdivisional meeting, and from meeting to meeting, until he shall be
diacharged or enrolled ; and if he shall refuse to be so bound or shall neglect to
Sabdivision
meetings for
choosiiig the
men by ballot.
Apportionment
may be altered.
Ballot at sub-
division meet-
ings.
Notice of sub-
sequent meet-
ing, at which
menballotted
most appear,
appeal, be en-
rolled, or pro-
duce Bubsd-
tutefl.
Sureties for
appearance
of ballotted
men not hold^
ing lands in the
subdivision.
560 49 George IIL c. 120. AJ). 1809.
find such surety, such justice is hereby required to order the clerk of the sub-
division to enrol his name, aad he shtdl be delivered over without delay to the
proper officer of the militia^ to serve for such term as a man drawn by ballot
shall be bound to serve : Provided always, that nothing herein contained shall
extend to prevent any such person from having or taking the benefit of My
exemption or appeal to which he may by law be entitled.
Men ballotted CIII. And be it further enacted, that every person so chosen by ballot who
shall so appear at such meeting, and shall not be excused or provide a subatitute,
^hall there take the following oath ; that is to say,I'J
and Kibstitutra And that every substitute and every volunteer, and every man who shall be
'''*"* ' raised by any parish assessment in manner directed by this Act, who shall so
appear at such meeting, or who may be at any time enlisted to serve in such
militia, shall take the following oath ; that is to say.J'I
^1, and be enrolled. And every such person shall be enrolled in a roll to be then and there
¥ prepared for that purpose to serve in the militia of said county or city as a
^' militia man accordingly; and that in the certificate of such attestation the
r day of the month when such oath was administered shall be specified in
I. words and not in figures, and that if any such attestation shall be antedated,
>. the person knowingly antedating the same shall, if an officer, be cashiered, and
J- . if a magistrate or deputy governor shall become liable to and incur the penalty
s of fifty pounds on conviction thereof.
^ Ballotted men CIV. PROVIDED always, and be it further enacted, that if any person so
eut«tfbite8 chosen by ballot shall procure and produce for his substitute a man able and
vho if ap- fit for service, and who shall be approved of by the said governor or goveraora
wke theoath OF deputy governors, or any three or more of them, such substitute so pro-
and beenrolled. duced and approved shall be enrolled to serve in the militia of such county or
city as a private militia man for the space of five years, and also for such
further time as the militia shall remain embodied, if at the expiration of the
said term of five yeai-s the regiment or battalion lo which such man phall
belong shall be on service out of such county or city, and such eubstitutt shall
take the oath herein-before appointed to be taken by a substitute or volun-
teer I*J ; and any person so chosen by ballot for whom such siibstitute slial!
have been so produced, enrolled, and sworn as aforesaid] shall ho exei!i]iki!
from service in the militia, in the same manner as if he himself had ^arvvi
Men enrolled according to the directions of this Act : Provided that no person who sliaJl be
deemed militia hereafter em-olled in the said militia, whether as a ballotted man or suhstitate
men till ap- or volunteer, shall be deemed to be fully approved of, so as to exonerate the
cokmel, &c, " person or persons, district or districts bound to provide such man, or to enfide
and MugeoDs. guch man to receive the second instalment of his bounty if a volunteer, unless
and until such approbation shall bo expressed by tlie commaniling officer of
the regiment or battalion, or some proper officer by him appointed, and also
by some person or persons duly appointed or authorized by or under the army
medical board to hold a medical inspection of such person.
J' So much of this Act as prescribes the form of oath to be taken by persons bnliottWi
and by Bubstitutcs and Tduntccrs raised under this Act, rep., 51 Geo. S, c. 118. & 2j
A.D. 1809.
49 George III. c 120.
561
CV. Provided also, and be it enacted, that when it shall appear to the Discharging of
governor or governors and deputy governors or any of them, who shall be persons mfirm,
aasembled and competent to preside at any subdivision meeting, that any bailotted.**^
person chosen by bidlot to serve in the militia is unable by any infii-mity, or
not being of the heighth of five feet two inches, or is otherwise unfit for
service, it shall be lawful for the governor or governors or deputy governors
so assembled, and they are hereby required, to discharge such person, and
immediately to amend the list for the place for which such person shall
have been ballotted by stiiking his name out of the same, and cause another
person to be chosen in his stead by baUot according to the directions of
this Act.
CVI. And, for the ascertaining what numbers may be actually serving for
any particular parish or place in cases where a ballot is to be held for filling
up vacancies, or in any other cases ; be it enacted, that eveiy commanding
officer of a regiment or battalion of militia shall, within seven days after the
first day of October in each and eveiy year, and as often as he shall be required
80 to do by the governors or deputy governors at any general meeting, send
to the clerk of the general meeting of the county or county of a city to which
his regiment or battalion belongs a full and accurate account of the names of
all non-commissioned officers, drummers, and privates serving at the time in
his regiment or battalion, specifying the several parishes or places for which
each man serves or is set down to serve, as far &s it has come to his know-
kdge ; which list shall by the clerk of the general meetings be filed and
jreserved for the use of the governor or deputy governors.
CVII. And be it further enacted, that the persons who shal) preside at any
general or other meeting which shall be held by virtue of this Act for the
purpose of apportioning the militia shall set down to the credit of each parish
or place all such men in tlie said account as by such account or by other
sofiScient documents shall appear to be serving for the, same; and that the
remaining men shall be divided by lot among the several parishes and places
aforesaid within the county or county of a city or town in manner following ;
that is to say, the person presiding at such meeting shall cause the names of
all the men so remaining in the said list, after all such credit being given,
to be fiurly written on distinct pieces of paper, being as near as may be all
of equal size, and rolled in the same manner^ to be put into a box, and they
shall also cause the names of the several parishes or places on which any
appointment shall have been made of the number of men to be furnished
to the miUtia, fairly written on distinct pieces of parchment or paper, being
as near as may be all of equal size, and rolled up in the same manner, to be
pat into another box ; and they or he, as the case may be, shall cause one
indifferent person publicly and fairly to draw a roll out of one box, and one
other indifferent person to draw in like manner a roll out of the other box,
and the name of the person so drawn out of the one box ;ihall be immediately
set down to the credit pf the parish or place so drawn out of the other box,
and the roll containing the name of such parish or place shall again be
returned into its box, rolled up in like manner as before, and so the said
drawing of the rolls shall be continued by drawing one out of each box at a
time, always shaking each box before each drawing, until all the names con-
VOL. IV. N N
Whenvaoancies
are to be filled
up returns Hhull
be made to
clerkB of peace
by command-
ing officerH*
shewing the
parishes for
which the men
serve.
Men serving
for each parish
shall be set
down to its
credit;
and the remain-
der appor-
tioned by ballot
among the
parishes.
562 49 George IIL c 120. A.D. 1809.
tained in the first box shall be completely drawn and set down to the credit
of the parish or place respectively with which they shall be drawn -. Provided
always, that so eoon during such drawing as there shall be set down to Q»
credit altogether of any parish or place the lull number of the quota it is to
fumifih its name shall not be ^aia put into the box until the whole of tbe
drawing shall be over.
Notice to nib> CVIII. AND be it further enacted, that as soon as the numlier of men to be
*lark™^ oias i**i8ed from each particular parish or place shall be ascertained as aforesaLl. ■
to be ruBed by ihe clerk of the general meetings shaJl send notice to every siibdivision*!
eicfa pwiih. clerk of the quota or proportion of men which each parish oi' [ilace i
subdivision is to furnish to the militia ; and shall seed a cojiy nf the i
of the several men set down to the credit of each such parish or- ]>lact;. specifj.
ing opposite to each name the distinct cause of such credit ; iind every sul»-
divisional clerk shall respectively lay such copy before tlw siibdivisioial
meeting which shall next meet for the purpose of taking a ballot.
Vacancies BhaU CIX. And be it further enacted, that whenever any vacancy or vacancia
** "PP"?* shall happen in the regiment or battalion of militia for any country or coi
lists. of a city or town by death, desertion, or lawfiil discharge, and it shall not tw
provided by law or directed by the lord lieutenant or other chief governor or
governors of Ireland that the same shall be filled by enrolling; volunteers, tb»
clerk of the peace shall, within seven days after he shall recivc an account
thereof under the hand of the officer commanding the regiment or battalim,
^ve notice thereof to the clerk of the subdivision in which the pavi^li or pUn
where the person or persona who has or have occasioned kucIi vacancy or
vacancies shall have been respectively set down to serve for i^ s^ituated, and
such derk shall summon a subdivisional meeting to be held within sev
d&jrs, to provide a man or men to serve in his or their room, ;md a manor
men shall at every such meeting be chosen by ballot, to be IilM in manner
DMertenie- herein-before prescribed; and in case any deserter shall at any time return
^•^^^^ to his re^ment or battalion, or be taken, he shall, notwithstanding any person
Kneiuaddl- shall 80 have been chosen in his room, be compelled to serve in the
tion to men manner and for the said term as if no person had been so chosen i
enoeen to lap* ^
ply their roOm.
Amendmem CX. AMD be it further enacted, that if through the neglect, or mistake of
fl^^Sft. *°y chief or high constable, constable, or other person, or from any othff
iffiiii nambere cause, the full number of men appointed for any subdivision ^lioiddnotb*
not enrolled. ^^^ enrolled at any meeting appointed for that purpose, then tin- gowmw
or govCTOors and deputy governors, or any two or more of theui, m.iy and m
hereby required iuunecliately to cause the list to be amended, and to proceed
to a fresh ballot, and to adjourn their meeting or appoint other meetings, an
repeat the amending of the lists as often ss may be necessary and expediest
Meo choKQ to for carrying the purposes of this Act duly and fully into execution ; and il
'"ke^eoath gjij] \^ lawful for any one governor or deputy governor to administer th"
oath herein-before required to be taken by persons to serve in the mihtia, t"
any person ballotted for under the' directions of this Act, or t u any penwn
who, being qualified as this Act requires, shall ofFer to serve a:* a substitute or
volunteer; and such governor or deputy governor is herebv niii-horizdi w
direct and require the clerks of the subdivision for which evtry -ue!) person,
iJ). 1809.
49 George III. c. 120.
563
by whom the said oath has been taken before him is to serve, to enrol the
name of eveiy such person, together with the date of the day on which the
laid oath was so administered to him, in the roll of such subdivision.
CXI. And be it farther enacted, that the respective clerks of the sub-
diyirional meetings shall, as soon as the militia men are enr9lled, transmit to
the clerk of the general meetings, and to the colonel or commanding ofScer, a
list, specifying the names and trades and places of abode of aU such militia
men us are enrolled, and where there are substitutes, the names, trades, and
places of abode of the persons in the room of whom they were enrolled as
snbstitatesy in the form in schedule C. to this Act annexed.
CXII. And, be it further enacted, that every person chosen by ballot to
airve in the militia shaU be liable to such service, although he may have
ranoved from the place where his name was inserted in the list, provided he
▼IS residing in such place at the time when the list was according to the
directiolis of this Act prepared ; and every person liable to serve in the militia
baving more than one place of residence shall serve for the county or place
where his name shall be first drawn, as aforesaid.
CXIII. And, to prevent the militia service from suffering by ballotted men
not appearing pursuant to notice as aforesaid, be it enacted, that on the non-
appearance of any person drawn by ballot as aforesaid, notice having been
given or affixed as aforesaid, and no substitute as aforesaid being produced,
die person or persons presiding shall immediately proceed to choose another
to serve in his place, and so from time to time on every day appointed for the
fpearance of the person so drawn not appearing until a sufficient man shall
It enrolled.
CXIY. Pbovided always^ and be it enacted, that every person diosen at
my time by ballot as aforesaid, who shall not by virtue of this Act be
excused from serving or produce a substitute, which substitute shall be
approved of and enrolled, who shall not immediately enrol himself and join
tbe r^;iment or battalion, shall be liable to serve, notwithstanding another
person may have been chosen in his room ; and it shall be lawfal for any
oagiBtrate to issue his warrant for apprehending him in the manner and with
like authority as for apprehending a deserter ; and upon conviction upon oath
before any magistrate that such person was ballotted to serve in the militia,
and not excused, he shall be fined in the sum of five pounds, and in case of
nonpayment thereof, the same may be levied by distress of his goods and
diattels, by warrant under the hand and seal of such magistrate, or he may be
eommitted to the common gaol of the county if he shall* be apprehended, there
to remain for the space of six months or until the commanding officer shall
desire that he may be sent to the regiment or battalion, and the like reward
shall be paid for apprehending him as for apprehending a deserter, and he
shall be deemed a deserter, and suffer as such.
CXY. Pbovided also, and be it enacted, that if any person so drawn by
hallot and fiuling to appear shall afterwards voluntarily appear at a time
when the militia is complete, he shall be immediately enrolled, and shall be
hoond in the sum of twenty pounds, and shall find a sufficient surety to be
bound in the sum of ten pounds for his appearance and joining the militia
whenever there shall be a vaeancy or he shall be required by the commanding
ofiKeer or derk of the subdivision to join, and hin time of service shall com-
N N 2
Sabdivisioii
clerks shall
tnuumit lists
of all men
omoUsd*
Persons re-
moving, &c.
shall serve for
places where
Uieir names are
on the list| &c.
Where bal-
lotted man does
not appear,
another shall
be chosen.
Ballotted mail
not appearing
shall be held
a deserter.
Ballotted maa
failing at first
to appear and
afterwards
anpcaring when
the miliut is
complete shall
be enrolled and
give secorltj to
serv6 on next
vacancy.
564
49 George III. c. 120,
A.D. 1809
Volunteers or
'Substitutes Dot
appearing sh^
repay money
received, with
twenty shil-
lings penalty.
Penalty on
persons re-
fusing to pay
their substi-
tutes.
Deserters shall,
if retaken,
serye their
full period.
Substitutes to
be provided
for Quakers ;
mence from the day of his joining ; and if he shall so fail to bind himself
or to find such surety he shall be committed by any iliagistmte, governor, or
deputy governor to the common gaol of the county, there to remain until he
shall be sent to the regiment or battalion to serve therein as aforesaid.
CXVI. And be it further enacted, that if any person shall receive money
from any other person to serve as a volunteer or substitute in the militia
as aforesaid, and shall neglect to appear at the usual meeting appointed for
swearing the militia men, or before some governor or deputy governor, in
order to be sworn according to the directions of this Act, every such person
so neglecting to appear and be sworn, being convicted thereof before any
governor or deputy governor, shall be obliged ,to return the money to the
person or persons from whom he received it, and shall also forfeit and pay to
such person or persons any sum not exceeding twenty shillings, at the dis-
cretion of such governor or deputy governor before whom he shall be so con-
victed ; and if such offender shall not immediately return the money so by
him received as aforesaid and likewise pay the said penalty, he shall be com-
mitted to the common gaol or house of correction for the space of three months,
or until the same sum shall be paid.
CXVII. And be it further enacted, that if any person chosen by ballot to
serve in the militia shall have engaged any other person to serve as his substi-
tute, and the person so chosen by ballot shall have agreed to pay to the person
so engaged a certain sum for such services^ and shall after such substitute has
been enrolled refuse to pay him the full sum agreed on, it shall and may be
lawful for any governor or deputy governor, or justice of the peace, on
application made to him, and such governor, deputy governor, or justice is
hereby required, to order such sum of money as shaU appear to him to be due
to the person so engaged to be inmiediately paid to him by the person or per-
sons by or for whom he shall be engaged to serve as aforesaid ; and in case of
his refusing or neglecting so to do, to forfeit the sum of five pounds^ and also
the sum engaged to be paid to the substitute, the same to be levied by war-
rant under the hand and seal of any governor or deputy governor or justice
of the peace off the goods and chattels of such person so engaging such
substitute.
CXVIII. And be it further enacted, that if any person being sworn and
enrolled to serve as a ballotted man, substitute, or volunteer in the militia
shall afterwards desert or absent himself from the regiment or battalion to
which he belongs, every such person shall be liable to and shall serve as a
militia man in such regiment or battalion for and during the full term for
which he shall be enrolled, to be computed from the day on which he shall be
apprehended, and shall also be subject to such other penalty or punishment as
shall be inflicted upon him for such offence by virtue of this Act ; and the
commanding officer of such regiment or battalion shall cause notice to be given
to the derk of the subdivision for which such person was enrolled of the day
on which he was apprehended ; and such clerk shall make an entry on the roll
of the militia of the name of such person, and also of the time of his being so
apprehended
CXIX. And be it further enacted, that if any person being one of the
persuasion called Quakers shall be chosen by ballot to serve in the militia, and
r
AD. 1809.
49 George III. c. 120.
565
shall refuse or neglect to appear and take the oath and serve in the militia, or
provide a substitute to be approved of as aforesaid, who shall take the oath
and subscribe his consent to serve as the substitute of such Quaker, then and
in every such case any two or more govemoi-s or deputy governors shall, if
they shall think proper, upon as reasonable terms as may be, provide and hire
a fit pei'son to serve as a substitute for such Quaker, and such substitute shall
take the oath herein prescribed for a substitute and subscribe his conseAt to
serve in the militia for the same teim and on the same conditions as are herein-
before (Jirected in the case of substitutes produced by persons chosen by bftllot ;
and any three or more governors or deputy governors may and are hereby
authorized by warrant under their hands and seals to levy by distress and
sale of the goods and chattels of such Quaker such sum of money as shall be
neoessaiy to defray the expence of providing and hiring such substitute, ren-
dering to such Quaker the overplus (if any) after deducting the charges of
such distress and sale ; and if no goods or chattels belonging to such Quaker
can be found sufficient to levy such distress, and it shall nevertheless appear
satisfactorily to such governor or governors or deputy governors that such
Quaker is of sufficient ability to pay the sum of ten pounds, then it shall be
lawful for such governor or govemora or deputy governora to commit such
Quaker to the common gaol, there to remain without bail or mainprize for the
space of three months, or until he shall have paid such sum of money as such
governor or governors or deputy governors shall have, agreed to pay to such
robstitute as aforesaid ; and in case any measure shall be used in making dis-
tress as aforesaid which may be by any such Quaker thought oppressive, it
Aall be lawful for such Quaker to complain to the governor or governors or
4puty governors at their next meeting, who are hereby empowered and
ie(|[uired finally to hear and determine the same.
CXX. Al^D be it further enacted, that in all cases where under this Act
any person being one of the persuasion of the people called Quakers shall be
required to pay any sum of money to be applied to the purposes of this Act,
either by the warrant of anj' governor or deputy governor as aforesaid, or by
the warrant of the treasurer of any county, city, or town, in consequence of
any presentment of any grand jury or . otherwise, the demand for such sum
of money to be applied to the purposes of this Act shall be made upon such
Quaker (if required so to be by such Quaker) separate and distinct fix)m any
other demand to which such Quaker may be liable, and shall and may be
levied by distress and sale of the goods and chattels of such Quaker, separately
and distinctly from any other sum or sums of money to the payment of which
such Quaker may be liable under or by virtue of any other Act or Acts in
force in Ireland.
CXXI. Pbovided always, and be it further enacted, that if the governor
or governors or deputy governors shall at any of their subdivision meetings
receive information or shall suspect that any person whose name is inserted
in any list and described as an apprentice has been fraudulently bound appren-
tice in order to avoid serving in the militia, it shall be lawful for them to
make inquiry thereof, and to summon such person^ as they shall think neces-
sary to appear before them at such time and place as they shall appoint, and
examine such persons upon oath ; and in case it shall appear that such binding
was fraudulent in order to avoid serving in the militia, it shall be lawful for
levying the
expence on
Quaker's
goods, &c. ;
if no goods are
found, Quakers
may be com-
mitted.
Appeals by
Quakers to
governors.
Demands on
Quakers under
this Act shaU
be made sepa-
rately from
other demands.
Apprentices
fraudulently
bound to evade
service com-
pellable to
serve.
566
49 George III. c. 120.
A.D. 1809.
Juitice of
peace may
settle sums, not
exceeding 20/.,
to be paid by
masters to ser-
vants enrolled •
into militia, for
service already
performed*
Such sums may
be levied by
distress.
Discharging
men from regi-
ments when
unfit for
service.
such governor or governors or deputy governors to appoint such person so
fraudulently bound apprentice to serve as a militia man for the parish or place
for which such list shall have been returned, if there shall be a vacancy, and
if there shall be no vacancy at that time such person shall be immediatdy
enrolled^ and shall be bound in the sum of twenty pounds, and shall find a
sufficient surety to be bound in the sum of ten pounds, for his appearance and
joining the said militia whenever there shall be a vacancy, or whenever he
shall be required by the conunanding officer or clerk of the subdivision to
join; and his time of service shall commence from the day of his joining;
and if he shall fail to bind himself or to find such surety, he shaJl be com-
mitted by any magistrate, governor, or deputy goyemor to the common gaol
of the county, there to remain until he shall be sent to the regiment or
battalion to serve therein ; and the person to whom such apprentice shall
have been so bound shall for such offence forfeit and pay the sum of ten
pounds.
CXXII. And be it further enacted, that if any servant whatsoever hired by
the year or otherwise shall be enrolled as a militia man, and any dispute shall
^h^,^ to neater ^d nu,t«», employer or empb^,, L ^
servant, touching any sum or sums of money due to such servant for or on
account of his service performed before the time of such swearing or enrol-
ment, or to such time as imder the conditions of the said swearing and enrol-
ling he shall be obliged to quit the service of his said master or mistress by
being called out to join the militia in which he shall have been sworn and
enrolled, it shall and may be lawful, on the complaint made thereof within
three months from the time of quitting the said service to any justice of the
peace for the county, city, liberty, town, or place where such master, ndstreas,
employer or employers shall inhabit, for such justice to hear and determine
every such complaint, and to examine upon oath every such servant or any
other witness or witnesses touching the same, and to make such order for the
payment of such wages to such servant in proportion to the service he has
performed as to such justice shall seem just and reasonable, provided the som
in question does not exceed the sum of twenty pounds ; and in case of refusal
or omission to pay any sums so ordered by the space of twenty-one days next
after such determination, such justice shall and may issue forth his or their
warrant to levy the same by distress and sale of the goods and chattels of
such master or mistress, employer or employers, rendering the overplus to the
owner or owners after payment of the charges of such distress and sale.
CXXIII. And be it further enacted, that whenever any militia man after
having been sworn and enrolled shall become imfit for service it shall be
lawful for the colonel or commanding officer of any regiment or battalion to
which slich militia man shall belong, together with two or more deputy
governors of the county to which such regiment or battalion shall belong, u
the said regiment or battalion shall be then within the said county, cfr for the
said commanding officer alone by the order of the officer commanding his
Majesty's forces in Ireland, if the said regiment or battalion shall be absent from
such county or county of a city, to discharge any such militia man from such
regiment or battalion : Provided always, that no man shall be ballotted for to
supply.the vacancy caused by any man being so discharged until such dischaigo
shall be approved by the deputy governors at a meeting for the subdifinioD
A.D. 1809.
49 Geobok III. c. 120.
567
Lord lieutenant
may authorize
parishes to nuse
their quotas by
substitutes and
volunteers, aild
to raise the
necessary sums
by assessment
for which such man so discharged was enrolled ; 0*nd such approbation shall
be entered and recorded in the proceedings of such subdivision meeting.
CXXIV. And whereas it may be more eligible that the necessary number of men
for any parish or place, either at forming any regiment or hattalion, or for supplying
aoy yacancy or vacancies therein, should be raised by means of assessment than by
ballot : Be it therefore enacted, that it shall be lawful for the inhabitants of any parish
in Ireland having one or more churchwarden or churchwardens, with the consent and
approbation of the lord lieutenant or other chief' governor or governors of Ireland,
signified by his or their chief secretary, at a vestry meeting to be held for that purpose,
of which seven days public notice shfdl be given specifying the cause of calling such
meeting, and which meeting every churchwarden of such parish is hereby severally
reqaired to sununon, to order to be levied by assessment upon the parish such sums as
they shall think proper, not exceeding in the whole the amount of the average price of
ft substitute (such average price tq be fixed in manner herein-after mentioned) for
eveiy man directed to be raised as the quota of such parish, and to apply the same as
they shall think fit for providing a sufficient number of men to serve as substitutes or
Tolanteers for such parish according io the quota so to be raised in such parish as
aforesaid ; and it shall be lawful for the said inhabitants at the said vestry meeting to
appoint one or more person or persons to direct and superintend the application of such
som for such purposes pursuant to the order of such vestry ; and all such • sums shall
be forthwith raised and levied in like manner, and by all such means, powers, autho-
rities, and pei*sons, and with all such remedies, in case of any refusal or omission to
pay the same, as any parish cess may by law be raised and levied in Ireland, the over-
plus (if any) or such part as may from any reason remain undisposed of to be applied
to any such parochial purposes to which a parish cess may by law be applied, as the
Testry of such parish shall at any &ture meeting to be called for that purpose direct.
IRep., Stat. Law Kev. Act, 1872 (No. 2). J
CXXV. And be it further enacted, that the governor or governors or deputy
pvemors of each county or city, or such of them as shall duly preside at any
jeneral meeting to be holden as herein-before directed for the purposes of this
Aet shall^ i^henever they shall think proper so to do, fix and . declare what in
their judgnaent shall appear to them to be a fair and reasonable sum to be
pftid as the average price of a substitute or volimteer in the said militia ; and
such sum so fixed and declared shall be and continue to be the average price
of such substitutes for such county or city, imtil the same shall be otherwise
ordered at any subsequent meeting : Provided always, that it shall and may
be lawful to and for the lord lieutenant or other chief governor or governors of
Ireland for the time being, whenever he or they shall think proper so to do,
to fix and ascertain either generally or for any particular county or county
of a city or town any sum or sums as a limit or limits above which respec-
tively such average shall not be made.
CXXVI. And be it further enacted, that the churchwardens or any inhabitant Volonteer
of sQch parish shall and may produce such substitutes or volunteers so provided as substitates pro*
aforesaid before any deputy governor of the subdivision at any time on or previous cored riiall be
to the day appointed for choosing the men by ballot in such subdivision in pursuance of ®*"^
this Act, and JRep., Stat Law Rev. Act, 1872 (No. 2). J that it shall and may be
lawful for any persons to provide volunteers to serve for any subdivision
or any of the districts therein, and to produce such volunteers, or for any
persons willing to serve to oflTer themselves to serve for any such division,
and to appear before any siich deputy governor within such time and atv
such place as aforesaid; and every person so produced or appearing, who
dudl be approved of by the said deputy governors as aforesaid, shall and
may be enrolled to serve as one of the quota of such parish or division ; and
Buch deputy governor before whom any such volunteer shall bo enrolled shall
Average price
for sa&titatea
or Yolnnteers
to be fixed by
governors of
counties ;
subject to a
limitation
by the lord
lieutenant.
568
49 George III. a 120.
A,D. 1809.
cause the clerks of the meetings for the respective subdivisions to enrol the
names of all such volunteers as shall be so entered within the respective sub-
divisions before the time appointed for ballot ting the men within the same:
Provided however, that if the full quota then required to be raised shall not be
raised by the ways aforesaid or by any of them in or for any such parish or
subdivision, by or before the time appointed for ballotting for such parish or
division, the men that shall have been so raised (if any) shall be deemed and
taken as part of the quota of such parish or division, and the ballot shall proceed
for the residiie of such quota.
Copies of pro-
ceediDgs at sub-
division meet-
ings to be sent
to clerks of
general
meetings.
Lord lieutenant
may allow
militia to be
raised or
supplied by
volunteers.
Lord lieutenant
may order
commanders
of regiments
to receive
volunteers ;
and may order
the Treasury to
advance bounty
money to the
colonels.
Commanders
shall proceed
to raise vo-
lunteers on
bounty ;
bounty not to
exceed the price
of substitutes.
CXXIX. And be it further enacted, that the clerks of all subdivisioBal
meetings shall, within eight days after every subdivision meeting, transmit
to the clerk of the general meeting of the county fair and true copies of snch
rolls as shall be signed at such meeting, and the other proceedings thereof
CXXX. Provided always, and be it further enacted, that whenever it shall
be necessaiy to raise men for the said militia, or for any of the said regiments
or battaliotis thereof, not exceeding the original numbers required by this Ad,
either at the forming thereof, or to fill any vacancy or vacancies, it shall and
may be lawful for the lord lieutenant or other chief governor or governors of
Ireland for the time being, to direct and appoint, by any order or proclamation
to be issued for that purpose, that the necessaiy number of men, either for
the whole or any regiment or battalion of the said militia, shall be raised by
the enrolling and receiving volunteers ; and every such order or proclamation,
if not extending to the whole of the said militia, shall specify the several
regiments or battalions for which such men shall be so raised by the enrolling
and receiving volunteers. '
CXXXI. And in order to carry such order or proclamation into eflfect, be it
enacted, that it shall and may be lawful for the lord lieutenant or other chief
governor or governors of Ireland for the time being to issue his orders to all
or any of the several colonels and other commanding officers of the respective
regiments or battalions of militia in Ireland, or such of them as shaU be
included in such proclamation or order, requiring him or them without delay
to proceed to enrol a certain ijumber of volunteers, not exceeding in any case
the establishments of their respective regiments or battalions at the time of
such order ; and for that purpose it shall and may be lawful for the lord lieu-
tenant or other chief governor or governors of Ireland for the time being to
issue his orders to the lords commissioners of the Treasury of Ireland, requiring
them to advance from time or time to such colonels or other commanding
officer or officers of the different regiments or battalions of militia in Ireland
such sum or sums of money as may be directed by such order, not exceeding
such sum as shall at such time be fixed and declared as the aveitigc price of
a substitute in manner herein-before mentioned.
CXXXII. And be it further enacted, that upon such order being issued as
aforesaid, the several colonels or commanding officer or officers of the saia
regiments to whom the same shall extend shall immediately proceed to
enlist and enrol within their respective counties or coimties of cities such
volunteers, being able-bodied men not less than five 'feet four inches in height,
and not more than forty-five years of age, as can be procured, giving to eoch
man by way of bounty, any sum not exceeding the price of a substitute as aforesaid,
one half of such bounty to be piud to every such volunteer at the time of his enrolling
iuD. 1809.
49 G£ORQ£ III. c, 120.
M\\)
himself in any such regiment or battalion of militia, and the rosiduo tlieroof to hi^ tmid
to every such volunteer on his first appearance at tho titne and place to \h> iinpiiinttul Tor
the assembliog or exercising of the regiment or batUdion in which hucIi vohiiitiMM' HhuH
be enrolled, which sum the said colonels or officers are hereby in ithori/.i'd In iidvaiuMi luiil
pay to such volunteers in manner aforestiid ; and it is hcn^by dtMdanMl that thd mM miu\
to be paid to every man so enrolled and enlisted is over and abovcuind al^.<)^r(JiiM' dUllncL
£nom the marching guinea to which such man may bo or become ontilkMl, IKt^p., Nlut.
Law Rev. Act, 1872. (No. 2). J
CXXXIII. And be it further enacted, that whenever any Huch (ir<lcrH Nhall
be issued for enrolling volunteers it shall be lawful for the lord li(nit<*nanl or
other chief goveraor or governors of Ireland for the time being id) m\U) hin or
their order or orders to the lords commiHsioners of the Treanury of Ireland,
requiring them to advance to the several colonels or crunnianding oHlc(!r» of
the different regiments or battalions of militia in Ireland, for defraying tho
necessary expenee of procuring and enrolling such volutttcors, any furihi'r
sum. or sums of money which may be directed in any such order, not axatttuWhH
the rate of one pound one shilling for every private man who may Ims from
time to time so enrolled, over and above the bounty and the marching guinea
to which such volimteer may lye entitled : Provided alwayn, that no HtutU
volunteer shall be entitled to or receive any jiart of such further «um, iior tiuy
greater or higher bounty than as aforesaid.
CXXXIV. Provided always, and be it coacte^l, tiiat it hhali ri/>t be lawful
to or for any colonel or other commanding officer or oflic^ni of nf^y ri*iiUi$*^ui
or battalion of militia, or to or for any other |>erikm or imrhtnih wlminffttvt^r in
his or their behalf, to advance or to engage to arlvaoee ffr giv; m^y 'f^rHnU^r
or larger sum of money than an aforesaid, or Uf give or \ffffm'mi or uwUttUikn
to give any other or ku-ger bounty or reward tliaa \i^ t^tvand Hnm% si(or*ri^4,
for the purpose of inducing any man Uj enrol biniiself a^ a voiufit^^^r
CXXXV. AsD be it further enaete^i, tliat ^very msm ^f t^MftXUA kiikll,
in the presence of some one governor, dqmty goverm/r, ju>,ti'>5 //f th^; i^^-^i/^,
(tf magistrate acting for the county or city i/j whi/;h thf; r':^im«fnt f/f tjtUJUiii*/n
in wbicb he shall be enrolled bhall If^VAi^, tak^ su^l h*i\/hf:fi^^: th^ a^u^: ^aJM
as is herein-bef ore direct^ i/f 1^ iaikffB by a h^i^M^UJU^ */r \^A*}nU.^r ih Hi$y
regiment or boUalicfli fi the feaid militia
CXXXVL ASD be it fnni^r ^«a<et^i, Us^t i)^ ^,Y*fsd iy/^'tts* i\ 'h '/*>,<-/
eommandin^ c*5«er or <:^oer»f ^Ijall k*?q/ or ea.»JLt^ U/ \^. k.*^A u *^t MiA t^-^y^f
entries of tiienazzie^ »od:*vJ'»nK. j-ia^jeh */ r»>3o«:^jft^^ fArifh\ ijy: *fy,*^'t '>w.7;(^-
taoDB of the j«eTv.«i5 tbey >icall erjrvJ afc ^i-n^'A^A. Mifi v^ «i^**";a,; i>uijji/ ybi.j^'.*^
fihaU have been »dra2<c%»d a^d jja.H v> ««^'j }>rrvA> i^sf^^^^o^t*:*' '^tA m^ju.
tnnsmit Tc^zujatr trjpi** of »u*iLi ^jXrr'x*^., *>r»t/;*i*?CJ hy t^j^ui s^^-'^f,,>*: >,^ wk.^
as bribe ariT-jxaan ziA paviuatsur *A xitt /■ri^iu*?!!* *jf 'jkA/uwyjit f*>'i«>^^ **^ >
to the ^.Aee ctf liie tLi*if w»sr*xssr of Vj*: >vf -; ii*?uv?Uifiit '^ v.'a^f <2i .^^ ;!v> ♦;'i/'/f
or govenfeOTb 'A Irf^aud.
I^Hll lilM|(l«||MI|t
iiiMy i(M|iiirufliii
lulVMIil'l< III I hit
flllilfli'l ONii
IdllfM'H \wf Minn
for i'ft|wfiM'« ill
Nddiflmi Ui Umi
Miitr«;hifitf
g<ijll«ll^
V>
ten
dun
M. mmR iiffv^j'jut vt/ tu» w'j*?!. JU*--^'. •iii.'iiuii;^ ^'•^i*?*i, ktfy^y^:^ ^x-^:\
■ R70
49 George III. c. 120.
AJ), 1809.
levying and
psjment of
sumltobe
preaeoted.
term which shall not commence within euch fourteen days; and the Baid
several treasurers shall and they are hereby respectively required to lay the
eaid returns before the judges of assize on the commission day of such assizes,
or in the county and city of Dublin before the Court of King's Bench on the
first day of such term, and before the respective grand juries for such counties
or counties of cities and town.9 shall be sworn ; and the said judges or the said
court, as the case may ho, shall and thoy are hereby required to give the same,
except as herein-after, excepted, in charge to the said grand juries, in order
that the sums thus expended may be presented and raised off t^e said countiee
or counties of cities or towns, or any barony or baronies, parish or parisheB
therein respectively as such grand juries respectively shtdl think proper, which
said presentments the said respective grand juries are hereby respectively
authorized and required to make, unless the amount of the aam thus to be
raised shall appear to the said respective grand juries too large to be raised at
one assizes or at one presenting term within the respective counties or
counties of cities or towns, in which case it shall and may be lawful for the
said several grand juries, by and with the concurrence of the judges of the
said assizes or the said court, to present any part of such sum, not less than
one moiety thereof, at such assizes or terms, and the residue shall in like
manner be given in chaige and presented. by the grand jury of such county or
county of a city or town, or grand juries of such respective counties or counties
of cities or towns, as the case may be, at the then next ensuing assises or
presenting term ; and in case the grand jury of any county or county of a
city or town shaJl, after the judges of the court shall have given the same in
charge to them, omit, neglect, or refuse to present the same, then and in every
such case it shall and may be lawful for the said judges of assize, or the Court
of King's Bench respectively, and they are hereby raspectively required, to
order and direct the treasurer of such county or county of a city to include
the whole of such sum, tuid return the same among the presentments of the
county, so that the same shall be raised and levied forthwith ; and it shall
not be lawftil to traverse any such presentment ; Provided always, that within
every coimty of a city and county of a town all sums so presented shall and
may be raised by an assessment on houses and land, according to a valuation
of the same respectively, in such manner as auch grand jury shall fiom time
to time order and direct.
CXXXVIII. Ahd be it further enacted, that the several treasurers of thi'
respective counties and counties of cities and towns as aforesaid shall collect
and receive the said several sums, and shall forthwith pay tho same to the
collector of excise for such county or edunty of a city or town, or in case there
shall be in any county two or more districts with two or more collectors
respectively, or parts of such diat^iets, then to the collector of that part of such
county in which the county town is situate ; and" every such collector whsll
and he is hereby required to ^ve a receipt for all sums of money that shall k
so paid to him as aforesaid, and such receipt shall be lodged among the recordf)
of such county, tmd shall be a disehaige and acquittance to such ooimtj for »II
such men as shall be bo raised for the time for which fiey shall be so enrolled
to serve as aforesaid, unless vacancies shall occur by death, desertion, or lawful
dischai^.
A.D. 1809. 49 George III. c. 120. 571
CXL. Provided always, and be it further enacted, that if it shall be deemed The embodjiog
inexpedient by his Majesty or the lord lieutenant or other chief governor or ^^^e sua-**
governors of Ireland in council to raise, embody, or continue any regiment or ponded, &c,
battaUon of militia in any county or city in Ireland, it shall be lawful for his
.Majesty or for the said lord lieutenant or other chief governor or governors
of Ireland for the time being, by and with the advice of the Privy Council of
Ireland, to forbid the raising or embodying of such regiment or battalion, and
to stay aU proceedings therein for such time as shall be deemed expedient, or
to order that all or any of the said regiments or battalions shall be disembodied
and wholly cease and determine; anything in this Act to the contrary in
anywise notwithstanding.
CXLL And be it further enacted, that if it shall happen in any case that Fine of lo/.
the number of militia men duly appointed or to be appointed to be raised for J^'counSes &c,
any reiriment or battalion of militia of Ireland shall not be raised within three for crery man
tint TAiKPrl
calendar months from and after the time when the same ought to be raised by
ballot as aforesaid, or within four months from the date of the order for raising
the same by enrolling volunteers, then and in every such case the county or
county of a city or town in which such number of militia men ought to be
raised shall be charged with the pa3nnent of the yearly sum of ten pounds for
and in Ueu of every private militia man so deficient ; and upon proof on oath
first laid by any governor or deputy governor of such deficiency before the
judges of assize, or in the county or city of Dublin before the Court of King's
Bench, it shall be lawful for such judge of assize and such court, and they are
hereby respectively required, to fine the county or county of a city or town, or
Bach district, baronies or barony, or parish or parishes thereof in which such .
neglect shall happen, in a sum after the rate of ten pounds for any private
man so deficient, and to repeat the said fine annually so long as the said
deficiency shall continue, which fine or fin^Bs shall be estreated into his Majesty's
Exchequer and issued in process, and shall be duly levied by the sheriif or other officers
respectively to whom such process shall be directed respectively JBep., 53 Geo. 3.
c. 48. 8. 2.J ; and it shall not be lawful for the barons of the Exchequer or com-
missioners of reducement on any account to take off, release, or reduce such
fine or fines, or any parte thereof.
CXLII. And be it further enacted, that all sach fines and all other fines Fines shall be
hereby imposed, when not otherwise expressly directed, shall, when levied, be x^arory.
paid into his Majesty's Treasury, and shall be kept separate and apart from all
other money, and shall be accounted for yearly to Parliament ; and no fee or
gratuity whatsoever shall be given or paid to any officer of the Exchequer for
or on account of receiving or issuing any such money : Provided- always, that Fumjs may bo
such money or any part thereof may be applied by or under the orders of ^^^ ofioid'
the lord lieutenant or other chief governor or governors of Ireland for the time lieutenant in
heing, if he or they shall think proper, in providing substitutes or volunteera SStotefc *
to serve in the militia for the counties, counties of cities, or district from which
such fines respectively shall have accrued, by applying the same respectively,
or in ease and dimiiiution thereof, either in addition to the bounties herein-
before mentioned respectively, or partly in the one way and partly in the
other, in such manner as the lord lieutenant or other chief governor or
governors of Ireland for the time being shall direct.
/■
572 49 Geo&ge III. c 120. A.D. 1809.
F«iiRt(ie« ex- CXLIII. And be it further enacted, that in all cases where any other mode
coTew^loiaa^ °^ pfoceediug is not hereby provided, all fines, penalties, and forfeitures hy
court of this Act imposed which shall exceed the sum of twenty pounds shall be
eiceedingaoi. recovered by action of debt, bill, plaint, or information in any of hia Majesty's
before a juaiicc. superior courts of record at Dublin, wherein no essoign, privilege or protection,
wager of law, or more than one imparlance shall be allowed ; and that all
fines, penalties, and forfeitures by this Act imposed which shall not exceed tJic
sum of twenty pounds shall, upon due proof of the ofience before any justice
of the peace of the county where the offence shall be committed, be levied by
distress and sale of the offender's .goods and chattels, by warrant under tha
hand and seal of such justice, rendering the overplus (if any) on demand, after
deducting the charge of such distress and sale, to the person whoae goods luid
chattels shall have been so distrained and sold ; and for want of audi distress
such justice is hereby required, in all cases where no particular time of com-
mitment is herein-before directed, to commit such offender to the comninu gaol
of the county where the offence shall have been committed, for any time not
ApplicaiioD of exceeding three months ; and the money arising by all such fines, jjenalties,
*'* '^'" and forfeitures, the npplication whereof ia not otherwise directed by this Act,
shall be paid to the collectors of excise, and accounted for and paid over by
them as all ot^er monies received by them respectively.
Ponaiijr on CXLIV. 'And be it fui-ther enacted, that if any treasurer of any county, any
clwks, &c'. clerk of the peace, or any collector of his Majesty's revenue, or of any county
fornegiect qy County of a city, barony, or half bai'ony shall refuse or knowingly neglect
to do any matter or thing required by this Act to be done by iiim, or shall
wilfiUly omit to carry any of the provisions in this Act respecting himself or
his office into execution, and shall be thereof convicted by infnrmation or
indictnrent at the assizes or King's Bench in the county or county nf the city
of Dublin, he shall be fined any sum not exceeding one hundred pounds at the
discretion of the court
CXLV, And be it further enacted, that all convictions made by any governor
or deputy governor or justice of the peace under this Act shall be in the form
here following, or in some other form to that or the like effect ; that is to say,
Fonn of eon- ' T>E it remembered, that on the day of in the
'" ' -*-' year at in the county [or county of a dty
' or town] of A,B. of was convicted before me, E.F„
' the governor [or one of the governors, or one of the deputy governors, or of
' the justice of the peace] of the said county [or coimty of a city] , for that on
' the day of at in the said
' where the said A.B. did [here state the offence]. In witness whereof I tJK
' said E.F. have hereunto set my hand and seal this rlsy
' of in the year of our Lord
Which conviction or any other form of conviction to that or the like effed
shall be good, valid, and effectual in law without setting out the evidence or
stating any other matter more particularly or otherwise than as aforesaid.
CXLVt. And be it further enacted, that no order or convictirin iiiflde by
any governor or governors or by any justice or justices of the peace under or
by virtue of this Act shall be removed by certiorari or other writ or process
out of the county, city, or place wherein such order or convictitm was made
A.D. 1809.
49 Gborge hi. c. 120.
573
into any of bis Majesty's superior courts of record in Dublin ; and that no writ
of certiorari or other writ shall supersede any execution or other proceedings
upon any such order or conviction so made in pursuance of this Act, but that
the execution shall be made thereupon, any such writ or writs or allowance
thereof notwithstanding.
CXLVIL And be it further enacted, that if any action shall be brought
against any person or persons for anything done in pursuance of this Act,
such action or suit shall be commenced within six months next after the fact
committed, and not afterwards, ; and in any such action
or suit, if the plaintiff or plaintiffs shall be nonsuited, or discontinue his or their action
or snit after the defendant or defendants shall have appeared, judgment shall be given
a^nst the plaintiff or plaintiffs, the defendant or defendants shall have treble costs, and
have the like remedy for the same as any defendant hath in other cases to recover costs
by Uw. |Rep., 5 & 6 Vict. c. 97. s. 2.J
CXLVIII. And be it further enacted, that in all cases in the execution of
this Act when any matter or thing is directed to be enquired of or examined
into upon the oath or affirmation of any witness or witnesses before any
governor of any county or any deputy governor or governors or justice or
justices of the peace, they and every of them is and are hereby respectively
authorized to administer such oath or affirmation to any witness or witnesses ;
and that all other oaths or affirmations to be taken in pursuance of this Act
shall and may be respectively administered by any governor or deputy
governor ; and every person who shall knowingly or willingly take any false
oath or affirmation in any matter required by this Act, and be thereof convicted,
shall suffer the penalties of wilful and corrupt perjury.
Certiorari sball
Dot stay
execution.
Limitation of
actions, &c.
Gdvemors, &c.
may administer
oaths.
Taking falHC
oathi>, perjury.
SCHEDULES to which this Act refers.
Schedule (A.)
County of
Return of all Male Persons residing within the Parish of
the Age of Sixteen and Forty-five Years.
between
or Common
Appellation.
Reputed
Age.
Street and
Place
of Abode.
Trade or
Occupation.
Exemption,
if any,
and what.
If married,
No. of Children
under 14 Years
of Age.
Observations.
«74
49 QB09QE III. c 120.
Schedule (B.)
County of
Return of Persons fit or liable to serve in the Militia for the County of
Names of Parilhes.
Schedule (C)
County of
-Retukn of Men enrolled to serve for the Militift for the Suhdivision ]
of
Parish of
Names of Men.
Date of
Enrolment.
Where
teaiding.
Trade.
Age.
Sile.
Princip«l8.
■
AJ>. 1809.
49GCORCUS IR \\ 1)^.
hyt
CHAPTKU iXXlV,
Ax Act for altering, amending, aiu) ox)Uaiiuu)jf lM^^i«vl^ AnU h>lHlU«t |m {\\\\
Bemoval of the Poor, and for roakin^* Uo^ulatittUH iu lutiUtii I 'M>M»t Ihui«Ii
ing the Examination of Paupoi*:) ns to Uum*Snt(loiii(thl i hiiiI Iim ««I<« inllna
to all Parishes certain Rules and OnlovM in WnrUinMMitM mimIii mm Ai^I h|
the Twenty-second Year of His {)nmtiiit MiOt>nl>y, IdIiImIimI " Am Af*l Imi
'' the better Belief and Employmuiit of tlio rniM," | 'M)iU .Immm MHKI |
"¥TTH£REAS by an Act passed in the thlHy^flllli yititi' mC Mim m.)//m nl \ih*
*^ present Majesty^ intituled "An A(it to provMMt Ujm I tMiMf^^nhf) \tnfo iiht tihhtf i
^ sons until they shall become actually chargniiblii/* it U iMiM/n|/'>l/ i^Mm'^ lh)im'* ' ''''
enacted that incase any poor person Nhall \hs l/ron^lit Ui-t'ttm mty |<^h«.^ nt
justices of the peace for the purpose of bolM(( rmintvtul fiifitt f h'- itUtJf* /^If* m- ttt.
or she is inhabiting or sojourning by viH^ud of iiny intlri nf h ^/^//v«/| ot f/l f/' w///
passed by yirtue of any vagrant pait^, aii/J it mIiaiII ii|;|/< mi Ij/ iln u*tfi ^ih hu tn
justices that such poor person U unabk^ U; imv^t (/y n-Mioti ot . ^/ (^ /^> • //^ ^/i l/< ;
infirmity, or that it would \je dar^r^rrotj^ for Uim of h^-f wi hf ^io f|v ^o. i«/i v/
jwA ieen malring such order of rtttMjvsil tn ^tMAm^ ^'i> U SH//Hm^ f/'^ *^ «//' >> ^^^'^^ ^^
and mathorijDE:d u> sur-pend tl>; i^,xi^:^i^M0n f/t tin' ir4$i$i* **hhi it.* j ./m .' * J
llMt it may faftiy ber ex^3C0V:»d wJtV/'ii ^auy/f •// *^/y //^ «//// a)/v ^ i w^ " v' ^
^ui*jLm fc?'Uc£it «trl vr*?f MA'/ ', '^ •^> |/*^v /* >// ^^ */> »/^ #/■ •' ■ ,/"/
iiMt maun JL*rt r. it iiir.:**ff «flx«^>/; v**/ ^ ^jt^^/ V i«^ k^/z-H,, 4/>^....« 4.^./
•til '^ft 'imjL 5I£^ ^^U**: liJfe • ill^' u V/.; .;v^' ',' />//,. •. -5^ / / >i
<• • •
# ^i-^T-Z'-t-',
X "^riit^ "^ t:
* •
r *
• ^ '
V y
» .*" -fta
1*- •'
.• **T-i
-L^ -jr ji?-
..&&
: 1^
/
k*''* . - •>
y. < >.
^"^
• • -»
^/
'^
ft*
» '
•* ^ *
» y V
* i* y ^ •
b» a*- X '
'.^t
* •
• *
.*'•»■
-*.^ V
V-*'
V
t^ "^ -
* ^*
fc *,
.»»•
576 49 George III. c 124, 126. A.D. 1800.
nu]' orier the and authorities can or may be executed by the said justices who shall make
outed, &c. ^'^7 ^^'^^ order of removal, or by the justice who shall graut any Ruch jtass m
aforesaid.
How the lime II. AnD be it further enacted, that wheo the execution of any such order of
■hali'^cnm- removal shall be suspended the time of appealing against such order shall l)e
putod. computed, according to the rules which govern other like cases, from the time
of serving such order, and not from the time of making such removal undtjr
and by virtue of the same.
III. And, in order to avoid any pretence for forcibly separating husbnnd and
wife, or other persons nearly connected with or related to each otlier, and who
are living together as one family at the time of any order of removal made or
vagrant paas granted, during the dangerous sickness or other iafirmity of anj
one or more of such family, on whose account the execution of such order of
Order of ». removal or vagrant pass is suspended, be it further enacted and declared, that
pended in case" where any order of removal or vagrant pass shall be suspended by virtue of
*K "ii'h^^™' *'^' ^^^^ *"" **^ ^^^ ^^ recited Act on account of the dangerous sli^kness or other
pemled an to infirmity of any person or persons thereby directed to be removed or passed,
uii persons of (he execution of such order of removal or vagrant pass shall also be suspended
Darned ihertiii, for the same period with i-espect to every other person named therein, who
' to prevent tlieir ^^^g actually of the same household or family of such sick or infirm jjerson or
persons at the time of such order of removal made or vagrant pass granted.
Any magiEtrste IV. And be it further enacted, that whenever it shall happen that any
^minarton" pauper is by age, illness, or infirmity unable to be brQught up to the petty
of an infirm sessions to be examined as to his or her settlement, it sliall be lawful for any
his seitiement, ^^^ magistrate acting for the district where such pauper shall bo to take the
imdrepori to examination of the said pauper, and to report the same to any other magis-
trate or magistrates acting for the saJd district, and for the s^d magistrates
upon such report to adjudge the settlement of the said paupei', and make
and suspend the order of removal, as fully and effectually to all intents aud
purposes as if the said pauper had appeared before two magiatratetj.
pettj-M
CHAPTEE CXXVI.
An Act for the further Prevention of the Sale and Brokerage of Offices,
[20th June 1809.]
"TTTHEREAS an Act passed in the fifth and sixth year of the reign of King
* ' Edward the Sixth, intituled " Against buying and selling of officas " : And
whereas it was in and by the said Act enacted, amongst other things, that if
nny person or persons at any time thereafter bai:^ined or ^old any office or
offices or deputation of any office or offices, or any part or parcel of any of
them, or received, had, or took any money, fee, reward, or any othor profit,
directly or indirectly, or took any promise, agreement, covenant, bond, or any
assurance to receive or have any money, fise, reward, or other profit, directly
or indirectly, for any office or offices, or for the deputation of imy office or
offices, or any part of any of them, or to the intent that any person should
have, exercise, or enjoy any office or offices, or the deputation of any office or
offices, or any part of any of them, which office or offices, or tuiy jjart or parcel
of tJiem, should in anywise touch or concern the administration or execution of
A,D, 1809. 49 Gborok III. c. 126. 577
justioe, or the reoeipt, controlment, or payment of any of the King's Highness
treasure, money, rent, revenue, account, auhiage, auditorship^ or surveying of
any • of the King's Majesty's honors, castles, manors, lands, tenements, woods,
or hereditaments, or any of the King's Majesty's customs, or any other
administration or necessary attendance to be had, done, or executed in any of
the King's Majesty's custom house or houses, or the keeping of any of the
King s Majesty's towns, castles, or fortresses, being used, occupied, 6r appointed
for places of strength and defence, or which should concern ot touch any clerk-
ship to be occupied in any manner of court of record wherein justice was to
be muiistered, thakthen all and every such person and persons that should so
bargain or sell any of the said office or offices, deputation or deputations, or
that should take any money, fee, reward, or profit for any of the said office
or offices, deputation or deputations of any of the said offices, or any part of
any of them, or that should take any promise, covenant, bond, or assurance
for any money, reward, or profit to be given for any of the said office or offices,
deputation or deputations of any of the said office or offices, or any part of
any of them, should not only lose and forfeit all his and their right, interest,
and estate which such person or persons should then have of, in, or to any of
the said office or offices, deputation or deputations, or any part of any of them,
or of, in, or to the gift or nomination of any of the said office or offices, depu-
tation or deputations, for the which office or offices, or for the deputation or
deputations of which offices, or for any part of any of them, any such person
or persons should so make any bargain or sale, or take or receive any sum of
money, fee, reward, or profit, or any promise, covenant, or assurance to have
or receive any fee, reward, money, or profit, but also that all and every such
person or persons that should give or pay any sum of money, reward, or fee,
or afaould make any promise, agreement, bond, or assurance for any of the said
offices, or for the deputation or deputations of any of the said office or offices, •
or ajiy part of any of them, should immediately by and upon the same fee,
money, or reward given or paid, or upon any such promise, covenant, bond, or
agreement had or made for any fee, sum of money, or reward to be paid as
is aforesaid, be adjudged a disabled person in the law to all intents and pur-
poees, to have, occupy, or enjoy the said office or offices, deputation or depu-
tations, or any part of any of them, for the which such person or persons
nhould so give or pay any sum of money, fee, or reward, or make any promise,
covenant, bond, or other assurance to give or pay any sum of money, fee, or
reward ; and that all and every such bargains, sales, promises, bonds, agree-
ments, covenants, and assurances as before specified should be void to and
against him and them by whom any such bargain, sale, bond, promise, cove-
nant, or assurance should be had or made : And whereas it was in the said
Act provided that the said Act or anything therein contained should not in
anywise extend to aliy office or offices whereof any person or persons was or
shoruld be seised of any estate of inheritance, nor to any office of parkership,
or of the keeping of any park, house, manor, garden, chase, or forest, or to any
of them : And yhereas it was by the said Act further provided, that if any
person or persons did thereafter offend in anything contrary to the tenor and
effect of the said Act, yet that notwithstanding all judgments given, and all
other act and acts executed or done by any such person or persons so offend*
ingy by authority or colour of the office or deputation which ought to be for-
VOL, JV. 0 0
578
49 George III. c. 12C.
A.D. 18(10.
FrorisioDS of
recited Act
eiteDde<l to
other offlcL-s.
Wben riRht
forfeited, ap-
pointmeDt to f/
lo hix Hnjeslj'.
ius or oelUng
ceiviug or psj
feited or not occopied or not enjoyed by the person so offeudii^, after the said
otTence so by such person committed or done, and before such person so offend-
ing for the same offence should be removed from the exercise, tidministratioi,
and occupation of the said office or deputation, should be and remain good and
sufficient in law to all intents, conatructiomi, and purposes, in such like manner
and form as the same would or ought to have remained and been if this Act
had never been had or made : And whereas it wjia by the said Act further pro-
^'ided, that the said Act, or anything therein contained, should not in anywiu
extend, or be [>rejudicial or hurtful to any of the chief justices of the King's
courts, commooly called the King's Bench or Common Place, or to any of Uie
jusUces of assize, that then were or thereafter should be, but that they and
every of them might do in every behalf touching or concerning any office or
offices to be given or granted by them or any of them, as they or any of them
might have done before the making of the said Act : Be it therefore declared
and enacted by the King'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 from and after
the passing of this Act, the said Act and all the provisions therein contfuned
Ediall extend and be construed to extend to Scotland and Ireland, and to all
offices in the gift of the crown or of any office appointed by the crown, and
all commissions civil, naval, or military, and to all places and employments,
and to all deputations to any such offices, commissions, places, or employments,
in the I'espective departments or offices or under the appointment or superin-
tendance and controul of the lord high treasurer or commissioners of the
Treasury, the secretary of state, the lords commissioners for executing the office
of lord high admiral, the ma»iter general and principfil officers of his Majesty's
ordnance, {Kep., Stat, Law Rev, Act, 1872 (No. 2), J the commander in chief,
the secretary at war, the paymaster general of his Maje<ity'M forcea, the commUsicuiers
for the affairs of India, the commisBioiiers of the excise, the treasurer of the navy, the
commisnionera of the navy, the com mi as i oners for victualling, the commissioiters of
transports, the commiBsary general, the storekeeper genera), [Rep., Stat. Law Bev-
Act, 1872 {No. 2).J and also the principal officers of any other public depart-
ment or office of his Majesty's government in any paii of the United King-
dom, or in any of his Majesty's dominions, colonies, or i)]antations which now
belong or may hereafter belong to his Majesty, and also to all offices, cfuntuis-
sions, places, and employments belonging to or under the appointment nr
controul of the United Company of Merchants of England trading t« the East
Indies, in as full and ample a manner as if the provisions of the said Act weir
repeated as to all such offices, commissions, places, and employments, and niad^
part of this Act ; and the said Act and this Act and all the clauses aiul \>n-
visions therein respectively contained shall bo construed as one Act, as if tin'
same had been herein repeated and re-enacted.
II. Provided always, and be it further enacted, that where the right, estate,
or interest of any i)erson or persons shall be forfeited under any of the pri>-
visions of the said Act or this Act, the right of such appointment shall
immediately vest in and belong to his Majesty, his heirs and succesgoi-s.
III. And he it further declared and enacted, that from and after tlie )»assinK
of this Act, if any person or persons shall sell or bargain for the salt; nf, '«'
receive, have, or take any money, fee, gratuity, loan of money, lewani. <'r
profit, directly or indirectly, or any promise, agreement, covenant, contract,
i
A,D. 1809, 49aEOROE III. c. 126. 579
bond, or assuranoe, or shall by any way, device, or means contract or agree to offices, guilty
receive or have any money, fee, gratuity, loan of money, reward or profit, meanor. **
directly or indii'ectly, and also if any person or persons, shall purchase or
bai^in for the purchase of, or give or pay any money, fee, gratuity, loan of
money, reward or profit, or make or enter into any promise, agreement,
covenant, contract, bond, or assurance to give or pay any money, fee, gratuity,
loan of money, reward or profit, or shall by any way, means, or device contract
or agree to give or pay any money, fee, gi'atuity/, loan of money, reward or
profit, directly or indirectly, for any oflice, commission, place or employment
specified or described in the said recited Act or this Act, or within the true
intent or meaning of the jaaid Act or this Act, or for any deputation thereto,
or for any part, parcel, or participation of the profits thereof, or for any
appointment or nomination thereto or resignation thereof, or for the consent
or consents, or voice or voices of any person or persons to any such appoint-
ment, nomination, or resignation, then and in every such case every such
person, and also every person who shall wilfully and knowingly aid, abet,
or assist such person therein, shall be deemed and adjudged guilty of a
misdemeanor.
IV. And be it further enacted, that from and after the passing of this Act, Fenons re-
if any person or persons shall receive, have, or take any money, fee, reward, or ^^^ney for'
profit, directly or indirectly, or take any promise, agreement, covenant, con- soliciting offi-
tract, bond or assurance, or by any way, means, or device contract 6r agree to negocLtionTor
receive or have any money, fee, gratuity, loan of money, reward or profit, pretended ne-
directly or indirectly, for any interest, solicitation, petition, request, recom- Si^ "thereto,
nendation, or negotiation whatever made or to be made or pretended to be K"**^ ^ * ™*^-
made, or under any pretence of making or causing or procuring to be made
any interest, solicitation, petition, request, recommendation, or negociation, in
or about or in anywise touching, concerning, or relating to any nomination,
appointment, or deputation to or resignation of any such office, commission,
place, or employment as aforesaid, or under any pretence for using or having
used any interest, solicitation, petition, request, reconmiendation, or negociation
in or about any such nomination, appointment, deputation or resignation, or
for the obtaining or having obtained the consent or consents, or voice or voices
of any person or persons as aforesaid to such nomination, appointment, deputa-
tion, or resignation ; and also if any person or persons shall give or pay or
cause or procure to be given or paid any money, fee, gratuity, loan of money,
reward or profit, or make or cause or procure to be made any promise, agree-
ment, covenant, contract, bond or assurance, or by any way, means, or device
contract or agree or give or pay or cause or procure to be given or paid any
money, fee, gratuity, loan of money, reward, or profit for any solicitation,
petition, request, recommendation or negociation whatever, made or to be
made, that shall in anywise touch, concern, or relate to any nomination,
appointment, or deputation to or resignation of any such office, commission,
place, or employment as aforesaid, or for the obtaining or having obtained,
directly or indirectly, the consent or consents, or voice or voices of any person
or persons as aforesaid to any such nomination, appointment, deputation, or
resignation ; and also if any person or persons shall for or in expectation of
gain, fee, gratuity, loan of money, reward, or profit solicit, reconunend, or
negociate in any manner for any person or persons in any matter that shall
oo 2
580 49 George III. c. 12G. .A.D.1809.
in anywise touch, concern, or relate to any such nomination, appointment,
deputation, or resigaation aforesaid, or for the obtaining, directly or indirectly,
the consent or consents, or voice or voices of any person or persons to any such
nomination, appointment or deputation, or resignation aforesaid ; then and in
every such case every such person, and also every person who shall wilfoUy
and knowingly aid, abet, or assist such person therein, shall be deemed and
adjudged guilty of a misdemeanor.
V. And whereas, on the pretence of negociating or soliciting the a^e,
transfer, or appointment of any office or offices which under the exception ot
this Act or otherwise it may be lawful to sell, offices for negociating the
same and advertisements may be published by means and under the coloui
of which illegal transactions intended to be prohibited by this Act may be
Pereoiu open- carried on : Be it therefore further enacted, that from and after the passing
ti^iw ho^ of this Act, if any person or persons shall open or keep any house, room,
for traosaciuiB office, or place for the soliciting,- transacting, or negociating in any manner
oig'toihe*Bale whatever any businesa relating to vacancies in, or the sale or purchase of,
ofoffices. or appointment, nomination, or deputation to, or resignation, transfer, or
demeaiior. exchange of any offices, commissions, places, or employments whatever in or
under any publick department, then and in every such case everj' such person,
and also eveiy person who shall wilfully and knowingly aid, abet, or assist
therein, shall be deemed and adjudged guilty of a misdemeanor.
Penalty on jier- VI. AjJD be it further enacted, that if any person or persons shall advertise
ingnich homes, OT publish Or cause or procure to be advertised, or in any maimer published
"f b''V*""° any house, room, office, or place to have been or to be opened, set up, or kept
agenis. for any of the purposes aforesaid, or advertise or publish or cause or procure
to be advertised or published the name or names of any person or pereons
as broker or brokers, agent or agents, solicitor or solicitors for any of the
purposes aforeAaid, or print or cause or procure or permit or suffer to he
printed or advertised any advertisement or advertisements, proposal or pro-
posals for any of the purposes aforesaid, then and in such case such person
or persons shall forfeit for every such offence the sum of fifty pounds, to be
sued for, levied, or recovered in any of his Majesty's courts of record at
Westminster as to all offences committed in England, or at Dublin as to
offences committed in Ireland, or in his Majesty's courts in Scotland as to
offences committed in Scotland respectively ; and the whole of every sucb
penalty shall go to the person who shall sue for the same, with full costs of
suit.
Act not to ex- IX. PROVIDED always, and be it further enacted, that nothing in this Act
excepted iD*' Contained shall extend or be construed to extend to any office excepted from
fonner Act, &c. the provisions of the said Act passed in the sixth year of the reign of King
Edward the Sixth against buying and selling of offices, or to any oflice which
was legally saleable before the passing of this Act and in the gift of awy person
by virtue of any office of which such person is or shall be possessed undfr
any patent ot appointment for his life,
tendM'd«i"' ■^- Provided also, and bo it further enacted, that nothing in this Act
tatioiiB vbera contained shall extend or be construed to extend to prevent or make void
appoint depu^ *°y deputation to any oflice in any ca=e in which it is lawfid to appoint a
A.D. 1809.
49 George III. a 126.
581
deputy, or any agreement, contract, bond, or assurance lawfully made in
respect of any allowance, salary, or pajnnent made or agreed to be made by
or to such principal or deputy respectively out of the fees or profits of such
office.
XL Provided also, and be it further enacted, that nothing in the said Act
or in this Act contained shall extend to any annual reservation, charge, or
payment made or required to be made out of the fees, perquisites, or profits
of any office to any person who shall have held such office, in any commission
or appointment of any person succeeding to such office, or to any agreement,
contract, bond, or other assurance made for securing such reservation, charge,
or payment : Provided always, that the amount of such reservation, chai-ge, or
payment, and the circumstances and reasons under which the same shall have
been permitted shall be stated in the commission, patent, warrant, or instru-
ment of appointment of the person so succeeding to and holding such office
and paying or securing such money as aforesaid.
ties, or to agree-
ments as to
payment of
principal or
deputy oat of
the fees.
Act not to ex-
tend to annual
payments out
of the fees of
any office to
any former
holder ;
amount of and
reasons for
such payment
to be stated.
XIII. Provided always, and be it enacted, that every person who shall Manner of
commit in Scotland any offence against this Act, which by the? provisions of ^'^"^^.
tLe same is constituted a misdemeanor, shall be liable to be punished by fine Scotland.
and imprisonment, or by the one or the other of such punishments, as the
judge or judges before whom such offender shall be tried and convicted may
direct
XIV. And be it further enacted, that all offences committed against the ofPenees com^
provisions of the said recited Act and this Act by any governor, lieutenant "^? ^t*^
governors, or persons having the chief command, civil or military, in any of in King's
his Majesty's dominions, colonies, or plantations, or his or their secretary or ^^^^^*
secretaries, may and shall be prosecuted and enquired of and heard and
determined in his Majesty's Court of King's Bench at Westminster, in like
majmer as any crime, offence, or misdemeanor committed by any person
liolding a public employment abroad may be prosecuted and enquired of under
tlie provisions of an Act passed in the forty-second year of the reign of his under 42 Geo.d.
present Majesty, intituled "An Act for the trying and punishing in Great ^'^^'
^* Britain persons holding public employments for offences committed abroad ;
and for extending the provisions of an Act passed in the twenty-first year
of the reign of King James, made for the ease of justices and others in
pleading in suits brought against them, to all persons, either in or out of
this kingdom, authorized to commit to safe custody."
«€
«c
t€
€€
■H
«M«MM
H»M«
670
49 George III. c. 120.
A.D. 1809.
oTboanty ad-
Tuiced shall
be made ac-
cordinglj.
t«Fm which shall not commence within «uch fourteen days; and the said
several treasurers shall and they are hereby respectively required to lay the
said returns before the judges of assize on the commission day of such assizes,
or in the county and city of Dublin before the Court of King's Bench on the
first day of such term, and before the respective grand juries for such counties
or counties of cities and towns shall he sworn ; and the said judges or the said
court, as the case may be, shall and they are hereby required to give the same,
except as herein-after, excepted, in charge to the said grand juries, in order
that the sums thus expended may be presented and raised off the said counties
or counties of cities or towns, or any barony or baronies, parish or parishes
therein respectively es such grand juries respectively shall think proper, which
said presentments the said respective grand juries are hereby respectively
authorized and required to make, tmless the amount of the sum thus t« be
raised shall appear to the said respective grand juries too large to be raised at
one assizes or at one presenting term within the respective counties or
counties of cities or towns, in which case it shall and may be lawful for the
said several grand juries, by and with the concurrence of the judges of the
said assizes or the said couH, to present any part of such sum, not less than
one moiety thereof, at such assizes or terms, taid the residue shall in hke
manner be given in charge and presented. by the grand jury of such county or
county of a city or town, or grand juries of such respective eounties or counties
of cities or towns, as the case may be, at the then next ensuing assizes or
presenting term ; and in case the grand jury of any county or county of &
city or town shall, after the judges of the court shall have given the same in
charge to them, omit, ne^iJect, or refuse to present the same, then and in eveiy
such case it shall and may be lawful for the s^d judges of assize, or the Court
of King's Bench respectively, and they are hereby respectively reqiiired, to
order and direct the treasurer of such county or county of a city to include
the whole of such sum, and return the same among the presentments of the
county, so that the same shall be raised and levied forthwith ; and it shall
not be lawful to traverse any such presentm^it ; Provided always, that within
every county of a city and county of a town all sums so presented shall and
may he raised by an assessment on houses and land, according to a valuation
of the same respectively, in such manner as such grand jury shall from time
to time order and direct.
CXXXVIII. And be it further enacted, that the several tre&surers of the
respective counties and counties of cities and towns as aforesaid shall collect
and receive the said several sums, and shall forthwith pay the same to t^e
collector of excise for such county or ctiunty of a city or town, or in case then
shall be in any county two or more districts with two or more collectora
respectively, or parts of such districts, then to the collector of that part of sndi
county in which the county town is situate ; and every such collector shall
and he is hereby required to give a receipt for all sums of money that shall be
80 paid to him as aforesaid, and such receipt shall be lodged among the records
of such county, and shall be a discharge and acquittance to such county for all
'such men as shall be so raised for the time for which they shall he ho enrolled
to serve as aforesaid, unless vacandes shall occur by death, desertion, or lawful
discharge.
A.D. 1809. 49 Gbobge III. c. 120. 571
CXL. Provided always, and be it further enacted, that if it shall be deemed The embodjriog
inexpedient by his Majesty or the lord lieutenant or other chief governor or ^J^^ gj^
governors of Ireland in council to raise, embody, or continue any regiment or pended, &c.
battalion of militia in any county or city in Ireland, it shall be lawful for his
.Majesty or for the said lord lieutenant or other chief governor or governors
of Ireland for the time being, by and with the advice of the Privy Council of
Ireland, to forbid the raising or embodying of such regiment or battalion, and
to stay all proceedings therein for such time as shall be deemed expedient, or
to order that all or any of the said regiments or battalions shall be disembodied
and wholly cease and determine; anything in this Act to the contrary in
anywise notwithstanding.
CXLL Ai«rD be it further enacted, tiiat if it shall happen in any case that Fine of lo/.
the number of miUtia men duly appointed or to be appointed to be raised for 5n'cSSSti^,&c.
any regiment or battalion of militia of Ireland shall not be raised within three for crery man
calendar months from and after the time when the same ought to be raised by
\a31oi as aforesaid, or within four months from the date of the order for raising
the same by enrolling volunteers, then and in every such case the county or
county of a city or town in which such number of militia men ought to be
raised shall be charged with the payment of the yearly sum of ten pounds for
and in lieu of every private militia man so deficient ; and upon proof on oath
first laid by any governor or deputy governor of such deficiency before the
judges of assize, or in the county or city of Dublin before the Court of King's
Bench, it shall be lawful for such judge of assize and such court, and they are
hereby respectively required, to fine the county or county of a city or town, or
such district, baronies or barony, or parish or parishes thereof in which such .
neglect shall happen, in a sum after the rate of ten pounds for any private
man so deficient, and to repeat the said fine annually so long as the said
deficiency shall continue, which fine or fin^ shall be estreated into his Majesty's
Exchequer and issued in process, and shall be duly levied by the sheriff or other officers
respectively to whom such process shall be directed respectively |Bep., 53 Geo. 3.
c. 48. 6. 2.J ; and it shall not be lawful for the barons of the Exchequer or com-
missioners of reducement on any account to take ofi*, release, or reduce such
fine or fijies, or any parts thereof
CXLII. And be it further enacted, that all sach fines and all other fines Fines shaU be
hereby imposed, when not otherwise expressly directed, shall, when levied, be ^yearory.
l>aid into his Majesty's Treasury, and shall be kept separate and apart from all
other money, and shall be accounted for yearly to Parliament ; and no fee or
gratuity whatsoever shall be given or paid to any officer of the Exchequer for
or on account of receiving or issuing any such money : Provided- always, that Fines may bo
such money or any part thereof may be applied by or under the orders of oSnorf'
the lord lieutenant or other chief governor or governors of Ireland for the time lieutenant in
^5eing, if he or they shall think proper, in providing substitutes or volunteers BtUutes?^ *"
to serve in the militia for the counties, counties of cities, or district from which
such fines respectively shall have accrued, by appljring the same respectively,
or in ease and dimiiiution thereof, either in addition to the bounties herein-
hefore mentioned respectively, or partly in the one way and partly in the
other, in such manner as the lord lieutenant or other chief governor or
governors of Ireland for the time being shall direct.
572
49 George III. c 120.
A.D. 1809.
ceediDg 3(
coverable
Penalty on
lrea«uretB,
clcrkii, &c.
for neglect
CXLIII, And be it further enacted, that in all cases vhere any other mode
of proceediug is not hereby provided, all fines, penalties, and forfeitures hy
court of this Act imposed which shall exceed the sum of twenty pounds BhaH be
exceeding 20/. recovered by action of debt, bill, plaint, or information in any of his Majesty's
before Bjiu lice, superior courts of record at Dublin, wherein no essoign, privilege or protection,
wager of law, or more than one imparlance shall be allowed ; and that all
fines, penalties, and forfeitures by this Act imposed which shall not exceed tlie
sUm of twenty pounds shall, upon due proof of the offence before any justice
of the peace of the county where the offence shall be committed, be levied by
distress and sale of the offender's .goods a,nd chattels, by wairant under Uie
hand and seal of such justice, rendering the overplus {if any) on demand, after
deducting the charge of such distress and sale, to the person Vihose goods and
chattels shall have been so distrained and sold ; and for want of such distress
such justice is hereby required, in all cases where no particular time of com-
mitment is herein-before directed, to commit such offender to the comnioD gaol
of the county where the offence shall have been committed, for any time not
Applieaiion of -exceeding three months ; and the money arising by all such fines, j^enalties,
^"" ^' and forfeitures, the application whereof h not otherwise directed by this Act,
shall be paid to the collectors of excise, and accounted for and paid ovor by
them as all other monies received by them respectively.
CXLIV. ' Akd be it fuiiher enacted, that if any ixeasurer of any county, any
clerk of the peaee, or any collector of bis Majesty's revenue, or of any county
or county of a city, barony, or half bai-ony shall refuse or knowingly neglect
to do any matter or thing required by this Act to be done by liim, or shall
wilfully omit to carry any of the provisions in this Act respecting himself or
his office into execution, and shsdl be thereof convicted by information or
indictment at the assizes or King's Bench in the county or county of the city
of Dublin, he shall be fined any sum not exceeding one hundre<l pounds at the
discretion of the court
CXLV. And be it further enacted, that all convictions made by any governor
or deputy governor or justice of the peace under this Act shall be in the form
here following, or in some other form to that or the like effect ; that is to ay,
' T)E it remembered, that on the day of in the
* -*-* year at in the county [or county of a city
' or town] of A.B. of was convicted before mc, E.F.,
' the governor [or one of the govemorsj or one of the deputy govei-nors, or of
' the justice of the peace] of the said county [or coimty of a city], for that on
' the day of at in the said
' where the said A.B. did [here state the offence]. In witness whereof I tlie
' said E.F. have hereunto set my hand and seal this day
■ of in the year of our Ixird
Which conviction or any other form of conviction to that or the like effect
shall be good, valid, and effectual in law without setting out the evidence or
stating any other matter more particularly or otherwise than as nfoiesaid.
CXLVI. Akd be it further enacted, that no order or conviction made by
any governor or governors or by any justice or justices of the peace under or
by virtue of this Act shall be removed by certiorari or other writ or process
out of the county, city, or place wherein such order or conviction was made
A.D. 1809.
49 George III. c. 120.
573
into any of his Majesty's superior courts of record in Dublin ; and that no writ
of certiorari or other writ shall supersede any execution or other proceedings
upon any such order or conviction so made in pursuance of this Act, but that
the execution shall be made thereupon, any such writ or writs or allowance
thereof notwithstanding.
CXLVII. And be it further enacted, that if any action shall be brought
against any person or persons for anything done in pursuance of this Act,
Buch action or suit shall be commenced within six months next after the fact
committed, and not afterwards, ; and in any such action
or suit, if the plaintiff or plaintiffs shall be nonsuited, or discontinue his or their action
or suit after the defendant or defendants shall have appeared, judgment shall be given
against the plaintiff or plaintiffs, the defendant or defendants shall have treble costs, and
have the like remedy for the same as any defendant hath in other cases to recover costs
by law. {Rep., 5 & 6 Vict. c. 97. s. 2.}
CXLVIII. And be it further enacted, that in all cases in the execution of
this Act when any matter or thing is directed to be enquired of or examined
into upon the oath or affirmation of any witness or witnesses before any
governor of any county or any deputy governor or governors or justice or
justices of the peace, they and every of them is and are hereby respectively
authorized to administer such oath or affirmation to any witness or witnesses ;
and that all other oaths or affirmations to be taken in pursuance of this Act
shall and may be respectively administered by any governor or deputy
governor ; and every person who shall knowingly or willingly take any false
oath or affirmation in any matter required by this Act, and be thereof convicted,
shall suffer the penalties of wilful and corrupt perjury.
Certiorari flhall
Dot stay
execution.
Limitation of
'actions, &c.
Gdvemors, &c.
may administer
oaths.
Taking falne
oaths, perjury.
SCHEDULES to which this Act refera.
Schedule (A.)
County of
Return of all Male Persons residing within the Parish of
the Age of Sixteen and Forty-five Years.
Naaiefl or Common
Appellation.
Reputed
Age.
Street and
Place
of Abode.
Trade or
Occupation.
Exemption,
if any,
and what
between
If married,
No. of Children
under 14 Years
of Age.
Observations.
586
50 Geoboe hi c. 41.
A.D. 1810.
before Ihey
are licensed,
to produce
certificates oC
their inoA
cbamclcr.
*liceD»d
hawker,' &&
pat thereon.
Fenaltr on
personB not
lieensed uuug
Hciuselitildere'
Havkera ilcul-
ingiu smuggled
Koodt Bhall
XII. And be it enacted, that before any person or pei-sons hhall ceceive any
licence to trade or travel aa aforesaid, every uucli peraon or peisoiis shall
produce to the commissioner or commissioners for licensing and i-e^ulatini;
hackney coaches, or their deputy op deputies appointed for liceiising l)awkei«,
pedlars, potty chapman, and other trading pei-sons as aforesaid, a certifioile
signed by some one clergyman officiating within the parish, chapehy, or plas
wherein such person so applying for such licence has his usual reside iice, anil
also by two reputable inhabitants of the said parish, chapeh*}', or place,
attesting that the person so applying is of good character and rfputation, and
is a lit person to be licensed to exercise the trade of a hawker, pedlar, ioA
petty chapman.
XIII. And be it further enacted, that the certificate so to be produced as
aforesaid shall be in the foi-m or to the effect following :
' "VJITE, A.B. the minister, and CD. and E. F. being two householdei-s residing
' ' ' at , in the pai'ish, chapelry, or otherwise [as the ca.se may
' be,] of in the county of , do hereby certify, tlitt
• G.H. has been known to us for the space of years last past., and;
' during all that time hath usually resided in the said parish, chapelry, of
' otherwise [as the case may be,] of , and is a pei-son of good
' character and reputation, and is a Ht person to be licensed t^t exercUie tbe
' trade of a hawker, pedlai', and petty chapman. Dated the day
■ of
' A.B, MinisU
' CD.
' E.F.
XIV. And be it further enacted, that every person to whom any sudi
licence as aforesaid shall be granted under or by virtue of this Act, and who
shall trade with or under colour of such? licence, shall cause to be written,
painted, or printed, in large legible Roman capitals upon the most conspicuoat
part of every pack, box, bag, trunk, case, cart, or waggon, or otlier vcliicle or
conveyance in which he or she^shall carry his or lier goods, ware.s, and merchan-
dise, and of every room and shop in which he or she shall so tradt;, and like-
wise upon every handbill or advertisement which he or she sliall give out,
distribute, or publish, the words 'licensed hawker,' ti^ther with tlie number,
name, or otiier mark or marks of distinction so written or printtd upon his or
her licence as aforesaid ; and that every such person in any lespuct makicg
default herein shall forfeit for every offence the sum of ten pounds.
XV. AuD be it further enacted, that if at any time from and altLi' tho ^id
first day of August any person, other than to whom such licunci' .-ihall have
been so gmnted as aforesaid, shall write, point, or print, or cause, in !)(■ writtiT,
{Munted, or printed, or kept or continue written, painted, or piinUd upon luij
pack, bag, box, trunk, case, cart, wa^^on, or other vehicle or c juveyanfe fi*
any goods, wares, or merchandise, or in any room or shop in which be or sbt
shall sell or expose to sale or keep for sale any goods, wares, or niei(.handi»v
the words licensed hawker or liccntied pedlar, or any other word or words to
that effect, every person so otfeoding herein shall forfeit for each offence tiw
sum of ten pounds.
XVI. And be it furtJier enacted, that if any hawker, pedlar, petty chapmw,
or other trading pei-son as aforesaid shall froui Mid alW the Maid tii-st day vi
n
A.D. 1810.
50 George III. c. 41.
587
August be convicted of knowingly dealing in, vending, or selling any kind of forfeit their
smuggled, contraband, or prohibited goods, wares, or merchandise, or know- •»c«"ceu, &c.
iogly dealing in, vending, or selling any goods, wares, or merchandise fraudu-
lently or dishonestly procured, either by themselves, or through the medium of
others with their privity and knowledge, every such hawker, pedlar, petty
chapman, or trading person shall from and after such conviction forfeit his or
her licence, and for ever thereafter be incapable of obtaining or holding any
new licence, or dealing, trafficking, or trading under the same, and that over
and above all sucli forfeitures and incapacities, fines and penalties, to which
he or she is or shall be by law subject and liable for such illicit and illegal
trafficking and dealing.
XVIII. And be it further enacted, that if any person or persons whatsoever
sliall forge or counterfeit any licence or licences by this Act directed to be
granted, or travel with or produce or show any such forged or counterfeited
licence or licences for any of the piuposes aforesaid, every such person shall for
every such offence forfeit the sum of three hundred pounds, to be recovered
and applied as herein-afler directed.
XIX. And be it further enacted, that in case any person shall let out or
hire or lend any licence to him or her granted as aforesaid, or shall trade with
or under colour of any licence granted unto any person whatsoever, or of any
licence in which his or her own real name shall not be inserted as the name
of the person to whom the same is granted, the person letting out to hire or
Imding any such licence, and the person so trading with or under colour of
aajr licence granted to any other person, or any licence in which his or her
own real name shall not be inserted as the name of the person to whom the
same is granted, shall each of them forfeit the sum of forty pounds, to be
recovered and applied as herein-after mentioned ; and in case any person shall
be convicted or have judgment against him for lending his or her licence to
any other person or persons contrary to this Act, such his or her licence shall
be from henceforth forfeited and void, and he or she shall be utterly incapable
of having any licence again granted to him or her to trade as aforesud : Pro-
vided always, that nothing herein contained shall subject to the said penalty
any servant travelling for a licensed master with the licence of such master,
and for his benefit, or any licensed master sending such servant to travel with
Buch licence.
Penalty cm
perM>iu forg-
ing or nMing
fo^ed licences,
800/.
Penah J on
perMMut hiring
or lending
lioeDeei.
Not to extend
tOMtrantaof
lieenned
tcrv.
, ke»
XXTTL PRoymED always, and it is hereby enacted, that nothing in this Act Aet not to
shall extend to prohibit any person or persons from selling any printed papers Mliiiig*ccrti^
licensed by authority, or any fish, fruit, or victuals, nor to hinder the real ^}^f ^^
iKTorker or workers or maker or makers of any goods, wares, or manufactures
of Great Britain, or his, her, or their children, apprentices, or known agents
or servants usually residing with such real workers or makers only, from
carrying abroad or exposing to sale, and selling by retail or otherwise, any of
the said goods^ wares, or manufactores of his, Iier, or their own making, in any
marl, market, or fair, and in every city, iKiroo;]^, town eoqioraie, nod market town
£Rep., Stat. Law Bev. Act, 1872 fNo. 2;.], nor any tinkers, coofiers, glaziers,
plumbers, harness mendeiB, or other ly^rmnm usually trading iu mending kettles.
^ 688 50 George III. c. 41, 49. A.D. 1810.
<
, tubs, household goods, or hamesB whatsoever, from going about and carrying
with him or them proper materials for mending the same.
CHAPTER XLIX.
An Act to amend the Laws for the Relief of the Poor, so far as relate to the
examining and allowing the Accounts of Churchwardens and Overaeeis
by Justices of the Peace. [9th June 1810.]
TTTHEREAS by an Act made in the forty-third year of the teign of her late
43 Elk. c. 2. ^^ Majesty Queen Elizabeth, intituled " An Act for the relief of the poor,"
it is enacted that churchwardens and overseers of the poor of every parish
shall within four days after their year and after other overseers nominated
make and yield up to two justices of the peace a true and perfect account of
all sums of money by them received, or rated and sessed and not received, and
17 Geo. 2. c. 38. of all other things concerning theii* said office : And whereas by aji Act made
in the seventeenth year of his late Majesty King George the Second, for
remedying some defects in the said recited, Act made in the forty-third year
of the reign of Queen Elizabeth, it is enacted that the churchwardens and
overseers of the poor shall yearly and every year, within fourteen days after
other overseers shall be nominated and appqinted to succeed them, deliver in
to such succeeding overseers a just, true, and perfect account in writing, under
the hands of the churchwardens and overseers directed to account, of all sums
of money by them received, or rat^d and assessed and not received, and of all
other things concerning their said office ; which said account shall be verified
by oath, or by the affirmation of persons called Quakers, before one or more of
his Majesty's justices of the peace, which said oath or affirmation such justice
or justices is and are by the said Act authorized and required to administer,
and to sign and attest the caption of the same at the foot of the said account :
And whereas it is expedient that two or more justices should be empowered
to examine and correct and to allow and approve every such account before
the same shall be signed and attested : Be it therefore enacted by the Kings
most excellent Majesty, by and with the advice and consent of the lords
spiritual and temporal, and commons, in this present Parliament assembled,
Accounts of and by the authority of the same, that in all cases where any such account is
churchwardens required to be made and yielded, and to be signed and attested as aforesaid
aad overseers \yy virtue of the said last recited Act, every such account shall be submitted
of the poor to "^ . /
be submitted by the churchwardens and overseers to two or more justices of the peace of
by them to two ^j^^ coimty, dwelling in or near the parish or place to which such account
tices at a spe- shall relate, at a special sessions for that purpose to be holden witbin the four-
b^heldibrthat ^^^ ^^y^ appointed by the said last recited Act for delivering in such account;
purpose* and such justices shall and they are hereby authorized and empowered, if thcf
shall so think fit, to examine into the matter of every sijch account^ and to
administer an oath or affirmation to such churchwardens and overseers of the
truth of such account, and to disallow and strike out of every such account
all such charges and payments as they shall deem to be unfounded, and to
reduce such as they shall deem to be exorbitant, specifying Upon or at the foot
of such account oveiy such charge or payment and its amount, so far as such
justices shall disallow or reduce the same, and the cause for which the same
A.D. 1810. 50 Geobge III. c. 49. 589
18 disaUowed or reduced ; and it shall be lawful for such two or more justices,
and they are hereby required, to signify their allowance and approbation of
any such account under their hands, and to sign and attest the caption of the
same at the foot of such account in manner directed by the said last-recited
Act : And in case such churchwardens and overseers or any of them shall Penalty for
refuse or neglect to make and yield up or to submit such account, or to verify °^^'^°^» ^^'
the same by oath as aforesaid, or tp deliver over to their successors within ten
days [from the signing and attesting such accounts any goods, chattels, or
other things which on the examination and allowance of such account in
manner alToresaid shall appear to be remaining in the hands of such church-
wardens or overseers, it shall and may be lawful for any two or more justices
of the peace to commit him, her, or them to the common gaol until he, she, or
ihey shall have made and yielded such account, and verified the same as afore-
said, or shall have delivered over such gopds, chattels, and other things wjiich
shall appear to be so remaining in his, her, or their hands as aforesaid ; and in
case such churchwardens and overseers or any of them shall refuse or neglect
to pay to their successors within fourteen days from the signing and attesting
such account any sum or sums of money or an*earages which on the examina-
tion and allowance of such account in manner aforesaid shall appear or be
found to (be due and owing from such churchwardens or overseers or any of •
theiD, or remaining in their hands, it shall and may be lawful for the subse-
quent churchwardens and overseers by warrant from any two or more justices
of the peace to levy all such suifi and sums of money by distress and sale of
the offenders goods, rendering to the parties the overplus ; and in default of
nch distress it shall be lawful for any such two justices of the peace to commit
tte offender or offenders to the common gaol of the county, there to remain
without bail or mainprize until payment of such sum or sums of money or
arrearages as aforesaid.
IT. Provided always, and be it enacted, that if such churchwardens or cburdiwar-
overseers or any of them shall feel themselves, himself, or herself aggrieved ^"'t *^^- ™"^
by the disallowance or reduction of any such charges or payments, and be ter f«e*>ionh,
desirous of appealing against any order in that respect made by any such "p^n*** *^<^J-
two or more justices of the peace, it shall and may be lawful for him, her, tices.
or them to enter an appeal against such order, at the next general or quarter
sessions to be holden next after the tenth day from the making of such order,
he, she, or they having first paid or delivered over to the succeeding church-
wardens and overseers such simi and sums of money, goods, chatteb, and
other things as on the face of the account which shall have been submitted
by him, her, or them to such two or more justices in manner aforesaid shall
appear and be admitted to be due and owing from him, her, or them, or remaining
in his, her, or their hands^ and having also entered into a recognizance before one
or more such justice or justices, with two sufficient securities to be approved of
by such justice or justices before whom such'recognizance shall be acknowledged,
in not less than double the sum or value in dispute, to enter such appeal at such
next general or quarter sessions, and abide by such order as shall at that or
any subsequent sessions be made on such appeal ; and it shall and may be
lawful for the justices of the peace assembled at such general or quarter
session**, on pro^^f of the matters afore^^^aid, and on tlie pn^uction of such
t^cognizanoe and proof of the same having \>een duly entered into, to adjourn
lUK-
592 50 Oeorqe IIL c 56. A.D. 1810.
'' ' An Act for granting to his Majesty several rates and duties upon offices
*' ' and pensions, and upon houses, and upon windows or lights, and, for
'' ' raising the sum of five millions by annuities and a lottery, to be charged
'' ^ on the said rates and duties,' so £aj* as the same relates to the rates and
'' duties on offices and pensions," certain provisions were made for collecting
and paying the said last-mentioned duty of one shilling in the pound : And
whereas by another Act passed in the twenty-seventh year of the reign of his
37 Geo. d. c. 13. present Majesty, intituled '' An Act for repealing the several dutiess of cusionu
" and excise, and granting other duties in lieu thereof, and for applying tlie
" said duties together with the other duties composing the public revenue;
" for permitting the importation of certain goods, wares, and merchandize, the
'' produce or manufacture of the European dominions of the. French* King
'' into this Kingdom ; and for applying certain unclaimed monies remainiTig
" in the EKchequer for the payment of annuities on lives, to the reduction cf
" the national debt," the said respective duties of sixpence and one shilling
were carried to and made part of the consolidated fund : And whereas by
another Act passed in the forty-eighth year of the reign of his present Majesty,
48 Geo. 3. c. 2. intituled " An Act for continuing to his Majesty certain duties on malt, sugar,
'' tobacco and snuff in Great Britain, and on pensions and offices in England ;
'' and for repealing so much of certain Acts as relate to certain duties of
'' sixpence and one shilling respectively on offices and pensions ; and for
'' regulating the said duties of sixpence and one shilling respectively, and the
'' said other duties, for the service of the year one thousand eight hundred
*' and eight," by which the said recited Acts passed in the seventh and twelfth
years of the reign of his said late Majesty Sing (Jeorge the First, and the said
recited Acts in the thirty-first and thirty -second years of the reign of his said
late Majesty King C^eorge the Second, and in the twenty-ninth year of the
reign of his present Migesty respectively, so far as the same relate to the
said duties of sixpence and one shilling in the pound respectively, should
from and after the twenty-fifth day of March one thousand eight hundred
and eight be and the same were thereby repealed, with an exception therein
mentioned ; and it was by the said last recited Act enacted that for and
upon all pensions charged upon any of his Majesty's revenues, or any rates
or duties granted to his Majesty, or upon the contingent iund, fees, or
incidents of any office, or upon any public monies, and also upon all saUries
fees, or wages, payable for or in respect of any offices of profit granted by or
derived from the crown, upon, for, or in respect of which before the passing of
this Act the said deduction of sixpence in the pound was charged or chaiige-
able, there should be imposed a duty of sixpence in the pound, and for aod
upon every twenty shillings of the yearly value or amount of aU salaries, fees,
and perquisites incident to or received for or in respect of all offices and em-
. ployments of profit, and for every twenty shillings of all pensions and other
gratuities payable out of any revenue belonging to his Majesty in Great
Britain, or out of the contingent fund^ fees, or incidents of any office, or oat of
any public monies, exceeding the value of one hundred pounds per annum, and
in respect of which pensions or other gratuities before the passing of the said
last recited Act the said deduction of one shilling in the pound was charged
or chargeable, or made or liable to be made, there should be charged a duty of
one shilling ; and it was by the said last recited Act further enacted, that the
A.D. 1810.
50 George IIL a 56, 58.
593
said several duties of sixpence and one shilling respectively by the said Act
granted should be charged and chargeable for one year from the twenty-fifth
day of March one thousand eight hundred and eight : And whereas another
Act was passed in the last session of Parliament, intituled " An Act for con-
'' turning and making perpetual several duties of one shilling and sixpence,
" repealed by an Act of the last^session of Parliament, on offices and employ-
" ments of profit, and on annuities, pensions, and stipends, and thereby granted
'* for one year to the twenty-fifth day of March one thousand eight hundred
" and nine,'' by which it was enacted, that from and after the twenty-fifth day
of March one thousand eight hundred and nine there should be assessed, raised,
levied, and paid unto and for the use of his Majesty, his heirs and successors,
up(« all annuities, pensions, stipends, and other payments, salaries, fees, wages,
and perquisites, as set forth in the schedule to the said Act annexed, the
several rates and duties respectively inserted and contained therein: And
whereas doubts have arisen whether the rates and duties specified in such
schedule extend to the said duties of sixpence and one shilling respectively,
charged and chargeable in Scotland, by the said recited Acts passed in the
seventh year of the reign of his said late Majesty King Oeorge the First, and
in the thirty-first year of the reign of his said late Majesty King Oeorge the
Second : Be it enacted by the King 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 the said
duties of sixpence and one shilling respectively shall be assessed, raised, levied,
ind paid in Scotland for the purposes directed by the said last recited Act,
tr and in respect of all pensions and annuities, and for and in respect of all
alaries, fees, wages, and perquisites, and for and in respect of all pensions or
gratuities, for or in respect of which or of any of which the said duties were
respectively chfurged or chargeable in Scotland prior to the passing of the said
last recited Act, by virtue of the said two recited Acts, passed in the seventh
year of the reign of his said late Majesty King G^rge the First, and in the
thirty-first year of the reign of his said late Majesty King Oeorge the Second, or
hy virtue of any Act or Acts passed prior to the passing of the said last recited
Act passed in the last session of Parliament, in the manner in which the same
were respectively raised, assessed, levied, and paid prior to the passing of the
said recited Act passed in the forty-eighth year of the reign of his present
Majesty.
49 Geo. 3. c. 32.
The datiet of
6d. and U.
chargMbf
49 Cko. 3. c. 32.
shall be raised
in Scotland in
respect of pen-
sions, &c., in
the same man-
ner as before
the passing of
48 Geo. 3. c. 2.
CHAPTER LVIII
An Act to amend several Acts for the Redemption and Sale of the Land Tax.
[9th June 1810.]
n. And whereas by an Act passed in the forty-second year of the reign
of his present Majesty, intituled " An Act for consolidating the provisions 42 Geo. s.
" of the several Acts passed for the redemption and sale of the land tax into ^* ^^^'
" one Act, and for making further provision for the redemption and sale
" thereof, and for removing doubts respecting the right of persons claiming
" to vote at elections for knights of the shire and other members to serve in
" Parliament in respect of messuages, lands, or tenemenis, the land tax upon
" which shall have been redeemed or purchased," all corporations aggr^ate
VOL. rv, P P
S94
50 George IIJ. c 58, 59.
A.D. 1810.
CorporatioDB
«ole or aggre-
gate ma]- re-
deem the land
in tfieir patron-
age b; Bale of
other Uods
such corpora-
Patrotu Bhall
be entitled to
lentchaige out
of living equi-
valent to tax
BOf
be declared »
be siupended
during the
inng the
conibeDcr.
are enabled by tbe aale of lands or by tte grant of rentchargea to provide tor
the redemption of the land tax chained on the glebe lands, tithes, and otiier
profits of any living or livings in the patronage of such corporations ^^r^iU
respectively, in cases where such land tax shall have been or shall be re-
deemed by or OQ behalf of such corporations aggregate ; and it is expedient
that similar powers should be given to corporations sole and to companies : Be
it therefore further enacted, that where the land tax charged upon the gl^
lands, tithes, or other profits of any living or livings in the patronage of any
archbishop, bishop, or other corporation sole, or any company or compames,
shall have been or shall be redeemed by or on the behalf of any such bodi«
politic or corporate or companies by virtue of any of the provisions of iht
said recited Acts or of this Act, it shall be lawful for any such archbishop,
bishop, or bodies politic or corporate, whether sole or ^gregate, or companiea,
to provide for such i-edemption by sale of any lands, tenements, or heredita-
ments belonging to such archbishop, bishop, or bodies politic or corponUe,
whether solo oi- aggregate, or companies respectively, or by the grant of aay
rentehai^, which they could or might respectively lawfully naake for the
redemption of any land tax charged on the lands belonging to snch archbishop,
bishop, or bodies politic or corporate, whether sole or aggregate, or companies,
and the land tax so redeemed shall be forthwith extinguished ; bat eveiy such
archbishop, bishop, or body politic or corporate, whether sole or aggregate, or
company, shall nevertheless be entitled to an annual rentcbarge issuing out of
such living equivalent to the amount of the land tax redeemed, unless it shall
be declared in writing under the seal or common seal of the archbishop, bishop,
body or bodies politic or corporate, whether sole or aggregate, or companies,
having such right of patronage or nomination, at tbe time of presenting or
nominating any clerk or clerks to such'living or livings, that such rent^nharge
shall be suspended during his or their incumbency or respective incumbenciei,
which declaration the archbishop, bishop, body or bodies politic or corporate,
whether sole or aggi'egate, or companies entitled to nominate to such living
or livings shall from time to time be competent to make : Provided always,
that such suspension shall be without prejudice to the right of the said arch-
bishop, bishop, body or bodies politic or corporate,'or companies respectively
to recover such rentcharge after the next or any future avoidance : Provided
also, that any declaration made by any such archbishop, bishop, bodiett [xilitic
or corporate, whether sole or aggregate, or companies, at the time of i-eJeeming
the said land tax, shall be as available during the incumbency of the tlien I
rector, vicar, or curate as if it bad been made at the time of his heiag ,
preferred to such living.
CHAPTER LIX.
An Act for more effectually preventing the Embezzlement of Money or Secu-
rities for Money belonging to the Public by any Collector, Receiver, or
other Person entrusted with the Receipt, Care, or Management thereof.
[9th June IMIO.]
WHEREAS it is most expedient that due provision should be made more
effectoally to prevent the embezzlement of money or securities for raonej bt-
longicg to tbe public by any collector, receiver, or other officer entrusted wiili il";
A.T>. 1810.. 50 Geohge III. c. 59, 82. 695
receipt, cnslody, or nunagement thereof: Be it therefore enBGt«d by the Kin^s most
eiceUent Majestj, by and with the advice and consent of tho lords spiritual and
temporal and (Mmmons, in thin present Farliament assembled, and by the authority
of the Mine, that if any person or persons to whom any money or securities for Teiuaui em-
money shall be issued for public services shnll from and after the passing of this |>eMilii« money
Act embezzle such money, or in any manner fraudulently apply the satne to his own 1"''*^ '?' P"*""
UK or benefit, or for any purpose whatever except for public services, every such Buiitjofa*
person so ofiending, and being thereof duly convicted according to law, in any part of mudemeaiior,
the United Kingdom, shall be adjudged guilty of a misdemeanor, aud shall be sen- &c.
teaced to be transported beyond the sea, or to receive such other punishment as may
bj law be inflicted on persons guilty of misdemennorB, and as the court before which
neb offenders may be tried and convicted shall adjudge. {Rep., 2 & 3 Will 4.
c. 4. s. l.J
II. And be it further enacted, that if any such oflScer, collector, or receiver omcers givhig
so entrusted with the receipt, custody, or maoagement of any part of the ^wofrnMey
public revenues shall knowingly furnish false statements or returns of the entnuted to
sums of money collected by him or entrusted to bis care, or of the halauces of gQiitj^a
mouey in his hands or under his control, such officer, collector, or receiver so misdemeuior,
offending and being thereof convicted shall he adjudged guilty of a mis- ^erad ineapahie
demeanor, and shall be adjudged to si^er the punishment of fine and imprison- ^jV*^ '^'^
ment at the discretion of the court, and be rendered for ever incapable of cnm.
holding or enjoying any office under the crown.
CHAPTER LXXXIL
p)R
An Act to amend the Iaws relative to the Sale of Flax Seed and Hemp Seed
in Ireland.I*I [15th June 1810.]
IR the prevention of fraudulent practices in reapect of flax seed and hemp
seed sold in Ireland for sowing : Be it enacted by the King's most excel-
lent Majesty, by and with the advice and consent of the lords spiritual and
temporal, and commons, in this present Parliament assembled, and by the
lothority (^ the same, that no action or suit shall be brought in Ireland Action* fox
wherel^ to charge any person to answer damages for having at any time j^JT^ j^j..
after the passing of this Act sold unsound, mixed, bad, or damnified flax seed *>»U not be
or hemp seed, or flax seed or hemp seed unfit for sowing, unless the warranty ccpToD tn^tten
on which mich action shall be brought, or some memorandnm or note thereof, wuranty.
shall be in writing signed by the party to be diaiged therewith, or by some
other person thereunto by him lawfully authorized ; any law, statutd, or usage
to the contrary notwithstanding : Provided always, that nothing in this Act
contained shall extend to any action or suit relating to any flax seed or hemp
seed sold in any smaller quantity than two bushels.
I* Rep., so hr forth as relates to the inspection and sale of flax seed, 6 Geo. 4. c. 122.
S.42.I
596
50 George IIL c. 84.
A.D. 1810,
r
v\
n
Scotcb Acts
respectiD^
teinds in 1633,
recited.
CHAPTER LXXXIV.
An Act for augmenting Parochial Stipends in certain Cases in Scotland.
[IStb June 1810.1
HEREAS by an Act of the Parliament of Scotland made in the year
w
10,000/L yearly
may be set
apart in the
hands of the
receiver gene-
ral in Scotland
for the pur-
poses aner
mentioned.
Clerks of the
presbyteries
shall make up
accounts of
the different
parishes, the
stipends of
which do not
amount to 150/.
Particulars to
be specified.
one thousand six hundred and thirty-three, intituled '' Anent the rate
" and price of teinds ;' and by another Act of the Parliament of Scotland
made in the same year one thousand six hundred and thirty-three, intituled
^* Commission for valuation of teinds not valued, rectifying the valuations of
'' the same already made, and other particulars therein contained/' it was
statuted, ordained, and declared that all heritors and liferenters of lands in
Scotland should be entitled to have the teinds or tithes of their lands valued
at certain fixed rates, to be paid for the same in all time to come : And whereas
in many parishes in Scotland where the stipends of the parochial ministers are
payable out of the teinds or tithes in consequence of the depreciation of the
value of money the stipends of such parochial ministers have become inade-
quate to their support and maintenance, and on account of the valuations of
teinds which have taken place no funds exist out of which future augmenta-
tions of such stipends can be granted : And whereas in several parishes where
the stipends of the parochial ministers are payable out of funds and revenues
separate and distinct from the teinds such stipends have also become inade-
quate to the support and maintenance of the ministers thereof, and no funds
exist out of which such stipends can be augmented : And whereas it is
expedient that means should be provided for augmenting the stipends of each
of such ministers as aforesaid to a yearly amoimt or value of one hundred and
fifty pounds sterling, and it appears that an annual sum not exceeding ten
thousand pounds sterling will be sufficient to carry these purposes into effect :
May it therefore please your Majesty that it may be enacted, and be it
enacted by the King's most excellent Majesty, by and with the advice and
consent of the lords spiritual and temporal, aad commons, in this present
Parliament assembled, and by the authority of the same, that from and after
the passing of this Act there shall in every year be set apart and appropriated
in the hands of his Majesty's receiver general and paymaster in Scotland, out
of the publick revenues and money received and collected by him, an annual
sum not exceeding in the whole the sum of ten thousand pounds of lawful
money of Great Britain to answer the purposes of this Act, to be applied in
manner herein-after mentioned.
II. And be it further enacted, that as soon as conveniently may be after
the passing of this Act the clerks to the diflerent presbyteries within Scotland
shall make up accounts of the different parishes within each presbytery the
stipends of which parishes do not extend in their yearly amount or value U)
the sum of one hundred and fifty pounds sterling, and which cannot be
augmented to that extent under the laws at present in force, either by reason
of the teinds of such parishes being already exhausted, or for other want of
fimds out of which such augmentations could be made, or where from the
small amount or value of the imexhausted teinds it has been deemed inexpe-
dient to bring actions of augmentation ; which accounts shall specify the
amount of each such stipend in money, grain, or other articles in which the
A.D, 1810.
50 Georqe III. c. 84.
597
same is payable, and the rate at which such grain or other articles, if not in
(ue to be paid in kind, are convertible into money, and if in use to be paid
in kind, the value thereof on an average of the last nine years preceding the
passing of this Act, and the period when such stipend was last augmented^
and if any unexhausted teind remains, specifying the amount or value thereof ,
as far as the same can be ascertained ; and the said accounts shall be trans- •
mitied to the teind derk or principal clerk to the lords of council and session,
as commissioners for plantation of kirks and valuation of teinds appointed by
an Act of the Parliament of Scotland in one thousand seven himdred and
seven.
III. Akb be it enacted, that when and as soon as the accounts shall be LordBofses-
•
received from the clerks to the different presbyteries in manner before men- s*?n, as com-
^ -^ ... -I ™i«8ioner8 of
tioned, the same shall, upon the application of any of the ministers interested, teinds, to make
or of the procurator for the church on behalf of the whole, be taken into l^j^ ^^
eonsideration by the lords of council and session as commissioners as aforesaid, the sums ne-
and a list or schedule shall thereupon be made up under their direction and au^^t^em
authority of all such stipends which from the causes aforesaid cannot be to iso/.; and
augmented to the annual amount or value of one hundred and fifty pounds ca^^nwhich^
onder the laws at present in force, specifying the amount of each stipend in ^^^ should
money, grain, or other articles in which the same is payable, and the rate at before relief
which such grain and other articles, if not in use to be paid in kind, are ^ S*^®"**
convertible into money, or if in use to be paid in kind, the value thereof on an
average of the last nine years preceding the passing of this Act, and of the sums
necessary to augment each such stipend, including its present annual amount
or value, to the annual amount or value of one hundred and fifty pounds
iterling, provided that the said augmentations shall not exceed in the whole
the annual sum of ten thousand pounds sterling ; and in such list or schedule
it shaU and may be lawful to the said lords of council and session as commis-
sioners aforesaid to specify those oases in which in their opinion the teinda
should be fully exhausted before any relief or augmentation should be granted
onder the authority of this Act.
ly. Pbovibed always, and be it enacted, that it shall and may be lawful in In snch Uai
those cases where the present stipend does not amount to one hundred and ^^p^l^gg
fifty pounds, and where the unexhausted teinds .will not be g^fficient to of modification
aogment it to an amount beyond one hundred and . fifty pounds, and where i^^h^^
the commissioners are of opinion that the teinds should' be in the first instance ^^^^ ^^^ ^^
exhausted, for each minister whose case shall be so specified as aforesaid forth-
with to institute a process of modification and augmentation for obtaining the
i^emainder of such unexhausted teinds ; and that it shall be lawful for the
said lords of council and session as commissioners aforesaid, to award to him
the whole of such unexhausted teinds as soon as the course of such process
shall admit, anything in an Act passed in the forty-eighth year of his
present Majesty's reign, intituled ''An Act for defining and regulating the 48 Geo. a.
'' powers of the commission of teinds, in augmenting and modifying the ^
'' stipends of the clergy of Scotland,'' or in any other Act or Acts to the
<3ontmry contained in anywise notwithstanding.
V. Anh be it enacted, that the list or schedule so to be made up as aforesaid List when
ahall, under the directions of the said lords of council and session aa commis- ^i^^ ^
59S
50 Oeoroe III. R. 84.
A.D. 1810.
Minietern may
apply t« pre«-
byteriea if
their stipeDd!>
be not specified
in list, or if
Presbyteries to
report on SDch
objectioiiK to
Miaititers
thinking
theiDKlTes
aggriuted by
eauh report
■nay petition
of teinds ;
whose ileter-
mioataon Bhall
bcfiiMl.
On receipt of
reportH uid
determination
□fpetitiouf,
list of BtipendK
to be nettled
and recotded in
the books of
thecr
Certified copy
□f the recotded
to the boroos
of Exchequer
in Scotland,
vho sball issue
sioners aforesaid, be forthwith printed, and a copy thereof shall be tient by
their clerk to each minister whose stipend shall have been included in the
accounts transmitted from the presbyteries to the said teind clerk or piinci|ial
clerk of the said lords of council and session as commissioneru aforesaid in
manner before mentioned, and a copy to the clerk of each presbytery vithiD
ScotUnd, who shall thereupon give notice to each minister of the preabytcry
of the receipt of such printed copy of the aforesaid list or schedule.
VI. And be it enacted, that it shall and may be lawful to and for everj-
minister of the presbytery whose stipend shall not be specified in the .said
list or schedule, but whose stipend should in virtue of this Act have been so
specified therein, to make a representation to the presbytery of the hounde.
shewing why his stipend should be so specified, and for every miuiatcr whose
stipend shall be specified in the said list or schedule to preseiit objections
thereto, if he shall see cause, to such presbytery of the bounds ; and it shall be
lawful to each presbytery ,^and such presbytery is hereby required, to take such
representations and objectioos into consideration, and to repoH their opinion
upon such list or schedule as the same may appear to them to the sjiid lordd itf
coupcil and session as commissioners aforesaid : Provided always, that such
report shall be made by each presbytery and transmitted by the clerk of such
presbytery to the teind clerk or principal clerk of the said lords of couni;il
and session as commissioners aforesaid within six calendar months next
after the said list or schedule shall have been received by the clerk of such
presbytery.
VII. And be it enacted, that if any minister shall think himself aggrieved
by Miy report made by or proceedings of any presbytery in the matters afore-
said, it shall and may be lawful to such minister to present his petition to the
said lords of council and session as commissioners aforesaid, stating tbegrouods
of his objection or complaint in the premises ; and the said lords of council
and session as commissioners aforesaid shall order such petition to be taken
into consideration in a summary way, and direct the same to be answered or
otherwise ; and shall determiue in the matter of such objection or complaint
as early as the circumstances of the case will permit ; and such determination
shall be final and conclusive and not subject to any appeal to the House of
Ijords.
VIII. And be it enacted, that the said lords of council and session a*
commissioners aforesaid shall with all convenient dispatch after such reports
shall have been received from the presbyteries as aforesaid take the same, with
the determination that may have been given on any petition as afore.said, and
the list or schedule formerly prepared by them, into consideration, and shall
confirm the said list or schedule, or make such alterations thereon an to them
shall seem just and expedient, and sliall adjust and settle the same, and afteril
shall have been so adjusted and settled shall order the same to be recorded in
their books.
IX. And be it enacted, that the said teind clerk or clerk to the lords (^
council and session as commissioners aforesaid shall forthwith make out tm
extract or certified copy of the said recorded list or schedule, and transmit tJie
same to the barons of his Majesty's Exchequer in Seotiand, who sliall apfioint
the same to be also forthwith recorded in their books ; and shall thereupon
A.D. 1810. 50 George III. c. 84. 599
issue a precept or warrant, addressed to his Majesty's said receiver general and to the ministers
paymaster in Scotland, to each of the ministers, of the respective parishes dre^toihe
mentioned in such list or schedule, for payment to such minister of the annual receivergeneral
sum which, according to such list or schedule is necessary for augmenting his thesa^neo^
stipend to the annual amount or value of one hundred and fifty pounds, to be ^ ^^^
paid to him at the terms or times herein-after directed during his incumbency to 150/.
in the parish mentioned in such precept or warrant, and shall cause such
precept or warrant to be transmitted to the minister therein mentioned.
X. And be it enacted, that as soon as the said lords of council and session When comnus-
as commissioners aforesaid shall have decided in any process or processes for ?;?;e'de^|S2i
obtaining the remainder of any unexhausted teinds in manner herein-before in processes for
directed, and shall thereupon or upon any other ground have determined with J^^ ^^
respect to the stipend or stipends of any minister or ministers which ought to determined
be augmented under the authority of this Act, and shall have ascertained the necessary to
sum necessary for augmenting e'ach such stipend to the annual amount or augmwitany
valne of one hundred and fifty pounds, the said lords of council arid session as ghau p^pare
commissioners aforesaid shall cause a list or schedule of such stipend or stipends ^^** of such
, , , stipends, order
to be made out in manner as herein-before directed, specifying the sum them to be
necessary for augmenting each such stipend to the annual sum of one hundred ««»^^j^"»d
and fifty pounds ; and such list or schedule shall be recorded in the books of manner to the
the teind court, and an extract or certified copy thereof shall be made out in ^^^^^^
manner herein-before directed, and shall be transmitted to the barons of shaU issue
Exchequer, who shall cause the same to be also recorded in their books, and JJ^JJJIat &x.
ihall issue their precept or warrant, addressed to ' his tiajesty 's said receiver
(eneral and paymaster in Scotland, to each of the ministers of the respective
parishes mentioned in such list or schedule, for payment to such minister of
die annual sum which according to such list or schedule is necessary for
augmenting his stipend to the annual amount or value of one hundred and
fifty pounds, to be paid to him at the terms or times herein-afler directed
daring his incumbency in the parish mentioned in such precept or warrant,
and shall cause such precept or wanunt to be transmitted to the minister
therein mentioned.
XL And be it enacted, that the augmentations by this Act granted out of Augmentations
the fund before mentioned shall be payable by two half-yearly payments at yeaiiyhj the "
the terms of Whitsimday and Michaelmas in each year ; and the first half- "^ccirer gene-
yearly payment thereof shall be due and payable for the half-year immediately
preceding the term of Whitsunday last ; and the same shall be so expressed
in the precepts or warrants to be issued by the barons of Exchequer in manner
herein-before directed ; and at the first term of Whitsunday or Michaelmas
after the passing of this Act, or as soon thereafter as the amount of the
i^pective augmentations shall be fixed and settled, the said receiver general
and paymaster shall be and is hereby required to pay to the minister men-
tioned in such precept or warrant as herein-before directed to be issued, or to
any person or persons duly authorized to that effect by such minister, the half-
yearly payments that may be due and payable to such minister at the time,
Bubject to deduction for the first year in manner herein-after mentioned ; and
at every subsequent term of Whitsunday or Michaelmas thereafter the said
receiver general and paymaster shall be and is hereby required to pay to such
600
50 George III. c. 84.
A.D. 1810.
!
Outofihe
i*
first year's
i
augmentation
Is, in the
r-
pound shall be
retained,
: »
■
r-
v^
k
k-
*4
to be appHed
1.
in paying the
i V
expences in-
curred, &c.
p
•v
•
^'-
r ■
f-
0"
In cases of
death or re-
moval of mi-
nister, how
buccessors
shall act.
minister or person or persons auihorized as aforesaid the half-yearly payment
or payments that may be due to such minister at the time.
XII. And be it enacted, that out of the first year's augmentation granted to
such ministers as aforesaid, and payable by virtue of this Act, the said receiver
general and paymaster shall be and he is hereby authorized and required to
deduct and retain the sum of one shilling in the pound sterling of the sum
payable to each of such ministers as aforesaid, to be applied in manner herein-
after directed, but such deduction shall be made only from the augmentation
payable for the first year under this Act, and no such deduction shall be made
from the augmentation payable for any subsequent year.
XIII. And be it enacted, that the said lords of council and session as com-
missioners aforesaid shall cause to be made up an account of the expenoes
incun'ed, and of the recompence to be made to the persons employed under the
authority of this Act for their labour and trouble in the matters aforesaid, and
shall specify in such account the persons to whom such expences and recom-
pence shall be paid, and the sum payable to each person, not exceeding in
the whole the amount of the deduction of one shilling in the pound to be
retained by the said receiver general and paymaster in manner before men-
tioned, and shall certify the same to the said barons of Exchequer ; and the
said barons of Exchequer shaU from time to time issue their waxrants upon
the said receiver general and paymaster, for payment to the persons specified
in such account, or to their order, of the several sums of money therein
specified.
XIV. And be it further enacted, that when the minister of any church or
parish whose stipend shall have been specified in any list or schedule herein-
before directed to be prepared by the said lords of council and session as
commissioners aforesaid shall die or be removed from the charge of his choith
or parish, his successor in such church or parish, if no precept or warrant had
been granted to his predecessor, shall be entitled to take all such steps in
regard to the obtaining of such precept or warrant as would have been com-
petent to his predecessor, but shall be as he is hereby bound and obliged to
account for and pay to his predecessor, or to the executors or personal repi'e-
sentatives of his predecessor, whatever part of the augmentation granted under
the authority of this Act shall be due to such predecessor or to the executors
or personal representatives of such predecessor respectively; and if such
precept or warrant had previously been granted, the minister succeeding to
such church or parish shall be entitled to apply to the said barons of Exchequer
to be put in the place and stead of the minister so dying or being removed br
aforesaid with respect to future payments under this Act, in the manner
herein-after mentioned ; and the said barons of Exchequer, upon being satisfied
that the minister so applying has succeeded to the church or parish of the
minister so dying or being removed as aforesaid, shall forthwith issue a precept
or warrant to the said receiver general and paymaster, in favour of the minister
ao applying, for payment to him of the sums which were payable to the former
minister of such church or parish at the terms or times herein-before directed
during his incumbency in the chm*ch or parish mentioned in such preceptor
wan*ant, and shall cause such precept or wanttnt to be transmitted to ^
.
A.D. 1810.
50 Geobge ni. c. 84.
601
minister therein mentioned ; and the sums therein mentioned shall be payable
and be paid npon such precept or warrant by the said receiver general and
pajrmaster to the minister mentioned therein, or to any person or persons duly
authorized to that effect, at the term or terms and in manner here|n-before
directed ; and so on, as often as the case shall happen, with respect to all the
fflinisters who shall succeed to any church or parish the stipend of which shall
be inserted in any such list or schedule as aforesaid.
XV. Provided always, and be it* enacted, that the rights and interests of the
respective ministers who may be entitled to the augmentations to be granted
under the authority of this Act shall in case of their decease or removal cease
and determine at the same terms of Whitsunday or Michaelmas, and in the
same manner, as the rights and interests of the clergy of Scotland in their other
stipends cease and determine by the law of Scotland ; and that in like manner
the rights and interests of their successors to the said augmentations to be
granted under the authority of this Act shall commence at the terms of
Whitsunday qr Michaelmas imihediately preceding their admission to their
respective churches or parishes, in the same manner as the rights and interests
of the clergy of Scotland to their other stipends do commence by the law of
Scotland.
XVI. Provided also, and be it enacted, that the executors or personal
representatives of the ministers dece^asing whose stipends shall be augmented
under the authority of this Act, and the executors or personal representatives
of their successors, shall be entitled to draw one half-yearly moiety of the
augmentations to be granted under the authority of this Act, in name of Ann,
over and above the stipends that may have been due to the ministers deceasing,
in the same manner as is directed by the law of Scotland with respect to the
other stipends of the clergy of Scotland ; and the* barons of his Majesty's
Exchequer shall grant precepts or warrants to his Majesty's said receiver
general and paymaster, for payment of the said half-yearly moiety in name of
Ann to those having right thereto by the law of Scotland upon their receipt,
and this without the necessity of any confiimation or other title to be made
up in that behalf.
XVII. And be it enacted, that when the pastoral charge in any of the
churches or parishes the stipends of which shall be augmented as herein-
before mentioned shall at any time hereafter become vacant, the several sums
herein-before directed to be appropriated for augmenting such stipends respec-
tively shall not during any such vacancy (excepting only with regard to the
lialf-yearly moiety in name of Ann directed to be paid as herein-before
specified) be applicable to the purposes, to which vacant stipends in Scotland
are at present by law applicable ; nor shall tl^ey in any such case be subject
as vacant stipends ai*e to the disposal of the patrons of such vacant parishes,
or of the barons of his Majesty's Exchequer in parishes of which lus Majesty
is patron, or of the synods of Argyll or Glenelg, which have or claim to have
a right by law to dispose of the vacant stipends within their bounds.
XVIII. Akd be it further enacted, that in the event of every vacancy
occurring in the 'parishes in which the parochial stipends shall have been
augmented under the authority of this Act, the annual sums herein-before
In case of
death or re-
moval, rights
of ministers to
augmcntationfl
under this Act
to cease in
like manner as
their rights to
other stipends
cease.
Executors of
ministers dying
may draw for
one half-yearly
moiety of
augmentation,
in name of Ann,
beyond what
may be due.
Augmentations
not to be ap-
plied daring
vacancies to the
purposes to
which other
vacant stipends
are applicable ;
but to be paid
to the trustees
of the fund fbr
the proyisioti
602 50 George III. c. 84. A.D. 1810.
of widowB and directed to be appropriated for augmenting the stipends herein-before men-
mimswrs'oniier tioned shall, after payment of the Ann in manner before directed, dunng any
i9Geo.3.c.so. vacancy in any of ^e said cJiurches or paiTshes be payable and be paid to the
trustees appointed by the Act of the nineteenth year of the reign of his pre-
sent Majesty, intituled " An Act for the better raising a.nd securing a fund for
" a provision for the widows and childi-en of the ministers of the church of
" Scotland, and of the heads, piincipals, and raastei-s ia the Univeiiiities of
" Saint Andrews, Gla^w, Edinburgh, and Aberdeen ; and for repealing two
" Acts made in the seventeeoth and twenty-second years of the reign of his
" late Majesty King George the Second, for those pui-poses," or t« thur
general collector, to bo applied by the said trustees in the way tlicy shaQ
judge most expedient and effectual for securing a permanent addition to the
annuities provided to the widows therein mentioned, in all time coming.
The barous XIX. And be it enacted, that when any such vacancy shall occur the «ui!
BhallUsue their barons of Exchequer shall, upon the application of the said trustees or their
precept for general collector, issue their precept or warrant to the said receiver general
trustcei of the and paymaster for payment to the said trustees or their genei-al collector at
swdfund, aforesaid of the whole amount of the sums directed to be appropriated imder
the authority of this Act in augmentation of the stipend of t^e said vacant
church or parish, at the same term or terms at which vacant stipends arc
at present by the law of Scotland payable to patrons and others having
interest Uierein.
who maj lend XX. And bo it further enacted, that it shall and may bo lawful to and for
oat the moDey *"
at iutereHt for the said general collector, under the authority and by the directions of the
its benefit. ^^jj trustees, and according to such regulations as they shall judge expedient,
to lend out at interest on sufficient security the several sums hereby appointed
to be paid to the said trustees or their general collector by the said receiver
general and paymaster as aforesaid, from time to time, for the purpose of pro-
viding a pei-manent fund, in addition to the annuities before mentioned ettta-
blished under the authority of the said recited Act of the nineteenth year of
the reign of his present Majesty.
b'''the ^^* XXI. And be it enacted, that all payments to be made by the said receiver
genETol to be general and paymaster of the several sums of money herein-before diii3cted to
be i»aid by him to the several pei-sons and for the several purposes heifin-
before mentioned, upon the receipts of those legally entitle3 or authoiised tn
receive the same, shall be allowed in his accounts.
Prepepts and XXII. AND be it enacted, that the several precepts or wan^ant^ to be
empted from issued in maonei' before mentioned, and the I'eceipts to be granted for the
stamp dotj. sums of money payable as herein-before directed, shall not be liable to any
stamp duty.
PuniBhinentof XXIII. And be it coacted, that if any person or persons shall forge or
precepts or counterfeit or cause or procui-e to be forged or counterfeited any such precept
receipts, &o. or wan'ant, or precepts or warrants as aforesaid, or any signature or signatures
thereto, or any written factory or mandate, for receiving any sum or sums of
money made payable under the authority of this Act, or any signature or
signatures thereto, or any receipt or receipts granted on payment of «ueb
sums of money as aforesaid, or signature or signatures thei'eto, and shall iasue
A-D. 1810. 50 George III. c. 84, 85. 603
the same with an intent to defraud the said receiver general and paymaster
or his successors in office, or any person or persons entitled to any sum or
sums of money payable under the authority of this Act, then every person so
offending and being thereof lawfully convicted shall be punished as persons
guilty of the crime of forgery are liable to be punished by the law of
Scotland.
XXV. And be it enacted, that the said lords of council and session as com- Comniissioners
mission ers aforesaid and the ^ said barons of Exchequer shall and may from ^aroMof Ex-
time to time give such directions for the regulation of their respective clerks chequer may
and officers employed or that may be employed to carry this Act into execu- for^the'regcda!,
tioD, where special directions are not hereby given relative to the same, as to tion of their
the said lords of council and session as commissioners aforesaid and to the
barons of Exchequer shall seem fit and expedient.
CHAPTER LXXXV.
An Act to regulate the taking of Securities in all Offices in respect of which -
Security ought to be given, and for avoiding the Grant of all such Offices
in the event of such Security not being given within a Time to be limited
after the Grant of such Office. [15th June 1810.]
V\l HEREAS it is highly expedient that provision should be made for pre-
^ ^ venting any negligence, omission, or irregularity in the giving of due
aecurities by all persons employed in situations of public trust, and concerned
in the receipt and distribution or expenditure of public money, who are re-
quired to give security to account for public monies coming to their hands,
and for ascertaining the death of any surety or sureties of any such person :
Be it therefore enacted by the King'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 every Persona ap-
person who shall after the passing of this Act be appointed to any office or Sffl«» of pub.
employment or commission, civil or military, or in any public department }^^ ^\\
belonging to that part of the United Kingdom called England, or to any such ^ securitj
office or employment of public trust under the crown, or wherein he shall be ^^^^^^f***^?
concerned in the collection, receipt, disbursement, or expenditure of aiiy public dae petfomi-
monies, and who by reason thereof shall be required to give security with «n««<>f**»«r
surety or sureties or otherwise, shall, within one month after notice of such
appointment, if he shall then be in England, or within two months if he shall
then be in Scotland or Ireland, or within six months if he shall then be in
any other part of Europe, or in America or the West Indies, or within nine
months if he shall then be in Africa, or within eighteen months if he shall
then be in the East Indies or in any other part of Asia, or within ten months
if he shall then be on the High Seas (unless he shall sooner arrive in England
or Wales or Scotland or Ireland, and then within two months after such
arrival), give, execute, and enter into a bond or bonds, or other security or
securities, in such sum and with such sufficient surety or sureties as shall be
I.
604
50 Qeoroe III. c. 85.
A.D. 1810.
approved of by the lords commissioners of the Treasury, or any three or more
of them, or by the principal officer or officers, or person or persons in the office
or department to which he shall be appointed, for the due performance of the
trust reposed in him, and for the duly accounting for all the pnbUc monies
intrusted to him or placed under his control.
Persons giving III. And be it further enacted, that every person who by reason of his appoiniment
security to to or holding of any office or employment or commission, civil or military, in any paUic
r^s in^iMiinCT department in England, or of public trust under the crown, or who, by reason of being
after men- concerned in the collection, receipt, disbursement, or expenditure of any public monieB,
tioned. shall before the passing of this Act have given or executed or entered into, or shall
hereafter give or execute or enter into, any bond or bonds, or other security or secu-
rities, for the due performance of the trust reposed in him, or for the duly accounting
for monies intrusted to him, shall cause a memorial of such bond or bonds, or security
or securities, to be registered with the register of the county of Middlesex in manner
herein-after mentioned ; and every such memorial shall as to all bonds and securities
entered into before the passing of this Act be registered, if the person on whose
behalf the same shall have been entered into shall reside or be in Great Britain, within
four mouths after the passing of this Act, and if in Ireland within three months, and
if in any other part of Europe or in the West Indies or America within twelve months,
and if in Africa within fifteen months, and if in the East Indies or in any other part
of Asia within eighteen months, and if on the High Seas within twelve months (unless
he shall sooner arrive in England or Wales, Scotland, or Ireland), and then withk
four months after such arrival respectively after the passing of this Act ; and as to
all such bonds and securities to be entered into after the passing of this Act^ such
memorials shall be registered within the like periods respectively after entering into
the Fame, according to the place or country in which the person appointed shall be at
the time of giving, executing, or entering into such bond or other security as aforesaid.
|Rep., Stat. Law Rev. Act, 1872 (No. 2).J
T^^^ "®?" I VII.»I Provided always, and be it further enacted, that if any person who
security and by reason of his appointment to or holding of any such office or employment
r^to j?rf^r ^^ commission, civil or military, in any public department or of public trust,
their offices. or who, by reason of being concerned in the collection, receipt, disbursement,
or expenditure of any public money, is required or bound to give any such
security or register any such -memorial as aforesaid, shall neglect to give such
security, and to cause such memorial thereof to be duly registered in maimer
aforesaid and within the period specified in this Act, he shall forfeit and be
deprived of the appointment, office, employment, or commission in respect
whereof such security ought to have been given and memorial registered as
aforesaid, and every such appointment, office, employment, or commission shall
from and after the period specified in this Act for registering such memorial
be wholly void and of none effect : Provided always, that such avoidance shall
not annul or make void any act or order, or other matter or thing, done
by such person duiing the time he actually held such appointment, office,
employment or commission : Provided always, that no such forfeiture shall take place
by reason of any such memorial not being registered under this Act, in which the
proper sureties shall have been given and memorial made out, and where the failure of
register shall have arisen from the loss of such memorial in the transmitting thereof
from beyond the seas ; provided that in every such case a new memorial specifying the
reason of such delay shall be made out and signed and registered within the like
Y Rep., so &r as relates to neglect to cause a memorial to be registered, Stat. Iaw
Eev. Act, 1872 (No. 2).I
A.D. 1810.
60 Qeorqe IIL c 85, 87.
605
period after the person giving such security shall have received notice of the loss, regard
being had to the place where he shall then be, as is required by this Act for the
registry thereof if such loss had not arisen : Provided also, that it shall be lawful for
his Majesty to remit any such forfeiture in any caae in which any £Eulure of registering
any such memorial shall ngt have arisen from any neglect or omission of the person
bound to register the same. {Rep.^ Stat. Law Rev. Act, 1872 (No. 2).}
VIII. And be it further enacted, that every such person as aforesaid who shall have
given any bond or bonds or other secm^ity or securities with surety or sureties, for
the due execution of the trust reposed in him, or for the duly accounting for public
monies coming to his hands, shall give notice in writing to one of the secretaries of
his Majesty's Treasury, or to the head of the office or department to which he shall
belong, of the death of any surety or sureties or person or persons bound for or with
him in any such security or securities, within one calendar month after the same shall
have come to his knowledge if he shall reside or be in Great Britain, or within four
months if in Ireland, or within six months if in any other part of Europe or in any
colony or plantation in the West Indies or America^ or within nine months if in
Afi*ica, or within twelve months if in India or in any other part of Asia, or within ten
months if he shall be on the high seas (unless he shidl sooner arrive in England, Wales,
Scotland, or Ireland, and then within two months after such arrival) ; and any person
who shall neglect to give such notice within such period as aforesaid shall forfeit one
fourth part of the sum for which the surety so dead shall have given security, to the
use of his Majesty, to be recovered in any of the courts at Westminster by action of
debt, bill, plaint, or information at the suit of his Majesty's attorney general; and
every such person who shall upon the death of any surety neglect to give the security
of another surety, to be approved in such manner as such surety dying was approved,
within sueh period from his having notice of such death, and to register a memorial of
the security of such new surety within such period from his having given the security
of such new surety, as are herein respectively limited for giving and registering the
original security, the same regard being had to the place in which such person may
then be, shall forfeit his appointment, office, employment, or commission in like manner
and under and subject to such provisions as aforesaid. {Rep., Stat. Law Rev. Act,
1872 (No. 2).I
Person giving
security shall
give notice of
the death of
any of his
sureties :
penalty for
neglect ;
and shall find
a new surety.
CHAPTER LXXXVII.
An Act to amend Two Acts relating to the raising Men for the Service of the
East India Company, and the Quartering and Billeting such Men, ^nd
to Trials by Regimental Courts Mai*tial. [15th June 1810.]
TXTHEREAS an Act passed in the thirty-ninth year of the reign of his
** present Majesty, intituled ''An Act for the better recruiting the forces 39 Geo. 3.
" of the East India Company *' : And whereas an Act passed in the twenty- ^' ^^^'.
seventh year of the reign of his late Majesty King Geoi^ge the Second, intituled
*' An Act for punishing mutiny and desertion of officers and soldiers in the ^7 Geo. 2. c. 9.
*' service of the United Company of Merchants of England trading to the
" East Indies, and for the punishment of offences committed in the East
'' Indies or at the Island of Saint Helena " : And whereas it would tend to
the more speedy recruiting of the forces of the East India Company if men
were permitted to enlist for a limited time in the service of the said company
without engaging to serve in his Majesty's forces ; and provision must in such
case be made for quartering and billeting the men so raised : And whereas it
is also expedient that the, provisions of the said recited Act of his ]ate
Hajesty King Qeorge the Second as to trials by regimental courts martials
should be amended in relation to the members and witnesses being sworn,
d06
50 George III. c. 87, 102.
A.D. 1810.
CoartB martial
for trial of
troopB of East
India Company
shall have
power to take
and administer
oaths, &c., and
to proceed as
directed by his
Majesty.
as now required on such trials in his Majesty's regular forces :
YII. And be it further enacted, that all regimental and garrison and other
courts martial which shall be held for the trial of any offences committed by
the troops in the service of the said United Company shall ^have full power
and are hereby authorized and required to take and administer such oaths, a&d
to proceed in such manner in the trial of offences as his Maje&ty shall from time
to time think fit to order and direct.
CHAPTER CII.
An Act for the more effectually preventing the administering and taking of
unlawful Oaths in Ireland ; and for the Protection of Magistrates and
Witnesses in Criminal Cases. [20th June 1810.]
TXTHEREAS divers wicked and evil-disposed persons have from time to
* ^ time attempted to seduce several of his Majesty's subjects in Ireland
from their duty and allegiance to his Majesty, and to associate them under
the pretended obligations of oaths unlawfully administered : Be it enacted
by the King's most excellent Majesty, by and with the advice and consent of
the lords spiritual and temporal, and commons, in this present Parliament
Penalty on per- assembled, and by the authority of the same, that any person or persons who
admin?stering* *^ ^^7 ^^^^ after the passing of this Act shall administer or cause to be
or taking oaths administered, tender or cause to be tendered, or be present aiding and
pwposes.^ assisting at the administering or tendering, or who shall by threats, promises,
persuasions, or other undue means cause, procure, or induce to be taken by
any person 'or persons in Ireland, upon a book or otherwise, any oath or
engagement importing to bind the person or persons taking the same to be
of any association, brotherhood, committee, society, or confederacy what-
soever, in reality formed or to be formed for seditious purposes, or to disturb
the public peace, or to injure the persons or property of any person or persons
whatsoever, or to compel any person or persons whatsoever to do or omit
or refuse to do any act or acts whatsoever, under whatever name, description,
or pretence such association, brotherhood, committee, society, or confederacy
shall assume or pretend to be formed or constituted, or any oath or engage-
ment importing to bind the person taking the same to obey the orders or
rules or commands of any committee or other body of men not lawfully
constituted, or of any captain, leader, or commander (not appointed by or
under the authority of his Majesty, his heirs and successors), or to assemble at
the desire and command of any such captain, leader, commander, or conmiittee,
or of any person or persons not having lawful authority, or not to inform or
give evidence against any brother, associate, confederate, or other person, or
not to reveal or discover his or her having taken any illegal oath, or not to
reveal or discover any illegal act done or to be done, or not to discover any
illegal oath or engagement which may be administered or tendered to him
or her, or the import thereof, whether such oath shall be afterwards so
administered or tendered or not, or whether he or she shall take such oath
A.D. 1810. 50 George III c. 102. . 607
or enter into such engagement or not, being by due course of law convicted
thereof, shall be adjudged guilty of felony and be transported for life ; and
every person who shall take in Ireland any such oath or engagement im-
porting so to bind him or her as aforesaid, and being by due course of law
thereof convicted, shall be adjudged guilty of felony and be transported for
seven years.
II. Provided always, that any person or persons who may have been com- Necessity shaU
pelled by inevitable necessity to commit any of the offenqes aforesaid, upon <i"^*^^^^i3^
proof of such inevitable necessity, shall be excused and justified : Provided they give in-
that no such inevitable necessity shall justify or excuse any such person or l^ce ^time
persons, unless he, she, or they shall within ten days, if not prevented by and manner
actual force or sickness, and then within seven days after such actual force tio^.™^*^'
or sickness shall cease to disable him, her, or them from giving information
of the same, disclose to one of his Majesty's justices of the peace in the county
in which he, she, or they shall then be, by information on oath, the whole of
what he, she, or they know touching the compelling him; her, or them to
commit any such offeree, and of the person or persons by whom he, she, or
they were compelled to commit such offence, and who were present at the
time such offence was committed, and of the place whore the same was
committed : Provided however, that no person shall be so excluded from the
defence of inevitable necessity who shall be tried for the said offence within
the said period of ten days from the commission of such offence, or of seven
days from the time when such force or sickness shall cease as aforesaid.
III. And be it further enacted, that all persons present aiding and assisting Aiders and
at the administering or tendering of any such oath or engagement, and all ^minhftering
persons causing any such oath or engagement to be administered or tendered, oaths deemed
though riot present, shall be deemed principal offenders, and, tried as such, P""^*P* "•
though the person or persons who actually administered or tendered such
oath or engagement shall not have been tried or convicted.
IV. And be it further enacted, that it shall not be necessary in any in- Purport of oath
dictment to be found against any peraon for administering, tendering, or taking indictment,
such oath or engagement to set out the words of such oath or engagement,
and that it shall be sufficient to set forth therein the purport or object of such
oath or engagement.
V. And whereas it has happened that persons who have given information
against persons accused of crimes in Ireland have been murdered before trial
of persons accused, in order to prevent their giving evidence, and to effect the
acquittal of the accused : Be it declared and enacted, that if any person who InformationR of
hath given or shall give information or examination upon oatii against any Splodge ^'
person or persons for any offence against the laws hath been or shall before examinationa,
the trial or trials of the person or persons respectively against whom such maidered or
information or examination hath been or shall be given be murdered or maimed, or
violently put to death, or so maimed or forcibly carried away and secreted as from trimis,
not to be able to give evidence on the trial of the person or persons against "^^ji?® ^'
whom such information or examination was given, the information or ex* evidence,
amuiation of such person so taken on oath shall be admitted in all courts of
justice in Ireland as evidence on the trial or trials of the person or persons
respectively against whom such information or examination was given i loformation
Provided always, that the information or examination of a witness secreted ^!!S^^«ii
608
50 George lit. c. 102.
A.D. 1810.
notbeadmitlad,
nnleA* be be
fotuid to have
been secreted
half of the
accuied.
Where a wit-
or exertion
used to bring
oS^ndera to
justice, grand
jury may
for such person,
or his repre-
shoU not be evidence, unlesa it shall be found on a collateral issue (to be put to
the jury trying the prisoner), that the person so secreted was secreted by the
person then on trial, or by some.person or persons acting for liim or her, or in
his or her favour.
VI. Airo be it further enacted, that if "it shfill appear that any perBwi
having given information or evidence against any person or persons charged
with any offence against the public pea(% shall have been murdered or maimed
previous to the trial of the person or persons accused by such information or
evidence or of any of them, or on account of any such evidence given, or that
any magistrate or other peace officer shall be murdered or maimed on account
of his exertions as such magistrate or peace officer to bring disturbers of the
public peace to justice, it shall and may be lawful to and for the grand jury of
the county, county of a town, or county of a city within which such murder
or maiming shall have been committed respectively to present such sum or
sums of money as they shall think just and reasonable to he paid to the per-
sonal representative of such witness, magistrate, or peace officer who shall be
murdered, or to such witne£.s, magistrate, or peace officer who shall be maimed,
having r^;ard to the rank, degree, situation, and circumstances of such wit-
ness, magistrate, or peace officer, to be raised on the county at large, barony,
half barony, or parish in which such murder or maiming shall respectively
have been perpetrated, at the discretion of such grand jury.
Magistrates VIII. AND be it further enacted, that it shall and may be lawful to and for
may not in ad- ^11 magistrates of the adjacent counties at large respectively to execute this
&c. ' Act within the several counties of cities or counties of towns in Ireland, except
the county of the city of Dublin ; and in like manner that the several mag^-
tiates of such counties of cities and counties of towns shall have like powers
to execute this Act in the adjacent counties at large.
Fowen of tbis IX. AiiD be it further enacted, that all the powers and authorities given to
to'sii"*"^ and all duties required from magistrates of counties at large under and by this
trates. Act, shall be and are hereby given to and required from all magistrates of
counties of'towns or counties of cities in Ireland.
Limitation of X. AND be it further enacted, that if any action, suit, plaint, or infortnation
actioD^. shall be commenced or prosecuted against any person or persons for what he
or they shall do in pursuance aud execution of this Act, the same shall be
commenced within six months after the offence committed, and shall be
brought or laid within the county where the act was committed ; ....
lieble coMs. ^jj^ jf [jjg plaintiff or pronecutor shall become nonsuit or forbear prowcn-
tion or su6er a. <liscontinuBnce, or if a verdict or Judgement on demurrer shall piis^
agtunet him, the defendant shall recover treble costs. EEtep., 5 &6 Vict. c. 97. ?, '2.]
A.D. 1810. 60 George III c. 105, 609
CHAPTER CV.
An Act to regulate the ManDcr of making Surcharges of the Duties of
Assessed Taxes, and of the Tax upon the Profits arising' from Property,
Professions, Trades, and OiBces, and for amending the Acts relating to
the said Duties respectively. , [20th June 1810.]
TTTTHEREAS it is expedient that certain of the powers and provisions con-
* ' tained in any Act or Acts relating to the duties of assessed taxes or to
the duties arising from the profits of property, professions, trades, and offices
should be amended in the particulars herein-after mentioned : May it therefore
please your Majesty that it may be enacted, and be it enacted by the King'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 from and after the passing of this Act After passing
the several surveyors and inspectors appointed or to be appointed by his veyoraa^in-
Majesty in pursuance of the said Acts to carry into execution the powers Rpectors under
therein given to them in that part of Great Britain called England shall, in to^Us^sed"^
making any increase of duty either on the returns of parties or the estimates taxes and in-
of assessors or the assessments made by commissioners under the said Acts, obBerve the
observe the following rules and directions for their government, and shall be foWowing rules
subject to the several provisions therein contained ; which rules and directions any additional
shall be of the like force and effect as if the same were herein inserted under a ^^^7-
special enactment.
Rules and Dibegtions for making objections and charges, and for limiting
the times of making the same in certain cases, in that part of Great
« Britain called England.
First. — Every surveyor and inspector appointed or to be appointed in Surveyors and
pursuance of the said Acts or any of them shall be and they are hereby e^^i^"e- *
empowered and strictly enjoined and required to inspect and examine all and turns and as-
every the returns of lists, statements, declarations, accounts, or estimates made ®^®^"'^*^ »
by any person or persons chargeable to the said duties or any of them, or by
any assessors of any of the said duties according to the directions of any Act
or Acts before mentioned, and also all and every the first assessments of the
said duties or any of them made for any parish, ward, or place for any year, as
well before as after the respective commissioners acting in the execution of
the said Acts respectively shall have signed and cdlowed the first assessments
made for such parish, ward, or place for that year ; and if he or they shall and where it
discover any error or wrong amount or computation of duty therein, or that ^^^» are not
any person who ought to be charged with the said duties or any of them shall c^^arg^, or are
have duly made a return as required by the said Acts respectively but shall charged, shall
have been omitted to be charged with the said duties or any of them, or amend ^^^^^^"^
shall be under-rated in the said first assessment, and that the said return doth and charge
contain matters sufficient whereby the said surveyor or inspector may rate ^^^ persons.
such person in the said first assessment to the full duties chargeable upon him
or her according to or by or from such return, it shall be lawfiil for the said
surveyor or inspector, and they respectively are hereby required, before such
aUo^w^ance to correct and amend such assessments, and to charge such person to
the full amount and at the full rate or duty at which he or she ought to be
charged according to his or her return so delivered.
VOL. IV. Q Q
CIO , 50 Geobqe III. c 105. A.T). 1810.
If, sfter first Second. — If any such surveyor or inspector shall, after any audi asseBsnieDt
allowed, the ^^ as6es3meiit« in respect of the duties of assessed taxes shall be signed uui
surveyor or in- allowed by the said eoraniiaaioners, or if any such surveyor or inspector slsll,
Scorer (bat Biber any sucli assessment or assessments in respect of the duties arising fimn
""y P*™"'*"" the profits of property, professions, trades, or offices shall be signed or allo\k-e<l
1 iuBuffi- ' by the commigsioners acting for the general purposes of the Acts relating to
T'^" ^^^ ^^'"^ duties, find or discover upon his sQrvey or examination or otbervjse
that any pei-soo liable to the said duties or any of them in respect of wkidi
such lists, statements, accounts, or estimates as aforesaid ought to have teen
delivered hath not mode any return as by the said Act or Acts is required, oi
' bath omitted any person or any property or profits, or the amount or value
thereof, or any article, matter, or thiug, or any description of the same which
ought to have been returned, or hath not returned the full amount or value a(
any property or profits as required by any of the said Acts, so that he or sbe
shall not on account of such default or omission have been charged to the
' amount which ought to be paid by him or her, or that any exemption, allow-
ance, or deduction which is not allowed by the respective Acts relating to the
said duties shall have been claimed in or by such return, then and in every &uch
case it shall be lawful for the said surveyor or inspector to certify the same
in writing, together with an account of every such default, omission, or cUini,
with the name or description of the person or thing not returned or omitt«d
to the best bf his knowledge and belief, and the full amount of the single duty
by which the assessment ought to be increased, explicitly stating the particu-
Upon deiiTery l&TS in respect of which such charge has been made, and to deliver the samu to
°^ ""'''liS*" "^y ^^° '^^ more of the said commissioners for putting in execution the eaiil
Mth'iKiDg Acts respectively, or to their clerk, in order to have such default, omission, or
niade that no- claim, and the under-rate occasioned thereby recUGed ; and such commissioners
to the party, are, Upon the delivery of any such certificate, and upon oath being first made
dmier'" htti *itl'^r by the inspector or surveyor or any other credible witness or witn^ses
allow the cer- who shall have served the same that a notice to the effect herein-after meo-
iiuke*a^riber t'oned waa duly served, required to sign and allow the said certificates, and to
asaessment, cause Supplementary assessments to be made according to such certificate.^
appe^! '" subject to appeal as herein-after is allowed. '
For these pur- Third. — Every person in whose custody any such lists, statements, account,
^Btimate^^haU "'' estimates shall be shall and is hereby required _upon the request of any
be delivered such surveyor or inspector as aforesaid to deUver the same into his custody
mea^^widced '"'" *^® purposes aforesaid, taking his receipt for the same ; and every perwn
to the BUT- in whose custody any such assessment shall be shall and Is hereby required
' "■ upon the request of such surveyor or inspector as aforesaid to produce tli^
same ; and such surveyor or inspector is hereby authorized to take charge of
the same until he shall have taken such copies of or extracts from the same is
may be necessary for his and their better information.
Notice of Fourth. — The said inspectors and surveyors shall give or cause to be pTea
further chu-^ to every pei-son so charged, or leave or cause to be left at his cw her Ust or
to be ffiven to ' * °
perton charged, usual place of abode in the district where such charge was made, or on the
premises charged with Mie assessment^ as the case shall require, and as sball
have been directed by the several AcU relating to the said duties respectivei)',
notice in writing of such chaise, and of the amount of duty to be included in the
certificate of such chaise, and the particulars thereof; which charges the said
Okargetc
JLD. 1J810.
50 Geobge III. c. 103.
611
inspectors and surveyors are hereby empowered to make at or before such
times as are directed by the said Acts or this Act for the delivery of the certi-
ficates of such charges to the said respective commissioners.
Fifth. — ^In default of a meeting of the said respective commissioners before
the time limited by the said Acts or this Act for the hearing of any appeals
from the charges of the said surveyor or inspector, or if the said surveyor or
inspector shall not have had notice of a meeting of the said respective commis-
sioners, it shall be lawful for the said commissioners, and they are hereby
required, at their first meeting to be held thereafter to sign and allow the said
certificates, and afterwards to hear and determine all appeals therefrom.
Sixth. — ^The certificate delivered to the commissioners containing the day
or days of service of the notice delivered to the party charged shall be deemed
sufficient proof of the contents thereof, unless the contrary be shown on the
production of such notice to the said respective commissioners by the party
charged ; and no proof of the contents of any such notice shall be required by
the said commissioners to be given to them, either by a copy thereof or other-
wise, previous to their signing or allowing the said certificates^ nor upon appeal
therefrom, nor other proof in any matter relating to the same, except as afore-
said, and except the oath of the person or persons who shall have served such
notices as herein-before directed, and which shaU be in the form and to the
effect following ; that is to say,
' T A.B. do swear, that a notice in writing was duly served upon each person
' -^ mentioned in the above certificate, containing the paiticulars as set
' forth therein respectively, on the day or days mentioned in the said cer-
• tificate/
Seventh. — No assessment made or to be made by any assessor or assessors
of the said duties respectively, nor any charge made or to be made by any
surveyor or inspector upon such assessment, shall be impeached or affected by
reason of any mistake in the christian or surname or either of them of any
person liable to any of the said duties, nor by reason of any mistake in the
description of any property or profits, or of any servant or person, or of any
article, matter, or thing for which the person so charged shall be liable to any
of the said duties, nor by reason of any mistake in the amount of the duty
charged, nor by any variance between the notice and the certificate of charge,
whether such mistake shall appear in or such variance shall arise from the
notice and certificate to be delivered or made in such case or in either of them,
but that all such assessments and charges shall be valid and efiectual to all
intents and purposes, notwithstanding any such mistake or variance ; provided
that in cases of charge the notice thereof be duly served on the person intended
to he so charged, and such notice and certificate do severally contain in
substance and eflfect the several particulars on which such charge shall have
been made ; and every such charge shall be heard and determined on the
merits in such manner as in the said Acts or in this Act is directed.
Eighth. — It shall be lawful for any person to whom such notice of charge
shall be given as aforesaid, on occasion of his or her having neglected to make
Wy return as required by the said Act or Acts, at any time previous to the
ume appointed for hearing appeals next after the delivery of such notice, to
make out and deliver to the surveyor or inspector who shall have delivered
the notice of charge a true, perfect, and complete list, statement, account, or
QQ 2
before deliTerj
of certificate to
commissioQers.
If commis-
siooers do Dot
meet before tbe
time for bear-
ing appeals,
tbey shall at
their then next
meeting allov
the surveyor's
certificate, and
hear any appeal
against it.
Certificate con-
taining day of
seryice of
notice on party
charged shall
be deemed
sufficient proof
of contents of
notice, unless
the contrary be
proved.
Proof of service
of notice.
Aflsessments or
charges not to
be impeached
on account of
mistakes in
the names or
descriptions ;
but to be de-
termined on
their merits.
Person charged
for neglect to
make return
may avoid
double duty by
making, b^re
day for hearing
appeals, a re-
turn and decla-
ration as herein
directed.
i
618
50 George III. c. 105.
A.D. 181U.
Batitilied Ibere-
with, may eer-
tify (he name,
aud the party
iihall be
chafffcd nl
sioglti dutj' ;
but, if dif^n^s-
fied, t^hull Stat
his objection ti
who »hi»U iherc-
upon asuess the
double duty ;
notice of ob-
jection to be
given to party
charged.
(kctory excuj
for iteglect ta
estimate of all matters and things required by the said Act or Aete to be
returned, so that he or she may from such last-mentioned list, etatement,
account, or estimate so to be delivered be charged to the said duties respectively
the full sum at which he or she ought to be charged by virtue of the said Aa
or Acts ; provided that to every such list, statement, account, or eatitnaU; there
shall be annexed a declaration in writing in the form and to the effect hereia-
after mentioned ; and if the said surveyor or inspector shall be satisfied with sudi
list, statement, account, or estimate, and the declaration annexed thei-eto, then
he shaJl certify such return and declaration annexed thereto to two or more «f
the said commissioners, with the amount of the duty to be charged, who sliull
thereupon cause the assessment to be made according to such certiiicat«, an<l
the same rate of single duty as set forth in tfae said several Acta respectively
to be charged on the person making such return, without farther trouble or
delay ; but if upon examination of such list or return and declaralioh annexed
thereto the said surveyor or inspector shall see just cause to object thfreto, iie
shall thereupon certify such return and declaration annexed thereto, together
with the cause of his objection, to two or more of the said commissioner,
who shall thereupon cause the assessment to be made according to such lasir
mentioned certificate in double the amount of the duty at which he or she
shall be charged, and from which charge no abatement shall be made on any
pretence, unless on appeal as herein-after is directed ; of which objectitm
notice shall be given by the surveyor or inspector to the person to be charged
thereby, together with the cause of his objection to the said return and declara-
tion to be annexed thereto, and the said commissioners shall determine the
said objections on the merits without further notice of appeal from the party
80 charged.
Ninth, — Eveiy such declaration in cases where no return hath been pre-
viously made by the person so chai^d for the same year shall allege and
declare in substance or to the effect aa follows ; (that is to say) — That be or
she the said exhibitant was not at his or !ier dwelling-house or othtr place uf
abode at the time appointed for the fixing or delivery of general or other
notices for making a return as required by the said Act or Acts, nor between
that day and the time limited for making such return to the assessor ; and
that he or she hath not received or had any knowledge of any such notice ; or
that he or she was disabled by sickness from making such return ; or that the
non-delivery of such return was occasioned by the following mistake or
accident, without any intention to defi^ud the revenue ; videlicet [here set i
forth the cause of such default]; and that the return to which the deciaratiffi
of tlie said exhibitant is annexed is a full, perfect, and complete return of all
matters and things required of the said exhibitant by the said Act or Acts ui
by this Act to the best of his or her judgment and belief; — which declaration
and return shall severally and respectively be signed by the party making tht
same in the proper naaue and handwriting or sign of the said party, and
attested by any one or more credible witness or witoesaes who shall have seen
the said party subscribe or sign the same, and shall attest the signature thereof
in the proper names and handwriting of the said witness or witnesses respec-
tively ; provided every such witness shall be an inhabitant of the same ward,
parish, or place where the said party shall reside, and who shall be rated in
the assessment of the same duties for the same ward, parish, or place afoiwaid,
r
AJ). 1810. 50 George III. c. 105. 613
or if in any place there shall be no inhabitant competent to be such witness,
then the said declaration shall be attested by some credible witness rated as
aforesaid; and residing in the next adjoining parish where the said party shall
reside.
TcDtk — It shall be lawful for any person to whom such notice of charge Person charged
shall be served on occasion of his or her having omitted in the return before &c.*S'a retoi
made for the same year any person^ property, profits, description, statement, °^y agf^« *o
account, or estimate, or any article, matter, or thing which ought to have been charge, and be
contained in such former return, or which shall be mentioned in such notice cjwged with
of charge not to be contained in such former return, or of having claimed any only;
exemption, allowance, or deduction not allowed by the said Act or Acts
respectively, or of having returned the amount or value of any property or
profits at less than the sum which ought to be returned according to the said
Acts respectively, if he or she shall consent or agree to such charge, to give
notice in writing of his or her consent accordingly to the said surveyor or
inspector ; and the said surveyor or inspector shall certify such consent and
the amount of the single duty which ought to be charged to the said commis-
sioners, according to which certificate the party charged and consenting there-
imto shall be assessed in the single duty, and such consent shall be deemed
equivalent to an amended return and declaration as required by this Act ; or or may object
such person so charged, if he or she shall not so consent or agree in manner ^dm^e^a^
aforesaid, may amend such former return by delivering to the surveyor or further return
inspector as aforesaid a supplementary list, statement, account, or estimate ^,yh1ch case^'
according to the directions of the said Acts respectively, and, as the case may ^^ »^aii ^e
lequire, to which a declaration in writing shall be annexed to the effect herein- sin^e or double
ifler mentioned : and the said surveyor or inspector shall be at liberty to ^^^ according
as the survevor
certify his satis&ction therewith or his objection thereto to the said respective ehaU or shall
commissioners according to which certificate the party charged shall be assessed »<?* ^« satisfied
in the single duty, if such surveyor or inspector shall be satisfied therewith, or farther return,
in the double duty in the manner herein-before directed in cases where no
previous return shall have been made, and, as the case may require, subject to
the like power of appeal from such objection and to the like proceedings in all
other respects as are before given.
Eleventh. — Every such last-mentioned declaration shall allege and declare Formofdecia-
the grounds and cause of each omission made or mentioned in such notice of last-mentioncd
diarge to have been made in such former return, and also the grounds and ®**^»
cause of each claim of exemption, allowance, or deduction, and also that the
i^tum to which the said declaration is annexed is a full, perfect, and complete
return of all matters and things required of him or her by the said Act or Acts
or by this Act to which the said charge shall relate to the best of his or her
judgment and belief, and that such omission or claim was not made with
intention to defraud the revenue ; which said last-mentioned declaration and
Murh shall severally and respectively be signed and attested in the manner
before directed in cases of other declarations and returns before mentioned.
Twelfth. — No return or declaration shall be required of any property, profits, No fetUm of
Mticle, matter, or thing of which the party charged shall have made a due , JJJ^**^
return for the same year, but the said party shall be at liberty to give notice tuned: the
ia writing to the said surveyor or inspector that he or she doth abide by such Sw^g?^*^
former return, or may make out and deliver a supplementary return and notice that he
614
30 Qeorqg Til. c. 105.
A.D. 1810.
abides by his
original return,
or may make a
supplementary
return and
declaration ;
no person shall
be liable to
penalties in
respect of par-
ticulars pro-
perly returned.
Surveyor or in-
spector making
vexatious
charge, &c.
/
Persons ap-
pealing to the
commissioners
shall upon
hearing of
appeals pro-
duce lists, itc.
of all matters
required to be
declaration in the manner before directed ; which return and declaration,
together with the return before made, subject nevertheless to the objection of
the said surveyor or inspector in manner aforesaid, shall be deemed fuD,
perfect, and complete returns, if the same shall together include all articles,
matters, and things for which the party so charged shall be chargeable ; and
no person shall be liable to the penalties contained in this Act for any article,
matter, or thing which shall have been returned by him or her in manner
aforesaid so that he or she might have been fully charged to the said respective
duties chargeable thereon, but only for such articles, matters, or things which
shall not have been returned by him or her in manner aforesaid.
Thirteenth. — If any surveyor or inspector shall wilfiilly make any false and
vexatious charge of any of the said duties, or shall wilfully deliver or cause to
be delivered to the respective commissionei's for executing the said Acts pr any
of them any false and vexatious certificate of charge of any of the said duties,
or any false and vexatious certificate of objection to any supplementary return,
or shall be guilty of any fraudulent, illegal^ or unjust conduct in the prosecution
of any charge of any of the said duties, or shall wilfully neglect the duty of
his office, or in any manner offend against the laws for regulating the duty of
his said office, and the same shall be proved on the certificate of the said
respective commissioners of the division where such offence shall be committed,
or any two or more of them, or on the affidavit on oath or solemn affirmation,
to be taken before any one of the said respective commissioners, of any credible
person or persons, to the satisfaction of the commissioners for the affairs of
taxes, or any two or more of them, or by the confession of the said surveyor
or inspector, it shall be lawful for the said commissioners for the affairs of
taxes for any such offence to suspend the payment to the said surveyor or
inspector of all or any reward, emolument, or advantage which the said sur-
veyor or inspector would be entitled to under the said Acts or any of them for
any increase of duty or overplus above the rate of duty occasioned by the
information or charge of the said surveyor or inspector, or such part thereof as
the said commissioners for the affaii-s of taxes shall deem just and necessary,
and finally to withhold the same and direct the same to be paid by the
receiver-general into his Majesty's receipt of Exchequer, unless the lords com-
missioners of his Majesty's Treasury shall think fit to restore the same to the
said surveyor or inspector, or to mitigate and lessen the sum so to be withheld
and paid over into his Majesty's Exchequer : Provided always, that nothing
herein-before contained shall be construed to impeach or affect any action or
suit for the recovery of any penalty or penalties imposed by any former Act
or Acts against such surveyor or inspector for any such offence or offences as
aforesaid, or for any false and vexatious charge of any of the said duties ; but
all such penalties and the powera for recovery thereof shall be and remain in
force notwithstanding the powers of this Act or any act or thing done in
pursuance thereof.
Fourteenth. — Where any person or persons thinking himself, herself, or them-
selves ^spectively overcharged or overrated by any charge or certificate of
objection by any sui-veyor or inspector as aforesaid, or by any assessment to be
made by virtue or in pursuance of such charge or certificate, shall have appealed
therefrom to the said commissioners according to the directions of the said Acts
respectively, the appellant shall, upon the hearing such appeal, in all cases
■
\
A.D. 1810. 50 George III. a 105. 615
where a list, statement, account, or estimate in writing shall or ought to Jiave retumed for
1 ^1. -11. 1.1 iii.il 1 JJ.-L which they are
been dehvered by the said appellant to the assessor, produce or caused to be chargeable,
produced before the said commissioners a true, perfect, and complete list, state-
ment, account, or estimate, as the case may require, to the best of the judgment
and belief of the said appellant, with a declaration in writing thereunto annexed,
to the effect herein-after mentioned ; (that is to say,) the said appellant shall
declare that the list, statement, account, or estimate to which the said declara-
tion is annexed doth contain all matters and things required of the said appel-
lant to be returned by him or her for which he or she is chargeable by virtue
of any Act or Acts to the best of his or her judgment and belief; which return
and declaration shall severally and respectively be signed by the said appellant
in the proper name and handwriting of the safd appellant ; and in default of Charges ajj-
the production of such list, statement, account, or estimate by or on the behalf t!J\econfiraicd
of the said appellant, with such declaration annexed, the said commissioners in default of
shall confirm the charge or objection against which such appeal was made. ^Qch vJ^^&c.
Fifteenth. — Upon every charge allowed or confirmed by the respective com- AsseRsmento to
be iDade iQ
missioners, in tlie whole or in part, upon which any inci-ease of duty shall be doable duty
made, the assessments thereupon shall be made in double the amount of duty ^^*^®'® ^!^
, , / - - ' , , charge is
which shall have been charged in the supplementary assessments on occasion allowed or
of such charge, unless Where the same is otherwise provided for by this Act. confirmed.
Sixteenth. — Where an aitiended return with a declaration annexed thereto Double duty
shall not be delivered to the surveyor or inspector, and where no list, statement, ^^^d where
account, or estimate with such declaration annexed as aforesaid shall be pro- the party sub-
duced to the said commissioners on the hearing of such appeal, it shall not further charge,
be lawful for the said respective commissioners to make any abatement, defal- <"" where the
cation, ot remission of the said double duty or any part thereof, but the same haveamendli
shall stand good and remain part of the annual assessment, unless the party ^^ fi™* awess-
charged shall have given notice of his or her consent to the charge of the said original return,
surveyor or inspector, or unless the said respective commissioners shall be of
opinion "that the said surveyor or inspector was or were enabled to correct or
amend tlie first assessments of the said duties for that year according to the
directions of this Act by means of or by refei-ence to the original return of the
party so charged ; in which cases it shall be lawful for the said commissioners
who sbaJl have confirmed such charge at the same time to remit and strike off
the whole of the said double duty.
Seventeenth. — Upon every charge confirmed upon appeal, if the said commis- Double duty
sioners shall, after examination of the appellant, or by other lawful evidence ^^£ amended
produced on his or her behalf, as directed by the said Acts respectively, be of retu"* «
opinion that the alleged default^ neglect, omission, or claim of exemption, commiMionen
allowanoe, or deduction hath been duly accounted for, and that the cause or •" wtUfied
causes have been truly stated in any amended return and annexed declaration, „o intention
and that the appellant had a just or reasonable cause of controverting the said ^ defraud,
charge, and that the said default, neglect, omission, or claim of exemption,
allowance, or deduction was^not wilfully made, and with intention to defraud
the revenue, it shall be lawful for the said commissioners who shall have
determined the said appeal, although they shall have confirmed the charge in
part or in the whole, at the same time to remit and strike off the whole of the
double duty.
616 50 aEOBOE III. c. 105. A.D. 181U.
If no amendcid Eighteenth, — Upon every chaise confirmed upon appeaJ , although no amended
n moiety of ' return shall have been delivered to the surveyor or inspector as allowed by
double duty this Act, it' the said commissioners shall, after examination of the appellant,
mftted where Or by other lawful evidence produced on his or her behalf, as directed by the
the detault gajd ^gts respectively, be of opinion that the alleged default, neglect, omission,
fraudulent ; or claim of exemption, allowance, or deduction was not wilfully made, and witli
intention to defraud the revenue, it shall be lawful for the said commissioneis
who shall have determined the eaid f^peal at the same time to remit and sbikfl
or the whole, off any part of the said double duty, not exceeding one moiety thereof i Pro-
preveni^'^ ** vided that in every such case, if the appellant shall prove to the satisfaction of
from makiog the said commissioners that he or she hath been prevented from making such
turn by sick- amended return within the time herein limited by absence or sickness Or othei
nes», &c. sufficient cause, and that such default, neglect, omission, or claim as aforesaid
was not wilfiilly made, and with intention to de&aud the revenue, it shall be
lawful for the said commissioners to remit and strike off the whole of the said
double duty.
No double Nineteenth. — Nothing herein contained shall be construed to grant the
partyTs ^t T^ double duty, or any part thereof, or any of the said duties, if the party
quired to make charged shall not by the laws in force at and immediately before the passing
of this Act be. directed to return the article, matter, or thing on wliich the
said duties shall be chargeable, and for which the said party was so charged.
Increase of Twentieth. — Every increase of duty made by occasion of such charges,
^1^^ w whether the whole of the double duty shall be remitted or not, and also the
double duty, or such part thereof which shaJl not be remitted, shall be certified
on the supplementary assessments to be made for each year under the handit
of the said I'espective commissioners or any two of them to the commiseionera
f wbo maj' direct for the affairs of taxes ; and the said commissioners for the affairs of taxes
t * mM to Biuv* shaH have authority to direct the receiver general who shall have received the
■ veyor or in- said increase and double duty to pay to the said surveyor and inspector out
^ DBpec r. p^ ^g same, in such proportions as they shall think proper, or to either of
them, as they see fit, any sum of money not exceeding the rate which shall
have been settled by the lords commissioners of the Treasury oV the high
treasurer for the time being as a reward for their labour and diligence in
making sUch increase of duty ; and the certificate of the said commissioners
• for the affairs of taxes or any three or more of them shall be a warrant to
the said receiver general to pay the same.
SoTctiArges not Twenty-first. — The determination of the commissioners acting for the
respect of pro- general purposes of the Acts relating to the duties arising from tlie profits of
P"^''-^*^" property, professions, trades, or offices upon any objection made by the snr-
the ettimaicn veyor or inspector of the said duties to the estimate or value of any property,
'^resdv t«e* or to the estimate of the profits of any profession, trade, or office on which any
determined. assessment after appeal shall be made, shall be construed to preclude any snr-
veyor or inspector from afterwards making a further charge on th e same pereon
or persons for the same property or profits for the same year of asscasment ;
and in like manner the determination of the said commissioners upon every
such objection to the estimates or value delivered by the assessois of the pro-
perty in any parish, ward, or place in which assessments afber appeal shall be
made shall preclude the suiveyor or inspector from afterwards making a furthet
chiirge on the same pi-operty in the same paiiab, ward, or place in that year.
A.D. 1810.
50 George IIL a 105.
617
Twenty-second. — The objection of any surveyor or inspector to the estimate
or estimates of any person or persons, or of the assessor or assessors of any
parish, ward, or place, or to any assessment or assessments of additional com-
missioners in pnrsnance of the said last-mentioned Acts, in relation to the
duties arising from the profits of property, professions, trades, and offices,
shall not be construed to preclude any surveyor or inspector from afterwards
charging the same person or persons for any other property, or the profits of
any other profession, trade, or office not included in the estimate or estimates,
assessment or assessments before objected to and determined as aforesaid ; nor
to preclude any surveyor or inspector fi*om afterwards objecting to any oth^
estimate or estimates, or assessment or assessments, or from afterwards charging
any other person or persons in the same parish, ward/ or place, or in any other
parish, ward, or plaoe in the same or any other division, in respect of any
property or the profits of any profession, trade, or office not before objected to
and determined as aforesaid ; and the respective commissioners acting for the
general purposes of the said last-mentioned Acts are hereby strictly enjoined
and I'equired to sign and allow such last-mentioned objections and charges
according to the directions of the said Acts, in respect of the powers therein
given to such surveyor and inspector : Provided that all such objections and
charges be made within the times herein respectively limited.
Twenty-third. — From and after the passing of this Act every objection to
the estimates directed to be inade by the said last>mentioned Acts in relation
to the duties arising from the profits of property, professions, trades, or offices
shall be made before the first assessments on such estimates shall have been
signed and allowed by the commissioners for the general purposes of the said
Acts, and not afterwards.
Twenty-fourth. — No charge upon any assessment under the said last^men-
tioned Acts in relation to the duties arising from the profits of property,
professions, trades, or offices shall be allowed or signed unless the certificate
thereof shall be delivered to the respective commissioners before the expiration
of three calendar months after the fifth day of January in the year of such
assessment, in case such assessment shall have been made on or before the said
fifth day of January, or if such assessment shall not then have been made,
unless the certificate of charge thereon shall be delivered to the said commis*
sioners within three calendar months after such assessment shall have been
made, except in the cas^ herein*after mentioned.
Twenty-fifth. — If any person or persons shall have neglected to make a
return of property or profits as required by the said last-mentioned Acts, and
no estimate of the said property or profits nor any assessment shall be made
thereupon for any year, it shall be lawful for the surveyor or inspector, on dis-
covery thereof at any time within twelve calendar months after the expiration
of the year when such return ought to have been made, to charge such person
or persons to the amount which ought to have been returnod, in like manner
as such persons might have been charged within the year of asHCSHmcrtt ; and
the like proceedings shall be thereupon had as if such discovery and charge
had been made within the year of asHCSHnient ; and every asseHHrnent there*
upon made shall be added to the current assessments of the parish, wlux]^ or
place in the manner herein directed.
of objeetioiis to
i'suiiuitm not
to precfaide
snrefaarges in
respect of pro~
pert J not in-
cluded in such
estimates.
Objections to
estimates to be
made before
first assefis-
mcnts oD such
estimates.
Chat^ges tob0
made in a
limited time.
Charges in
respect of pro-
perty of wnioh
no estimate
shall be made
in any year
may be made
within 12
months after
expiration of
that year.
618
50 Geobqe III. c. 105.
A.D. 1810.
Dooble duty
nuf wilbin the
Ukepertodbe
charged on any
person eecqiiug
taxation by
ProviBions
' before men-
tioned relating
to charge* in
Bingle duty
ahuU be con-
Htmed as appli-
cable to the
proviaioDS of
48 Geo. 3.
c. ISI. and
46Geo.3.c.65.
&c., relatins to
mrcbar^ in
the dooble dntf.
hereto, except
vach M relate
to Karcharftca
in the double
duty, Mpcaled.
Twenty-sixth. — If any person or persons shall by any falsehood, wilful
neglect, iraud. covin, or contrivance whatever escape from taxation for tlie
profits of any distinct property, profession, trade, or office for any year, it
shall be lawful for the sui-veyor or inspector within, the like petdod of twelve
calendar months as aforesaid to charge such person or persons to double the
amount of duty which ought to have been charged in tJie year of assessment
upon such distinct property, profession, trade, or office; and upon proof of
such falsehood, wilful neglect, fraud, covin, or contrivance to the satisfaction
of the commissioners to whom such charge shall be certified, the aseessment
on the said double duty shall stand good, and be added to the supplenieataij
assessment of the current year of the parish, ward, or place ; and no put
thereof shall be remitted on any pretence whatever.
II. And be it further enacted, that the several provisions in the preceding
clause of this Act relating to charges in the single duty as aforesaid shall be
construed, so far as the same respect the duties of assessed taxes in that part
of Great Britain as aforesaid, as applicable to the provisions of an Act ]>a3sed
in the forty-third year of the reign of Lis present Majesty, intituled " An Act
" for repealing the several duties under the management of the commissioners
" for the affitirs of taxes,and granting new dutiesin lieu thereof ; for granting
" new duties in certain cases therein mentioned ; for repealing the duties of
" excise on licences, and on carriages constructed by coachmakers, and granting
" new duties thereon, under the management of the said commissioners for
" the aSaii's of taxes, and also new duties on persons selling carria'res by
" auction or commission," and any other Act- or Acts for regulating tjie said
duties respectively, and relating to surcharges in the double duty ; and a^ far
as the said provisions respect the duties arising from the profits of property,
professions, trades, and offices in that part of Great Britain as aforesaid, the
same shall be construed as applicable to the provisions of an Act passed in
the forty-sixth year of the reign of his present Uajesty, intituled " An Act
" for granting to his Majesty during the present war, and until the sixth day
" of April next after the ratification of a definitive treaty of peace, further addi-
" tional rates and duties in Great Britain on the rates and duties on profits
" arising from property, professions, trades, and offices ; and for repealing an
" Act passed in the forty-fifth year of bia present Majesty, for repealing cer-
" tain parts of an Act made in the forty-third year of his pi-esent Majesty,
" for granting a contribution on the profits arising from property, professions,
" trades, and offices ; and to consolidate and render more effectual the pro-
" visions for collecting the said duties," and any other Act or Acts for regu-
lating the said duties respectively, and relating to surcharges in the double
duty, and as if the said provisions in the said clause of this Act relating t«
chaises in the single duty had been expressly opplied to the provisions of the
said Acts respectively relating to surchargefl in the double duty, and had been
respectively enacted therein ; and all provisions, clauses, matters, and things
in the said several Act^ respectively which are repugnant to the provisions in
the said clause of this Act, and for which other provisions are made in thb
Act, except such provisions, clauses, mattei-s, and things therein an relate lo
surchai-ges in the double duty, which are herein dedai'ed to be applicable to
the provisions of this Act, shall severally cease and detemmie.
A.D. 1810.
50 George III. c. 105.
619
III. And be it further enacted, that in case any commissioner or commis-
sioners acting in the execution of any such Act or Acts herein m^ntioned^ or
of this Act, shall by information or other process or proceedings whatsoever
at the suit or on the behalf of his Majesty, his heirs or successors, be proceeded
against or impleaded for or by reason of any matter or thing he or they
may do or determine or may refuse or omit to do in or about the execution
of any such Act or Acts, And upon the trial of such information or other
process a verdict shall be given or any order or rule of court shall be
made for such commissioner or commissioners, or such information or other
process or proceeding shall be discontinued or withdrawn, or dismissed the
conrt in which they shall have been prosecuted, then and in either of the said
cases such, commissioner or commissioners shall be entitled to his or their full
costs of suit, to be taxed by the proper officer of such court as between
attorney and client; and it shall be lawful for the commissioners for the
affairs of taxes to direct the receiver general of the county within which any
sach commissioner or commissioners shall act, and the said receiver general is
hereby reqidred, to pay such taxed costs out of any money in his hands arising
from the duties of assessed taxes, and which shall be allowed in the accounts
of the said receiver general
• ••••••••
V. And whereas by the said last-mentioned Act of the forty-third year of
his present Majesty's reign it is enacted, that the respective commissioners
should cause two duplicates of every assessment to be made out on parchment
hy their clerk within one month at fisirthest after the tenth day of Februaiy
after the making the said assessment yearly, to be delivered as therein is men-
tioned, under a penalty on the clerk to the said commissioners who shall
neglect or refuse to make out and deliver such duplicates within the time
before directed : And whereas it is necessary to give further time for making
out and delivering such duplicates : Be it further enacted, that in respect of
the duties of assessed taxes the said respective commissioners shall cause the
duplicates required by the said Act to be made out after the time appointed
by the said Act for making the supplementary assessments of the said duties
yearly, and within one month at farthest after all appeals from the said sup*
plementary assessments shall have been heard and determined, and so that
the same may be delivered to the receiver general and to the commissioners
for the affairs of taxes respectively on or before the day to be appointed for
the receipt of the last instalment of the said duties next after the fifth day of
April yearly ; and in respect of the duties arising from the profits of property,
professions, trades, and offices the said I'espective commissioners shall cause
the duplicates required by the said Act to be made out after the time ap-
pointed by this Act for making the supplementary assessments of the said
last-mentioned duties yearly, and within one month at farthest after all
appeals from the said supplementary assessments shall have been heard and
determined, and so that the same may be delivered to the receiver general
and to the commissioners for the affairs of taxes respectively on or before
the day to be appointed for the receipt of the last instalment of the said last-
mentioned duties next after the fifth day of July yearly ; and no clerk to the
said respective Commissionera who shall make out and deliver the respective
duplicates required by the said Act within the time afoi-esaid shall be sued or
CommiBsioiien
proceeded
agatDiit for acts
done in the
execution of
this or any Act,
and obtaining
a yerdict, iihaU
be entitled to
costs, to be paid
by receiver-
general out of
monies in hb
hiands arising
from duties.
43 Geo. 3.
c 161.
Time for
making out
and delivering
duplicates of
assessments in
respect of
assessed taxes
and income tax
respectiTcly
enlarged.
:'i
1
.i
j
.i
618
50 George III. c. 105.
A.D. 1810.
Doable daty
may within the
like period be
charged on any
person escaping
taxation by
fraud.
Provisions
before men-
tioned relating
to charges in
single duty
shfdl be con-
strued as appli-
cable to the
provisions of
43 Geo. 3.
c. 161. and
46 Geo. 3. c. 65.
&c., relating to
surcharges m
the double duty.
Provisions in
recited Acts
repugnant
hereto, except
such as relate
to surcharges
in the double
duty, repealed.
<€
U
tt
C(
«
Twenty-sixth. — If any person or persons shall by any falsehood, wilfhl
neglect, fraud, covin, or contrivance whatever escape from taxation for the
profits of any distinct property, profession, trade, or office for any year, it
shall be lawful for the surveyor or inspector within, the like period of twelve
calendar months as aforesaid to charge such person or persons to double tk
amount of duty which ought to have been charged in the year of assessmcDt
upon such distinct property, profession, trade, or office ; and upon proof rf
such falsehood, wilful neglect, fraud, covin, or contrivance to the satisfiiciion
of the commissioners to whom such charge shall be certified, the assessment
on the said double duty shall stand good, and be added to the supplementary
assessment of the current year of the parish, ward, or place ; and no part
thereof shall be remitted on any pretence whatever.
II. And be it fiirther enacted, that the several provisions in the preceding
clause of this Act relating to charges in the single duty as aforesaid shall be
construed, so far as the same respect the duties of assessed taxes in that part
of Great Britain as aforesaid, as applicable to the provisions of an Act passed
in the forty-third year of the reign of his present Majesty, intituled " An Act
" for repealing the several duties under the management of the commissioners
'' for the affairs of taxes, and granting new duties in lieu thereof; for granting
new duties in certain cases therein mentioned ; for repealing the duties of
excise on licences, and on carriages constructed by coachmakers, and granting
new duties thereon, under the management of the said commissioners for
the affairs of taxes, and also new duties on persons selling carriages by
auction or commission," and any other Act^ or Acts for regulating the said
duties respectively, and relating to surcharges in the double duty ; and as he
as the said provisions respect the duties arising from the profits of property,
professions, trades, and offices in that part of Great Britain as aforesaid, the
same shall be construed as applicable to the provisions of an Act passed in
the forty-sixth year of the reign of his present Majesty, intituled " An Act
for granting to his Majesty during the present war, and until the sixth day
of April next after the ratification of a definitive treaty of peace, further addi-
tional rates and duties in Great Britain on the rates and duties on profits
arising from property, professions, trades, and offices ; and for repealing an
Act passed in the forty-fifth year of his present Majesty, for repealing cer-
tain parts of an Act made in the forty-third year of his present Majesty,
for granting a contribution on the profits arising from property, professions,
trades, and offices ; and to consolidate and render more effectual the pro-
visions for collecting the said duties," and any other Act or Acts for regu-
lating the said duties respectively, and relating to surcharges in the double
duty, and as if the said provisions in the said clause of this Act relating to
charges in the single duty had been expressly applied to the provisions of the
said Acts i*espectively relating to surcharges in the double duty, and had beeb
respectively enacted therein ; and all provisions, clauses, matters, and things
in the said several Acfei respectively which are repugnant to the provisions in
the said clause of this Act, and for which other provisions are made in this
Act, except such provisions, clauses, matters, and things therein as relate to
surchai'ges in the double duty, which are herein declared to be applicable to
the provisions of this Act, shall severally cease and determine.
i(
«
«
«
iC
tt
tt
it
tt
A.D. 1810. 30 George III. c. 105. 619
III. And be it further enacted, that in case any commissioner or commis- CommisBionen
fiioners acting in the execution of any such Act or Acts herein m^ntioned^ or ^1^^^^ acts
of this Act, shall by information or other process or proceedings whatsoever done in the
at the suit or on the behalf of hLs Majesty, his heirs or successors, be proceeded tWsOT^^y^ct
against or impleaded for or by reason of any matter or thing he or they tad obtauunff
111* j» •xj.j' T-Axi X** verdict, shall
may do or determme or may refuse or omit to do m or about the execution ^^ entitled to
of any such Act or Acts, And upon the trial of such information or other costs, to be paid
process a verdict shall be given or any order or rule of court shall be general out of
made for such commissioner or commissioners, or such information or other ??®^®** ™ ?"•
process or proceeding shall be discontinued or withdrawn, or dismissed the fnim duties.
court in which they shall have been prosecuted, then and in either of the said
cases such, commissioner or commissioners shall be entitled to his or theii* full
costs of suit, to be taxed by the proper officer of such court sus between
attorney and client; and it shall be lawful for the commissioners for the
affairs of taxes to direct the receiver general of the county within which any
such commissioner or commissioners shall act, and the said receiver general is
hereby required, to pay such taxed costs out of any money in his hands arising
from the duties of assessed taxes, and which shall be allowed in the accounts
of the said receiver general
V. And whereas by the said last-mentioned Act of the forty-third year of 43 Geo. 3.
his present Majesty's reign it is enacted, that the respective commissioners ^* ^®^'
should cause two duplicates of every assessment to be made out on parchment
by their clerk within one month at fisirthest after the tenth day of Februaiy
after the making the said assessment yearly, to be delivered as therein is men-
tioned, under a penalty on the clerk to the said commissioners who shall
neglect or refuse to make out and deliver such duplicates within the time
before directed : And whereas it is necessary to give further time for making
out and delivering such duplicates : Be it further enacted, that in respect of Time for
the duties of assessed taxes the said respective commissioners shall cause the ^^ ddivering
duplicates required by the said Act to be made out after the time appointed dnplicates of
by the said Act for making the supplementary assessments of the said duties lespect of
yearly, and within one month at farthest after all appeals from the said sup- a«^»e^ ***««
•^ ^^ '' and income tax
plementary assessments shall have been heard and determined, and so that respectiTely
the same may be delivered to the receiver general and to the commissioners «"^^
for the affairs of taxes respectively on or before the day to be appointed for
Uie receipt of the last instalment of the said duties next after the fifth day of
April yearly ; and in respect of the duties arising from the profits of property,
professions, trades, and offices the said I'espective commissioners shall cause
the duplicates required by the said Act to be made out after the time ap-
pointed by this Act for making the supplementary assessments of the said
last*mentioned duties yearly, and within one month at farthest after all
appeals from the said supplementary assessments shall have been heard and
determined, and so that the same may be delivered to the receiver general
and to the commissioners for the affairs of taxes respectively on or before
the day to be appointed for the receipt of the last instalment of the said last-
mentioned duties next after the fifth day of July yearly ; and no clerk to the
Raid respective Commissionera who shall make out and deliver the respective
duplicates required by the said Act within the time aforesaid shall be sued or
620
50 George III. c. 106.
A.D. 18ia
prosecuted for or liable to the penalty contained in the said Act by reason of
not making out or delivering the said respective duplicates within the time
directed by the said Act.
Time for per-
son charged to
deliver in
amended re-
turn, and ap-
peal.
Hearing and
deciding
appeals.
Persons
making false
declaration
guilty of a
misdemeanor*
Pen^tf.
indictment fbr
false declara-
tion to be laid
in the county,
&c. where
declaration ex*
hibited.
VIII. And be it further enacted, that every person to be chai^ged in pur-
suance of this Act by the certificates of any surveyor or inspector shall have the
fall period of ten days after service of the notice of such charge to deliver hJB
or her amended return, to such surveyor or inspector according to the directioM
of this Act, and no certificate of such charge shall be signed or allowed by the
said commissioners, nor any appeal shall be heard from such charge, before the
expiration of such period of ten days; and if the person so charged shftU
before the expiration of the said period deliver a return and declaration as
aforesaid which the said surveyor or inspector shall object to, then such retom
and declaration shall be deemed to be a sufficient notice of appeal from such
chai'ge to the commissioners of the division, who are hereby required to hear
and determine the matter thereof according to the directions of this Act ; and
if the person so charged shall not before the expiration of the said period of
ten days deliver a return or declaration as aforesaid, it shall be lawful for the
said conunissioners, upon the appearance before the said commissioners of the
person charged, or some person on his or her behalf, and the delivery to them
of such list and declaration as is herein^before required on the day or days
appointed for hearing appeals from the charges of such surveyor or inspector,
to hear and determine the matter of such charge according to the directions
of this Act) notwithstanding the person so charged shall not have given any
previous notice of his or her intention to appeal : Provided that in default d
the appearance of the party charged before the said commissioners, or some
person on his or her behalf on such day or days of appeal, or in de&ult of the
production of such list or declaration as .aforesaid, the certificate of such chaige
shall be confii*med by the said commissioners.
IX. And be it farther enacted, that if any person in any such dedaraticm
as aforesaid shall wilfully and fraudulently declare any matter or thing which
shall be false or untrue, every person so offending and being thereof lawfiiUy
convicted shall be judged guilty of a misdemeanor, and shall be committed to
the gaol of the county, riding, or shire where such ofience shall be tried for
any space of time not exceeding six calendar months, and shall be fined in
such 8um> not exceeding treble the amount of duty for which such person
shall have been charged, as the court before whom such trial shall be had shall
think fit to order.
X. And be it further enacted, that any indictment for such misdemeanor
in making a false declaration as aforesaid, whether such declaration shall be
made within Great Britain or without, shall be laid, tried, and determined
in the coimty, riding, or shire where such declaration shall be exhibited to the
respective commissioners of tbe duties to which such declaration shall relate.
XL And whereas by an Act passed in the forty-eighth year of the reign
of his present Majesty, intituled '' An Act to amend the Acts relating to the
" duties of assessed taxes, and of the tax upon the profits of property, pro-
" fessions, trades, and offices, and to regulate the assessment and collection of
" the same/' certain rules and directions are contained for paying to the
receiver general and accounting for the duties received by the collectors in
AJ>. 1810. 50 QisoROE III. c 105, 108, 621
that pari of Great Britam as aforesaid : And whereas it is expedient that the Arreanof
same should be altered and amended in certain particulars ; Be it further ^^ ^^^
enacted, that whenever any schedule of arrears shall have been or shall be c. ui.majbe
transmitted by the respective commissioners acting in the execution of the ^{j^^^^n.
Acta in relation to the duties therein mentioned or any of them to the stead of by
receiver general of the said respective duties, and the commissioners for c^^rtof*"^^^
the afEairs of taxes shall be of opinion that the said duties in arrear might Exchequer.
more conveniently be collected by the respective collectors of the said duties
in their respective districts according to the directions of the several Acts
granting the said duties, or other Acts relating to the said respective duties,
than by process to be issued out of the Court of Exchequer, it shall be lawful
for the said commissioners for the affairs of taxes to direct the said receiver
general to return the said schedules to the said respective commissioners from
whom he or they received the same, and the said respective commissioners
shall cause the said duties in. arrear to be levied under all or any of the powers
and by any of the ways and methods prescribed in the said Acts respectively,
without delay.
CHAPTER CVIII.
An Act to amend and enlai*ge the Powers of an Act passed in the Second
Year of his present Majesty, for the Encouragement of the Fisheries of
this Kingdom, and the Protection of the Persons employed therein.
[20th June 1810.]
V. And be it further enacted, that in case any seaman or mariner, after he panishmentof
shall have entered into any agreement or taken any earnest for the perform- seam^ engaged
ance of any fishing voyage or for any stipulated time of any fishing season, voyages and
shall neglect or refuse to proceed on the intended voyage or voyages for J^^f^^^^
which he shall have engaged or taken earnest^ every such seaman or mariner ments.
shall forfeit for every such offence the sum of five pounds ; and it shall and
may be lawful, upon complaint made thereof to any of his Majesty's justices
of the peace within their respective jurisdictions by' the master or owner or
owners, or any other person having charge or command of the vessel or boat
in which such seaman or mariner engaged to go, for such justice, and he is
hereby required, to issue his warrant to apprehend such seaman or mariner,
and in case such seaman or mariner shall not pay such penalty, or give suffi-
cient reason for such refusal to the satisfaction of such justice, then to commit
such seaman or mariner to the house of correction, there to be kept to hard
labour for any time not exceeding thirty days, nor less than fourteen days.
YL And be it fiuther enacted, that if any master or owner of any ship. Penalty on
vessel, or boat shall hire, entice, harbour, entertain, or employ in any such 5'™^ ^^ *""
I.- 1 X. J, \' ^ A X. 1 ' i ticiDg appren.
sbip, vessel, or boat any apprentice, seaman, or landman belcmging to any tices or persons
fishing vessel or boat or who shall have engaged to go on any fishing voyage, g^^^i ves^ls
knowing that such apprentice, seaman, or landman does belong to such fishing
vessel, or has engaged to go on a fishing voyage, or after notice given thereof,
every such master or owner as aforesaid on being convicted of any such
offence shall for every such offence forfeit and pay the siun of twenty pounds,
to be levied, recovered^ and applied in manner herein-after specified.
624 50 George III. c. 108. ' A.D. 1810.
J
Jastieet to ' VII. And be it further enacted, that all justices of the peace within their
try o eocefl. respective jurisdictions shall hear and determine all offences committed against
Penalties to be the true intent of this Act ; and that all pecuniary penalties and forfeitures
paid at once ; inflicted and made payable by this Act, whereof the time of payment is not
herein-before directed, shall be paid within twenty-four hours after the con-
viction of the offender, either by his or her confession or by the oath of one
or more credible witness or witnesses, which oath every justice within his
or levied by respective jurisdiction is hereby authorized and required to administer ; and
' that any justice or justices within his or their respective jurisdiction may issue
a warrant under his hand and seal or their hands and seals respectively
directed to any peace officer within their respective jurisdiction to levy the same
by distress of goods and chattels of the respective person and persons who
shall be so convicted, and which shall be found within the respective jurisdic-
tion of any such justice or justices ; and if within five days from any such
distress being taken the money forfeited shall not be paid, together with the
costs of such distress, the goods so distrained shall be appraised and sold,
rendering the overplus (if any), after deducting the penalty or forfeiture, and
the costs and charges of the distress and sale, to the owner or owners thereof,
which charges shall be ascertained by some justice or justices of the county,
city, riding, division, or place in which the offender or offenders shall have
if snffioicnt dis- been convicted ; and if sufficient distress cannot at any time be found whereby
offendere ^y ' ^^® money which shall be forfeited by any offender or offenders against this
be committed. Act can be levied on his, her, or their goods and chattels, then and in every
such case, upon proof thereof upon oath before some justice or justices within
whose respective jurisdiction any such offender or offenders shall I'eside or be,
such justice or justices shall on the application of any prosecutor or prosecutors
of any such offender or offenders issue a warrant under the hand and seal or
hands and seals of any such justice or justices 'directed to some peace officer
or officers to apprehend every such offender or offenders, if he, she, or they
can be found, and to convey and commit every such offender and offenders to
the house of correction of the county, city, or place where any such offender
or offenders shall be found and apprehended, there' to remain and be kept to
hard labour for any time not exceeding one month, as any such justice or
justices shall order, unless the money which shall be forfeited by such t)ffender
ProsecutionB or offenders shall be sooner paid.
meno^within VIII. PROVIDED always, and it is hereby enacted, that no person shall suffer
three calendar any punishment for any offence committed against this Act unless the pro-
^^^^ ' . secution for the same be commenced within three calendar months after such
FerBons im-
prisoned for not offence committed ; and that where any person shall suffer imprisonment pursuant
d^not^^te ^ ^^^^ ^^ ^^^ ®^y offence contraiy thereto in^default of payment of any penalty
to pay them hereby imposed such person shall not be liable afterwards to pay such penalty.
rwards. j-jr ^^^^ |^ j^ further enacted, that if it shall be made out by the oath of
Power to jM- "^ -
ticee to sum- any credible person or persons to the satisfaction of any justice or justices of
imd i^Sh^*' the peace that any one within the jurisdiction of any such justice or justices is
them for non- likely to give or offer material evidence on behalf of the prosecutor or any
f^^^^^to off^^nder or offenders against the true intent and meaning of this Act, or on
give eyidence. behalf of the person or persons accused, and will not voluntarily appear before
such justice or justices, and be examined and give ' his, her, or their evidence
concerning the premises, every such justice or justices is and are hereby
A.D. 1810. 50 George III. c. 108. 623
authorized and required to issue his or their summons to convene every such
witness and ^witnesses before any such justice or justices at such seasonable
time as in sucb summons shall be fixed ; and if any person so summoned shall
neglect or refuse to appear at the time by such summons appointed, and no
just cause sKall be offered for such neglect or refusal, then, after proof by oath
of sacli summons having been duly served upon the party or parties so sum-
moned, every such justice and justices is and are hereby authorized and
required to issue his or their wairant under his hand and seal or their hands and
seals to bring every such witness or witnesses before any such justice or
justices ; and on the appearance of any such witness or witnesses before any such
justice or justices every such justice or justices is and are hereby authorized and
empowered to examine upon oath every such witness ; and if any such witness
on his or her appearance or on being brought before such justice or justices
shall refuse to be examined on oath concerning the premises without offering
any just cause for such refusal, any such justice or justices within the limits
of his or their jurisdiction may by warrant under his hand and seal or theu'
hands and seals commit any person or persons so refusing to be examined to
the public prison of the county, riding, division, city, liberty, or place in which
the person or persons so refusing to be examined shall be, there to remain for
any time not exceeding fourteen days nor l&ss than three days as any such
justice or justices shall direct
X. Ant> be it also enacted, that in case any person against whom a warrant if offenders go
shall be issued by any justice or justices of the peace for any offence against ^Uier omnties
this Act shall go into, i*eside, or be in aiiy other county^ riding, division, city, ju^tioet of such
liberty, town, or place out of the jurisdiction of the justice or justices who marbackwar-
shall have granted any such warr^t or warrants as aforesaid, it shall and may rants, and
be lawful for any justice or justices of the peace of the county, riding, division, 2m» Vppre*'
city, liberty, town, or place into which such offender or offenders against this bended them-
Act shall go or be to indorse his or their name or names on sudi warrant them'to^a ju^
(proof being first made on oath of such warrant having been signed by such ^ce within
other justice or justices), and every warrant so indorsed shall be sufficient tion tti'^ence
authority to all persons to execute such warrant in such other county, riding, ^** committed,
division, city, liberty, town, or place out of the jurisdiction of the justice or
justices who first granted such warrant, and eveiy such justice and justices
respectively, as the case shall happen, after indorsing any such warrant as
aforesaid, may on the offender or offenders therein named being apprehended
and brought before any such justice or justices within his or their respective
jurisdictions hear and determine the matter of the complaint contained in every
such warrant, in the same manner as if such complaint had originally arose
within the jurisdiction of such justice or justices who shall have so backed any
such warrant, or may direct the offender or offenders to be carried before a
justice or justices within whose jurisdiction the offence was committed, there
to be dealt with according to law.
XI. And be it further enacted, that one moiety of all money which shall Application
be forfeited for any offence which shall be committed against this Act (and not o^ ?«"*•*«»«•
herein otherwise appropriated) shall when recovered go and be paid to the
person or persons who shall prosecute to conviction any such offender or
offenders, and the other moiety thereof shall go and be paid to the treasurer of
Greenwich Hospital for the time being for the benefit of the same hospital
624
50 QsoBas 111 c. loa
A.D. 18ia
Appeal to
quarter ses-
sions.
Form of con-
viction.
Order or pro-
ceedings not to
be quashed for
want of form.
Order of
XIL Provided also, and be it ftirther enacted, that it shall be lawful for
any person or persons who shall think him, her, or themselves aggrieved by
any order or determination of any justice or justices of the peace upon ao(x>imt
of any offence committed or supposed to be committed against this Act to
appeal to the general or quarter sessions of the peace which shall be held for
■the county, city, riding, division, or place where any such offence shall have
been committed next after the conviction of any offender or offendera for any
offence committed against this Act, the person or persons so appealing first
giving security in double the sum forfeited before such justice or justices to
prosecute such appeal with effect, and to abide by the order or orders whidi
shall be made on such appeal, and giving eight days notice in writing of his,
her, or their intention to appeal to the party or parties on whose prosecuticm
any such conviction shall be made, if there shall be so many days within the
time of such conviction and such general or quarter session, and if not then
the party or parties who shall deem him, her, or themselves aggrieved by any
Buch conviction shall and may be at liberty to appeal to the next general or
quarter session but one which shall be held next after any such conviction for
the county, city, or place where any such conviction shall be made ; and the
justices in their said general or quarter session are hereby authorized and
required to hear and determine the matter of every such appeal, and to make
such order therein and to award such costs as to them shall appear just, and
to cause to be levied under the order of any such session the costs which shall
be awarded, together with such money as any such court of session on the
hearing of any such appeal shall adjudge to be forfeited, by distress and sale
of the goods and chattels of the person or persons who shall refuse to pay
such costs and money forfeited, and if sufficient goods or chattels of any such
offender or offenders cannot be met with to satisfy such costs and money for-
feited, then by distress and sale of the goods and chattels of the person or
persons who shall have become surety or sureties as aforesaid for the party or
parties who shall have so appealed.
XIII. And for the more easy conviction of offenders, be it fuiiher enacted,
that the justice or justices of the peace before whom any person or persons
shall be convicted of any offence against this* Act shall and may cause the
conviction to be drawn up in the following form of words, or in other to the
same effect ; (videlicet),
* X)E it remembered, that on the day of in the
* -"-^ year of the reign of his Majesty King , is [or, are]
' convicted before , one or more of his Majesty's justices of the
* peace for , by virtue of an Act passed in the fiftieth year of
* the reign of his Majesty King George the Third, intituled [here insert the
' title of this Act, specifying the offence and the time and place when and
' where the same was committed, as the case' shall be} contrary to the said Act,
' [or, as the case shall be] for which offence, we [or, I] adjudge
' Given under our [or, my] hands and seals [or, hand and seal]
* the day and year first above written.'
XIV. Provided likewise, and be it also enacted, that no order or proceed-
ings to be made or had by or before any justice of the ^eace in relation to the
premises shall be quashed or vacated for want of form only ; and that the
order which shall be made in the premises by the justices at their general or
A.I>. 1810.
50 George III. c. 108, 112.
025
juitloM to be
flnal, Mid not
removeable by
certiorari.
Limitation of
actions.
quarter session of the peace as aforesaid shall be final ; and that no proceed-
ings of any such justice or justices out of session, or in their said general or
quarter session in pursuance of this Act, shall be removeable by certiorari,
letters of advocation or of suspension, or otherwise.
XY. And be it enacted, that if any action or suit shaU be brought or com-
menced against any person or persons for any thing which shall be done in
pursuance of this Act, every such action or suit shall be brought and com-
menced within the space of six calendar months next after any such cause of
action shall have accrued, and not afterwards, and shall be brought, laid, and
tried in the county, city, or place in which the cause of action shall have
arisen, and not elsewhere, and that the defendant and defendants in every
such action and suit may plead the general issue, and give this Act and the
special matter in evidence at any trial to be had thereupon, and that the same
was done in pursuance and by the authority of this Act ; and if the same
shall appear to have been so done, or if any such action or suit shall not be
commenced within the time before limited, or shall be laid or brought in any
other county, city, or place than where the cause of action shall have arisen,
then and in any of such cases the jury shall find a verdict for the defendant
or defendants ; and upon such verdict, or if the plaintifTor plaintiffs in any such action IVeble ooitt.
or £»iiit shall become nonsuit or discontinue his, her, or their action after the de-
fendant or defendants thei*ein shall have appeared, or if on any demarrer judgement
shall be given for the defendant or defendants, then and in any of the said cases every
such defendant or defendants shall have and recover treble costs, and shall be entitled
to pursue and take such remedy for recovering of the same as any defendant or
defendants hath or have to recover his or their costs in other cases by law. {Rep^
5A6 Vict. c. 97. s. 2.J
CHAPTER CXIL
An Act for abridging the Form of extracting Decrees of the Court of Session
in Scotland, and for the Regulation of certain Parts of the Proceedings of
that CourtH [20th June 1810.]
%1/^HEREAS an Act was passed in the forty-eighth year of the reign of his
^ * present Majesty, intituled " An Act cono^ning the administration of 4S 0«o. s.
" justice in Scotland, and concerning appeals to the Houfie of Lords," by *' ***'
which Act his Majesty was empowered to name and appoint, and porsuant to
which his Majesty did name and appoint, by his Majesty*s royal sign manual,
certain persons to make enquiries into the form of process in the Court of
Session, and to report upon various matters therein particalarly set forth : And
whereas an Act was passed in the last sesHion of Parliament, intituled ** An ^•^Of^- ••
'* Act to give to the persons named by his Majesty, pursuant to the said recited
" Act, farther time for making their report or reports i* And whereas the
commissioners so appointed have made two reports to his Majesty and the two
Houses of Parliament relative to the subject matter npon which they were
directed to report : And whereas it is expedient that the mode of extiactii^
judicial acts and decrees of the Court of Session hitherto in ose shoold be
e. 11«.
{• Bep^ 6 Geo. 4. c. 120. f
e^ressed ; rep., 16 & 17 Vi
ment cootained in that secti
VOL IV.
iooonsistoot irith the r^gidatioos
with the
626
50 George IIL a 112.
A.D. 1810.
Extracts of
decrees at pre-
sent in use
abolished.
Certain fees on
abridged forms
of extract to be
continued.
Forms of
extracts to be
observed.
Fees payable
thereon.
Forms of ex-
tract in com-
mon actions
and in advo-
cations and
suspensions.
Form of ex-
tract in pro-
cesses of ad-
judication.
Form of ex-
tract in cessio
bonorum.
Form of ex-
tract in actions
of proving the
tenor and
transumpt.
Form of ex-
tract in actions
of declarator.
Form of ex-
tract in actions
of ranking
and sale.
altered, and a more abridged form adopted, and that other regulations ahodd
be established, and amendments made in the forms of that court ; which oan-
not be effected without the authority of Parliament : May it therefore pleue
your Majesty that it may be enacted, and be it enacted by the King's mosi
excellent Majesty, by and with the advice and consent of the lords spiritaal
and temporal, and commons, in this present Parliament assembled^ and by the
authority of the same, that the present mode of extracting judicial acta and
decrees shall from and after the passing of this Act cease and determine, to-
gether with all the fees and dues exigible for such extracts or relating theareto :
Provided nevertheless, that the fees now payable to the lord chief clerk roister
and to the macers of the Court of Session, and to the keeper of the minute books
upon acts and decreets, and ta the housekeepers upon abbreviates of adjudi-
cation, shall continue to be paid and payable upon the abridged forms of
extract prescribed by this Act
IL And be it enacted, that the forms herein prescribed for the extract of
judicial acts, and decreets, and the rules and r^ulations made relative thereto,
shall from and after the passing of this Act be observed in all cases, whether
of actions and processes at present or then depending or which may in future
come into courts or of those which, although finished, have not been taken out
of court by a final extracted decree ; and the fees and dues hereby made pay-
able in the case of extracts, and no other, shall from and after the passing oi
this Act be the fees and dues payable for such extracts.
IIL And be it enacted, that in actions for payment or performance or sach
other common proceedings, and in processes of advocation or suspension, the
extract of the decree shall firom and after the passing of this Act be in the
form appearing from schedules (A) (B.) (C.) (D.) and (E.) hereunto annexed
respectively.
lY. And be it enacted, that in processes of adjudication, the extract of the
decree shall from and after the passing of this Act be in the form which has
heretofore been used for the abbreviate of the adjudication in case a decree
shall be' pronounced for the adjudger ; but where the defender is assoilzied,
the extract shall be in the form herein-before directed to be used in the case of
decrees of absolvitor.
y. And be it enacted, that in actions of cessio bonorum, the extract of the
decree shall be in the form at present used for the abstract in decreets of cessio,
with an addition thereto of the names of all the creditors cited.
YI. And be it enacted, that in actions of proving .the tenor and transumpt,
the extract shall contain a copy of the deed proved or transumed, with ilie
judgments pronounced by the court, reduced into the form of what is at pre-
sent termed the grand decemiture, in cases where decree shall be pronounced
in favour of the pursuer ; and in cases where the defender shall be assoilzied
the extract shaU be in tlie form herein*before prescribed in decreets of ab-
solvitor.
YII. And be it enacted, that in actions of declarator, the extract of the
decree shall contain the conclusion of the summons and the judgments pro-
nounced by the court, reduced into the form of the present grand decemiture.
YIII. And be it enacted, that in actions of ranking and sale the foflowing
regulations shall be observed ; first, the extract of the act and commission for
proving the value of the subject to be sold shall be in the form appeariDg firom
A.D. 1810, 50 George HI. c. 112. 627
schedule (F.) hereunto annexed ; secondly, the extract of the decree of sale
shall be in the form appearing from schedule (G.) hereunto annexed ; thirdly,
the extract of the decree of ranking shall be in the form appearing from sche*
dule (H.) hereunto annexed ; fourthly, the extract of the decrees of division
ahall be in the form appearing from schedule (I.) hereunto annexed ; fifthly,
there shall no longer be any extract of the decreet of certification in a process
of ranking and sale, nor any act of roup pronounced, nor consequently any
extract thereof, the letters of publication now in use rendering such acts un-
necessary, but the extract of letters of publication shall be continued in their
present form.
IX. Al?i> be it enacted, that in actions of proving the tenor and of reduction ^ certain ao«
no act shall henceforth be pronounced, and in actions of improbation acts for henoeforSfto
first and second terms shall be discontinued. ^e pronoanced.
X. And be it enacted, that in all other cases not herein particularly Formofez-
describedy whether arising upon summons, bill, or petition, or petition and j!2|fg^otpar-
oomplaint, the extract of the decree shall be according to the forms herein ticuiariy pro-
set forth, with such variations as the nature of the case and the form of the
4
application may necessarily require.
XI. And be it enacted, that where an appeal shall be taken to tl^e House In appetOs to
of Lords, a full copy of the printed papers given into the Court of Session certified copies
certified by one of the principal clerks of session, together with copies so ofproceetogs
certified of such interlocutors and minutes of the court as shall have been ij^ evidence.
pronounced or framed subsequent to the date of the last of these printed
papers, shall and may be received in evidence in such and the like manner as
extracts of the whole proceedings are at present.
XII. And be it enacted, that no record copy, as it is termed, shall hence- NorecoTdcopy
forth be made ; but at the expiration of five years after the date of the final *® ^ '"•^ '
decree or last proceeding in that court each process with all the steps of Froceedings to
proceeding in it and productions not taken up by the parties shaU be trans- ^^ ^Znewd re-
mitted to and lodged in the general register bouse under the ctrstody of the gutter home,
lord clerk register of Scotland ; and duplicate shall be made of all extracts of Duplicates of
decrees in the form herein prescribed, for which no fees shall be exigible t^'^JJ^e^f**
except the ordinary charge for copying paid for copying at the time in the clerks, and
Court of Session, which duplicates shall from time to time be bound up in Jj^^ itiu/d^
convenient volumes, and after remaining not more than five years after the creet ihaii be
date of the final decreet in the ofiice of the clerk wherein such duplicates shall ^^^S^^iegis*
have been made, shall at the expiration of that period be regularly transmitted ^^^ hoju^
to the said general register house.
|X1II.*I And be it enacted, that the offices of extractors in the Court of Office of
Session as heretofore constituted shall be abolished, and the six assistants of ^boliflhed.
the principal clerks of session shall prepare the abridged forms of extract
herein directed to be observed ; each assistant executing that duty in such Amistaiit
processei§ as belong to the department or closet of the principal clerk under ^^^^^^1^^.
whom he acts, or the corresponding depute clerk in the outer house. eztraeiB.
I^ So much of this Act as provides that the six assistants of the principal clerks of
session shall prepare the abridged forms of extracts herein directed to be obserredy and
M provides salaries to such six assistants in respect of the preparation thereof, rep.,
1 & 2 Geo. 4. c. 38. s. 17.J
fi28 50 Georoe III. c. 112. A.D. I8I1).
Fees of clerks jXVI.'J Akd be it enacted, that the said assiatanta of the clerks shall wd
contianed, but i>iay continue to receive the fees to which as such assistants they are at
no fee* or . present or may in future be entitled; but in their character of ertmiors
paid for ei- according to tlie new forms hereby established they shall he entitled to no fee
h^ aiki**^ whatever except the ordinary charge for copying paid for copying at Uie fame
in the Court' of Session ; neither shall the principal clerks or the depute derks
of session be entitled to sny fees whatever ; but declaring that the said derlu
and the said assistants of the principal clerks in their character of extractor
shall be paid the following salaries, videlicet ;
^''d""!tp'T- i^^I^-'i ^^^ ^ '*- enacted, that the salaries herein -before provided Hhall
out of the feu from and after the paaung of this Act be payable quarterly out of the iet
^°*- fiind hereby established, and if such fund shall at any time be insufficient for
the payment of such salaries, the deficiencies shall be supplied in the same
manner with the salaries payable to the judges of the Court of Session out of
the monies which by several Acts made in the seventh and tenth years of the
reign of Queen Anne were charged or made chargeable with the fees, salanes,
and other charges allowed or to be allowed by her Majesty, her heirs or
successors, for keeping up the Courts of Session, Justiciary, and Exchequer in
Scotland,
^rt's'^'^ed XV^ir- -^-ND be it further enacted, that for the purpose of raising such fee
Id Hchedule to fund the fees specified in the schedule hereunto annexed, intituled " Dues of
futS "^ ^" ' ^**'^''*^" ^*^^ ^^ payable and exigible upon and for the several matters
therein contained.
soof. per urn. XIX. AND be it enacted, that the sum of two hundred pounds steriing per
of ihe'f^ f^a annum ' shall be paid out of such fee fund to the order of the principal derks
for defraying of session for defraying the expence of the office rooms of the whole princiiial
office ToomH. and depute clerks of session, and all other charges and oxpences connected
therewith ; and the said principal clerks shall be bound and obliged to keep up
and defray the expences of such office rooms, and to defray all such other
charges and expencea accordingly.
llie present XX. And be it enacted, that the dues of court at present payable to the
to be abolidied clerks of sesslon and the present office of collector of the clerks dues shall be
imd loeieail ^^^ 41,3 game are hereby abolished ; and the dues mentioned in the sud
dues specified schedule shall be collected by a collector appointed by the lord president of tbe
ih^'b^eo '^"'*^ "^ ■^'"''™ ^^'P"' ^"^^ ^^ ^^* ■*^*^*' '^'^ ^^°' ^■^'' '**>l^'"g ^'^ 0®<* ***
and collected vitam aut culpam, who shall discharge his duty by personal attendance in
^iwicDr^Dted ''ourt or in the collector's office during office hours, and by marking upon each
who shall al«o paper that the proper dues or fees had been received of the dat« marked,
cletkrofsV without which marking no principal clerk or depute clerk of sessions, lords
nous' pri>i»r- clerk, or clerks assistant shall receive any such paper into process ; and such
' "iri^n f^* collector shall further demand and receive once a month or oftener from the
keepers of the registers respectively, who shall be bound to pay to him, the
proportion which the clerks of session have been in use to receive of fees paiil
upon registration, and upon extracts of deeds and instruments recorded in the
[* So much of this Act u providea that the six aEflistants of the principal clerks of
Beseion shall prepare the abridged forms of extracts herein directed to Iw obeerved, and
as provides salaries to such six aseistauts in respect of tb«. preparation thereof, rep-,
1 & 2 Geo. 4. c. 38. s. 17.]
tratlon fees.
A-D. 1810. 50 George III. c 112. 629
books of council and Bession ; and all such fees shall form part of the fee F(>e.s to be
fund hereby established. fee f^^^
XXI. Provided always, and be it enacted, that such fees paid upon I'e- Fees ou regis-
giHtration and upon extracts of deeds and instalments so recorded in the other respects
books of council and session shall remain in other respects as at present. ,^ remain as
* * at preseut.
XXII. Provided always, and be it hereby enacted^ that such collector shall collector of
be responsible for every person whom he may have occasion to empower dues to find
Hecuritv tor
to act for him in his absence, .and for eveiy clerk and person employed by himself and
him in the business of such collection, and shall find security for their as ^" deputies.
well as his own intromissions.
XXIII. And be it enacted, that such collector shall fuither keep regular ^'^^^^V*^
and distinct books for entering the fees and dues of court separately of the for entering
dates on which they ai'e received, with the mai-k of the clerk's office, names of ***® ^^*"-
the parties, and the step of the proceedings upon which the same is paid,
which books shall be open at all reasonable times for the inspection 'of the
judges, the auditor of the court, and the principal clerks of session ; and such Money to b«
collector shall at least once in every week lodge all monies so paid to him with into the bank.
the Bank of Scotland or the Royal Bank of Scotland, the interest received
from which banks respectively shall make part of the fee fund hereby 0,^1 • * u-
established, out of which such collector shall pay the salaries herein directed paid thereout.
to be paid by means of such fees and dues ; and if upon the thirty-first day of How bnlance
December in any year any balance shall remain upon such account, such j,o8edof.
balance shall be paid to the person or persons authorised to receive the said
monies which by the said Acts made in the seventh and tenth years of the
reign of Queen Anne were charged or made chargeable with the fees, salaries,
and other charges allowed or to be allowed for keeping up the Courts of
Session, Justiciary, and Exchequer in Scotland as aforesaid.
XXIV. And in order to check the accounts kept by such collector, be it Books to he
enacted* that books shall bo kept by the respective clerks, of court of each of court,^Bhew-
office, shewing the dues of court which according to the schedule hereunto >ng ^hat fees
annexed have or should have been received in each process under their been received,
charge on the several steps of that process on which such dues are payable ;
and such collector shall render his accounts at least twice in every year to , Coliector'n
any accountant to be named by the president of the college of justice ; or if ^^^ ^nd
no such accountant shall be named, to the auditor of court, who shall compare compared with
and eitamine the same with the books so kept by the clerks aforesaid, and
make his report thereupon to the court.
XXV. And be it enacted, that such collector shall receive a remuneration Collector to be
for his trouble by a rate payable out of the said dues of four pounds per ^^ for^
centum upon the amount thereof received by him. trouble.
• ••••••••
XXVIII. And be it enacted, that all causes not exceeding the value of Certain caoses
tWenty-five pounds sterling shall from and after the passing of this Act be ^^^^ i^SSior
carried on in the firat instance before the inferior judges, in the manner jodgen.
directed and with the exceptions specified in an Act passed in the third
session of the second parliament of his Majesty King Charles the Second,
intituled " Act concerning the regulation of the judicatories."
630
50 George III c. 112.
A.D. 1810.
Pemuoient
lords ordinary
appointed,
to hear causes
in outer house.
Lords ordinary
to administer
oaths and ex-
amine wit-
nesses.
XXIX. And whereas it would faciljtate the dispatch of business in the
Court of Session if the duty of the outer house were done by a certain nnniber
of the ordinary judges officiating there in a more permanent manner than the
present weekly rotation among the whole: Be it enacted, that the three
jimior ordinary judges of the first division of the Court of Session and &e
two junior ordinary judges of the second division shall be relieved from
attendance in the inner house, and shall from and after the passing of this
Act not sit therein, but shall sit as lords ordinary in the outer house to
perform the business of the outer house ; (that is to say,) two of the said
judges^ one of each division, shall officiate each wee& in the outer house for
hearing causes in the rolls of suspensions, advocations, regulations, and <»tiinary
actions; and such junior judges of either division shall officiate as lords
ordinary, according to the rules and forms of proceeding for the time observed
in processes depending before lords ordinary.
XXX. And be it enacted, that this regulation concerning ordinary judges
in the outer house shall include the duty of administering oaths and ex-
amining witnesses, but shall not extend to the bill chamber, in which the
business shall continue to be done as at present by all the ordinary judges
in rotation.
Quoram of
inner house.
Other judges
relieved fi^m
attendance in
onter house.
Grounds fbr
allowing bills
of advocation
from inter-
locutory judg-
ments of the
commissarjr
court.
Bills of snspen-
aion frt>m the
Adnuralty
Court in mari-
time causes
to be printed
and reported ;
in mercantile
causes to be
regulated
in manner
herein-after
prescribed.
Grounds for
allowing bills
of advocation
from interlo-
cutory judg-
ments of the
sherifBi and
other inferior
judges.
XXXII. And be it enacted, that so soon as five junior ordinary judges shall
officiate as permanent lords ordinary in the manner herein directed, three
judges in either division shall be a quorum in the inner house ; and the other
judges of the Court of Session shall be relieved from attendance in the outer
house and from performing the duties of lords ordinary therein.
XXXIII. And be it enacted, that bills of advocation from interlocutory
judgments of the Commissary Court shall be allowed only on tiih ground of
contingency and incompetency, including incompetency in the mode of proof,
and in this last case only with leave of the Commissary Court ; and no bills of
advocation from the Commissary Court shall be allowed from interlocutoty
judgements upon grounds of iniquity or en-or, but shall be competent only
after Gnsl judgment before extract.
XXXIV. And be it enacted, that bills of suspension from the Admiralty
Court in maritime causes shall, if not refused without^answers, be in all cases
ordered to be printed and reported to either the first or the second division of
the Court of Session ; and if any such bill of suspension shall be presented in
time of vacation, and the lord ordinary on the bills shall not see cause to refuse
the same without answers, he shall sist proceeding until the meeting of the
court, to whom the same with the answers shall be then reported
XXXV. And be it enacted, that bills of advocation and suspension from the
Admiralty Court in mercantile causes shall be regulated in the manner herein'
after prescribed in the case of advocations and suspensions from the judgements
pronounced by sheriffs and other inferior judges.
XXXVI. And be it enacted, that bills of advocation from the sheiiffs and
other inferior judges in Scotland against interlocutory judgements shall be
allowed only upon the following grounds ; first, of incompetency, including
defect of jurisdiction, personal objection to the judge, and privilege of party;
secondly, of contingency ; thirdly, of legal objection with respect to the mode
of proof, or with respect to some change of possession, or to an interim decree
N
AJ>. I^IO- 50 George III c. 112. 631
for a partial payment, provided tliat in the cases specified under this third
head leave is given by the inferior judge. Such bills on
XXXVII. And be it enacted, that bills of advocation from such inferior ^J^^^^
judges shall not in any case be received against interlocutory judgements upon be receiyed
grounds of iniquity or error, but only after final judgement shall have been f^toiyjudg-
pronOunced. ments, bat
XXXVIIL And be it enacted, that in cases where final judgement shall j^l^entBoniy.
have been pronounced no written answer to a bill of advocation or suspension Bills of advo-
from such inferior judges shall be received, but in all such cases, whether the ^^J^"^*^*
cause is brought before the Court of Session by advocation or suspension, the judgments of
bill shall be passed without answers upon caution being found in the same J^J^ ^Med^
manner in which caution is found in bills of suspension at present ; save and without an-
except in cases where upon the face of the bill itself it shall appear that it ti^ound*"'
ought to be refused, and in every such case it shall be refused accordingly. unless it ap-
pears on the
* * * * * * * * * bill that it
XIi. And be it enacted, that bills of advocation and suspension from inferior ^^g^^
judges, when passed as above directed, upon being expede or upon a remit ^^ ^f a^lvo-
from the court, shall be inroUed in the roll of advocations and suspensions in cation and sus-
the outer house ; and the lords ordinary in the outer house and the judges in SSferior judges
the inner house shall have the same power in evety case of suspension which jj^^«" ^*?*f^
they now^ have* in cases of advocation to remit to the inferior judge with ceeded in«
instructions.
XLI. And be it enacted; that bills of suspension and int^tliet shall with Bills of bus-
respect to caution remain as at present, and the lord ordinary may grant y^^^^tf"
interdict therein after advising the same with or without answers, but no
replies or duplies shall be allowed : Provided nevertheless, that the lord
ordinary upon the bills may if he thinks proper hear parties viva voce before
fpmnting or refusing the interdict.
-XLII. And be it enacted, that in bills of suspensions of charges or threat- Bills of 8u«-
ened charges on bonds, biUs of exchange or promissory notes, contracts, ^^^^on
decreets arbitral, or other instruments registered for execution, and in the bonds, &c.
tase of bUls of suspension of decrees of removing, the proceeding shall be as
at present^ save and except that no replies or duplies shall be allowed, but
the lord ordinary oh the bills, may if he thinks proper hear parties viva voce,
and may pass or refuse the bills with or without answers.
XLIII. And be it enacted, that in bills of suspension against decrees pro- Bills of suspen-
Bounced by the Court of Session in foro no replies or duplies shall be allowed, ^J^^ffCourT
and in sudi cases the extracted decree shall be produced with the answers. of Session
in foro.
XLVIII. And be it further enacted, that the fees specified in the schedule ^^^^ ^^ auditor
hereunto annexed, intituled " Rate of fees payable to the auditor of court,^ and
no other, shall be payable to and exigible by the auditor of court, such fees, in
the event of there being an auditor for each division, being divided equally
between the two auditors.
LI. And be it enacted, that fees demandable by writers to the signet for Fe«8 demand-
A Die Dv 'wntem
signet letters, and for proceedings in tbe service of heirs before the macers of to the signet
the Court of Sessions, shaUf be the fees (and no others) appearing from tbe S[s'*'^J[^sJ^ice
624 60 George HI. c. 108. A.D. 1810.
Jastiees to ' VII. And be it further enacted, that all justices of the peace within their
try o ences. respective jurisdictions shall hear and determine all offences committed against
Penalties to be the true intent of this Act ; and that all pecuniary penalties and forfeitures
paid at once ; inflicted and made payable by this Act, whereof the time of payment is not
herein-before directed, shall be paid within twenty-four hours after the con-
viction of the offender, either by his or her confession or by the oath of one
or more credible witneas or witnesses, which oath every justice within his
or levied by respective jurisdiction is hereby authorized and required to administer ; and
' that any justice or justices within his or their respective jurisdiction may issue
a warrant under his hand and seal or their hands and seals respectively
directed to any peace officer within their respective jurisdiction to levy the same
by distress of goods and chattels of the respective person and persons who
shall be so convicted, and which shall be found within the respective jurisdic-
tion of any such justice or justices ; and if within five days from any such
distress being taken the money forfeited shall not be paid, together with the
costs of such distress, the goods so distrained shall be appraised and sold,
rendering the overplus (if any), after deducting the penalty or forfeiture, and
the costs and charges of the distress and sale, to the owner or owners thereof,
which charges shall be ascertained by some justice or justices of the county,
city, riding, division, or place in which the offender or offenders shall have
if sufficient dig- been convicted ; and if sufficient distress cannot at any time be found whereby
offendCTs maj- ' ^^® money which shall be forfeited by any offender or offenders against this
be committed. Act can be levied on his, her, or their goods and chattels, then and in every
such case, upon proof thereof upon oath before some justice or justices within
whose respective jurisdiction any such offender or offendei*s shall reside or be,
such justice or justices shall on the application of any prosecutor or prosecutors
of any such offender or offenders issue a warrant under the hand and seal or
hands and seals of any such justice or justices directed to some peace officer
or officers to apprehend every such offender or offenders, if he, she, or they
can be found, and to convey and commit every such offender and offenders to
the house of correction of the county, city, or place where any such offender
or offenders shall be found and apprehended, there' to remain and be kept to
hard labour for any time not exceeding one month, as any such justice or
justices shall order, unless the money which shall be forfeited by such offender
ProiiecationB or offenders shall be sooner paid.
menc^within VIII. PROVIDED always, and it is hereby enacted, that no person shall suffer
three calendar any punishment for any offence committed against this Act unless the pro-
1!J°"^ ' secution for the same be commenced within three calendar months after such
Persons im-
prisoned for not offence committed ; and that where any person shall suffer imprisonment pursuant
Sm nSt^Uable ^ *^^® -^^ ^^^ ^^^ offence contrary thereto in]default of payment of any penalty
to pay them hereby imposed such person shall not be liable afterwards to pay such penalty,
afterwaidfl. j^ j^^^ y^ j^ further enacted, that if it shall be made out by the oath of
Power to jus- *^
tices to sum- any credible person or persons to the satisfaction of any justice or justices of
S?^S^**^^' the peace that any one within the jurisdiction of any such justice or justices is
them for non- likely to give or offer material evidence on behalf of the prosecutor or any
£ot^^^ to off^od^r or offenders against the true intent and meaning of this Act, or on
give evidence, behalf of the person or persons accused, and will not voluntarily appear before
such justice or justices, and be examined and give ' his, her, or their evidence
concerning the premises, every such justice or justices is and are hereby
A.D. 1810. 50 George III. c. lt)8. 623
authorized and required to issue his or their summons to convene every such
witness and ^tnesses before any such justice or justices at such seasonable
time as in such summoiLS shall be fixed ; and if any person so summoned shall
neglect or refuse to appear at the time by such summons appointed, and no
just cause shall be offered for such neglect or refusal, then, after proof by oath
of Bucli summons having been duly served upon the party or parties so sum-
moned, every such justice and justices is and are hereby authorized and
requii*ed to issue his or their warrant under his hand and seal or their hands and
seals to bring every such witness or witnesses before any such justice or
justices ; and on the appearance of any such witness or witnesses before any such
justice or justices every such justice or justices is and are hereby authorized and
empowered to examine upon oath every such witness ; and if any such witness
on his or her appearance or on being brought before such justice or justices
shall refuse to be examined on oath concerning the premises without ofiering
any just cause for such refusal, any such justice or justices within the limits
of his or their jurisdiction may by warrant under his hand and seal or their
hands and seals commit any person or persons so refusing to be examined to
the public prison of the county, riding, division, city, liberty, or place in which
the person or persons so refusing to be examined shall be, there to remain for
any time not exceeding fourteen days nor lass than three days as any such
justice or justices shall direct
X. And be it also enacted, that in case any person against whom a warrant if offenders go
shall be issued by any justice or justices of the peace for any offence against ^^J®****® ^^J. ^
this Act shall go into, I'eside, or be in any other county, riding, division, city, justioes of suoh
liberty, town, or place out of the jurisdiction of the justice or justices who ma^'i^k"^.
shall have granted any such warrfint or warrants as aforesaid, it shall and may rants, and
be lawful for any justice or justices of the peace of the county, riding, division, ^nj^ appre^*^"
city, liberty, town, or place into which such offender or offenders against this bended them-
Act shall go or be to indorse his or their name or names on such warrant them'to^a ju»L
(proof being first made on oath of such warrant having been signed by such ^ce within
other justice or justices), and every warrant so indorsed shall be sufficient uon^e'offence
authority to all persons to execute such warrant in such other county, riding, ^^ committed,
division, city, liberty, town, or place out of the jurisdiction of the justice or
justices who first granted such warrant, and every such justice and justices
respectively, as the case shall happen, after indorsing any such warrant as
aforesaid, may on the offender or offenders therein named being apprehended
and brought before any such justice or justices within his or their respective
jurisdictions hear and determine the matter of the complaint contained in every
such warrant, in the same manner as if such complaint had originally arose
within the jurisdiction of such justice or justices who shall have so backed any
such warrant, or may direct the offender or offenders to be carried before a
justice or justices within whose jurisdiction the offence was committed) there
to be dealt with according to law.
XI. And be it further enacted, that one moiety of all money which shall Application
be forfeited for any offence which shall be committed against this Act (and not «^ !>«»•*•*«••
herein otherwise appropriated) shall when recovered go and be paid to the
person or persons who shall prosecute to conviction any such offender or
offenders, and the other moiety thereof shall go and be paid to the treasurer of
Greenwich Hospital for the time being for the benefit of the same hospitaL
624
50 Oeobge III. c 10&
A,D. 18ia
Appeal to
quarter ses-
sions.
Form of con-
viction.
Order or pro-
ceedings not to
be quashed for
want of form.
Order of
XIL Fbovided also, and be it further enacted, that it shall be lawful for
any person or persons who shall think him, her, or themselves aggrieved by
any order or determination of any justice or justices of the peace upon aooount
of any offence committed or supposed to be committed against this Act to
appeal to. the general or quarter sessions of the peace which shall be held for
•the county, city, riding, division, or place where any such offence shall have
been committed next after the conviction of any offender or offenders for any
offence committed against this Act, the person or persons so appealing first
giving security in double the sum forfeited before such justice or justices to
prosecute such appeal with effect, and to abide by the order or orders which
shall be made on such appeal, and giving eight days notice in writing of his.
her, or their intention to appeal to the party or parties on whose prosecution
any such conviction shall be made, if there shall be so many days within the
time of such conviction and such general or quarter session, and if not thea
the party or parties who shall deem him, her, or themselves aggrieved by any
such conviction shall and may be at liberty to appeal to the next general or
quarter session but one which shall be held next after any such conviction for
the county, city, or place where any such conviction shaU be made ; and the
justices in their said general or quarter session are hereby authorized and
required to hear and determine the matter of every such appeal^ and to make
such order therein and to award such costs as to them shall appear just, and
to cause to be levied under the order of any such session the costs which shall
be awarded, together with such money as any such court of session on the
hearing of any such appeal shall adjudge to be forfeited, by distress and sale
of the goods and chattels of the person or persons who shall refuse to pay
such costs and money forfeited, and if sufficient goods or chattels of any sudi
offender or offenders cannot be met with to satisfy such costs and money for-
feited, then by distress and sale of the goods and chattels of the person or
persons who shall have become surety or sureties as aforesaid for the party or
parties who shall have so appealed.
XIII. And for the more easy conviction of offenders, be it fuiiJier enacted,
that the justice or justices of the peace before whom any person or persons
shall be convicted of any offence against this 'Act shall and may cause the
conviction to be drawn up in the following form of words, or in other to the
same effect ; (videlicet),
' X> E it remembered, that on the day of in the
* ^^ year of the reign of his Majesty King , is [or, are]
' convicted before , one or more of his Majesty's justices of the
' peace for , by virtue of an Act passed in the fiftieth year of
' the reign of his Majesty King George the Third, intituled [here insert the
* title of this Act, specifying the offence and the time and place when and
' where the same was committed, as the caseshall be} contrary to the said Act,
* [or, as the case shall be] for which offence, we [or, I] adjudge
* Given under our [or, my] hands and seals [or, hand and seal]
* the day and year first above written/
XrV. Provided likewise, and be it also enacted, that no order or proceed-
ings to be made or had by or before any justice of the ^eace in relation to the
premises shall be quashed or vacated for want of form only ; and that the
order which shall be made in the premises by the justices at their general or
A.I>. 1810. 50 George III. c 108, 112. 025
quarter session of the peace as aforesaid shall be fixial ; and that no prooeed- jngtioen to be
iDgs of any such justice or justices out of session, or in their said general or ^i*"!/*^^
quarter session in pursuance of this Act, shall be removeable by certiorari, certiorari.
letters of advocation or of suspension, or otherwise.
XY. And be it enacted, that if any action or suit shall be brought or com- TJmitariAn of
menced against any person or persons for any thiug which shall be done in ^^°"'
pursuance of this Act, every such action or suit shall be brought and com-
menced within the space of six calendar months next after any such cause of
action shall have accrued, and not afterwards, and shall be brought, laid, and
tried in the county, city, or place in which the cause of action shall have
arisen, and not elsewhere, and that the defendant and defendants in every
such action and suit may plead the general issue, and give this Act and the
special matter in evidence at any trial to be had thereupon, and that the same
was done in pursuance and by the authority of this Act ; and if the same
shall appear to have been so done, or if any such action or suit shall not be
commenced within the time before limited, or shall be laid or brought in any
\ other county, city, or place than where the cause of action shall have arisen,
then and in any of such cases the jury shall find a verdict for the defendant
or defendants ; aod upon such verdict, or if the plaintiff* or plaintiffs in any such action IVeble oonts.
or suit shall become nonsuit or discontinue liis, her, or their action after the de-
fendant or defendants therein sliall have appeared, or if on any demurrer judgement
shall be given for the defendant or defendants, then and in any of the said cases every
such defendant or defendants shall have and recover treble costs, and shall be entitled
to pursue and take such remedy for recovering of the same as any defendant or
defendants hath or have to recover his or their costs in other cases by law. {Rep.,
5 & 6 Vict. c. 97. 8. 2.J
CHAPTER CXII. ^
An Act for abridging the Form of extracting Decrees of the Court of Sesfiion
in Scotland, and for the Regulation of certain Parts of the Proceedings of
that Courtpi [20th June 1810.]
"TX^HEREAS an Act was passed in the forty-eighth year of the reign of his
^ ^ present Majesty, intituled " An Act concerning the administration of 48 Geo. s.
" justice in Scotland, and concerning appeals to the House of Lords," by *' ***'
which Act his Majesty was empowered to name and appoint, and pursuant to
which his Majesty did name and appoint, by his Majesty's royal sign manual,
certain pei^sons to make enquiries into the form of process in the Court of
Session, and to report upon various matters therein particularly set forth : And
whereas an Act was passed in the last session of Parliament, intituled " An 49 Geo. s.
'' Act to give to the persons named by his Majesty, pursuant to the said recited
*' Act, farther time for making their report or reports :** And whereas the
commissioners so appointed have made two reports to his Majesty and the two
Houses of Parliament relative to the subject matter upon which they were
directed to report : And whereas it is expedient that the mode of extracting
judicial acts and decrees of the Court of Session hitlierto in use sliould be
I* Rep., 6 Geo. 4. c. 120. s. 1., so far as inconsistent with the regulations therein
expressed ; rep., 16 & 17 Vict. c. 80. s. 24., in so far as inconsistent with the enact-
ment contained in that section.]
VOL. IV, B R
62R
50 George III. c. 112.
A.D. 1810.
Extracts of
decrees at pre-
sent in use
abolished.
•
Certain fees on
abridged forms
of extract to be
continued.
Forms of
extracts to be
observed.
Fees payable
thereon.
Forms of ex-
tract in com-
mon actions
and in advo-
cations and
suspensions.
Form of ex-
tract in pro-
cesses of ad-
judication.
Form of ex-
tract in cessio
bonorum.
Form of ex-
tract in actions
of proving the
tenor and
transumpt.
Form of ex-
tract in actions
of declarator.
Form of ex-
tract in actions
of ranking
and sale.
altered, and a more abridged form adopted, and that other regulations ahoild
be established, and amendments made in the forms of that court ; which ob&-
not be effected without the authority of Parliament : May it therefore please
your Majesty that it may be enacted, and be it enacted by the King's most
excellent Majesty, by and with the advice and consent of the lords spiritoftl
and temporal, and commons, in this present Parliament assembled^ and by the
authority of the same, that the present mode of extracting judicial acts and
decrees shall from and after the passing of this Act cease and determine, to-
gether with all the fees and dues exigible for such extracts or relating thereto :
Provided nevertheless, that the fees now payable to the lord chief clerk re^aker
and to the macers of the Court of Session, and to the keeper of the minute books
upon acts and decreets, and to the housekeepers upon abbreviates of adjudi-
cation, shall continue to be paid and payable upon the abridged forms of
extract prescribed by this Act.
XL And be it enacted, that the forms herein prescribed for the extract of
judicial acts, and decreets, and the rules and regulations made relative thereto,
shall from and after the passing of this Act be observed in all cases, whetiier
of actions and processes at present or then depending or which may in future
come into court, or of those which, although finished, have not been taken out
of court by a final extracted decree ; and the fees and dues hereby made pay-
able in the case of extracts, and no other, shall from and after the passing oi
this Act be the fees and dues payable for such extracts.
III. And be it enacted, that in actions for payment or performance or such
other common proceedings, and in processes of advocation or suspension, the
extract of the decree shall from and after the passing of this Act be in the
form appearing from schedules (A) (B.) (C.) (D.) and (R) hereunto annexed
respectively.
lY. And be it enacted, that in processes of adjudication, the extract of the
decree shall from and after the passing of this Act be in the form which has
heretofore been used for the abbreviate of the adjudication in case a decree
shall be' pronounced for the adjudger ; but where the defender is assoilzied,
the extract shall be in the form herein-before directed to be used in the case of
decrees of absolvitor.
y. And be it enacted, that in actions of cessio bonorum, the extract of the
decree shall be in the form at present used for the abstract in decreets of cessio,
with an addition thereto of the names of all the creditors cited.
YI. And be it enacted, that in actions of proving .the tenor and transumpt,
the extract shall contain a copy of the deed proved or transumed, with ihe
judgments pronouoced by the court, reduced into the form of what is at pre-
sent termed the grand decemiture, in cases where decree shall be pronounced
in favour of the pursuer ; and in cases where the defender shall be assoilzied
the extract shall be in the form herein-before prescribed in decreets of ab-
solvitor.
YII. And be it enacted, that in actions of declarator, the extract of the
decree shall contain the conclusion of the summons and the judgments pro-
nounced by the court, reduced into the form of the present grand decemiture.
YIII. And be it enacted, that in actions of ranking and sale the following
regulations shall be observed ; first, the extract of the act and commission 6ff
proving the value of the subject to be sold shall be in the form appearing fiom
A.D. 1810. 50 Geobgb IIL e. 112. 627
schedide (F.) hereunto annexed ; secondly, the extract of the decree of sale
shall be in the form appearing from schedule (G.) hereunto annexed ; thirdly,
the extras of the decree of ranking shall be in the form appearing from sche-
dule (H.) hereunto annexed ; fourthly, the extract of the decrees of division
ahall be in the form appearing from schedule (I.) hereunto annexed ; fifthly,
tbere shall np longer be any extract of the decreet of certification in a process
of raaking and sale, nor any act of roup pronounced, nor consequently any
^xtxact thereof, the letters of publication now in use rendering such acts un-
necessary, but the extract of letters of publication shall be continued in their
pvesent form.
IX. And be it enacted, that in actions of proving the tenor and of reduction Jn certain ao-
no act shall henceforth be pronounced, and in actions of improbation acts for h^fortiMo
first and second terms shall be discontinued. ^ pronoonced.
X. And be it enacted, that in all other cases not herein particularly Formofex-
4e8cribed» whether arising upon summons, bill, or petition, or petition and ^^^otpar-
oomplaint, the extract of the decree shall be according to the forms herein ticnUrly pro.
set forth, with such variations as the nature of the case and the form of the
application may necessarily require.
XI. And be it enacted, that where an appeal shall be taken to the House In appeals to
of Lords, a full copy of the printed papers given into the Court of Session certified copies
certified by one of the principal clerks of session, together with copies so of proceedings
certified of such interlocutors and minutes of the court as shall have been -^ eridence.
pronounced or framed subsequent to the date of the last of these printed
papers, shall and may be received in evidence in such and the like manner as
extracts of the whole proceedings are at present.
XII. And be it enacted, that no record copy, as it is termed, shall hence^ KoreooTdcopy
forth be made ; but at the expiration of five years after the date of the final ^ ^ ""*^ *
decree or last proceeding in that court each process with all the steps of Proceeding to
proceeding in it and productions not taken up by the parties shall be trans- ^^ ^^* re-
mitted to and lodged in the general register house under the custody of the ginter home.
lord derk register of Scotland ; and duplicate shall be made of all extracts of Daplicate« of
decrees in the form herein prescribed, for which no fees shall be exigible ^^S^^f^
except the ordinary charge for copying paid for copying at the time in the clerks, and
Court of Session, which duplicates shall from time to time be bound up in f^^ fiiti'de^
convenient volumes, and after remaining: not more than five years after the creet shall be
date of the final decreet in the ofiice of the clerk wherein such duplicates shall general legis-
have been made, shall at the expiration of that period be r^ularly transmitted ^^^ ^^oxiae,
to the said general register house.
{XIII.^} And be it enacted, that the offices of extractors in the Court of OAce of
Session as heretofore constituted shall be abolished, and the six assistants of ^^hed
the principal clerks of session shaU prepare the abridged forms of extract
herein directed to be observed ; each assistant executing that duty in such Assistant
processed as belong to the department or closet of the principal clerk under ^*5to*Di«PMe
whom he acts, or the corresponding depute clerk in the outer house. extracts.
{* So much of this Act as proyides that the six assistants of the principal clerks of
session shall prepare the abridged forms of extracts herein directed to be observed^ and
ss provides salaries to such six assistants in respect of the preparation thereof, rep.,
14 2 Geo. 4. c. 38, s. 17.J
628
50 George III. c. 112.
A.D. 1810.
Fees of clerkn
assistants to be
continued, but
no fees or
salaries to be
paid for ex-
tracts but those
herein allowed.
Salaries to be
paid quarterly
out of the fee
fund.
The dues of
court specified
in schedule to
form the fee
fund.
200/. per ann.
to be paid out
of the fee fund
for defraying
the expence of
office rooms.
The present
dues of court
to be abolished
and instead
thereof the
dues specified
in schedule
shall be taken
and collected
by a collector
to be appointed,
who shall also
receive the
clerks of ses-
sions* propor-
tion of regis-
tration fees.
{XVI.^J And be it enacted, that tbe said assistants of the clerks shall ud
may continue to receive the fees to which as such assistants they are at
present or may in future be entitled ; but in their character of extraction
according to the new forms hereby established they shall be entitled to no fee
whatever except the ordinary charge for copying paid for copying at the time
in the Court^ of Session ; neither shall the principal clerks or the depute clerks
of session be entitled to any fees whatever ; but declaring that the said deika
and the said assistants of the principal clerks in their character of extractors
shall be paid the following salaries, videlicet ;
{XVII.*1 And be it enacted, that the salaries herein-before provided shall
from and after the passing of this Act be payable quai*terly out of the fee
fiind hereby established, and if such fund shall at any time be insufficient for
the payment of such salaries, the deficiencies shall be supplied in the same
maimer with the salaries payable to the judges of the Court of Session out of
the monies which by several Acts made in the seventh and tenth years of the
reign of Queen Anne were charged or made chargeable with the fees, salaries,
and other charges allowed or to be allowed by her Majesty, her heirs or
successors, for keeping up the Courts of Session, Justiciary, and Exchequer in
Scotland.
XVIII. And be it farther enacted, that for the purpose of raising such fee
fund the fees specified in the schedule hereunto annexed, intituled " Dues of
'' Court,*' shall be payable and exigible upon and for the several matters
therein contained.
XIX. And be it enacted, that the sum of two hundred pounds sterling per
annum shall be paid out of such fee fund to tlie order of the principal clerks
of session for defraying the expence of the office rooms of tbe whole principal
and depute clerks of session, and all other charges and expences connected
therewith ; and the said principal clerks shall be bound and obliged to keep up
and defray the expences of such ofiice rooms, and to defray all such other
charges and expences accordingly.
XX. And be it enacted, that the dues of court at present payable to the
clerks of session and the present office of collector of the clerks dues shall be
and the same are hereby abolished ; and the dues mentioned in the said
schedule shall be collected by a collector appointed by the lord president of the
college of justice {Rep., Stat. Law Rev. Act, 1872 (No. 2,)l, holding his office ad
vitam aut culpam, who shall discharge his duty by personal attendance in
court or in the collector s office during office hours, and by marking upon each
paper that the proper dues or fees had been received of the date marked,
without which marking no principal clerk or depute clerk of sessions, lords
clerk, or clerks assistant shall receive any such paper into process ; and such
collector shall further demand and receive once a month or oftener from the
keepers of tbe registers respectively, who shall be bound to pay to him, tbe
proportion which the clerks of session have been in use to receive of fees paid
upon registration, and upon extracts of deeds and instruments recorded in the
{* So much of this Act as provides that the six assistants of the principal clerks of
session shall prepare the abridged forms of extracts hemn directed to be observed, and
as provides salaries to such six assistants in respect of th^ preparation thereof, rep.}
1 & 2 Geo. 4. c. 38. s. 17.]
A.D. 1810. 50 George III. c 112. 629
books of council and session ; and all such fees shall form part of the fee ^^^^.^ ^
fond hereby established. fee fond.
XXI. Provided always, and be it enacted, that such fees paid upon i-e- Fees ou regis-
• A .' 1 /.Ti 1.. . jj'xi- tratioD, &c. in
gitftration and upon extracts of deeds and instruments so recorded in tne other respects
books of council and session shall remain in other respects as at present. ,^ remain as
* * at present.
XXIL Provided always, and be it hereby enacted, that such collector shall coUector of
be responsible for every person whom he may have occasion to empower ^^J^^^J^
to act for him in his absence, and for every clerk and person employed by himself and
him in the business of such collection, and shall find security for their as **'* <leputie8.
well as his own intromissions.
XXIII. And be it enacted, that such collector shall fui*ther keep regular ^"^^^^*^
and distinct books for enteiing the fees and dues of court separately of the for entering
dates on v^hich they are received, with the mai'k of the clerk's office, names of ***® ^^*"'
the parties, and the step of the proceedings upon which the same is paid,
which books shall be open at all reasonable times for the inspection 'of the
judges, the auditor of the court, and the principal clerks of session ; and such ^^^^^^^JJ^,^
collector shall at least once in every week lodge all monies so paid to him with iuto the bank.
the Bank of Scotland or the Royal Bank of Scotland, the interest received
from which banks respectively shall make part of the fee fund hereby g^j^^^^^ j^ ^^
established, out of which such collector shall pay the salaries herein directed paid thereout.
to be paid by means of such fees and dues ; and if upon the thirty-first day of Ho'j ^^^^
December in any year any balance shall remain upon such account, such j^g^^ ^f,
balance shall be paid to the person or persons authorised to receive the said
monies which by the said Acts made in the seventh and tenth years of the
reign of Queen Anne were charged or made chargeable with the fees, salaries,
and other charges allowed or to be allowed for keeping up the Courts of
Session, Justiciary, and Exchequer in Scotland as aforesaid.
XXIV. And in order to check the accounts kept by such collector, be it Books to be
enacted* that books shall bo kept by the respective clerks, of court of each ofconrt, shew-
office, shewing the dues of court which according to the schedule hereunto ing what fees
annexed have or should have been received in each process under their been received.
charge on the several steps of that process on which such dues are payable ;
and such collector shall render his accounts at least twice in every year to , Collector's
any accountant to be named by the president of the college of justice ; or if audited and
no such accountant shall be named, to the auditor of court, who shall compare ^^"JfJJ**! ^^^^
and examine the same with the books so kept by the clerks aforesaid, and
make his report thereupon to the court.
XXV. And be it enacted, that such collector shall receive a remujicration Collector to be
for his trouble by a rate payable out of the said dues of four pounds per J*^^ ^^^^
centum upon the amoimt thereof received by him. trouble.
• • • • •• • • •
XXVIII. And be it enacted, that all causes not exceeding the value of Certain canses
tWenty-five pounds sterling shall from and after the passing of this Act be yj^^e iu^or
carried on in the fii-st instance before the inferior judges, in the manner judges,
directed and with the exceptions specified in an Act passed in the third
session of the second parliament of his Majesty King Charles the Second,
intituled " Act concerning the regulation of the judicatories."
630
50 George III c. 112.
A.D. 1810.
Pemuoieiit
lords ordinary
appointed,
to hear caases
in outer houee.
Lords ordinary
to administer
oaths and ex-
amine wit-
nesses*
XXIX. And whereas it would facilitate the dispatch of busiiiess in tiie
Court of Session if the duty of the outer house were done by a certaiQ numbet
of the ordinaty judges officiating there in a more permanent manner than the
present weekly rotation among the whole: Be it enacted, that the ihm
junior ordinary judges of the first division of the Court of Session and tiifi
two junior ordinary judges of the second division shall be relieved fe)m
attendance in the inner house, and shall from and after the passing of this
Act not sit therein, but shall sit as lords ordinary in the outer house to
perform the business of the outer house ; (that is to say,) two of the said
judges, one of each division, shall officiate each wee& in the outer house for
hearing causes in the rolls of suspensions, advocations, regulations, and ordinary
actions; and such junior judges of either division shall officiate as lords
ordinary, according to the rules and forms of proceeding for the time observed
in processes depending before lords ordinary.
XXX. And be it enacted, that this regulation concerning ordinaiy judges
in the outer house shall include the duty of administering oaths and ex-
amining witnesses, but shall not extend to the bill chamber, in which the
business shall continue to be done as at present by all the ordinary judges
in rotation.
Qawnm of
inner honse.
Other judges
relieved from
attendance in
outer house.
Grounds for
allowing bills
of advocation
from inter-
locutory judg-
ments of the
commiBsarjr
court.
Bills of suspen-
sion frt>m &e
Adsuralty
Court in mari-
time causes
to be printed
and reported ;
in mercantile
causes tobe
regulated
in manner
herein-after
prescribed.
Grounds for
allowing bills
of advocation
from interlo-
cutory judg-
ments of the
sherifBi and
other inferior
judges.
XXXII. And be it enacted, that so soon as five junior ordinary judges shall
officiate as permanent lords ordinary in the manner herein directed, three
judges in either division shall be a quorum in the inner house ; and the other
judges of the Court of Session shall be relieved from attendance in the outer
house and from performing the duties of lords ordinary therein.
XXXIIL And be it enacted, that bills of advocation from interlocutory
judgments of the Commissary Court shall be allowed only on th^ ground of
contingency and incompetency, including incompetency in the mode of proofs
and in this last case only with leave of the Commissary Court ; and no biUs of
advocation from the Commissary Court shall be allowed from interlocutoty
judgements upon grounds of iniquity or error, but shall be competent only
after final judgment before extract.
XXXIV. And be it enacted, that bills of suspension jfrom the Admiralty
Court in maritime causes shall, if not refused without^answers, be in all cases
ordered to be printed and reported to either the first or the second division of
the Court of Session ; and if any such bill of suspension shall be presented in
time of vacation, and the lord ordinary on the bills shall not see cause to refuse
the same without answers, he shall sist proceeding until the meeting of the
court, to whom the same with the answers shall be then reported.
XXXV. And be it enacted, that bills of advocation and suspension from the
Admiralty Court in mercantile causes shall be regulated in the manner herein^
after prescribed in the case of advocations and suspensions from the judgements
pronounced by sheriffs and other inferior judges.
XXXVI. And be it enacted, that bills of advocation fi-om the sheiiffs and
other inferior judges in Scotland against interlocutory judgements shall be
allowed only upon the following grounds ; first, of incompetency, including
defect of jurisdiction, personal objection to the judge, and privilege of party;
secondly, of contingency ; thirdly, of legal objection with respect to the mode
of proof, or with respect to some change of possession, or to an interim decree
N.
A.D. 1^10. 50 George IIL c. 112. 631
for a partial payment, provided that in the cases specified under this third
head leave is given by the inferior judge. Such bills on
XXXVII, And be it enacted, that bills of advocation from such inferior ^^n^^^to
shall not in any case be received against interlocutory judgements upon be receiyed
grounds of iniquity or error, but only after final judgement shall have been j^Swyjudg-
pronOUZlCed. ments, but
XXXVIII. And be it enacted, that in cases where final judgement shall j^^entsoniy.
have been pronounced no written answer to a bill of advocation or suspension Bills of adro-
from such inferior judges shall be received, but in all such cases, wheth^ the ^^j^'g^^'
cause is brought before the Court of Session by advocation or suspension, the judgments of
bill shall be passed without answers upon caution being found in the same tSlte*iMu»ed*^
manner in which caution is found in bills of suspension at present ; save and without an-
except in cases where upon the face of the bill itself it shall appear that it ti^^foj^a***'
ought to be refused, and in every such case it shall be refused accordingly. unless it ap-
pears on the
* * * * * * * * * bill that it
XL. And be it enacted, that bills of advocation and suspension from inferior ^^^ ^
judges^ when passed as above directed, upon being expede or upon a remit ^^ ^f advo-
from the court, shall be inrolled in the roll of advocations and suspensions in cation and sus-
the outer house ; and the lords ordinary in the outer house and the judges in S^^or judges
the inner house shall have the same power in evety case of suspension which '^^^ pasaed
they now have- in cases of advocation to remit to the inferior judge with ceeded in.
instructions.
XLI. And be it enacted; that bills of suspension and int^xlict shall with Bills of sofl-
respect to caution remain as at present, and the lord ordinary may grant ^^^ct?°
interdict therein after advising the same with or without answers, but no
teplies or dnphes shall be allowed : Provided nevertheless, that the lord
ordinary upon the bills may if he thinks proper hear potties viva voce before
fpmnting or refusing the interdict.
XLII. And be it enacted, that in bills of suspensions of charges or threat- Bills of su«-
ened charges on bonds, bills of exchange or promissory notes, contracts, J^^on
decreets arbitral, or other instruments registered for execution, and in the bonds, &c.
Case of bills of suspension of decrees of removing, the proceeding shall be as
at present^ save and except that no replies or duplies shall be allowed, but
the lord ordinary oh the bills, may if he thinks proper hear parties viva voce,
and may pass or refuse the bills with or without answers.
XLIII. And be it enacted, that in bills of suspension against decrees pro- Bills of saspen-
nounced by the Court of Session in foro no replies or duplies shall be allowed, cJ^^SfConrt"
and in sudi cases the extracted decree shall be produced with the answers. of Session
in foro.
XLVIII. And be it farther enacted, that the fees specified in the schedule !?'««* ©^ auditor
hereunto annexed, intituled " Rate of fees payable to the auditor of court,** and
no other, shall be payable to and exigible by the auditor of court, such fees^ in
the event of there being an auditor for each division, being divided equally
between the two auditors.
LI. And be it enacted, that fees demandable by writers to the signet for Fete demand-
signet letters, and for proceedings in the service of heirs before the macers of to the signet
the Court of Sessions, shaUf be the fees (and no others) appearing from the f***" ^^^^ ^*^:
632 ' 50 George III. c. 112. A.D. 1810.
of heirs before schedule hereunto annexed, intituled " Table of fees of ordinary signet letU^
inacers. „ ^^^ ^^ ^£ Service before the macers," respectively.
Contento of a LIT. And be it enacted, that every sheet charged for by any pi*actitioner in
^ordB. ^ ^^^ Court of Session shall be calculated at the rate of three hundred words to
the sheet ; but if any such instrument shall contain fewer than three hundred
words the same shall be charged at the rate of a sheet ; and if after finding the
sheet or sheets which any such instrument shall comprise, calculated at the
rate aforesaid, any number of words less than three hundred words shall
remain 5 such fewer words shall be charged as a sheet.
SCHEDULES to which this Act refers.
Schedule (A.)
Form of Extract of Decreet in an Ordinary Action for Payment of Debt.
At Edinburgh, the day of , sitting in judgment the
lords of council and session, they decerned and ordained and hereby decern
and ordain defender to make payment to pursuer of the
sum of sterling of principal contained in and due by the bond bill
or other document or claim founded on in the libel [which must be shortly
mentioned by date or otherwise, as expressed in the judgment of the court] or
due in manner libelled on.. Item^ of the lawful interest of said sum from and
since the day of till payment ; and of the sum of
of expences found due, and of the sum of sterling further as the
expence of extracting this decreet; anil ordain letters of homing on a charge
of fifteen days, and all other execution to pass hereon in form as effeirs.
Extracted by me, one of the principal clerks of session.
In Cases of Decrees in Absence.
The form will be the same as in the above, with the addition of the words
" in absence " before the word " decerned," with such alteration in regard to
expences as the circumstances of the case may requii'e.
Schedule (B.)
Form of Decreet of AssoLvrroR in an Ordinary Action for Payment of Debt
At. Edinburgh, the day of > sitting in judgment the
lords of council and session, they assoilzied and hereby assoilzie simpliciter
defender from the whole conclusions of the summons and action
insisted in before the said lords at the instance of against the said
defender for payment of the sum of sterling, alleged to have beea
due by the defender to the pmrsuer by the bond bill' or other document of debt
or claim mentioned in the libel [which it will be necessary to refer to by date
or description], and decerned and ordained, and hereby decern and ordain the
said pursuer to make payment to the said defender of the sum of
[here insert the sum of expences^ if sdch are found due by the judgment of
A.D. 1810. 50 Gboboe IIL e. 112. 633
tJie oonrt]. Item, of Uie sum of further as the expence of extracting
this decreet ; and ordain letters of homing on fifteen days charge, and all
other execution to pass hereon in form as efieirs. Extracted by me, one of
the principal clerks of session.
Schedule (C.)
Form of Extract in an Adyggation where the Cause is remitted simplidter.
At Edinburgh, the day of , sitting in judgment the
lords of council and session in the process of advocation insisted in at the
instance of against complaining of an interlocutor
of the sheriff depute of dated the day of last,
the said lords remitted and hereby remit the said action and cause simpliciter
to the said sheriff depute, to the end he may proceed and administer justice
therein to the final issue and conclusion thereof; and further decerned and
ordained, and hereby decern and ordain the said advocator to make
payment to the said defender of the sum of sterling of
expences, and of the sum of ^ as the expence of this Act, and remit
and decreet and ordain letters of homing on fifteen days charge, and all other
execution to pass hereon at the instance of the said defender against
the said advocator for payment of these sums accordingly in form
as effeirs. Extracted by me, one of the principal clerks of session.
In cases of a remit with instructions.
The form will be similar to the above, but reciting the instructiona
Schedule (D.)
Form of Extract in a Suspension where the Letters are found orderly
proceeded.
At Edinburgh, the day of , sitting in judgment tiie
lords of council and session, in the process of suspension insisted in at tiie
instance of against complaining of having been charged
or threatened to be charged to make payment to the said of the
sum of sterling of principal contained in and due by the bond bill
or other document mentioned in the letters [which must be shortiy described
by titie and date] and of the interest thereof, the said lords found and hereby
find the letters and charge to be orderly proceeded, and decerned and ordained,
and hereby decern and ordaiti the same to be put to further execution, and
fUiih^r decern and ordain the said su^>ender and his cautioner
in the said suspension conjunctiy and severally to make payment to the
said charger of the aforesaid sum of sterling of
principal ; item, of the lawful intei-est thereof since the day of
when the same fell due till payment, and of the sum of
sterling of expences found due by the said suspender to the said charger for
wrongous suspending ; and of the sum of further as the expence
686 50 George 111. c. 112. AD. 1810.
some procedure had been taken in the action before the lord as
ordinary thereto, the said lords of council and session of the date beroof
ranked and preferred, and hereby rank and prefer, &a [here the words of ihe
interlocutor of ranking to be verbatim engi*ossed] ; and ordain all letters a&d
execution necessoiy to pass and be direct hereon in form as effiiirs. Extracted
by me, one of the principal clerks of session.
Schedule (I.)
Form of Extract of , Decreet of Division.
At Edinburgh, the day of , in the process of ranking
and sale raised and insisted in before the lords of council and session, at ihe
instance of against ^ and the following persons bis
creditors, videlicet [here recite the ndmes of the creditors cited], concluding
that the lands and estates, &c. [here describe the subjects shortly] belonging
to the said should be sold under authority of the court, and tbe
rents and prices thereof divided among his creditors conform to their respec-
tive rights and diligence affecting the same, after the aforesaid ^subjects had
been sold, and a decreet ranking, tbe creditors pronounced and extracted:
The said lords of council and session of the date hereof approved and hereby
approve of the scheme of division of the rents and prices of the said subjects
made up and reported by accomptant in Edinburgh ; and in terms
thereof decerned and ordained, and hereby decern and ordain tbe
purchaser of the said subjects to make payment of the sum due by him,
extending of principal and interest at the term of to the sum of
sterling, in manner following, videlicet [here take in that pait
of the accomptant's scheme which allocates the price, and in case the factor
has any balance in his hands the allocation of that balance must also be
inserted] ; and ordain letters of homing on fifteen days charge and all other
execution necessary to pass and be direct hereon in form as effeirs. Extracted
by me, one of the principal clerks of session.
SCHEDULE,
Du£s OF Court.
Summonses.
£ e. I
In lieu of the present fee or dues of court, on tabling of summonses,
there shall be i>jiid on every sumnrons the sum of - - 1 0 0
Suspensions and Advocations.
I'o pay the like fee of one pound each - - - - 1 0 0
Original of Summary Applications by Petition, &c.
Original petitions, and petitions and complaints, or any Other sum*
inaiy application, by which a cause comes in the first instance
before the outer or inner house, shall pay in lieu of the present
fee of four shillings and tenpence, one pound each - - 1 0 0
A.I>. 1810. 50 George IIL c. Hi 687
Defences. £ 8. d.
^All defenees inclading and comprehending the first paper or step
of process, given in for the charger in a suspension, or for the
defender, called in an advocatioD, one pound each - - 1 0 0
Answers to Summary Applications.
All answers in summary applications, each one pound • - 1 0 0
Condescendences and Answers in Outer or Inner House.
Condescendences, each ten shillings - - - -0100
Answers to ditto or counter-condescendences, each ten shillings - 0 10 0
Amendments of Libel or additional Defences or Supplementary
Condescendences or Answers.
£ach one pound - - - - - - -100
Representations and Answers.
Representations to pay ten shillings each - - - - 0 10 0
Answers to pay five shillings each - - - - -050
Minutes.
Each minute ordered by the lord ordinary or court to be given in
in the inner or outer house to pay five shillings - - - 0 5 0
Every answer, five shillings 0 5 0
Memorials or Informations.
Memorials or informations either in the inner or outer house to pay
ten shillings each - - - - - -0 10 0
Petitions, Reclaiming or Incidental, and Answers.
All petitions and answers (other than original or summary applica-
tions as above) in lieu of the present fee of four shillings and ten-
pence to pay ten shillings each - - - - -0 10 0
Prepared States.
£ach party in place of the present fee on healings of nine shillings
and eightpence to pay one pound - - - - 1 0 0
Replies and Duplies.
Replies and duplies in^the inner or outer house to pay each one pound 10 0
Notes.
All notes to the lord president printed or written five shillings each 0 5 0
Depositions of Witnesses or of Parties.
Depositions of witnesses or of parties, whether in presence of the
court or on commission, in lieu of the present fee to the clerks of
session to pay each two shillings - - - - 0 2 0
640 50 George III. c. 112. A.D. 1810.
Bills of suspension and of advocation^ when drawn by a writer io £ i d.
the signet :
First sheet - - - - • -060
Every other sheet - - - - - -040
Letters of suspensions and advocations, when expede by the writer
to the signet who drew the bill :
For the formal part, per sheet' - - - - 0 4 0
For every other sheet, for writing and expeding the letters - 0 1 0
When the bill is drawn by another person :
For the formal part, per, sheet - - - - 0 5 0
For every other sheet - - - - -020
Fees of Service before the Macers to the writer to the Signet, as clerk to the
service, without prejudice to other proper charges relative to making up
the Title.
For the bill for commission, acts and minutes of court, commissions
to proclaim brieves, &c.
First sheet ------
Every other sheet - - - - -
For claim :
First sheet ------
Every other sheet --..--
For the retour :
First sheet ------
Every other sheet - - - - -
As^derk to the service :
When the lands are below .£^400 valued rent -
Amounting to £ 400 and below <f 700
£ 700 and below jP 1,000*
£1,G00 and below jei,500
— ^dPl,500 and upwards
• 0 6
• 0 4
0
0
- 0 10
- 0 6
0
0
- 1 0
- 0 12
0
0
- 4 4
- 5 d
- 7 7
- 8 8
- 10 10
0
0
0
0
0
.A.D. 1811. 51 Geobge III. a 36. 641
51 GBOEGE III. A.D. 1811-
STATUTES MADE AT THE PARLIAMENT
Beottn and holden at Westminster, the Twenty-second Day op June,
A.D. 1807,
In the forty-seventh Year op the Reign op
King GEORGE the Third,
And prom thence oontinxted by several Prorogations to the
Fifteenth Day op January, AD. 1811,
Being the Fifth Session op the Fourth Parliament of the United
Kingdom op Great Britain and Ireland.
CHAPTER XXXVL
An Act to facilitate the Execution of Justice within The Cinque Porta J^J
[26th May 1811.]
~ \\r HEREAS different parishes, hamlets, districts, or vills form part of the
^^ liberties of the cinque ports, some whereof are situate at a considerable
distance from the port or town of the liberty whereof they respectively form
part : And whereas the mayor or bailiff, and jurats, or by whatsoever name
or names they are or have been called, of each of the said cinque ports have
from the time whereof the memory of man is not to the contrary held, exer-
cised, and enjoyed jurisdiction in all matters relating to the office and duty of
justice of the peace within and throughout the liberties of the respective port
or town whereof they are or have been mayor, bailiff, or jurat, or by what-
soever name or names they are or have been called: And whereas such
mayors, bailiffs, and jurats, or by whatsoever name or names they are or may
have been called, are and have been generally resident in the respective town
or port whereof they are or have been mayors, bailiffs, or jurats respectively,
and none or an insufficient number of them within or near unto the parishes,
hamlets, districts, or vills forming part of the liberties of such ports : And
whereas the number of jurats, or by whatever names or name they are or
may have been called, is in each of the said towns and ports limited and
insufficient to afford a competent number of them to be resident at various
places within and throughout the whole of the liberties of their respective
' ports, to act as justices of the peace therein, by reason whereof great incon-
veniences and many defects of justice have frequently arisen and are likely
hereafter to arise to his Majesty's subjects residing within and frequenting
such parishes, hamlets, districts, or viUs, unless provision be made for remedy
{* Rep., 18 ft 19 Vict. c. 48. s. 6., from and after the day fixed in such order of her
Majesty in Council as in that Act mentioned, or from and after the granting of each
charter of incorporation as in that Act mentioned, so far as concerns or affects the
parishes or places named in such order, or, in case of a charter of incorporation, the
part thereof comprised in such charter.}
VOIi. IV. 8 S
642
51 Geoboe III. a 86.
A.D. 1«11.
His Majesty
maj appoint
justices of the
peace within
the liberties
of the cinque
ports-.
Limiting the
jurisdiction of
such justices.
thereof : And whereas it would tend to the redress of such inconvenienceB
and defects, and would greatly conduce to the due, prompt, and effectual
administration of justice, and execution of divers Acts of Parliament passed
and hereafter to be passed, and to the better preservation of the peace within
and throughout the said parishes, hamlets, districts, and vills, if proper persons
resident within or near unto the said parishes, hamlets, districts, and vills
were constituted justices of the peace within and throughout the same, and
invested with the same power and authority within the same as doth now
or at any time did appertain or belong to any mayors, bailiffs, or jurats, or by
whatsoever other name or names they are or may have been called, of any
cinque port to exercise within the same : Be it thei^re enacted by the Ein^s
most excellent Majesty, by and with the advice and consent of the loids
spiritual and temporal, and commons, in this present Parliament assembled,
and by the authority of the same, that from and after the fifth day of July
one thousand eight hundred and eleven, it shall and may be lawful for his
Majesty and his successors. Kings and Queens of this realm, from time to time,
and as often as occasion shall require, to direct a conunission or conmiissions
to be prepared and issued under the great seal of the United Kingdom of
Great Britain and Ireland, to be directed to certain persons to be named in
such commission or commissions, constituting them to be justices of the peace
and each of them to be a justice of the peace within and throughout the
liberties of the cinque ports, and investing them and each 'of them with the
same power and authority as doth now or at any time did appertain or belong
to any mayor, bailiff, or jurat, or by whatsoever other name or names they
are or may have been caUed^ to exercise within the liberties of the port or
town whereof they were or are mayor, bailiff, or jurat, or by whatsoever other
name or names they are or may have been called ; and that from and after
such commission or commissions shall have so issued all persons and every
person named in any such commission or commissions . shall be and they and
each of them are and is hereby declared to be justices and a justice of the
peace within and throughout the liberties of the cinque ports, and invested
with the same power and authority within and' throughout the same as doth
now or at any time did appertain or belong to any mayor, bailiff, or jurat, or
by whatsoever other name or names they are or may have been called, to
exercise within the liberties of the port or town whpreof they are or were
mayor, bailiff, or jurat, or by whatsoever oth^r name or names they are or
may have been called ; any prescription, usage, charter or charters, law or
laws to the contnuy in anywiBe notwithstanding.
II, Pbovided always, and be it hereby further enacted, that no person or
persons to be nanaed in any such commission or commissions shall be thereby
or by this Act authorized or empowered to grant licences or certificates for
licences to any victualler resident within any liberty belonging to any cinque
port, ancient town, or corporate town, or to act at or in any general or
adjourned session to be holden in or for any of the cinque ports, two ancient
towns, or the corporate towns herein-after mentioned, or to sit, hear, or deter-
mine or vote upon any matter or thing which shall or may be brot^ht before
any general or adjourned session to be holden .in or for any of the daque
ports, two ancient towns, or the corporate towns hei^in-after mentioned, or to
A.D. 1811. 51 George III. c. 36. 648
ait, hear, or determine any matter or thing or do any act as justices or justice
of peace ^rithin or with regard to any matter or thing which shall happen,
arise, or fall out within the towns of Hastings, Sandwich, Dover, New Rbnmey,
or Hytibe^ or any or either of them, or within the ancient towns of Rye or
Winchelsea, or either of them, or within the corporate towns of Pevensy, Sea-
ford, Lydd, Folkestone, Feversham, Fordwich, Tenterden, or Deal, or any or
either of them, or to .daim or challenge or have any power, pre-eminence, or
authority within any of the said towns, ancient towns, or corporate towns,
or any right, privilege, franchise, or immunity belonging or appertaining to
any member of the corporation of the said towns, ancient towns, or corporate
towns, any or one of them.
III. Fbovided always, and be it hereby further enacted, that no person or Qaaiification
persons to be named in such commission or commissions shall be thereby or by i^^**^ ^^
this Act authorized to act as a justice or justices of the peace imless he and
they ahall have such qualification respectively as would entitle him and them
respectively to act as a justice or justices of the peace for any county in England,
and unless he and they shall respectively have taken and subscribed the oaths
and deUvered in at some general sessions to be holden in and for some one of
the cinque ports the certificate respectively required to be taken and subscribed
and delivered in by persons qualifying themselves to act for counties in England.
IV. Provided also, and be it hereby enacted, that it shall and may be law- "^^^^^^J^^
fbl for all persons named in such conunission or commissions who shall have in tbeir own
duly qualified themselves as herein-after directed to act as justices of the peace ^^T'^uf^*^
within their own houses or places of residence, although the same may not be withmthe
ffltnated within the liberties of the cinque ports ; and that all acts which shall ^^^^^^
be so done by such justices within their own houses or places of residence shall
be good, valid, and effectual to all intents and purposes as the same would have
been if the same had been done by such justices within the liberties of the
cinque ports.
V. Anb be it further enacted, that from and after the fifth day of July one ^^^^J^ ^^
thousand eight hundred and eleven all and every the justices and justice of Essex to act 4ii
the i)eace for the county of Essox shall have full power and authority to do all BrightUngMa.
and every act and to hear and determine all matters and things, competent for
a justice or justices of the peace to do, hear, or determine, in respect of any
matter or thing arising within or relating to the parish of Brightlingsea, in the
said county of Essex, and also to grant licences or certificates for licences to all
viettuillers resident within the said parish of Brightlingsea, as he or they would
or might have in case the said paxish of Brightlingsea was to all intents and
purposes part of the said county of Essex, and was not and had not been
annexed to or did not form or had not formed part of the liberty of the town
and port of Sandwich aforesaid.
VL AiTD be it hereby further enacted, that from and after the fifth day of ^^^^^^
July one thousand eight hundred and eleven the coroners for the county of ooffoizance
Essex shall have cognizance of all matters and things whereof it appertainetti ^^^'^^^
to the office of coroner to have co^uzance which shall happen or fall out within
the said parish of Brightlingsea, and shall do and execute all matters and things
appertaining to the office of coroner to do and execute within the said parish
of Brightlingsea, and be paid for the same, in such and the same manner as they
ought and should have done and been paid in case the said parish of Bright-
644
51 Qeobge III. c 36.
A.D. 1811.
Maintenance,
&c. of offenders
committed to
or imprisoned
in the coont j
gaol of Bssez
from Bright-
BagMS, and
coroners'
charges, shall
be defrayed by
the overseers
of the parish
out of the
poor rate.
Saving power
of mayor, &c.
of Sandwich
to raise rates
in Brightling-
sea for other
purposes.
Justices of
the county of
Kent to act in
Beakesbonme
and Grange.
lingsea was to all intents and purposes part of the said county of Essex, and
was not or had not been annexed to or did not form or had not formed part
of the liberties of the town and port of Sandwich aforesaid.
y II. And bo it hereby further enacted, that from and after the fifth day of
July one thousand eight hundred and eleven all ofienders to be committed or
imprisoned for any offence committed within the sidd parish of Brightiingsea
shall be committed to and imprisoned and delivered at such place and places,
time and times, as they would have been committed to, imprisoned, in and
delivered at in case the said parish of Brightiingsea was part of the said county
of Essex, and that such offenders shall be maintained and kept in such place
or places, and conveyed to and from trial, at the expence of the said county of
Essex ; and that the treasurer or treasurers of the said county of Essex shall
and he and they is and are hereby respectively authorized to demand and
receive of the overseers of the poor of the said parish of Brightiingsea such som
and sums as they shall respectively pay to any coroner of the said county of
Essex for any matter or thing done by such coroner within the said pariah of
Brightiingsea, and such further sum and sums as the justices of the said county
of Essex shall at the sessions to be holden by them next after the clause of
Easter in each year determine to be double the average amount of the expence
per day of feeding and clothing a prisoner in their county gaol for each day
any offender shall be so confined or imprisoned in any place of confinement
within their county, in lieu and satisfaction of all contribution from the aaid
parish of Brightiingsea to the rate of the said county ; and the treasurer or
treasurers of the said county of Essex shall have the same remedy and remedies
for receiving and enforcing the payment of such sum and sums aa he or they
now have for recovering or enforcing the payment of the county rate firom any
parish of the said county ; and the said overseers are hereby required to pay
the same juscordingly out of the rates to be made and collected within the said
parish for the relief of the poor thereof: Provided always, that nothing herdn
contained shall extend or be construed to extend to deprive the mayor and jurats
of Sandwich to raise or levy any rate, cess, or impost they are now authorized to
raise or levy within the said parish of Brightiingsea or on the inhabitants there-
of, other than and except for any expence to be incurred for the rebuilding, sua-
tentation, or repair of any gad or place of confinement of offenders within the
said town and port of Sandwich or the liberties thereof, or in the maintenance,
dothiug, or keeping of any offenders therein, or the trials of any such offenders.
YIII. And be it further enacted, that from and after the fifth day of July one
thousand eight hundred and eleven all and every the justices and justice of the
peace for the county of Kent shall have fuU powet and authority to do all and
every act and to hear and determine all matters and things, competent for a
justice or justices of the peace to do, hear, or determine, in respect of any matter
or thing arising within or relating to the parish of Beakesboume and the hamlet
of Orange, otherwise Grench, in the said county of Kent, and also, to grant
licences or certificates for licences to all victuallers resident within the said
parish of Beakesboume or hamlet of Orange, otherwise Grench, as he or they
would or might have in case the said parish of Beakesboume or hamlet of Grange,
otherwise Grench, were to all intents and purposes part of the said county of
Kent, and were not and had not been annexed to or did not form or had not
formed part of the liberty of the town and port of Hastings aforesaid
A.D. 1811.
51 Geoboe IIL c. 36.
645
IX And be it hereby furtiier enacted, that from and after the fifth day of
July one thousand eight hundred and eleven the coroners for the county of
Kent shall have cognizance of all matters and things whereof it appertaineth
to the office of coroner to have cognizance which shall happen or fall out
within the said parish of Beakesboume or hamlet of Grange, otherwise Grench^
and shall do and execute all things appertaining to the office of coroner to do
and execute within the said parish of Beakesboume and hamlet of Grange,
otherwise Grench, and be paid for the same, in such and the same manner as
they ought and should have done and been paid in case the said parish of
Beakesboume and hamlet of Grange, otherwise Grench^ was to all intents and
purposes part of the said county of Kent, and was not and had not been
annexed to 'and did not form and had not formed part of the liberties of the-
town and port of Hastings. i
X« And be it hereby enacted, that from and after the fifth day of July one
thousand eight hundred and eleven all offenders to be committed or im-
prisoned for any offence committed within the parish of Beakesboume or the
hamlet of Grange, otherwise Grench, shall be committed or imprisoned in such
place or places and delivered at such time or times^ place or places, as they
would have been committed to, imprisoned in, and delivered at in case the
said parish of Beakesboume and hamlet of Grange, otherwise Grench, were
respectively part of the said county of Kent, and that such offenders shall be
maintained and kept in such place or places, and conveyed to and from trial,
at the expence of the said county of Kent ; and that the treasurer of the said
county of Kent or the treasurers of the divisions of the said county of Kent
shall and he and they is or are hereby respectively authoiized to demand and
receive of the overseer or overseers of the poor of the said parish of Beakesboume
or hamlet of Grange, otherwise Grench, respectively such s\mi or sums as they
shall respectively pay to any coroner of the said county of Kent for any matter
or thing done by such coroner within the said parish of Beakesbotune or the
hamlet of Grange, otherwise Grench, and such further sum and sums as the
justices of the divisions of which such treasurer shall be the treasurer shall at
the sessions to be by them holden next after the clause of Easter in each year
determine to be double the average amount of the expence per day of feeding
and clothing a prisoner in the gaol of their respective divisions for each day
any offender shall be so confined or imprisoned in any place of confinement
within such respective divisions, in lieu and satisfaction of all contribution
from the said parish of Beakesboume or hamlet of Grange, otherwise Grench,
to the mte of the said county ; and the said treasurer or treasurers shall have
the same remedy and remedies for recovering and enforcing the payment of
such sum and sums as he or they now have respectively for recovering and
enforcing the payment of the county rate from any parish of the said county ;
and the said overseer and overseers is and are hereby required to pay the
same accordingly out of the rates to be respectively made and collected within
the said parish and hamlet for the relief of the respective poor thereof accord-
ingly: Provided always, that nothing herein contained shall extend or be
construed to extend to deprive the mayor and jurats of Hastings of any power
to raise or levy any rate, cess, or impost they are now authorized to raise or
levy within the said parish of Beaksboume or the hamlet of Grange, otherwise
Coroners of
Kent to have
cognisance
within Beakes-
bonrne and
Grange.
Maintenance,
&c of offenders
committed to
or imprisoned
in the county
gaol of Kent
mm Beakes*
bourne or
Grench, and
coroners'
charges, shall
be defirayed by
the overseers
out of the poor
rates.
Saving power
of mayor, &c.
of Hastings to
raise rates in
those places for
Other purposes.
646
61 Geobge III. c 36, 87, 41.
A-D. 1811.
Grencb, or either of them, or on the inhabitants of them or either of them,
other than and except for any expence to be incurred for the reb\|ilding, sus-
tentation, or repair of any gaol or place of confinement of offenders within
the said town and port of Hastings or the liberties thereof, or in the main-
tenance, clothing, and keeping of any offenders therein, or in regard to the
trial of any such offenders.
15 Geo. 2. c. 30.
If persons
found lunatic
marry before
declared sane
by lord chan-
cellor, &o.
such marriages
shall be void.
CHAPTER XXXVII.
An Act further to prevent the Marriage of Lunatics. [3ist May 1811.]
' V\I HEREAS an Act was made in the Parliament of Great Britain in the
' ^ fifteenth year of the reign of his late Majesty King George the 'Second
to prevent the maniage of lunatics : And whereas it is expedient that ^the
provisions of the said Act should be extended to Ireland: Be it therefore
enacted by the King'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 from and after
the expiration of ten days after the passing of this Act, in case any person
who has been or at any time hereafter shall be found a lunatic by any inqui-
sition taken or to be taken by virtue of a commission imder the great seal of
Great Britain or the great seal of Ireland respectively, or any lunatic or person
under a phrenzy^ whose persoil and estate by virtue of any Act of ParUament
now or hereafter shall be committed to the care and custody of particular
trustees, shall marry before he or she shall be declared of sane mind by the
lord high chancellor of Great Britain or Ireland or the lord keeper or lords
commissioners of the great seal of Great Britain or Ireland for. the time being
or such trustees as aforesaid or the major part of them respectively, as the
nature of the case shall require,* every such marriage shall be and is hereby
declared to be nuU and void to all intents and purposes whatsoever.
18 Geo. 2. c. 27.
it
tt
CHAPTER XLL
An Act to repeal so much of an Act passed in the eighteenth year of the reign
of King George the Second, iutituled " An Act for the more eflisctually
preventing the stealing of linen, Fustian, and Cotton Goods and Wares
in Buildings, Fields, Grounds, and other Places used for piciBting,
'^ whitening, bleaching, or drying the same," as takes away the Benefit
of Clergy from Persons stealing Cloth in Places therein mentioned ; and
for more eflfectually preventing such Felonies.I*I [31st May 1811.]
yjU HEREAS by an Act passed in the eighteenth year of the reign of his
^' Majesty King George the Second, intituled "An Act for the more
" effectually preventing the stealing of linen, fustian, and cotton goods wid
p Rep., as to England, 7 & 8 Geo. 4. c. 27. s. l.J
A.D. 1611. Stl Geoboe ni c. 41. 647
'* wares in buildings, fields, grounds, and other places used for printing, whiten-
'^* ing, bleaching, or dyeing the same," it is amongst other things enacted
that every person who at any time after the first day of June one thousand
Bev^:i hundred and forty-five shall by day or night feloniously steal any linen,
fustian, caHoo, cotton cloth, or cloth worked, woven, or made of any cotton or
linen yam mixed, or any thread, linen or cotton yam, linen or cotton tape,
incle, filletting, laces^ or any other linen, fustian, or cotton goods or wares *
whatsoever laid, placed, or exposed to be printed, whitened, bowked, bleached,
or dried in any whitening or bleaching croft, lands, fields, or grounds, bow-
king house, drying house, printing house, or other building, ground, or place
made use of by any calico printer, whitster, crofter, bowker, or bleacher for
printing, whitening, booking, bleaching, or drying of the same, to the value of
ten shillings, or who shall aid or assist or shall wilfully or maliciously hire or
procure any person or persons to commit any such offence, or who ^all buy
or receive any such goods or wares so stolen knowing the same to be .stolen as
aforesaid, being lawfully convicted thereof shall be guilty of felony ; and that
every such offender shall suffer death as in cases of felony without benefit of
clergy : And whereas the said Act has not been found effectual for the pre-
vention of the crimes therein mentioned, and it is therefore expedient that so
much of the said Act as is herein-before recited should be repealed : And
whereas it might tend more effectually to prevent the aforesaid crimes if the
same were punishable more severely than simple larceny : Be it therefore enacted
by the King'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 so 'much of the said Act as is herein-before recited shall Bedted Act in
firom and after the passing of this Act be and the same is hereby repealed. JBep., P^^ repealed.
Stat Law Bev. Act» 1873.}
IL And be it further enacted, that from and after the passing of this Act Pomshin^per-
every person who shall feloniously steal any linen, fastian, calico, cotton cloth, ^1*^*^2^
or doth worked, woven, or made of any cotton or linen yam mixed, or any bieadung
thread, linen or cotton yam, linen or cotton tape, incle, filletting, laces, or any P^*^**» **•
other linen, ftistian, or cotton goods or wares whatsoever,* laid, placed, or
exposed to be printed, whitened, bowked, bleached, or dried in any whitening
or bleaching croft, lands, fields, or grounds, bowking house, drying house,
printing house, or other building, ground, or place made use of by any calico
printer, whitster, crofter, bowker, or bleacher for printing, whitening, bowking,
bleaching, or drying of the same, to the value of ten shillings, or who shall aid
or assist, or wilfully or maliciously hire or procure any other person or persons
to commit any such offence, or who shall buy or receive any such goods or
wares so stolen, knowing the same to be stolen as aforesaid, being lawfully
convicted thereof, shall be liable to be transported beyond the seas for life, or
for such term not less than seven years as the judge before whom any such
person shall be convicted shall adjudge ; or shall be liable, in case the said
judge shall think fit, to be imprisoned and kept to hard labour in the conunon
gaol, house of correction, or penitentiary house, for any term not exceeding
seven years.
648
51 Qeobge III. c. 64.
AJ). 1811.
37 Geo. 8. c. 31.
CHAPTER LXIV.
An Act to enable the East India Company to raiee a farther Sum of Money
upon Bond, instead of increasing their Capital Stock ; and to alter and
amend an Act passed in the Forty-seventh Tear of the reign of His
present Majesty relative thereto. £10th Jane 1811.]
TITHEREAS by an Act made in the thirty-seventh year of the reign of his
' ' present Majesty, intituled "An Act to enable the East India Company
to raise money for further increasing their capital stock, and to extend the
provisions now existing respecting the present stock of the company to the
said increased stock/' after reciting that the affairs of the united company of
merchants of England required a permanent advance of a considerable sum of
money beyond what the said company could raise under the powers then
vested in them by law, the said united company are authorized and empowered
to raise money by enlarging their then capital stock or fund of six millions of
pounds to any sum or sums not exceeding the further sum of two millions
capital stock, so that their whole capital stock should not exceed the capital
sum of eight millions :
t€
tt
tl
Bonds issned
by the East
India Com-
pany under
their common
seal shall be
transferable by
delivery, &c.
lY. And whereas bonds issued under the common seal of the said united
company for money borrowed by them by virtue of the powers enabling them
to borrow money upon bond have usually been entered into and have been
expressed to have been made payable to the person who for the time being has
been the treasurer of the said united company, or his assigns, and upon his
indorsement thereof they have been sold and passed from one person to another
by delivery of the possession thereof; and it is expedient that a legal effect
should be given to such mode of transfer of the property in the said bonds and
the money secured thereby : Be it therefore further enacted, that all bonds
issued or to be issued under the common seal of the said united company by
virtue of any power by which they have been, are, or hereafter may be autho-
rized to borrow money upon their bonds shall be assignable and transferable
by delivery of the possession thereof ; and upon every such assignment or
transfer the money secured by the bond so assigned or transferred and due
and to become due thereon, and the property in such bond, shall be absolutely
vested as well at law as in equity in the person or persons, body or bodies
politick and corporate to whom the same shall be so assigned or transferred,
and the person or persons, body or bodies politick and corporate to whom any
such bond shall be so assigned and transferred and his, her, and their executOFB,
administrators, and successors respectively shall and may maintaia his, her, or
their action for the principal and interest secured thereby and due thereon,
or otherwise relating thereto, in like manner as the obligee or obligees named
in any such bond, or his, her, or their executors, administrators, or successors
may now maintain any action thereon ; and in every such action the plaintiff
or pladntifis shall recover his, her, or their debt, damages, and costs of suit;
and if any such plaintiff or plaintiffs shall be nonsuited, or a verdict be given
against him, her, or them, the defendant or defendants shall recover his, her,
or their costs against the plaintiff or plaintiffs ; and every such plaintiff or
Ajy. 1811. 51 GsoMs III c tti. ty ts, «i\\
plamtifisy defendant or defendants respect) vdy ivcovtM'ini; may nut^ o\U ^vxoow-
tion f<Nr saeh debt, damages, and eosts by oa)^a^^ Devi ftunaa, «\i' ^\t^\^
Y. And be it further enacted, that this Act aha)) h^ dooiUiMl and takou U\ U\ V^Uiv^V \a
a pablick Act, and shall be judicially taken nutiot) of m H\\iA\ by all Juilgon.
justioesy and others, without being speoiaUy jileadei).
CHAPTER LXXV.
An Act for making further Provision for the Fayinont nrHdlaiiuH ami nllii-r
Charges in the Office of the ComroisHionora for tha AltaiiH of Imlia i himI
for enabling the East India Company to reuloru to lliu Hi^rvicu uf ihn
said Company Military Officers removed thtirafiiHii by HniiiAnuirH o|'
Courts Martial ; and to authorize the said Company in ( inntn of uufiniMnnn
Emergency to take up Ships by private Contract* [I Ath J una IHll \
IV. Aro whereas it was in and by the sai/1 Ac^t of the thiity-Uni'l yinr nil 94^$^.^^ 4 c.i^'d
his pres^it Majesty s reign also eoacted that after nt^nUnuui or yul^m^hi ttf u-ny
court having competent jurisdiction^ whether in Great linUin or in lii/l'm,
against any gofvemor general^ governor^ presi'lent, c^^uiM^ill^/r, or c>inii>a^^/l4 r
in chie^ or against any of the said uuiUA com{/any'i» miyvi^^iM, ^i vil or //^iiiUi y,
for any debts or penalty due or belonging U} tlie said uuiUd iymnm4iy, or foy
any extortion or otlier misdemeanor, it should not in^ laivfuJ £;r Um: m'l/i ^hli/ji
company in any case whatever to release or e'<^Ui{>ouiid sudb kn-^uU^iJ^x or ju^i/
ment, or to rei^tore ^tiy servant or servsat^ </ tlie baid iy/u^imiy whj hiivui'j
have been removed or dittmissed from his or tlu;ir ottu;e or ann^hyuj^i^ii i^n oj
on aoooont of mibbehavioor by the sf^juteuoe of tU)/ of Uii; to«A.ld 4;'^Ui'U : Au'i
wbefeas donbte have arisen wheiher jDuiliUt<ry ^>tti<>^ih uoiy >^ nMf^n/i to Uk-
of Hie said united company who may hav<; \jt^M annov^/i Ui</H^)v('j l/y
of eourt£ martial : h^ it t/tj*?r«;jl'or<; eu«u;t</l Wid 4m;Ui4/J, U^ivt >t vk'iv >,«^i j,pi,^
and is lawful for the court of directoi* of th<; sai'J iiUiWi <//<jjj/aiiy to ii-il/^n- ^''"' i •*"/ *';/
to the aenioe of iiie said comjjauy any UiiliUiiy orti<;4;i- fc^^Lv ^^iiul' l*uvi b^/^jj o; mT^^ lini.-..!,
dbaU be dismisbed or suspeuded then^ftouj by fuK M^uu^iiM </t » <//ui i Usm 1*4!
Ak Act to mak^ f'rovi^iii/fi iu ceiWiiJ ^//vi*;r. t/i ti** Wjh< U4*'i i'H«<iii»w '/♦
://-.'
taining relief
for their fami-
lies to make
the following
declaration ;
at the foot
of which the
commanding
officer shall
sign the follow-
ing certificate.
Such declara-
tion and certi-
ficate shall be
attested by the
adjutant of the
regiment, &c.>
who shall
register the
particulars
thereof.
650
51 George III a 78.
A,D. 1811.
or place in Ireland is or shall be embodied and called out inix> actual service,
and any man serving or enrolled therein as a serjeant, corporal, or drummer
shall have a family less able in consequence of his absence to support them-
selves, and shall be desirous of obtaining for such family any allowauce
payable to them imder the rules, regulations, and restrictions in this Act
expressed and contained, such serjeant, corporal, drummer, or private shall
make and subscribe before the commanding officer of the regiment, battalion,
or corps for the time being to which he shall belong a declaration in writing
in the form following ; (that is to say,)
T~ A.B. of the regiment of militia do declare that I am a married
-*- man [or a widower, as the case may be], and ihht I have one child,
[or children,] bom in wedlock, under the age of ten years, whose
name [or names] and age [or ages respectively] is [or are] as follows ; (that is
to say), [the names and ages] ; and that my wife [or, my said child or children,
or, my wife and my said child or children, as the case may be] resides [or,
reside] at [here insert the county, and the barony, and the parish or town-
land, or the city or town, and street or place, as the case may require, in
which such family shall reside], and that my said child [or children, or wife
and child or children, as the case may be] by reason of my absence is [or
are] less able to procure necessary support, and that I was married to my
said wife [or, if no wife living, to the mother of the said children] at
on the day of in the year
III. And be it further enacted, that the commanding officer before whom
such declaration shall be made shall at the foot of the said declaration give
and sign a certificate in writing in the form following ;
* T CD. colonel, [or commanding officer, as the case may be] of the
' -*- militia, do hereby certify, that A.B. a serjeant, [corporal, drummer, or
* private, ballotted man, substitute or volunteer, as the case may be] in the
' said militia was called out into actual service, and did on the
' day of march from and is now absent on service from the said
* [county, town, city, or place, as the case may be], and that he hath in my
* presence made a declaration that his family resides at , and
' consists of , and that by his absence they are rendered less able
' to support themselves ; and I do certify that the said A.B. never deserted
' from the said militia, and that the said A.B. was enrolled on the
' day of ; and that the said A.B. was married after his enrolment
* with the consent of his commanding officer according to law [or, before his
' enrolment, as the case may be].'
IV. And be it further enacted, that every such declaration and certificate
shall be attested and countersigned by the adjutant of the regiment, battalion,
or corps of militia to which the militia-man making such declaration shall
belong ; and such adjutant shall carefully keep and preserve all such declara-
tions and certificates, and shall also keep a book or register containing the
names of all the Serjeants, corporals, drummers, and privates in such regiment,
battalion, or corps who shall have made such declaration, alphabetically
arranged ; and shall from such declarations and certificates so delivered to
him enter in such book opposite to the name of each man whether he is mar-
A.D. 1811. 51 George IIL c. 78. 651
lied or a widower^ and hath any and what child or children^ with the date of
such declaration, and the name or names and age or ages of such child or
children respectively at the time of making such declaration, and the residence
of such wife^ child, or children, as stated in such declaration.
Y. And be it further enacted^ that whenever such declaration and certificate Bates of aiiow-
shall have been made in the manner and form hereiurbefore contained and set ^^
forth, then and in such case the family of every such militia-man who shall
have made such declaration (the requisites herein-after mentioned being first
duly performed) shaU be entitled to and shall receive during his absence on
actual service the monthly allowances here following ; (that is to say,) after
the rate of four British shillings in every calendar month for every child bom
in wedlock and under the age of ten years, not exceeding the numbers herein-
after mentioned respectively ; and of eight British shillings in every calendar
month for the wife of such man if he shall be a ballotted man, and four British
shillings in every calendar month for the wife of any such man who shall not
be a ballotted man ; the said allowance to the wife in either of the said cases
to be paid whether such man shall or shall not have any child or children,
provided she does not follow the regiment.
VL Provided always, and be it enacted, that the wife of any militia-man Limitation ou
so called out on actual service shall not be entitled to the aforesaid allowance cUMren for
for each child for more than two children ; and in case there shall be no wife ^i»<»» allow-
ADG6 fU&V DO
of such militia-man living the allowance to the children of such militia-man Q^e.
shall not extend to more than four children in the whola
VII. Provided always, and be it further enacted, that no allowance under families of
this Act shall be given or ordered to be given to the family of any man who hh^me^or
shall be enrolled at any time after the passing of this Act in the said militia voianteere not
of Ireland as a substitute, hired man, or volunteer, and that all such allowances aUowanccs.
shall from and after the passing of this Act be confined to the fiamilies of such
ballotted men, substitutes, and volunteers as are now serving in the militia of
Ireland, and to the families of such ballotted men only as shall hereafter be
enrolled in the said militia.
VIII. Provided also, and be it further enacted, that no allowance under Further re«tric-
this Act shall be given or ordered to be given to the family of any substitute Jjio^cS.
or volunteer who shall be married at the time of the passing of this Act, and
who hath married while in actual service and after the passing of an Act
made in the forty- third year of his present Majesty's reign, intituled ** An Act
- " to make provision in certain cases for the wives and families of ballotted
" men, substitutes, and volunteers serving in the militia of Ireland ;" nor to
the &mily of any man now in the militia of Ireland who shall marry at any
time after the passing of this Act ; nor to the family of any ballotted man who
shall hereafter be enrolled in the said militia of Ireland and shall marry after
such enrolment ; unless every such marriage respectively shall have taken place
or shall take place with the consent of the colonel or conmianding officer,
being a field officer, of the regiment, battalion, or corps to which such man
shall belong, and that such consent shall have been certified under the hand of
such colonel or other commanding officer, being a field officer ; and no cer-
tificate as required by this Act shall be granted by any such commanding
officer for the purpose of entitling the family of any militia-man to any
allowance under this Act in cases where such militia-man shall have so
652
51 Oeoboe III. c. 78.
A.D. 1811.
and if sa^fied,
to endoree on
the certificate
his opinion
CeitifiotMto
b« d«pouted
with baionial
Gollecton of
Every three
tuontha a Jus-
tice shall make
timh enqoir;
into the circntn-
Btonces of the
familj, and
certify hii
Dpinion, and
renew or Tsry
the order for
ftllowsDce.
married while on actual service without sach coufient first had and obtained as
aforesaid.
IX. And be -it farther enacted, that it shall and may be law^l for tho
nearest resident justice of the peace actiBg in and for the barony, ot half
barony, city, town, or place in which the said family shall reside on the pro-
duction of such certificate to enquire into the circumstances of the family of
the militia-man to whom such certificate shall have been granted, and wbetlicr
they reside in the parish or place mentioned in the declaration of such militia-
man, on the oath of the wife of such militisr-man if there shall be one, and if
not, then of such person above the age of eighteen with whom such chiJd or
children shall reside, and of such other person or persons as such justice of the
peace shall think proper to examine thereupon ; and if on enquiry such justice
of the peace shall find that such family do so reside, and if such Justice shall
be of opinion that such family is less able to support itself in consequence of
the absence of such militia-man, he shall indorse such his opinion in wiitiug
under his hand on the back of the said certificate, with the date of the month
and year, and shall subjoin thereto an order in the form following ; (that is to
say,)
' ~r CD. do hereby certify, that I have made enquiry on the oath or oaih.s
'of , and that I am satisfied that the family of A.B. within
' mentioned resides at the place and consists of the persons within stated ; and
' that I am a justice of the peace of the county or district of ,
' within which the said family so resides, and that there is not to my know-
' ledge any other justice of the peace for the said county or district residing
' nearer to the said family : I do thereupon hereby order that fJie sums
' allowed by law in such case be paid to iie said family (that is to say), the
' sum of on the twenty-fourth day of each month, or as soon
' after as the same shall be demanded, not exceeding fourteen days from the
' said day.'
And such certificate with the opinion and order of such justice thereon shall
be forthwith deposited by the person or persons seeking benefit therebj, or
soma of them, or some person or persons on their, his, or her behalf, with the
collector of the public cess in such barony or half barony, or the treasurer of
such city or town.
X. Am) be it further enacted, that at the expiration of three calendar
months next after the date of any such order of such justice application shall
be made by such baronial collector or treasurer to the justice who shall have
made such order, or to such other justice of the peoce acting in and for such
barony or half barony, city, or town who shall reside nearest to the then yilacf
of residence of such family ; and on production of the original certificate afore-
said and of the order so first made thereon it shall be lawful for such justice
to make a; fresh enquiry on oath in manner aforesaid into the circumstances
of such fomily ; and if such cii-cumstances are not altered such justice shall
on the back of such original certificate and at the foot of such first oi-der sigu
his name in affirmance and renewal of the same, with the date of the month
and year ; or if it shall be made appear to such justice that the circumstances
of such family ai-e any way altei-ed such justice shall make a new order ibi-
such allowance as aforesaid, specifying the names and ages of each persrm uf
such family entitled to the same at the time of such order; and so. after the
/
AJ). 1811. 51 George IIL c 78. 653
expiraiion of every three calendar months a like enquiry and order shall from
time to time be made and renewed or altered by such justice of such barony
or half barony, city, or town as shall be resident nearest to the place of resi-
dence of such family, so long as any such allowance shall be claimed on behalf
of such family.
XL And be it further enacted, that every such baronial collector or Ordenand
treasurer shall from time to time within three days after any such order of^^fb^wnt
or orders shall be made by such justice prepare and sign an abstract of every bj baronial
such order, and shall forUiwith deliver or send such abstract duly dated by dS^w)!^
him to the collector of his Majesty's excise for the district in which the lectors of ex-
barony, half barony, city, or town shall be situate, together with such certifi- ^^tewigii
cate and the order thereupon ; and such collector of excise having compared the orders aod
such abstract with such order shall, if the same shall agree therewith, counter- st»cu L
sign such order, and shall forthvrith restore the same to such baronial collector ▼ouchers for
or treasurer, or to the person by whom the same was sent, and shall then
oomitersign and file such abstract^ and shall keep the same as a voucher for
his friture payments in manner herein-after mentioned.
XIL Akd be it further enacted, that every such baronial collector or Baronial col-
treasurer, on obtaining any such order countersigned by such collector of obtaiSngsuch
excise, shall fix)m time to time pay the several allowances mentioned in such orders counter-
order, to such family, until the expiration of three calendar months next aft;er IXwanc^
the date of such order, except in the cases herein-after mentioned
Xin. Pbovxded always, and be it enacted, that the allowances under and Allowances
by virtue of tliis Act shall be claimed and paid monthly on the twenty-fourth ^ ^ ^^** *
day of every month, or on such subsequent day as the same shall be duly
demanded, being not more than fourteen days after such twenty-fourth day of
each month ; and that the first allowances under this Act shall become due on
the twenty-fourth day of July one thousand eight hundred and eleven ; and
that no wife of any such militia-man, nor any other person on behalf of such
wife or of the family of any such militia-man, shall be entitled to receive at
any one time more than one month's allowance to such wife and family under
or by virtue of this Act
XIY. And be it further enacted, that every such monthly allowance to be Allowances
paid under this Act by any baronial collector or treasurer respectively to the SocoUe^tS"'
family of any militia-man shall be repaid quarterly to such baronial collector to he repaid
and treasurer respectively by the collector of his Majesty^s excise for the 2oOecton of
district in which such barony, half barony, city, or town shall be situate, out ezdse;
of any public money in his hands, upon such baronial collector or treasurer
respectively producing and delivering to such collector , of excise an account
in writing, verified by his affidavit, of all sums so paid by him, setting forth
in alphabetical order the names of all roilitia-men to or for whose families
any such payments shall have been made, with the date and amount of each
payment and to whom made; and the sums so paid by such collector of wfaoahaHon
excise shall be allowed to him in his accounts, upon sudi collector of excise JJISlJ^S^i^
producing such accounts so verified, together with the receipts of such baronial alk^wed tiie
collector or treasurer at the foot thereof respectively, and also the seven&l ""^^^^
other documents by this Act required to be kept by >iii«-
XV. Pbovided always, and be it further enacted, that if at any time such ^^
baronial collector or treasurer shaU not have in his hands sufficient money for t^^«y A^n
654
51 Qeorqe III. 0. 78.
A.D. 18U.
mftko monthly
adrances to
baronial col-
lectors of BomB
required to pay
allowances.
No payments
shall be made
in advance by
collectors of
excise until
baronial col-
lectors produce
accounts of
application of
sums pre-
Tionsly ad-
vanced.
Abstracts of
orders to be
laid before
quarter ses-
sions, who may
set aside or
alter any order.
payment of the several sums so directed to be paid by him as aforesaid, such
baronial collector or treasurer shall and may and is hereby required from time
to time as occasion shall require to certify the same to the collector of excise
for the district ; and it shall thereupon be lawful for such collector of excise,
and he is hereby authorized and required, to remit or pay out of such public
monies as may be in his hands to the said baronial collector or treasurer
respectively, at least once in every month if required, a sum sufficient to
satisfy and pay the monthly amount of the sums which shall then be payable
under and by virtue of the several abstracts which shall then be in possession
of such collector of excise under the provisions of this Act
XVI. And be it further enacted, that it shall not be lawful for any such
collector of excise to pay or remit to any such baronial collector or treasurer
any sum whatsoever in advance for or towards the payment of any allow-
ances under this Act, until such collector of excise shall have received from
such baronial collector or treasurer one or more accoTint or accounts in
writing, signed and verified by an affidavit before some justice of the peace
by such baronial collector or treasurer as aforesaid, of the application of each
and every sum and sums, if any, previously advanced by such collector of
excise to such baronial collector or treasurer respectively, setting forth in
alphabetical order the namei^'of aU miiitiK-m^en to or for whose families any
such payments shall have been made by such baronial collector or treasure,
together with the date and amoilnt of each pa3rment, and to whom was made ;
and no smn advanced by any oollectbr of excise for any of the said purposes
shall be allowed him until such account so verified of the application of every
former advance made by him to the same person shall be produced and
delivered by such collector of excise to the proper officer or officers whose
duty it shall be to audit or settle his accounts.
XYII. And be it further enacted, that every such baronial collector shall
transmit to the derk of the peace of the county within which the barony for
which he is collector shall be situate, and the treasurer of any city or town
shall transmit to the clerk of the peace thereof, three days previous to each
quarter sessions, an abstract of all orders which he shall have received as
aforesaid since the last preceding quarter sessions, to be by the said derk of
the peace laid before the justices at such sessions; and it shall be lawful for
the justices there to set aside or alter any such order of any such justice as
aforesaid which uponTdue enquiry in open court upon oath shall appear* to
have been fraudtdently obtained or not to be warranted by this Act ; and
in any such case such justices at such sessions shall make an order that such
baronial collector or treasurer shall bring in or cause to be brought in the
order of such justice, and deliver the same to the clerk of the peace for such
coimty, city, or town ; and such collector or treasurer shall, within seven days
after the service of such order on him bring in and deliver or cause to be
brought in and delivered [the said order of the said justice accordingly to such
clerk of the peace, who shall then cancel the said order if the same ^shall be
wholly set aside, or if the same shall be altered he shall write under same
a copy of the order for altering the same, and shall in that case restore ilie
same to such baronial collector or treasurer, who shall proceed thereupon, and
the same shall be countersigned, in the same manner in all respects as herein-
before directed with respect to any such order as aforesaid.
A.D. 1811. 51 George IIL c. 78. 655
XVIII. Provided always, and be it enacted, that if such baronial collector ^lowances to
or treasurer respectively shall have reason to believe, or shall receive notice legsened by ^
from the collector of excise of the district that he has reason to believe, that ]>aroniai col-
by ttie death of any of the family of any miUtia-man or by any other drcum- iTgf Sf:
stance the allowance to such family ought to be stopped or lessened in 8*«"ices-
amount, then and in either of such cases it shall be lawful for such baronial
collector or treasurer, and he is hereby required, to stop or lessen such allowance
accordingly, until the justice of the peace residing nearest to the residence of
such iamily as aforesaid shall direct him otherwise by writing under his hand
and seal.
XIX. Provided also, and be it further enacted, that no allowance shall be Allowance to
ordered or paid under this Act to the wife or family of any person serving in whS^mSituL
the militia for any longer period than such person shall continue to serve and ™a"^ aerves,
remain embodied in actual service, nor in any case while the wife in respect the wife foliowa
of or by whom any such relief is demanded shall follow the regiment, the regiment,
battalion, or corps in which her husband shall serve.
XX. And be it further enacted, that every serjeant, corporal, dinimmer, and Accounts of
private to whom such certificate shall have been given shall on or after the Jj^be given by*
first and before the sixth day of every month deliver or cause to be delivered militiarmen to
to the adjutant of his regiment, or tb the person acting as such, a return or eveiy month,
account in writing, subscribed by himself either with his name or mark,
and stating whether since the obtaining such certificate or since his last
return any, and if any, then how many and which of his family, and of what
names and ages respectively, have or hath died or have or hath received
or become entitled to any and what maintenance, provision, or property, and
to what amount, and whether his wife, if he be married, follows the regiment ;
and every change that shall have taken place in any of the said respects in
the family of any such militia-man shall be noted by such adjutant in his
register aforesaid, according to such return, or according to the truth, if the
same shall have come to his knowledge by any other means.
XXL And be it further enacted, that the adjutant of every regiment, bat- Adjutant to
talion, or corps of the said militia shall, within four days after the sixth day of ^ujy*S^e
every month during the time the militia to which he shall belong shall remain state of fiuniiiefl
embodied or in actual service, draw out a return for each and every collector sionew'S^OT^
of excise within whosejdistrict the family of any militia-man in his regiment «•«» ^ *>« ^^^
entitled to any of the said allowances shall reside, and shall in eveiy such collectors,
return set forth an alphabetical list of the names of all the Serjeants, corporals,
drummers, and privates in his regiment whose families are so entitled and reside
within such district ; and also a distinct statement of such promotions and
vacancies, and of such deaths and desertions, and other casualties (if any) as
may have occurred among such miUtia-men of the said regiment ; and also of
sudi of their wives as may have joined the r^ment since the last return,
and of all such other alterations as may have taken place in the family of any
of the said militia-men in manner herein-before mentioned; and if no such
promotion, vacancy, death, or desertion, casualty or alteration, shall have
happened, then such adjutant shall by such return certify to that effect; and
every such adjutant shall within the said four days enclose all the said
returns which he shall have do drawn out to the secretary of the commis-
644
51 Qeobge IIL c. 36.
A.D. 1811,
Maintenanoe,
&c. of offenders
committed to
or imprisoned
in the county
eaol of Essex
m>m Bright-
Iuig8ea,and
coroners
charges, shall
be defrayed by
the overseers
of the parish
out of the
poor rate.
Saving power
of mayor, &c.
of Sandwich
to raise rates
in Brightling-
sea for other
purposes.
Justices of
the county of
Kent to act in
Beakesboume
and Grange.
lingsea was to all intents and purposes part of the said county of Essex, and
was not or had not been annexed to or did not form or had not formed part
of the liberties of the town and port of Sandwich aforesaid.
yil. And be it hereby further enacted, that from and after the fifth day of
July one thousand eight hundred and eleven all offenders to be committed or
imprisoned for any offence committed within the said parish of Brightliiigsea
shall be committed to and imprisoned and delivered at such place and pkceSi
time and times, as ihey would have been committed to. imprisoned, in and
delivered at in case the said parish of Brightlingsea was part of the said county
of Essex, and that such offenders shall be maintained and kept in such place
or places, and conveyed to and from trial, at the expence of the said county of
Essex ; and that the treasurer or treasurers of the said county of Essex shall
and he and they lb and are hereby respectively authorized to demand and
receive of the overseers of the poor of the said parish of Brightlingsea such sum
and sums as they shall respectively pay to any coroner of the said county of
Essex for any matter or thing done by such coroner within the said parish of
Brightlingsea, and such further sum and sums as the justices of the said county
of Essex shall at the sessions to be holden by them next after the clause of
Easter in each year determine to be double the average amount of the expenoe
per day of feeding and clothing a prisoner in their county gaol for each day
any offender shall be so confined or imprisoned in any place of confinement
within their county, in lieu and satisfaction of all contribution from the said
parish of Brightlingsea to the rate of the said county ; and the treasurer or
treasurers of the said county of Essex shall have the same remedy and remedies
for receiving and enforcing the payment of such sum and sums as he or they
1^0 w have for recovering or enforcing the payment of the county rate from any
parish of the said county ; and the said overseers are hereby required to pay
the same>accordingly out of the rates to be made and collected within the said
parish for the relief of the poor thereof: Provided always, that nothing herein
contained shall extend or be construed to extend to deprive the mayor and jurats
of Sandwich to raise or levy any rate, cess, or impost they are now authorized to
raise or levy within the said parish of Brightlingsea or on the inhabitants there-
of, other than and except for any expence to be incurred for the rebuilding, sos-
tentation, or repair of any gaol or place of confinement of offenders within the
said town and port of Sandwich or the liberties thereof, or in the maintenance,
clothing, or keeping of any offenders therein, or the trials of any such offenders.
YIII. And be it further enacted, that from and after the fifth day of July one
thousand eight hundred and eleven all and every the justices and justice of the
peace for the county of Kent shall have full powet and authority to do all and
every act and to hear and determine ail matters and things, competent for a
justice or justices of the peace to do, hear, or determine, in respect of any matter
or tiling arising within or relating to the parish of Beakesboume and the hamlet
of Grange, otherwise Qrench, in the said county of Kent, and also, to grant
licences or certificates for licences to all victuallers resident within the said
parish of Beakesboume or hamlet of Grange, otherwise Grench, as he or they
would or might have in case the said parish of Beakesboume or hamlet of Grange,
otherwise Grench, wejre to all intents and purposes part of the said county of
Kent, and were not and had not been annexed to or did not form or had not
formed part of the liberty of the town and port of Hastings aforesaid
A.D. 1811. 51 GEORaE III. c. 36. 645
IX. And be it hereby further enacted, that from and after the fifth day of Coroners of
July one thousand eight hundred and eleven the coroners for the county of eogS«Mice^^
Kent shall have cognizance of all matters and things whereof it appertaineth ^thin Beakes-
to the oflSce of coroner to have cognizance which shall happen or fall out GSSnge."*
within the said parish of Beakesboume or hamlet of Grange, otherwise Grench,
and shall do and execute all things appertainmg to the office of coroner to do
and execute within the said parish of Beakesboume and hamlet of Grange,
otherwise Grench, and be paid for the same, in such and the same manner as
they ought and should have done and been paid in case the said parish of
Beakesboume and hamlet of Grange, otherwise Grench^ was to all intents and
purposes part of the said county of Kent, and was not and had not been
annexed to 'and did not form and had not formed part of the liberties of the-
town and port of Hastings. /
X. And be it hereby enacted, that from and after the fifth day of July one Mamtenance,
thousand eight hundred and eleven all oflfenders to be committed or im- committed to^"
prisoned for any ofience committed within the parish of Beakesboume or the or imprisoned
hamlet of Grange, otherwise Grench, shall be committed or imprisoned in such ^aoi of^l^n7
place or places and delivered at such time or timea^ place or places, as they ™™ Beakes-
would have been committed to, imprisoned in, and delivered at in case the Grench, and
said parish of Beakesboume and hamlet of Grange, otherwise Grench, were <»^n««'
respectively part of the said county of Kent, and that such offenders shall be be defrayed by
maintained and kept in such place or places, and conveyed to and from trial, ^® of ^elwor
at the expence of the said county of Kent ; and that the treasurer of the said rates,
county of Kent or the treasurers of the divisions of the said county of Kent
shall and he and they is or are hereby respectively authorized to demand and
receive of the overseer or overseers of the poor of the said parish of Beakesboume
or hamlet of Grange, otherwise Grench, respectively such sum or sums as they
shall respectively pay to any coroner of the said county of Kent for any matter
or thing done by such coroner within the said parish of Beakesboume or the
hamlet of Grange^ otherwise Grench, and such further sum and sums as the
justices of the divisions of which such treasurer shall be the treasurer shall at
the sessions to be by them holden next after the clause of Easter in each year
determine to be double the average amount of the expence per day of feeding
and clothing a prisoner in the gaol of their respective divisions for each day
any offender shall be so confined or imprisoned in any place of confinement
within such respective divisions, in Ueu and satisfaction of all contribution
from the said parish of Beakesboume or hamlet of Grange, otherwise Grench,
to the iTite of the said coimty ; and the said treasurer or treasurers shall have
the same remedy and remedies for recovering and enforcing the payment of
such sum and sums as he or they now have respectively for recovering and
enforcing the payment of the county rate from any parish of the said county ;
and the said overseer and overseers is and are hereby required to pay the
same accordingly out of the rates to be respectively made and collected within
the said parish and hamlet for the relief of the respective poor thereof accord-
ingly: Provided always, that nothing herein contained shall extend or be Saving power
construed to extend to deprive the mayor and jurats of Hastings of any power ©f iSSngs to
to raise or levy any rate, cess, or impost they are now authorized to raise or "»« ™te» '^
levy within the said parish of Beaksboume or the hamlet of Grange^ otherwi^ pth^ puiposou
658
51 Qeoboe III 0. 100.
A.D. 1811.
Recital of
88 Geo. 3. c 52.
In cases of con-
viction under
recited Act,
the sentence
may be exe-
cuted either
in the county
or in the
county of the
city or town
corporate.
CHAPTER C.
An Act to amend an Act passed in the Thirty-eighth Year of His present
Majesty's Beign^ intituled '' An Act to regolate the Trial of Causes, In-
" dictments, and other Proceedings which arise within the Counties of
'^ certain Cities and Towns Corporate within this Kingdom.
[26th June 1811.]
11/ HEREAS by an Act of Parliament made and passed in the thirty-
y ^ eighth year of the reign of his present Majesty, intituled " An Act to
" regulate the trial of causes, indictments, and other proceedings which arise
" within the counties of certain cities and towns corporate within this king-
'^ dom," it is amongst other things enacted, that it should and might be lawful
for any prosecutor or prosecutors to prefer his, her, or their bill or bills of
indictment for any offence or offences committed or charged to be commitifed
within the county of any city or town corporate to the jury of the county
next adjoining to the county of such city or town corporate, sworn and
charged to enquire for the King for the body of such adjoining county, at any
sessions of oyer and terminer or general gaol delivery ; and that every such
bill of indictment found to be a true bill by such jury should be valid and
effectual in law as if the same had been found to be a true bill by any jury
sworn and charged to enquire for the King for the body of the county of such
city or town corporate : And whereas it was further provided by the said
recited Act, that if it should appear in the manner therein mentioned to any
court of oyer and terminer or general gaol delivery for the county of any city
or town corporate that any indictment found by any grand jury of the county
of such city or town corporate, or any inquisition taken before the corona or
coroners of tiie county of such city or town corporate^ or other &andiise, was
fit and proper to be tried by a jury of any next adjoining county, that the
same proceedings and trial should be had and the same judgment should be
given as would and might be had and given in cases of indictments or inqui-
sitions for the like offences committed within such next adjoining counties ;
but no power was given in caseis of conviction in pursuance of any of the
provisions in the said recited Act of ordering the execution of the sentence in
the county of the dty or town corporate within which the offence had been
conmiitted and was charged to have been committed : And whereas it may be
fit and expedient that in such cases the punishment should be inflicted and
the sentences put in execution in the respective counties of the cities or towns
corporate where such offences had been so committed : May it therefore please
your Majesty that it may be enacted, and be it enacted by the King'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 from and after the passing of this Act it shall
and may be lawful for the court before which any conviction shall have taken
place in pursuance of the provisions of the said recited Act to order every
such convict to be punished according to law, either within the county where
such conviction shall have taken place, or within the county of the city or
town corporate wherein such offence shall have been committed ; and in cases
where the court shall order such convict to be punished within the county of
such city or town corporate it shall and may be lawful for the court, after
A.D. 1811. 51 George IIL a 100, 103. 669
passing sentence upon every sudh convicfc or convicts, to order him, her, or
them to be delivered into thia custody of the sheriff or sheriffs, gaoler or other
proper officer or officers of the county of such city or town corporate, and the
sheriff or sheriffs, gaoler or other proper officer or officers of the county of such
city or town corporate is and are hereby commanded to receive into his or *
their custody every such convict or convicts, and to execute the sentence so
passed upon him, her, and them in such adjoining county, as if he, she, or they
had been tried and had received such sentence in the county of such city or
town corporate.
II. Ajstd whereas it is provided by the said in part recited Act that in all
eases of indictments and other proceedings which may be tried before his
Majesty's justices of oyer and terminer or general gaol delivery for any
county in pursuance of the provisions contained in the said Act it ^ould and
might be lawful for such justices to order the expences of the prosecution
and of the witnesses, and of the several rewards payable in pursuance of the
statutes in such cases made and provided on the conviction of off»iders, to be
paid by and to the same persons and in the same manner &s the same would
have been payable if such ind;ictment had been tried in the court of oyer and
terminer or. general gaol delivery of the county of such city or town cor^
porate : And whereas it is. just and expedient that a similar provision should
be made for the payment of aU other expences which may be incurred by any
such adjoining county in relation to any person who may be tried or removed
for trial to such adjoining county for any offence committed or charged to
have been committed in the ooivity of any such city or town corporate : Be
it therefore enacted, that it shall and may be lawful for the justices of oyer AU expenses
and terminer or general gaol deliveiy» at any session thereof holden for such ^^^^^^
county, and they are hereby required, to order all expences whatsoever in- relation to
curred by su^ county in relation to any person who shall be tried, in such fo/^^ces in
county or removed thither for trial for any offence committed or charged to acounty of a
have been committed within the county oi any such city or town corporate, ^^Lte'to
as well in maintaining and supporting such person and carrying the sentence ^ '^^ ^y .
into execution as in any other respect, to be repaid to the treasurer of such the city or town
counly or other person acting as . treasurer qf such county, or who shall have coTo™*®'
actually paid such expences, by the same person or persons and in the same
manner as the same would have been payable if such offender or supposed
offender had remained in the county of such city or town corporate, and had
been tried in the court of oyer and terminer or general gaol delivery of the
county of such city or town corporate, and as if the sentence with respect to
such offender had been carried into execution within the county of such city
or town corporate.
CHAPTER CHI.
An Act to authorize the allowing Officers to retire on Half Fay or other
Allowances, under certain Bestrictions. [26th June 1811.]
%1^H£REAS it is expedient and necessary that better provision should be
^ * made for. the retirement of officers disabled by wounds, or rendered
incapable of service by age, ill healthy nc^ infirmity, and also for enabling
officers removed from the permaner *^e quarter master general to
TT 2
660
oIOeoboe IIL a 103,114.
A.D. 1811.
His Majesty
may allow
officers unfit
for Bervice to
retire on half
pay;
and may allow
half pay to
officers re-
moved fW>m
permanent staff
of quarter
master general.
Secretary at
War andTrear
sury to direct
the form of
certificates
necessary in
rdation to offi-
cers retiring ;
an account of
the officers
allowed to
retire to be
laid before
Parliament.
receive half-pay : May it therefore please your Majesty that it may be enacted,
and be it enacted by the King's most excellent Majesty, by and with the advice
and consent of the lords spiritual and temporal, and commons, in this preset
Parliament assembled, and by the authority of the same, that it shall be lawM
for his Majesty, his heirs and successors, to allow any officer in his Majest/s
service who would be entitled upon the reduction of his regiment, battalion,
or corps, or of his commission in his Majesty^js service to half pay, and who
shall become unfit for service, either from wounds, or ill health, or infiimity,
or age, to be certified to the Secretary at War in manner directed by this Act^
and who shall thereupon be allowed to retire under the provisions of this Act,
to have and receive the half pay of the commission which he shall have held
at the time of his being so allowed to retire, although the regiment in which he
shall have served or the commission which he shall have held shall not be
reduced ; and also to allow any officer removed from the permanent staff of the
quarter master general to have and receive the half pay of the rank in theanny
which he held at the time of being so removed as aforesaid.
III. And be it further enacted, that it shall be lawful for the Secretary at
War for the time being, and the lord high treasurer or commissionerB of his
Majesty's treasury for the time being, or any three or more of them, from
time to time to order and direct the form and nature of the certificates which
shall be given by medical or other persons in relation to officers applyii^ to
retire on half pay , provided that every such certi-
ficate shall state whether the officer by whom the same shall be transmitted
is rendered wholly incapable of serving for life or only for a temporary period,
together with such other particulars as shall be required in that behalf; and
every such certificate shall be registered at the War Office, and an account of
the officers so allowed to retire in each year shall be laid before Parliament
Regiment of
miners of
ComwaUand
Devon liable to
serve in all
parts of the
United King-
dom.
Oaths to be
taken.
CHAPTER CXIV.
An Act to permit the Services of the Regiment of Miners of Cornwall and
Devon to be extended to Ireland. [26th June 1811.]
*1TTHEREAS it would conduce to the better defence and security of the
^ ^ United Kingdom if the services of the regiment of miners of the coun-
ties of Cornwall and Devon were extended to all parts of the United Kingdom :
Be it therefore enacted bj the King's most excellent Majesty, by and with the ad?ice
and consent of the lords spiritual and temporal, and commons, in this present Farlia*
ment assembled, and by the authority of the same, that all persons who may be com-
missioned, raised, and enrolled in and for the regiment of miners at any time after the
passing of this Act, whether by ballot or otherwise, under any Act now in force or
which may hereafter be in force for raising men for the said r^ment, shall be liable to
serve in all parts of the United Kingdom of Great Britain and Ireland ; any thing con-
tained in any Act relating to the said regiment of miners respectively to tiie oontraiy
notwithstanding. {Rep., Stat. Law Bev. Act, 1873. J
n. And be it further enacted, that after the passing of this Act so much of the
Act passed in the forty-second year of his present Majesty, intituled ''An Act for
** repealing an Act made in the thirty-eighth year of the reign of his present Ma-
*^ jesty, intituled ' An Act for raising a b^y of miners in the counties of Cornwall
<< < and Devon for the defence of the kingdom during the present war,' and for the more
A.D. 1811. 51 Qeobob III. c 114. 661
** effisctoally raising and regnkting a body of miners for the defence of Great Britain/'
as prescribes ihe form of oaths to be taken by persons ballotted and by substitutes and
volunteers raised under that Act shall be repealed, and instead thereof {Rep., Stat Law
Rev. Act, 1873.J every person who shall be raised by ballot for the said regi-
ment under any Acta in force at the passing of this Act or under any future
Act, and appearing and serving in.person, shall take the following oaili :
* T A.B. do sincerely promise and swear that I will be faithful and bear Oathofbal-
* -^ true aUegiance to his Majesty King George ; and that I wiU faithfully ^^"^ '^'
* serve in the regiment of miners of Cornwall and Devon in any part of tho
' United Kingdom of Great Britain and Ireland for the defence of the same
' during the time of five years for which I am enrolled, unless I shall be
' sooner discharged*'
And every person raised under any of the said Acts, either as a substitute,
hired man, or volunteer, or otherwise than by ballot, shall take the following
oath:
* T A.B. do sincerely pro!mis6 and swear that I will be faithful and bear Oathofsttb-
* -^ true allegiance to his Majesty King George ; and that I will faithfully toi^itoen.
' serve in the regiment of miners of Cornwall and Devon in any part of the
^ United Kingdom of Great Britain and Ireland for the defence of the same
' during the time of five years, or for such further time as the said regiment
' shall remain embodied, if within the space of five years his Mqesty shall
* order and direct the same to be drawn out and embodied, unless I shall be
' sooner discharged.'
III. And be it further enacted, that every person who shall be appointed to Oath of ler-
serve as a serjeant, corporal^ or drummer in the regiment of miners to be ^I^^J^^^^
established under this Act for extended service shall tajce the following oath : drammen.
' T A.B. do sincerely promise and swear that I will be faithful and bear
' -^ true allegiance to his Majesty King George ; and that I will faithfully
' serve in the regiment of miners of Cornwall and Devon in any part of the
' United Eongdom for the defence of the same, until I shall be legally dis-
' charged.'
lY. And be it further enacted, that the regiment of miners to be raised ProTifioiu of
under this Act shall be raised under the provisions contained in the said ^j^^^'^iu
recited Act of the forty naeoond year aforesaid, and in every other Act or Acts rdaJoR to the
relative to the said regiment of miners, so far as the same or any of them were ^^^^to
in force immediately before the passing of this Act and are not hereby altered ; extend to
and all powers and provisions, clauses, matters, and things contained in the ^
said several last-mentioned Acts shall, aa far as the same were in force imme-
diately before the passing of this Act, and are applicable and are not hereby
altered or repealed, be in force for the purposes aforesaid, and shall respec-
tively relate to the raiment of miners to be so raised for service in the United
Kingdom, as if the same were expressly re-enacted and contained herein.
YI. ksD be it further enacted, that the regiment of miners to be raised in mSSnto be
manner aforesaid for extended service shall be entitled to the same rank, f^fd for ty
%m « ^i«<« « «• tended sefriee
pnvil^es, and exemptions, and subject to the same rules and regulations, aa shiUi be entitled
the said r^ment of miners now are respectively entitled or .subject to under 2l**°1iSer*
any Act or Acts now in force relating to the said regiment former Act*.
YIL Amo be it further enacted, that all commissioned officers of the said CMBoen dk-
regiment of miners whose service shall become extended to all parte of the ti^emltied
662
51 George m. c Hi, 115.
A.D. 1811.
to half pay ;
non-oommiS'
stoned officers,
&c. to Chelsea
hospital, and
widows of offi*
cers killed to
pensions.
Service in
Ireland to be
signified by
the secretary
of state.
Uzdted Kingdom by virtue of this Act^ who shall be disabled in actual servioe,
shall be entitle to half pay. according to their ranks ; and all non-commis-
sioned officers, drummers, and private men of such force so disabled shall be en-
titled to the benefit of Che]sea hospital ; and the widows of all such cominis-
sioned officers killed in service shall be entitled to receive such pensions for life
as are given to widows of officers in his Majesty's regular forces.
IX. And be it farther enacted, that no regiment, battalion, or corps of such
miners shall be called upon to serve in Ireland until his Majesty*s pleasure
shall have been signified by the secretary of state.
48 Geo. 3.
c. 108.
CHAPTER CXV,
•
An Act for amending the Act Forty-third Qeorge Third, to promote the
building, repairing, or otherwise providing the Churches and Chapels, and
of Houses for the Besidence of Ministers, and the providing of Church
Yards and GlebeapJ [26th June 1811.]
XTTHEREAS by an Act passed in the forty-third year of his present
' y Majesty^s reign, intituled " An Act to promote the building, repairing, or
*' otherwise providing of churches and chapels, and of houses for the residence
** of miiiisters, and the providing of church yards and glebes," it was enacted,
that every person and- persons having in his or their own right any estate or
interest in possession, reversion, or contingency of or in any lands or tenements,
or of any property of or in any goods or chattels, should have full power,
license, and authority by deed inroUed in such manner and within such
time as is directed in England by the statute made in the twenty-seventh
year of the reign of King Henry the Eigthth, and in Ireland by the statute
made in the tenth year of the reign of King Charles the First, for inrolment
of bargains and sales, or by his, her, or their last will or testament in writing,
duly executed according to law, such deed or such will or testament being
dtdy executed three calendar months at least before the death of sudi grantor
or testator, including the days of the execution and death, to give and grant to
and vest in any person or persons, or body politic or corporate, and their heirs
and successors respectively, aU such his, her, or their estate, interest, or
pil)perty in such lands or tenements not exceeding five acres, or goods and
chattels, or any part or parts thereof, not exceeding in value five hundred
pounds, for or towards the erecting, rebuilding, repairing, purchasing, or
providing any church or chapel where the liturgy and rites of the said united
church are or shall be used or observed, or any mansion house for the residence
of any minister of the said united church officiating or to officiate in any such
church or chapel, or of any outbuildings, offices, church jrard, or glebe ifor the
same respectively, and to be for those purposes applied according to the will
of the said benefactor in and by such deed enrolled or by such will or testament
executed as aforesaid expressed (the consent and approbation of the ordinary
being first obtained), and in default of such direction, limitation, or appoint-
I* Bep., 80 far as relates to the kingdom of Ireland, 14 & 15 Vict c. 71.]
A.D, 1811.
51 Geobqe IIL c. 116.
663
ment, in such manner as shall be directed and appointed by the patron and
ordinary, with the consent and approbation of the parson, vicar, or other
incumbent ; and such person and persons, bodies politic and corporate, and their
heirs and successors respectively should have full capacity and ability to
purchase^ receive, take, hold, and enjoy for the purposes aforesaid, as well from
such persons as shall be so charitably disposed to give the same as from all
other persons as shall be willing to sell or alien to such person or persons,
bodies politic or corporate, any lands or tenements, goods or chattels without
any license or writ of ad quod damnum : And whereas doubts have arisen
whether the powers and provisions of the said Act wiU enable his Majesty to
make any such grant for the purposes before mentioned : And whereas it is
expedient that the powers of the said Act should be extended for that purpose :
Be it therefore enacted by the King's most excellent Majesty, by and with
the advice and consent of the lords q)iritual and temporal, and commons,
in this present Parliament assembled, and by the authority of the same,
that the Eong^s most excellent Majesty, his heirs and successors, shall have
full power, license, and authority by deed or writing under the great seal,
or under the seal of his duchy and county palatine of Lancaster, to give
and grant and vest in any person or persons, bodies politic or corporate, and
their heirs and successors respectively, all such his, her, or their estate, interest,
or property in any lands or tenements within the survey of the court of
Exchequer or of the duchy of Lancaster, for or towards the erecting, rebuilding,
repairing, purchasing, or providing any church or chapel where the liturgy
and rites of the said united church are or shall be used or observed, or any
mansion house for the residence of any miniBter of the said united church offi-
ciating or to officiate in any such church or chapel, or of any outbuildings, offices,
church yard or ^ebe for the same respectively, and to be for those purposes
applied in and by such deed as aforesaid expressed, the consent and approbation
of the ordinary being first obtained ; and such person and persons, bodies
politic and corporate, and their heirs and successors respectively shall have
full capacity and ability to receive, take, hold, and enjoy for the purposes
aforesaid any lands or tenements notwithstanding the statute of Mortmain, or
the Act of i^e first year of her late Majesty Queen Anne, intituled "An Act
" for the better support of her Majesty's household, and the honour and dignity
* of the crown," or any other Act or Acts, or other impediment or disability
whatsoever : Provided always, that nothing in this Act contained shall extend
or be construed to extend to enable his Majesty, his heirs and successors, to
grant more than five acres in any one 'grant for any of the purposes aforesaid,
or to alter or amend any of the provisions of the said Act of the forty-third
year of hiis present Majesty, which are not herein-before specially named and
mentioned.
n. And be it further enacted by the authority aforesaid, that it shall be
lawful for any person or persons, bodies politic or corporate, seized of or
entitled to the entire and absolute fee simple of any manor, by deed under the
hand and seal or hands and seals of any such person or persons, and under the
seal or seals of any such body or bodies politic or corporate, and inroUed in
the Court of Chancery, to grant to the rector, vicar, or other minister of any
parish church and his successors, or to the curate or minister of any chapel
and his successors, any parcel or parcels of land not exceeding in the whole the
His Majesty
may vest lands
in any person
for building or
repairing any
church or
chapel, or any
house for the
residence of
aminitter;
notwithstand*
ing the statute
of Mortmain,
or the Act
I Ann. c. I.
Kq grant to
exceisdfiTe
acres.
Any person
haring the fee
simple of any
manor may
grant five acrefl
of the waste for
ecclesiastical
purpose*.
664
51 Oso«OB III c. 115, 118.
A.D. 1811.
Grants under
this Act to be
only for the
benefit of
parochial
or other duly
consecrated
churches or
chapels of the
united church
of England
and Ireland.
quantity of five statute acres, parcel of the waste of such manor, and lyiag
within the parish where such church or chapel shall be or shall be intended to
be erected, or within any extra parochial district wherein any such diafd
shall be or shall be intended to be erected, for the purpose of erecting thereon
or enlarging any such church or chapel, or for a church yard or burying
ground, or enlarging a church yard or burying ground for such parish or extra
parochial place, or for a glebe for the rector, vicar, curate, or other minister of
any such church or chapel, to erect a mansion house or other buildings thereon,
or make other conveniences for the re&idence of such rector, vicar, curate, or
other minister, freed and absolutely discharged of and from. aQ rights of
common thereon, and any statute prohibiting any alienation in mortmain, or
other statute law or custom to the contrary notwithstanding : Provided
always, that no grant whatsoever shall be made of any land whatsoever for
any of the purposes authorised by this Act, unless the church or chapel for the
benefit whereof or of the minister whereof such grant shall be made, shall be
a parochial church or chapel for the service of the united churdi of England
and Ireland, duly authorized by law, or a church or chapel duly consecrated
for the service of such church, or erected or to be erected for such purpose by
and with the license and consent of the ordinary of the diocese wherein the
same shall be.
Men raised for
the militia
shall be liable
to serve in
any part of
the United
Kingdom.
Oaths to bo
taken.
Oath of bal.
lotted men.
CHAPTER CXVIIL
An Act to permit the Interchange of the British and Irish Militias respec-
tively. [Ist July 1811.]
"TTTHEREAS it would materially conduce to the better defence and security
* * of the United Kingdom if the services of the present regular militia of
Great Britain and the militia force of Ireland were extended to all parts of
the United Kingdom : Be it therefore enacted by the King'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 all (lersons
who may be commissioned, raised, and enrolled in and for the regular militia of Great
Britain, or in and for the militia of Ireland, at any time after the passing of this Act,
whether by ballot or otherwise, under any Act now in force or which may hereafter be
in force for raising men for the said militia, shall be liable to serve in all parts of the
United Kingdom of Great Britain and Ireland ; any thing contained in any Act relating
to the said militias respectively to the contrary notwithstanding. TBep., Stat. Law Rev.
Act, 1873.J
II. And be it further enacted, that after the passing of this Act so much of the
Act passed in the forty-second year of his present Majesty, intituled " An A<* for
" amending the laws relating to the militia in England, and for augmenting the militia,'*
so much of another Act passed in the forty-second year, intituled " An Act to raise and
*' establish a militia force in Scotland," and so much of an Act passed in the forty-ninth
year of his present Majesty, intituled "An Act for amending and reducing into one Act
" of Parliament the several laws for raismg and training the militia of Ireland," resgec-
tiyely, as prescribe the form of oaths to be taken by persons ballotted, and by sub-
stitutes and volunteers raised under those respective Acts, shall be repealed ; and
instead thereof JRep., Stat Law Rev. Act, 1873.1 every person who shall be raised
by ballot for the militia in Great Britain or Ireland under any Acts in force
at the passing of this Act, or under any future Act, and appearing and serving
in person, shall take the following oath :
* ~r AB. do sincerely promise and swear that I will be faithful and bear
* -*- true allegiance to his Majesty King George, and that I will faithfully
A.D. 1811.
51 OfiOBGE III. C. 118.
665
' serve in the militia in any part of the United Kingdom of Great Britain
' and Ireland for the defence of the same during the time of five years for
' which I am enrolled, imless I shall be sooner discharged.'
(And every person raised under any of the said Acts, either as a substitute, hired
man, or volunteer, or otherwise than by ballot, shall take the following oath :
' T A.B. do sincerely promise and swear that I will be faithful and bear
' -*- true all^iance to his Majesty King George, and that I will faithfully
^ serve in the militia in any part of the United Kingdom of Great Britain and
* Ireland for the defence of the same during the time of five years, or for
' such further, time as the militia shall remain embodied, if Mdthin the space
' of five years his Majesty shall order and direct the militia to be drawn out
' and embodied, unless I shall be sooner discharged."*!
III. And be it further enacted, that every person who shall be appointed
to serve as a seijeant, corporal, or drummer in the militia to be established
under tins Act for extended service, instead of the oath directed to be taken
by any of the said recited Acts by Serjeants, corporals, and drummers in the
militia shall take the following oath :
' nr AB. do sincerely promise and swear that I will be faithful and bear
' -*- true allegiance to his Majesty King George, and that I will faithfully
< serve in the militia in any part of the United Kingdom for the defence of
* the same until I shall be legally discharged.'
IV. And be it further enacted, that the regular militia to be raised under
this Act in England and Scotland, and the militia of Ireland, shall respec-
tively be raised imder the provisions contained in the said recited Acts of the
forty-second year aforesaid, and in the said Act of the forty-ninth year afore-
said, and in every other Act or Acts relative to the militias of England,
Scotland, or Ireland, so far as the same or any of them were in force imme-
diately before the passing of this Act, and are not hereby altered ; and all
powers and provisions, clauses, matters, and things contained in the said
several last-mentioned Acts shall, as far as the same were in force immediately
before the passing of this Act^ and are applicable and are not hereby altered
or repealed, be in force for the purposes aforesaid, and shall respectively
relate to the militia to be so raised in England and Scotland and Ireland for
service in the United Kingdom, as if the same were expressly re-enacted and
contained herein : Provided always, that nothing in this Act shall be con-
strued to extend the provisions of any Acts which relate only to the militia
of England or Scotland respectively to the militia to be raised in Ireland,
nor any of the provisions of any Act which relates to the militia of Ireland
only to the militia to be raised in England or Scotland.
lY.^l And be it further enacted, that all powers, provisions, clauses, matters,
and things contained in an Act passed in the forty-third year of his present
Majesty, intituled *' An Act for consolidating and amending the several laws
" for providing relief for the families of militia-men of England when called out
** into actual service ;" and in another Act passed in the forty-ninth year of
his present Majesty, intituled " An Act for providing relief for the wives and
p The part of section 2 enclosed in brackets is rep., so fiu* as it relates to the militia
raised in Great Britain, Stat Law Rev. Act, 1873.;
P Section 5 is rep.> so fieur as it relates to 49 Geo. 8. c 86., and to the militia raised in
England, Stat. Law Rev. Act, 1873.1
Oath of sub-
stitates or
Tolnnteeni.
Oath of Ser-
jeants, cor-
pora]fi,aDd
drummers.
Militia under
thifl Act tobe
raised as under
the former
Acts for raising
the English,
Scotch, and
Irish militia.
English or
Scotch Acts
not to extend
to Ireland, nor
Tice yersA,
Provisions in
48 Geo. 3. c. 47,
49Geo.d.c.9C.
652
51 Geoboe III. c. 78.
A.D. 1811.
Justice to
enquire into
the circum-
stances of the
family of the
militia-man ;
and if satisfied,
to endorse on
the certificate
his opinion
and an
order for pay-
ment.
Certificates to
be deposited
with baronial
collectors of
cess.
Every three
months a jus-
tice shall make
fresh enquiry
into the circum-
stances of the
family, and
certify his
opinion, and
renew or vary
the order for
allowance.
married while on actual service without such consent first had and obtained as
aforesaid
IX. And be it further enacted, that it shall and may be lawful for the
nearest resident justice of the peace acting in and for the barony, or half
barony, city, town, or place in which the said family shall reside on the pro-
duction of 9uch certificate to enquire into the circumstances of the family of
the militia-man to whom such certificate shall have been granted, and whether
they reside in the parish or place mentioned in the declaration of such militia-
man, on the oath of the wife of such militia-man if there shall be one, and if
not, then of such person above the age of eighteen with whom such child or
children shall reside, and of such other person or persons as such justice of the
peace shall think proper to examine thereupon ; and if on enquiry such justice
of the peace shall find that such family do so reside, and if such justice shall
be of opinion that such family is less able to support itself in consequence of
the absence of such militia-man, he shall indorse such his opinion in writing
under his hand on the back of the said certificate, with the date of the month
and year, and shall subjoin thereto an order in the form following ; (that is to
say,)
* ~r CD. do hereby certify, that I have made enquiry on the oath or oaths
^ of , and that I am satisfied that the family of A.B. within
' mentioned resides at the place and consists of the persons within stated ; and
' that I am a justice of the peace of the county or district of ,
' within which the said family so resides, and that there is not to my know-
* ledge any other justice of the peace for the said county or district residing
^ nearer to the said family: I do thereupon hereby order that the sums
* allowed by law in such case be paid to the said family (that is to say), the
* sum of on the twenty-fourth day of each month, or as soon
* after as the same shall be demanded, not exceeding foqrteen days irom the
* said day.'
And such certificate with the opinion and order of such justice thereon shall
be forthwith deposited by the person or persons seeking benefit thereby, or
some of them, or some person or persons on their, his, or her behalf, with the
collector of the public cess in such barony or half barony, or the treasurer of
such city or town.
X. And be it further enacted, that at the expiration of three calendar
months next after the date of any such order of such justice application shall
be made by such baronial collector or treasurer to the justice who shall have
made such order, or to such other justice of the peace acting in and for sitch
barony or half bai-ony, city, or town who shall reside nearest to the then place
of residence of such family ; and on production of the original certificate afore-
said and of the order so first made thereon it shall be lawful for such justice
to make a' fresh enquiry on oath in manner aforesaid into the circumstances
of such family ; and if such circumstances are not altered such justice shall
on the back of such original certificate and at the foot of such first order sign
his name in affirmance and renewal of the same, with the date of the month
and year ; or if it shall be made appear to such justice that the circumstances
of such family are any way altered such justice shall make a new order for
such allowance as aforesaid, specifying the names an<{ ages of each person of
such family entitled to the same at the time of such order; and so.afler the
A.D. 1811. 51 George TIL c. 78. 663
expiration of every three calendar months a like enquiry and order shall fix)m
time to time be made and renewed or altered by such justice of such barony
or half barony, city, or town as shall be resident nearest to the place of resi-
dence of such family, so long as any such allowance shall be claimed on behalf
of such family.
XL And be it further enacted, that every such baronial collector or Orders and
treasurer shall from time to time within three days after any such order *£ g^^^^ot
or orders shall be made by such justice prepare and sign an abstract of every bj baronial
such order, and shall forthwith deliver or send such abstract duly dated by aiiJ^r«)^
him to the collector of his Majesty's excise for the district in whidi the lectors of ex-
barony, half barony, city, or town shall be situate, together with such certifi- ^^Zniga
cate and the order thereupon ; and such collector of excise having compared the orders and
such abstract with such order shall, if the same shall agree therewith, counter- gtracts as
sign such order, and shall forthwith restore the same to such baronial collector ▼ouchers for
or treasurer, or to the person by whom the same was sent, and shall then
countersign and file such abstract, and shall keep the same as a voucher for
his future payments in manner herein-after mentioned.
XIL Akd be it further enacted, that every such baronial collector or Baronial col-
treasurer, on obtaining any such order countersigned by such collector of obtaining sach
excise, shall from time to time pay the several allowances mentioned in such orders counter-
order, to such family, until the expiration of three calendar months next after ^wanc^
the date of such order, except in the cases herein-aftier mentioned.
XIII. Provided always, and be it enacted, that the allowances under and Allowances
by virtue of tliis Act shall be claimed and paid monthly on the twenty-fourth ^ ®° ^^ ®*
day of every month, or on such subsequent day as the same shall be duly
demanded, being not more than fourteen days after such twenty-fourth day of
each month ; and that the first allowances under this Act shall become due on
the twenty-fourth day of July one thousand eight hundred and eleven ; and
that no wife of any such militia-man, nor any other person on behalf of such
wife or of the family of any such militia-man, shall be entitled to receive at
any one time more than one month's allowance to such wife and family under
or by virtue of this Act
XIV. And be it further enacted, that every such monthly allowance to be Allowances
paid under this Act by any baronial collector or treasurer respectively to the STcoUe^™'
family of any mUitia-man shall be repaid quarterly to such baronial collector to b^ repaid
and treasurer respectively by the collector of his Majesty's excise for the ^Sectorsof
district in which such barony, half barony, city, or town shall be situate, out excise;
of any public money in his hands, upon such baronial coUector or treasurer
respectively producing and delivering to such collector , of excise an account
in writing, verified by his affidavit, of all sums so paid by him, setting forth
in alphabetical order the names of all militia-men to or for whose families
any such payments shall have been made, with the date and amount of each
payment and to whom made; and the sums so paid by such collector of who shall on
excise shall be allowed to him in his accounts, upon such collector of excise y^^CTs^bo
producing such accounts so verified, together with the receipts of such baronial allowed the
collector or treasurer at the foot thereof respectively, and also the several *"™*P*'"-
other documents by this Act required to be kept by him.
XV. Provided always, and be it further enacted, that if at any time such if necessary,
baronial collector or treasurer shall not have in his hands sufficient money for excise shall
652
61 Qeobge III. c. 78.
A.D, 1811,
Jnstioe to
enqnire into
the drcum-
etances of the
&mily of the
militia-man ;
and if satisfied,
to endorse on
the certificate
his opinion
and an
order for pay-
ment.
Certificates to
be deposited
with baronial
collectors of
cess.
Every three
months a jus-
tice shall make
fresh enquiry
into the circum-
stances of the
family, and
certify his
opinion, and
renew or vary
the order for
allowance.
married while on actual service without such consent first had and obtadned as
aforesaid
IX. And be it further enacted, that it shall and may be lawful for the
nearest resident justice of the peace acting in and for the barony, or half
barony, city, town, or place in which the said family shall reside on the pro-
duction of 9uch certificate to enquire into the circumstances of the family of
the militia-man to whom such certificate shall have been granted, and whether
they reside in the parish or place mentioned in the declaration of such militia-
man, on the oath of the wife of such militia-man if there shall be one, and if
not, then of such person above the age of eighteen with whom such child or
children shall reside, and of such other person or persons as such justice of the
peace shall think proper to examine thereupon ; and if on enquiry such justice
of the peace shall find that such family do so reside, and if such justice shaU
be of opinion that such family is less able to support itself in consequence of
the absence of such miUtia-man, he shall indorse such his opinion in writing
under his hand on the back of the said certificate, with the date of the month
and ^''ear, and shall subjoin thereto an order in the form following ; (that is to
say,)
* T CD. do hereby certify, that I have made enquiry on the oath or oaths
' ^ of , and that I am satisfied that the family of A.B. within
' mentioned resides at the place and consists of the persons within stated ; and
' that I am a justice of the peace of the county or district of ,
^ within which the said family so resides, and that there is not to my know-
* ledge any other justice of the peace for the said county or district residing
' nearer to the said family: I do thereupon hereby order that the sums
' allowed by law in such case be paid to the said family (that is to say), the
* sum of on the twenty-fourth day of each month, or as soon
* after as the same shall be demanded, not exceeding fol^i)een days from the
' said day.'
And such certificate with the opinion and order of such justice thereon shall
be forthwith deposited by the person or persons seeking benefit thereby, or
some of them, or some person or persons on their, his, or her behalf, with the
collector of the public cess in such barony or half barony, or the treasurer of
such city or town.
X. And be it further enacted, that at the expiration of three calendar
months next after the date of any such order of such justice application shall
be made by such baronial collector or treasurer to the justice who shall have
made such order, or to such other justice of the peace acting in and for such
barony or half barony, city, or town who shall reside nearest to the then plaee
of residence of such family ; and on production of the original certificate fiibre-
said and of the order so first made thereon it shall be lawful for such justice
to make a' fresh enquiry on oath in manner aforesaid into the circumstances
of such family ; and if such circumstances are not altered such justice shall
on the back of such original certificate and at the foot of such first oixler sign
his name in afiSrmance and renewal of the same, with the date of the month
and year ; or if it shall be made appear to such justice that the circumstances
of such family are any way altered such justice shall make a new order for
such allowance as aforesaid, specifying the names ancT ages of each person of
such family entitled to the same at the time of such order; and so^ after the
AJ). 1811.
51 Geobge III. c. 78.
653
expiration of every three calendar months a like enquiry and order shall from
time to time be made and renewed or altered by such justice of such barony
or half barony, city, or town as shall be resident nearest to the place of resi-
dence of such family, so long as any such allowance shall be claimed on behalf
of such family.
XT. And be it further enacted^ that every such baronial collector or
treasurer shall from time to time within three days after any such order
or orders shall be made by such justice prepare and sign an abstract of every
such order, and shall forthwith deliver or send such abstract duly dated by
him to the collector of his Majesty's excise for the district in whidi the
barony, half barony, city, or town ^all be situate, together with such certifi-
cate and the order thereupon ; and such collector of excise having compared
such abstract with such order shall, if the same shall agree therewith, counter-
sign such order, and shall forthwith restore the same to such baronial collector
or treasurer, or to the person by whom the same was sent, and shall then
ooxmtersign and file such abstract, and shall keep the same as a voucher for
his future payments in manner herein-after mentioned.
XIL Akd be it further enacted, that every such baronial collector or
treasurer, on obtaining any such order countersigned by such collector of
excise, shall from time to time pay the several allowances mentioned in such
order, to such family, until the expiration of three calendar months next after
the date of such order, except in the cases herein-after mentioned.
Xin. Pbovided always, and be it enacted, that the allowances under and
by virtue of tliis Act shall be claimed and paid monthly on the twenty-fourth
day of every month, or on such subsequent day as the same shall be duly
demanded, being not more than fourteen days after such twenty-fourth day of
each month ; and that the first allowances under this Act shall become due on
the twenty-fourth day of July one thousand eight hundred and eleven ; and
that no wife of any such militia-man, nor any other person on behalf of such
wife or of the family of any such militia-man, shall be entitled to receive at
any one time more than one month's allowance to such wife and family under
or by virtue of this Act
XrV. And be it further enacted, that every such monthly allowance to be
paid under this Act by any baronial collector or treasurer respectively to the
family of any mDitia-man shall be repaid quarterly to such baronial collector
and treasurer respectively by the collector of his Majesty's excise for the
district in which such barony, half barony, city, or town shall be situate, out
of any public money in his hands, upon such baronial collector or treasurer
respectively producing and delivering to such coUector,of excise an account
in writing, verified by his affidavit, of all sums so paid by him, setting forth
in alphabetical order the names of all militia-men to or for whose families
any such payments shall have been made, with the date and amount of each
payment and to whom made; and the sums so paid by such collector of
excise shall be allowed to him in his accounts, upon such collector of excise
producing such accounts so verified, together with the receipts of such baronial
collector or treasurer at the foot thereof respectively, and also the several
other documents by this Act required to be kept by hhn.
XY. Provided always, and be it further enacted, that if at any time such
baronial collector or treasurer shall not have in his hands sufficient money for
Orders and
abstracts there-
of shaU be sent
bj baronial
collectors to
district col-
lectors of ex-
cise, who shall
countersign
the orders and
keep the ab-
stracts as
Touchers for
their payments.
Baronial col-
lectors shall on
obtaining such
orders counter-
siffned pay the
allowances.
Allowances
when payable.
Allowances
paid by baron-
ial collectors
to h9 repaid
quarterly by
collectors of
excise;
who shall on
producing
▼ouchers be
allowed the
sums paid.
If necessary,
collectors of
excise shall
652
61 Qeobge III. c. 78.
AJ). 1811.
Justice to
enquire into
the circum-
stances of the
fiunily of the
militia-man ;
and if satisfied,
to endorse on
the certificate
his opinion
and an
order for pay-
ment.
Certificates to
be deposited
with baronial
collectors of
cess.
Every three
months a jus-
tice shall make
fresh enquiry
into the circum-
stances of the
family, and
certify his
opinion, and
renew or vary
the order for
allowance.
married while on actual service without such consent first had and obtained as
aforesaid
IX. And be it further enacted, that it shall and may be lawful for the
nearest resident justice of the peace acting in and for the barony, or half
barony, city, town, or place in which the said family shall reside on the pro-
duction of such certificate to enquire into the circumstances of the family of
the militia-man to whom such certificate shall have been granted, and whether
they reside in the parish or place mentioned in the declaration of such militia-
man, on the oath of the wife of such militia-man if there shall be one, and if
not, then of such person above the age of eighteen with whom such child or
children shall reside, and of sudi other person or persons as such justice of the
peace shall think proper to examine thereupon ; and if on enquiry such justice
of the peace shall find that such family do so reside, and if such justice shall
be of opinion that such family is less able to support itself in consequence of
the absence of such miUtia-man, he shall indorse such his opinion in writing
under his hand on the back of the said certificate, with the date of the month
and 3'ear, and shall subjoin thereto an order in the form following ; (that is to
say,)
* T CD. do hereby certify, that I have made enquiry on the oath or oaths
'of , and that I am satisfied that the family of A.B. within
' mentioned resides at the place and consists of the persons within stated ; and
' that I am a justice of the peace of the county or district of ,
' within which the said family so resides, and that there is not to my know-
' ledge any other justice of the peace for the said coimty or district residing
' nearer to the said family : I do thereupon hereby order that the sums
* allowed by law in such case be paid to the said family (that is to say), the
* sum of on the twenty-fourth day of each month, or as soon
' after as the same shall be demanded, not exceedhig fourteen days from the
* said day.'
And such certificate with the opinion and order of such justice thereon shall
be forthwith deposited by the person or persons seeking benefit thereby, or
some of them, or some person or persons on their, his, or her behalf, with the
collector of the public cess in such barony or half barony, or the treasurer of
such city or town.
X. And be it further enacted, that at the expiration of three calendar
months next after the date of any such order of such justice application shall
be made by such baronial collector or treasurer to the justice who shall have
made such order, or to such other justice of the peace acting in and for silch
barony or half barony, city, or town who shall reside nearest to the then place
of residence of such family ; and on production of the original certificate afore-
said and of the order so first made thereon it shall be lawful for such justice
to make a' fresh enquiry on oath in manner aforesaid into the circumstances
of such family ; and if such circumstances are not altered such justice shall
on the back of such original certificate and at the foot of such first order sign
his name in afiSrmance and renewal of the same, with the date of the month
and year ; or if it shall be made appear to such justice that the circumstances
of such family are any way altered such justice shall make a new oi*der for
such allowance as aforesaid, specifying the names ancT ages of each person of
such family entitled to the same at the time of such order ; and so after the
AD. 1811. 51 George TIL c 78. 663
expiration of every three calendar months a like enquiry and order shall fix>m
time to time be made and renewed or altered by such justice of such barony
or half barony, city, or town as shall be resident nearest to the place of resi-
dence of such family, so long as any such allowance shall be claimed on behalf
of such family.
XL And be it further enacted, that every such baronial collector or Orders and
treasurer shall from time to time within three days after any such order *£ g^Mbe'ront
or orders shall be made by such justice prepare and sign an abstract of every by bftronial
such order, and shall forthwith deliver or send such abstract duly dated by ^^0?^)^
him to the collector of his Majesty's excise for the district in which the lectors of ex-
barony, half barony, city, or town ^all be situate, together with such certifi- ^itewi^
cate and the order thereupon ; and such collector of excise having compared the orders and
such abstract with such order shall, if the same shall agree therewith, counter- g^ts m*
sign such order, and shall forthwith restore the same to such baronial collector ▼ouchers for
or treasurer, or to the pei^on by whom the same was sent, and shall then
countersign and file such abstract, and shall keep the same as a voucher for
his future payments in manner herein-after mentioned.
XXL Ai^D be it further enacted, that every such baronial collector or Baronial col-
treasurer, on obtaining any such order countersigned by such collector of obtaSngguch
excise, shall from time to time pay the several allowances mentioned in such orders connter-
order.to such family, until the expiration of three calendar months next after ^^^
the date of such order, except in the cases herein-aftier mentioned.
Xin. Provided always, and be it enacted, that the allowances under and Allowances
by virtue of tliis Act shall be claimed and paid monthly on the twenty-fourth ^ ^^ ^^* ®*
day of every month, or on such subsequent day as the same shall be duly
demanded, being not more than fourteen days after such twenty-fourth day of
each month ; and that the first allowances under this Act shall become due on
the twenty-fourth day of July one thousand eight hundred and eleven ; and
that no wife of any such militia-man, nor any other person on behalf of such
wife or of the family of any such militia-man, shall be entitled to receive at
any one time more than one month's allowance to such wife and family under
or by virtue of this Act.
XIV. And be it further enacted, that every such monthly allowance to be Allowances
paid under this Act by any baronial collector or treasurer respectively to the STcoSe^rs""
family of any militia-man shall be repaid quarterly to such baronial collector to b^ repaid
and treasurer respectively by the collector of his Majesty's exdse for the JoUectowof
district in which such barony, half barony, city, or town shall be situate, out excise;
of any public money in his hands, upon such baronial collector or treasurer
respectively producing and delivering to such collector, of excise an account
in writing, verified by his affidavit, of all sums so paid by him, setting forth
in alphabetical order the names of all militia-men to or for whose families
any such payments shall have been made, with the date and amount of each
payment and to whom made; and the sums so paid by such collector of who shall on
excise shall be allowed to him in his accounts, upon sudi collector of excise ?^h^|^
producing such accounts so verified, together with the receipts of such baronial allowed the
collector or treasurer at the foot thereof respectively, and also the several ■'™*P**"-
other documents by this Act required to be kept by him.
XV. Provided always, and be it further enacted, that if at any time such if necessary,
baronial collector or treasurer shaU not have in his hands sufficient money for excise shall
664 61 George IIL a 78. A-D. 18U.
xiuike monthly payment of the several sums so directed to be paid by him as aforesaid^ such
b^niarcS- baronial collector or treasurer shall and may and is hereby required fh)m time
lectors of sums to time as occasion shall require to certify the same to the collector of excise
aiSw^c^.^*^ for the district ; and it shall thereupon be lawful for such collector of excise,
and he is hereby authorized and required, to remit or pay out of such public
monies as may be in his hands to the said baronial collector or treasurer
respectively, at least once in every month if required, a sum sufficient to
satisfy and pay the monthly amount of the sums which shall then be payable
under and by virtue of the several abstracts which shall then be in possession
of such collector of excise under the provisions of this Act.
No payments XVI. And be it further enacted, that it shall not be lawful for any such
fn advMiee by coUectot of excise to pay or remit to any such baronial collector or treasurer
collectors of any sum whatsoever in advance for or towards the payment "of any allow-
baroniai col- ances under this Act, until such collector of excise shall have received from
lectors produce g^ch baronial collector or treasurer one or more account or accounts in
application of writing, signed and verified by an affidavit before some justice of the peace
sums pre- j^y g^^ baronial collector or treasurer as aforesaid, of the application of each
Tiouslj' ad- •' ' rr
vanced. and every sum and sums, if any, previously advanced by such oollector of
excise to such baronial collector or treasurer respectively, setting forth in
alphabetical order the name^' of aU militil^tilien to or for whose families any
such payments shall have been made by such baronial collector or treasurer,
together with the date and amoxint of each payment, and to whom was made ;
and no sum advanced by any coUectbr of excise for any of the said purposes
shall be allow'ed him until such aoeoiiat so verified of the application of eyeiy
former advance made by him to the same person shaJI be produced and
delivered by such collector of excise to the proper officer or officers whose
duty it shall be to audit or settle his accounts.
Abstracts of XVII. AND be it further enacted, that every suchr baronial collector shall
Uid^l^fore transmit to the derk of the peace of the county within which the barony for
quarter ses- which he is collector shall be situate, and the treasurer of any city or town
set aside op"**^ shall transmit to the clerk of the peace thereof, three days previous to each
alter an J order, quarter sessions, an abstract of all orders which he shall have received as
aforesaid since the last preceding quarter sessions, to be by the said derk of
the peace laid before the justices at such sessions; and it shall be lawful for
the justices there to set aside or alter any such order of any such justice as
aforesaid which uponTdue enquiry in open court upon oath shall appear* to
have been fraudulently obtained or not to be warranted by this Act ; and
in any such case such justices at such sessions shall make an order that such
baronial collector or treasurer shall bring in or cause to be brought in the
order of such justice, and deliver the same to the clerk of the peace for such
county, city, or town ; and such collector or treasurer shall, within seven days
after the service of such order on him bring in and deliver or cause to be
brought in and delivered [the said order of the said justice accordingly to such
derk of the peace, who shall then cancel the said order if the same 'shaU be
wholly set aside, or if the same shall be altered he shall write under same
a copy of the otder for altering the same, and shall in that case restore the
same to such baronial collector or treasurer, who shall proceed thereupon, and
the same shall be countersigned^ in the same manner in all respects as herein-
before directed with respect to any such order as aforesaid.
A.D. 1811. 51 Qeoroe III c. 78. 655
XVin. Provided always, and be it enacted, that if such baronial collector Allowances to
or treasurer respectively shall have reason to believe, or shall receive notice lessened by ^
from the collector of excise of the district that he has reason to believe, that j^ro^iai col-
by the death of any of the family of any militia-man or by any other drcum- ing to circum-
stance the allowance to such family ought to be stopped or lessened in "*^<^*
amount, then and in either of such cases it shall be lawful for such baronial
collector or treasurer, and he is hereby required, to stop or lessen such allowance
accordingly, until the justice of the peace residing nearest to the residence of
such family as aforesaid shall direct him otherwise by writing under his hand
and seal
XIX. Provided also, and be it farther enacted, that no allowance shall be Allowance to
ordered or paid under this Act to the wife or family of any person serving in whSemmtuL
the militia for any longer period than such person shall continue to serve and ™*» ienres,
remain embodied in actual service, nor in any case while the wife in respect the wife IbUowi
of or by whom any such relief is demanded shall follow the regiment, the regiment,
battalion, or corps in which her husband shall serve.
XX, And be it further enacted, that every serjeant, corporal, drummer, and Accounts of ^
private to whom such certificate shall have been given shall on or after the Jj^ ^^^ ^
first and before the sixth day of every month deliver or cause to be delivered miBtiarnien to
to the adjutant of his regiment, or i^y the person acting as such, a return or eyoynionth.
account in writing, subscribed by himself either with his name or mark,
and stating whether since the obtaining such certificate or since his last
return any, and if any, then how many and which of his family, and of what
names and ages respectively, have or hath died or have or hath received
or become entitled to any and what maintenance, provision, or property, and
to what amount, and whether his wife, if he be married, follows the regiment ;
and every change that shall have taken place in any of the said respects in
the fieonily of any such militia-man shall be noted by such adjutant in his
re^ster aforesaid, according to such return, or according to the truth, if the
same shall have come to his knowledge by any other means.
XXL And be it further enacted, that the adjutant of every r^pment, bat- Adjutant to
talion, or corps of the said militia shall, within four days^after the sixth day of ^SuTof^
every month during the time the militia to which he shall belong shall remain state of fiuDiUes
embodied or in actual service, draw out a return for each and every collector %miend^^
of excise within whose^district the fSunily of any militia-man in his regiment <^> ^ ^ ^^^'
entitled to any of the said allowances shall reside, and shall in every such eoflecton.
return set forth an alphabetical list of the names of all the Serjeants, corporals,
drummers, and privates in his regiment whose families are so entitled and reside
within such district ; and also a distinct statement of such promotions and
vacancies, and of such deaths and desertions, and other casualties (if any) as
may have occurred among such miUtia-men of the said regiment ; and aJao of
sudh of their wives as may have joined the lament since the last return,
and of all such other alterations as may have taken place in the fSunily of any
of the said militia-men in manner herein-before mentioned ; and if no such
promotion, vacancy, death, or desertion, casualty or alteration, shall have
happened, then such adjutant shall by such return certify to that effect; and
every such adjutant shall within the said four days enclose all the said
returns which he shall have so drawn out to the secretary of the commis-
666 51 George III. c. 78. A.D. 1811.
. sioners of excise in Dublin, who shall cause the same to be forwarded to
the collectors of excise respectively as speedily as maybe.
Collectors shall XXII. And be it enacted, that every such collector of excise shall imme-
and send copies diately on the receipt of any such return transmit to the said secretary a
of returns to -written acknowledgement of the receipt thereof, specifying the date thereof^
lectors, i^ho and shall forthwith enter at the foot of each abstract so filed by him as
chim ^*at aforesaid all new matters respectively which shall be noted in such retain
the foot of the as aforesaid, and shall thereupon file the said return, and send or deliver to
b^^the justices ®^^^ baronial collector or treasurer in his district a copy of so much of the
said return as relates to his barony or half barony, city, or town respectively ;
and such baronial collector or treasurer shall enter the new matters therein
contained at the foot of the orders made by justices of peace so kept by him
respectively.
No payment to XXIII. AND be it further enacted, that no payment shall be made by any
baronial col- ^uch baroi^ial coUector or treasurer to the family of any militia-man until he
lectors until shall have received fi:om the collector of excise such copy extracted from such
are received return as aforesaid for the preceding month ; and from and after the end of
fh)m collectors every three calendar months from the date of any order of a justice, or of the
No'^J^'entto J"^*^^« ^^ ^^^^^« ^ aforesaid, no payment shall be made by any such
be made after baronial Collector or treasurer to the family of any militia-man until a new
^freXoiSer ^^^^ ^^ a justice of the peace as aforesaid shall have been received by such
received. baronial collector or treasurer in manner aforesaid.
Payments to XXIV. And be it further enacted, that when any such entry shall be duly
corSnc^o*' made at the foot of such order or abstract, or any alteration shall be made
orders as in any such order, then and from thenceforth such monthly sum and no other
retrasorby shall be paid and payable to the family therein mentioned as would have
orders of been payable to the said family by the provisions of this Act if an order for
JUS ces. payment had been made and given by a justice according to the circumstances
of such family at the time of making such entry or alteration.
Recompence to iXXY.^I And be it further enacted, that in order to recompence the said
^tors^foT^' baronial collectors and treasurers of cities or towns for the trouble and expence
their trouble, which they may severally incur by virtue of this Act it shall be lawful for the
^e^cnt.^^ grand jury of each county, city, or town at each assizes, and for the grand
juries of thie county of Dublin and county of the city of Dublin at each
presenting term, to present any sums they shall think reasonable to be raised
off the counties at large, counties of cities, or counties of towns, to be applied
and paid as such grand juries shall direct to the said respective collectors and
treasurers, over and above all sums or allowances to which they or any of
them are or may be entitled by virtue of any other law or .laws then in force,
as a reward for their trouble and expence in carrying the provisions of this
Act into execution : Provided always, that such grand jury shall be satisfied
by the affidavits of such collectors and treasurers respectively that such
collectors and treasurers have duly paid the several allowances to the families
of militia-men in manner directed by this Act : And provided also, that the
sum so to be presented shall not exceed five per centum on the sums paid by
such collector or treasurer since the last preceding assizes or presenting term.
Y Bep.| except as to the county of the city of Dublin, Stat. Law Bev. Act, 1873*1
A.D. 1811. 51 Oboboe hi. c. 78. 657
XXYL Anb be it further enacted, that if any collector of a baronial com. Penalty on
treasorer, derk of the peace, officer of the peace, collector of excwe respectively, ^SSri a^for
shall wilfully n^lect or refuse to carry the provisions of this Act or any of n«gU$et of
them into execution, and shall be thereof convicted on presentment or indict* '^^^'
roent at the assizes, or, if in the county or diy of Dublin, in the Court of Eing^s
Bench, eveiy such person so offending shall be fined at the discretion of the
court any sum not exceeding fifty pounda
XXVn. And be it further enacted, that if any collector of the baronial PcoftHy on
cess, or treasurer of a city or town, shall on demand duly made refuse or ^^^ oMdeet-
neglect to pay and satisfy any sum or sums of money then payable by him to lufr ^^ v^j <^
the family of any militia-man by virtue of this Act, every sudi collector or \^famif (A
treasurer so refusing or neglecting to make such payment shall for every such ^'J niWnm^
neglect forfeit the sum of five pounds, to be reeovered upon cfnmddfm of the
said aSeskAsx before any justice of the peace for the county, city, or place
where the offence shall be ccnumitted ; which said justice is hereby authorized
and required upon information exhibited or complaint made by the party
aggrieved in that behalf to summon the party accused, and to examine into
the matter of fiict, and upon proof tikesrect upon the oath of one wiioem, not
being the partf oititled to receive sodi sum or sums of money, to give judge-
ment for sndi penalty, to be levied by dislress and sale of the dKmdei's goodit
andehattebyin ease the same shall not be fisrthwith paid, by warrant under tli«
hand and seal of sodi justice, fauising the overplus (if any^ after deducting the
chaiges of audi distress and sale to be rendered to the party, and the penalty
so adjudged shall be paid to the use of the party so aggrieved as aforeaai^L
JULVJUL AsD be it fnarted, that evoj sodi eonvictioa fifaall be in tli^ v**m Utm^
form liei:B fiDDowing, or in some other form of wards of the same import; ''^'^'^^'
(thai is to say,)
T>E it reasembeied, that A^ coifeetor ofcoa in the baiooy of
-^ in the cooty of [or treasorer of the eoonty of the city, or
town of . as the caae may be^ is eonvicted beibre me CD. one
of the justieea of the peace for the wd comity, of not having jmd tlM; aliow-
ance on the day of faut pa«t to the ttUillj '4
, a aojeant [tfMy/nl, dnunmer, fsiraie, aji the eaAe »dty W^
aetoaify «rfing in the reginMSt of suiitia^ alihion^i the mum; wa^i
dniy dfindfd of him on the daty of bu^ pm^ Hi\*Mm
mj hand 9mA ual tLis day of in u^, j^m
And every mch currictkn in tl^ savl fom, cr any od;<^ ifxv^ ^t tLe «iim;
uBBport, dhall be ^^A and wiSSfinut in hnr^
XXEL AsD be: it enacted, that al] and enrw a&iavit* 9tA i&raxx }jriL'j^ ^^^-'^ '* '^^ ^
Act lenaiigfl v^ he m^ie; takai, or yrAigfA ilaul tan vjlj *^, au>rSe tM:/t^ ,-. .f.^>
any JHtice <^ tLe fitnee wiilin L» yr/^ jTtMot&A ; and "joA evvry y^fnf^ i ^^ tw^nfnr
who shall wwftaar h^ir in acv a&iarij Tvr:snA ^jr arKAori2i*ri \j v.j* A*f. V/ '^ ^ v«»-*«i
be taken lanZ, "in bcc:^ ^je^riftuA Hb^atf/i, \^ arf/vis^ ?~*-*^7 '''' i9 '-:*•« a^i-l
cuaiiA pcffizj. asii \^ yss£jhi^ acer^iaisgiy.
XXX. Axn ler h ^mwtffL. liaA a ia^ ^nui^Bj «a«l ie <v»e«iefl tmi Vbicen v> f:*i/ iMnoy
he n hanny ^^ aZl iLe pcrvsaea U vLa Aet^ ^ J^^ftTiw
!«• rr 7 ?
658 51 Qbobge IIL c. 100. A.D. 1811.
CHAPTER C.
An Act to amend an Act passed in the Thirty-eighth Year of His pxeseni
Majesty's Beign, intituled " Ad Act to regulate the Trial of Causes, In-
" dictments, and other Proceedings which arise within the Counties of
" certain Cities and Towns Corporate within this Kingdom.
[26th June 1811.]
TTTHEREAS by an Act of Parliament made and passed in the thirty-
Reatal of T T eighth year of the reign of his present Majesty, intituled " An Act to
88 Geo. 3. c 52. ^^ ^^^^^^^^ ^^ ^^ ^^ ^^^^ indictments, and other proceedings which arise
" within the counties of certain cities and towns corporate within this king-
" dom," it is amongst other things enacted, that it should and might be lawful
for any prosecutor or prosecutors to prefer his, her, or their bill or bills of
indictment for any offence or offences committed or chaiged to be committed
within the county of any city or town corporate to the jury of the county
next adjoining to the coxmty of such city or town corporate, sworn and
charged to enquire for the King for the body of such adjoining county, at any
sessions of oyer and terminer or general gaol delivery ; and that every sack
bill of indictment found to be a true bill by such jury should be valid and
effectual in law as if the sanae had been found to be a true bill by any jory
sworn and charged to enquire for the King for the body of the county of such
city or town corporate : And "whereas it was further provided by the said
recited Act, that if it should appear in the manner therein mentioned to any
court of oyer and terminer or general gaol delivery for the county of any dty
or town corporate that any indictment found by any grand jury of the county
of such city or town corporate, or any inquisition taken before the coroner or
coroners of the county of such city or town corporate, or other franchise, was
fit and proper to be tried by a jury of any next adjoining county, that the
same proceedings and trial should be had and the same judgment should be
given as would and might be had and given in cases of indictments or inqui-
sitions for the like offences conmiitted within such next adjoining counties ;
but no power was given in cases of conviction in pursuance of any of the
provisions in the said recited Act of ordering the execution of the sentence in
the coimty of the city or town corporate within which the offence had been
committed and was charged to have been committed : And whereas it may be
fit and expedient that in such cases the punishment should be inflicted and
the sentences put in execution in the respective counties of the cities or towns
corporate where such offences had been so committed : May it therefore please
your Majesty that it may be enacted, and be it enacted by the King'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
In cases of con- authority of the same, that from and after the passing of this Act it shall
recited Act, ^^^ ^^Y ^ lawful for the court before which any conviction shall have taken
the sentence place in pursuance of the provisions of the said recited Act to order every
mav be exA>
cnted either such couvict to be punishcd according to law, either within the county where
^ r S^th'"^*^ ®^^^ conviction shall have taken place, or within the county of the city or
county of the town Corporate wherein such offence shall have been committed ; and in cases
coro^rate^ where the court shall order such convict to be punished within the county of
such city or town corporate it shall and may be lawful for the court> after
A.D. 1811. 51 George ni a 100, 108. 659
passing sentenoe upon every such convicfc or convicts, to order him, her, or
them to be delivered into tixe custody of the sheriff or sheriffs, gaoler or other
proper officer or officers of the county of such city or town corporate, and the
sheriff or sheriffs, gaoler or other proper officer or officers of the county of such
city or town corporate is and are hereby commanded to receive into his or '
their custody every such convict or convicts^ and to execute the sentence so
passed upon him, her, and them in such adjoining county, as if he, she, or they
had been tried and had received such sentence in the county of such city or
town corporate.
n. Anb whereas it is provided by the said in part recited Act that in all
cases of indictments and other proceedings which may be tried before his
Majesty's justices of oyer and terminer or general gaol delivery for any
county in pursuance of the provisions contained in the said Act it should and
might be lawful for such justices to order the expenees of the prosecution
and of the witnesses, and of the several rewards payable in pursuance of the
statutes in such cases made and provided on the conviction of offenders, to be
paid by and to the same persons and in the same manner as the same would
have been payable if sach indictment had been tried in the court of oyer and
terminer or. general gaol delivery of .the county of such city or town cor«
porate : And whereas it is. just and expedient that a similar provision should
be made for the payment of all other expences which may be incurred by any
such adjoining county in relation to any person who may be tried or removed
for trial to suqh adjoining county for any offence committed or charged to
have been committed in the oovnty of any such city or town porporate : Be
it therefore epacted, that it shall and may be lawful for the justices of oyer All expemes
and terminer or general gaol delivery, at any session thereof holden for such ^^^1^
county, and they are hereby required, to order all expences whatsoever in- relation to
curred by su^ county in relation to any person who shall be tried' in such ^^^^ in
county or removed thither for trial for any offence committed or charged to acoanty of a
have been committed within the county d any such city or town corporate, ^^^Jato^
as well in maintaining and supporting such person and carrying the sentence ^ repaid by
into execution as in any other respect, to be repaid to the treasurer of such thecitjortown
countjr or other person acting as . treasurer qf such county, or who shall have conwra*®-
actually paid such expences, by the same person or persons and in the same
manner as the same would have been payable if such offender or supposed
offender had remained in the county of such city or town corporate, and had
been tried in the court of oyer and terminer or general gaol delivery of the
county of such city or town corporate, and as if the sentence with respect to
such offender had been carried into execution within the county of such city
or town corporate.
CHAPTER CHI.
Ak Act to authorize the allowing Officers to retire on Half Pay or other
Allowances, under certain Restrictions. [26th June 1811.]
VJkT HEREAS it is expedient and necessary that better provision should be
^* made for ^ the retirement of officers disabled by wounds^ or rendered
inca{>able of service by age, ill healthy or infirmity, and also for enabling
officers removed from the permanent staff of the quarter master general to
TT 2
658
51 George III. a 100.
A.D. 1811.
Recital of
88 Geo. 3. c 52.
In cases of con-
viction under
recited Act,
the sentence
may be exe-
cuted either
in the county
or in the
county of the
city or town
corporate.
CHAPTER C.
An Act to amend an Act passed in the Thirty-eighth Year of His present
Majesty's Beign, intituled '' An Act to regulate the Trial of Causes, In-
" dictments, and other Proceedings which arise within the Counties of
'^ certain Cities and Towns Corporate within this Kingdom.
[26th June 1811.]
TTTHEREAS by an Act of Parliament made and passed in the thirty-
y ^ eighth year of the reign of his present Majesty, intituled " An Act to
'* regulate the trial of causes, indictments, and other proceedings which arise
" within the counties of certain cities and towns corporate within this king-
" dom," it is amongst other things enacted, that it should and might be lawfal
for any prosecutor or prosecutors to prefer his, her, or their bill or bills of
indictment for any offence or offences committed or chaiged to be committed
within the county of any city or town corporate to the jury of the counly
next adjoining to the county of such city or town corporate, sworn and
charged to enquire for the King for the body of such adjoining county, at any
sessions of oyer and terminer or general gaol delivery ; and that eveny sadi
bill of indictment found to be a true bill by such jury should be valid and
effectual in law sus if the same had been found to be a true bill by any juiy
sworn and charged to enquire for the King for the body of the county of such
city or town corporate : And whereas it was further provided by the said
recited Act, that if it should appear in the manner therein mentioned to any
court of oyer and terminer or general gaol delivery for the county of any city
or town corporate that any indictment found by any grand jury of the coimiy
of such city or town corporate, or any inquisition taken before the coroner or
coroners of the county of such city or town corporate, or other firanchise, was
fit and proper to be tried by a jury of any next adjoining county, that the
same proceedings and trial should be had and the same judgment should be
given as would and might be had and given in cases of indictments or inqui-
sitions for the like offences committed within such next adjoining counties ;
but no power was given in cases of. conviction in pursuance of any of iie
provisions in the said recited Act of ordering the execution of the sentence in
the coimty of the city or town corporate within which the offence had been
committed and was charged to have been committed : And whereas it may be
fit and expedient that in such cases the punishment should be inflicted and
the sentences put in execution in the respective counties of the cities or towns
corporate where such offences had been so committed : May it therefore please
your Majesty that it may be enacted, and be it enacted by the King'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 from and after the passing of this Act it shall
and may be lawful for the court before which any conviction shall have taken
place in pursuance of the provisions of the said recited Act to order every
such convict to be punished according to law, either within the county where
such conviction shall have taken place, or within the county of th^ city or
town corporate wherein such offence shall have been committed ; and in cases
where the court shall order such convict to be punished within the county of
such city or town corporate it shall and may be lawful for the court, after
A.D. 1811. 51 George UL a 10(), 108. 669
passing sentenoe upon every such convict or convicts, to order him, her, or
them to be delivered into tixe custody of the sheriff or sheriffs, gaoler or other
proper oflBcer or officers of the county of such city or town corporate, and the
sheriff or sheriffs, gaoler or other proper officer or officers of the county of such
city or town corporate is and are hereby commanded to receive into his or '
their custody every such convict or convicts, and to execute the sentence so
passed upon him^ her, and them in such adjoining county, as if he, she, or they
had been tried and had received such sentence in the county of such city or
town corporate.
II. Anb whereas it is provided by the said in part recited Act that in all
eases of indictments and other proceedings which may be tried before his
Majesty's justices of oyer and terminer or general gaol delivery for any
county in pursuance of the provisions contained in the said Act it should and
might be lawful for such justices to order the expenees of the prosecution
and of the witnesses, and of the several rewards payable in pursuance of the
statutes in such cases made and provided on the conviction of offmders, to be
paid by and to the same persons and in the same manner as the same would
have been payable if such indictment had been tried in the court of oyer and
terminer or general gaol delivery of .the county of such city or town cor«
porate : And whereas it is. just and expedient that a similar provision should
be made for the payment of all other expences which may be incurred by any
such adjoining county in relation to any person who may be tried or removed
for trial to such adjoining county for any offence committed or charged to
have bean committed in the oovnty of any such city or town corporate : Be
it therefore euacted, that it shall and may be lawful for the justices of oyer All expenses
and terminer or general gaol delivery, at any session thereof holden for such ^^^1^
county, and they are hereby required, to order all expences whatsoever in- relation to
curred by su^h county in relatioYi to any person who shall be tried in such ^/^^^ in
county or removed thither for trial for any offence committed or charged to a county of a
have been committed within the county of any such city or town corporate, ^^^^Jate^
as well in maintaining and supporting such person and carrying the sentence ^ repaid by
into execution as in any other respect, to be repaid to the treasurer of such the city or town
county or other person acting as treasurer of such county, or who shall have corporate,
actually paid such expences, by the same person or persons and in the same
manner as the same would have been payable if such offender or supposed
offender had remained in the county of such city or town corporate, and had
been tried in the court of oyer and terminer or general gaol delivery of the
county of such city or town corporate, and as if the sentence with respect to
such offender had been carried into execution within the county of such city
or town corporate.
CHAPTER CHI.
An Act to authorize the allowing Officers to retire on Half Pay or other
Allowances, under certain Bestrictions. [26th June 1811.]
XTTTHEREAS it is expedient and necessary that better provision shoxdd be
^ * made for. the retirement of officers disabled by wounds, or rendered
incapable of service by age, ill healthy or infirmity, and also for enabling
officers removed fix)m the permanent staff of the quarter master general to
TT 2
658
51 Geobge IIL a 100.
A-I>. 181L
Becital of
88 Geo. 3. c 52.
In cases of con-
Tiction under
recited Act,
the sentence
may be exe^
cnted either
in the county
or in the
county of the
city or town
corporate.
CHAPTER C.
An Act to amend an Act passed in the Thirty-eighth Year of His present
Majesty's Beign, intituled '' An Act to regulate the Trial of Causes, In-
" dictments, and other Proceedings which arise within the Counties of
'^ certain Cities and Towns Corporate within this Kingdom.
[26th Juae 1811.]
TTTHEREAS by an Act of Parliament made and passed in the thirty-
y ^ eighth year of the reign of his present Majesty, intituled " An Act to
^' regulate the trial of causes, indictments, and other proceedings which arise
" within the counties of certain cities and towns corporate within this king-
" dom,'' it is amongst other things enacted, that it should and might be lawfol
for any prosecutor or prosecutors to prefer his, her, or their bill or bills of
indictment for any offence or offences committed or chaiged to be committed
within the county of any city or town corporate to the jury of the county
next adjoining to the coxmty of such city or town corporate, sworn and
charged to enquire for the King for the body of such adjoining county, at any
sessions of oyer and terminer or general gaol delivery ; and that every such
biQ of indictment found to be a true bill by such jury should be valid and
effectual in law as if the same had been found to be a true bill by any jury
sworn and charged to enquire for the King for the body of the county of such
city or town corporate : And whereas it was further provided by the said
recited Aot, that if it should appear in the manner therein mentioned to any
court of oyer and terminer or general gaol delivery for the county of any city
or town corporate that any indictment foimd by any grand jury of the county
of such city or town corporate, or any inquisition taken before the coroner or
coroners of the county of such city or town corporate, or other franchise, was
fit and proper to be tried by a jury of any next adjoining county, that the
same proceedings and trial should be had and the same judgment should be
given as would and might be had and given in cases of indictments or inqui-
sitions for the like offences committed within such next adjoining counties ;
but no power was given in cases of conviction in pursuance of any of the
provisions in the said recited Act of ordering the execution of the sentence in
the coimty of the city or town corporate within which the offence had been
committed and was charged to have been committed : And whereas it may be
fit and expedient that in such cases the punishment should be inflicted and
the sentences put in execution in the respective counties of the cities or towns
corporate where such offences had been so committed : May it therefore please
your Majesty that it may be enacted, and be it enacted by the King'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 from and after the passing of this Act it shall
and may be lawful for the court before which any conviction shall have taken
place in pursuance of the provisions of the said recited Act to order every
such convict to be punished according to law, either within the county where
such conviction shall have taken place, or within the county of the city or
town corporate wherein such offence shall have been committed ; and in cases
where the court shall order such convict to be punished within the county of
such city or town corporate it shall and may be lawful for the court, after
A.D. 1811. 61 George ni a 100, 108. 669
passing sentence upon every such convicfc or convicts, to order him, her, or
thenx to be delivered into the custody of the sheriff or sherifTs, gaoler or other
proper officer or officers of the county of such city or town corporate, aud the
sheriff or sheriffs, gaoler or other proper officer or officers of the county of such
city or town corporate is and are hereby commanded to receive into his or '
their custody every such convict or convicts, and to execute the sentence so
passed upon him, her, and them in such adjoining county, as if he, she, or they
had been tried aud had received such sentence in the county of such city or
town corporate.
XL Anb whereas it is provided by the said in part recited Act that in all
cases of indictments and other proceedings which may be tried before his
Majesty's justices of oyer and terminer or general gaol delivery for any
county in pursuance of the provisions contained in the said Act it should and
might be lawful for such justices to order the expences of the prosecution
and of the witnesses, and of the several rewards payable in pursuance of the
statutes in such cases made and provided on the conviction of off^iders, to be
paid by and to the same persons and in the same manner as the same would
have been payable if such indictment had been triod in the court of oyer and
terminer or. general gaol delivery of the county of such city or town cor«
poiate : And whereas it is- just and expedient that a similar provision should
be made for the payment of all other expences which may be incurred by any
such adjoining county in relation to any person who may be tried or removed
for trial to such adjoining county for any offence committed or charged to
have been committed in the oovnty of any such city or town corporate : Be
it therefore epacted, that it shall and may be lawful for the justices of oyer All expenses
and terminer or general gaol delivery, at any session thereof holden for such ^^^^ ^
county, and they are hereby required, to order all expences whatsoever in- relation to
curred by su^ county in relation to any person who shall be tried in such ^/^^ces in
county or removed thither for trial for any offence committed or charged to a county of a
have been committed within the county of any such city or town corporate, ^^^nte^
as well in maintaining and supporting such person and carrying the sentence ^ repaid by
into execution as in any other respect, to be repaid to the treasurer of such the dty or town
countjr or other person acting as treasurer of such county, or who shall have corporate,
actually paid such expences, by the same person or persons and in the same
manner as the same would have been payable if such offender or supposed
offender had remained in the county of such city or town corporate, and had
been tried in the court of oyer and terminer or general gaol delivery of the
county of such city or town corporate, and as if the sentence with respect to
such offender had been carried into execution within the county of such city
or town corporate.
CHAPTER CHI.
An Act to authorize the allowing Officers to retire on Half Pay or other
Allowances, under certain Bestrictions. [26th June 1811.]
"YTTHERBAS it is expedient and necessary that better provision should be
*^ made for ^ the retirement of officers disabled by wounds, or rendered
inca{>able of service by age, ill healthy or infirmity, and also for enabling
officers removed fix)m the permanent staff of the quarter master general to
TT 2
660
51 Gboboe III a 103, 114.
A.D. 1811.
His Majesty
may allow
officers unfit
for service to
retire on half
pay;
and may allow
half pay to
officers re-
moved from
permanent staff
of quarter
master general.
Secretary at
War andTrea-
snry to direct
the form of
certificates
necessary in
relation to offi-
cers retiring ;
an account of
the officers
allowed to
retire to he
laid hefore
Parliament.
receive half-pay : May it therefore please your Majesty that it may be enacted,
and be it enacted by the King's most excellent Majesty, by and with the adyioe
and consent of the lords spiritual and temporal, and commons, in this preset
Parliament assembled, and by the authority of the same, that it shall be lawfid
for his Majesty, his heirs and successors, to allow any officer in his Majest/s
service who would be entitled upon the reduction of his regiment, battalion,
or corps, or of his commission in his Majesty'js service to half pay, and who
shall become unfit for service, either from wounds, or ill health, or infirmity,
or age, to be certified to the Secretary at War in manner directed by this Act^
and who shall thereupon be allowed to retire under the provisions of this Act,
to have and receive the half pay of the commission which he shall have held
at the time of his being so allowed to retire, although the regiment in which he
shall have served or the commission which he shall have held shall not be
reduced ; and also to allow any officer removed finom the permanent staff of the
quarter master general to have and receive the half pay of the rank in the army
which he held at the time of being so removed as aforesaid,
• •••••••«
III. And be it further enacted, that it shall be lawful for the Secretary at
War for the time being, and the lord high treasurer or commissioners of his
Majesty's treasury for the time being, or any three or more of them, from
time to time to order and direct the form and nature of the certificates which
shall be given by medical or other persons in relation to officers applying to
retire on half pay , provided that every such certi-
ficate shall state whether the officer by whom the same shall be transmitted
is rendered wholly incapable of serving for life or only for a temporary period,
together with such other particulars as shall be required in that behalf; and
every such certificate shall be registered at the War Office, and an account of
the officers so allowed to retire in each year shall be laid before Parliament
Regiment of
miners of
Cornwall and
Devon liahle to
serve in all
parts of the
United King-
dom.
Oaths to he
taken.
CHAPTER CXIV.
Ak Act to permit the Services of the Regiment of Miners of Cornwall and
Devon to be extended to Ireland. [26th June 1811.]
TTTHEREAS it would conduce to the better defence and security of the
* * United Kingdom if the services of the regiment of miners of the coun-
ties of Cornwall and Devon were extended to all parts of the United Kingdom :
Be it therefore enacted by the King's most excellent Majesty, by and with the advice
and consent of the lords spiritual and temporal, and commons, in this present Farlia-
ment assembled, and by the authority of the same, that all persons who may be com-
missioned, raised, and enrolled in and for the regiment of miners at any time after the
passing of this Act, whether by ballot or otherwise, under any Act now in force or
which may hereafter be in force for raising men for the said regiment, shall be liable to
serve in all parts of the United Kingdom of Great Britain and Ireland ; anj thing con-
tained in any Act relating to the said regiment of miners respectively to &e contrarj
notwithstanding. {Rep., Stat. Law Rev. Act, 1873.}
n. And be it further enacted, that aPter the passing of this Act so much of the
Act passed in the fortj-second year of his present Majesty, intituled ** An Act for
^ repealing an Act made in the thirty-eighth year of the reign of his present Ma-
" jesty, intituled * An Act for raising a hSdj of miners in the counties of ConwaU
^' * and Devon for the defence of the kingdom during the present war/ and for the more
A.D. 1811. 51 Geoboe IIL c. 114. 661
** effectoally raising and regulating a body of miners for the defence of Great Britain/'
as prescribes the form of oaths to be taken by persons ballotted and by substitutes and
volunteers raised under that Act shall be repealed, and instead thereof |Bep., Stat. Law
Rev. Act, 1873.J every person who shall be raised by ballot for the said regi-
ment under any Acts, in force at the passing of this Act or under any future
Act, and appearing and serving in.person, shall take the following oath :
* T A.B. do sincerely promise and swear that I will be faithfiil and bear bathofbai-
* -*- true allegiance to his Majesty King George ; and that I will faithfully ^ ™^'
* serve in the regiment of miners of Cornwall and Devon in any part of the
* United Kingdom of Great Britain and Ireland for the defence of the same
* during the time of five years for which I am enrolled, unless I shall be
* sooner discharged.'
And every person raised under any of the said Acts, either as a substitute,
hired man, or volimteer, or otherwise than by ballot, shall take the following
oath :
* T A.B. do sincerely protoise and swear that I will be faithful and bear Oathof«ub-
* -*- true allegiance to his Majesty King George ; and that I will faithfully yoionte^.
' serve in the regiment of nuners of Cornwall and Devon in any part of the
* United Kingdom of Great Britain and Ireland for the defence of the same
' during the time of five years, or for such further time as the said regiment
' shall remain embodied, if within the space of five years his Majesty shall
*' order and direct the same to be drawn out and embodied, unless I shall be
' sooner discharged'
IIL And be it further enacted, that every person who shall be appointed to oath of ser-
eerve as a Serjeant, corporal, or drunmier in the regiment of miners to be {j^^aod*''*^
established under this Act for extended service shall taj^e the following oath : drammen.
« T A.B. do sincerely promise and swear that I wiU be faithful and bear
' -*-• true allegiance to his Majesty King George ; and that I will faithfully
' serve in the regiment of miners of Cornwall and Devon in any part of the
* United Kingdom for the defence of the same, until I shall be l^ally dis-
' charged.'
lY. And be it further enacted, that the regiment of miners to be raised Proyuionfl of
under this Act shall be raised under the provisions contained in the said ^^^'^^^
recited Act of the forty-second year aforesaid, and in every other Act or Acts reUdng to the
relative to the said regiment of miners, so far as the same or any of them were Jj^JJ^ ^
in force immediately before the passing of this Act and are not hereby altered ; extend to
and all powers and provisions, clauses, matters, and things contained in the
said several Tast-mentioned Acts shall, as far as the same were in force imme*
diately before the passing of this Act, and are applicable and are not hereby
altered or repealed, be in force for the purposes aforesaid, and shall respec-
tively relate to the regiment of miners to be so raised for service in the United
Kingdom, as if the same were expressly re-enacted and contained herein.
• ••••••••
y I. And be it further enacted, that the regiment of miners to be raised in ^^n to be
manner aforesaid for extended service shall be entitled to the same rank, ™^*^' ®f"
privileges, and exemptions, and subject to the same rules and regulations, as shjUibeentiUed
the said regiment of miners now are respectively entitled or .subject to under J? "™® ^^*
any Act or Acts now in force relating to the said raiment. former Acts.
YII. And be it further enacted, that all commissioned officers of the said Officers dis-
regiment of miners whose service shall become extended to all parts of the ^ee cmi^
662
61 0EOBGE III. c 114, 115.
A.T). 1811.
to half pay ;
non-commifl-
sioned officers,
&c. to Chelsea
hospital, and
\ridow8 of offi-
cers killed to
pensions.
Service in
Ireland to be
signified by
the secretary
of stato.
TJnited Kingdom by virtue of this Aci^ who 'shall be disabled in actual service,
shall be entitled to half pay, according to their ranks ; and all non-oommis-
sioned officers, drummers, and private men of such force so disabled shall be en-
titled to the benefit of Chelsea hospital ; and the widows of all such commis-
sioned officers kiUed in service shall be entitled to receive such pensions for life
as are given to widows of officers in his Majesty's regular forces.
IX. And be it further enacted, that no regiment, battalion, or corps of such
miners shall be called upon to serve in Ireland until his Majesty's pleasure
shall have been signified by the secretary of state.
43 Geo. 8.
c. 108.
CHAPTER CXV,
9
An Act for amending the^ Act Forty-third George Third, to promote the
building, repairing, or otherwise providing the Churches and Chapels, and
of Houses for the Residence of Ministers, and the providing of Chureh
Yards and Glebes, pj [26th June 1811.]
"TTTHEREAS by an Act passed in the forty-third year of his present
' \ Majesty's reign, intituled " An Act to promote the building, repairing, or
'^ otherwise providing of churches and chapels, and of houses for the residence
" of miiiisters, and the providing of church yards and glebes," it was enacted,
that every person and persons having in his or their own right any estate or
interest in possession, reversion, or contingency of or in any lands or tenements,
or of any property of or in any goods or chattels, shotdd have full power,
license, and authority by deed inrolled in such manner and within such
time as is directed in England by the statute made in the twentynseventh
year of the reign of King Henry the Eigthth, and in Ireland by the statute
made in the tenth year of the reign of King Charles the First, for inrolment
of bargains and sales, or by his, her, or their last will or testament in imting,
duly executed according to law, such deed or such will or testament being
duly executed three calendar months at least before the death of such grantor
or testator, including the days of the execution and death, to ^ve and grant to
and vest in any person or persons, or body.politic or corporate, and their heirs
and successors respectively, aU such his, her, or their estate, interest, or
pil)perty in such lands or tenements not exceeding five acres, or goods and
chattels, or any part or parts thereof, not exceeding in value five hundred
pounds, for or towards the erecting, rebuilding, repairing, purchasing, or
providing any church or chapel where the liturgy and rites of the said united
church are or shall be used or observed, or any mansion house for the residence
of any minister of the said united church officiating or to officiate in any such
church or chapel, or of any outbuildings, offices, church yard, or glebe for the
same respectively, and to be for those purposes applied according to the will
of the said benefactor in and by such deed enrolled or by such will or testament
executed as aforesaid expressed (the consent and approbation of the ordinaiy
being first obtained), and in default of such direction, limitation, or appoint-
p Bep., so far as relates to the kingdom of Ireland, 14 & 15 Yict c 71.1
AJD. 1811. 51 Gbobgb til c. 116. 663
ment, in such manner as shall be directed and appointed by the patron and
ordinary, with the consent and approbation of the parson, vicar, or other
incumbent ; and such person and persons, bodies politic and corporate, and their
heirs and successors respectively should have full capacity and ability to
purchase, receive, take, hold, and enjoy for the purposes aforesaid, as well from
such persons aa shall be so charitably disposed to give the same as from aU
other persons as shall be willing to sell or alien to such person or persons,
bodies politic or corporate, any lands or tenements, goods or chattels without
any license or writ of ad quod damnum : And whereas doubts have arisen
whether the powers and provisions of the said Act will enable his Majesty to
make any such grant for the purposes before mentioned : And whereas it is
expedient that the powers of the said Act should be extended for that purpose :
Be it therefore enacted by the King'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 the King^s most excellent Majesty, his heirs and successors, shall have His Majesty
full power, license, and authority by deed or writing under the great seal, P*y ^^^ **°^
or under the seal of his duchy and county palatine of Lancaster, to give for building or
and grant and vest in any person or persons, bodies politic or corporate, and ^^^^^^
their heirs and successors respectively, aU such his, her, or their estate, interest, chapel, or any
or property in any lands or tenements within the survey of the court of ^^nceof
Exchequer or of the duchy of Lancaster, for or towards the erecting, rebuilding, a miniBter ;
repairing, purchasing, or providing any church or chapel where the liturgy
and rites of the said united church are or shall be used or observed, or any
mansion house for the residence of any minister of the said imited church offi-
ciating or to officiate in any such church or chapel, or of any outbuildings, offices,
church yard or glebe for the same respectively, and to be for those purposes
applied in and by such deed as aforesaid expressed, the consent and approbation
of the ordinary being first obtained; and such person and persons, bodies
politic and corporate, and their heirs and successors respectively shall have
full capacity and ability to receive, take, hold, and enjoy for the purposes
aforesaid any lands or tenements notwithstanding the statute of Mortmain, or notwithstaDd-
the Act of the first year of her late Majesty Queen Anne, intituled "An Act o^Mort^S,^
" for the better support of her Majesty's household, and the honour and dignity or the Act
'* of the crown," or any other Act or Acts, or other impediment or disability ^ '^'^'
whatsoever : Provided always, that nothing in this Act contained shall extend No grant to
or be construed to extend to enable his Majesty, his heirs and successors, to exceed five
grant more than five acres in any one 'grant for any of the purposes aforesaid,
or to alter or amend any of the provisions of the said Act of the forty-third
year of hiis present Majesty, which are not herein-before specially named and
mentioned.
n. And be it further enacted by the authority aforesaid, that it shall be ^ ^^^fee
lawful for any person or persons, bodies politic or corporate, seized of or simple of any
entitled to the entire and absolute fee simple of any manor, by deed under the ™^^r ™ay
•*■ "^ 1 grant five acres
hand and seal or hands and seals of uny such person or persons, and under the of the waste for
seal or seals ofl any such body or bodies politic or corporate, and inrolled in !^^^^*^
the Court of Chancery, to grant to the rector, vicar, or other minister of any
parish church and his successors, or to the curate or minister of any chapel
and his successors, any parcel or paixjcls of land not exceeding in the whole the
664
51 Qeorob IIL c. 115, 118.
A.D. 1811.
Grants under
this Act to be
only for the
benefit of
parochial
or other duly
consecrated
churches or
chapels of the
united church
of England
and Ireland.
quantity of five statute acres, parcel of the waste of such manor, and lyiog
within the parish where such church or chapel shall be or shall be intended to
be erected, or within any extra parochial district wherein any such chapel
shall be or shall be intended to be erected, for the purpose of erecting thereon
or enlarging any such church or chapel, or for a church yard or butyixig
ground, or enlarging a church yard or burying ground for such parish or exfcra
parochial place, or for a glebe for the rector, vicar, curate, or other minister of
any such church or chapel, to erect a mansion house or other buildings thereon,
or make other conveniences for the re&idence of such rector, vicar, curate, or
other minister, freed and absolutely discharged of and from, all rights of
common thereon, and any statute prohibiting any alienation in mortmain, or
other statute law or custom to the contrary notwithstanding : Provided
always, that no grant whatsoever shall be made of any land whatsoever for
any of the purposes authorised by this Act, unless the church or chapel for the
benefit whereof or of the minister whereof such grant shall be made, shall be
a parochial church or chapel for the service of the united church of England
and Ireland, duly authorized by law, or a church or chapel duly consecrated
for the service of such church, or erected or to be erected for such purpose by
and with the license and consent of the ordinary of the diocese wherein the
same shall be.
Men raised for
the militia
shall be liable
to serve in
any part of
the United
Kingdom.
Oaths to be
taken.
Oath of bal-
lotted men.
CHAPTER CXVIIL
An Act to permit the Interchange of the British and Irish Militias respec*
tively. [1st July 1811.]
"TX7HEREAS it would materially conduce to the better defence and security
^^ of the United Kingdom if the services of the present regular militia of
Qreat Britain and the militia force of Ireland were extended to all parts of
the United Kingdom : Be it therefore enacted by the King^s most excellent Majesty,
by and with the advice and consent of the lords spiritual and temporal, and conunoos,
in this present Parliament assembled, and by the authority of the same, that aU iiersons
who may be commissioned, raised, and enrolled in and for the regular militia of Gre&t
Britain, or in and for the militia of Ireland, at any time after the passing of this Act,
whether by ballot or otherwise, under any Act now in force or wluch may hereafter be
in force for raising men for the said militia, shall be liable to serve in all parts of the
United Kingdom of Great Britain and Ireland ; any thing contained in any Act relating
to the said militias respectively to the contrary notwithstanding. {Rep., Stat. Law Rev.
Act, 1873.1
II. And be it further enacted, that after the passing of -this Act so much of the
Act passed in the forty-second year of his present Majesty, intituled <<An Act for
^' amending the laws relating to the militia in England, and for augmenting the militia,"
so much of another Act passed in the forty-second year, intituled " An Act to raise and
«• establish a militia force in Scotland,'' and so much of an Act passed in the forty-ninth
year of his present Majesty, intituled ''An Act for amending and reducing into one Act
" of Parliament the several laws for raising and training the militia of Ireland," reqwc-
tiyely, as prescribe the form of oaths to be taken by persons ballotted, and by sub-
stitutes and volunteers raised under those respective Acts, shall be repealed ; and
instead thereof {Rep., Stat. Law Rev. Act, 1873. J every person who diall he raised
by ballot for the militia in Qreat Britain or Ireland under any Acts in force
at the passing of this Act, or under any future Act, and appearing and serving
in person, shall take the following oath :
' X AB. do sincerely promise and swear that I will be faithful and bear
* -*- true allegiance to his Majesty King George, and that I will faithfully
A-D. 1811.
51 Gkoege III c. 118.
665
' serve in the militia in any part of the United Kingdom of Great Britain
' and Ireland for the defence of the same during the time of five years for
' which I am enrolled, unless I shall be sooner discharged.'
|And every person raised under any of the said Acts, either as a substitute, hired
man, or volunteer, or otherwise than by ballot, shall take the following oath :
' T A.B. do sincerely promise and swear that I will be faithful and bear
' -^ true allegiance to his Majesty King George, and that I will faithfully
' serve in the militia in any part of the United Kingdom of Great Britain and
' Ireland for the defence of the same during the time of five years, or for
' such farther- time as the militia shall remain embodied, if within the space
' of five years his Majesty shall order and direct the militia to be drawn out
' and embodiedi unless I shall be sooner discharged.'*!
IIL And be it further enacted, that every person who shall be appointed
to serve as a seijeant, corporal, or drummer in the militia to be established
under this Act for extended service, instead of the oath directed to be taken
by any of the said recited Acts by seijeants, corporals, and drummers in the
militia shall take the following oath :
' T A.R do sincerely promise and swear that I will be faithful and bear
' -^ true allegiance to his Majesty King George, and that I will faithfully
' serve in the militia in any part of the United Elingdom for the defence of
' the same until I shall be legally discharged.'
lY. And be it further enacted, that the r^ular militia to be raised under
this Act in England and Scotland, and the militia of Ireland, shall respec-
tively be raised under the provisions contained in the said recited Acts of the
forty-second year aforesaid, and in the said Act of the forty-ninth year afore-
said, and in every other Act or Acts relative to the militias of England,
Scotland, or Ireland, so far as the same or any of them were in force imme-
diately before the passing of this Act, and are not hereby altered ; and aU
powers and provisions, clauses, matters, and things contained in the said
several last-mentioned Acts shall, as far as the same were in force immediately
before the passing of this Act^ and are applicable and are not hereby altered
or repealed, be in force for the purposes aforesaid, and shall respectively
relate to the militia to be so raised in England and Scotland and Ireland for
service in the United Kingdom, as if the same were expressly re-enacted and
contained herein : Provided always, that nothing in this Act shall be con-
strued to extend the provisions of any Acts which relate only to the militia
of England or Scotland respectively to the militia to be raised in Ireland,
nor any of the provisions of any Act which relates to the militia of Ireland
only to the militia to be raised in England or Scotland.
{Y.^} And be it further enacted, that all powers, provisions, clauses, matters,
and things contained in an Act passed in the forty-third year of his present
Majesty, intituled '' An Act for consolidating and amending the several laws
** for providing relief for the families of mUitia-men of England when called out
*^ into actual service ;" and in another Act passed in the forty-ninth year of
his present Majesty, intituled " An Act for providing relief for the wives and
p The part of section 2 enclosed in brackets is rep., so far as it relates to the militia
raised in Great Britain, Stat. Law Rev. Act, 1 873. J
P Section 5 is rep., so far as it relates to 49 Geo. 3. c. 86., and to the militia raised in
England, Stat. Law Rev. Act, 1873.]
Oath of 8ub-
stitotes or
volunteers.
Oath of ser-
jeantA, cor-
porals, and
drummers.
Biilitia under
this Act to be
raised as under
the former
Acts for raising
the English,
Scotch, and
Irish militia.
English or
Scotch Acts
not to extend
to Ireland, nor
yice versA,
Provisions in
43 Geo. 3. c. 47,
49 Geo. S. c. 9C.
4
666
61 George III. c. 118.
A.D. 1811.
and 49 Geo. 3.
c. 86., or in
any other Acts
relative to
granting relief
to families of
inili€a men,
extended to
families of
ballotted men
raised under
this Act.
Acts relating
to men serving
for one part of
the -kingdom
not to extend
to those serving
for other parts.
Force raised
to be called
the militia of
the United
Kingdom, and
to be entitled
to the rank,
&c. granted by
any Acts.
Officers dis-
abled in ser-
vice entitled
to halfopay ;
non-commis-
sioned officers,
&c. to Chelsea
hospital, and
widows of offi-
cers killed to
pensions.
Militia of Great
Britain or
Ireland not to
serve in Ire-
land or Great
Britain until
his Majesty's
pleasure shall
have been
signified.
'^ families of the militia-men in Scotland when called into actual service ;'' and
in another Act passed in the forty-ninth year of his present Majesty, intituled
" An Act to make provision in certain cases for the wives and families of bal-
" lotted men, substitutes, and volunteers serving in the militia of Ireland ;" or
in any other Acts relative to granting relief to the wives and families of
persons serving in the militias of England, Scotland, or Irdand respectively
shall^ as far as the same relate to allowances to the wives and families of
baUotted men, be in force and respectively relate to the wives and families of
persons to be hereafter ballotted to serve and thereupon personally serving
in the militias of England, Scotland, and Ireland under the provisions of this
Act or any future Act : Provided always, that nothing in this Act shall be
construed to extend any of the provisions of any of the said last-mentioned
Acts which relate exclusively to the wives and families of persons serving in
the militia of one of the said parts of the "United Kingdom to the wives and
families of persons to be hereafter raised in either of the said other parts of
the United Kingdom for service in the United Kingdom.
VI. Akd be it further enacted, that the force to be raised in England,
Scotland, and Ireland in manner aforesaid for extended -service shall be
called " the militia of the United Kingdom ;" and the parts of it to bo raised
in Great Britain or Ireland shall be respectively entitled to the same rank,
privileges, and exemptions, civil, military, and religious, and subject to the
same rules and regulations, as the said militias now are respectively entitled
or subject to under any Act or Acts now in force relating to the militia of
Great Britain or Ireland, or any other Act or Acts of Parliament whatsoever
respectively.
VII. And be it further enacted, that all commissioned officers of the said
militias whose service shall become extended to aU parts of the United King-
dom by virtue of this Act, who shall be disabled in actual service, shall be
entitled to half-pay according to their ranks; and all non-commissioned
officers, drummers, and private men of such force so disabled fehall be entitled
to the benefit of Chelsea hospital ; and the widows of all such commissioned
officers killed in service shall be entitled to receive such pensions for life as
are given to widows of officers in his Majesty's regular forces.
X. And be it further enacted, that no regiment, battalion, or corps of the
militia of Great Britain shall be called upon to serve in Ireland, nor any
regiment, battalion, or corps of Irish militia shall be called upon to serve in
Great Britain, imtil his Mcgesty's pleasure shall have been signified by the
secretary of state, or by the lord lieutenant or other chief governor or
governors of Ireland as the case may be.
667
APPENDIX.
CONTENTS.
Page
24 Geo. 2. c. 44. Pftytection of Justices of the Peaoe> &c. .... 667
9 Geo. 3. c. 29. Destruction of Mills^ &c. ----- . 669
13 Geo. 3. e. 78. Regulation of Highways ------ 670
27 Geo. 3. c. 1. Suppression of unlawful Lotteries - . . . . 709
24 GEOEGE II. A.D. 1750-1.
[CHAPTER XUV.]
An Act for the rendering Justices of the Peace more safe in the Execution
of their Office ; and for indenmifying Constables and others acting in
obedience to their Warrants.^}
W'HEREAS justices of the peace are discouraged in the execution of their office
by Ycxatious actions brought against them for or bj reason of small and involun-
tary errors in their proceedings : And whereas it is necessary that they should be (as
fiir as is consistent with justice and the safety and liberty of the subjects over whom
their authority extends) rendered safe in the execution of the said office and trust :
And whereas it is also necessary that the subjects should be protected from all wilful
and oppressive abuse of the several laws and statutes committed to the care and execu-
tion of the said justices of the peace : Be it enacted by the King'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 writ to
firom and after the twenty-fourth day of June one thousand seven hundred and fifty-one he raed ont
no writ shall be sued out against nor anv copy of any process at the suit of a subject shall fg^p^^^^j
be served on any justice of the peace K>r anything by him done in the execution of his h^g^udo in *
office, until notice in writing of such intended writ or process shall have been delivered the execution
to him, or left at the usual place of his abode, by the attorney or agent for the party of his office
wiio intends to sue or caused the same to be sued out or served, at least one calenditf uptil notice be
month before the suing out or serving the same ; in whidi notice shall be clearly and CP^^ ^^ >
explicitly contained the cause of action which such party bsth or claimeth to have
against such justice of the peace ; on the back of which notice shall be indorsed the
name of such attorney or agent, together with the place of his abode, who shall be
intitled to have the fee of twenty shillings for the preparing and serving such notice,
and no more.
[II.] And be it ^rther enacted, that it shall and may be lawful to and for such ^nd he may
justice of the peace at any time within one calendar month after such notice given as *^^^ ameodf;
aforesaid to tender amends to the party complaining, or to his or her agent or attorney,
and in case the same is not accepted to pleEid such tender in bar to any action to be sod plead the
brought against him grounded on such writ or process, together with tte plea of not "^™^ ^ ^'^
^ the action, &c
p The provisions of this Act are extended by 42 Geo. 3. c. 91. s. 166. to lieutenants and
deputy lieutenants in Scotland acting in the execution of that Act, in like manner and as fully
and effectually as the same extend to justices of the peace acting in the execution of then*
office. So much of the Act as relates to actions against justtoes of the peace is repealed by
sect. 17. of 1 1 & 12 Vict. c. 44., which Act extends only to England (see sect. 15.).]
668
Appia^Dix.
24 Geo. 2.
c. 44.
Plaintiff not to
recover with-
out proof made
that such notice
was given.
Justice may by
leave pay into
court before
issue joined
such sum as he
shall think fit.
Evidence not
to be given of
any cause of
action but such
as is contained
in the notice.
Action not to
be brought
against any
constable act-
ing in obedi-
ence to justices
warrant till de-
made made of
the sight and
copy of the
warrant, and
refusal thereof,
&c.
Where the
jud^ shall
certify that
the injury for
which action is
brought was
wilfmly com-
mitted, plain-
tiff to recover
double costs.
lamitation of
actions.
goiltj, and any other plea, with leave of the court ; and if upon issue joined thereon the
jury shall fmd the amends so tendered to have heen sufficient, then they shall give a verdict
for the defendant; and in such case, or in case the plaintiff shall become nonsuityOr shall
discontinue his or her action, or in case judgement shall be given for such defendant or
defendants upon demurrer, such justice shall be entitled to the like costs as he woald
have been intitled unto in case he had pleaded the general issue only ; and if upon issne
so joined the jury shall find that no amends were tendered, or that the same were not
sufficient, and also against the defendant or defendants on such other plea or pleas, then
they shall give a verdict for the plaintiff, and such damages as they shall think proper,
which ho or she shall recover together with his or her costs of suit.
[III.] And be it further enacted, that no such plaintiff shall recover any verdict
against such justice in any case where the action shall be grounded on any act of the
defendant as justice of the peace, unless it is proved upon the trial of such action that
such notice was given as aforesaid; but in default thereof such justice shall recover
a verdict and costs as aforesaid.
[lY.] And be it further enacted by the authority aforesaid, that in case such justice
shall neglect to tender any amends, or shall have tendered insufficient amends, before
the action brought, it shall and may be lawful for him by leave of the court where such
action shall depend at any time before issue joined to pay into court such sum of money
as he shall see fit ; whereupon such proceedings, ordei's, and judgements shall be had,
made, and given in and by such court as in other actions where the defendant is allowed
to pay money into court.
[v.] And be it further enacted, that no evidence .shall be permitted to be given by
the plaintiff on the trial of any such action as aforesaid of any cause of action, except
such as is contained in the notice hereby directed to be given.
[YI.] And be it further enacted by the authority aforesaid, that £rom and after the
said twenty-fourth day of June one thousand seven hundred and fifty-one no action
shall be brought against any constable, headborough, or other officer, or against any
person or persons acting by his order and in his aid, for anything done in obedience to
any warrant under the hand or seal of any justice of the peace, until demand hath bepn
made or left at the usual place of his abode by the party or parties intending to bring
such action, or by his, her, or their attorney or agent, in writing signed by the party
demanding the same, of the perusal and copy of such warrant, and the same hatli been
refused or neglected for the space of six days after such demand ; and in case after
such demand and compliance therewith, by shewing the said warrant to and permitting
a copy to be taken thereof by the party demanding the same, any action shall be
brought against such constable, headborough, or other officer, or against such person or
persons acting in his aid, for any such cause as aforesaid, without making the jostice
or justices who signed or sealed the said warrant defendant or defendants, that on pro-
ducing and proving such warrant at the trial of such action the jury shall give their
verdict for the defendant or defendants, notwithstanding any defect of jurisdiction in
such justice or justices ; and if such action be brought jointly against such justice of
justices and also against such constable, headborough, or other officer, or person or per-
sons acting in liis or their aid as aforesaid, then, on proof of such warrant, the jury shall
find for such constable, headborough, or other officer, and for such person and persons
so acting as aforesaid, notwithstanding such defect of jurisdiction as aforesaid ; and if
the verdict shall be given against the justice or justices, that in such case the plaintifiT
or plaintiffs shall recover his, her, or their costs against him or them, to be taxed in
such manner by the proper officer as to include such costs as such plaintiff or plaintifiB
are liable to pay to such defendant or defendants for whom such verdict shall be found
as aforesaid.
[YII.] Provided always,- that where the plaintiff in any ^uch action against any jus-
tice of the peace shall obtain a verdict, in case the judge before whom the cause shall
be tried shBdl in open court certify on the back of the record that the injury for which
such action was brought was wilfully and maliciously committed, the plaintiff shall be
intitled to have and receive double costs of suit. W
[VIII.] Provided also, and be it enacted by the authority aforesaid, that no action
sh^ be brought against any justice of the peace for anything done in the execution of
his office, or against any constable, headborough, or other officer or person acting as
aforesaid, unless commenced within six calendar months after the act committed.
P As to double costs, see 5 & 6 Vict. c. 97. s. ^.I
Appendix.
669
9 GEORGE III. A.D. 1768-9.
CHAPTER XXIX.
An Act for the more eSectaal Panishment of such Persons as shall demolish
or pull down, burn, or otherwise destroy or spoil any Mill or Mills ; and
for preventing the destroying or damaging of Engines for draining Col-
lieries and Mines ; or Bridges, Waggon Ways, or other Things used in
conveying Coals, Lead, Tin, or other Minerals from Mines; or Fences
for inclosing Lands in pursuance of Acts of Parliament pl
"YTTHEREAS by an Act passed in the first year of the reign of his late Majesty
T T King George the First, intituled " An Act for preventing tumults and riotous
<< assemblies, and for the more speedy and effectual punishing the rioters," it is among
other things enacted, that if any persons unlawfully, riotously, and tumultuously as-
sembled together to the disturbance of the publick peace shall unlawfully and with
force demolish or pull down, or begin to demolish or pull down, any church or chapeU
or any building for religious worship, certified and registered according to the statute
made in the first year of the reign of the l^te King William and Queen Mary, intituled
** An Act for exempting their Majesties protestant subjects disf?enting from the Church
"' of England from the penalties of certain laws," or any dwelling-house, bam, stable,
or other out-house, that then every such demolishing or pulling down, or beginning
to demolish or puU down, shall be adjudged felony without benefit of clergy, and the
offenders therein shall be adjudged felons, and shall suffer death as in cases of felony
without benefit of clergy : And whereas some doubts have arisen whether the said Act
extends to the pulling down and demolishing of mills : Therefore, for remedying the
niischiefs which may ensue therefrom, and for the more effectual punishment of such
offenders, be it enacted by the King's most excellent Majesty, by and with the advice
and consent of the lords spiritual and temporal, and commons, in this present Parlia-
ment assembled, and by the authority of the same, that if any person or persons unlaw-
fully, riotously, and tumultuously assembled together to the disturbance of the publick
peace shall at any time after the first day of July one thousand seven hundred and
sixty *nine unlawfully and with force demolish or pull down, or begin to demolish or
pull down, any wind saw mill or other wind mill, or any water mill or other mill,
which shall have been or shall be erected, or any of the works thereto respectively be-
longing, that then every such demolishing or pulling down, or beginning to demolish
or pull down, shall be adjudged felony without benefit of clergy, and the offenders
therein shall be adjudged felons, and shall suffer death as in case of felony without
benefit of clergy.
[11.] And whereas no effectual provision hath heretofore been made for preventing the
burning of mills : Be it therefore enacted by the authority aforesaid, that if any person
or persons shall from and after the first day of July one thousand seven hundred and
sixty-nine wilfully or maliciously bum or set fire to any wind saw mill or other wind
mill, or any water mill or other mill, such person so offending, being lawfully con-
victed thereof, shall be adjudged guilty of felony without benefit of clergy, and shall
suffer death as in case of felony without benefit of clergy.
tin.] And for more effectually preventing the destroying of engines for draining
ieries, cool mines, and other mines, and bridges and waggon ways used in conveying
eoals, lead, and other minerals from thence, and also fences mode or to be mode for
inclosing lands by virtue of Acts of ParUament, be it further enacted by the authority
aforesaid, that if any person or persons shall at any time after the first day of July
one thousand seven hundred and sixty-nine wilfully or maliciously set fire to, burn,
demolish, pull down, or otherwise destroy or damage any fire engine or other engine
I" This Act is repealed as to England by 7 & 8 Geo. 4.c. 27.8. 1. It was omitted from Vol. II.
of the Revised Edition on the ground that, as the editor was advised, it did not extend to Scot-
land, and was therefore in effect wholly repealed ; but the editor has since been advised that
41 Geo. 3. (U.K.) c. 24., which was Jso repealed as to England by 7 & 8 Geo. 4. c. 27. s. 1.,
is in force in Scotland; that Act, therefore, has heen printed in its place in the Volume (ante,
page 4), and it has bew thought desirable to print the earlier Act here in connexion with it.]
Reeital of
1 Geo. 1. St 2.
c. 5.
The riotously
assembling aod
demolishing, or
beginning to
demolish, &c.
any mill or any
of the works
thereof, made
felony without
benefit of
cleigy;
as also the
wilftilly bum-
ing or setting
fire to any mill.
The wilfully
destroying or
damaging en-
|pnes for drain-
mg coal or
other mines,
670
Appendix.
9 Geo. 3.
c. 29.
&c., or bridges,
waggon ways,
trunks, or
staiths used
in connection
with such
mines, &c.,
or fences set
up for inclosing
luids by virtue
of Acts of
Parliament,
made felony
punishable by
transportation
for 7 years.
Limitation of
prosecutions.
erected or to be erected for draining water from collieries or coal mines, or for draw-
ing coals out of the same, or for draining water from any mine of lead| tin, copper, or
other mineral ; or any bridge, waggon way, or trunk erected or to be erected for con-
veying coals from any colliery or coal mine, or staith for depositing the same, or any
bridge or waggon way erected or to be erected for conveying lead, tin, copper, or
other mineral from any such mine ; or any fence or fences that are or shall be erected,
set up, provided, or made for dividing or inclosing any common waste or other lands
or grounds in pursuance of any Act or Acts of F&rliament ; every such person, being
lawfully convicted of any or either of the said several offences, or of causing or pro-
curing the same to be done, shall be adjudged guilty of felony, and shall be subject to
the like pains and penalties as in cases of felony ; and the court by or before whom snch
person shall be tried shall have power and authority to transport such felon for the
term of seven years, in like manner as other felons are directed to be transported hj the
laws and statutes of this realm.
[IV.] PiBOViDED always, that no person or persons shall be prosecuted by virtue of
this Act for any offence or offences committed contrary to the same, unless such
prosecution be commenced within eighteen months after the offence committed.
13 GEOEGE III. A.D. 1772-3.
On Sept. 22,
yearly, the con-
stables, &c. of
every parish
shall assemble
at the usual
place of public
meeting, and
make a list of
fersons quail-
ed to act as
surveyors of
highways.
A duplicate of
such list shall
be transmitted
to one of the
justices, and
CHAPTER LXXVni,
An Act to explain, amend, and reduce into one Act of Parliament the Statutes
now in being for the Amendment and Preservation of the Public High-
ways within that part of Great Britain called England ; and for other
purposeal*!
WHEREAS the laws now in being for the amendment and preservation of the
highways of that part of Great Britain called England require some explanation
and amendment : May it therefore please your Majesty that it may be enacted, and be
it enacted by the King's most excellent Majesty, by and with the advice and consent
of the lords spiritual and temporal, and conmions, in this present Parliament assembled,
and by the authoiity of the same, that from henceforth, npon the twenty-second day
of September in every year, unless ;that day shall be Sunday, and then on the day
following, the constables, headboroughs, titlungmen, churchwardens, surveyor of the
highways, and householders, being assessed to any parochial or public rate of every
parish, township, or place^ shall assemble together at the church or chapel of such
parish, township, or place, or if there shall be no church or chapel, then at the usual
place of public meetings for such parish, township^ or place, at the hour of eleven in
the forenoon ; and the major part of them so assembled shall make a list of the names
of at least ten persons living within such respective parishes, townships, or places, who
each of them have an estate in lands, tenements, or hereditaments lying within such
respective parish, township, or place, in their own right or in the right of their wives,
of the value of ten pounds by the year, or a personal estate of the value of one hundred
poimds, or are occupiers or tenants of houses, lands, tenements, or hereditaments of the
yearly value of thirty pounds ; and if there shall not be ten persons having such
qualifications as aforesaid, then they shall insert in such list the names of so many of
such persons as are so qusdified as above required, together with the names of so many
of the most sufficient and able inhabitants of such parish, township, or place not so
qualified as shall make up the number ten, if so many can be found, if not, so many
as shall be there resident, to serve the office of surveyor of the highv^ays ; and
the constable, headborough, or tithingman of such parish, township, or place shall
within three days after such meeting transmit a duplicate of such list to one of
the justices of the peace within the limit of the county, riding, division, hundred,
} The powers and provisions of this Act (which is rep., 5 & 6 Will. 4. c. 50. s. 1.) i'® ^
C8. 1. and 2. of 43 Geo. 3. c. 59., extended and applied, as far as the same are applicable- to
county bridges and the roads at the ends thereof, and to the works by that Act autnorised to
be done ana performed.]
I
sects
Appendix. 671
city, oorpoTation, precinct, or liberty where such parish, township, or place shall lie, 13 Geo. 3.
living in or near the same, and shall also return and deliver the original list made c. 78.
and agreed upon at such meeting to the justices of the peace at their special sessions ^^ — v — '
to be held for the highways within thai limit in the week next after the Michaelmas the original
general quarter sessions of the peace in every year, and shall also within three days ^ ^^^ special
after making the said list give personal notices to or cause notices in writing to be ^^^^|^^^'
left at the places of abode of the several persons contained in such list, informing them of ^o^i<^<^ to the
tlieir being so named, to the intent that they may severally appear before the justices at ^^^ ^~
the said special sessions to accept such office if they shall be appointed thereto, or to shew ligt.
cause, if they have any, against their being appointed ; and the said justices are hereby justices to hold
anthorized and required to hold such special sessions at such convenient place or places special sessions
within their respective limits as they in their discretion shall judge proper, and to give after 10 days
notice of the time and place where they intend to hold the same to the constables, notice^and ap-
headboronghs, or tithingmen of every such parish, township, or place at least ten days K?^* ^*f^
before the holding of the said session ; and the said justices then and there from the -^ surveyors
said. listSr according to theii* discretion and the largeness of the parish, township, of highways
or place respectively, by warrant under their hands and seals, shall appoint one, two, whom they
or more of such persons as aforesaid, if he or they shall in fbe opinion of such justices sl^aU think
be qualified for the office of surveyor, if not, one, two, or more of the other substantial t^^T^^ ^
inhabitants or occupiers of lands, tenements, woods, tithes, or hereditaments within appoint other
such parish, township, or place, living within three miles thereof and within the same inhabitants or
county, fit and proper to serve the office of surveyor of the highways for such parish, occupiers, &c.
township, or place, if any such can be found ; which appointment shall by the con-
stables, headboroughs, or tithingmen aforesaid be notified to every person so appointed
by the said justices, within three days [after such appointment, by serviAg him with
the said warrant or by leaving the same or a true copy thereof at his house or usual
pla^ of abode ; and every person so appointed, if he accepts the said office, shall be Sorvcyora shall
surveyor of the highways for the said parish, township, or place for the year ensuing, ^^*^ °^^ ^^^
and shall take upon him and duly execute the office aforesaid ; and the said justices ^^^ ^ *
shall then and there give such of the said surveyors as shall personally appear before
them a charge for the better performance of their duty, according to the directions of this
Act ; and if any of the said persons so appointed whose names were contained in such Persons ap-
list, and who were served with the said notice, shall refuse or neglect to appear at the pointed' from
said special sessions and accept the said office if appointed thereto in manner aforesaid, ^ listrefiising
or shall not within six days after being served with such warrant of appointment foi^J^s/ g^id
signify his acceptance thereof either in person or by writing to one of the said justices, persons not in
he shall forfeit the sum of five pounds ; and in case any person so appointed by the the list ap-
said justices, whose name was not contained in such lists, shall refuse or neglect to pointed and
accept the said office, or shall not within six days after being served with such appoint^ refasing shall
ment shew to one of the justices signing such appointment sufficient cause why he ^ ^^^
should not serve such office, he shall forfeit the sum of fifty shillings ; provided that No person who
no person who hath been appointed and served the office of surveyor for one year shall hath served one
be liable to be appointed surveyor for the same parish, township, or place within three year to be again
years from the time of such first appointment and service, unless he shall consent 2*thre^«Ii»
thereto ; but if no such list shall be made and returned, or if the said justices shall ^thoat Us
make such appointment as aforesaid, and the person or persons so appointed shall consent
reftise to serve the said office, the said justices, or any two of them, shall and may and j£ ^^ Ug^ ^^
are hereby required at the said special sessions or at some subsequent special sessions made, or the
to be held within one month after to nominate and appoint some other person or persons ap-
persons to be surveyor of such parish, township, or place, whom they shall judge pointed refuse
proper to execute that office, and shall and may fix such salary to be paid to such ^^^^^d- ^"
surveyor to be appointed as herein last before mentioned out of the said forfeitures pointed, ^d a
and all other forfeitures, fines, penalties, assessments, and compositions to be paid, salary fixed,
levied, and raised under the authority of this Act within such parish, township, or to be paid oat
place respectively as such justices shall think fit, not exceeding one eighth part of what ^^ ^^*» ^*
shall have been raised by an assessment of sixpence in the pound for the use of ihe
highways within such parish, township, or place, where any such assessment shall
have been raised, and observing the same restriction as near as they can from the
best Information they shall be able to get of the probable amount of such an assessment,
where none hath been already made ; and the said justices shall and may if they think Josdces may
fit require the constables, headboroughs, tithingmen, and surveyor of every such parish, require the con-
township, and place, or any of them, to return to them at such time and place as they stables, &c. to
shall appoint an account in writing of the sum which such assessment of sixpence in ^^J^^Jf^^T
672
Appendix.
13 Geo. 3.
c. 78.
s— Y — '
sum wliich an
assessment of
6d. per pound
within the
parish will -
raise.
Penalty on eon-
stables, &c. not
returning lists
or ffiving
notices, or re-
turning such
account.
If a surveyor
with a salary
is appointed,
an assistant
surveyor shall
be appointed.
Surveyor ap-
pointed widx a
salary to give
bond to account
for the money
which shall
come into his
hands.
Duty of the
assistant sur-
veyor.
Forfeitures for
neglect of his
duty.
Surveyor to
send orders
upon the assist-
ant for payment
of all sums
amountmgto
408, or up-
wards.
the pound bath raised, or will in his or their opinion raise, within such parish, town-
ship, or place ; and if the constables, headboroughs, tithingmen, churchwardens,
surveyors of the highway^ and such householders as aforesaid of any parish, township,
or place shall neglect or refuse to make such list as aforesaid, or if the constable,
headborough, or tithingman of any parish, township, or place shall not return the
said list of names when made, and such duphcate thereof as aforesaid, and give such
notice or notices, and serve such warrant, or warrants as in this Act is directed, or if
the said constable, headborough^ tithingman, and surveyor, or any of them shall
neglect to return such account of the amount of such assessment as aforesaid, when
so required as aforesaid, every constable, headborough, tithingman, churchwarden, or
surveyor so neglecting or revising in any of the said cases shall for every such defiintt
respectively foifeit the sum of forty shillings.
[II.] And be it further enacted, that in all cases where the said justices, upon
neglect or refusal of the person so nominated surveyor as aforesaid to accept the said
office, shall appoint any other person for such surveyor with a salary as aforesaid, the
said justices shall and are hereby required to appoint one substantial inhabitant of such
parish, township, or place for assistant to such surveyor in the several matters and for
the several purposes hereftfter mentioned, until the next annual appointment of
surveyors according to the. directions of this Act; and if the person sq appointed
assistant shall upon notice of such appointment refuse to accept that office he shall
forfeit the sum of fifty shillings ; and in that case it shall and may be lawful for soch
justices to appoint any other substantial inhabitant of such parish, township, or place
for assistant to such surveyor in manner and for the time aforesaid ; and if such second
appointed assistant shall decline or refuse to accept the said office he shall in like
manner forfeit the sum of fifty shillings ; and the said justices shall and may appoint
any other person inhabiting in such parish, township, or place, assistant to such surveyor,
who shall be entitled to the said forfeitures herein last before mentioned, and also to
some further allowance by way of salary (to be paid as the surveyor's sidary is hereby
directed to be paid), if the said justices shall think any such salary necessary, and shall
order the same, which they are hereby authorized to do ; provided that no person so
appointed assistant for one year shall be liable to be appointed assistant for the same
parish, township, or place within three years next following such first appointment
without his consent.
[III.] And be it further enacted, that the surveyor of every parish, townahip, and
place who shall not reside therein, but shall be appointed with such salary as aforesaid,
shall, if required by the churchwarden, overseers of the poor, or any principal inhabitant
of the parish, township, or place for which he shall be so appointed surveyor, at the time
of his appointment or within fourteen days after, give a bond upon paper without stamp
thereupon to some proper person within such parish, township, or place, to be nominated
by the said justices, with sufficient surety, to account for the money which shall come
to his hands as survevor according to the directions of this Act, which bond shall be
good and effisctual in law.
[IV.] And be it Aui^her enacted, that the assistant so to be nominated and appointed
shall and is hereby required, to the best of his skill and judgment, to assist the said
surveyor whenever requested by him in calling in and attending the performance of the
statute duty, in collecting the compositions, fines, penalties, and forfeitures, in making
and collecting the assessment, in making out and serving the notices authorised by this
Act, and in such other matters and things as shall be reaaonably required of him by the
surveyor in the execution of his office as surveyor pursuant to this Act ; and the said
assistant shall justly and truly account with and pay to the said surveyor, or to his
order from time to time, according to the directions of this Act, all the money which
shall come to his hands as asEdstant by the means as aforesaid, and in default thereof he
shall forfeit double the value of the money by him so received and not so paid and
accounted for ; and if the said assistant shall wilfully neglect or make de&ult in the pe^
formance of any of the duty required from him by this Act, he shall forfeit for every
such ofience any sum not exceeding five pounds nor less than forty shillings, at the
discretion of the justice or justices of the lindt within which such aBsistant shall be
appointed ; and the said surveyor shall and is hereby required to send orders in writing
upon the said assistant for the payment of all sums due to any person or persons for
work or materials by virtue of this Act which amount to for^ shillings or upwards ;
and the said surveyor shall not be responsible for any sum or sums of money which diall
be received by the said assistant and shall not be actually paid to such surveyor or to
his order as aforesaid.
Appendix.
673
[v.] Provided always^ and be it farther enacted, that if two parte out of three of
those so to be assembled in any snch parish, township, or place for the nomination of
surveyors as aforesaid shall agree in the choice of any particular person of skill and
experience to serve the said office of surveyor for such parish, township, or place, and
in the settling of a certain salary for his trouble therein, and shall return the name of
snch person, together with the list herein-before directed, to the justices of the peace
at their said sessions to be held in the week next after the Michaelmas quarter sessions,
that then and in every such case it shall and may be lawful for the said justices, if they
shall think proper, to appoint such person to be surveyor for such pari^, township, or
place, and allow him the salary mentioned in such agreement, which shall be raised and
paid in the same manner as tiie salary herein-before mentioned is directed to be raised
and paid ; and in case any surveyor to be appointed under the authority of this Act
shall die or become incapable of executing that office before such next special sessions
for appointing surveyors, the said justices or any two of them shall and may at some
special sessions nominate and appoint such person or persons as they shall think proper
to execute the said office until such next special sessions for appointing surveyors as
aforesaid, and if such deceased surveyor had a salary they may allow the same salary to
his successor in proportion to the time he shall serve the said office ; and if the said
justices of the peace at their said special sessions, or at any time afterwards, pursuant to
the powers of this Act, shall appoint more than one person for surveyor of any parish,
township, or place, all and every person or persons so appointed shall be comprehended
under the word * surveyor ' in every part of this Act.
' [VI.3 And be it further enacted, that no tree, bush, or shrub shall be permitted to
stand or grow in any highways within the distance of fifteen feet from the centre
thereof (except for ornament or shelter to the house, building, or courtyard of the
owner thereof), or hereafter to be planted within the distance aforesaid, but the same
shall respectively be cut down, grubbed up, and carried away by the owner or occupier
of the land or soil where the same doth or shall stand or grow within ten days i^r
notice to him, her, or them, or his, her, or their steward or agent, given by the said
surveyors or any of them, on pain of forfeiting for every neglect the sum of ten
shillings.
[YIL] And be it further enacted, that the possessors of the land next adjoining to
every highway shall cut, prune, and plash their hedges, and also cut down or prune
and lop the trees growing in or near such hedges or other fences (except those trees
planted for ornament or shelter as aforesaid), in such manner that the highways shall
not be prejudiced by the shade thereof respectively, and that the sun and wind may not
be excluded from such highway to the damage thereof ; and that if such possessor shall
not, within ten days after notice given by the surveyor for that purpose, cut, prune,
and plash such hedges, and cut down or prune and lop such trees in manner aforesaid,
it shall and may be lawful for the surveyor, and he is hereby required, to make com-
plaint thereof to some justice of the peace of the limit where such highway shall be,
who shall summon the possessor of the said lands to appear before the justices at some
special sessions for that limit to answer to the said complaint ; and if it shall appear to
the justices at such special sessions that such possessor had not complied with the
requisites of this Act, it shall and may be lawful for the said justices, upon hearing the
surveyor and the possessors of such land, or his agent (or in default of his appearance
upon havii^ due proof of the service of such summons), and considering the circum-
stances of the case, to order such hedges to be cut, plashed, and pruned, and such trees
to be cut down or pruned, in such manner as may best apswer the purposes aforesaid ;
and if the possessor of such lands shall not obey such order within ten days after it
shall have been made and he shall have had due notice thereof, he shall forfeit the
sum of two shillings for every twenty-four feet in length of such hedge which shall be
so neglected to be cut and plashed, and the sum of two shillings for every tree which
shall be so n^lected to be cut down or pruned and lopped ; and the surveyor, in case
of such default made by the possessor, diall and is hereby required to cut, prune, and
plash such hedges, and to cut down or prune and lop such trees, in the manner directed
by such order ; and such possessor shall be charged with and pay, over and above the
said penalties, the charges and expences of doing the same, or in default thereof such
charges and expences shall be levied, together with the said forfeitures, upon his or
her goods and chattels, by warrant from a justice of peace, in such manner as is
authorized for forfeitures incurred by virtue of this Act.
[Yin.] And be it further enacted, that ditches, drains, or watercourses, of a
sufficient depth and breadth for the keepiug all highways dry and conveying the water
VOL. IV. U U
] 3 Geo. 3.
c. 78.
^^ V — '
If two thirds
of those as-
sembled in any
parish, &c.
shall agree in
the choice of a
person to senre
as surveyor, Jus-
tices may ap-
point him, with
a salazy ; and if
any surveyor
shall die, or
become incapa-
ble, justices
may appoint
another.
No tree, &c.
to grow or
stand within
15 feet of the
centre of the
highway.
Penalty, lOs.
Hedges and
trees adjoining
to highways
to be cut and
pruned.
Occupiers of
lands shall
make sufficient
674
Appendix.
13 Geo. 3.
c. 78.
ditches, drains,
&c., and lay
sufficient
trunks or
bridges, where
cartways, &c.
lead out of
highways into
such lands.
Penalty for
neglect.
Penalty for
laying stone,
timber, or soil
out of ditches,
&c. in any
highway.
•
If any stone,
timber, &c. laid
within 15 feet
of the centre of
the highway is
not removed in
5 days after
notice given,
owner of adja-
cent lands, &c.
may dispose
of the same.
Penalty for
leaving wag-
gons, &c. in
the highways.
Surveyor's duty
with respect to
nuisances, ob-
structions, &c.
If the offender
does not re-
move nuisances,
&c. after no-
tice, the sur-
veyor shall do
it, and the of-
fender pay the
charges thereof.
from the same, shall be made, scoured, cleansed, and kept open, and sufficient trunks,
tunnels, plats, or bridges shall be made and laid where any cartways, horseways, or
footways lead out of the said highwa3rs into the lands or grounds adjoining thereto, by
the occupier or occupiers of such lands or grounds ; and every person (h* persons who
shall occupy any lands or grounds adjoining to or lying near such highway throa^
which the water hath used to pass from the said highway shall and is hereby required
from time to time, as often as occasion shall be, to open, cleanse, and scour the ditches,
watercourses, or drains, for such water to pass without obstruction ; and that every
person making default in any of the matters or things aforesaid, after ten days notice to
him, her, or them given of the same by the said surveyor, shall for every such offence
forfeit the sum of ten shillings.
[IX.] And be it further enacted, that if any person or persons shall lay in any
highway any stone, timber, straw, dung, or other matter, or in making, soooring, or
cleansing the ditches or watercourses shall permit the soil or earth dug ont of such
ditches, drains, or watercourses to remain in such highway in such manner as to
obstruct or prejudice the same for the space of five days after notice thereof given hf
the surveyor of the highways, every person or persons offending in any of the said
cases shall for every such offence forfeit and pay the sum of ten shillings.
[X.] And be it further enacted, that if any stone or timber, or any hay, stiiaw,
stubble, or other matter for the making of manure, or on any other pretence what^
soever, not tolerated by this Act, shall be laid in any highway within the distance of
fifteen feet from the centre thereof, and shall not within five di^s after notice given by
the surveyor or some person aggrieved thereby be removed, it shall and may be lawfol
for the owner or possessor of the lands adjacent, or any other person or persons whom-
soever, by order from some justice of peace, to clear the said highways by removing
the said stone, timber, hay, straw, dung, or other matter, and to have, take, and dispose
of the same to his and their own use.
[XI.] Ani> for preventing obstructions in the said highways, be it enacted, that if
any person shall wilfully set, place, or leave any waggon, cart, or other carnage, or any
plough or instrument of husbandry in any of the said highways (except only with respect
to such waggon, cart, or carriage during such reasonable time as the same shall be
loading or unloading, and standing'as near the side of such highway as conveniently
may be), so as to interrupt or hinder the free passage of any other carriage, or of
his Majesty's subjects, every person so offending shall forfeit the sum of t^ shillings
for every such ofTence.
[XII.] And be it further enacted, that the surveyors of the highways to be appointed
by virtue of this Act shall, at ail such times and seasons as they shall judge proper,
view all the common highways, trunks, tunnels, plats, hedges, ditches, banks, bidges,
causeways, and pavements within the parish, township, or. place for which diey shall
be appointed surveyors ; and in case they shall observe any nuisances, incroachments,
obstructions, or annoyances made, committed, or permitted in, upon, or to the prejudice
of them or any of them contrary to the directions of this Act, they shall firom time to
time, as soon as conveniently may be, give or cause to be given to any person or
persons doing, committing, or permitting the same, personal notice, or notice in^writing
to be left at his, her, or their usual place or places of abode, specifying the particabrs
wherein such nuisances, defaults, obstructions, or annoyances consist; and^if sach
nuisances, obstructions, or annoyances shall not be removed, and the ditches, drains,
gutters, and watercourses aforesaid effectually made, scoured, cleansed, and opened, and
such trunks, tunnels, plats, and bridges made and laid, and such hedges propcirly cat
and pruned, within twenty days after such notice of the same respectively given as
aforesaid, then the said surveyors shall be and they are hereby fully authorised and
empowered forthwith to remove such nuisances, obstructions, or annoyances, and open,
cleanse, and scour such ditches, gutters, and watercourses, and make or amend such
trunks, tunnels, plats, or bridges, and cut and prune such hedges for the benefit wid
improvement of the said highways, to the best of their skill and judgment, and accord-
ing to the true intent and meaning of this Act ; and the person or persons so neglecting
to make or open and cleanse such ditches, gutters, or watercourses, or td cut or prone
such hedges, during the time aforesaid after such notice given, shall forfeit for every
foot in length whidh shall be so neglected the sum of one penny ; and the said sli^
veyors shsSl be reimbursed what charges and expences they shaH be at in removing
such nuisances, obstructions, or annoyances, and making or opening, cleansing ^
scouring such ditches, gutters, and watercourses, and in making or amending snch
trunks, tunnels, plats, or bridges, and in cutting and pruning such hedges respectively,
Appbmdix. 675
by the person or persons who ought to have done the same, over and above the said IS Gbo. 8.
forfeltavB ; and in case sueh person or persons shall upon demand refuse or neglect to c. 78.
pay the said surveyor his charges and ezpences occasioned thereby respectively, and ' — v — '
also the said forfeiture of one penny per foot, then the said surveyor shall apply to any
justice of the peace, and upon making oath before him of notice being given to the
defiiolter in manner aforesaid, and of ^e said work being done by such surveyor, and
of the ezpences attending the same, the said surveyor shall be repaid by such person or
peiBons ail such his said charges as shall be allowed to be reasonable by the said justice,
or in de&ult of payment thereof on demand the same shall be levied in such manner as
the penalties and forfeitures hereby inflicted are directed to be levied.
[XIII,] Provided nevertheless, that no person or persons shall be compelled, nor Times of cut-
any surveyor permitted, by virtue of this Act, to cut c»* prune any hedge at any other tisg hedg^
time than between the last day of September and the last day of March ; and that and of felling
nothing herein contained shall extend or be construed to oblige any person or persons f "*«?• ^- g«>w-
to fell any timber trees growing in hedges at any time whatooever, except where the j^hways!
highways ^lall be ordered to be enlarged as herein-after mentioned, or to cut down or
grub up any oak trees growing within such highway, or in such hedges, except in the '
months of April, May, or June, or any ash, elm, or other trees, in any other months
than in the months of December, January, February, or March.
[XIV.] And be it further enacted, that where the ditches, gutters, or watercourses Where the old
which have been usually made, or which are herein-before directed to be made, ditches, gutteis,
cleansed, and kept open, shall not be sufficient to carry off the water which shall lie I*^"^®?"^
upcm and annoy the highways, that then and in every such case it shall and may be cienr^ew^ones
lawful for the said surveyors, by the order of any one or more of the said justices, to may be made ;
make new ditches and drains in and through the said lands and grounds adjoining or
lying near to such highways, or in and through any other lands or grounds, if it shall
be necessary, for the more easy and effectually carrying off such water from the said
highways^ and also to keep such ditches, gutters, or watercourses scoured, cleansed, and provided the
<^ned ; and the said surveyors and their workmen are hereby authorized to go upon sorveyors make
the said lands for the purposes aforesaid ; provided that the said surveyors make proper ^^^w^""^'
trunks, tunnels^ plats, bridges, or arches over such ditches, gutters, or watercourses cesgaiT and
where the same ^all be necessary for the convenient use and enjoyment of the lands make satis-
or grounds through which the same shall be made, and from time to time ke^ the ftction to the
same in repair, and do also make satisfaction to the owner or occupier of such lands ^^f^'f^i^^
which are not waste or common for the damages which he, she, or they shall sustain ?^ ^njl^he
thereby, to be settled and paid in such manner as the damages for getting materials ghallsus^m
in sevend or inclosed lands or grounds are hereafter directed to be settled and paid. thereby.
[XV.] And be it further enacted, that the said surveyors of the highways shall and Width of cari-
they are hereby required to make, support, and maintain, or cause to be made, supported, ▼iiys to market
and maintained, every public cartway leading to any market town twenty feet wide at ^^'"'^ ^h'S^-a
the least) and every public horseway or driftway eight feet vnde at the IcNost:, if the JJ^^' ^ *^^
ground between the fences inclosing the same will admit thereof.
[XYI.] Fbovided always, and be it further enacted, that where it shall appear Jostioes may
upon the view of any two or more of the said justices of the peace that the ground or order narrow
soil of any highway between the fences thereof is not of sufficient breadth, and may be '^^ ^ he
conveniently widened and enlarged, or that the same cannot be conveniently enlarged Jl^^ed **'d
and made commodious for travellera without diverting and turning the same, such turned.
justices shall and they are hereby empowered within their respective jurisdictions to
order such highways respectively to be vndened and enlarged or diverted and turned
in such manner as they shall think fit, so that the said highways when enlarged and
diverted diall not exceed thirty feet in breadth ; and that neither of the said powers
do extend to pull down any house or building, or to take away the ground of any
garden, park, paddock, court, or yard ; and for the satis&ction of the person or per- Sorveyora to
0ons^ bodies politic or cofporato, who are seised or possessed of or interested in their agree wit^
own right or in trust for any other person or persons in the said ground that shall be ^nc« of lands
laid into the said highways respectively so to be enlarged, or through which such p^^^^^ |f
highway so to be diverted and turned shall go, the said surveyor under the direction' they ^uomot
and with the approbation of the said justices shall and is hereby empowered to make an agree, the same
agreement with him, her, or them for the recompence to be made for such ground, and maybe assessed
for the* making such new ditches and fences as shall be necessary, acooiding and in ^^Jj^^^
proportion to their several and respective interests therein, and also with any other geaswMf*'
person or persons, bodies politic or corporate^ that may be injured by the enlarging,
altering, or diverting such highways respectively for the satisfaction to be made to
UU 2
676
Appendix.
13 Gbo. 8.
.c- 78.
On payment of
money assessed,
gronnd to be
deemed a pub-
lic highway.
Where there is
not money soffi-
oient in the
hands of the
snryeyor, as-
sessments may
be raised by
order <rf the
justices at their
quarter ses-
sions, not ex-
ceeding 6<f .
in the pound.
Old highway
and soil may
be sold by the
surreyor, sub-
ject in certain
oases to ancient
right of way
and passage.
him, her, or them respectively as aforesaid ; and if the said surveyor under the direc-
tion and with the approbation of^ the said justices cannot agree with the said person or .
persons, bodies politic or corporate, or if he, she, or they cannot be found, ur shall
refuse to treat or take such recompence or satisfaction as shall be offered to them
respectively by such surveyor, then the justices of the peace at any general quarter
sessions to be holden for the limit wherein such ground shall lie, upon certificate in
writing signed by the justices making such view as aforesaid of their proceedings in
the premises, and upon proof of fourteen days notice in writing having been given bj
the surveyor of such parish, township or place to the owner, occupier, or other person
or persons, bodies politic or corporate, interested in such ground, or to his, her, or their
guardian, trustee, clerk, or agent, signifying an intention to i^ply to such qnarter
sessions for the purpose of taking such ground, shall impannel a jury of twelve disin-
terested men out of the persons returned to serve as jurymen at such quarter sessions ;
and the said jury shall upon their oaths to the best of their judgment assess the
damages to be given and recompence to be made to the owners and others interested as
aforesaid in the Baid ground for their respective interests as they shall think reasonable,
not exceeding forty years purchase for the clear yearly value of the ground so laid out,
and likewise such recompence as they shall think reasonable for the making of new
ditches and fences on the side or sides of the said highways that shall be so e^aiged or
diverted, and also satisfaction to any person or persons, bodies politic or corporate,
that maybe otherwise injured by the enlarging or diverting the said Ijiighways req)ec-
tively ; and upon payment or tender of the money so to be awarded and assessed to the
person or persons, bodies politic or corporate, entitled to receive the same, or leaving it
in the hands of the clerk of the peace of such limit, in case such person or persons,
bodies politic or corporate cannot be found or shall refuse to accept the same, for the
use of the owner of or others interested in the said ground, the interest of the said
person or persons, bodies politic or corporate in the said ground shall be for ever
divested out of them, and the said ground after such agreement or verdict as aforesaid
shall be esteemed and taken to be a public highway to all intents and pnrposes
whatsoever ; saving nevertheless to the owner or owners of such ground all mines,
minerals, and fossils lying under the same which can or may be got without breaking
the surface of the said highway, and also all timber and wood growing upon sach
ground, to be fallen and taken by such owner or owners within one month after such
order shall have been made, or in default thereof to be fallen by the said sarvejor
or surveyors within the respective months aforesaid and laid upon the land adjoining
for the benefit of the said owner or owners ; and where there shall not appear sufficient
money in the hands of the surveyor or surveyors for the purposes aforesaid, then the
said two justices in case of agreement, or the said court of quarter sessions after snch
verdict as aforesaid, shall order an equal assessment to be made, levied, and collected
upon all and every the occupiers of lands, tenements, woods, tithes and hereditaments
in the respective parishes, townships, or places where such highways shall lie, and
direct the money to be paid to the person or persons, bodies politic or corporate, so
interested, in such manner as the said justices or court of quarter sessions respectivelj
shall direct and appoint; and the money thereby raised shall be employed and accounted
for according to the order and direction of the said justices or court of quarter sessions
respectively for and towards the purchasing the land to enlarge or divert the said hi^*
ways, and for the making the said ditches and fences, and also satisfaction for the
damages sustained therebv ; and the said assessment, if not paid within ten days after
demand, shall by order of the said justices or court of quarter sessions respectively be
levied by the said surveyor in the manner herein-after mentioned ; provided that no
such assessment to be made in any one year shall exceed the rate of sixpence in the
pound of the yearly value of the lands, tenements, woods, tithes, and hereditaments so
assessed.
[XVII.] And be it further enacted, that when any such new highways shall be
made as aforesaid the old highway shall be stopped up, and the land and soil thereof
shall be sold by the said surveyor, with the approbation of the said justices, to some
person or persons whose lands a^oin thereto, if he, she, or they shall be wUliug ^
purchase the same, if not, to some other person or persons, for the full value thereof;
but if such old ro^ shall lead to any lands, house, or place which cannot in the
opinion of such justices respectively be accommodated with a convenient way and
passage from such new highway, which they are hereby authorized to order and lay
out if they find it necessary, then and in such case the said old highway shall only be
sold subject to the right of way and passage to such lands, house, or place respecdvdy
Appendix. 677
according to the ancient usage in that respect; and the monej arising from such sale 13 Geo. 3.
in either of the said cases shall be applied towards the purchase of the land where such c. 78.
new highway 6hall be made ; and upon payment or tender of the money so to be ''■"■> — '
agreed for as aforesaid, and upon a certificate being signed by the said two justices, or
by the chairman of the said court of quarter sessions in case the same shall be deter-
mined there, desciibing the lands so sold and expressing the sum so agreed for and
directing to whom the same shall be paid, and upon the purchaser's taking a receipt
for such purchase money from the person entitled to receive the same by an indorse-
ment on the back of such certificate, the soil of such old highway shall become vested _. .
in such purchaser and his heirs ; but all mines, minerals, and rossils lying under the mmp^ifrft.
same shall continue to be the property of the person or persons who would from time gerred to the
to time have been entitled to the sfone if such old highway had continued there. owners.
[XVIII.] Ain> be it further enacted, that in case such jury shall give in and deliver costs of pro-
a verdict for more monies as a recompence for the right, interest, or property of any ceedings, by
person or persons, bodies politic or corporate, in such lands or grounds, or for the 'whom payable,
making such fence, or for such damage or injury to be sustained by him, her, or them
respectively as aforesaid, than what shall have been proposed and offered by the said
surveyor before such application to the said court of quarter sessions as aforesaid, that
then and in such case the costs and expences attending the said several proceedings
shall be borne and paid by the surveyor of the said highway out of the monies in his
or their hands, or to be assessed and levied by virtue and under the powers of this
Act ; but if such jury shall give and deliver a verdict for no more or for less monies
than shall have been so offered and proposed by the said surveyor before such applica-
tion to the said court, of quarter sessions, that then the said costs and ezpences shall
be borne and paid by the person or persons, bodies politic or corporate, who shall have
refused to accept the recompence and satisfaction so offered to him, her, or them as
aforesaid.
[XIX.] And be it further enacted, that when it shall i^pear upon the view of any Highways,
two or more of the said justices of the peace that any public highway not in the situation bridleways,
herein-before described or public bridleway or footway may be diverted so as to make J^- ^ tnraed
the same nearer or more commodious to the public, and the owner or owners of the. by the Justices,
lands and grounds through which such new highway, bridleway, or footway is proposed at their special
to be made shall consent thereto by writing under his or their hand and seal or hands sessions, with
and seals, it shall and may be lawful by order of such justices ^ some special sessions ^* consent ci
to divert and turn and to stop up such footway, and to divert, turn, and stop up and ^|^^ j^^^ ^
inclose, sell, and dispose of such old highway or bridleway, and to purchase the ground the new ones
and soil for such new highway, bridleway^ or footway by such ways and means and are nearer or
subject to such exceptions and conditions in all respects as herein-before mentioned more oommo-
with regard to highways to be widened or diverted ; and where any such highway, ^"!JJ? ^ *^®
bridleway, or footway herein last before described shall be so ordered to be stopped up JJ^ ©nes^y *
or inclosed, and such new highway, bridleway, or footway set out and appropriated in be stopped np
lieu thereof as aforesaid, it shall and may be lawful for any person or persons injured and inclosed
or aggrieved by any such order or proceeding, or by the inclosure of any road or «nd sold,
highway by virtue of any inquisition taken upon any writ of ad quod damnum, to make Appeal may he
his or their complaint thereof by appeal to the justices of the peace at the next general ^^^^ *^
quarter sessions which shall be holden within the limit where the same shall lie after ^^^ aninst
such order made or proceeding had as aforesaid, upon giving ten days notice in writing procee£ngs hy
of such appeal to the surveyor and party interested in such indosure, if there shall be writ of ad qaod
sufficient time for that purpose, if not, such appeal may be made upon the like notice damnum or
to the next subsequent quarter sessions of the peace, which courts of quarter sessions o'berwise, hy
are hereby respectively authorized and empowered to hear and finally determine such ^rieved.
appeal ; and if no such appeal be made, or, being made, such order and proceedings
shall be confirmed by the said court, the said inclosures may be made and the said way
stopped, and the proceedings thereupon shall be binding and conclusive to 'all persons
whomsoever ; and the new highway, bridleway, or footway so to be appropriated and
set out shall be and for ever after continue a public highway, bridleway, or footway to
all intents and purposes whatsoever; but no inclosures of such old highways or Nosnchin-
bridleway or stoppage of such footway shall be made until such new highways, dosnres to be
bridleway, or footway shall be completed and put into good condition and repair, and made until the
so certified by two justices of the peace upon view thereof, which certificate shall be J*^ ^n h^^*'
returned to the clerk of the peace and by him inrolled amongst the records of the said completed and
court of quarter sessions; but from and after such certificate such old highways, certificate'
bridleway, or footway shall and may be stopped up and the soil of such old highways thereof re-
678
Appendix.
13 Geo. 3.
c. 78.
turned to the
clerk of the
peace.
Where a high-
way, &c. has
been diverted
for 12 months,
and no pro-
secution com-
menced, the
diversion shall
be confirmed.
Common land
between fences
of old high-
ways not to
be enclosed.
Bights of ad-
Joining owners
to have or pur-
chase land be-
tween fences of
old highways,
not being com-
mon land.
When old foot-
ways are stop-
ped up, and
new ones laid
out, the owners
of the hinds
shall make and
receive satis-
faction.
Justices may
order unneces-
sary highways
to be stopped
up.
or bridleway sold in the manner and subject to the reservations and restric^ons herein-
before mentioned with, respect to highways to be enlarged or diverted by virtue of this
Act ; and where any highway, bridleway, or footway hath been diverted and turned
above twelve months, either from necessity where the same have been destroyed by
floods or slips of the ground on w^hich they were made, or from other causes and
motives, if new highways, bridleways, or footways have been made in lieu thereof
nearer or more commodious to the public, and the same have been acquiesced in, and
no suit or prosecution hath been commenced for the diverting or turning the same,
every new highway, bridleway, or footway set out and used in the place of that so
diverted and turned shall from henceforth be the public highways bridleway, or footway
to all intents and purposes whatsoever ; an4 all persons liable to the repair of any such
old highways, bridleway, or footway so diverted and turned or to be diverted and
turned as aforesaid shall in the same manner be and continue liable to the repair of
such new highways, bridleway, or footway, except where any agreement shall have
been made relative to such repairs between the parties interested therein which hath
laid the burthen thereof or of any part thereof upon any other person or persons, in
which case the same shall be observed.
~XX.] Provided nevertheless, and be it further enacted, that no common land lying
between the fences of any old highway to be stopped up or inclosed bv virtue of this
Act shall, be inclosed ; and where the land lying between the fences of such highway,
not being common land, shall upon a medium exceed thirty feet in breadth, and not
extend to fifty feet in breadth, the same shall not be stopped up or inclosed nntil
satisfaction shall be made to the owner of such laud for iso much th^'eof as shall
exceed the said breadth of thirty feet ; and if the parties cannot agree in liie Bads-
faction so to be made, the same shall be adjusted by the said justices or the jury, if
a jury shall be impannelled ; and if the land between the fences inclosing sudi highways^
not being common land, shall exceed fifty feet in breadth upon a medium, or if the
said old road «o to be diverted or turned shall lie through the open field or ground
belonging to any particular' person or persons, such person or persons, and also the
person or persons entitled to the land between the fences on the side of such highway,
shall respectively hold and enjoy the land and soil of such old highway, and pay to the
surveyor for the use of the highways so much money as shall be agreed upon between
the parties, or, if they cannot agree, so much as shall be deemed and adjudged by the
said justices or jury, if such jury shall be impannelled as aforesaid, to be adequate
to the purchase of it, estimating such highway at thirty feet in breadth upon an
average.
[XXI.] And be it further enacted, that where any footway shall be diverted by
virtue of this Act through the land belonging to the same person who owned the land
through which such old footway lay, the same shall be adjudged and deemed an
exchange only, and no satisfaction or compensation shall be made unless the land to be
used for such new footway shall be of greater length and of greater value than the
land used for such old footway ; and where the said footway shall not be turned
through the lands belonging to the same person the damage occasioned by such old
footway to the lands through which it lay, if the parties interested shall not agree in
adjusting the same, shall be adjudged by two indifferent persons, the one to be named
by the owner of the land, and the other by the said two justices ; and if the persons
so to be nominated cannot agree therein they shall choose some third person to adjudge
the same, whose determination shall be final ; and the money at which such damages
shall be assessed shall be applied in making satisfJEK^tion to the owner or owners of the
land through which such new footway shall be made.
[XXII.j And be it further enacted, that if in any parish, township, or place where
any highway shall be diverted and turned by virtue of this Act it shall appear to the
justices, who are hereby authorized to view or inquire into the same, that there are
other highways within such parish, township^ or place besides that so to be diverted
and turned which may without inconvenience to the public be diverted into such new
highway hereby authorized to be made, or into any other highway or highways within
such parish, township, or place, and the charge of repairing such highway or highwap
may be thereby saved to such parish, township, or place, it shall and may be lawful
for such justices to order such highway or highways which shall appear to them
unnecessary to be stopped up, and the soil thereof sold in such manner and subject to
such restrictions and such right of appeal to the party or parties aggrieved thereby as
are herein-befbre respectively directed and given concerning the highways to be
stopped up or inclosed.
Appendix.
679
[XXUI.] And be it farther enacted, that every Burveyor shall and may from time
to time give information upon oath to the said justicesy or any two or more of them,
of all such highways and of all bridges, caaseways, or pavements upon such highways
as are out of repair and ought to be repaired by any person or persons, bodies politic
or corporate, by reason of any grant, tenure, limitation, or appointment of any
charitable gift, or otherwise howsoever ; and the said justices shall limit a time for
repairing the same, of which notice shall be given by the said surveyor to the occupier
or occupiers of the lands or tenements liable to the burthen of such repairs, or to such
other person or persons, bodies politic or corporate, as are chargeable with the same ;
and if such repairs shall not be effectually made within the time so limited the said
justices shall and are hereby required to present such highways, bridges, causeways,
or pavements so out of repair, together with the person or persons, bodies politic or
corporate, liable to repair the same, at the next general quarter sessions of the peace
for the limit wherein such highway shall lie ; and the justices at such quarter sessions
may, if they see just cause, direct the prosecution to be carried on at the general
expence of such limit, and to be paid out of the general rates within the same.
[XXIV.] Ain> be it further enacted, that every justice of assize, justices of the
counties palatine of Chester, Lancaster, and Durham, and of the great sessions in
Wales, shall have authority by this statute, upon his or their own view, and every
justice of the peace, either upon his own view or upon information upon oath to him
given by any surveyor of the highways, to make presentment at their respective
assizes or great sessions, or in the open general quarter sessions of such respective
limit, of any highway, causeway, or bridge not well and sufficiently repaired and
amended, or of any other default or offence committed and done contrary to the pro-
vision and intent of this statute ; and that all defects in the repair thereof shall be
presented in such jurisdiction where the same do lie, and not elsewhere ; and that no
such presentment nor any indictment for any such default or offence shall be removed
by certiorari or otherwise out of such jurisdiction till such indictment or present-
ment be traversed and judgment thereupon given, except where the duty or obligation
of repairing the said highways, causeways, or bridges may come in question; and that
every such presentment made by any such justice of assize, counties palatine, great
sessions, or of the peace, upon his own view, or upon such information having been
given to such justice of the peace upon the oath of such surveyor of the highways
as aforesaid, shall be as good and of the same force, strength, and effect in the law
as if the same had been presented and found by the oaths of twelve men ; and that
for every such default or offence so presented as aforesaid the justices of assize,
counties palatine, and great sessions at their respective courts, and the justices of the
peace at their general quarter sessions, shall have authority to assess such fines as to
them shall be thought meet ; saving to every person and persons that shall be affected
by any such presentment his, her, or their lawful traverse to the same presentment, as
well with respect to the fact of nonrepair as to the duty or obligation of repairing the
said highways, as they might have had upon any indictment of the same presented and
found by a grand jury ; and the justices of the peace, at their general quarter sessions,
or the major part of them, may, if they see ju&t cause, direct the prosecutions upon
such presentments as shall be made at the quarter sessions as aforesaid to be carried
on at the general expence of such limit, and to be paid out of the general rates within
the same.
[XXY.] And be it further enacted, that the said justices of the peace, at any special
sessions to be held by virtue of this Act, may by writing under their hands and seals
order and appoint those highways (not being turnpike road) which in their opinion do
most want repair within their jurisdiction to be first amended, and at what time and
in what manner the same shall be amended ; according to which order, if such there
be, all and singular the respective surveyors of the said highways are hereby required
to proceed within their respective liberties.
[XXVI.] And for the better convenience of travellers, where several highways
meet, be it further enacted, that the said justices, at some special sessions to be held
for the purposes of this Act, shall issue their precept to the surveyor of the highways
for any parish, township, or place where several highways meet and there is no proper
or sufficient direction post or stone already fixed or erected, requiring him forthwith to
cause to be erected or fixed in the most convenient place where such ways meet a
stone or post, with inscriptions thereon in large legible letters painted on each side
thereof, containing the name or names of the next market town or towns or other
considerable place or places to which the said highways respectively lead, and also at
Id Geo 3.
c. 78.
Justices on
information of
surveyor may
order highways
liable to be
repaired by
tenure, '&c. to
be repaired
within a limited
time, and if not
repaired within
that time shall
present them,
with the per-
sons liable to
repair them,
at quarter
sessions.
Justices of
assize and of
the peace, &c.
to make pre-
sentments of
highways, &c.
out of repair.
Justices may
order what
highways shall
be first re-
paired.
Direction posts,
where and how
to be erected.
680
Appendix.
id Geo. 3.
c. 78.
' — , — '
Materials,
where and in
what manner
to be taken by
surveyors.
Satisfiustion to
be made for
damages done
by carrying
them away.
Not to autho-
rize the taking
of stones
thrown up by
the sea on pri-
Tate property.
If sufficient
materials can-
not be found in
waste lands, &c.
surveyor may
take them from
inclosM lands,
making satis-
faction to the
owners.
the several approaches or entrances to such parts of any highways as are subject to
deep or dangeroas floods, graduated stones or posts denoting the depth of water in the
deepest part of the same, and likewise such direction posts or stones as the said justices
shall judge to be necessary for the guiding of travellers in the best and safest track
through the said floods or waters; and the said surveyor shall be reimbursed the
ezpences of providing and erecting the same respectively out of the monies which shall
be received by him or them pursuant to the directions of this Act ; and in case anj
surveyor shall, by the space of three months after such precept to him directed and
delivered, neglect or refuse to cause such stones or posts to be fixed as aforesaid, everj
such offender shall forfeit the sum of twenty shillings.
[XXVII.] And for the better repairing and keeping in repair the said highways
and providing of materials for that purpose, be it enacted, that it shall and may be
lawful to and for every surveyor to be appointed as aforesaid to take and cariy awaj
or cause to be taken and carried away so much of the rubbish or refuse stones of aoy
quarry or quan'ies lying and being within the parish, township, or place where he
shall be surveyor (except such as shall have been got by the surveyor of any turnpike
road), without the licence of the owner or owners of such quarries, as they shall judge
necessary for the amendment of the said highways, but not to dig or get stone in sadi
quarry without leave of the owner thereof; and also that it shall and may be lawful
for every such surveyor, for the use aforesaid, in any waste land or common ground,
river, or brook within the parish, township, or place for which he shall be surveyor, or
within any other parish, township, or place, wherein gravel, sand, chalk, stone, or cibec
materials are respectively likely to be found (in case sufficient cannot be conveniently
had within the parish, township, or place where the same are to be employed, and
sufficient shall be left for the use of the roads in such other parish, township, or place),
to search for, dig, get, and carry away the same, so that the said surveyor doth not
thereby divert or interrupt the course of such river or brook, or prejudice or damage
any building, highway, or ford, nor dig or get the same out of any river or brook
within the distance of one hundred feet above or below any bridge, nor within the like
distance of any dam or wear ; and likewise to gather stones lying upon any lands or
grounds within the parish, township, or place where such highway shall be, for such
service and purpose, and to take and carry away so much of Uie said materials as by
the discretion of the said surveyor shall be thought necessary to be employed in the
amendment of the said highways, without making any satisfaction for the said mate-
rials ; but satisfaction shall be made for all damages done to the lands or grounds of
any person or persons by carrying away the same, in the manner herein-after directed
for getting and carrying materials in inclosed lands or grounds ; but no such stones
shaU be gathered without the consent of the occupier of such lands or grounds^ or a
licence from a justice of peace for that purpose, after having summoned such occupier
to come before him, and heard his reasons, if he shall appear and give any, for refusing
his consent.
[XXVIII.] Provided always, and be it further enacted by the authority aforesaid,
that nothing in this Act contained relative to the gathering or getting of stones shall
extend to any quantity of land (being private property) covered with stones thrown up
by the sea, commonly called beach.
[XXIX.] And be it further enacted, that it shall and may be lawful for every such
surveyor, for the use aforesaid, to search for, dig, and get sand, gravel, chalk, stone, or
other materials, if sufficient cannot conveniently be had within such waste lands,
common grounds, rivers, or brooks, in and through any of the several or inclosed lands
or grounds of any person or persons whomsoever within the parish, township, or place
where the same shall be wanted, or, by licence from two justices of the peace at a
special sessions, within any other parish, township, or place adjoining or lying near to
the highway for which such materials shall be required, if it sh^ appear to such
justices that sufficient materials cannot be conveniently had in the parisl^ township, or
place where such highways lie, or in the waste lands or conmion grounds, rivers, or
brooks of such adjacent parish, township, or place, and that a sufficient quantity of
materials will be ledft for the use of the parish, township, or place where the same ^all
be (such lands or grounds not being a garden, yard, avenue to a house, lawn, park,
paddock, or inclosed plantation), and to take and carry away so much of the said
materials as by the discretion .of the said surveyor shall be thought necessary to be
employed in the amendment of the said highways ; the said surveyor making such
satisfaction for the damage to be done to such lands or grounds by the getting and
carrying away the same as shall be agreed upon between him and the owner, occupier.
App£ndix« 681
or other person interested in such landi9 or ground respectively, in the presence and 13 -Geo. 3.
with the approbation of two or more substantial inhabitants of such parish, township, c. 78.
or place ; and in case they cannot agree, then such satisfaction and recompence shall be ^^ — y — '
settled and ascertained by order of one or more justice or justices of the peace of the ^ ^hat man-
limit where such land or ground shall lie ; and in such places where, from the want of ^^ satisfectiwi
other materials, burnt clay may be substituted in the place thereof, it shall and may be ** settled.
lawful for the surveyor to dig clay in such places as he is hereby authorized to dig ^^^ "J*^ ^
chalk or gravel, and to dry the same upon the lands adjoining, and to burn the same ^to^terieJs
upon any waste liemds or common grounds, and to carry such clay in such manner as for repairing
other materials are allowed to be carried by this Act, upon making such satisfaction for the highways.
the damages within the several inclosed lands or grounds where such clay shall be gofficient ma-
placed or carried as herein directed with regard to other materials ; provided that when terials to be
the owner of any such inclosed lands shall have occasion for any such materials lying left to enable
within the same for the repair of any highway or other roads or ways upon his estate owncn of
or which he shall be under obligation to repair, and shall give notice to such surveyor **^^ ^^^
that he apprehends there will not be sufficient for those purposes, and also for the use <^^h^they
of the public highways, then and in every such case the surveyor shall not be permitted are liable.
to dig or take such materials without the consent of such owner, or an order of two
justices of the peace, after having summoned and heard the said owner or occupier, or
his steward or agent, which justices are hereby authorized to inquire into the nature
and circumstances of the case, and to permit or restrain such power in such manner
and under such directions as to them shall seem just
[XXX.] And whereas in some parishes, townships^ or places there may not be
sufficient materials for the repair of the highways within the same, nor within the
waste lands, common grounds, rivers, or brooks of any other parish, township, or place
lying within a convenient distance from such highway, by reason whereof the surveyor
of such highway may be forced to buy such materials, and to make recompence and
satisfaction to the owner or occupier of inclosed lands for damage which may be done
by getting and carrying thereof: And whereas no provision is made for raising a fund
to reimburse the expences thereof, and also such expences as the said surveyors may
incur by erecting guide posts, or other posts or stones, and by making or repairing
such trunks, tunnels, plats, bridges, or arches as aforesaid, and by rendering satisfac-
tion for damages done to lands by the making of new itches or drains, nor for the
salary to be paid by such parish, township, or place to such surveyor as aforesaid : Be
it therefore enacted, that upon application by such surveyor to the justices of the peace Expences in-
at their special sessions, and oath made of the sum or sums of money which he hath curred for buy-
bon& fide laid out and expended, or which will be required for the purposes aforesaid, ing nM*erialB>
the said justices or any two or more of them shall and they are hereby empowered, by fi^^tioif for
warrant under their hiEtnds and seals, to cause an equal assessment to l>e made for the damages, &c.,
purposes aforesaid upon all occupiers of lands, tenements, woods, tithes, and heredita- may, on appli-
ments within such pai'ish, township, or place where such money shall be so expended <»tion to jos-
or laid out, and the same shall be made and collected by such person or persons and ^^^.^t a
allowed in such manner as the said justices by their order at such sessions shall direct g^J^rtised
and appoint in that behalf; and the money thereby raised shall be employed and byanassess-
accounted for according to the direction of the said justices for the purposes aforesaid ; ment not ex-
and the siud assessments shall be levied in such manner as herein-after mentioned : ceeding 6d. in
IVovided nevertheless, that no such assessment to be made for those or any of those *^® pound,
purposes in any one year shall exceed the rate of sixpence in the pound of the yearly
value of the lands, tenements, woods, tithed, and hereditaments so to be assessed.
[XXXI.] And be it further enacted, that if any surveyor or person employed by Pits or holes
him shall, by reason of the searching for, digging, or getting any gravel, sand, stones, °^^ -"i^i!^^
chalk, clay, or other materials for repairing any highways, make or cause to be made ^^^n^a up
any pit or hole in any such lands or grounds, rivers or brooks as aforesaid, wherein ^^ fenced off.
such materials shall be found, such surveyor, person or persons shall forthwith cause
the same to be sufficiently fenced off and such fence supported and repaired during
such time as the said pit or hole shall continue open, and shall within three days after
such pit or hole shall be opened or made, where no gravel, stones, or materials shall
be found, cause the same to be forthwith filled up, levelled, and covered with the turf
or clod which was dug out of the same, and where any such materials shall be found,
within fourteen days after having dug up sufficient materiab in such pit or hole, cause
the same to be fiUed up, sloped down, or fenced ofi^, and so continued ; and every sur*
veyor shall within twenty days after he shall be appointed to that office cause all the
said pits and holes which shall then be open and not likely to be further useful to be
682
Appendix,
13 Geo. 3.
c. 78.
V V '
Penalty for
neglect.
Materials dug
for the use of
any other parish
to be removed
in summer or
hard frost.
Penalty on per-
sons damaging
mills, buildings,
dams, &c. by
digging ma-
terials.
Statute duty to
be rendered by
persons keep-
ing a team or
occupying
lands, &C.
filled up QT sloped down in manner aforesaid, and if they are likely to be further useful
he shall secure the same by posts and rails or other fences, to prevent accidents to
persons or catUe ; and in case such surveyor, person or persons shall neglect to fill up,
slope down, or fence off such pit or hole in manner and within the time aforesaid, he
or they shall forfeit the sum of ten shillings for every such default ; and in case such
surveyor, person or persons shall neglect to fence off such pit or hole, or to slope down
the same as herein-before directed, for the space of six days after he or they shall havo
received notice for either of those purposes from any justice of the peace, or from the
owner or occupier of such several ground, river, or brook, or any person having right
of common within such common or waste lands as aforesaid, and such n^lect and
notice shall be proved upon oath before one or more of the said justices of the peace,
such surveyor, person or persons shall forfeit and pay any S|im not exceeding ten
pounds nor less than forty shillings for every such neglect, to be determined and
adjudged by such justice or justices, and to be laid 5ut and applied in the fencing off»
filling up, or sloping down such pit or hole, and toward the repair of the roads in
the parish, township, or place where the offence «hall be committed, in such manner
as the said justice or justices shall direct and appoint ; which forfeiture, in case the
same be not forthwith paid, shall be levied as other forfeitures are herein-after directed
to be levied.
[XXXII.] Provided always, and be it further enacted, that no stone, gravel, or
materials to be dug for the use of any other parish, township, or place than that
wherein the same are found shall be removed or carried fi'om the place where they
shall be so dug at any other time than between the fii'st day of April and the first day
of November, or in the time of hard frost in the winter season.
[XXXIII.] And be it further enacted, that if any person shall dig or cause to be
dug materials for the highways contrary to the direction of this Act, whereby any
bridge, mill, building, dam, highway, ford, mines^ or tin-works may be damaged or
endangered, every offender therein shall forfeit for every such offence any sum not
exceeding five pounds nor less than twenty shillings, at the discretion of the court or
justices before whom complaint thereof shall be made.
[XXXIY.] And be it further enacted, that the said surveyor to be appointed as
aforesaid, together with the inhabitants and occupiers of lands, tenements, woods,
tithes^ and hereditaments within each parish, township, or place, shall at proper seasons
in every year use their endeavours for the repair of the highways, and shall be chargeable
thereunto as followeth ; that is to say, every person keeping a waggon, cart, wain,
plough, or tumbrel, and three or more horses or beasts of draught used to draw the
same, shall be deemed to keep a team, draught, or plough, and be liable to perform
statute duty with the same in the parish, township, or place where he resides, and shall
six days in every year (if so many days shall be found necessary) to be computed from
Michaelmas to Michaelmas, send on every day and at every place to be appointed by the
surveyor for the amending the highways in such parish, township, or place, one wain,
cart, or carriage, furnished after the custom of the country with oxen, horses, or other
cattle, and all other necessaries fit to carry things for that purpose, and also two able
men with such wain, cart, or carriage ; which duty so performed shall excuse every
such person &om his duty in such parish, township, or place in respect of all lands,
tenements, woods, tithes, or hereditaments, not exceeding the annual value of iif^
pounds, which he shall, occupy therein ; and every person keeping such team, draught,
or plough, and occupying in the same parish, township, or place, lands, tenements,
woods, tithes, or hereditaments of the yearly value of fifty pounds, over and beyond the
said yearly value of fifty pounds in respect whereof such team duty shall be performed,
and every such person occupying lands, tenements, woods, tithes, or hereditaments of
the yearly value of fifty pounds in any other parish, township, or place besides that
wherein he resides, and every other person not keeping a team, draught, or plough,
but occupying lands, tenements, woods, tithes, or hereditaments of the yearly value of
fifty pounds in any parish, township, or place, shall in like manner respectively and
for the same number of days find and send one wain, cart, or carriage, furnished with
not less than three horses or four oxen and one horse, or two oxen and two horses,
and two able men to each wain, cart, or carriage, and in like manner for every fifty
pounds per annum respectively which every such person shall ^rther occupy in any
such parish, township, or place respectively, such wains, carts, or carriages to be
employed by the surveyor in the repairing and amending the highways within the
parish, township, or place where such lands, tenements, woods, tithes, or hereditaments
shall respectively lie ; and every person who shall not keep a team, draught, or plough,
App£Kdiic« 683
but sball occupy landB, tenements, woods, tithes, or hereditaments under the yearlj 13 Gbo. 3«
Taloe of fifty poonds in the parish, township, or place where he resides, or in any other c. 78.
parish, township, or place, and every person keeping a team, draught, or plough, and ^^ — «^— ^
occupying lands, tenements, woods, tithes, or hei^itaments under the yearly value of ContiibationB
fifty pounds in any other parish, tovmahip, or place than that wherein he resides, shall ^ mon«7>
respectively contribute to the repair of the highways, and pay to the surveyor of such
parish, township^ or place respectively, in Ueu of such duty, the sums following ;
videlicet, for every twenty shillings of the annual value of such lands, tenements, woods,
tithes, or hereditaments respectively, the sum of one penny for every day's statute duty
which shall be required and called for by the surveyor of such parii^, township, or
place respectively in every year, not exceeding six days duty in the whole as aforesaid ;
and every such person i^pectively shall in like manner pay the sum of one penny for
every tw^ity shillings of the annual value of the lands, tenements, woods, tithes, and
hereditaments which he shall occupy in any such parish, township, or place respectively
above the annual value of fifty pounds and less than one hundred pounds, and so for
every twenty shillings that each progressive and intermediate annual value of twenty
shillings of the lands, tenements, woods, tithes, and hereditaments which he shall so
occupy shall fall short of the further increase of fifty pounds in every parish, township,
or place where such lands, tenements, woods, tithes, and hereditaments shall respectively
lie, for every day's statute duty so to be required as aforesaid ; which said several *?a^^^°'
sums shall be considered as compositions, and shall be paid to the surveyor of the ^p^tion»*an™"
parish, township, or place in which they are charged for the use of the highways ^\^ ^th such
therein, at the time such compositions are to be paid under the authority of this Act compositions,
or within ten days after ; or in default of such pa3rments such money shall be levied or recovered
by distress and sale of the goods and chattels of the person or persons refusing to pay by distress.
the same, in such manner as the forfeitures for the neglect in performing the statute
duty are hereby authorized to be levied and raised : Provided that no person keeping
such team, draught, or plough, and performing duty with the same as aforesaid in
the parish, township^ or place where he resides, and not occupying lands, tene-
ments, woods, tithes, or hereditaments within the same of the yearly value of thirty
pounds, shall be obliged to send more than one labourer with such team, draught, or
plough.
[XXXV.] And be it further enacted, that every person who shall not keep a team. Statute duty
draught, or plough, but shall keep one or more cart or carts, and one or two horses or required from
beasts of draught only used to draw in each of such carts upon the highways, shall be po^ons who
obliged to perform his statute duty for the like number of days with such cart or carta t^^burifeep
and horse or horses, or beasts of draught, and one labourer to attend each cart, or to ^^^ ^^ xwo
pay for the lands, tenements, woods, tithes, and hereditaments which he shall occupy horsvs used to
according to the rate aforesaid, at the option of the surveyor ; and every person who draw, or who
shall keep a coach, post chaise, chair, or other wheel carriage, and not keep a team, ^^^ u*^*^ *
draught, or plough, nor occupy landd, tenements, woods, tithes, or hereditaments of the *^*^ chaise, 5tc.
annual value of fifty pounds in the parish, township, or place where he shall reside,
shall pay to the surveyor one shilling in respect of every such day's statute duty for
every horse which he shall di*aw in any such carriage, or shall pay according to the
value of the lands, tenements, or hereditaments which he shall occupy according to the
rate aforesaid, at the option of the sui*veyor ; and also every man inhabiting in any Personal labour
parish, township, or place, and being of the age of eighteen and under the age of sixty required from
years, not chai'geable in any of the respects aforesaid for lands, tenements, woods, inbabitants
tithes, or hereditaments of the yearly value of four pounds or upwards, and not being ^^.^py j^*^,
bona fide an apprentice or menial servant, nor having performed the said duty or paid ^f y^iue ^f
the composition for the same in any other parish, township, or place for that yeai*, 4/. per annum,
shall, by themselves or one sufficient labourer for every of them, upon every of the
said days on which they shall be called forth by the said surveyor, together with the
said oiher labourers, work and labour in the amendment of the said highways, as they
shall bo directed by such surveyor ; and if the said teams, draughts, or ploughs, or Three men to
any of them, shall not be thought needful by the surveyor on any of the said days, then be sent in lieu
every such person who should have sent any such team, draught, or plough according ®* * tcwn, if
to the directions aforesaid shall, according to the notice to l^ given as herein-after ^g'J^ia^'
directed, send unto the said work for every one so spared three able men, there to money to be
labour as aforesaid, or to pay to the said surveyor the sum of four shillings and sixpence paid in lieu
in lieu thereof ; and all such persons as aforesaid shall respectively have and bring thereof,
with them such shovels, spades, picks, mattocks, and other tools an4 instruments as are
useful and proper for the purposes aforesaid ; and all the said persons and carriages
684
Appendix.
13 Geo. 3.
c. 78.
' — , — '
Daring what
lionrs the
duty shall be
performed.
Forfeitures
may be re-
covered from
those who do
Dot send la-
bourers, or
whose labourers
refUse to work.
The surveyor
may call for
part of a team
where he thinks
it uecessary.
What notice •
to be given for
performing the
duty.
Forfeitures for
every default
or neglect.
Application of
the forfeitures.
The surveyor
to call forUi
the duty fairly
and equally.
Persons may
compound for
statute duty.
shall diligently perform the work and labour to which they shall be appointed by soch
surveyor for eight hours in every of the said days within such parish, township, or
place, or in getting and carrying materials in and from any other parish, township, or
place to be employed in the repair of the highways of the parish, township, or place
for which they shall be required to perform such duty and labour as aforesaid ; and if
any person sending a team as aforesaid shall not send a sufficient labourer besides the
driver (except as herein-beforc mentioned), or if any such lab6urer or driyer, or any
other labourer, or the di'iver of any cart required by this Act to perform statute duty as
aforesaid shall refuse to work and labour during the time above mentioned according
to the direction of the surveyor, or if any driver shall refuse to carry proper and
sufficient loads, it shall and may be lawful for such surveyor to discharge every such
team, cart, or labourer, and to recover from the owner of evefy such team or cart tho
forfeiture which every such person or persons would have incurred by virtue of this
Act in case no such team, cart, or labourer respectively had been sent.
[XXXYI.] And be it further enacted, that it shall and may be lawful for the
surveyor, where the employment for teams is of such soit that two horses will be
sufficient for one cart, or where a stand cart with one horse shall be necessary, to call
upon any person liable to send a team, draught, or plough by virtue of this Act, who
keeps one or more cart or carts, and three or more horses, to send such cart or carts,
horse or horses, to peiibrm his statute duty, as the surveyor shall find most convenient
and shall direct ; and the surveyor shall allow every such stand cart and one horse as
half a team, and every cart and two horses as two thirds of a team ; and ff a waggon
shall be found necessary for any particular business the surveyor may require the duty
or any part thereof to be performed with such waggon by any person wha keeps one ;
which directions of the surveyor shall be observed, or the person liable to perform such
duty shall forfeit such sum as the duty so required of liim shall bear in proportion
to the forfeiture hereby inflicted for every neglect in performing duty with a team,
draught, or plough.
[XXXVn.] And be it further enacted, that every such surveyor shall from time to
time give to or cause to be left at the house or usual place of abode of every person or
persons so liable to perform such duty or labour as in this Act directed four days
notice at the least of the day, hour, and place upon which each of the said day's duty
shall be required to be performed ; and every person or persons making default in
finding and sending each wain, cart, or carriage, furnished as aforesaid, and such able
men with the same as herein required, or in performing the said duty at Ihe time and
place and in the manner by this Act directed, shall for every such default or neglect in
sending such wain, cart, or caiTiage with such men as aforesaid forfeit the sum of ten
shillings ; and for every default in sending every cart with one horse and one man
three shillings ; and for not sending every cart with two horses and one man five
shillings ; and every person or persons mf^ing default in sending any such labourer,
and every person making default in performing such labour at the time and place and
in the manner directed by this Act, or in paying such composition money for the same
as herein mentioned, shall for every such neglect forfeit the sum of one shilling and
sixpence ; all which forfeitures shall be applied for the use of the highways within the
parish, township, or place where the same shall arise; and the said surveyor shall fairly
and equally demand and require such duty and labour from every person or persons
liable to perform the same according- to the directions of this Act, without favour or
partiality to any person or persons whomsoever; and if in any parish, township, or
place it shall not be necessary to call forth the whole duty in any year, it shall be
abated in a just and equal proportion amongst all persons liable to the same ; and the
said surveyor may and shall and he is hereby required, with all convenient speed after
default made in performance of such duty or labour as aforesaid, to proceed for the
recovery of the penalties or forfeitures hereby inflicted for the same respectively in
manner herein-after directed, so that the same may be recovered before he makes up
his accounts in the manner directed by this Act.
[XXXVIII.] Provided always, and be it further enacted, that any person or persons
liable to perform the said duty by sending one or more team or teams, draught or
draughts, plough or ploughs, with men, horses, or oxen, in manner aforesaid, shall anil
may compound for the same if he, she, or they shall think fit, by paying to the said sur-
veyor, at the time and in the manner herein-after mentioned, such sum or sums of
money as the justices of the peace for the limit wherein such parish, township, or place
shall be, or the major part of them, at tlieir said special sessions to be held in the first
week after Michaelmas quarter sessions in every year, shall adjudge and declare to be
Appendix- 685
reasoDable, not exceeding six shillings nor less than three shillings for each team, iq pvo ^
<lraught, or plough for each day ; and in default of their adjudging and declaring Jq* *
the same, the sum of four shillings and sixpence for and in lieu of every such day's ^ ' j
duty for each team, draught, or plough ; and for every cart and one horse or beast of Compositions
draught, two shillings, and for every cart with two horses or beasts of draught, three fixed,
shillings, for and in lieu of every day's duty ; and every inhabitant liable to perform
such duty or labour as aforesaid, and not chargeable in any other respect as aforesaid,
shall and may compound for the same if he, she, or they shall think fit, by paying to
the surveyor the sum of fourpence for and in lieu of every such day's duty or labour
respectively, at the time and in the manner herein-after directed for the payment of
composition money.
[XXXIX.] Froyid]^ always, and be it further enacted, that if it shall appear to Justices may
the justices at their special sessions to be held in the week next after Michaelmas direct the per-
quarter sessions that from the directions herein -before given for the performing and J"™^"J<5e of
compounding the statute duty there will be diflBculty in procuring the necessary car- j^J^ Inldnd
riages, or a sufficient number of labourers, for the repair of the highways in any in aoy parish,
particular parish, township, or place within their respective limits, without paying high &c. where they
and extravagant prices for the same, it shall and may be lawful for such justices to ^^ extrava-
order and direct the team duty hereby required, or so much thereof as they shall think g"^t.P"c«*
* reOtlllTCHl TOT*
fit, to be performed in kind within every such parish, township, or place, except in twins or
respect of such teams as belong to persons who do not occupy lands, tenements, woods, labour,
tithes, or hereditaments of the annual value of thirty pounds within the same, and also
to order the labourers liable by this Act to perform or compound for statute duty, or
such part of them as they shall think fit, to perform six days labour upon such high-
ways in kind, in case so many days duty shall be required, upon being paid for such
labour the usual and customary wages given to labourers in such parish, township, or
place, deducting thereout the sum of fourpence for each day's duty so performed, being
the composition ^hereby allowed for labourers ; provided that if part of such teams or Mode of pro-
labourers only are required it shall be directed by the said order of the justices in some ceeding if they
given proportion, as one half, third, or fourth part thereof; and the surveyor shall in ^"j^^Ji*'^
that case, at a public vestry for such parish, township, or place, put the names of all J^jJt^tg If^^
the persons liable by this Act to send such teams into one hat or box, and the names of perform their
all the persons liable to perform such labour into another hat or box, and some inhabi- duty or labour
taut then present shall draw out such number from each as shall be equal to the pro- i^ kind,
portion so ordered by the said justices, and the persons so drawn shall perform such
duty in kmd for that year ; and that if any such order shall be made or continued in
the subsequent year the same method shall be observed, but the names drawn in the
preceding year shall not be put into such hat or box ; and in every succeeding year
such method and regulation shall be observed by such surveyor as to render the duty
so required to be performed in kind as equal amongst the several persons liable thereto
as may be ; which order of the said justices, so far as the same shall be extended, shall
supersede the said power or liberty of compounding, and shall be binding and effectual
to all intents and purposes whatsoever, and shall continue in force until it shall be
discharged or varied by the justices at some subsequent special sessions for the high-
ways within such limit, to be held in the week next afler Michaelmas quarter sessions ;
anything herein contained to the contrary thereof in anywise notwithstanding.
[XL.I Fbovided always^ and be it further enacted, that if any person or persons Justices may
who shall keep a team, draught, or plough, and shall not occupy lands, tenements, mitigate the
woods, tithes, or hereditaments to the value of thirty pounds per annum in the parish, duty or corn-
township, • or place where he shall reside, but shall in part maintain his horses and J^^llJ^^i^.
beasts of draught used in such team upon or from lands which he shall occupy in one ta^Us team"
or more adjacent parish or parishes, it shall and may be lawful for the said justices at partly from
some special sessions to mitigate and reduce the duty or composition so required to be lands in an-
performed or paid by such person or persons in such manner and to such sum as they ^^^^ parish,
shall think just and reasonable.
[XLL] FROyn)£D also, and be it further enacted, that the said surveyor of every Surveyors to
parish, township, or place shall, on some Sunday in November in every year, cause ten give notice of
days notice at the least to be given in the church or chapel of such parish, township, or ^ ^^ ^*
place, and if there be no church or chapel, or no service performed therein, then at TOundinL."""*"
the most public place there, and repeat the like notice in such church, chapel, or place,
on the next succeeding Sunday, of the time and place when and where the persons
permitted under the authority of this Act and inclined to compound for the said duty
in manner aforesaid may signify to such surveyor their intention to compound ; and
686
Appendix.
13 Geo. 3.
c. 78.
How the com-
poBition money
shall be paid
and employed.
Apportionment
of composition
money on
change of occu-
pancy or partial
residence, &c.
Repayment
of composition
money paid
in excess.
Persons keep-
ing a draught
or plough, and
no carriage, to
pay for the
horses or oxen
drawing them.
Inhabitants
may fix three
months in the
year in which
the statute duty
shall not be
called forth.
Where part of
the duty is to
be performed
on turnpike
roads, and the
surveyor re-
ceiyes compo-
sition money,
.he shall pay
to the treasurer
of the turnpike
roads his pro-
portion of the
composition,
to be laid out
for the use of
the turnpike
road wi^in
the parish.
If the duty and
the money
before autho-
rized to be
raised shall not
be sufficient,
the justices
all and every person or persons signifying the same who shall then, or within the spaee
of one calendar month aftei*wards^ pay to such surveyor the composition authorized and
allowed by this Act shall be discharged from the performance of such duty ; which
composition money shall be employed by the surveyor for the use of the highways ;
and that no composition shall be permitted unless the same shall be paid at the day or
within the time aforesaid ; but in cases where the occupation of any lands, tenements,
woods^ tithes, or hereditaments shall be changed, or any new occupant or inhabitant
shall come to reside in such parish, township, or place, after the time appointed for
such composition, then the person or persons occupying such lands, tenements, woods,
tithes, or hereditaments, or so residing in such parish, township, or place, shall be
allowed to compound in manner aforesaid, provided he, she, or they shall pay the said
composition money to the said surveyor within fourteen days after he, she, or they shall
enter upon such landsj tenements, or hereditaments, or shall come to reside in such
parish, township, or place; and every tenant or occupier of any lands, tenements,
woods, tithes, or hereditaments, who intends to quit the possession thereof witMn six
calendar months from the time fixed for making such composition, shall and may com-
pound for half the duty hereby required,^ and the succeeding tenant or occupier, shall
and may in that case compound or perform the duty in kind for the other hsdf thereof;
and if the surveyor shall receive from any person or persons a composition for more
duty than shall be required from i;he other inhabitants and occupiers within the same
parish, township, or place for the same year, he shall repay such extraordinary com-
position money to such person or persons, so as to bring the duty to an equality
amongst all such inhabitants and occupiers.
[XXiII.] Provided always, and be it further enacted, that in every parish, township,
or place where any person shall keep a draught or plough, and no carriage, he shidl
pay to the surveyor the sum of one shilling for every horse or pair of oxen or neat
cattle used in such draught or plough, for every day's statute duty, on the day such
duty is required to be performed, or pay according to the rate aforesaid for the lands,
tenements, woods, tithes, and hereditaments which he shall occupy in such parish,
township, or place, at the option of the surveyor.
[XLITI.] And in order to prevent as much as possible any inconvenience to the
persons liable to perform statute duty, be it enacted, that it shall and may be lawful
for the inhabitants of every parish, township, or place, at some vestry or other
public meeting or meetings to be held pursuant to this Act, to appoint three months in
every year within which no statute duty shall be performed ; videlicet, one month in
the spring to be called the seed month, one month in the smnmer for the hay harvest,
and one other month in the summer for the corn harvest : Provided that notice in
writing be given of the time so appointed to the surveyor of such parish, township, or
place respectively, and also to the surveyor of every turnpike road lying within the
same, within three days after every such meeting, and fourteen days at least before the
beginning of each of such months.
[XLIV.] And whereas by several Acts of Parliament concerning turnpike roads a
certain part of the duty called statute duty is or may be directed to be performed on
such roads, and it may happen in some places that the several persons liable thereto
may have compounded for the same : Be it therefore further enacted, that in all such
cases the surveyor of the highways of the parish, township, or place where such com-
position shall have been made shaJl pay to the treasurer or surveyor of such turnpike
roads a certain part of the composition money so received, to be proportioned according
to the number of days duty which such person or persons was or were liable to peifonn
on such turnpike road ; which money shall be laid out and expended on such part of
the said turnpike road as lies within the parish, township, or place from which it was
received, and not elsewhere ; and if such surveyor of the highways shall reftzse or
neglect to pay to the treasurer or surveyor of such turnpike road such part of the said
composition money so received by him within twenty days after he shall have received
the same, upon demand made by such treasurer or surveyor, the same shall and may be
levied upon the goods and chattels of such surveyor, in such manner as penalties and
forfeitures are by this Act authorized to be levied.
[XLV.] And be it further enacted, that if upon application of the surveyor of the
highways for any parish, township, or place to the justices of the peace for the limit
wherein such parish, township, or pla<^ lieth, at their general or quarter sessions of
the peace, or at some special sessions for the highways, the said justices shall be fully
satisfied by proof upon oath that the duty hereby directed to be performed and the
money hereby authorized to be collected and received has been performed, applied, and
ApF£ND1x. 687
expended according to the directions of this Act, or shall be fuUj satisfied that the 13 Geo. 3.
common highways, bridges, cansewajs, streets, or pavements belonging to such parish, c. 78.
township, or place are so far out of order that they cannot be sufficiently amended and ^^— v — '
repaired, paved, cleansed, and supported by the means herein-before prescribed (notice may order an
being first given of such intended application at the church or chapel of such parish, assessment,
township, or place on some Sunday preceding such quarter or speciid sessions, or if
the place be extra-parochial notice in writing being first given of such intended appli-
cation to some of the principal inhabitants residing in such extra-parochial place a
week at least before such general or special sessions), that then and in any of the said
cases an equal assessment upon all and every the occupier of lands, tenements, woods,
tithes, and hereditaments within any such parish, township, or place shall or may be
made and collected by such person and persons and allowed in such manner as the said
justices by their order at such general or special sessions shall direct and appoint in
that behalf; and the money thereby raised shall be employed and accounted for,
according to the orders and directions of the said justices, for and towards the amend-
ing, repairing, paving, cleansing, and supporting such highways, causeways, streets,
pavements, and bridges from time to time as need shall- require.
[XL VI.] Provided nevertheless, that the assessment herein last befoi% authorized, ^yj ^^^ assess-
and the assessment hereiu-before authorized for buying materials, making satisfaction ments npt to
for damages, erecting guide posts, and paying the surveyor's salary, shall not together exceed 9rf. in
in any one year exceed the rate of ninepence in the pound of the yearly value of the *^® pound in
lands, tenements, woods, tithes, and hereditaments so to be assessed. *°y ^^^ ^^^'
[XLVIL] And be it farther enacted, that no fine, issue, penalty, or forfeiture for Ymes penal-
not repairing the highways, or not appearing to any indictment or presentment for not ties, fmd for-
repairing the same, shall hereafter be returned into the Court of Exchequer or other feitures^howto
court, but shall be levied by and paid into the hands of such person or persons residing ^ levied and
in or near the parish, township, or place where the road shall lie as the court imposing ^PP^^«
such fines, issues, penalties, or forfeitures shall order and direct, to be applied towards
the repair and cunendment of such highways; and the person or persons so ordered to
receive such fine shall and is hereby required to receive, apply, and account for the
same according to the direction of such court, or in default thereof shall forfeit double
the sum received ; and if any fine, issue, penalty, or forfeiture to be imposed on any Fines imposed
such parish, towni^p, or place for not repairing the highways or not appearing as o° <^ parish,
aforesaid shall hereafter be levied on any one or more of the inhabitants of such parish, *^'» "^^.^^
township, or place, that then such inhabitant or inhabitants shall and may make his or ^t^oll be '
their complaint to the justices of the peace at their special sessions ; and the said reimbnned
justices are hereby empowered and authorized by warrant under their liands and seab by a rate,
to cause a rate to be made, according to the form and manner herein last before pre-
scribed, for the reimbursing such inhabitant or inhabitants the monies so levied on him
or them ai^ aforesaid ; which rate so made and confirmed by any two justices shall be
collected and levied by the surveyor of the highways of such parish, township, or place
so presented or indicted as aforesaid ; and the said surveyor shall within one month
next after the making and confinning the rate aforesud collect, levy, and pay unto such
inhabitant or inhabitants the money so levied on him or tiiem as aforesaid.
[XLVIIL] And be it ftirther enacted, that the surveyor of the highways for every Snrveyor's
parish, township, or place shall carefully and diligently collect or cause to be collected duty as to col-
the several assessments, forfeitures, penalties, sums of money, and compositions directed ^^^^^ 5^***"^
and allowed to be received and taken within the same by virtue of this Act within the J^pw boo^
year for which he is appointed surveyor ; and shall keep one or more book or books in g^^ al^unts.
which he shall fairly enter a just, true, and fair account of all such money as shall
have come to his hands or to the hands of the said assistant in respect of such parish,
township, or place by virtue and for the purposes of this Act, and to whom and on
what occasion he shall have paid or applied the same ; and shall also enter in such book
or books a list or lists of all such sums of money as shall then remain due and owing
from any person or persons in respect of the payments, compositions, assessments,
penalties, or forfeitures to be collected, received, or taken for and in respect of the said
highways by virtue of this Act ; and the said surveyor shaU also enter in the said book
or bookis an account of all tools, materials, implements, and other things provided or
to be provided, by order of the inhabitants at a vestry or other public meeting, for the
repair of the said highways, at the public expence of such parish, township, or place ;
and shall produce such books, and the assessments made within that year for the Books and
purposes of this Act, unto the inhabitants of the parish, township, or place to which ^^^^ ^
688
Appendix,
13 Geo. 3.
c. 78.
« — w — '
and inspected
by inhabi-
tants of parish,
and passed be«
fore a justice
or at special
sessions :
and afterwards
to be kept
by church-
wardensy &c.
Duplicates
of books and
accounts,
balance of
money, mate-
rials, tools, &c.,
to be delivered
to the succeed-
ing surveyor.
New surveyor
authorized to
collect arrears,
&c.
Fenaltieft on
surveyors for
neglect of
duty.
If surveyor
dies, his execu-
tors, &c. shall
account
Fees to be paid
to the justices
clerks.
Surveyor may
contract for
getting and
carrying mate-
rials at a public
meeting.
Surveyor not
to have any
share in con-
tracts for work
or materials.
they belong^ at a vestry or other public meeting to be held, for tbat purpose within
fifteen days before the said special sessions so to be held in the week next after
Michaelmas quai*ter 'sessions as aforesaid, to the intent that the said accounts, assess^
ments, and lists may be inspected by the inhabitants of such parish, township, or
place respectively ; and every such surveyor shall, after the said books and assessments
shall have been produced at such meeting, take the same to such justice of the peace
for the limit wherein such parish, township, or place doth lie, and on such day and at
such hour, as shall be agreed upon at such meeting, some day after the said meeting of
the inhabitants, and before such last-mentioned special sessions, and then and there
verify such account or any part thereof upon oath if required ; and such justice may
allow such acccTunt if he fiinds it just or postpone it until such special sessions if he finds
cause for so doing, in which case it may be settled and allowed at such special sessions
after the parts objected to by such justice shall have been explained and verified by
proper evidence to the satisfaction of the justices at such special sessions ; and in case
any articles contained in such accounts shall not be explained and proved to the
satisfaction of such justices they may disallow the same ; and whenever the said
accounts shall be so settled and allowed or disallowed as aforesaid all such books and
assessments §hall be transmitted to the churchwarden or overseer of the poor for such
parish, township, or place respectively, or if the place be extra-parochial, then to some
principal inhabitant thereof, to be kept for the use of such parish, township, or place ;
and the said surveyor shall forthwith deliver a duplicate of such book and account,
together with all sums of money as shall remain in his hands, and likewise all tool8,
materials, implements, and other things as aforesaid to the succeeding surveyor for
such parish, township, or place, in case any new surveyor shall be appointed, or retain
the same in his hands, and account for them in his next account if he shall be continued
surveyor for such parish, township, or place in the succeeding year ; and it shall and
may be lawful for the succeeding surveyor, and he is hereby authorized and required,
to recover, collect, and receive all such sums of money which shall be due and owing
as aforesaid by all such ways and means as fnlly and effectually to all intents and
purposes as the preceding surveyor could, might, or ought to have recovered, col-
lected or received the same ; and in case such surveyor shall neglect to provide such
book or books, or to enter such respective accounts and lists therein, or to deliver
the said book or books, and such duplicate thereof, and such assessments, tools, ma-
terials, implements, and other things in manner aforesaid, he shall for every such
offence forfeit any sum not exceeding five pounds nor less than forty shillings ; and in
case he shall make default in the paying or accounting for the money so remaining in
his hands within the time and according to the directions aforesaid, he shall forfeit
double the value of the money which shall be adjudged by the said justices to be in his
hands ; and in case any such surveyor shall die before such respective accounts and
lists shall be made out, or such monies, books, assessments, tools, materials, and
implements shall be so delivered and paid, the executors or administrators of such
surveyor shall make out, pay, and deliver the same in like manner and under the like
penalty as such surveyor is hereby required and made subject and liable to ; and every
surveyor shall pay to the justices clerks for the appointment and charge the sum of one
shilling, for the bond sixpence, and for the account so to be examined' and taken and
for the oath so to be administered the sum of one shUiing and no more; and if
any person or persons shall receive any greater sum or fee for the business afore-
said than herein-before mentioned he shall forfeit the sum of ten pounds for every
oifence.
[XLIX.] And be it further enacted, that in every parish, township, or place where
a sufficient quantity of stone, gravel, chalk, or other materials cannot be provided
and carried by the labourers and teams required by this Act to perform statute duty
within such parish, township, or place, the said surveyor shall and is hereby required
to contract for the getting and carrying thereof (in the presence of the said assistant,
if any such shall be appointed) at a meeting to be held for that purpose, of which ten
days notice in writing shall be given by fixing the same upon the door of the chtirch
or chapel of such parish, township, or place, or if there be no church or chapel at the
most public place there, which notice shall specify the work to be done, and the time
and place for letting thereof; and if any surveyor shall have any part, share, or
interest, directly or indirectly, in any such contract, or in any other contract or bargain
for work or materials to be made, done, or provided upon, for, or on account of any of
the highways, roads, bridges, or other works whatsoever under his care or numage-
ment, or shall upon his own account, directly or indirectly, let to hire any team, or seU
I
Appendix. 689
or dispose of any timber, stone, or other materials to be used or employed in making 13 Geo. 3.
or repairing such roads, bridges, or other works as aforesaid (unless a licence in writing c. 78.
for the sale of any such materials, or to let to hire any such teaii), be first obtained '^ — y — *
from some justice of the peace within that limit), he shall forfeit for every such ofience Penalty,
the sum of ten pounds, and be for ever after incapable of being employed as a surveyor
[ with a salary under the authority of this Act.
[L.] And be it further enacted, that if any surveyor of the highways after his Penalty on
acceptance of the said office shall neglect his duty in anything required of him by this sarveyor for
Act for which no particular penalty is imposed, he shall forfeit for every such offence °^^«<^ of duty,
any sum not ezcecMling five pounds nor less than ten shillings, at the discretion of the tiet^^pciStv
justice or justices having jurisdiction therein. ig imposed.
[LI.] And be it further enacted, that where any lands have been or shall be given pejgo„g g^-
f for the maintenance of causeways, pavements, highways, and bridges, all such persons feoffed with
who are or shall be enfeofied or trusted with any such lands shall let them to farm at lands for the
the most improved yearly value, without fine ; and that the justices of the peace in maintenance ol
their open sessions shall and may inquire, by such ways and means as they shall think ^v|^'5*?!l?*''
fitting, into the value of all such lands so given or to be given, and order the improve- J^ ^^^ ^^ ^^
ment and employment of the rents and profits thereof according to the will .and direc- most improved
tion of the donor of such lands, if they find that the persons so intrusted have been value, under
i^egligent or faulty in the performance of their trust (except such lands have been given Bupervision
for the uses aforesaid to any college or hall in either of the universities of this king- o^ Justices,
dom which have visitors of their own) ; any law, statute, usage, or custom to the
j contrary notvnthstanding.
I [IjIL'] And whereas in some places it hath been and may be found necessary, and
the surveyors are hereby authorized and required, to secure horse causeways and foot
causeways by posts, blocks, or great stones fixed in the ground, or by banks of earth
cast up, or otherwise, from being broken up and spoiled with waggons, wains, carts,
or carriages : And forasmuch as sevei'al evil-disposed persons do or may wilfully or
wantonly pull up, cut down, and remove or damage the said posts, blocks, and great
' stones so fixed or to be fixed as aforesaid, and drive carriages upon such banks and
,| causeways, or against the sides thereof, and also dig or cast down the said banks, which
l are the securities and defence of the said causeways, whereby the causeways or banks
'.; are often ruined and destroyed ; and such evil-disposed persons do or may break,
,'* damage, or throw down the stones, bricks, or wood fixed upon the parapets or battle-
; j ments of bridges, and do or may pull down, destroy, obliterate, or deface any mile-
stone or post, graduated or direction post or stone, erected or to be erected upon any
'^' highway : For preyention thereof, be it enacted, that every person who shall be guilty Penalty on
^' of any such offence shall, upon complaint thereof made to any justice of the peace of persons damag.
^ the limit where the same shall be proved to be done by the oath of any one credible mg banks,
J witness, or upon view of the justice himself, forfeit for every of the said offences any causeways,
^ sum not exceeding five pounds nor less than ten shillings, and in default of pay- nJiSoner****'
ment thereof shall be committed to the house of correction of such limit, there to be battlements of •
whipped and kept to hard labour for any time not exceeding one calendar month nor bridges, &c.
less than seven days, at the discretion of such justice. Justices of
[LIII.] And be it further enacted, that the justices of the peace of all cities, cor- cities, &c. to
porations, boroughs, and other places are hereby required to put in execution every put the Act
part of this Act within their respective jurisdictions. ^°^o execution.
[LIV.] Provided always, and be it further enacted, that nothing in this Act con- Justices of
tained shall authorize or empower, or be deemed, construed, or taken to authorize, and ^*^^' *^!Li°*^*
empower any justice or justices of the peace for any city, town corporate, or borough ^ gurJeyow'**
to kx. or allow any salary to or for any surveyor to be appointed by any such justice or except such as
justices, other than and except such salary as shall be settled and agreed upon by two shall he settled
parts out of three of the persons assembled in the parish, township, or place within such by houne-
ciiy, town corporate, or borough for which such surveyor shall be appointed, pursuant holders,
to the directions of this Act.
[LV.] And whereas the highways, not being turnpike roads, are much prejudiced
\ by the narrowness of the wheels of the several carriages travelling thereon, and by Limitation of
the excessive burthens loaded in such carriages : Be it enacted, that no waggon having the number of
the sole or bottom of the fellies of the wheels of the breadth of nine inches shall go or horses for
be drawn with more than eight horses ; and that no cart having the sole or bottom of ^^^^^
the fellies of the wheels thereof of the breadth of nine inches shall go or be drawn jQg ^o the
with more than five horses ; and that no waggon having the sole or bottom of the breadth of
fellies of the wheels of ihe breadth of six inches, and rolling on each side a surface of the wheels.
VOL. rv. XX
V
i^
690
Appendix.
13 Geo. 3.
c. 78.
Penalties.
Carriages on
sixteen-inch
wheels may
be drawn by
any number
of horses.
Prosecutions
for driving
too great a
number of
horses how to
be carried on.
Justices of
peace, at their
MichaeUnas
quarter ses-
sions, may
license an in-
crease of the
number of
hors€0 for use
up steep hills,
&c.
Justices may
stop proceed-
ings for for-
feitures for
driving addi-
tfonal horses,
when, from ice
or deep snow,
they were
necessary.
Carriages ex-
cepted out of
this Act.
Two oxen to
be considered
as one horse.
The owner's
name, &c. to be
painted on all
waggons and
carts, and also
on coaches,
post chaises,
&c. let to hire.
Particulars to
be painted on
stage waggons,
&c.
nine inches, shall go or be drawn with more than seven horses ; and that no snch waggon
rolling a surface of six inches only shall go or be drawn with more than six horees;
and that no cart having the sole or bottom of the fellies of the wheels of the breadth
of six inches shall go or be drawn with more than four horses ; and that no waggon
havinc; the sole or bottom of the fellies of the wheels of less breadth than six ioches
shall go or be drawn with more than five horses ; and that no cart having the sole or
bottom of the fellies of the wheels of less breadth than six inches shall go or be drawn
with more than three horses upon such highways ; under the pains, penalties, and fo^
feitures herein-after mentioned ; (that is to say,) that the owner of such waggon or
cart respectively shall forfeit the sum of five pounds, and the driver, not being the
owner, the sum of ten shillings, for every horse or beast which shall be so drawing
abov^ the number hereby so respectively limited as aforesaid, to the sole use and benefit
of the informer ; but carriages moving uppn wheels or rollei*s of the breadth of sixteen
inches on each side thereof, with fiat surfaces, are hereby allowed to be drawn with
any number of horses or other cattle.
[LVI.] Provided always, and be it enacted, that no prosecution shall be commenced
before a justice of peace by way of information for any forfeiture incurred by the
owner or driver of any carriage having a greater number of horses therein than are
allowed by this Act unless such information be laid within three days after the offence
committed ; and that no action shall be commenced for any such offence unless the
same be commenced within one calendar month after the offence committed ; and that
neither such information or action shall be laid or commenced unless notice shall be
given by the informer to the driver of every such carriage on the day upon which
the offence shall be committed of an intention to complain of such offence ; and if it
shall appear to the justice before whom such complaint shall be made that the offender
lives so remote as to make it inconvenient to summon him to appear before sach jus-
tice, the justice may dismiss the complaint, and leave the informer to his remedy by
action at law.
[LYIL] Provided always, and be it further enacted, that it shall and may be lawM
for the justices of the peace, at their respective general quarter sessions of the peace to
be held in the week after Michaelmas, to license in such* manner and for such time as
they shall think fit an increase of the number of horses to be drawn in carriages up
any steep hill, or on any road not turnpike, within their respective jurisdictionSi over
and above the number herQin-before limited, if upon inquiry into tiie state and con-
dition of such roads they shall find any additional number of horses necessary, and
from time to time, at any Michaelmas quarter sessions to revoke, alter, or vary ihe
same as they shall think fit.
[LVm.] Provided always, and be it further enacted, that if it shall appear upon
the oaths of credible witnesses to the satisfaction of any justice or justices of the peace
.or of any courfc of justice authorized to enfore the execution of this Act, that any
waggon, cart, or carriage could not by reason of deep snow or ice be drawn by the
number of horses or beasts of draught hereby respectively allowed, then and in every
such case it shall and may be lawful for such justice or justices of the peace or court
respectively, and they are hereby respectively required, to stop all proceedings before
them respectively for the recovery of any penalty or forfeiture which may iStve been
incurred by drawing with a greater number of horses or beasts of draught than are
hereby allowed, any thing herein contained to the contrary notwithstanding : Provided
also, that the regulations herein- before mentioned concerning the number of hoi'ses and
wheels of carriages shall not be deemed or construed to extend to carts, waggons, or
other carriages employed only in carrying any one stone, block of marble^ cable ropC)
or piece of metal, or piece of timber, or to such ammunition or artillery as shall be for
his Majesty's service ; and that two oxen or homed cattle shall for all the purposes of
this Act be considered as one horse.
[LIX.] And for the better discovery of offenders against this present Act, be it
enacted, that the owner of every waggon, wain, or cart, and also of every coach, post
chaise, or other carriage let to hire, ^all paint or cause to be painted upon some con-
spicuous part of his waggon, wain, or cart, and upon the pannels of the doors of all
such coaches, post chaises, or other carriages^ before the same shall be used upon any
public highway, his or her christian and surname, and the place of his or her abodes
in large legible letters, and continue the same thereupon so long as such waggon, cart,
coach, post chaise, or other carriage shall be used upon any such highway ; and the
owner of every common stage waggon or cart employed in travelling stages from town
to town shaJl, over and above his or her christian and surname, paint or cause to be
Appendix. 691
painted on the part and in the manner aforesaid the following words, Common Stage 13 Geo. 3.
^Aggoi^ or Cart, as the case may be ; and every person using any such carriage as c. 78.
aforesaid upon any highway without the names and descriptions painted thereon ^^ — y — '
respectively as aforesaid, or who shall paint or cause to be painted any false or fictitious Penalties,
name or ^Hace of abode on such waggon, wain, cart, coach, post chaise, or other
carriage, shall forfeit for every such offence a sum not exceeding five pounds nor less
than twenty shillings.
[LX.] And whereas many bad accidents happen and gieat mischiefs are frequently
done upon the streets and highways by the negligence or wilful misbehaviour of
persons driving carriages thereon : Be it therefore further enacted, that if the driver of Drivers of ear-
any cart, car, dray, or waggon shall ride upon any such carriage in any street or riages punish-
highway, not having some other person on foot or on horseback to guide the same ^^ *?'" ""*"
(such carriages as are conducted by some person holding the reins of the horse or neirliffence •
horses drawing the same excepted) ; or if the driver of any carriage whatsoever on any
part of any street or highway shall by negligence or wilful misbehaviour cause any
hurt or damage to any person or carriage passing or being upon such street or high-
way, or shall quit the highway and go on the other side the hedge or fence inclosing '
the same, or wilfully be at such distance from such carriage whilst it shall be passing
upon such highway that he cannot have the direction and government of the horses or
cattle drawing the same, or shaU by negligence or wilful misbehaviour prevent, hinder,
or interrupt ^ ^ee passage of any other carriage or of his Majesty's subjects on the
said highways ; or if the driver of any empty or unloaded waggon, cart, or other
carriage shall refuse or neglect to turn aside and make way for any coach, chuiot,
chaise, loaded waggon, cart, or other loaded carriage ; or if any person shall drive or or for driving
act as the driver of any such coach, post chaise, or other carriage let for hire, or carnages, &c.
wi^gon, wain, or cart, not having the owner's name as before required painted thereon, ^m!^^^&c
or shall refuse to discover the true christian and surname of the owner of such respec- paint^
tive carriages ; every such driver so offending in any of the cases aforesaid, and being thereon,
convicted of any sudk offence, either by his own confession, the view of a justice of
peace, or by the oath of one or more credible witness or witnesses, before any justice of
the peace of the limit where such offence shall be committed, shall for every such
0!fl^ce forfeit any sum not exceeding ten shillings in case such driver shall not be the
owner of such carriage, and in cajse the offender be owner of such carriage then any
sum not exceeding twenty shillings, and in either of the said cases shall, in default of
payment, be committed to the house of correction for any time not exceeding one
month, unless the same shall be sooner paid ; and every such driver offending in either
of the said cases shall and may, by authority of this Act, with or withont any warrant,
be apprehended by any person or persons who shall see such offence committed, and
shall be immediately conveyed or delivered to a constable or other peace officer in
order to be conveyed before some justice of the peace to be dealt with according to
law ; and if any such driver in any of the cases] aforesaid shall refuse to discover his
name, it shall and may be lawful for the justice of the peace before whom he shall be
taken or to whom any such complaint shall be made to commit him to the house of
correction for any time not exceeding three months, or to proceed against him for the
penalty aforesaid by a description of his person and the offence, and expressing in such
proceedings that he refused to discover his name. j ^
[LXI.] And be it further enacted, that it shall and may be lawful for any two or ^^ ^^ ^
more justices of the peace within their respective limits, and they are hereby em- joum special
powered, fix>m time to time whenever they shall judge proper to hold any special sesrione for
sessions besides that which is herein-before directed for executing the purposes of this ^ porposes of
Act, and to adjourn the same from time to time as they shall think fit, causmg notice ^ fw^l^
to be given of the time and place of holding such speoal sessions and of the adjourn- fi^" pan givfaig
ment ttiereof to the several justices acting and residing within such limits by the high notice to the
constable or other proper officer within the same. other jostices.
[LXLI.] And for preventing obstructions which frequently happen by stopping of Alehoa8e9,&c.
carriages on or near public bridges, be it further enacted, that if any person or persons not to be kept
collecting any tolls payable for passing over any public bridge with carriages or cattle ^^^H****"*
of any kind shall keep any victualling house, alehouse, or other place of public enter- ^|^^^
taioment, or shall sell or permit to be sold therein any wine, beer, ale, cyder, spirituous ^^^
liquors, or other strong liquors by retail, he, she, or they, being la'^'fully convicted of
such offence by the oath of one or more credible witness or witnesses or by his own
confession before any justice of the peace of the limit wherein such ofience shall be
committed, shall for every such offence forfeit the sum of five pounds.
XX 2
s
602
Appendix.
13 Geo. 3.
c. 78.
Penalty for
encroaching
on highways.
Encroachment
to be taken
down by the
surveyor at
the expense of
the person
making it.
Expenses and
penalties to be
levied by
distress.
Court may
award costs to
prosecutor or
defendant upon
a frivolous
defence or
vexatious
prosecution.
Expences for
carrying on
or defemling
prosecutions,
agreed upon at
a vestry meet-
ing, how to be
paid.
Notice of
holding vestries
or pubUc
meetings.
Sums assessed
on any person
may be levied
by distress and
sale.
In defiiult of
distress he may
be committed.
Si?rvcyor to
be a competent
witness.
[LXin.] And whereas inconveniences have arisen from making hedges or other
fences and from ploughing or bi'eaking up the soil of lands or grounds near the middle
or centre of highways : For remedy thereof be it enacted, that if any person shaQ
encroach by making or causing to be made any hedge, ditch, or other fence on any
highway not being turnpike road within the distance of fifteen feet from the middle or
centre thereof, or shall plough, harrow, or break up the soil of any land or ground, or
in ploughing or harrowing the adjacent lands shall turn his plough in or upon any land
or ground, within the distance of fifteen feet from the middle or centre of any highway
where the breadth of such highway is formpd and marked or described with certunly
and does not exceed in breadth thirty feet, every person so offending shall forfeit for
every such offence forty shillings to such person who shall make information of the
same ; and it shall be lawful for the surveyor who hath the care of any such road to
cause such hedge, ditch, or fence to be taken down or filled up at the expence of the
person or persons to whom the same shall belong ; and it shall and may be lawful for
any one or more justice or justices of the peace of the limit where such offence shall be
committed, upon proof to him or them made upon oath, to levy as well die expences of
taking down such hedges as aforesaid as the several and respective penalties hereby
imposed by distress and sale of the offender's goods and chattels, in such manner as
distresses and sales for forfeitures are authorized and directed to be levied by virtue of
this Act.
[LXIV.] And be it further enacted, that it shall and may be lawful for the court before
whom any indictment or presentment shall be tried for not repairing highways to award
costs to the prosecutor, to be paid by the person or persons so indicted or presented,
if it shall appear to the said court that the defence made to such indictment or present-
ment was fidvolous, or to award costs to the person indicted or presented, to be paid by
the prosecutor, if it shall appear to the said court that such prosecution was vexatioo8«
[LXV.] And bo it further enacted, that if the inhabitants of any parish, township,
or place shall agree at a vestry or public meeting to prosecute any person by indict-
ment for not repairing any highway within such parish, township, or place wluch they
apprehend such person was obliged by law to repair, or for committing any nuisance
upon any highways, or shall agree at such vestry meeting to defend any indictment or
presentment preferred i^ainst any such parish, township, or place, it shall and may be
lawful for the surveyor of such parish, township, or place to charge in his account the
reasonable expences mcurred in carrying on or defending such respective prosecutions
after the same shall have been agreed to by such inhabitants at a vestry or public
meeting or allowed by a justice of the peace within the limit where such highway
shall be ; which expences, when so agreed to or allowed, shall be paid by such parish,
township, or place out of the fines, forfeitures, compositions, payments, and assessments
authorized to be collected and raised by virtue of this Act.
[LXYI.] And be it further enacted, that in all cases where a vestry or public
meeting of the inhabitants of any parish, township, or place is authorized or directed by
this Act, there shall be public notice given of the day, hour, and place of heading the
said meeting at the church or chapel of such parish, township, or place on the Sunday
next preceding such meeting, and also notice thereof in writii^, specifying the purpose
of such meeting, fixed at the same time upon the door of such church or chapel, and
the same shall not be held till three days at least after such notice given ; and if there
be no church or chapel the like notice of such meeting shall be given in writing and
put up at the most public place therein three days at least before such meeting.
[LXVII.] And be it further enacted, that if any person shall refuse or neglect to
pay the sum or sums assessed upon him by any assessment to be made in pursuance of
this Act within ten days after demand thereof made, the same shall and may be levied
by the surveyor, or any other person or persons authorized by warrant under the hand
and seal of one justice of the peace having jurisdiction therein, by distress and sale of
the goods and chattels of the person so refusing or neglecting, rendering the overplus
to the owner or owners thereof, the necessary charges of making such distress and sale
being first deducted ; and in defisuilt of such distress it shall be hiwful for any such
justice to commit the person so revising or neglecting to the common gaol, there to
remain until he shall have paid the sum so assessed and the costs and charges oocasicmed
by such neglect or refusal.
[LXVIII.] And be it further enacted, that the surveyor of any parish, township, or
place shall be deemed in all cases a competent witness in all matters relative to the
execution of this Act, notwithstanding his salafy may arise in part from the forfeitures
and penalties hereby infiicted.
Appbnbix. 693
[LXIX.] And be it furfcher enacted, that the forms of proceedings relative to the 13 Geo. 3.
several matters contained in this Act, which are set forth and expr^sed in the sche- c. 78.
dale hereunto annexed, shall be used upon all occasions, with such additions or varia- ^^ — v^— ^
tions only as may be necessary to adapt them to the particular exigencies of the case ; ^^j^?* of pro-
and that no objection shall be made or advantage taken for want of form in any such ^^^SS ^1^^
proceedings, by any person or persons whomsoever. *
[LXX.] And in order to have the contents of this Act more generally communi- Printed ab-
cated and known, be it further enacted, that the justices of the peace within their ^tracts of this
respective limits shall, at every special sessions to be held in the week next after the 4^' ^^
Michaelmas general quarter sessions of the peace, procure and deliver or cause to be ?J»y^. *"''
procured and delivered a printed abstract of the most material parts of this Act to
every surveyor to be then appointed by them respectively, as the charge hereby
directed to be given, and shall also, at their said special sessions to be held in the year
one thousand seven hundred and seventy-three, deliver or cause to be delivered to
every of the said surveyors one other of the said printed abstracts of this Act, for the
use of the parish, township, or place for which the said surveyor shall be appointed ;
which last-mentioned abstract the said surveyors are hereby respectively ordered and One to be fixed
required to ^x on the church or chapel door, or other public place, within their respec- J^ ^^^ church
tive liberties, on the next Sunday after they shall so receive the same ; and the said z^ "^ «ach
surveyors shall severally pay to the said justices clerks the sum of sixpence for each of district
the said last-mentioned printed abstracts.
[LXXL] And be it further enacted, that in case any person or persons shall resist Ferson8 resist-
or make forcible opposition against any person or persons employ^ in the due execu- H^ ^he execu-
tion of this Act, or make any rescue of the cattle or other goods distrained by virtue ot^^^vw***
of this Act, or if any constable, headborough, or tithingman shall refuse or neglect to refds^ to
execute or obey any warrant or precept granted by any justice of the peace pursuant obey the war-
to the directions of this Act, every such person offending dierein, and being convicted rantof a justice
thereof by a justice of the peace, shall for every ^uch offence forfeit any sum not ?£??**' ^
exceeding ten pounds nor less than forty shillings^ at the discretion of the justice o^^l?io/*"
before whom he or she shall be so convicted, to be paid to the surveyor of the high- q^^ {^ ^i^
ways for the parish, township, or place where the offence was committed, to be laid 408,
out in the repair of the highways ; and in case he or she do not forthwith pay or
secure to be paid the said forfeiture after such conviction, then it shall and may be
lawful for such justice of the peace to commit such person or persons to the common
gaol or house of correction of the limit where such ofience shall be committed, there to
remain for any time not exceeding three months, unless the said forfeiture shall be
sooner paid.
[LXXn.] And be it further enacted, that all penalties and forfeitures by this Act Forfeitores,
imposed for any offence against the same, and all costs and charges to be allowed and ^^?^' "'^
ordered by the authority of this Act (the manner of levying and recovmng of which ^^^J^^J^y
is not hereby otherwise particularly directed), shall be levied by distress and sale of distress and
the goods and chattels of the offender or person liable or ordered to pay the same sale of the of-
respectively, by warrant under the hand and seal of some justice of the peace for the fender's goods,
limit where such offence, neglect, or default shall happen, or such order for parent
of such costs or charges shall be made, rendering the overplus of such distress (if any
be) to the party or parties, affcer deducting the chains of making the same ; which
warrant such justice is hereby empowered and required to grant, upon conviction of
the offender by confession, or upon the oath of one or more credible witness or wit-
nesses, or upon order made as aforesaid; and the penalties and forfeitures, when so In what manner
levied, shall be paid the one half to the informer and the other half to the surveyor to he applied.
of the highway where such offence, neglect, or default shall happen, to be appUed
towards the repair thereof, unless otherwise directed by this Act, but in case the
surveyor shall be the informer, then the whole shall be employed towards the repair
of such highway ; and in case such distress cannot be found, and such penalties and For want of
forfeitures or the said costs and charges shall not be forthwith paid, it shall and may distress offend-
be lawful for such justice, and he is hereby authoriased and required, by warrant under ^L^Sj^
his hand and seal, to commit such offender or offenders, or person or persons liable to <'*"*'™"***-
pay the same respectively, to the common gaol or house of correction of the limit
^where the offence shall be committed or such order as aforesaid shall be made, for any
time not exceeding tliree months, unless the said penalty, forfeiture, costs, and charges Procee«iings
shall respectively be sooner paid; and if such offender or oflenders, or person or where the of-
pcrsons liable or ordered to pay the same respectively shall live out of the jurisdiction f«>der Mven
of the justice hereby . authorized to grant such warrant, it shall and may be lawfq] for JI,ri^ct?on
694
Appendix.
13 Geo. 3.
c. 78.
Warrant of
distress -when
to be issued.
The prosecutor
may proceed for
the forfeiture
by information
before a justice,
or by action
at law, if it
amount to 40«.
Limitation
and notice of
actions.
Convictions
how to be
made.
Inhabitants
of parishes
good witnesses.
Justices may
administer
oaths.
Distress not
unlawful for
want of form
in the pro-
ceedings, nor
di^rainers
trespassers
ab initio.
Satis&ction
recoverable
for special
damage.
Flaintifis not
to recover in
actions for .
irregularity, &c.
if tender of
amends be
made.
Payment into
court may be
made by leave.
any justice of the peace of the limit wherein such person shall inhabit, and every such
justice is hereby required, upon request to him for that purpose made, and upon a true
copy of the conviction whereby such forfeiture or penalty was incurred and of the
order for the payment of such costs and charges produced and proved by a credible
witness upon oath, by warrant under his hand and seal to cause the penalty or
forfeiture mentioned in such conviction, and the costs and charges mentioned in saeh.
order, or so much thereof as shall not have been paid, to be levied by distress and
sale of the goods and chattels of such oflfender or offenders or person or persons liable
or ordered to pay the same respectively as aforesaid, and if no sufficient distress can be
had to commit such offender or offenders or person or persons liable as aforesaid to the
common gaol or house of correction of such limit for the time and in manner aforesaid*
[LXXIII.] Provided nevertheless, that no warrant of distress, unless otherwiae
directed by this Act, shall be issued for levying any penalty or forfeiture, costs or
charges, until six days after the offender shall have been convicted, and an order made
and served upon him or her for payment thereof.
[LXXrVJ Provided also, and be it ftirther enacted, that every prosecutor or in-
former may at his election sue for and recover any forfeiture or penalty imposed by
this Act which shall amount to the sum of forty shillings or upwards, (the manner of
recovery thereof not being particularly directed by this Act,) either in the manner
herein-before directed, or by action at law to be brought by such informer or prosecutor
in any of his Majesty's courts of record in manner following ; (that is to say,) where any
person shall be liable to any such pecuniary penalty, it shall and may be lawful to sue
for and recover the same by action of debt, in which it shall be sufficient to declare that
the defendant is indebted to the plaintiff in the sum of , being forfeited by an Act
passed in the thirteenth year of the reign of his present Majesty, intituled ** An Act to
" explain, amend, and reduce into one Act of Parliament the statutes now in being for
" the amendment and preservation of the public highways within that part of Great
" Britain called England, and for other purposes " ; and the plaintiff, if he recovers in
any such actions, shall have double costs, p J
[LXXV.] Provided, that there shall not be more than one recovery for the same
offence, and that ten days notice in writing be given to the party offending previous to
the commencement of such action, and that the same be brought and commenced within
one calendar month after the offence for which such action is brought shall have been
committed.
[LXXVI.] Provided also, and be it further enacted, that no conviction shall be had
or made by virtue of this Act unless upon confession of the party accused or upon the
oath of one or more credible witness or witnesses or upon the view of a justice of peace
in the cases before mentioned ; and that any inhabitant of any parish, township, or
place in which any offence shall be committed contrary to this Act shall be deemed a
competent witness, notwithstanding his or her being an inhabitant of such parish, town-
ship, or place.
[LXXVII.] And be it further enacted, that it shall and may be lawftd for any jus-
tice of the peace to administer an oath to any witness or witnesses, or other person or
persons, for the better discovery and execution of the several matters or things herein-
before authorized or directed to be examined, inquired into, or performed by such justice.
[LXXVIII.] And be it fiu'ther enacted, that where any distress shall be made for
any sum or sums of money to be levied by virtue of this Act, the distress itself shall
not be deemed unlawful, nor the party or parties making the same be deemed a tres-
passer or trespassers, on account of any default or want of form in any proceedings
relating thereto, nor shall the party or parties distraining be deemed a trespasser or
trespassers ab initio on account of any irregularity which shall be afterwards done by
the party or parties distraining, but the person or persons aggrieved by such irregu-
larly may recover full satisfaction for the special damage in an action on the case.
[LXXIX.] Provided always, that no plaintiff or plaintiffs shall recover in any action
for any irregularity, trespass, or wrongftil proceedings, if tender of sufficient amends
shall be made by or on the behalf of the party or parties who shall have committed or
caused to be committed any such irregularity, trespass, or wrongful proceedings before
such action brought ; and in case no such tender shall have been made, it shall and
may be lawful for the defendant in any such action, by leave of the court where such
action shall depend, at any time before issue joined, to pay into court such sum of Tnoney
as he or they shall sec fit ; whereupon such proceedings or orders and judgment shidl
I' As to double costs, see 5 & 6 Vict c. 97. s* 2.1
Appendix. 605
be had, made, and given in and by such conit as in other actionfl where the defendant w ] 3 Oko. d«
allowed to pay money into court. c. 7H.
[LXXX.] Provided also, and be it forther enacted, that if any person shall think ^ y »
himself or herself aggrieved by any thing done by any justice or justices of the pfw»e (vr Appeal mny h«
other person in the execution of any of the powers given by this Act, and for which no "*•'*♦' '^ '*'"*kl
particular method of relief hath been already appointed, every such pfirson may hp\tf*n\ [1^^,^'^^^
to the justices of the peace at any general quarter sessions of the peace to \)e hiM for ^^^i hy any
the limit wherein the cause of such complaint shall arise, such appellant giving or thin^ riom* Ky
causing to be given notice in writing of his or her intention to bring such appeal nnd ?"y ]"<»♦»'•♦•, ^.
of the matter thereof to the justice or other person or persons against whom such com- *? '**Vh '^i'
plaint shall be made, within six days after the cause of such compbint arose, and within *''*** ^' ^ "* '
four days after such notice entering into recognizance before some justice of the pf^ace
within such limit, with one sufficient surety, conditioned to try such appeal at and abiiU;
the order of and pay such costs as shall be awarded by the juMttces at such quart^^ s/r^e
sion ; and every justice of the peace and other person, having received notice of «nch
appeal as aforesaid, shall return all proceedings whatsoever harl tx^fore them n'<<pect.ivf;ly
touching the matter of such appeal to the said justices at their general quarter .^fr^^ions
aforesaid, on pain of forfeiting five pounds for every such neglect ; and the said jn^ttce^
at such session, upon due proof of such notice being given as aforesaid and of the en*
tering into such recc^nizance, shall hear and finally determine the causes and matters
of such i^peal in a summary way, and award such costs to the partir;<4 sipjrt^Vinrr ftr
i4>pealed against as they the said justices shall think proper, to be levied and rec^^^vf^ed
as herein-before directed; and the determination of such quarter se«^ion sliail U; Hr.aJ
and conclusive to all intuits and purposes ; and that no procperlings to b^; had or fAk^Ti *Vo pfo#*»-Afi.ri/4
in pursuance of this Act shall be quashed or vacated for want of form, or rerno^^^l Ky ''• ^ '^i'»*'^^'t
certiorari or any other writ or process whatsoever f except as her^in-Vj^jfore mer.rioryrd; ^ "'*"' '*
into any of his Majesty's courts of record at Westmin.-ter, any Uw or »tarnt^ u> the ^^,>f\ \S
contrary notwithstanding ; providefl that no such appeal sl^all be made sig^Ain^t %r.j /terur,rzn.
ccmviction for any penalty or forfeiture incurred by virtue of thi-* Act nnl^r^-i the \if<T*f>Ti
convicted shall at the time of such conviction, if he or she f.hall be then pr^:*«ent, \i nrit,
within six days after, give notice of his or her intention to apf>ea!, and at the »ame time
enter into recognizance, with suilieient sureties, to pay such f>*^naItyor forfeitnr** in ca-je
such conviction shall be affirmed upon such ap[>^:al ; and n\if>T\ hi-* or her gi^ir*:? -iK^h
security the further proceed i n g for »*nch penal ty or forfe xtnvf: •• hal 1 he su •* pen dr^-d until
.such appeal shaD be heard and determined.
[LXXXL] AsT} he it further 'enacted, that if any action or sriit -hall he r:r,mmenr/'d Urti\^j*A\f^ of
against any person or per^-^nj*. for any thin<r done or acted \n ptjrHnance of thi< A^^, iwrti^n.*.
then and in every fluch ca«e «i2oh action or '*ait >»hall he rornrnr-n^/rd or pro^^rnif/td
within three calendar months aft ^t the fact r/>mmitri^d, ar./I nor t%h*'Twkr*\A\ auA fh«?
same and every such action or suit ihall he broti;rht wifhin tl.r- fftMuty whrr^? rh*: txrt
was committed, and not eL-nwhere ; and the dtti*:nrUiit or f\--\'*xAi\ut< in f/f.ry <Hf\\ <#*m«'r,»i i«*.ia
action or suit ahall and may pu-jui the g^^neral irf-nr*, and jri'/e fh!< Art and tho <\i4't\^\
matter in evidence, at any trial to he hai^l thereupon, ^tid f.liat flu: -<flm#? w^m 4onr» in
porsiBmce and by the anrhori*;/ of this pr^^Ment A/*.t.; and if the -lAmf .ihiiJi ftpp^^ar f/»
have been so dona, or if any ^nch action or suit Axii\\ f»e hronyht ni'u^ l\u\ twuf-. l.ni,f.'/t
for bringing the aame. or be hro'j^ht or laid in any other placid 'han am af'.»r"7n/-i»tioiir#l,
thai the jury shall lind for ^he d«^f'ndant or /hfrndant^ ; or iJ' rlu*. iilaiufifl' or j*i,»ii»f..!'t
shall become nonsnir. or •i;^cr,nr:r;:;e h.-«, h*:r, or thrir ndutu Hi't.-r thr. .Ir'f.-r..Jji..f. oi
defeodanls ^hall have iKx.^.f^vfA, or iP up^-»n tU'tuurrcr y\A</',^^^^^*. Imll h»r yri'^n m/iuwi
the phdntilf or ptainrlrf^. -he ^^-fi-tidnnt or Hri/'ruhnnf-^ ^l..»!l n.*! nmy r'-'0'"T u»-uU'
costs, and have ^he iik.> v^'XtM-yrj Tor vcct^vtKVj thr-rr/^f /w nn/ /lit'indant. or /tri'iM.iIunU Tr-'M*- rr»H-,
hath or have in any other can^'it u^ »aw. J*J
P-XXXII/ A?rr^ -.e t rarM.f-r -na/>trM, fhat \\ua A.j -h.il -.t.u.ui.r/. muf UiU.. ptw.., ^'""*""j,"7";^
with respect rn 'ln-^ v-^'-^. !l..^ ''»f* f'*** iioiMr-f»/.lili-r< .i..'l '.•si-r-. j..d flu- .nuk.iM/ '«i«il "**''*
delrverinjr of lirtr- Y p^r^t^r.-^ ^pa .iW'^f r/. -i'm*/^ fh". o<!u/- -.( -nr/.-y.r i..'l f5.«- /- '.m'^
notici^ to ch»* pp-",:--! v,t-. ?.»,.,»./. ... 'uoU I, -t^, ipon '1. • ' » 'u\ / iu '.\. -In/ '.t' .»•,.»' .*»•.••!
Cfue thou-anii «<^.'--n .w y.c fl ai -J -^ir, • .f /♦}.•• •/•, n.-t • li . • \>'"-i '«. ul '..'• n-.. ,•
matto^ and rhi:;T^ ;»,.•.••., /»/.• ',1 rl '.-» fl.--. ••!■• ••• »» :-' »♦' ';'?«.»."• .i.'- ■•. -» jh I
seven huniir-'*i uvi -»♦-" ".■/- •. ' ''^.
r- \ '.. ' .1.- .. < •'•• » '. '■' ' * • ^/ • ■ i
696 Appendix,
13 Geo. 3. tenth day of October one thousand seven hundred and seventy- three, an Act passed in
c. 78. the seventh year of the reign of his present Majesty, intituled " An Act to explain^
^ V ' " amend, and reduce into one Act of Parliament the several statutes now in being for
^' the amendment and preservation of the public highways of this kingdom, and for
'* other purposes therein mentioned," (except so much thereof as repeals the several
Acts and parts of Acts therein mentioned which are not revived by an Act passed in the
eighth year of the reign of his present Majesty, intituled '* An Act to explain, amend,
" and render more effectual an Act passed in the seventh year of his present Majesty's
'^ reign, intituled ^ An Act to explain, amend, and reduce into one Act of Parliament
" * tha several statutes now in being for the amendment and preservation of the public
** * hignways of this kingdom, and for other purposes therein mentioned,' ") shall be and
the same is hereby repealed.
Surveyors ap- [LXXXIV.] PROVIDED nevertheless, that the several surveyors appointed under
pomted un4er ^j^^ authority of the said Act passed in the seventh year of the reign of his present
to pass their Majesty shall produpe such books and lists, and pass their accounts, before the justices
accounts at at their respective special sessions to be holden within their respective limits in the
special sessions week next after the Michaelmas quarter sessions in the year one tliousand seven
after Michael- hundred and seventy-three, and pay the balances thereof, in such manner as they ought
mas next. ^^ hoive done at the special sessions which was by the said Act to have been held on the
first Monday in October, or within fifteen days after ; and if the justices shall appoint
any surveyor or surveyors under the authority of the sud Act, such appointment shall
be void and of no effect.
^ w^*^ to [LXXXV.l Provided always, and be it further enacted by the authority aforesaid,
Bristol ^^^^ nothing m this Act contained touching the making and returning lists of pereons
qualified to be surveyors of the highways, and the appointment of such surveyors,
nor the repeal of part of an Act made in the third year of King William and Queen
Mary, relating to such surveyors, shall extend, or be construed, deemed, or taken
to extend, to the city of Bristol ; but that the several Acts of Parliament which have
been passed previous to this Act relative to surveyors of the highways^ and to cleansing,
paving, lighting, and regulating the streets and other places within the said city, shall
remain in full force and be executed in as full and ample manner and form, to aQ
intents and purposes, as the same might or ought to have been if this Act had never
been made.
M^l* ^*^ [LXXXVI.] Provided also, that nothing in this Act contained shall extend, or be
1?^^ ^^' deemed or construed to extend, to the parish of Saint Mary Matfelon otherwise White-
phapel, and Saint John of Wapping, in the county of Middlesex, or either of them.
[LXXXVIL] Provided always, and be it further enacted, that nothing in this Act
Powers of com- contained shall extend, or be deemed or construed to extend, to alter, restrain, or
scwws^nc^ abridge the powers or authorities given to the commissioners of sewers by any Act or
abridged. Acts of Parliament whatsoever, or to vary or alter any of the provisions or regulations
thereby made, directed, or provided ; anything herein contained to the contraiy thereof
in anywise notwithstanding.
The SCHEDULE (stating the Forms) to which this Act refers.
No. I.
Warrant for calling the Meeting of the Householders, &c., and for fixing that of
the Justices for appointing Surveyors.
Middlesex. To the constables, headboroughs, and tithingmen within the (hundred)
riding) division) liberty) or precinct) (as the case shall be) of in the
said county.
IN order to carry into execution an Act made in the thirteenth year of the reign of
his Majesty King George the Third, for the amendment and preservation of the
public highways, you are hereby severally required forthwith to give public notice to
the churchwardens, surveyors of the highways, and householders, being assessed to any
parochial or public rate within your respective liberties, that they do assemble on the
twenty- second day of September next at the church or chapel, or if there shall be no
church or chapel, then at the usual place of public meetings within their respective
liberties, at the hour of eleven in the forenoon ; and that the major ]mrt of them so as-
sembled do make a b\st of the nnmci* of nt lon-Jt ten persons living therein, who each of
Appendix. 697
them have aa estate in lands, tenements, or hereditaments lying within the same, in 13 Geo. 3.
their own right or in the right of their wives, of the value of ten pounds by the year, c. 78.
or a pei'sonal estate of the value of one hundred pounds, or are occupiers or tenants of ^ y '
houses, lands, tenements, or hereditaments of the yearly value of thirty pounds ; and
if there shall not be ten persons having such qualifications, then that they do insert in
such list the names of so many of such persons as are so qualified, together with the
names of the most sufficient and able inhabitants not so qualified as shall make up the
number ten, if so many can be found, if not, so many as shall be there resident, to
serve the office of surveyor of the highways ; and you are also severally required within
three days after making the said list to deliver a copy thereof to one of the justices of
peace of the said (hundred) riding) division, &c.) (as the case shall be) living in or
near the same (parish, &c.) ; and also to give personal notices to or cause notices in
writing to be left at the places of abode of the several persons contained in such list,
informing them of their being so named, to the intent that they may severally appear
before the said justices at their special sessions to be holden at within the
said (hundred, &C.) on the day of now next ensuing, at the hour
of in the forenoon of the same day, to accept such office, if they shall be
appointed thereto, or to shew cause, if they have any, against their being appointed ;
and you are likewise to give notice to the present surveyors of the highways within
your respective liberties to appear at the same time and place, and produce such ac-
counts and lists before the said justices as are required by the said Act ; and you and
each of you are personally to appear before the said .justices at their said special ses-
sions, and then and there severally deliver to the said justices the said original list or
lists taken within your respective liberties', and give an account of the execution of this
our precept. Given under our hands and seals the day of in the
year of our Lord 17 •
No. 11.
List of Persons to be returned to the Justices.
A list of the several persons named for surveyors of the highways for the [insert the
name of the parish, township, or place] at a meeting held at in the
said (parish, &c«) the day of 17 .
A.B.
CD., &c.
W'E whose names are subscribed, being two parts in three of the persons assembled This to be ^
at the meeting stforesaid, do agree in the choice of A.B. as a fit person to serve added when
the office of surveyor for the (insert the parish, &c.) aforesaid, and in the allowance to • P«rti<»l«
him of for his trouble in executing the same for the year ensuing ; and we ?^^^3^
do recommend the said A.B. to the justices for their appointment accordingly.
No. in.
Notice to the Persons contained in the List.
AB. take notice, that you was, at a meeting held at (insert the name of the parish,
• &c.) on the day of named as one of the persons to be re-
turned to the justices as fit to serve the office of surveyor for the said (parish, &c.) for
the year ensuing ; and if you have any cause to shew why you should not be appointed
to serve such office, you must make the same appear before the justices at their special
sessions to be holden at on the day of next.
{Constable,
Headborough, or
Tithingman,
(as the case shall bo.)
No. IV.
Obdeb to the (Constable, &c.) to return to the Justices the Amount of a Sixpenny
Assessment.
Middlesex. To the (constable, &c) of
TOU are hereby required to return to us and the other justices to be assembled at
the special sessions to be held at for the (hundred, &c.) of in
the said county, on the day of next, the amount of the last assess-
ment of sixpence in the pound for the use of the highways within your libejty, if any
I
698 Appendix.
13 Geo. 3. such has been raised; if not, what you apprehend, from the best information 70a can
c. 78. get, an equal assessment of sixpence in the pound upon all and every the occupiers of
lands, tenements, woods, tithes, and hereditaments within the said liberty, according to
their yearly value, will amount to. Given under our hands this day of
17 .
No.V.
Retcbn to the Justices of the Amount of a Sixpenny Assessment.
To the justices assembled at their special sessions at the day
of 17 .
N obedience to your order, I do return and certify, that the last assessment of
sixpence in the pound for the use of the highways within the liberty of
amounted to the sum of
(If no assessment of sixpence in the pound hath been made, then as under.)
IN obedience to your order, I do return and certify, that no assessment hath been
made of sixpence in the pound for the use of the highways within the liberty
of ; but I apprehend, from the best information which I have been able
to get, that an equal assessment of sixpence in the pound upon all the occupiers of
lands, tenements, woods, tithes, and hereditaments within the said liberty will amount
to the sum of •
A.B. (Constable, &c.)
No. VI.
Appointment of a Surveyor.
Middlesex. At a special sessions held at in the hundred of by
justices of the peace for the said county acting within the said hundred, on
the day of 17 •
W^E do hereby nominate and appoint A.B., &c. of [insert the name of the parish^
&C. where he lives] in the said hundred, surveyor (or surveyors) of the high-
This Is to be "v^&ys within the said (parish^ &c.) for the year ensuing (and we do allow the said A3.
inserted when the salary of for his trouble) ; and you the said A.B. are faithfuUy and
a surveyor is truly to execute the said office of surveyor according to the directions of the statute
appointed with passed in the thirteenth year of the reign of his Majesty Ejng George the Third, for
a salary. ^|^^ amendment and preservation of the highways, an abstract of the material parts of
which statute is hereunto annexed. Given under our hands and seals the day and year
above mentioned.
No. vn.
Bond from the Surveyor.
WE, A.B., surveyor of the highways^for the (parish, township, &c.) of
and CD. of are bound to E.F. of aforesaid in the sum
of pounds, to be paid to the said E.F., his executors, administrators, or
assigns ; for which payment we hereby bind' ourselves severally and each of our heirs,
executors, and administrators.
Dated the day of 17 .
The condition of this bond is such, that if the said A.B., his executors or administra*
tors, shall duly and faithfully account for, apply, and pay all and every the sum and
sums of money which shall come to his hands as surveyor of the highways for the
(parish, &c.), according to the direction and true intent and meaning of the statute
made in the thirteenth year of the reign of his Majesty King George the Third, for the
amendment and preservation of the highways, then this bond to be void, or else to
remain in full force.
No. vin.
Appointment of an Assistant to the Surveyor.
Middlesex. At a special ses3ions held at in the hundred of by
justices of the peace for the said county acting within the said hundred, on
the day of 17 .
WE do hereby nominate and appoint CD., a substantial inhabitant of the (parish,
&c.) of in the said hundred, assistant to A.B., whom we have ap-
pointed surveyor of the highways for the said (parish, &c.) ; and you the said CD.
I
Appendix. 699
are to the best of your skill and jadgment to assist the said surveyor whenever re- 13 6bo. 3«
quested by him in calling in and attending the performance of the statute duty, in o. 78.
collecting the compositions, fines, penalties, and forfeitures, and in making and col- ^ — ^r^^
lecting the assessments, and in making out and serving the notices authorized by
the Act passed in the thirteenth year of the reign of his Majesty King Gk^ge
the Third, for the amendment and preservation of the highways, and in such other
matters and things as shall be reasonably required of you by the said surveyor in the
execution of his office of surveyor, pursuant to the said Act ; and you are justly and
truly to account with and pay to the said surveyor or to his order the money which
shaU come to your hands by the means aforesaid. Given under our hands and seals
the day and year above mentioned.
NalX.
Oath to be administered to the Surveyor upon passing his Accounts.
A.B. do swear that the accounts now produced and delivered by me, as surveyor of
the highways for the (parish, &c.) of for the last year, are just and
true to the best of my knowledge.
So help me GOD.
No. X.
Allowance of the Accounts.
October 17 •
These accounts were examined and allowed before
No. XL
Notice from the Surveyor to remove Nuisances and Obstructions, and to cut
Hedges, &c.
To CD. of
IN pursuance of the directions given by the Act passed in the thirteenth year of the
reign of his Majesty King George the Third, for the amendment and preservation of
the highways, I, A.B., surveyor of the highways for the (parish, &c.) of To remove
do hereby give you notice forthwith to remove the (dung) timber) stone, &c.) placed nuisanctts and
by you in a certain part of the King's highway lying between and obstroctioiw.
in the (parish, &c.) of to the obstruction and annoyance of the said highway ; To cut and
or (forthwith to cut, prune, and plash the hedges, and cut or prune the trees, and to P"J^* be^es,
open, cleanse, and scour the several ditches and watercourses belonging to you) in or p^e^^reeB*'
near the highway lying between and to the intent that the water ^^ ^ open
may be drained n*om the said highway, and that the sun and wind may not be excluded and bcoot
from such highway to the pr^udice thereof. ditches and
Dated this day of 17 . watercourse..
A.B.
No. XTI.
Allowance of Charges and Expences paid by Surveyors which are to be repaid by
the Possessors of the Lands, &c., and Order of the Justice for that Purpose.
Middlesex. \1 /HERE AS complaint hath been made unto me, A.B., esquire, one of his
W Majesty's justices of peace for the said county, by the oath of
surveyor of the highways for the parish of in the said county, that CD.
of having had due' notice to cut and prune his hedges and cleanse and
scour his ditches and watercourses within or adjoining to the public highway between
and in the said parish of hath neglected to do the
same within the time required by such notice, and that the said hath caused
the same respectively to be cut, pruned, cleansed, and scoured pursuant to the directions
of the Act passed in the thirteenth year of the reign of his Majesty King Greorge the
Third, for the amendment and preservation of the highways, and hath expended therein
the sum of as appears by an account now produced to me, which I think a
reasonable charge, and do therefore allow the same, and hereby order the said CD. to
pay the said sum of to the said within six days from the time of
his being served with this order. Given under my hand and seal this day
of 17 .
700
Appendix.
13 Geo. 3.
c. 78.
No. xni.
Ordeb of a Justice of Peace to make new Drains.
If no asaessment
has been made
for buying ma-
terials, &C. this
may amount to
nine-pence in the
pound; but if a
sixpenny assess-
ment had been
juade before, it
must be only
three-pence.
Middlesex. To CD. of
of . .
surveyor of the highways for the (parish, &c.)
W^HEREAS complaint hath been made to me, A.B., esquire, one of his Majesty^s
justices of the peace for the said county, that the ditch, gutter, or .watercourse
for conveying the water from the highway at in the (parish, &c.) of
in the said county is not sufficient for that purpose, and that the cleansing and opening
the same will not effectually carry oiT the said water, but that the said highway may be
effectually drained and the water carried off" by making a new ditch or drain through
the lands or grounds of lying near the same for the length of
yards and the breadth of feet ; and the said having been duly
summoned to appear before me to shew cause, if he had any, why the said ditch or
drain should not be made, and the said not appearing (or not shewing suffi-
cient cause against the same), and it appearing to me that such ditch or drain is
necessary, I do hereby order and require you to enter into and upon the said lands of
the said and there make or cause to be made a new ditch or drain of the
length and breadth aforesaid, and of a convenient depth, making or tendering sufficient
satisfaction to the said for the damages to be done thereby, within one
calendar month after the same shall be so made, such damages to be settled and ascer-
tained in manner directed by the Act passed in the thirteenth year of the reign of his
Majesty King George the Third, for the amendment and preservation of the highways.
Given under my hand this day of 17 •
No. XIV.
Notice of Application to be made for an Assessment.
Middlesex. IVTOTICE is hereby given that application will be made to the jastices of
JJi the peace acting for the (hundred) of in the said county, at
their special sessions to be held at in the said (hundred) on the
day of one thousand seven hundred , for an equal assessment to be
made, not exceeding in the pound, upon all and every the occupiers of lands,
tenements, woods, tithes, and hereditaments within the (parish, &c.) of , for
the use and benefft of the highways within the said (parish, &c.).
Dated this day of 17 .
A.B., Surveyor.
No. XV.
Order at Special Sessions for an Assessment of Sixpence in the Pound.
Middlesex. At a special sessions for the highways held at in the hundred
of in the said county, the day of 17 , by justices
of peace for the said county acting within the said hundred.
TTPON application made to us by the surveyor of the highways for the (parish, &c.)
U of and upon evidence given upon oath before us (that the duty
directed to be performed and the money authorized to be collected and received by an
Act passed in the thirteenth year of the reign of his Majesty King George the Third,
for the amendment and preservation of the highways, have been performed, applied,
and expended according to the directions of the said Act) ; or (we are fully satisfied
that the common highways, bridges, causeways, streets, and pavements belonging to
the (parish, &c.) of are so far out of order that they cannot be sufficiently
amended and repaired, paved, cleansed, and supported by the means prescribed by the
said Act) ; and it appearing to us that notice has been duly given of such intended
application according to the direction of the said Act, we do hereby order, direct, and
appoint that an equal assessment, not exceeding the sum of in the pound,
upon all and every the occupiers of lands, tenements, woods, tithes, and hereditaments
within the said (parish, &c.) of , shall be forthwith made by the said
surveyor, and shall bo allowed by one justice of the peace for the said hundred, and
shall be collected by the said surveyor ; and that the money so to be assessed and
collected shall be applied for and towards the amending, repairing, paving, cleansing,
and supporting such highways, causeways, streets, pavements, and bridges (and for
Appekdix* 701
bnying mat^ials, making satisfaction for damages, erecting guide posts, and paying ^ yg]
the surveyor's salary), according to the direction and true intent and meaning of the t ^ ' j
said Act.
A.B.
These Utter
words may be
added here if
CD. there haa been
no ftnrmer aaaei
mftnt for those
No. XVI. purposes.
Order of Two Justices for (widening) or (diverting and turning) a Highway.
Middlesex. \\T E two of his Majesty's justices of the peace for the said
Y T county, acting within the (hundred, &c.) of vrithin the
said county, having upon view found that a certain part of the highway between (When it is
and in the (parish, &c.) of in the said (hundred), only to be
for the length of yards or thereabouts, and particularly described in the plan ^^ned, leave
hereunto annexed, is for the greatest part thereof narrow, and cannot be conveniently f^ jt^i^ and
enlarged and made commodious for travellers without diverting and turning the insert), 6ic< may
same ; and having viewed a course proposed for the said new highway through the he eonveniaohf
lands and grounds of and of the length of yards or enlarged and
thereabouts, and of the breadth of feet or thereabouts, particularly described ^*^^ A^Lrfa
in the pliem hereunto annexed, which we think will be much more commodious to the a^^
public ; we do hereby order that the said highway be diverted atid turned through ^^widened
the lands aforesaid, and that the surveyor of the highways for the (parish, &c.) and enlarged.
of where the said old highway ^es, do forthwith proceed to treat and make
agreement with the said and for the recompence to be made
for the said ground and for the making such ditches and fences as shall be necessary,
in such manner, with such approbation, and by pursuing such measures and directions
in all respects as are warranted and prescribed by the statute made in the thirteenth
year of the reign of his Majesty King George the Third, for the amendment and
preservation of the highways ; and in case such agreement shall be made as aforesaid,
we do order an equal assessment, not exceeding the rate of sixpence in the pound, to
be made, levied, and collected upon all and every the occupiers of lands, tenements,
woods, tithes, and hereditaments in the said (parish, ^) of , and that the
money arising thereupon be paid and applied in making such recompence and satisfac-
tion as aforesaid, pursuant to the directions of the said Act.
A.B.
CD.
No. xvn.
CEBTiFiCATfi from the said Justices to the Court of Quarter Sessions.
To the justices of the peace at their general quarter sessions to be held at rj^^ is to be
in the said county the day of 17. wrote npon
the above
W'E the within-named A.B. and CD. do hereby certify to the said court of quarter (»der when
sessions that we made and signed the within order, and that with our appro- no Mieement
bation and by our direction the said surveyor hath treated with the said c*n be made,
and for the said lands required for the purposes aforesaid, but was not able
to make any agreement for that purpose with them or either of them ; and that he
tendered to the said the sum of and to the said the
sum of as a recompence for the said ground and for the making the said
ditches and fences, which they and each of them refused to receive.
A.B.
CD.
No. XVHL
Ordibr for stopping up the old Highway, and selling the Land and Soil thereof.
W'E whose names are subscribed, being the justices of peace who have viewed the If there are
several highways described in the plans hereunto annexed, and made an order more lughwayi
for diverting the old highway, and being satisfied that the new highway therein than (^ to be
described is properly made and fit for the reception of travellers, do hereby order the ^^J^^d
said old highway, being of the length of yards and of the breadth of ^^ aepante
order for each.
702
Appendix.
13 Geo. 3.
c. 78.
v_y ;
This to be
inserted where
necessary, and
to be varied
as the circnm-
stances of the
case may re-
quire.
feet npon a medium, as appears by the said plan, to be stopped up, and the land and
soil thereof to be sold by the said surveyor to whose land adjoins thereto^
if he shall be willing to purchase the same, for the full value thereof, if not, to some
other person or persons, for the full value thereof (reserving nevertheless to
a free passage for persons, horses, cattle, and carriages through the land and soil of the
said old highway to and from the (land, &c.) belonging to him, called ,
according to his ancient usage thereof).
No. XIX.
Certificate to be wrote under the Order above mentioned^
WE the above-named justices do certify, that the old highway herein-before men-
tioned and described was sold by the said surveyor to with oar
approbation, for the sum of , which sum we do order the said
to pay to the said surveyor, to be applied in purchasing the land and niaking the said
new highway ; and if any surplus remains, we do order that the same shall be applied
for the use of the highways within the said (parish, &c) of •
No, XX.
Beceipt for the Purchase Money, to be indorsed upon or wrote under the Certificate
above mentioned.
T) ECEIYED the day of from the said the sum
JlL of , being the full consideration money for the purchase of the said old
highway herein-before described, pursuant to the said orders and certificate. .
No. XXI.
Obder of Two Justices for diverting and' turning a (Public Highway, Bridleway, or
Footway, as the Case shall be,) through the Lands of any Person who consents
thereto.
Middlesex. \1 / E and esquires, two of his Majesty's justices of
Y T the peace for the said county, at a special sessions held at
in the (hundred) of in the said county, on the day of
one thousand seven hundred , having upon view found that a certain part of
a (highway, &c.) within the (parish, &c.) of in the said hundred, lying
between and for the length of yards or thereabontSy
and particularly described in the plan hereunto annexed, ]nay be diverted and turned
so as to make the same nearer (or more commodious) to the public ; and having viewed
a course proposed for the new highway, iu lieu thereof, through the lands and grounds
of of the length of yards or thereabouts, and of the breadth
of feet or thereabout, particularly described in the plan hereunto annexed,
and having received evidence of the consent of the said to the said new
highway being made through his lands herein-before described by writing under his .
hand and seal, we do hereby order that the said highway be diverted and turned
through the lands aforesaid ; and we do order an equ^ assessment, &c. (in the same
form as before mentioned).
N0.XXIL
Consent from the Owners of the Land through which a new Highway is proposed to
be nmde.
IA.B. of in the county of being owner of the lands described
in the plan hereunto annexed, through which part of a certain highway lying
between and is intended to be diverted and turned (in consiaera-
tion of the sum of to be paid to me for the said land and the soil thereof),
or (in consideration of the said old highway being sold, exchanged, and to be vested in
me, and also of the sum of to be paid to me (as the case may be), do hereby
consent to the making and continuing such new highway through my said lands.
Given under my hand and seal this day of 17 •
Appendix. 703
No. XXni. 13 Geo. 3.
Licence from Justices of Peace at a Special Sessions to get Materials for the Repair ^' 78.
of the Highways in another Parish besides that wherein such Materials are to be ^'^"""^
employed.
Middlesex. At a special sessions held at for the (hundred) of
in the said county, by justices of the peace for the said county acting within
the said (hundred), on the day of 17 •
IT appearing to us, upon evidence this day received, that sufficient materials jcannot
conveniently be had within the waste lands, common grounds, rivers, or brooks,
nor in the inclosed lands or grounds, lying within the (parish, &c.) of A. in the said
(hundred), for the repair of the highways within the said (parish, &c.), nor in the
waste lands, common grounds, rivers, or brooks within the (parish) of B. adjoining to
the said (parish, &c.) of A., we do hereby give our licence to the surveyor for the said
(parish) of A. to search for, dig, get, and carry sand, gravel, chalk, stone, and other
materifds within the inclosed lands or grounds of CD. within the said (parish, &c.) of
B., to be employed in the repair of the highways within the said (parish) of A., it
appearing from evidence laid before us that there are proper materials within the said
lands for the purposes aforesaid lying convenient to the said highways, and that after
such materials shall be so taken ^ere will be sufficient left for the use of the highways
within the said (parish) of B., upon the said surveyor's making satisfaction and recom-
pence for the same in ihe manner directed by the Act passed in the thirteenth year of
the reign of his Majesty King Greorge the Third, for the amendment and preservation
of the highways, subject to such restrictions as are therein contained. Given under
our hands and seals the day and year above written.
A.B,
CD.
No. XXIV.
Licence from a Justice of Peace for a Surveyor to gather Stones upon inclosed Lands
for the Repair of the Highways.
Middlesex. To the surveyor of the highways for the (parish) of in
the (hundred) of . in the said county.
HEREAS by an Act passed in the thirteenth year of the reign of his Majesty
w
King George the Third, for the amendment and preservation of the highways,
the surveyors are authorized to gather stones lying upon any lands or grounds within
their liberty, for the use and benefit of the highways, but not without the consent of
the occupiers of such lands, or a licence from a justice of peace for that purpose : And
whereas it appears to me E.F., one of his Majesty's justices of the peace for the said
county, and acting within the said (hundred, &c.), upon the oath of the said surveyor,
that he hath applied to A.B. of for his consent to gather stones from the lands
called or knbwn by the names of and in his occupation, within
the said (parish, &c.) for the purposes aforesaid, and that the said stones are necessary
for the repair of the said highways, and that the said A.B. hath refused to permit the
same to be gathered ; and the said A.B. having been duly summoned to appear before
me to shew cause why such permission should not be granted, and (having appeared
before me accordingly), or (having sent his steward or agent), or (CD. on his behalf
to attend me upon that occasion), or (but not having appeared), I have heard what has
been alleged, and taken the said matter into consideration, and am of opinion that the
said stones are necessary, and ought to be gathered and carried away for the purposes
aforesaid : Therefore I do hereby give my licence to the said surveyor to take and
carry away the same accordingly. Given under my hand and seal the day
of J7 .
No. XXV.
Notice to perform Statute Duty (to be given Four Days before the Day on which the _^. ,
Duty is to be performed), ^p^u^
AB., you are hereby required to send a team, with two able men, to ^* of the
• within the (parish, &c.) of on the and days If^, P^°«
of next, at o'clock in the morning of each day, in order to per- pgri»h, Ac he
form such duty upon the highways within the said as shall be required by is only to send
the surveyor, pursuant to the direction of the Act passed in the thirteenth year of the one man.
704
Appendix.
18 Geo. 3.
ۥ78.
If a wagffon, or
a cart with two
hones, or one
horse only, is
required, let it
be expressed.
reign of his Maj^Atj King George the Third, for the amendment and preservation of
the highways. (When personal labour is required,) You are hereby required, by your-
self, or a sufficient labourer, to attend, &c.
Dated this day of 17 .
No. XXVI.
Notice for Compositions.
NOTICE is hereby given, that all persons who are inclined to compound for their
statute duty within the (parish, &c.) of are hereby required to signify
their intention to compound for the same to the surveyor of the highways
for the said (parish, &c.) at the house of of on the day
of this instant November, between the hours of and ; and they are
hereby required, at the same time or within the space of one month after, to pay their
composition money to the said surveyor ; and also, that all persons who are liable to
pay money for the lands, tenements, woods, tithes, and hereditaments which they
occupy, or in lieu of their duty within the said (parish, &c.), according to the Act made
in the thirteenth year of his Majesty King Greorge the Third, for the amendment and
preservation of the highways, are required to pay the same to the said surveyor on tlic
day or within the time aforesaid.
Dated this day of November 17 .
A.B., Surveyor.
No. XXVII.
Ordeb for Statute Duty to be performed in Kind.
Middlesex. At a special sessions held at in the (hundred) of
in the said county, the day of 17 , by justices of the peace
for the said county acting within the said (hundred).
IT appearing to us, from the information which we have received, that there will be
difficulty in procuring the necessary (carriage), or (a sufficient number of laboarere)
(as the case shall be,) for the repair of the highways within the (parish, &c.) of
within the said (hundred), without paying high and extravagant prices for the same,
we do hereby order and direct (the team duty within the said (parish, &c.), except
such teams where the owners thereof do not occupy lands, tenements, woods, tithes,
or hereditaments within the said (parish, &c.) of the annual value of thirty pounds),
or (one half of the team duty, &c.), or (the labourers liable to perform statute duty
within the said ^rish, &c.^ (as the case shall be), to perform statute- duty in kind
within the said (parish, &c.), according to the authority and directions of the Act
passed in the thirteenth year of the reign of his Majesty King George the Third, for
the amendment and preservation of the highways.
•
No. xxvin.
NoTiCK to the Surveyor of the Times fixed by the Inhabitants for being excused from
doing their Statute Duty.
To the surveyor of the highways for the (parish, &c.) of
of
in the connty
I A3, (constable) (headborough) (tythingman) of the said (parish, &c.) do hereby
give you notice, that the inhabitants of the said (parish, &c.) did, at a vestry or
public meeting held on the day of one thousand seven hun-
dred y agree to take the benefit of the indulgence of three months for not
performing their statute dnty given by the legislature in the Act passed in the thirteenth
year of the reign of his Majesty King George the Third, for the amendment and
preservation of the highways, at the times following ; videlicet, that they shall not be
called upon to perform such duty between the day of and
the day of (which they consider as the seed month), nor between
the day of and the day of (which they consider
as the hay harvest month), nor between the day of and the
day of (which they consider as the corn harvest month). [Tlie like notice to
be given to the surveyor or surveyors of the turnpike roads where there are any sach
within the (parishi &c.)]
Appendix. 705
No. XXDC 13 Geo. 3.
Ordeb of the Justices at their Special Sessions for the Repair of certain Highways c. 78.
which most want Repair. ^'^"^
Middlesex. At a special sessions held at in the (hundred) of
in the said county, the day of 17 , by justices of the
peace for the said county, acting within the said (hundred).
To the surveyors of the highways for the (parish, &c.) of in the said
(hundred).
IT appearing to us, that the highway lying between and within
your liberty is very founderous, and in bad repair, and being of great public use,
we do hereby order that you repair or cause the same to be repaired before tlic
day of next
Given under our hands and seals this day of 17 .
No. XXX.
A Precept for erecting Guide Posts, &c.
Middlesex. At a special sessions held at for the (hundred) of
in the said county, before justices of the peace for the said county, acting within
the said (hundred), on the day of 17 •
To the surveyor of the (parish) of in the said (hundred).
YOU are hereby required forthwith to erect or cause to be erected in the most
convenient place upon the highway lying between and
within your liberty, where the roads cross oi* branch out, a guide post, with pro|)or
inscriptions painted on both sides thereof in large legible letters, denoting the towns
of and (or other places, as the justices shall think most proper).
[Where graduated stones or posts are necessary to prevent accidents from deep
waters, vary it as under] [In the most convenient place upon the highway, at the
approach or entrance on each side of the ford or water called at
within your (liberty), graduated posts, denoting the depth of water in the deepest part
thereof, through which such highway passes ; and you are allowed to charge the
reasonable expences of providing and erecting the same in your accounts.]
A.B.
CD.
No. XXXI.
Notice for holding a Vestry or other public Meeting.
NOTICE is hereby given, that a vestry or public meeting will be held at
on the day of next, at the hour of in the
noon, in order to consult about the times when it will be most convenient for the
inhabitants of this (parish, &c.) to be excused from being called forth to perform their
statute duty, accorcUng to the indulgence given them by the Act passed in the thirteenth
year of the reign of his Majesty King George the Third, for the amendment and
preservation of the highways.
Dated the day of 17 .
A.B. (Constable,) (Headborougb, &c.)
No. XXXDL
Presentment by a Justice of Peace.
Ifiddlesez. A T the general quarter sessions of the peace of our Lord the King held for
i\ the said county at in the said county, on (Tuesday) the
day of in the year of the reign of , before esquires,
and others their companions^ justices of our said Lord the King, assigned to keep the
peace in the said county, and also to hear and determine divers felonies, trespasses, and
other misdemeanors in the said county committed ; AB., esquire, one of the justices of
our said Lord the King, assigned for the purposes aforesaid, by virtue of an Act made
in the thirteenth year of the reign of his Majesty King George the Thinf, for the ij^jj^ to \^ in.
amendment and preservation of the highways (upon his own view), or (upon informa- serted where
tion upon oath to him given by CD., surveyor of the highways for the (parish, &c.) it i« upon the
of in the said county), doth present, that from the time whereof the memory infonnatioii of
VOL. IV. TY theBunreyor.
w
706 Appendix.
13 Geo. 3. of man is not to the contrary, there was and yet is a certain common and ancient
c. 78. King's highway leading from the town of in the said (county, &c,) towards
'^ — V — ' and unto within the same (county), used for all the King's subjects, with
their horses, coaches, carts, and carnages, to go, return, and pass at their will ; and
that a certain part of the same King's common highway, commonly called , situate^
lying, and being in the (parish, &c.) of in the same (county), containing in
length yards, and in breadth feet, on the day of in the
year of the reign of and continually afterwards until the present day was and
yet is very ruinous, deep, broken, and in great decay for want of due reparation and
amendment, so that the subjects of the King through the same way with their horeee,
coaches, carts, and carriages could not during the time aforesaid, nor yet can, go,
return, or pass as they ought and were wont to do, to the great damage and common
nuisance of all the Kings subjects through the same highway going, returning, or
passing, and against the peace of our said Lord the King ; and that the inhabitants of
the (parish, &c.) of aforesaid, in the (county) aforesaid, the said common
highway (so in decay) ought to repair and amend when and so often as it shall be
necessary. In testimony whei'eof the said A.B. to these presents hath set his hand and
seal this day of in the year aforesaid.
No. xxxni.
Summons for any Person or Persons to attend a. Justice or Justices.
Middlesex. To A.B. of
HEREAS complaint and information hath been made upon oath before me CD.,
one of his Majesty's justices of the peace for the said (county, &c), by £.F.
of , that, &c. [here state the nature and circumstances of the case as far as it
shall be necessary to shew the offence and to brine: it within the authority of the justice,
and in doing that follow the words of the Act as near as may be] : These are therefore
to require you personally to appear before me (or the justices to be assembled at their
special sessions to be hold en) at in the said (county, &c.) on the
day of next, at the hour of in the noon, to answer to
the said complaint and information made by the said E.F., who is likewise directed to
be then and there present to make good the same: Herein fail not. Given under my
hand and seal this day of 17 .
No. XXXIV.
Information.
Middlesex.T>E it remembered, that on the day of 17 A.B.
J3 of in the said county informeth and maketh oath before
me , one of his Majesty's justices of the peace for the said county, that
of in the said county [here describe the offence, and if it is for default in
performing st-atute duty, state the duty required and the notice given for that purpose,
and the neglect according to the fact, and as near the words of the Act as may be J.
contrary to the statute mode in the thirteenth year of the reign of his Majesty King
George the Third, for the amendment and preservation of the highways, which hath
imposed a forfeiture of for the said offence.
A.B.
Taken and sworn the 1
day of before me j
No. XXXV.
Form of a Conviction.
Middlesex."!) E it remembered, that on the day of in the year of
Sy our Lord 17 , at in the county aforesaid, A.B. came
before me CD., esquire, one of his Majesty's justices of the peace for the said county,
and informed me that E.F. of , on the day of now last
past, at in the said county, did [here set forth the fact in the manner described
by the statute], whereupon the said E.F., after being duly summoned to answer the
said charge, appeared before me on the day of at
in the said county, and having heard the charge contained in the said information,
declared that he was not guilty of the said offence ; but the same being fully proved
upon the oath of G.H., a credible witness, it manifestly appears to me the said justice
Appendix. 707
that he the said E.F. is guilty of the offence charged upon him in the said information : 13 Geo. 3.
It is therefore considered and adjudged by me the said justice, that the said £.F. be c. 78.
convicted, and I do hereby convict him of the oflence aforesaid ; and I do hereby ^^ — y — '
declare and adjudge that he the said E.F. hath forfeited the sum of of lawful
money of Great Britain for the offence aforesaid, to be distributed as the law directs This to be in-
according to the form of the statute in that case made and provided. Given, &c. serted where
After the words " being duly summoned to answer to the said charge " iusert (did not J^® P"*y "^
appear before me pursuant to the said summons): or (did neglect and refuse to make u'^nthe sum^
any defence against the said charge ; but the same being fully proved, <&c.) as before, mons.
After the words '^ contained in the said information " insert (acknowledged and volun- This to he in-
tarily confessed the same to be true, and it manifestly appears to me the said justice, serted when the
Ac) as above. P*^ ~«"?^
' confesses the
No. XXXVI. «*«^-
Warraxt to distrain for the Forfeiture.
Middlesex. To the (constable) headborough) or tithingman) of
HERE AS A.B. of in the said county (yeoman) is this day convicted
w
before me CD., esquire, one of his Majesty's justices of the peace in and for the
said county, upon the oath of G.H., a credible witness, for that the said A.B. hath [hero
set forth the offence, describing it particularly in the words of the statute as near as
may be], contrary to the statute in that ease made and provided, by reason whereof the
said A.B. hath forfeited the sum of to be distributed as herein is mentioned,
which he hath refused to pay : These are therefore in his Majesty's name to command
you to levy the said sum of by distress of the goods and chattels of him the
said A.B. ; and if within the space of four days next after such distress by you taken
the said sum, together with the reasonable charges of taking and keeping the same, shall
not be paid, that then you do sell the said goods and chattels so by you distrained, and out
of the money arising by such sale that you do pay one half of the said sum of
to E.F. of who informed me of the said offence, and the other half of the This to he
said sum of to J.K., the surveyor of the highways for the (parish, township, varied aceoni-
or place) where the said offence (neglect or default) happene<l, to be employed towards ]^S to the Art
the repair of the said highways, returning the overplus upon demand to him, the said ^^^^^^ ^^
A.B. (the reasonable chai'ges of taking, keeping, and selling the said distress being
first deducted) ; and if suiRcient distress cannot be found of the goods and chattels
of the said A.B. whereon to levy the said sum of y that then you certify the
same to me, together with this warrant. Given under my hand and seal the
day of 17 .
CD.
No. XXXVII.
Retubn of the Constable to be made upon the Warrant of Distress when there are no
Effects.
IA.B., constable of the (parish, &c.) of in the (county) of , do
hereby certify and make oath, that by virtue of this warrant 1 have made diligent
search for the goods of the within-named , and that I can lind no sntlicient .
goods whereon to levy the within sum of . As witness my hand the
day of 17 .
A.B.
Sworn before me the day 1
and year, &c. CD. j
No. XXXVIII.
Warrant of Distress for Nonpayment of Money charged by an Assessment.
Middlesex. To the (constable) headborough) tithingman) of in the
said (county).
WHEREAS by an assessment made upon the occupiers of lands, tenements, woods,
tithes, and hereditaments within the (parish, &c.) of in the said
(county), for the purposes of, &c. [as stated in the justice's order], pursuant to an order
of justices for that purpose, according to the directions of the Act pasised in the thirteen tli
year of the reign of his Majesty king George the Third, for the amendment and preser-
vation of the highways, A.B. was charged the sum of as his share and pro-
portion of the said assessment, in respect of the lands, tenements, woods, tithes, and
w
708 Appendix.
13 Geo. 3. hereditaments which he occupied within the said (parish, &c.) : And whereas it appears
0. 78. to me upon the oath of that the said sum of hath heen duly
^ — y — ' demanded from the said A.B., and that he hath refused to pay the same for the space
of ten days after such demand made : These are therefore in his Majesty's name to
commfuid you to levy the said sum of by distress of the goods and chattels
of the said A.B ; and if the same shall not be paid within the space of four days next
after such distress by you taken, together with the reasonable charges of taking and
keeping the same, that you do then sell the said goods and chattels so by you distrained,
and out of the money arising by such sale that you do pay unto CD., the surveyor of
the highways for the said (parish, &c.) of , the said sum of , to be
employed for the purposes aforesaid ; and that you do return the Surplus thereof to the
said A.B. (the reasonable charges of taking, keeping, and selling the said distress being
first deducted) ; and if sufficient distress cannot be found of the goods and chattels of
the said A.B. whereon to levy the said sum of , that then you certify the
same to me, together with this warrant. Given under my hand and seal the
day o^ 17 .
No. XXXIX.
Commitment for Want of Distress.
Middlesex. To the (constable) of * in the said county, and to the keeper of
the common gaol (or the house of correction) at in the said county.
'HEREAS A.B. of in the said county (yeoman) was on the
day of convicted before me CD., Esq., one of his Majesty's justices of
the peace in and for the said county, upon the oath of E.F. a credible witness^ for tbat .
he the said A.B. [here set forth the offence], contrary to the statute made in the thir-
teenth year of the reign of his Majesty King George the Thii'd, for the amendment and
preservation of the highways, by reason whereof the said A.B. hath forfeited the sum
of : And whereas, on the day of in the year aforesaid,
I did issue my warrant to the (constable) of . to levy the said sum of
by distress and sale of the goods and chattels of him the said A.B., and to distribute
the same according to the directions of the said statute : And whereas it duly appears
to me, upon the oath of the said (constable), that the said (constable) hath used his best
endeavours to levy the said sum on the goods and chattels of the said A.B. as aforesaid,
but that no sufficient distress can be had whereon to levy the same : These are therefore
to command you, the said (cod stable) of aforesaid, to apprehend the said A.B.,
and him safely to convey to the common gaol (or house of correction) at in
the said county, and there deliver him to the keeper thereof^ together with this precept;
and I do hereby also conmiand you the said keeper to receive and keep in your custody
the said A.B. for the space of three months, unless the said sum shall be sooner paid
pursuant to the said conviction and warrant ; and for so doing this shall be your suffi-
cient warrant. Given under my hand and seal, the day of in the
year of our Lord 17 .
CD.
In the case of a commitment for the want of payment of money due by an assessment,
it must be (to receive and keep in your custody until he shall have paid the said sum
of , and the further sum of , being the costs and charges occasioned
by his neglect in paying the same).
No. XL.
Notice of Appe^ to the Quarter Sessions.
AB. take notice, that I intend to appeal to the next general quarter sessions of the
• peace to be holden for the (county, &c.) of against an order (conviction,
or other proceeding, as the case may be, particularly specifying the purport of such
order, &c., and assigning the grievance and cause of complaint). Dated the day
of 17 .
CD.
Appendix. 709
I
27 GEORGE III. A.D. 1787-
CHAPTER I.
An Act to render more effectual the Laws now in being for suppressing
unlawful Lotteries. i*i
f Wl HEREAS the good and wholesome laws from time to time made and provided
I YV for the suppression of unlawful lotteries, and against adventuring in lotteries
[ established by Acts of ParHament in Great Britain or Ireland by unlawful sales of
chances of tickets and by insuring for or against the drawing of such tickets, have
not been found effectual for the purposes intended thereby : And whereas in and by Recital of
an Act of Parliament made and passed in the eighth year of the reign of his late 8 Geo. l. c 2.
Majesty King Greorge the First, intituled *^ An Act for continuing the duties on malt,
" mimi, cyder, and perry, to raise money by way of lottery, for the service of the year
** one thousand seven hundred twenty-two, and for transferring the deficiencies of a
'^ late malt Act to the land tax for the said year, and for giving time for inserting the
^' money given with apprentices in their indentures, and touching lost bills, tickets,
" or orders, and for exchanging the tickets in the Exchequer for certificates, and for
^ - suppressing lotteries denominated sales, and other private lotteries^ and for enlarging
• " the time for the accountant general of the Bank of England to return duplicates of
I '' annuities into the Exchequer," it is amongst other things enacted that all and every
j person or persons who after the twenty-first-day of December in the year of our Lord
one thousand seven hundred and twenty-one shall make, print, advertize, or publish, or
cause to be made, printed, advertized, or published, proposals or schemes for advancing
small sums of money by several persons, amounting in the whole to large sums, to be
divided among them by the chances of the prizes in some publick lottery or lotteries
established or allowed by Act of Parliament, or shaU deliver out or cause or procure
to be delivered out tickets to the persons advancing such sums, to intitle them to a
share of the money so advanced, according to such proposals or schemes, or shall
make, print, or publish, or cause to be made, printed, or published any proposal or
scheme of the like kind or nature, under any denomination, name, or title whatever,
and shall be thereof convicted upon the oath or oaths of one or more credible witness
or witnesses, by two or more justices of the peace of the county, division, or liberty
where such offence shall be committed or the offender shall be found, shall for such
offence, over and above any former penalties inflicted by any former Act or Acts of
Parliament made against any private or unlawful lotteries, -forfeit the sum of Hvq hun-
dred pounds : And whereas in and by two other Acts of Parliament, the one thereof 12 Geo. 2. c. 28.
made and passed in the twelB;h year of the reign of his late Majesty King George the
Second, intituled " An Act for the more effectual preventing of excessive and deceitful
^^ gaming," and the other thereof made and passed in the twenty-second year of the and 22 Geo. .3.
reign of his present Majesty, intituled " An Act for licensing lottery office keepers, ^' *7.
'^ and regulating the sale of lottery tickets," many good and wholesome provisions
are enacted, which require to be maintained and carried more effectually into execu-
tion : And whereas great difficulties have arisen upon the methods of conviction, of
offenders against the said recited Acts before justices of the peace, and many evasions
• of the said recited Acts are daily put in practice : For remedy whereof, may it please
your Majesty that it may be enacted, and be it enacted by the King's most excellent
Majesty, by and with the advice and consent of the lords spiritual and temporal, and
commons, m this present Parliament assembled, and by the authority of the same, that ProviRionR of
all and every the said recited Acts, and every article and thing in them contained incited Acts •
touching and concerning lotteries, and not by this Act altered or repealed, or other concerning lot-
provision made in lieu thereof, shall be duly put in execution, according to the tenor of hereby°altcred
the said recited Acts, and under the penalties therein contained, to he raised, levied, to continue
and disposed of as in and by this Act is directed. in force.
I* The provisions of this Act (which is rep., 46 Geo. 3. c. 148. a. 64.) are extended and
applied by 42 Geo. 3. c. 119. a. M
710
Appendix.
27 Geo. 3.
c. 1.
Penalties under
recited Acts
shall not be re-
covered before
justices, but
may be sued
for at West-
minster within
six months.
Application of
penalties.
In any action
for penalty the
defendant shall
give bail to
answer it.
[II.] And be it further enacted by the authority aforesaid, that fi*om and after th
day on which this Act shall receive his Majesty's royal assent no pecuniary penalty
penalties which shall bo incurred by any person or persons offending against such par
of the said Acts or any of them as touch and concern lotteries shall be recovered
recoverable before any justice or justices of the peace, but shall and may bo sued fo
by any person or persons whomsoever, at any time within six calendar months nex
after such offence shall be committed, and recovered by action of debt, bill, plaint, 8uit«
or information in any of his Majesty's courts of record at Westminster, in which no
^soin, protection, wager of law, or more than one imparlance shall be allowed ; and
one moiety of the said respective penalties, when recovered, shall in every such case
Bail not to
exceed 500/.
17 Geo. 2. c. 5.
recited,
and extended
to persons who
shall deal in
tickets with-
out taking
out a licence
pursuant to
22 Geo. 2.
c. 47. or sell
chances, &c.
go and be applied to the use of his Majesty, his heirs and successors, and the other
moiety, with full costs of suit, to the person or persons who shall sue or prosecute for*'
the same respectively ; and upon every such action, bill, plaint, suit, or information,^
a capias or other writ shall and may issue; the first process specifying therein the-
amount of the penalty or penalties sued for, whereof an affidavit shall be first duly
made and filed ; and the defendant or defendants shall in such case be obliged to give ]
sufficient bail or security, by natural-born subjects, persons naturalized, or denizens, to'^
the person or persons to whom such capias or other writ shall be directed, to appear
in the court out of which such pi-ocess shall be issued at the day of the return of such
process to answer such suit or prosecution ; and shall likewise, at the time of such
appearance, give sufficient bail or security, by such persons as aforesaid, in the said
court, to answer and pay all the forfeitures and penalties incun*ed for such offence or
offences, together with the costs of suit, in case he, she, or they sliall be convicted
thereof, or to yield his, her, or their body or bodies to prison : Provided always, that
the bail herein-before required to be given shall in no case exceed the sum of five
hundred pounds.
[in.] And whereas in and by an Act made and passed in the seventeenth year of
the reign of his late Majesty King Greorge the Second, intituled ^ An Act to amend
^* and make more effectual the laws relating to rogues, vagabonds, and other idle and
'' disorderly persons, and to houses of correction," it is enacted that all persons playing
or betting at any unlawful games or plays shall be deemed rogues and vagabonds
within the true intent and meanlag of that Act : And whereas all lotteries not esta-
blished by Act of Parliament in Great Britain or Ireland are declared to be common
and publick nuisances : And whereas all adventuring with lottery tickets in such
lotteries as are established by Act of Parliament other than by the actual sale o£
tickets and of such shares thereof as are permitted by law to be sold is wholly pro-
hibited by the said Act of the twenty-second year of the reign of his present Majesty :
And whereas it would tend greatly to suppress such abuses in the lottery now estab-
lished, and in all future lotteries that may hereafter be established by law, if the person
and persons guilty of any of the offences against this Act, or such parts of the herein-
before mentioned Acts or any of them as touch and concern lotteries, might be
punishable under the said Act passed in the seventeenth year of the reign of his said
late Majesty, .except in cases of insurances on tickets by persons actually possessed
thereof under the restrictions herein-after mentioned : Be it therefore further enacted
by the authority aforesaid, that from and after the day on which this Act shall receive
his Majesty's royal assent all and every person and persons wlio shall publickly or
privately open, set up, continue, or keep, by himself or herself, or by any other person
or persons, any office or other place for buying, selling, or otherwise dealing in any
tickets or any shares of tickets in any lotteiy now established or hereafter to be esta-
blished by any British or Irish Act of Parliament, or for registering the numbers of
such tickets, without the .authority of a licence duly obtained for that purpose from
the commissioners for managing the duties upon stamped vellum, parchment, and paper
for the time being, in the manner in and by the said recited Act of the twenty-second
year of the reign of his present Majesty directed ; and all and every person and persons
(except as herein-after is provided) who shaU, by himself, hei'self, or themselves, or
by any other person or persons, or for his, her, or their own account, or for or on the
account, &s the servant, agent, or factor, of any other person or persons, sell, or cause
or procure to be sold, the chance or chances of any such ticket or tickets, or any share
or shai'es thereof, for a day, or part of a day, or any less time than the whole time of
drawing in any such lottery then to come ; or insure, 6t cause or procure any other
person or persons to insure, for or against the drawing of any such ticket or tickets ;
or shall receive any money or goods whatsoever, in consideration of any agreement or
promise to repay any sum or sums of money, or to deliver the same, or any plate,
Appendix.
711
>ni aud alter:
miaypeDiiiT
jBinstaiebfK
berecoTcrwf
137 be mi •
r fflODtlli&f
iil,pIaiol,«t
V in whicki
Allowed; r
?I7 SflCll Or
nd the otk
prosecute li
infonzudft
tfaereia tk
? &v£ dnli
ed to ^Vc
ienizens, to
^, \o &p]^
am of sod
ime of sod
, in the ai/
^ offeDce s
yd ooDTioa
alwajs, tk
sum df^'
aiih jar ^
jieridks
its fl*^
Ig IB ^
OfCl^
jewels, or other goods whatsoever, if any such ticket or tickets shall prove fortauato
or nnfortuDate, or upon any other chance or chances, event or events, contingency or
contingencies, relative or applicable to the drawing of any such ticket or tickets,
whether as to the time of their being drawn or otherwise howsoever ; shall be deemed
rogues and vagabonds, within the true intent and meaning of the said recited Act of
the seventeenth year of the reign of his said late Majesty, and shall be punishable as
such rogues and vagabonds accordingly ; and all persons who shall be found offending
against this Act in the manner above mentioned shall and may be apprehended and
conveyed before some justice or justices of the peace, as in and by the said recited Act
in relation to the rogues and vagabonds therein described is directed ; and the justice
or justices before whom such offender shall be brought, such offender not having been
sued or prosecuted for the same offence, without covin or collusion, in some of his
Majesty's courts of record, by such action of debt, bill, plaint, suit, or information as
afoi*esaid, shall and may, upon full and sufficient proof of the offence, in the manner in
and by the said recited Act directed, order such offender to be sent to the house of cor-
rection, there to remain until the next general or quarter sessions of the peace for the
county, riding, division, or place where the said offence- was comnutted ; and the jus-
tices at such sessions shall enter upon the examination of the case, and proceed therein
according to the directions of the said recited Act of the seventeenth year of his said
late Majesty ; and all justices of the peace, mayors, bailiffs, constables, headboroughs,
and other his Majesty's civil officers, within their respective jurisdictions, are hereby
impowered and stiictly required to use their utmost endeavours to prevent the com-
mitting of any of the offences aforesaid, by all lawful ways and means ; and shall bo
and are hereby indemuified for any thing done in execution of this Act.
[IV.] And be it further enacted by the authority aforesaid, that all other the
]>owers, authorities, rules, directions, punishments, and provisions, prescribed and in-
flicted in and by the said recited Act of the seventeenth year of his said late Majesty,
for the apprehending, securing, and punishing persons as rogues and vagabonds within
the true intent and meaning of the said Act, not hereby altered, shall be applied and
carried into execution in relation to the persons hereby declared to be rogues and
vagabonds, as fully to all intents and purposes as if the same powers, authorities,
rules, directions, punishments, and provisions, and every of them, had severally and
respectively been re-enacted in this Act.
[V.] Proyided Til ways, and be it further enacted by the authority aforesaid, that
from and after the day on which this Act shall receive his Majesty's royal assent it
shall and may be lawful for any person, actually possessed of any whole undrawn ticket
in any lottery now established or hereafter to be established by law in Great Britain,
to make or cause to be made any insurance on his or her ticket, for the indemnifying
himself or herself against any loss which he or she may sustain by adventuring in the
said lottery for or by reason of such ticket, so as every contract or agreement for su<;h
insurance be reduced into writing (without being subject to any of the duties under
the management of the commissioners of stamps) before the time of such ticket being
drawn in the said lottery ; and so as the name of the possessor of such ticket at the
time of such insurance, the number thereof, the lottery to which such ticket shall
belong, and the amount of the pren^iums received thereon, be respectively inserted and
expressed in such agreement, and so as every such insurance be made upon a whole
ticket or whole tickets only, on condition to pay the full amount or value thereof, and
not otherwise ; anything contained in this Act or in the said Act of the twenty-second
year of the reign of his present Majesty for licensing lottery office keepers and
regulating the sale of lottery tickets to the contrary thereof notwithstanding.
[YI.] Provided always, that no such insurance shall be for a less time than shall
then remain of the drawing of the said lottery ; and that every such ticket so insured
shall be deposited by tlie person so insuring the same in an office established or to be
established by the commissioners for managing the duties upon stamped vellum, parch-
ment, and paper for the time being for the deposit of tickets intended to be sold in
shares, by virtue of an Act passed in the twenty -second year of his present Majesty's
reign, intituled '^ An Act for licensing lottery office keepers and regulating the sale of
*^ lottery tickets "; and shall be there left with the receiver general of his Majesty's
stamp duties, or some person or persons to be appointed by liim to receive the same,
and who is and are hereby authorized and required to receive the same : Provided also,
that every such ticket so deposited may be assignable, together with' such insurance.
[VIL] Provided always, and be it further enacted by the authority aforesaid, that
if any person or persons whatsoever, not being duly licensed under the said Act of the
27 Geo. 3.
c. 1.
Justices to
commit of-
fcDders to the
house of cor-
rection till the
next quarter
sessions.
The powers of
recited Act,
17 Geo. 2. c. 5.,
extended to
this Act.
The possessor
of a whole
ticket in any
lawful lottery
may insure it
by a written
agreement for
its full value.
Every in-
surance must
be for the
whole time
remaining of
the drawing ;
and the ticket]
must be depo-
sited with the
receiver gene-
ral of the stamp
duties or some
person ap-
pointed by him
to receive it.
Tickets and
insurances
assignable.
Fcrsous not
duly liceobed
712
Appendix.
27 Geo. 3.
c. 1,
V V '
making insu-
rances, liable
to the penalties
of keeping un-
liceuced lottery
officer.
Offenders not
to be prose-
cuted for pecu-
niary penalties,
and also as
vagabonds.
Nor before a
justice for
offences re-
specting lot-
teries already
established, un-
less informa-
tion has been
made before
Feb. 5, 1787.
llis Mi^esty*s
share of penal-
ties to be paid
to the receiver
general of the
stamp office.
Greneral issae.
Treble costs.
twenty-second year of his present Majesty's reign, shall from and after the day on which
this Act shall receive his Majesty's royal assent grant,- sign, or nnderwrite any agree-
ment for any such insurance as aforesaid, or shall take or receive any premium or con-
sideration in the nature of a premium for such insurance, every such pei*son or persons
not duly licensed as aforesaid shall be subject to the like pains, penalties, and foi-
feitures as are inflicted on persons keeping lottery offices without the authority of such
licence by the said Act of the twenty-second year of his present Majesty's reign or by
this Act, to be levied and recovered, inflicted, applied, and carried into execution as
in and by this Act is directed, and according to the true intent and meaning thereof.
[Vni.] Provided always, and be it further enacted by the authority aforesaid, that
no person shall be liable to be prosecuted for any offence against this Act, or such parts
of the herein-before mentioned Acts or any of them as touch and concern lotteries, by
both the ways by this Act prescribed ; nor shall any person against whom any action,
suit, or information for the recovery of a pecuniary penalty hath been commenced and
carried on with effect be liable to imprisonment as a rogue and vagabond under this
Act for the same offence ; and that where any person shall be convicted and sentenced
to imprisonment as a rogue and vagabond under this Act, such person shall not be liable
afterwards to be prosecuted for any pecuniary penalty for the same offence.
[IX.] Provided also, and be it further enacted by the authority aforesaid, that no
person or persons shall be subject or liable to any prosecution before any justice or
justices of the peace for any offence against the herein-before mentioned Acts touching
and concerning any lottery now established or heretofore established in this kingdom,
unless information thereof shall have been made on or before the fifth day of February
one thousand seven hundred and eighty-seven.
[X.] And be it further enacted, that all such penalties and forfeitures, and shares of
penalties and forfeitures, and sums of money which shall belong to his Majesty, his heirs
and successors, and which shall be received by any officer or officers in the execution of
this Act, shall be paid into the hands of the receiver general of the stamp office for the
time being, who shall keep a separate and distinct account thereof, and thereout shall
pay the expence the said office shall be put to in executing this Act ; and the said
receiver general sl^all. pay the residue into the receipt of the Exchequer at such time
and in such manner as other penalties and forfeitures due and payable to his Majesty
are or shall be paid or payable.
[XL] And be it further enacted by the authority aforesaid, that if any person or
persons shall at any time or times be sued, molested or prosecuted for any thing by him,
her, or them done or executed in pursuance of this Act, or of any clause, matter, or
thing herein contained, such person or persons may plead the general issue, and give
the special matter in evidence for his, her, or their defence ; and if upon the trial a ver-
dict shall pass for the defendant or defendants, or the plaintiff or plaintiffs shall become
nonsuited, then such defendant or defendants shall have treble costs awarded to him, her,
or them, against such plaintiff or plaint iffs.J*J
I* As to treble costB, see 5 & 6 Vict. c. 97. s. 2.]
End of the Fourth Volume.
LONDON : Printed by Geouge Edwajrd Eybb and William Spottibwoodk,
Printers to the Queen's most Excellent Migesty. lS7d.
3 bios 0b2 531 HH2
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