CA P. XXXIII. An act for draining, improving and preferving, the low lands in the parishes of Altcar, Sefton, Halfall, and Walton upon the Hill, in the county palatine of Lancaster. Preamble. Boundaries of the low lands; in Melling, in Maghull, in Altcar, in Down Holland, in Formby, in Altcar, in Formby, in Altcar, in Ince Blundell, in Little Crosby, in Ince Blundell, in Lunt, in Sefton, in Netherton, in Aintree; commiffioners names. Commiffioners inpowered to change the courfe of the river Alt below Bull Bridge; and to make a new channel; and to open feveral rivulets; and to make bridges, drains, and other works; and to use earth and ground near the banks. Commiffioners authorifed to alter the courfe of rivulets and brooks; but not to leffen the ftreams which fupply Sefton mills, &c. Clause for limiting the time when the new channel fhall be made, &c. River Alt to be kept open and cleanfed till the new channel is compleated, and adjudged fufficient to drain the lands. Jury to be fummoned. Commiffioners may fummon witneffes, and examine them on oath. If jury find the new channel fufficient to drain, the old channel not to be opened in future. Incapacitated perfons impowered to agree for damages done to lands. If they cannot agree, then to be bound by adjudication and affeffment of damages; or, at the election of the party fuftaining damage, by the quarter feffions; or by a Jury. Commiffioners to iffue warrants to the fheriff, or a coroner, for fummoning the jury, to appear before the commiffioners. Sheriff to return iffues to 40 s. of every juryman not appearing. Jury fworn to confift of twelve men. Commiffioners impowered to fummon witneffes, and to examine them on oath; and may order jurors to view the premises. Jury to affefs damage: their verdict to be conclufive; if 10 days notice be given of delivering the warrant. The damages to be paid according to the priority of agreement with the parties. The commiffioners impowered to make the new channel through Mr. Formby's lands, and to fettle damages. If parties cannot agree a jury to be fummoned, whose verdict fhall be final. Expences of the jury by whom to be borne. Perfons requesting a jury, to enter into a bond to profecute their complaint, &c. Complaint of damages to be given in writing within fix calendar months after done, or party not entitled to damage. Firft meeting of commiffioners. How to proceed on failure of a fufficient number to adjourn. Commiflioners to appoint officers, and allow them falaries. Officers to give fecurity for performance of their duty. Allowance to commiffioners. The lands to be annually taxed by the commiffioners, according to the improvement they will receive from the drainage. Commiffioners to give public notice of meetings for making rates. owners and occupiers to give an account to the commiffioners of their dif ferent eltates and interefts. A copy of the estimates and affeffments to be left in the veftry of Sefton, for the infpection of the parties, who may appeal to commiffioners, and to the quarter feffions, or a jury and if to a jury, the commiffioners to iffue warrants to the fheriff or coroner, for fummoning a jury of 24 men. Sheriff to return iffues of 40 s. of every juryman not appearing. Jury fworn to confift of 12 men. Commiffioners impowered to call witneffes before them, and examine them on oath; and may order jurors to view the premises. Verdict of the jury to be final, if ten days notice be given of delivering the warrant. Colts of jury to be paid by the party complaining, if the complaint be adjudged frivolous or vexatious; but if otherwise, by the Commiffioners. Bond to be given to pay colts of jury if the complaint fhall be adjudged frivolous or vexatious. Commiffioners may fummon witneffes, and examine them on oath. Penalty for not appering. When rates are neglected to be paid, they may be levied by diftrefs. Tenants to deduct taxes out of their rents. For the better recovering payment of the taxes. How taxes may be levied on untenanted premifes. How to recover payment of the money from the collectors. Commiffioners impowered to borrow money, and to affign the rates as a VOL. XXXII. fecurity. R The fecurity. Further security to the lenders. Affignments of the rates may be transferred. The occupiers only to be taxed for repairs after the money borrowed fhall be paid and the works completed. Punishment for destroying the works. Penalty for opening flood-gates &c. Offenders, for fecond offence, to be punished as felons. Penalty of making watering places; or driving carriages or cattle on the banks. Exception relating to driving cattle. To prevent feeding cattle on the banks or droveways. The banks not to be mowed, ploughed, or dug, but by direction of commiffioners. Commiffioners impowered to plant ftar in the low lands. Penalty on occupiers of low lands who fhall neglect to open watercourses, and repair cloughs and tunnels. The tenure of lands not to be altered by any forfeiture incurred by this act. Works done by virtue of this act not to be fubject to commiffioners of fewers. In cafe the new channel be made through Mr. Formby's lands, the commiffioners fhall cause a carriage bridge to be made in his lands, and fuch other bridges as they fhall think proper. Election of new commiffioners. Perfons interested in the lands incapable of being commiflioners. No bufinefs valid unless done at meetings. Commiffioners becoming interested incapable of acting. Commiffioners to be fworn. The oath. Commiffioners not to be perfonally, or their eftates, fubject to any colts or charges by means of their acting in the execution of this act. Diftrefs not unlawful for want of form. Perlons may recover, in cafe of irregularity in diftrefs, for fpecial damage; but not after amends tendered. Books of account to be kept, Accounts to be paffed yearly, or oftener. Rules and orders to be entered in books, and figned; and may be given in evidence. No order to be reverfed, unlefs by consent of five commiffioners. Saving the rights of lords of manors. Fishing and fowling referved to owners. Juftices may adminifter oaths. Falfe evidence to be punished as perjury. Perfons aggrieved by order of justices, may appeal to the quarter feffions; whofe order fhall be final. Proceedings not to be quafhed for want of form. How juftices to proceed for conviction of offenders. Form of conviction. Limitation of actions. General iffue. Treble cofts. Publick act. An act to explain, amend, and render more effectual, an act paffed in the feventh year of his prefent Majefty's reign, intituled, An act for draining and preferving certain fen lands and low grounds, lying in the South Level part of the Great Level of the fens commonly called Bedford Level, and in the county of Cambridge, between the river Cam, otherwife Grant, Weft, and the hard lands of Bottisham, Swaffham Bulbeck, and Swaffham Prior, Eaft; and for impowering the governor, bailiffs, and commonally, of the company of confervators of the Great Level of the fens, commonly called Bedford Level, to jell certain fen lands, lying within the limits aforefaid, commonly called Invefted lands. Preamble. Recital of an act 7 Geo. 3. The boundary inconvenient, and tolls infufficient, &c. Defcription of the new boundary. What lands ihall be taxed. Tolls on the east bank of the river Grant. Penalty on evading the tolls. New tolis at the feveral fluices. On neglect of payment of tolls, collectors may feize veffels and goods, and fell the fame. Exemptions from tolls. In order to ascertain the quality and quantity of goods, watermen fhall give accounts thereof. Penalty on refufal, or giving a falfe account, which may be levied by diftrefs. On failure of diftrefs, offender to be committed. Half tolls only to be paid till certain fums fhall be laid out. Toll at Burwell New Load. Trustees impowred to reduce the tolls. Lands dug into turf pools, unable to pay the whole tax, to pay one half for leven years. Owners may appeal. Power to appeal from former affeffments. Juftices not to act where interested. Satisfaction for injury done to the rush ground. Power to relieve the proprietors of adventure lands. Frovilo. Perfons refufing to pay taxes, one month after notice, to forfeit two pence for every thilling in arrear. Taxes and forfeitures may be levied by diftrefs. Tenants to pay the taxes, and deduct i the 1 1 the fame out of their rents. Grounds to remain a security for taxes, and may be fold. When taxes fhall be in arrear for commons, the faid commons may be let, or fold to the best bidder. Publick notice to be given of fales. How money paid for adventure lands fhall be applied. Deeds fhall be registered. Lands, when fold, to be liable to taxes by this and the former act; and by act 15 Car. II. Commiffioners may borrow money, and affign the rates as a fecurity. Monies affeffed by this act, charged with payment of principal and intereft. Affignments may be transferred. Transfers to be entered in a book. When cattle are driven away, and goods removed, to prevent recovery of taxes, they may be diftrained elfewhere. Ferfons digging turf-pits improperly, to forfeit 20s for every thousand of turfs. The new banks of great use to travellers. Power to erect turnpikes thereon. The tolls. Power to erect fences to prevent evading tolls. Penalty on deftroying fences. Exemptions from tolls. Penalty on claiming exemptions unjustly. The clerk may adjourn meetings. Four publick meetings to be held in each year. In cafe of nonattendance, new commiffioners may be appointed. There being only three commiffioners for Bottisham, another fhall be appointed. For improving the commonable parts of the lands. Fen reeves may direct the management thereof. The commiffioners may determine differences. Cattle feeding contrary to agreements may be impounded, &c. Cattle fhall not stop to depasture on the grounds, &c. under the Penalty of 40s. Sedge, &c. not to be cut in certain places without leave. Fen reeves to caule drove-ways to be mended, and ditches to be scoured. Charge on a commonable right not to exceed 3s. Commiffioners may appoint fen reeves, if parishes neglect it. Commiffioners may take earth from boutes or washes, making fatisfaction to the owners. Punishment for destroying works. The last claufe not to invalidate the former act. Proceedings not to be quafhed for want of form nor removed into any court of record. Saving the rights of confervators. Limitation of actions. General iffue. Treble colls. A&t 7 Geo. III. to remain in force, except where altered. Publick act. CA P. XXXV. An act to repeal fo much of feveral acts of parliament, as prohibit the growth and produce of tobacco in Ireland; and to permit the importation of tobacco of the growth and produce of that kingdom into Great Britain, under the like duties and regulations as Tobacco of the growth of the British Colonies in America is permitted to be imported. WHEREAS it is of the greatest importance to the firength Preamble. and of these kingdoms, that every attention and encouragement fhould be given to fuch of the produce and manufacture of the kingdom of Ireland as do not materially interfere with the commercial interefts, of Great Britain: and whereas by an act, made in the twelfth year of the reign of King Charles the Second, (intituled, An act for prohibiting the planting, setting, or fowing, of Tobacco in England or Ireland,) and by divers other acts fince paffed, the culture of tobacco within the kingdom of Ireland, and the exportation of the fame from thence, is prohibited; be it therefore enacted by the King's most excellent majesty, by and with the advice and consent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and so much of by the authority of the fame, That, from and after the twenti- two acts of 12 and 15 eth day of May, one thousand feven hundred and feventy-nine, fo much of two several acts of parliament, the one made in the R 2 Car. II, or of any other acts twelfth made in this Kingdom, which prohibits the planting &c. of tobacco in Ireland, re pealed. Irish tobacco der the fecu twelfth year of the reign of King Charles the fecond, (intituled, An act for prohibiting the planting, fetting, or sowing, of tobacco in England or Ireland;) and the other made in the fifteenth year of the reign of King Charles the fecond, (intituled, An act for the encouragement of trade;) or of any other act made in this kingdom, which prohibits or reftrains the fetting, planting, or improving to grow, making, or curing tobacco, either in feed, plant, or otherwise, in the kingdom of Ireland, shall be, and the fame is and are hereby repealed and made void. II. And it is hereby further enacted by the authority aforefaid, That no tobacco the growth, product, or manufacture of to be exported Ireland, shall be exported from thence to any port or place whatto Great Bri- foever out of the faid kingdom of Ireland, except to Great Britain only; un tain; under the like fecurities, penalties, and forfeitures, as are prefcribed in an act, made in the twelfth year of the reign of King Charles the fecond, (intituled, An act for the encouraging and increasing of shipping and navigation,) with respect to tobacco, and other enumerated goods of the growth, product, or manufacture, of any of the English plantations therein mentioned. rities, &c. prefcribed in the navigation act 12 Car. II. The duty of officers of the III. And it is hereby further enacted by the authority aforefaid, That when any tobacco the growth, product, or manufaccustoms in ture of Ireland, fhall be laden on board any fhip or veffel, at any Ireland on the port or place whatsoever within the faid kingdom of Ireland, shipping of tobacco for in order to be conveyed from thence into Great Britain, the exportation. collector and comptroller, or other chief officer of the customs, at fuch port or place where fuch tobacco fhall be laden, fhall, at and upon the clearing of every fuch fhip or vessel, by the proper officers of the customs appointed for that purpofe, deliver to the mafter, commander, or other perfon taking charge of any fuch ship or veffel, a manifeft or content in writing, under his and their hands and feal of office, which hall contain a true account of all the tobacco laden on board every fuch fhip or vesfel, with the number of hogsheads, casks, chests, or other package thereof, and the quantity of the tobacco contained in each particular hog(head, cask, cheft, or other package, together with the marks and numbers fet on each and every hogfhead, cafk, cheft, or other package, with the care thereof; and alfo fhall, at and upon the clearing of every fuch fhip or veffel, as aforefaid, immediately tranfmit a duplicate of fuch manifeft or content to the refpective commiffioners of the customs in Great Britain: and any collector, comptroller, or other chief officer of the cuftoms, at any port or place in Ireland, who 'fhall neglect or refufe to deliver to the mafter, commander, or person taking charge of fuch fhip or veffel, fuch manifeft or content as is hereinbefore directed, or who fhall not tranfmit a duplicate thereof, as hereby required, to the respective commiffioners of the customs in Great Britain, fhall forfeit and lofe the fum of two hundred pounds; one moiety thereof to his Majefty, his heirs and fucceffors, and the other moiety to fuch perfon or perfons as fhall fue or profecute for the fame, in any of his Majefty's courts of record at Westminster or Dublin. Penalty on neglect there. of. IV. And manifest or IV. And be it further enacted by the authority aforefaid, Every comThat every mafter, commander, or perfon taking charge of any mander of a ship or veffel having fuch tobacco laden on board as aforefaid, veffel exportfhall, upon his arrival at his port of difcharge in Great Britain, bacco (hall, on ing Irish toand at the time he makes his report of his fhip or veffel at the his arrival at custom-house, deliver to the collector of the customs at the said a British port, port (who is hereby required and directed to deliver the fame to deliver to the the land-waiters appointed for the delivery of fuch fhip or vef- collector the fel,) the manifeft or content of the lading of his fhip or veffel, content of his which he received from the collector, comptroller, or other lading which chief officer of the customs, at the port or place in Ireland where he received at he took in his lading: and if any mafter, commander, or perfon lading in Irethe port of taking charge of such ship or vessel, shall neglect or refuse to de- land. liver fuch manifeft or content to the collector of the customs, at Penalty on the time he makes his report of his fhip or veffel at the custom- neglect therehouse at the port of his difcharge, he thall forfeit and lofe the of. fum of one hundred pounds; one moiety thereof to his Majefty, his heirs and fucceffors, and the other moiety thereof to fuch officer or officers of the customs as fhall fue and profecute for the fame, in any of his Majesty's courts of record, at Westminster, or in the court of exchequer at Edinburgh, respectively, where the offence fhall be committed. and fhall be V. And it is hereby further enacted by the authority afore- Irish tobacco faid, That fuch tobacco shall be imported into Great Britain in fhall not be cafks, chefts, or cafes, each of which fhall contain four hundred Great Britain imported into and fifty pounds weight of nett tobacco at the leaft, and not in cafks, &c. otherwife; and fhall be liable to the fame duties, and intitled to containing less the fame discounts, allowances, and drawbacks, and in all re- than 450lb. fpects fubject to the fame rules, regulations, reftrictions, fecuri- liable to the ties, penalties, and forfeitures, as tobacco the growth, product, fame duties, or manufacture of the British colonies or plantations in America, drawbacks, &c, is liable, fubject, and intitled to by law, in as full and ample as tobacco the manner, as if the faid duties, discounts, allowances, and draw- growth of the backs, rules, regulations, reftrictions, fecurities, penalties, and nies in Ameforfeitures, and the feveral clauses relative thereto, had been rica. particularly repeated and enacted in this prefent act. CA P. XXXVI. An act for erecting a market-house, and regulating the markets, with CA P. XXXVII. An act for granting a bounty upon the importation into this kingdom W British colo HEREAS the encouragement of the cultivation of hemp in Preamble. the kingdom of Ireland, and the importation thereof from thence, will be a means of furnishing this kingdom with fail-cloth and R 3 cordage } |