Trustees may leafe the rates after the end of five years. Publick notice mouth of the cut or canal in King's Mead, fhall be out of repair. XXXIX. And be it further enacted by the authority aforefaid, That from and after the term of five years from and after the paffing of this act, the said trustees, or any seven or more of them, thall have full power and authority, by writing under their hands and feals, to let or demife the rates and duties authorised to be collected upon the faid river, cuts, or canals, for any term not exceeding two years at any one time, for the highest rent they can get for the fame, by publick bidding or otherwife, the fame to be payable at fuch times, and under fuch covenants, as the faid trustees, or any seven or more of them, fhall think fit, (the said trustees taking proper fecurity from the person or perfons to whom the faid tolls fhall be leafed or demifed, for payment of the rent or rents, and performance. of the covenants); which rent and rents fhall be paid to the faid trustees, or any feven or more of them, or to fuch person or persons as they fhall appoint to receive the fame, and fhall be applied and difpofed of in the fame manner as the faid rates and duties are by the faid recited act of the seventh year of the reign of his prefent Majefty, and this act, directed to be applied and difpofed of. XL. Provided always, That one calendar month's previous thereof to be notice, at the least, be given in fome of the publick newspapers given. circulated in the faid counties of Hertford, Effex, Middlefex, and the city of London, of the intention of the faid trustees to leafe or demife the faid rates and duties. liam Wake all goods paff ing through the lock near King's Weir, If the trustees XLI. Provided also, That in case the said trustees shall at any leafe the tolls, time let the faid rates and duties, they fhall, and are hereby they shall em- required, during fuch time as the rates and duties shall continue ploy a perfon, to be approved to be let as aforefaid, to keep conftantly employed, at their of by fir Wil- own cofts and charges, fome proper perfon, to be approved of by the faid fir William Wake baronet, and Peter Floyer efquire, and Mr. their respective heirs and afligns, and fuch perfon is hereby Floyer, to take an account of required to take and keep an exact and faithful account in the tonnage of writing of the tonnage of all goods, wares, and merchandizes, which thall pafs, from time to time, through the faid lock, in the cut near to King's Weir aforefaid; and the said fir William Wake baronet, and Peter Floyer efquire, their refpective heirs and affigns, fhall have free liberty, from time to time, to infpect fuch accounts, and to take copies or tracts thereof; and it shall and may be lawful for the said fir William Wake baronet, and Peter Floyer efquire, and their respective heirs and affigns, within twenty days before the expiration of every year, to compare the fame with the account kept by the leffee of the faid tolls arising at King's Weir; and in cafe fuch leffee fhall refufe to produce his account to the said fir William Wake baronet, and Peter Floyer efquire, and their respective heirs and affigns, for the space of ten days after notice given for that purpose, that then and in that cafe his leafe fhall, at the expiration of the year, ceafe and determine. ex XLII. Pro 1 XLII. Provided always, and be it enacted and declared by The trustees the authority aforefaid, That the trustees appointed or elected, under the or who shall hereafter be appointed or elected, by or in purfu- have full ance of the-faid act of the feventh year of the reign of his pre- power to carry fent Majesty, and all, every, or any of them, hall have full this act into power and authority to act in the execution of this prefent act execution. of parliament in all refpects, and to all intents and purposes, as fully and effectually as if the feveral provisions contained in this act were inferted in the body of the faid recited act. covered and XLIII. And be it further enacted, That the several penalties Penalties and and forfeitures by this act impofed, thall be levied and recovered forfeitures in the fame manner as any penalties or forfeitures are, by the how to be refaid recited act of the feventh year of the reign of his prefent Majesty, directed to be levied and recovered, and shall be applied for the purpofes of the faid recited acts, and this act. applied. fions. XLIV. Provided always, and be it further enacted, That all Perfons agperfons who shall think themselves aggrieved by the order or grieved may judgement of any juftice or juftices of the peace, upon account appeal to the of any offence committed, or fuppofed to be committed, against quarter fef this act, may appeal to the justices of the peace for either of the faid counties where the offence was committed, or fupposed to be committed, at any general quarter feffions of the peace to be held within the space of fix calendar months after fuch cause of appeal shall happen, the perfon or perfons fo appealing first giving fecurity, to the fatisfaction of the faid juftice or justices, to profecute fuch appeal with effect, and to pay the cofts which fhall be ascertained by the faid general quarter feffions, in cafe fuch order or judgement thall be affirmed; and the juftices at fuch general or quarter feffions are hereby authorised and required to hear and determine fuch appeal, and to make such orders therein, and to award cofts, as to them fhall appear just; which orders fhall be final and conclusive to all parties, and fhall not be removed or removeable, by any writ of certiorari or otherwife, into any of his Majefty's courts of record at Westminfler, or elsewhere; and that no order or proceeding to be had by or before any juftice of juftices of the peace, relating to the execution of this act, thall be quafhed or vacated for want of form only. actions. XLV. And be it further enacted, That if any action, fuit, Limitation of or information, shall be brought or commenced against any person or persons, for any thing done in pursuance of this act, every such action, fuit, or information, fhall be commenced, within fix calendar months next after the fact committed, and not afterwards, and shall be laid or brought in the counties of Hertford, Effex, or Middlesex, and not elsewhere; and the perfon or perfons fo fued or profecuted, may plead the general General iffue. iffue, and give this act, and the fpecial matter, in evidence at any trial to be had thereupon, and that the fame was done in pursuance and by the authority of this act and if it thall appear to have been fo done, or if any action, fuit, or information, shall be brought after the time before limited for bringing Y 4 the the fame, or shall be brought in any other county or place than as aforefaid, that then the jury fhall find for the defendant or defendants; or if the plaintiff or plaintiffs fhall become nonfuited, or fuffer a difcontinuance of his, her, or their action, fuit, or information, after the defendant or defendants fhall have appeared, or if in any fuch action, fuit, or information, judgement thall be given against the plantiff or plantiffs, the Treble costs. defendant or defendants (hall have treble cofts, and shall have fuch remedy for the fame, as any defendant or defendants hath or have for cofts of fuit in other cafes by law. Expences of this act how to be paid. XLVI. And be it further enacted by the authority aforefaid, That all the cofts, charges, and expences incident to and attending the obtaining and paffing this act, fhall be paid out of the first monies which thall be collected or received by virtue of the faid former acts or this prefent act. XLVII. And be it further enacted, That this act shall be adjudged, deemed, and taken to be a publick act; and all judges, juftices, and other perfons whomsoever, are hereby required to take notice thereof as fuch, without specially pleading the fame. CA P. LIX. An act for repealing the duties on all inhabited houses, imposed by an act made in the last feffion of parliament, and for granting to his Majefly other duties upon all inhabited houfes in Great Britain, and for amending the faid act; and alfo for amending so much of an act, made in the feventeenth year of the reign of his prefent Majefty, as impofes a duty upon all fervants retained or employed in the feveral capacities therein mentioned. W HEREAS, by an act, made in the last feffion of parliament, intituled, An act for granting to his Majefty certain duties upon all inhabited houfes within the kingdom of Great Britain, certain yearly rates and duties were granted upon all inbabited houfes within the kingdom of Great Britain, to be paid by the occupiers thereof; (that is to say), a duty of fixpence in the pound on all dwelling-houses, with the household offices therewith occupied, worth the yearly rent of five pounds, and under the yearly rent of fifty pounds, and of one filling in the pound on all dwellinghouses, with the household offices therewith otcupied, worth the yearly rent of fifty pounds and upwards; to be estimated and afcertained in manner therein expreffed: and whereas the faid rates and duties do not bear a proper proportion to each other, and the payment thereof bath been greatly evaded; we, your Majefty's most dutiful and loya! fubjects, the commons of Great Britain, in parliament affembled, do therefore think that it will be for the advantage of the publick to repeal the prefent rates and duties on inhabited houses, and to grant unto your Majesty the feveral new rates and duties on inhabited houses herein-after mentioned, to be applied to the uses and purposes which the faid rates and duties, granted by the abovementioned act, made in the last feffion of parliament, are now applicable unto; and do most humbly beseech your Majesty that it may be enacted; and be it enacted by the kings moft excellent Majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That, from and after the fifth day July, one After July 5, thousand seven hundred and feventy-nine, the rates and duties 1779, the du. ties granted granted by the act, made in the last feffion of parliament, by the recited intituled, An aa for granting to his Majefly certain duties upon all act to ceafe. inhabited houses within the kingdom of Great Britain, fhall ceafe, determine, and be no longer paid or payable, except only fuch monies as shall have become due in respect of the faid rates and duties, affeffed at any time on or before the faid fifth day of July, one thoufand feven hundred and feventy-nine, and which thall be in arrear and unpaid. licet, 5 II. And be it further enacted by the authority aforefaid, That New duties to from and after the faid fifth day of July, one thoufand feven be paid; vide. hundred and seventy-nine, there fhall be charged, raised, levied and paid, unto his Majefty, his heirs and fucceffors, the feveral and respective rates and duties upon all inhabited houses, with their appurtenances, herein-after mentioned, by the occupiers thereof respectively; (that is to fay), upon and for every dwell- for all inhabi ing-house inhabited, together with the offices, courts, yards, ted dwellingand gardens, as herein-after expreffed, therewith occupied, from 1 to houses, &c. which now are, or hereafter fhall be, erected within the king- 201. a year, dom of Great Britain, and which are, or for the time being 6 d. in the shall be, worth the yearly rent of five pounds and upwards, and pound; under the yearly rent of twenty pounds the yearly fum of fixpence in the pound; and upon and for every dwelling- from 20l. to house inhabited, together with the offices, courts, yards and 40. 9d. in the gardens, as herein-after expreffed, therewith occupied, which pound; now are, or hereafter fhall be, erected within the kingdom of Great Britain, and which are, or for the time being thall be, worth the yearly rent of twenty pounds and upwards, and under the yearly rent of forty pounds, the yearly fum of nine- and for all at pence in the pound; and upon and for every dwelling houfe 404. a year, inhabited, together with the offices, courts, yards, and gardens, 15, in the and upwards, as herein-after expreffed, therewith occupied, which now are, pound. or hereafter (hall be, erected within the kingdom of Great Britain, and which are, or for the time being fhall he, worth the yearly rent of forty pounds and upwards the yearly sum of one thilling in the pound, to be estimated and afcertained in the manner in the faid act and this present act expressed. rates were III. And be it further enacted and declared by the authority Where the aforefaid, That, in all parishes and places where the affeffments affeffments were made for three quarters of a year, from the fifth day of for the former July, one thousand seven hundred and feventy-eight, to the made for three to the fifth day of April, one thousand feven hundred and quarters of a feventy-nine, at the rates prefcribéd by the former act, a further year, a further affeffment fhall be made at the fame rates for one quarter, from affeffment of one quarter the faid fifth day of April, one thousand feven hundred and shall be made, feventy 1779. any up to July 5, seventy-nine, to the fifth day of July following; and that if void. Affefiments up to April 6, affeffment so far as the fame relates to the raising such rate and duty, in respect of fuch quarter, half year, or other term, after the fifth day of July, thall be null and void. IV. Provided always, and be it further enacted by the authofor new duties rity aforelaid, That affeffments fhall be made out for raifing the to be made out duties by this prefent act impofed, from the fifth day of July, for three quar one thousand seven hundred and seventy-nine, to the fixth day ters of a year, of April, one thousand seven hundred and eighty; which affeffments shall be certified by the affeffors, and returned by them to the faid commiffioners, on or before the tenth day of September, one thousand seven hundred and seventy-nine; and that the furveyors fhall and may, on or before the fixteenth day of November following, certify their furcharges for raising the faid duties for the faid three quarters, to the faid commiffioners; and that all appeals, in respect to the said three quarters affeffments, fhall and may be heard and determined between the tenth day of December, one thousand seven hundred and feventyand after that nine, and fourth day of January, one thousand seven hundred and eighty; and that from and after the fifth day of April, one thousand seven hundred and eighty, the faid duties fhall be asfeffed annually for one whole year, to commence from the fifth day of April in each year; and that in all future years the affeffments fhall be made out and certified, and the furcharges certified, and the appeals heard, at the fame times as the affeffments, furcharges, and appeals, are made, certified, and heard, on the duties on houses and windows. time to be made out an- Coach-houses, &c. and gar dens not ex- valued toge ther with the If the Com miffioners in neglect to ap- veyors may V. And be it further enacted and declared, That every coach-houfe, ftable, brewhoufe, wath- houfe, laundry, woodhoufe, bakehoufe, dairy, and other offices, and all yards, courts, and curtilages, and gardens, not exceeding one acre, belonging to, and occupied with, any dwelling-houfe, chargeable to the rates and duties impofed by this act, fhall be valued together with fuch dwelling-houfe, and be liable to, and charged and affeffed with, the rates and duties impofed by this act. VI. And, for the more effectual levying and collecting the duty imposed by this act, in that part of Great Britain called England and Wales, be it enacted and declared, That in cafe at any time the commiffioners for putting in execution this present act, fhall neglect to appoint affeffors, or in cafe the affeffors by them appointed fhall neglect to perform what is required of them, by the faid act of the laft feffion of parliament, and this present act; that then, and in fuch cafe, it fhall and may be lawful to and for the furveyor or furveyors, appointed or to be appointed in that |