who shall account for all monies received, &c. Commissioners to take cognizance of debts for rent under 40 s. No perfon to recover rent as aforelaid, unless he has been in polfeffion of the premises, &c. otherwife, to the faid commiffioners, or any feven or more of them, in any fum not lefs that two thousand pounds, for the accounting and due payment, by fuch treasurer or treasurers, of all monies which hall come to his or their hands, and for the delivery of all books, papers, and writings, to any fucceeding treasurer or treasurers; and the said commiffioners, or any fifteen or more of them, affembled at any fuch general meeting, may discharge or remove fuch treasurer or treasurers from his or their faid office: and every such treasurer or treasurers shall account annually, or oftener, if thereunto required by the faid commiffioners, or any feven or more of them, at any fuch general meeting, for all monies by him or them received and paid, as fuch treasurer or treasurers as aforefaid, on fourteen days previous notice to be given or left at his or their houfe or houses, or moft ufual place or places of abode, for that purpose: and the faid treasurer or treafurers, or his or their executors or administrators, fhall well and truly pay all fuch monies, as fhall appear to be remaining in his or their hands, on auditing or fettling fuch accounts, and shall deliver over all books, papers, and writings, in his or their poffeffion, cuftody, or power, belonging to the faid commiffioners, or to the faid office of treasurer, to any fucceeding treasurer or treasurers, when thereunto required by the faid commiffioners, or any seven or more of them, at any fuch general meeting as aforefaid. XX. And whereas there are great numbers of manufacturers and day-labouring people residing in the Tower Hamlets, who with their families occupy tenements, or parts of tenements, let by parol demife, and the expences of recovering of fuch rents by action at law, most commonly exceed the amount of the rent fued for, to the great injury of the landlords of fuch tenements, and the oppreffion of fuch occupiers; for remedy whereof, be it enacted by the authority aforefaid, That it fhall and may be lawful to and for the faid commiffioners to take cognizance of any debt or demand, under the value of forty fhillings, for rent of any tenement, or part of a tenement, within the Tower Hamlets aforefaid, let by parol demife, (except the precinct of the Tower within ;) and alfo for the said commiffioners to hear and determine on fuch debts and demands, and to award execution, in the fame manner as they are authorized to do for any other cause of action, any thing in the faid former act contained to the contrary notwithstanding. XXI. Provided always nevertheless, That the faid commiffioners fhall not take cognizance of any fuch demand or claim for rent, unless the perfon or perfons making fuch demand or claim, or the perfon or perfons in whofe right fuch demand or claim fhall be made, or under whom he or they fhall claim, hath or have been in the actual poffeffion of the faid tenements, or in the actual receipt of rent for the faid tetime for which nements, during twelve months immediately preceding the time for which fuch rent fhall be fo demanded; and provided alfo that no recovery of rent in the faid court be accepted or given in evidence in fupport of the title of any perfon or perfons 12 months preceding the fuch rent is demanded. whatsoever, whatsoever, to any lands, tenements, or hereditaments whatfoever. XXII. Provided alfo, That nothing herein contained shall This act not extend, or be conftrued to extend, to prevent any perfon or to prevent any perfons from making diftrefs for or bringing any action or acti- perion from diftraining for ons for rent, although the fame fhall not amount to the fum of forty fhillings. rent. court may XXIII. And be it further enacted by the authority aforesaid, If defendant That, from and after the paffing of this act, in all cafes what- neglects to foever, whenever any debtor or defendant, refiding within the appear to the jurisdiction of the faid court, fhall have been duly fummoned fummons, the to appear before the commiffioners in the said court, ac- pronounce cording to the usual and accustomed manner of fummoning judgement in persons for that purpose, and fuch debtor or defendant fhall re- his ablence; fuse or neglect to appear to fuch fummons, it fhall and may be lawful for the faid commiffioners, or any three or more of them, when affembled in the faid court, upon due proof being made before them that fuch debtor or defendant was duly fummoned in manner as aforesaid, to proceed to hear the cause or matter of complaint, touching or concerning fuch debt or debts, on the part of the plantiff or plantiffs only, and to make or pronounce thereon fuch order or orders, or judgement or judgements, in refpect of the debt or debts demanded or fued for, as to them shall feem just and equitable: and the faid commif- and fhall apfioners, or any three or more of them, fhall then fix upon and point a certain appoint fome certain time and place, according to their difcre- time for him tion, for every fuch debtor or defendant to fhew caufe before the to fhew caufe commiffioners of the faid court, or any three or more of them, judgement, against such against such order or orders, or judgement or judgements, fo &c. made and pronounced upon fuch hearing as aforefaid; at which time and place, or at any other fubfequent court or courts, the faid commiffioners, or any three or more of them, fhall have full power and authority by this act (whether fuch person or persons shall appear or fhew cause, or not) upon proof, on the oath of one of the beadles of the said court, (that fuch order or orders, or judgement or judgements, or a copy thereof, had been delivered to fuch debtor or debtors, or left at his, her, or their usual place of refidence, or abode, or working), to award execution thereupon, in like manner as by the faid former act they are authorized to do in other cafes and the clerks and beadles of the faid court are, in every fuch cafe, hereby authorized to take and receive the like fees, for the call of the defendant, and making, and serving or leaving of every such order as aforefaid, as they are authorized and impowered to take and receive for or upon any attachment, issued by virtue of or under this or the faid former act. XXIV. And be it further enacted by authority aforefaid, Attornies not That no privilege fhall be allowed to exempt any perfon from exempt from the jurifdiction of the faid court of requests on account of his tion of the the jurifdicbeing an attorney or folicitor of any of the courts at Ieftminster, court. or of any other court whatsoever, but that all attornies and folicitors Directions for licitors shall be subject to the several proceffes, orders, judge ments, and executions of the faid court of requests, in the fain manner as any other perfons are subject to the fame by this or the faid former act. XXV. And be it further enacted by the authority aforesaid, holding gene- That no general meeting fhall be held as aforefaid for any of ral meetings. the purpoles in this or the faid former act, without the order, of three or more of the commiffioners, made upon one of the court-days in the faid former act mentioned, whilst they shall be in court; which faid order fhall be in writing, and shall specify the particular time and place, and also the purpose of fuch general meeting, and fhall be registered by the clerks then prefent in court, or one of them, and notice thereof in writing, or in print, fhall be delivered to, or left at the usual place of abode of, all the faid commiffioners refpectively, by the beadles of the said court, or by any other perfon or perfons the commiffioners requiring fuch general meeting fhall direct, four days at least before the holding of each and every such general meeting respectively. No victualler XXVI. And be it further enacted, That no victualler, or &c. capable perfon or perfons whofoever, who fhall fell ale, beer, or of acting as a commiffioner. fpirituous liquors by retail, fhall be capable of acting as a commiffioner in the execution of this or the faid former act. Expences of this act how to be paid. This act not to extend to the precinct of the Tower within, &c. actions. XXVII. And be it further enacted, That all the charges and expences of procuring and paffing of this prefent act fhall be paid fatisfied and discharged, out of the first monies which fhall be raised as aforefaid, by virtue or in purfuance of this act. XXVIII. Provided always, That nothing herein contained fhall extend, or be conftrued to extend, to the precinct of the Tower within; nor to reftrain the ancient court of record held for and within the liberty of the tower of London, from holding plea of any perfonal action which fhall arife within the said liberty, or to take away, alter, or abridge, any jurifdiction, authority, privilege, immunity, or exemption, which the chief governor of the tower, or his deputy or deputies, or any officer or minifter or any inhabitants within the faid liberty, enjoys, or enjoy, or ought to enjoy, by virtue of any law, ufage, prefcription, grant, charter, commiffion, or otherwife, any thing herein or in the faid recited act contained to the contrary notwithstanding. Limitations of XXIX. And be it further enacted by the authority aforefaid, That no action or fuit shall be commenced against any person or perfons for any thing done in pursuance of this act, or on account of any order, determination, judgement, or decree of the faid commiffioners, until twenty days notice fhall be given thereof in writing, to be left at the office of the clerks of the faid court, or after fufficient fatisfaction or tender thereof hath been made to the party or parties aggrieved, or after three calendar months next after the cause of action fhall arise; and the defendant or deGeneral iffue. fendantsin fuch actions and fuits, and every of them, may plead the general iffue, and give this act and the special matter in evi dence dence at any trial or trials which shall be had thereupon: and if the plaintiff shall become nonfuited, or if a verdict or judgement fhall be given for the defendant or defendants therein, then, and in either of the faid cafes, fuch defendant or defendants shall have double cofts, and fhall have fuch remedy for reco- Double cofts. vering the fame, as any defendant or defendants may have for his, her, or their cofts in any cafes by law. XXX. And be it enacted by the authority aforefaid, That Public act. this act thall be deemed and taken to be a publick act; and shall be taken notice of as fuch, by all judges, juftices, and other persons whomsoever, without specially pleading the fame. CA P. LXIX. An act for the more effectually preventing the pernicious practices of Smuggling in this kingdom; and for indemnifying perfons who have been guilty of offences against the laws of the customs and excife, upon the terms therein mentioned. HEREAS, in defiance of the feveral laws of cuftoms and Preamble. excife already made, and of the penalties and provifions from time to time enacted for the punishment of offenders against fuch laws; and notwithstanding the grace and clemency lately offered to perfons who had been guilty of smuggling offences, great quantities of probibited and uncustomed goods, and particularly of tea, foreign brandy, and other foreign fpirits, continue to be illegally imported into and landed in this kingdom; and fuch goods are run, carried, and conveyed, from the fea coafts through the country, as well by fecret frauds and clandeftine practices as by open force, and by gangs of daring and diffolute perfons, armed with offenfive weapons, and offociated and affembled to carry into execution their evil and pernicious purposes, in fubverfion of all civil authority and power whatsoever: and whereas it is become highly neceffary, for the prefervatian of the publick revenue, the protection of the fair trader, and the quiet and good order of the kingdom, that fome further provifions should be made for the better preventing fuch illegal practices, and for deterring all perfons from committing fuch offences, or from being aiding and affifting therein; be it enacted by the King's most excellent majesty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this present parliament affembled, and by the authority of the fame, That, from and 1779, if after the first of day Augufi, one thousand feven hundred and foreign spiri feventy-nine, where any foreign brandy or other foreign fpiri- tuous liquors tuous liquors shall be imported or brought into Great Britain fhall be imor into any port, harbour haven, or creek thereof, from ported, from any part of Europe, in any veffel or cafk which thall not Europe, in a contain fixty gallons at the leaft, (excepting only for the ufe of veffe! containthe feamen then belonging to and on board the fhip or veffel in ing less than which the fame fhall be imported, not exceeding two gallons the fame fhall 60 gallons, for each seaman), then not only the faid brandy, and other be forfeited, foreign fpirituous liquors, but also the ship or veffel in which with the ship, the fame fhall be fo imported, of whatever burthen the fame guns &c. Cc3 After Aug. 1, any any part of may (Exception.) After Aug. 1, 3779, when board any ship may be, with all her guns, furniture, ammunition, tackle, and apparel, fhall be forfeited and loft. II. And it is hereby further enacted by the authority aforefaid, That, from and after the faid firft day of August, one thoufand any tea, cof- feven hundred and feventy-nine, when any tea, coffee, foreign fee, or other goods, are brandy, or other foreign fpirituous liquors, or any goods whatfiole to for- foever, are liable to forfeiture for being found on board any feiture for be- fhips or veffels coming or arriving from foreign parts, at anchor, ing found on or hovering within the limits of any of the ports of this kingcoming from dom, or within two leagues of the coafts thereof, or for having foreign parts, been discovered to have been within the limits of any port conat anchor, &c. trary to any act of parliament now in force, the fhip or veffel, or hovering on if coming or arriving from any part of Europe, on board which the crafts, the fuch goods fhall be fo found, together with all her guns, furnot above 200 niture, ammunition, tackle, and apparel, fhall be forfeited, tons, fhall be provided fuch fhip or veffel doth not exceed the burthen of forfeited, with two hundrded tons. said ship, if her guns, &c. Recital of an act 8 Geo. I. III. And whercas by an act, made in the eighth year of the reign of his late majesty King George the first, it was, amongst other things, enacted, "That if any boat, wherry, pinnace, barge, or galley, rowing, or made or built to row, with more than four oars, should be found upon the water, or in any place within the counties of Middlefex, Surrey, Kent, or Effex, or in the river Thames, either above or below London Bridge, or within the limits of the ports of London, Sandwich, or Ipfwich, fuch boat, wherry, pinnace, barge, or galley, with all her tackle and furniture, or the value thereof, fhould be forfeited, and the owner or owners thereof, or any perfon using or rowing the fame, fhould also forfeit and loofe the fum of forty pounds; in which act it was provided, that the said act Should not extend to any barge or galley belonging to his Majesty, or any of the royal family, or to any long-boat, yaul, or pinnace, belonging to or used in the fervice of any merchant ship or vesel, or to any fuch boat, wherry, pinnace, barge, or galley, as should be licenfed by the lord high admiral, or commiffioners for executing the office of lord high admiral, or the major part of them for the time being, upon fufficient fecurity to be given to his Majefty, his heirs and fucceffors, by the owner or owners of fuch boat, wherry, pinnace, barge, or galley, as in the faid act is directed, with condition that the Jame fhould not be made ufe of in the clandeftine running of uncuftomed and prohibited goods: and whereas it may be a means to prevent and difcourage the pernicious practice of fmuggling, if the like penalties, forfeitures, and reftrictions, were extended to fuch boats and other veffels as are made or built to row, or are found rowing with more than fix oars, within any other part of this kingdom; be it therefore enacted by the authority aforefaid, That, from and after the faid first day of August, one thousand feven hundred and feventy-nine, the faid in part recited act, and the feveral claufes, penalties, forfeitures, and restrictions, therein contained, (not altered by than four oars, this act), fo far as the fame relate to boats, wherries, pinnaces, barges, or gallies, rowing, or made or built to row, with more Countesthere- than four oars, within the counties and places in the faid act The faid act, fo far as it relates to boats, birges, &c. built to row with more. within the in mentioned, ་ mentioned, |