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Tract

any goods to be taken by their achators, otherwise that

it should be lawful to make resistance to such achators. $7.

VII. There does not appear to have been any such Profits of the branch of revenue in Ireland, as the profits arising from king's forests.

the king's forests, as there is no trace of any Irish statute respecting forests in Ireland, or imposing fines or amerci

aments for offences against the forest laws similar to those ÉSir J. Davies' in England. Sir John Davies has observed* that in all the

records of Ireland he seldom found any mention made of . a forest, and never of a park or free warren. . . . 68. VIII. The profits arising from the king's ordinary courts Profits of the of justice form a part of the revenue in both countries; courts of justice. no Irish statute has however protected this revenue from 1 Am.st. 1. c.7. s. 4. Eng. alienation by the crown in like manner as the 1 Ann. st. 1.

c. 7. Eng. which provides, (s. 7.) that the fines for writs of covenant and writs of entry payable in the alienation office, and post fines, should amongst other small branches of the king's revenue be unalienable, for any longer term than the life of such king or queen as should make any grant thereof respectively. It may be here observed that

the monies arising from forfeited recognizances in Ireland,

50. are directed by the 38 Geo. 3. c. 50. s. 32. Ir. to be paid s. 32. Ir.

to the treasurers of the several counties, and to be applied by them in aid of the presentments in the respective ba

ronies, &c. in which they shall be levied. 9. IX. The king's right to whales and great sturgeons King's right to taken in the sea or elsewhere within the realm, except in royal fish.

9. st.1. places privileged by the king, is declared by the 17 Edw. c. 11. E. &. I. 2. st. 1. c. 11. E. & I. and is therefore a branch of the

casual revenue in both countries. 610. X. The statute de prerogativa regis, 17 Ed. 2.st. 1.c.11. King's right to E. & I. also declares, that the king shall have wreck of the sea wrecks.

m, throughout the realm : the statute 3 Edw. 1. c. 4. E. & I. c. 11. E. II. had previously declared and provided that where a man, 3 Edw 1. c. 4. E. & I. * a dog, or a cat escaped alive, the ship or vessel should

not be adjudged wreck, but that the goods should be saved and kept by the view of the sheriff, coroner, or king's bailiff, and delivered into the hands of such as were of the town where they should be found, to the end that if any person should within a year and a day sue for those

goods,

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goods, and prove that they were his, or his lord's, or perished in his keeping, they should be restored to him without delay, or otherwise remain to the king, and be seized by the sheriff, &c. and delivered to those of the town, who should afterwards answer for the same before the justices. And the 4 Edw. I. st. 2. E. & I. de officio 4 Edw. 1.st. . coronatoris also provided, that wheresoever any wreck of the sea should be found, any person who should lay hands on it should be attached by sufficient pledges, and the price of the wreck be valued and delivered to the town. The several provisions and humane regulations which have been made by the salvage acts in England and Ireland, for the prevention of wrecks and for the preservation of the property in them, will be found in other parts of this work to which they seem more properly to belong.

XI. With respect to the king's right to mines, as con- $11. nected with bis prerogative of coinage. The 5 W. & M.c.6. King's right to

mines. Eng. (which explains and amends the 1 W. & M. st. 1.c. 30. Eng.) declares and enacts that the owners or proprietors of c. 30. Eng.

5 W & M. c. 6. any mine in England, &c. in which there is copper, tin, Eng. iron, or lead, may continue to hold and work the same, notwithstanding that such mine or ore shall be pretended or claimed to be a royal mine. But by s. 2. & 3. the king 62 & 3. may have the ore of any such mine first paying for the same, within 30 days after the ore shall be raised and laid upon the bank, and before the same shall be removed, the following rates, viz. for all ore washed made clean and merchantable, wherein there is copper, £16. per ton; so wherein there is tin, 40s. per ton ; and where there is iron, 40s. per ton; and so also for lead ore at the rate of 29. per ton; otherwise such proprietors may dispose of such ores to their own uses ; but this act contains a saving, by s. 4. for the tinners of Devon and Cornwall, The 4 st. Ann. c. 12. Ir, contains similar provisions. The observa- 4 Ann. c. 12.Ir. tion is equally applicable to Ireland as to England, that these royalties of mines, wrecks, and royal fish, as well as waifs, estrays, deodands, and forfeitures, have been for the most part granted away by patents and charters from the crown,

XII, The

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$ 12. XII. The statute de prerogativa regis, 17 Edw. 2. st. 1.c.9. Custody of idiol, E. &. I. declares that the king shall have the custody of the and lunatics.

ho l ands of natural fools, taking the profits of them without 6. 9. E. & I. waste or destruction, and shall find them their necessaries,

of whose fee soerer tlie lands be holden; and after the death of such idiots, he shall render it to the right heirs, so that such idiots shall not alien, nor their heirs bo

disinherited: and as to locatics by another branch of this C. 10. statute (c. 10.) when any that has had his wit and me.

mory shall be non-compos mentis, the king shall provide that his lands and tenéments shall be safely kept without waste, &c. and that he and his household shall live and be maintained competently with the profits of the same, and the residue be kept to his use to be delivered unto him when he shall come to his right mind, so that the same be not aliened, and the king shall take nothing to his own use; and this act provides that when any party shall die in such estate, the residue shall be distributed for his soul, by the advice of the ordinary; but this su

perstitious provision seems to be done away by the staT4 Geo. 3. c. 49. tute of distributions. The 14 Geo. 3. c. 49. Eng. proEng.

hibits any person from harbouring or confining more than Private mail one lunatic at a time in any house or place kept for the houses.

reception of lunatics, upon pain of forfeiting £500. CXcept such lunatics as shall be committed by the chancellor, or unless licensed by the commissioners appointed by the college of physicians in London, or (in places' not within 7 miles of the city of London or not within the

county of Middlesex) by the justices at some quarter ses: $. 21.

sions of the peace: And by s. 21. any keeper of any such licenced house or place who shall admit any person as a lunatic, without having an order in writing under the hand and seal of some physician, surgeon, or apothecary, triat such person is proper to be received into such house, &c. shall forfeit £100.; and the same forfeiture is incurred by not giving notice of every lunatic so received, within 3 days in London, &c. and within 14 days in places not within 7 miles of London or Westminster, or within the county of Middlesex, after any lunatic shall be received or admitted. This act has not been followed by any similar act in Ireland, but though no Irish statute

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contains provisions for the regulation of private madhouses corresponding to this English act, the 27 Geo. 3. 27 Geo.3. c.39. c. 39. s. 8. Ir. empowers the grand juries of the several counties, counties of cities and towns in Ireland, to pre- Public medsent such sums of money as shall appear to them to be necessary, for providing and supporting wards for the reception and support of such insane persons and idiots, as shall be from time to time recommended by 2.or more magistrates of such county, which magistrates shall certify that the persons so recommended are idiots or insane, and destitute of any means of support. The 48 Geo. 3. 48 Gen. 3. c.96.

E. & W. c. 96. E. & .W also provides for the erection of lunatic asylums in such counties in England or Wales, where the same shall be deemed necessary, by the justices at the general quarter sessions, the expenses of which shall be defrayed by the respective counties where the same shall be built; and this act authorizes the justices, upon the application of the overseers of the poor of any parish within such county, to issue their warrant for the conveyance of any lunatic, insane person, or dangerous idiot, who may be chargeable to the parish, to such asylum.

XII. Having thus taken a view of the several branche's 13. of the ordinary revenue in England and Ireland, I pro Land tas. ceed to a brief comparison of the statutes which respect the extraordinary revenue, arising from the taxes or duties, in each country. The land tar in England, which was an annual tax, has been made perpetual by the 38 Geo. 3. c. 60. Eng. subject however to redemption and purchase in the manner therein mentioned. And by the 43 Geo. 3. c. 102. G. B. special commissioners are appointed for carrying into execution such of the powers and provisions of the 38 Geo. 3. c. 5. Eng. which is inutled “ An act for granting an aid to his majesty, by a land tax to be raised in Great Britain for tlie service of the year 1798" as are continued for ever by the 38 Geo. 3.c. 60. But in Ireland through subsidies or'assessinents upon lands, as well as personal estates, hare been resorted to for supplying the exigencies of government, at sereral periods of the Irish history, no land tax has erer been imposed by authority of any act of parliament.

XIV. The

§ 14. XIV. The annual malt tax was first imposed by the 8 & 9 lat. W. 3.c. 22. Eng. and by the 12 Ann. st. 1. c. 2. Eng. was

placed under the management of the commissioners of
the excise. The i Geo. 3. c. 3. Eng. is intitled, “An
act for continuing and granting to his majesty certain du-,
ties upon malt, mum, cider, and perry for the service of the
year 1761," and this duty which was granted and conti-
nued by this and subsequent statutes is continued by the
48 Gev. 3.c. 2. s. 1. G. B. from the 23d day of June, 1808
to the 24th day of June, 1809. An additional perpetual
excisé of 3d. a bushel on malt made in England, and of 1.d.
on malt made in Scotland, was laid on by the 33 Geo. 2.
c. 7. Eng. and a further duty of £15. per cent. upon the
produce of the duty so payable by this act, was added
by the 19 Geo. 3. c. 25. Eng. The malt duty was first
made a part of the inland excise of Ireland by the 25
Geo. 3. c. 3. Ir, the last statutes defining its amount and
regulating the mode of its collection are the 48 Geo. 3.

c. 78. & c. 79 I. $ 15. • XV. The customs, or duties upon merchandize exThe Customs. ported or imported, are a part of the ancient and hereditary

revenues in England and Ireland. The duties upon wool, sheep-skins or woolfells, and leather, which were payable in England, so far back as the reign of Edward I. as appears from the statute 25 Edw. 1. c. 7. have been levied

in Ireland also from a remote period. Sir John Davies, * Sir J. Davies) who wrote in the reign of James I. states, * that he Tracts, page 31 had inspected the pipe rolls of Ireland for 250 years, that

the customs did not at any time exceed £1000. per annum, but that the greatest profit did arise by the cocquet of hides; wool and woolfells being of little value in this kingdom. The exportation of wool was first prohibited in England by the 11 Edw. 3. c. 1. ; but the 28 Geo. 3. c. 38. Eng, which consolidates the laws for preventing the exportation of live sheep, wool, &c, has been modified with respect to Ireland by the 48 Geo. 3. c. 44. The export of wool from Ireland was first prohibited by the 13 Hen. 8. c. 2. Ir, but this probibition was done away by the subsequent statutes imposing a duty upon its export. The right of the crown to the more ancient cus

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