« PreviousContinue »
act ingicted, or for the conviction or disability of any persoa offending against this act. S. 83.
xii. Provisions for the Redemption and Sale of the Land
Tur. * By 42 Geo. 3. C.. 116, the commissioners acting in the Commissioners execution of this act [intituled - An Act for consolidaring Authorized to
o the provisions of the several acts passed for the releat administer
6tion and sale of the land tax, into one act, and for maki Ontiis or receir riffidavitsing further provisions for the redemption and sale thereaf: tam before and for removing doubts respecting the right of persou justices of tbe 6 claiming to vote at elections for koights of the shire, od peace.
6 the members to serve in parliament, in respect of messuage,
lands, or tenements, the land tax upon which shall have been
redeemed or purchased ;'] are to examine upon oath or firmation all persons desirous of redeeming or purchasiaga tax, and all persons who shall be willing to be examined touch ing any matters relating to the title of any person in rem der, reversion, or expectancy to any estate, or having any mort gage, lien, or incumbrance upon any estate, the land tar up which is proposed to be redeemed or purchased, or touchings matter relating thereto, and also to require from any perso claiming any benefit of preference, the production apon oath affirmation of any deed, conveyance, or instrument, relatior such estate, and to receive any affidavit or deposition in wird sing, upon oath or affirmation, which shall be made in
part of the united kingdom, before any mayor or magistrate 5 any city, town or place, having authority to administer
oath in any matter, civil or criminal, or before any justid of the peace of any county or district, or before any to missioners or persons authorized to take affidavits in cau depending in the courts at Westminster, or to receive any and vit or deposition in writing upon oath or affirmation, whi shall be made in any parts beyond the seas, before any bar trate of the county, territory, or place, having power to minister an oath, and be transmitted to the commissioners usd the hand and seal of such magistrate : but in every such a
davit, deposition, or affirmation, there shall be expressed <addition of the party making the same, and the place of
abode, and the same shall be intituled as made in pursused
of this act ;' and in all cases where any affidavit is by act directed to be made and shown to the commissioners, the er amination of the person before such commissioners, or ITO
* The acts relating to the redemption and sale of the land ta are very voluminous, and it is only intended, in this place to insed such of the provisions thereof, as grant certain powers to justices a the peace.
, shall be as effectual as if the affidavit required had been and produced. s. 7. dit shall be lawful for the commissioners, or two of them, Persons authoatract with all bodies politie and corporate, and companies, rized to con
tract. ler corporate or not corporate, and feoffees or trustees aritable or other public purposes, and other persons, for demption of the land tax, in the manner therein prescribed. ere any lands, tenements or hereditaments are settled to cha. And tax on uses,fur the benefit of any parish or place, it shall be lawful lands seitled lysuch money as shall be necessary for the redemption of the for the reliet of x, out of any rate for the relief of the poor, if the rents and
the poor, may
be redeemed be applicable for the benefit of the poor, and out of any with approbarate, if the rents and profits be applicable to the repairs tion of iwo church or chapel, or otherwise out of such parish rate as justices out of e shall require : but no such rate shall be so applied with poor rates. he approbation of two justices of the county, riding, diviór place,' certified in writing to the commissioners acting execution of this act, under the sigo maoual, upon proof such justices, on oath or affirmation, of notice having pren during divine service, on two Sundays at the least, hurch or chapel belonging to such parish or place, or there shall be no church or chapel, then in the church or of some parish adjoining thereto, of an intention to make splication, and of the time and place of applying for the kion of such justices. s. 46. e under any act of parliament, or any deed or will, or niso in eccles
decree of any court, any trust property shall be siastical lands le for the benefit of any parish or place, it shall be law-out of the trust ply such trust property in the redemption of land tax property. upon hereditaments settled to charitable uses, for the
such place, and by deed under the hands and seals of bn, vicar, or curate, and of the church wardens and over. of the major part of them, enrolled as herein directed ject to deeds executed by trustees aud other persons for í lands for redeeming land tax, to charge such heredita
a sufficient part, with an annuity or rent charge equal ount of the income applied in the redemption : but no
property shall be so applied, or annuity charged with. pprobation of such justices, certified in such manner, such proof of notice as is hereby directed, in case of cation of the poors’ rates or church rates for the reof land tax, s. 47. jesty may also bý letters patent under the grcat seal ny of the members of the privy council to be commis. ir regulating, directing, approving, and confirming, all atracts for sales, enfranchisements, mortgages, and
rent ; mortgages by bodies politic or corporate, or y or of any feoffees, or trustees for charitable or other
public parposes ; or of persons holding under any grant from
the crown. $. 72. Power to the
And if the statement made by the said commissioners, acting special come in the execution of this act by letters patent under the great receive affida- scal, by any bodies politic or corporate, or companies, or any vits made be- feoffees or trustees for charitable or other public purposes, or fire justices of other persons selling under their authority, respecting intended the peace.
sales, mortgages, or grants, or the value of the estates, shall not be satisfactory, it shall be lawful for the commissioners to me quire such information to be given as they shall deem necessary and to receive any affidavits or depositions in writing, upan oath or affirmation made before any commissioners, or persons authorized to take affidavits in causes in any of the courts at Westminster, or before any justice of the peace, respecting any matters relating to such intended sales, mortgages, or grant,
$. 74. After what time
Where the whole of the land tax shall not before or on Jand tax re
24th day of June, 1803, have been redeemed by the bodies maining unredeenied, may
litic or corporate, or companies, or other persons having the Le sold. benefit of preference, but any part thereof shall then ren
chargeable, it shall be lawful for the commissioners actiog in
And upon the registry of such contract, in mauner dire by this act, the hereditaments, the land tax whereof shall purchased, shall be wholly exonerated from such land tas, the like periods as are herein directed in cases of redempe
but the purchasers of such land tax, and their heirs,succes 6 and assigns, shall, from such period of exoneration, be en * to receive for their own use for ever, and shall by virtue o cact be deemed to be in the actual seisin and possession yearly rent or sum as a fee farm rent, equal in amount
land tax so purchased, free of all charges and dedica whatever, to be issuing out of the hereditaments where land tax so purchased was charged, on the same days land tax was payable at the time of the purchase; and purchasers shall have priority of security on such heredita in respect of such annual rent over every other encumbre and shall enjoy all such powers for the recovery thercol,
ther by action, suit, distress, or otherwise, as landlords Acceptance of
The acceptance of any commission in pursuance of the commissioners
shall not vacate the seat of any person in parliament, DAF seats in parlia- the election of any person be impeached or made void ; ale inent nor' se be acceptance of the office of a commissioner for the redem deemed a place or sale of land tax under the former acts or this act, shall of profit.
Hot to vacate
hy reason of any allowance for executing the same, be deemed to be a place of profit, notwithstanding the appointment shall be by warrant under the sign manual, but the same shall be deemed to be a place under the authority of this act, and shall not impeach any claim or title which such commissioners may have to any other allowance whatever under his majesty. l. 185.
All penalties to be sued for by the party aggrieved shall be Where penal. ued for by action in any court of law in England, in which lics may be reiction the plaintiff shall be entitled to costs, and one moiety of covered by ac
tion. I penalties other than to the party aggrieved, where the amount hall exceed 501. shall, if sued for within six calendar months, e to his majesty, and the other moiety, with full costs, to the erson who shall inform or sue in the court of Exchequer at Vestminster; but the attorney-general in case it appear to his atisfaction that such last penalty was incurred without intention (fraud, may stay all further proceedings, by entering a noli rosequi. s. 189.
But in all cases where the amount of any penalties (other where before kan to the party aggrieved), shall not exceed 501. it shall be justices of wiul for two justices of the peace whére the party shall re- peace.
to hear and determine any matter subjecting such party such penalty ; which said justices are, upon any information thibited, to summon the party, and also the witnesses on either le, and examine into the matter of fact; and upon due proof ade thereof, either by the voluntary confession of the party, by oath of one witness, to give judgment for the penalty, A to issue their warrant for levying such penalty on the goods the party, and to cause sale to be made thereof if not redeemed thin six days, rendering to the party the overplus, if any; I where goods cannot be found sufficient to answer the peny, to commit him to prison, there to remain for six months*, less such penalty shall be sooner paid ; and if any person O find himself aggrieved by the judgment of such justices, o be may (upon giving security) to the amount of the value uch penalty (together with such costs as shall be awarded fase such judgment shall be affirmed) appeal to the justices he next general quarter sessions, who are to suminon and mive witnesses upon oath, and finally to hear and determine same ; aod in case the judgment shall be affirmed, such genequarter sessions may award the person to pay the costs oca oned by such appeal ; but if the next general quarter sessi. shall fall within six days after such conviction, it shall be ful for the person convicted, if he think fit (giving such rity), to appeal to the next subsequent quarter sessions.
any person, summoned as a witness before such justices Penalty on the part of the person informing, or the person incurring witnesses not
* Lunar months,
such penalty, shall neglector refuse to appear, without a reason. able excuse, to be allowed of by such justices, or appearing, shall refuse to be examined on oath, and give evidence, then every such person shall forfeit 40s. to be levied aud paid in such manner as before directed. s. 191.
In default of prosecution within the time before limited, no such penalty, other than to the party aggrieved, shall be after. wards recoverable, except in the name of the attorney general, in which case the whole penalty shall belong to his majesty ; and all penalties, and shares of penaltics belonging to his 15a. jesty, shall be paid into the hands of such persons as the con. missioners for taxes shall appoint; and in all cases where the whole of such pecuniary penalties shall be recovered to the use of his majesty, the commissioners may cause such reward as they think fit, not exceeding one moiety, after deducting all charge incurred in recovering the same, to be paid thereout, amongst any persons who shall appear to them intitled theretos
informers. s. 192. . l'ersons wear. Iiany person, upon examination upon oath or affirmation be. ing falsely to fore any of the commissioners acting under the sign maneal, incur the pains of perjury.
lans or in any affidavit, deposition, or afirmation, before any mayer,
mugistrato, or justice of the peace, in Great Britain, or before any commissioners, or persons avthorized to take affidavits in causes depending in the courts at Westminster, shall wilfully and corruptly give false evidence, or shall in any such affidatit, deposition, or affirmation, wilfully or corruptly swear or afira any matter which shall be false or untrue, such person shall be subject to such pains as persons convicted of wilful and corrupt
perjury. s. 193. Forging certifi. · If any person shall forge, counterfeit, or alter, or cause, &c. cates, felony or knowingly or wilfully act or assist in the forging, &c. any without clergy. contract for the redemption or sale of any land tax, or any as.
signment of any such land tax, or of any such contract, or of any portion of land tax therein comprised, or any certificate of the commissioners of land tax, or of supply, or of any chief magistrate, or of the surveyor-general of the land 'revenue of the crown, or of the duchy of Cornwall, or any certiGcate or receipt of the cashiers of the Bank, or any certificate, oraltested copy of any certificate, directed by this act to be made out by the proper officer, or shall wilfully deliver or produce to any person acting under this act, or shall utter, any such forged, counterfeited, or altered contract, assignment, certificate, or receipt, knowing the same, with intent to defraud, in erat such case every person so otiending, shall be guilty of feloos
without benefit of clergy. s. 194. Counmissioners The several commissioners of land tax, being also justices of si appeals.
the peace, and not being persons appointed to be commission. ers for the purposes of this act hy the sign manval, skall be commissioners for the purpose of hearing appeals to be misda by virtue of this act, for the division or district withio what