Where an Oath or Affirmation is now required by any Act relating to the Customs or

Excise, a De

claration shall

be made instead thereof, except

in the Cases specially provided for.

Certain Oaths relating to the Customs Revenue excepted.

Commissioners

of Customs may
require a
written Decla-
ration in lieu
of an Oath.

Certain Oaths relating to the Excise Revenue excepted.

rity of the same, That in all Cases where, by any Act or Acts relating to the Revenues of Customs or Excise, any Oath, solemn Affirmation, or Affidavit shall be required to be taken or made by any Person on the doing of any Act, Matter, or Thing, or for verifying any Book, Account, Entry, or Return, or for any other Purpose whatsoever, such Oath, solemn Affirmation, or Affidavit shall no longer, except in the Cases herein-after specially provided for, be taken, made, or required, but in lieu thereof the Person who would under the Act or Acts of Parliament imposing the same have been required to take or make such Oath, solemn Affirmation, or Affidavit shall, in the Presence of the Commissioners, Collector, or other Person empowered by such Act or Acts of Parliament to administer such Oath, solemn Affirmation, or Affidavit, make and subscribe a Declaration, setting forth the Matters contained, in and to the same Effect as the Oath, solemn Affirmation, or Affidavit which would have been required if this Act had not been passed, and declaring to the Truth thereof; and if any such Declaration shall be untrue in any Particular, the Person making the same shall, over and above every other Penalty to which such Person may become subject, forfeit One hundred Pounds.

II. Provided always, and be it further enacted, That nothing herein contained shall extend to any Oath required to be taken on account of any Office relating to the Revenue of Customs, or for the Discharge thereof, nor to any Oath administered upon any Examination or Inquiry made by any Surveyor General of the Customs, or by any Inspector General of Customs, or by any Collector or Comptroller of the Customs, for ascertaining the Truth of Facts relative to the Customs, or the Conduct of Persons or Officers employed therein, or by any Person or Persons in any of the British Possessions Abroad, appointed by the Commissioners of His Majesty's Customs to make such Examinations or Inquiry.

III. And whereas it is expedient that in all Cases where the Commissioners of the Customs may deem it requisite to require 'Confirmation of any written Statement or Allegation made to 'them relative to the Seizure of Goods, or of any other Matter ' relating to their Department, such Confirmation should, instead of being required to be made upon Oath, be made by a Decla'ration of the Parties in Writing;' be it therefore enacted, That in such Cases no Affidavit or Oath shall be required, but that in lieu thereof the Party shall make and subscribe a written Declaration of the Truth of the Statement or Allegation; and if any such Declaration made by any such Person shall be false or untrue in any Particular, the Person making such false Declaration shall forfeit One hundred Pounds.

IV. Provided always, and be it further enacted, That nothing in this Act contained shall extend to abolish or in any manner to interfere with the Oath of Allegiance and of Office required to be taken by every Person who shall be appointed a Commissioner, or who shall be appointed to any other Office relating to the Revenue of Excise, or the Affidavit of any Facts showing that any Duty or Duties are in danger of being lost, in order to the issuing of a Warrant by the Collector of Excise for Recovery

of

of such Duties in Scotland or Ireland respectively; or the Oath required to be made by any Officer of Excise, setting forth the Ground of his Suspicion of Goods forfeited under any Act or Acts relating to the Revenue of Excise being deposited or concealed in any Place, in order to obtaining a Warrant for entering such Place and seizing such Goods; or any Oath required by any Act to be made by any Person on claiming or receiving any Pension or Allowance; or the Oath required to be made by every Exporter of Goods, before receiving any Drawback from the Revenue of Excise, that he is the real Owner of the Goods exported, and that the Goods are really and bona fide exported to Foreign Parts, and have not been relanded, or the Oaths by an Act passed in the Twenty-third Year of the Reign of His Majesty King George the Third, for the more effectual Encouragement of the Manufacture of Flax and Cotton in Great Britain, and by another Act passed in the Third Year of the Reign of His Majesty King George the Fourth, for continuing the said Act, and to amend the Law in respect of the Allowances of Excise Duties on Starch and Soap used in certain Manufactures, required to be made by every Person claiming Allowances of the Duties on Starch and Soap used in Manufactures; or the Oaths required to be made for obtaining the Allowance of the Duties of Excise on Paper used in printing certain Books in the Universities or by the King's Printer; or the Oaths required to be made for obtaining the Allowance of the Duties of Excise on Materials used in building Churches; or any Oath administered to any Person in any Judicial Proceeding in any Court of Justice, or before the Commissioners of Excise or Justices of the Peace, for Recovery of any Penalty or Forfeiture, or obtaining any Abatement, Return, or Allowance of Duties; but all such Oaths shall continue to be required, and to be made, taken, and administered, as if this Act had not been passed.

require Ac

counts of their Officers to be

verified on Oath.

V. And be it further enacted, That it shall be lawful for the Commissioners Commissioners of Excise to require any Collector or other Officer of Excise may of Excise to verify by Oath any Account or Return rendered by such Collector or other Officer of Excise, of any Monies received or paid or expended or claimed by him; and in case of any Seizure of any Goods or Detection of any Offence, the said Commissioners may, on restoring such Seizure or in forbearing to prosecute for such Offence, or on staying any Proceedings commenced for the Recovery of any Penalty or Forfeiture, require any Facts showing that no Fraud has been committed or intended to be verified on the Oath or Affirmation of any Person, such Oaths or Affirmations respectively to be administered and received by any one of the said Commissioners or by any Justice of the Peace; and every Collector and other Officer, and every other Person, making or taking any such Oath or Affirmation, who shall wilfully and knowingly swear or affirm falsely to any Matter or Thing therein, being duly convicted thereof, shall incur the Pains and Penalty to which Persons are liable for wilful and corrupt Perjury.

VI. And be it further enacted, That the Penalties by this Act Recovery of imposed shall be sued for and recovered in the same Manner and Penalties. under the same Provisions as any Penalty imposed by any Acts

Act may be altered this Session.

Commence

ment of Act.

His Majesty may authorize certain Persons to grant Leases, &c. of Lands and execute Appointments in the Duchy of Cornwall.

relating to the Revenues of Customs or Excise respectively may by Law be sued for and recovered.

6

VII. And be it further enacted, That this Act may be amended, altered, or repealed by any Act to be passed in this present Session of Parliament.

VIII. And be it further enacted, That this Act shall commence and take effect on the Twenty-ninth Day of September One thousand eight hundred and thirty-one.

CAP. V.

An Act to enable His Majesty to make Leases, Copies, and Grants of Offices, Lands, and Hereditaments, Parcel of the Duchy of Cornwall, or annexed to the same.

[30th July 1831.]

WHEREAS His most Excellent Majesty now stands seised

of the Duchy of Cornwall and the Possessions thereof: And whereas some Doubts may arise in relation to His Majesty's making of Leases and Grants of Offices, Lands, and Hereditaments, Parcel of His said Duchy, or thereunto annexed or 'belonging' For obviating whereof, and for the Ease and Quiet of the Minds of such Persons as have taken or shall hereafter take Leases from His said most Excellent Majesty, and to the end that such Persons may be sure to have good and indefeasible Estates, and be encouraged to lay out Monies in building and repairing or otherwise improving the several Lands and Tenements to them demised or to be demised; be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That during such Time as the said Duchy of Cornwall shall remain vested in His Majesty, it shall and may be lawful for His Majesty, from Time to Time, by Warrant under His Sign Manual, to be countersigned by any Three or more of the Commissioners of His Majesty's Treasury of the United Kingdom of Great Britain and Ireland, to authorize such and so many of the regular Officers of the said Duchy, who by virtue of their several Appointments and Offices are concerned in the general Superintendence and Management of the Revenues and Affairs of the said Duchy, being not more than Five and not less than Three in Number, as His Majesty may think fit, to demise or lease, in His Majesty's Name and on His Majesty's Behalf, by Deed under the Hands and Seals of any Two or more of them, all and every the Manors, Messuages, Parks, Tenements, Lands, and Hereditaments, Parcels of the Possessions of the said Duchy of Cornwall, or annexed to the same, provided that the Lessee or Lessees in such Leases respectively to be named do and shall duly execute a Counterpart or Counterparts of the Lease or Leases so to be made to him, her, or them respectively; and also to constitute and appoint, in His Majesty's Name and on His Majesty's Behalf, by Deed or other Instrument executed by any Two or more of them, all such Persons as shall be specially named by His Majesty to be Stewards, Commissioners for assessing the ancient Duchy Lands and Tenements, or other Officers of the

said Duchy, during His Majesty's Pleasure, and also to pass the
Accounts of all Receivers, Bailiffs, and Collectors accounting for
the Revenues of the said Duchy; and all such Leases or Grants
so made or to be made of any Manors, Messuages, Parks, Tene-
ments, Lands, or Hereditaments, by virtue of such Warrant, shall
be good and effectual in Law, according to the Purport and Con-
tents thereof, against our Sovereign Lord the King, His Heirs and
Successors, and against all and every other Person or Persons
that shall at any Time hereafter have, inherit, or enjoy the said
Duchy, by force of any Act of Parliament, or by other Limita-
tions whatsoever: Provided always, that every such Lease or Terms of
Grant so made or to be made of any Manors, Messuages, Parks, Leases.
Tenements, Lands, or Hereditaments, in Possession, be and shall
be made for Three Lives or fewer, or for Thirty-one Years or
under, or for some Term of Years determinable upon One, Two,
or Three Lives, and not above; and if any such Lease or Grant
be made in Reversion or Expectancy, that then the same, together
with the Estates in Possession, do not exceed Three Lives or the
Term of Thirty-one Years, and be not in anywise dispunishable
of Waste; and so as upon every such Lease or Grant there be
or shall be reserved the ancient or most usual Rent or more, or
such Rent as hath been reserved, yielded, or paid for such of the
Premises as are or shall be contained therein for the greater Part
of Twenty Years next before the making of the said Leases or
Grants, and shall be reserved, due, and payable to such as have
the Inheritance or other Estate of the said Duchy; and where no
such Rent hath been reserved or payable, that then upon every
such Lease or Grant there be or shall be reserved a reasonable
Rent, not being under the Twentieth Part of the clear yearly
Value of the Manors, Messuages, Parks, Tenements, Lands, or
Hereditaments contained in such Lease or Grant.

II. And whereas certain Parts of the said Duchy are capable Leases may be ' of considerable Improvement, by the Erection of substantial granted for Buildings thereon, and by the Cultivation of Waste Lands, which building, or improving Wastes. 'cannot be undertaken by the Lessees unless they are secured

<

by the longer Interest in the Premises than Thirty-one Years, or a Term of Years determinable upon Three Lives;' be it further enacted, That it shall be lawful for the said Officers of the said Duchy to be named in His Majesty's said Warrant, and they are hereby empowered, by Deed under the Hands and Seals of any Two or more of them, to demise, lease, or grant any Lands, Tenements, or Hereditaments, Parcel of the Possessions of the said Duchy of Cornwall, or annexed to the same, for any Term of Years not exceeding the Term of Ninety-nine Years, expressly for the Purpose of improving the same by erecting substantial Buildings thereon, or for the Purpose of improving Waste Lands by Cultivation or otherwise; provided that the Lessee or Lessees in such Leases or Grants respectively to be named do and shall duly execute a Counterpart or Counterparts of the Lease or Leases so to be made to him, her, or them respectively; and further provided, that upon all such Leases or Grants so to be made improved annual Ground Rents be reserved and made payable, and that in all such Cases of Leases or Grants so to be made for Terms exceeding Thirty-one Years, or exceeding the

usual

Leases to be previously approved by the Treasury.

Covenants to be

according to their Contents.

usual Term determinable upon Three Lives, no Fines or other Consideration be taken, further or other than the improved annual Ground Rents hereby directed to be reserved as aforesaid.

III. Provided always, and be it further enacted, That the Terms and Conditions of all Leases and Grants to be granted or made under the Provisions of this Act shall be previously approved by the Commissioners of His Majesty's Treasury, or any Three or more of them.

IV. And be it further enacted, That all Covenants, Conditions, effectual in Law Reservations, and Agreements contained in every such Lease or Grant made or to be made as aforesaid shall be good and effectual in Law according to the Words and Intent of the same, as well for and against them to whom the Reversion of the said Manors, Messuages, Parks, Tenements, Lands, or Hereditaments shall come, as for and against them to whom the Interest of such Leases or Grants shall come respectively, as if our Sovereign Lord the King's Majesty, at the Time of making such Covenants, Conditions, Reservations, and Agreements, had been or were seised of an absolute Estate in Fee Simple in the same Manors, Messuages, Parks, Tenements, Lands, or Hereditaments.

General Saving.

Continuance of Acts.

V. Saving always to all and every Person and Persons, Bodies Politic and Corporate, their Heirs and Successors, Executors, Administrators, and Assigns, (other than His said Majesty, His Heirs and Successors, and other than the Duke and Dukes of Cornwall for the Time being, and his and their Heirs, their Lessees, and all and every other Person and Persons that shall hereafter have, inherit, and enjoy the said Duchy of Cornwall, by force of any Act of Parliament or other Limitation whatsoever,) all such Rights, Titles, Estates, Customs, Interests, Tenures, Terms, Claims, and Demands whatsoever, of what Nature, Kind, or Quality soever, of, in, to, or out of the said Manors, Offices, Messuages, Parks, Tenements, Lands, or Hereditaments, or any of them, Parcel of or annexed to the said Duchy of Cornwall, as they or any of them had or ought to have had before the making of this Act, to all Intents and Purposes, and in as large and ample Manner and Form, as if this Act had never been made; this Act, or any other thing therein contained, to the contrary notwithstanding.

CAP. VI.

An Act for continuing, until the Thirtieth Day of June One
thousand eight hundred and thirty-two, the several Acts for
regulating the Turnpike Roads in Great Britain which will
expire at the End of the present Session of Parliament.
[30th July 1831.]

WHEREAS it is expedient that the several Acts for making, amending, and repairing the Turnpike Roads in Great 'Britain, which will expire at the End of the present Session of Parliament, should be continued for a limited Time;' be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That all and every Act and Acts of Parliament