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Allowance to

and that the feveral Facts ftated in fuch Application were or were Commiffioners not, as the cafe may be, proved to their Satisfaction; and fuch Col- of Excife on Relector or Supervifor fhall, upon Receipt of such Copy and Certificate ceipt thereof from fuch Juftices as aforefaid, tranfmit the fame to the Commiffioners may make such of Excife, who are hereby authorized and required, upon Receipt of Proprietor of any fuch Certificate as aforefaid, if they be fatisfied therewith, in Salt fo loft, &c. cafe the Salt or Rock Salt fo loft or deftroyed shall have been proved as herein mento be Salt or Rock Salt for which the Duties by law impofed fhall tioned, have been paid or fecured to be paid, to allow to the Maker or Proprietor of fuch Salt or Rock Salt, out of the Duties on Salt which fhall next become due and payable from fuch Maker or Proprietor, the full Amount of the Duties proved to have been paid for fuch Salt or Rock Salt which fhall be fo proved to have been fo loft or destroyed as aforefaid; and if the Salt or Rock Salt which fhall be proved to have been fo loft or deftroyed as aforefaid, fhall be Salt or Rock Salt which fhall have been delivered upon Bond free of Duty, or Rock Salt which fhall have been delivered for Exportation upon the low Duty to which fuch Rock Salt for Exportation is liable, then and in every fuch cafe the faid Commiffioners fhall, as

Notice to be

given to Officer of Application for Relief.

to fuch Salt or Rock Salt fo loft or destroyed, order and require and order Colfuch Collector of Excife as aforefaid to cancel or vacate the Bond lector to cancel which shall have been given for the delivery of the Salt or Rock Salt the Bond. which fhall be proved to have been fo loft or destroyed; and that if fuch Application be made to the Commiffioners of Excise as aforesaid, and such Proof be made as aforefaid to their Satisfaction, such Commiffioners fhall grant the fame Relief respectively as is hereinbefore directed to be granted by them on fuch Certificate as aforefaid: Provided always, that no fuch Application as aforesaid shall be suftained or proceeded upon unless the Proprietor or Shipper of any Salt or Rock Salt which shall be loft or deftroyed as aforefaid, or fome Person on his, her or their Behalf, shall give Notice in Writing to the Collector or Comptroller of the Port in Ireland to which fuch Veffel may be deftined, or into which fhe may be driven, or to the Collector or Supervisor of Excife in Great Britain nearest to the Place where fuch Lofs may happen or be first discovered, or to the Solicitor of Excife for fummary and criminal Profecutions, within Ten Days after fuch Lofs fhall have happened or been first dis covered as aforefaid; or if fuch Flat, Barge, Boat or other Veffel be then at Sea, within Ten Days after her Arrival at her destined Port; nor unless it shall be specified in fuch Application when and where fuch Lofs fhall have happened and been discovered, and by which particular Cause before mentioned it shall have been occafioned; nor unless the Names and Places of Abode of the Maker or Refiner, and of the Proprietor or Shipper of the Salt or Rock Salt, the time when and the Place where the fame was fhipped, and the Place to which the fame was configned or intended to be removed, and alfo the Quantity of Salt or Rock Salt actually shipped, fhall be fpecified in fuch Application, and also whether it was Salt or Rock Salt for which the Duties had been paid, or which had been delivered on Bond, and the Names of the Flat, Barge, Boat or Veffel in which the fame was shipped, and of the Mafter or Commander thereof : Provided also, that no fuch Application to fuch Juftices or Commiffioners shall be fuftained or proceeded upon unless a Copy of fuch Application shall be delivered to fuch Collector or Supervifor as 57 GEO. III. N

What fuch Application is to specify.

Copy of Application to be de

livered to Officer with Lift of

aforefaid, Witnesses, &c.

Appeal to Quar. ter Seffions by either Party.

Notice to Officer of Appeal.

aforesaid, or to the Solicitor of Excife for fummary and criminal Prosecutions, Three Days at least before the time appointed by fuch Justices or Commiffioners for the Examination of the Witneffes, together with the Lift of the Names, Refidence and Defcription of the feveral Witneffes who fhall be intended to be thereupon examined; and that, upon any fuch Examination as aforefaid, fuch Witnesses only shall be examined in Support of fuch Application whofe Names are contained in fuch Lift, and that fuch Examination fhall be confined to the Facts fpecified in fuch Application.

LXVI. And be it further enacted, That if the faid Commiffioners of Excife fhall be diffatisfied with any fuch Examination or Certificate as aforesaid, they are hereby authorized and required within Fourteen Days to fignify the fame to the Party or Parties making fuch Application as aforefaid, and give to fuch Party or Parties a Notice of Appeal to the Juftices of the faid County, or of the County from which fuch Salt or Rock Salt fhall have been shipped, at the Quarter Seffions of the Peace which fhall be holden in and for the faid County next after fuch Certificate fhall have been received by them as aforefaid; and that if such Justice or Justices, or Collector and Comptroller, to whom any fuch Application fhall be made as aforefaid, fhall certify that all or any of the Facts required by this A&t to be thereupon proved upon Oath shall not have been proved, it fhall and may be lawful to and for the Proprietor or Shipper of fuch Salt or Rock Salt, within Fourteen Days after fuch Decifion, to give Notice to the Collector or Supervisor of Excise who shall have attended fuch Examination, or in cafe of any such Decifion by fuch Collector and Comptroller as aforefaid, to the Collector nearest to the Residence of fuch Proprietor or Shipper in Great Britain, of his or her Intention to appeal to the Juftices aforefaid at the next Quarter Seffions to be holden in and for the faid County; and fuch Juftices at their Quarter Seffions fhall, upon either of fuch Appeals as aforefaid, be thereupon empowered to iffue their Summons for the Attendance of any Witnefs or Witneffes thereon, and to hear and examine the Matters aforefaid, and their Decifion thereon shall be Quarter Seffions final, and that thereupon fuch Application for Relief as aforefaid fhall be wholly dismissed, or the faid Commiffioners of Excife shall make fuch Order of Relief as before mentioned: Provided always, that no other Facts or Fact fhall be inquired into at fuch Quarter Seffions than those which are stated in fuch original Application as aforefaid, nor any Witneffes examined in Support of fuch Application, except fuch whofe Names, Refidence and Description fhall be entered in a Lift to be given by the Party or Parties making fuch Application, to the Collector or Supervifor of Excife, Ten Days at leaft before fuch Quarter Seffions, nor any Witneffes examined against fuch Application, except fuch whofe Names or Refidences and Defcriptions fhall be entered in a Lift to be given by fuch Collector or Supervisor to the Party or Parties making fuch Application, or his, her or their Agent, Ten Days at leaft before fuch Quarter Seffions; and that the Party making fuch Appeal fhall, in cafe fuch Decifion of the Justices of the Quarter Seffions fhall be against such Appeal, bear and pay all Cofts, Charges and Expenfes attending, occafioned to or fuftained by either Party, by such Appeal having been fo made, and of all Witneffes who fhall have attended fuch Justices to be examined thereon.

Decision of

final.

What facts and

Witneffes Quarter Seffions may inquire into and

examine.

Colts.

LXVII. And

to appear or

give Evidence,

LXVII. And be it further enacted, That if any Perfon fhall be Witnesses fummoned to appear as a Witness to give Evidence before any fuch neglecting, &r. Juftices of the Peace as aforefaid, or any fuch Collector and Comptroller or Commiffioners as aforefaid, touching the matters aforefaid, and shall neglect or refufe to appear at the time and Place to be for that Purpose appointed in fuch Summons, without a reasonable Excufe for fuch his or her Neglect or Refufal (to be allowed by fuch Justices of the Peace or Collector and Comptroller or Commiffioners as aforefaid), or appearing fhall refuse to be examined upon Oath, and give Evidence to fuch Juftices of the Peace or Collector and Comptroller or Commiffioners, before whom fuch Evidence is required by this Act to be given, then that every fuch Person shall forfeit for every fuch Offence the Sum of Fifty Pounds, to be levied Penalty scl. by Warrant of Diftress to be issued by fuch Commiffioners or Juftices, or by any other Two Juftices of the County or Place where such Offence hall have been committed, upon the Certificate of the Justices or Collector and Comptroller refpectively to be granted of fuch Contempt; and if no fufficient Diftrefs can be found, then it fhall and may be lawful for fuch Commiffioners or Juftices to commit fuch Offender to the Common Gaol or other Prifon within their Jurifdiction, for any Term not exceeding the Space of Three Calen

dar Months, unless the Penalty fhall be fooner paid; and fuch Application of Penalty fhall be applied to the Ufe of the Poor of the Parish, Penalty. Township or Place in which fuch Offence fhall have been committed,

in fuch manner as fuch Juftices fhall direct and appoint.

LXVIII. And be it further enacted, That all and every Person Perjury. and Perfons who fhall give falfe Evidence in any Examination to be taken by virtue of this Act, or where, in pursuance of this Act, any Oath is required to be taken, fhall fwear falfely, fhall be fubject to fuch Pains, Penalties and Difqualifications as Perfons guilty of wilful and corrupt Perjury are or for the time being fhall be fubject or liable to by the Laws and Statutes of this Realm.

LXIX. And be it further enacted, That if any Question fhall arise whether any falted Fish, Salt, Rock Salt or Alkali refpectively, which shall be seized as and for falted Fish, Salt, Rock Salt or Alkali respectively, forfeited under or by virtue of this Act, be falted Fish, Salt, Rock Salt or Alkali refpectively, for or on which fuch Forfeiture is by this A&t impofed, the Proof of fuch falted Fish, Salt, Rock Salt or Alkali refpectively, not being falted Fifh, Salt, Rock Salt or Alkali refpectively, for or on which fuch Forfeiture is by this Act impofed fhall lie upon the Owner or Claimer thereof.

LXX. And be it further enacted, That no Bond or Security given or to be taken, under the Provifions of this A&t, for the Removal of any Salt or Rock Salt to be lodged or deposited in any Warehouse for the Ufe of the British Fisheries, or for the accounting for any Salt or Rock Salt depofited therein, or for or in respect of any Salt or Rock Salt to be used or employed in curing or preferving Fish, nor any Certificate made out in relation to any fuch Salt or Rock Salt, fhall be fubject or liable to any Stamp Duties any thing in this or any other A&t or Acts of Parliament to the contrary thereof notwithstanding.

LXXI. And be it further enacted, That all and every of the Powers, Directions, Rules, Penalties, Forfeitures, Claufes, Matters and Things which in and by an Act made in the Twelfth Year of

N 2

the

Onus Probandi,

how far on Owner of Fish, Salt, &c.

Bonds for Fithery Salt not fubject to Stamp Duty.

12 C. 2. c. 24. and any other Act relating to

the Excile lu

to this Act.

force, extended the Reign of King Charles the Second, intituled An Ad for taking away the Court of Wards and Liveries and Tenures in Capite, and by Knights Service and Purveyance, and for fettling a Revenue upon His Majefty in lieu thereof, or by any other Law now in force relating to His Majesty's Revenue of Excife, are provided and established, fhall be practifed, ufed and put in Execution, in and for the Purpofes of this Act, as fully and effectually to all Intents and Purposes as if all and every the faid Powers, Rules, Directions, Penalties; Forfeitures, Claufes, Matters and Things were particularly repeated and re-enacted in this prefent Act.

Penalties how to be recovered.

Act may be

LXXII. And be it further enacted, That all Fines, Penalties and Forfeitures imposed by this Act, shall be sued for, recovered, levied or mitigated by such Ways, Means or Methods as any Fine, Penalty or Forfeiture may be fued for, recovered, levied or mitigated by any Law or Laws of Excife, or by Action of Debt, Bill, Plaint or Information in any of His Majefty's Courts of Record at Westminster, or in the Court of Exchequer in Scotland refpectively; and that (fave and except in fuch cafe or cafes where it is otherwife exprefsly directed by this Act) One Moiety of every fuch Fine, Penalty or Forfeiture fhall be to His Majefty, His Heirs and Succeffors, and the other Moicty to him or them who fhall discover, inform or fue for the fame.

LXXIII. And be it further enacted, That this Act may be alaltered, &c. this tered, amended or repealed by any Act or Acts to be passed in this Seffion of Parliament.

Seffion.

54 G. 3. c. 180.

continued.

CAP. L.

An Act to continue an Act made in the Fifty fourth Year of His present Majesty's Reign, intituled An Act to provide for the preferving and restoring of Peace in fuch Parts of Ireland as may at any Time be difturbed by feditious Perfons, or by Perfons entering into unlawful Combinations or Confpiracies.

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[27th June 1817.]

WHEREAS an Act was made in the Fifty fourth Year of

His present Majefty's Reign, intituled An Act to provide for the preferving and restoring of Peace in fuch Parts of Ireland as may at any time be disturbed by feditious Perfons, or by Perfons entering into unlawful Combinations or Confpiracies; to continue in Force for Two Years from and after the paffing thereof, and • from thence until the End of the then next Seffion of Parliament: • And Whereas the faid Act is about to expire at the End of this prefent Seffion of Parliament, and it is expedient that the fame 'fhould be continued;' Be it therefore enacted by The King's Moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That the faid recited A&t shall be and the fame is hereby further continued, and shall be in Force in Ireland, from the End of this present Seffion of Parliament, for a further Period of One Year, and no longer.

CAP.

CAP. LI.

land.

W

Newfoundland

An Act to regulate the Celebration of Marriages in Newfound[27th June 1817.] HEREAS a Doubt has exifted whether the Law of England requiring Religious Ceremonies in the Celebration of Marriage to be performed by Perfons in Holy Orders, for the perfect Validity of the Marriage Contract, be in Force in Newfoundland; and by reafon of this Doubt, Marriages have been of late celebrated in Newfoundland by Perfons not in Holy Orders: And Whereas great Inconvenience and Irregularities may arife if these • Doubts fhall continue to prevail;' Be it therefore enacted by The King's Moft Excellent Majesty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That Marriages to be from and after the First Day of January in the Year One thousand folemnized in eight hundred and eighteen, all Marriages had in Newfoundland fhall be celebrated by Perfons in Holy Orders; and all Marriages which hall be contracted or celebrated in Newfoundland contrary to this Act, after the First Day of January in the Year One thoufand eight hundred and eighteen, fhall be and are hereby declared to be null and void: Provided nevertheless, that nothing contained in this Act shall extend or be conftrued to extend to any Marriages that may be had under Circumstances of peculiar and extreme Difficulty in procuring a Perfon in Holy Orders to perform the Celebration, and in which the Law might on that account otherwife determine on the Validity of fuch Marriages: Provided always, that in all fuch cases the Circumstance of the cafe and the actual Contract of Marriage fhall be certified on the Oath of the Parties before the Magistrate nearest to the ufual Refidence of the Parties, or either of them, or before fome other Perfon duly authorized by the Governor or Officer adminiftering the Government at Newfoundland, to adminifter fuch Oath.

II. And be it further enacted, That nothing in this A&t fhall extend or be conftrued to extend to Marriages already had, or that hall be had previous to the First Day of January in the Year One thoufand eight hundred and eighteen: Provided alfo, that nothing in this Act contained shall extend to any Marriages amongst the People called Quakers, or amongst the Perfons profeffing the Jewish Religion, where both the Parties to any fuch Marriage fhall be of the People called Quakers, or Perfons profeffing the Jewish Religion refpectively.

III. And be it further enacted, That this A&t may be altered, amended or repealed by any Act or Acts to be passed in the prefent Seffion of Parliament.

Tenants.

CA P. LII.

by Perfons in Holy Orders.

Provifo for Dif-
ng Perions in
ficulty in procur-
being certified
Holy Orders
on Oath.

Provifo for Mar-
riages already
contracted,
Jews.

Quakers and

A&t may be altered, &c. this

Seffion.

An Act to alter an Act paffed in the Eleventh Year of the Reign of King George the Second, for the more effectual fecuring the Payment of Rents, and preventing Frauds by [27th June 1817.] HEREAS by an Act of Parliament paffed in the Eleventh II G. 2. c. 19. Year of the Reign of His late Majefty King George the $16. • Second, intituled An Ad for the more effectual fecuring the Payment N 3 "of

W

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