Provifo for Delivery of Account and Payment of Duty upon Notice and Requeft.

Duties not ex

be recovered by Diftrefs.

or they fhall forfeit and pay the Sum of Twenty Pounds for every Default in not delivering fuch Account verified as aforefaid, and double the Amount of the Duty or Duties which he, fhe or they fhall be then chargeable with for the Non Payment thereof: Provided always, that where any fuch Notice shall have been given and Request made for the Delivery of fuch Account as aforefaid, then, upon the Delivery of fuch Account and Payment of the Duty due thereon, in pursuance of fuch Notice and Requeft, and upon taking out fuch Licence or Licences as ought to have been taken out by him, her or them previously thereto, the Perfon or Perfons fo delivering fuch Account fhall be indemnified and difcharged from any Penalty or Penalties which he, fhe or they may be then liable to in confequence of having let to Hire any Horfe, Mare or Gelding, in the manner mentioned in fuch Account without having obtained fuch Licence as aforefaid.

XXII. And be it further enacted, That from and after the faid ceeding 10l. may Thirty first Day of January One thousand eight hundred and eighteen, where any Perfon or Perfons liable to account for and pay any Duty or Duties granted by the said A&t of the Forty fourth Year of His Majefty's Reign, for and in refpect of any Horse, Mare or Gelding, Horfes, Mares or Geldings, by him, her or them let to Hire as aforefaid, shall refuse or neglect to account for and pay the fame, according to the Directions of the faid herein before mentioned A&ts, or any of them, or of this Act, to the Collector appointed to receive fuch Duties for the County, Diftri& or Place where he, fhe or they fhall have let to Hire fuch Horse, Mare or Gelding, Horfes, Mares or Geldings, and fuch Duty or Duties fhall not exceed the Sum of Ten Pounds, it fhall be lawful for fuch Collector, firft obtaining a Warrant for that Purpose under the Hand and Seal or Hands and Seals of any One or more of His Majelly's Juftices of the Peace refiding near the Place where any fuch letting to Hire fhall have been made, (which Juftice or Juftices, on Complaint made to him or them, shall summon the Party complained of, and the Witnesses on either Side, and examine into the Matter of Fact, and fhall grant fuch Warrant, on due Proof being made of the Sum due and owing for fuch Duty or Duties as aforefaid, by the voluntary Confeffion of the Party, or by the Oath of One or more credible Witnefs or Witneffes,) to diftrain such Perfon or Perfons by his, her or their Goods and Chattels for the Amount of fuch Duty or Duties, and the Distress so to be taken to detain and keep for the Space of Four Days, at the Cofts and Charges of fuch Person or Persons; and if he, fhe or they fhall not within that time pay the Amount of fuch Duty or Duties, with the Cofts and Charges of taking and keeping fuch Diftrefs, then the Goods and Chattels fo diftrained fhall be fold by fuch Collector, who shall render the Overplus of the Money arifing by the Sale thereof, if any fhall remain, after deducting and retaining the Amount of such Duty or Duties, and the Cofts and Charges of taking, keeping and felling fuch Diftrefs, to the Perfon or Perfons fo to be diftrained as aforefaid; and it fhall also be lawful for such Collector, for the Purpose of taking fuch Diftrefs, to break open in the Day time any House or Place where any Goods or Chattels of fuch Perfon or Perfons fhall be, being thereunto authorized by fuch Warrant as aforefaid, and calling to his Affiftance a Conflable, 13 Tythingman

Proceedings on
Diftrefs.

House, &c. may be broken open

in the Day time by Collector for taking Diftrefs, calling to his Af

Tythingman or Headborough of the County, Shire, Stewartry, fiftance a ConCity, Town or Place where any Refufal or Refiftance fhall be ftable, &c. made, which said Officers are hereby required to aid and aflift therein; and that the leaving of the Summons to appear before fuch Juftice or Juftices at the Dwelling Houfe or ufual or laft known Place of Abode of the Party complained of, fhall be deemed a good Service thereof.

XXIII. And to prevent Doubts, be it further enacted and declared, That from and after the paffing of this A&t the said hereinbefore mentioned Duties shall not be deemed to attach upon or be payable for or in respect of any Horfes, Mares or Geldings which fhall be hired for drawing any Carts or Carriages kept or ufually employed for the Conveyance of Fifh, or for or in refpect of any Horses, Mares or Geldings used in Chariots or other Carriages duly licensed by the Commiffioners of Hackney Coaches, where the fame fhall be hired to go no greater Distance than Ten Miles from the City of London or Westminster or the Suburbs thereof; but that the said Duties fhall be deemed to attach upon and be payable for or in respect of Horses, Mares and Geldings which shall be hired for drawing Hearses, in the fame manner as thofe hired for drawing Mourning Coaches or other Carriages.

Duties not to attach on Horfes drawing Fish Carts or Hackney Chariots,

&c. but to attach

on thofe drawing Hearfes.

Juftices of Peace may caufe Roads

XXIV. And be it further enacted, That from and after the faid Thirty firft Day of January One thoufand eight hundred and to be measured eighteen, it shall be lawful for Two or more Juftices of the Peace and publish for any Divifion in Great Britain, to caufe the Distances between Measurement, any Places in their Divifion and the Neighbourhood to be mea- being verified on fured by fome proper Person or Perfons, who fhall be paid for Oath. fuch Measurement fuch Sum as fhall appear reasonable to the faid Justices out of the County Stock by the Treasurer of fuch County, upon the Warrant of the said Juftices; and the Measurement being verified before the faid Juftices by the Oath of the Perfon or Perfons making the fame, to publish fuch Measurement under the Hand of the Clerk of fuch Divifion, Twice in fome Newspaper of the County for which fuch Juftices fhall act; and from and after In what cafe fuch Publication, if any Perfon letting Horfes to hire fhall charge Poft Maters for a greater Number of Miles than fhall be specified in the Table charging for of Distances so to be published, if the Stage or Distance for which any Horse, Mare or Gelding fhall be hired fhall exceed Seven Miles, he or she fhall forfeit and pay for every fuch Offence the Sum of Ten Pounds.

more Miles than Measurement,

Penalty 10.

XXV. And be it further enacted, That from and after the faid Penalties how Thirty firft Day of January One thoufand eight hundred and recovered. eighteen, all pecuniary penalties amounting to Ten Pounds or upwards, and not amounting to Fifty Pounds, impofed by this A&t or by the faid A&t of the Twenty fifth Year of His Majefty's Reign, may be fued for, recovered and levied, either in the manner prescribed by that Act with regard to Penalties amounting to Fifty Pounds, or in the manner thereby prefcribed with regard to Pe nalties not amounting to Fifty Pounds; and all pecuniary Penalties not amounting to Ten Pounds impofed by this Act fhall be fued for, recovered and levied in the manner prefcribed by the faid A& of the Twenty fifth Year of His Majefty's Reign, with regard to Penalties of the fame Amount.

XXVI. And be it further enacted, That from and after the faid Application of

Thirty

Penalties,

Profecutions for

Penalties not to be commenced without Confent in Writing of Commiffioners of Stamps, and to be carried on by their Solicitor, &c.

What Proofs

in Actions for Duties and Penalties.

Thirty firft Day of January One thoufand eight hundred and eighteen, all pecuniary Penalties impofed by this Act, and by the faid hereinbefore mentioned Acts or any of them, in any wife relating to the faid Duties hereinbefore particularly mentioned, which fhall be fued for within Six Calendar Months after the fame fhall be incurred, fhall be divided and go in the manner following; that is to fay, One Moiety thereof fhall go to His Majefty, His Heirs and Succeffors, and the other Moiety thereof, together with full Cofts of Suit, fhall go to the Perfon or Perfons who fhall inform and fue for the fame; and it shall be lawful for any Perfon or Perfons whomsoever to inform and fue for the fame within the time aforefaid, notwithstanding the Provifions to the contrary contained in the faid A&t of the Forty fourth Year of His Majefty's Reign, or in any other Act or Acts ; and all fuch Penalties as fhall not be fued for within the time aforefaid shall go and belong wholly to His Majefty, His Heirs and Succeffors.

XXVII. Provided always, and be it further enacted, That it fhall not be lawful for any Farmer of any of the said Duties, or for any other Perfon or Perfons, to profecute for any fuch pecuniary Penalty in any of His Majefty's Courts at Westminster, or in Scotland, without having first obtained the Confent in Writing of the faid Commiffioners of Stamps, or any Two of them, nor unless the Profecution for the fame fhall be carried on by the Solicitor of Stamps, or fome other Solicitor or Attorney approved of by the faid Commiffioners, or any Two of them; and it fhall be lawful for the faid Commiffioners of Stamps, or the major Part of them, if they shall think fit, to order the Proceedings to be stayed in any fuch Profecution, or Payment of Part only of the Penalty incurred, with or without Cofts, or on Payment only of the Cofts incurred in fuch Profecution, or any Part thereof, as they fhall judge proper and expedient.

XXVIII. And be it further enacted, That from and after the thall be fufficient paffing of this Act, it fhall not be neceffary upon the Trial or Hearing of any. Action, Suit or Profecution already commenced, or hereafter to be commenced for the Recovery of any of the faid Duties on Horfes, Mares and Geldings hired in the manner aforefaid, which are or fhall be let to Farm in pursuance of the faid A&t of the Fifty fourth Year of His Majefty's Reign or of this Act, or of any future Act of Parliament, or for the Recovery of any Penalty or Penalties impofed by the said herein before mentioned Acts or any of them, or by this A&t or any future Act in anywife relating to the faid Duties, to produce the Inftrument whereby the Commiflioners of Stamps in Great Britain or any of them were or fhall be authorized by the Commiffioners of His Majesty's Treasury to let to Farm the faid Duties on Horfes, Mares and Geldings, or any of them, or to produce the Commiffion whereby the faid Commiffioners of Stamps were conftituted and appointed fuch Commiffioners, or to prove the Execution of any Contract or Agreement whereby any of the faid Duties on Horfes, Mares and Geldings are or fhall be let to Farm, or of any Affignment of any fuch Contract or Agreement, or of any Commiffion, Deputation or Authority whereby any Perfon or Perfons is or are or fhall be appointed a Colle&or or Collectors of any of the fame Duties by the faid Commiffioners of Stamps, or any of them, or to prove the Sig

natures

natures of the faid Commiffioners to any Confent to profecute for any fuch pecuniary Penalty as aforefaid: Provided always, that such Contract, Agreement, Affignment, Commiffion, Deputation or Authority and Confent to profecute, fhall be produced on the Trial or Hearing of fuch Action, Suit or Profecution, and it shall be made to appear that the Perfon or Persons claiming under fuch Contract, Agreement, Affignment, Commiffion, Deputation or Authority, had in fact acted as the Farmer or Farmers, Collector or Collectors of the Duties therein mentioned and defcribed, or some of them; and that in every fuch cafe fuch Proof fhall be deemed and taken by the Judges or Juftices before whom any fuch Trial or Hearing fhall be had, to be good and legal Evidence of fuch Person or Perfons being the Farmer or Farmers, Collector or Collectors of the Duties mentioned and defcribed in fuch Contract, Agreement, Affignment, Commiffion, Deputation or Authority, unless by other Evidence the contrary fhall be made to appear; any Law or Ufage to the contrary thereof notwithstanding.

6

WH

CA P. LX.

Certain Offices,

after the 'Termination of the

An Act to regulate certain Offices in the Court of Exchequer in England. [7th July 1817.] HEREAS it is expedient that certain Offices in the Court of Exchequer in England, not given or granted by the • Lord Chief Baron or Barons of the Court of Exchequer, or any or either of them, or by the Chief Juftice or Judge of either of His Majefty's Courts of Record at Westminster, and certain Offices in the Alienation Office, fhould be regulated;' Be it therefore enacted by The King's Moft Excellent Majelty, 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 from and after and upon the Termination refpectively of the present exifting Interests in the undermentioned Offices, videlicet, King's Remembrancer, Clerk of the Pleas, Clerk of the Pipe, Comptroller of the Pipe, Marthal, Foreign Appofer, Surveyor prefent Interefts and Receiver General of Green Wax, Lord Treafurer's Remem- therein, to be brancer, Clerk of Foreign Eftreats, Clerk of the Nichells, Comp- executed in troller of First Fruits; and in the Alienation Office Three Com- Person, and not miffioners, the Receiver General, Two entering Clerks, Mafter in by Deputy; Chancery and the Solicitor of the Exchequer; and fo foon as the faid Offices refpectively fhall become vacant by the Death, Refignation or Removal of the Perfon or Perfons now holding the fame, the Duties thereof refpećtively fhall be difcharged by the Officers respectively appointed to hold the fame in Perfon, and not by Deputy; and from time to time as any of the faid refpective Offices fhall become vacant as aforefaid, it shall be lawful for the Lord High Treasurer of the United Kingdom of Great Britain and Ireland, or the Commiffioners of His Majefty's Treasury of the United King- ments and dom of Great Britain and Ireland, or any Three or more of them Establishments for the time being, and they are hereby authorized and required to be regulated to regulate the Duties, Emoluments and Establishments of the faid by the Treatury, refpective Offices as they become vacant, so as that the several Duties

to be discharged therein respectively fhall be performed in Perfon,

57 GEO. III.

Q

and

+

and as they be Duties, Emolucome vacant, the

The Fees at

prefent charged

to continue and

to be applicable to Payment of Salaries, and the Refidue to make Part of the Con

folidated Fund.

and not by Deputy; and for that Purpose fhall appoint fuch and fuch Number of fit and proper Perfons as may be fufficient and neceffary to perform and execute the Duties to be done, performed and executed in the said Offices refpectively, as the faid Lord High Treasurer or Commiffioners fhall deem fit, with fuch Salaries or Allowances as shall be ordered and appointed by the faid Lord High Treasurer or Commiffioners, or any Three or more of them in that Behalf; Regard being had in every fuch cafe to the Nature and Extent of the Duties to be performed, and to the Refponfibility which may attach or belong to the feveral and refpective Offices or Perfons executing the Duties of the faid Offices refpectively; and all fuch Regulations, Appointments, Salaries and Allowances, when so made and established, shall thereupon become and be in full Force and Effect in relation to the faid Offices refpectively; any thing contained in any Act or Acts of Parliament, or any Law or Laws, or Ufage, Custom or Practice to the contrary notwithstanding.

II. Provided always, That any Fees at prefent charged or chargeable for or in refpect of any of the faid Offices, or received or receivable according to Law in any of the faid Offices respectively, fhall continue to be received, and the fame fhall be applied in Payment of the Salary or Salaries, Allowance or Allowances, authorized by this A&t to be granted or made in each of the faid Offices in which fuch Fees fhall be received; and if any Balance of fuch Fees fhall remain, after paying and fatisfying fuch Salaries or Allowances refpectively, the fame shall be paid by fuch Officer or Officers fo to be appointed as aforefaid, once in every Three Months, into the Receipt of His Majefty's Exchequer, and go to and make Part of the Confolidated Fund of the United Kingdom of Great Britain and Ireland.

CA P. LXI.

An Act to abolish the Offices of the Wardens, Chief Justices and Justices in Eyre, North and South of Trent.

WHEREAS

[7th July 1817.] HEREAS the Office of Warden, Chief Justice and Justice in Eyre of His Majesty's Forests, Chases, Parks and Warrens North of Trent, and the Office of Warden, Chief Justice and Justice in Eyre of His Majefty's Forefts, Chases, Parks and Warrens South of Trent, are Offices of confiderable Emolument, and by reason of the Difafforefting of many of the great Forefts, and the enclofing of others of fuch Forefts, and the Regulations which • have from time to time been made relative to the Management of the Woods, Forefts and Land Revenues of the Crown, and the Rights appertaining thereto or connected therewith, the efficient • Duties of the faid Offices have in a great measure ceased, and the remaining Duties of fuch Offices may be otherwise provided for ' without Prejudice to the Rights of the Crown; and it is there•fore expedient that fuch Offices refpectively should, upon the Termination of the prefent exifting Interefts therein, be abolished:" May it therefore please Your Majefty that it may be enacted; and be it 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

10*

the