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tion, Letter of Attorney or other Writing, shall hereafter be produced on any such Trial, the Costs of producing the same shall not Costs of probe allowed on Taxation of Costs in any such Suit or Action, unless ducing the it shall be made appear, to the Satisfaction of the Officer who same. shall tax such Costs, that from the Nature of the Case to be proved, the production of such Bond, Affidavit, Certificate, Report, Exception, Letter of Attorney or other Writing on any such Trial was necessary, and not occasioned through any Neglect, Default or Delay in obtaining such Office Copy thereof as afore

said: Provided always, that nothing herein contained shall extend Proviso reto authorize the receiving in Evidence of such Office Copy or to specting Trials alter or affect any Evidence now required on the Trial of any In- for Felony, &c. dictment or Prosecution for Felony or Perjury, or other Offence or Misdemeanor.

VIII. And be it further enacted by the Authority aforesaid, That any Creditor or Creditors whose Debt or Debts is or are of a Nature and Amount sufficient to entitle him, her or them to Petition for a Commission of Bankruptcy to be issued against all the Partners of any Firm, may Petition for a Commission of Bankruptcy to be issued against Two or more Partners of such Firm; and that a Commission may be issued upon such Petition, which shall be valid at Law, to all Intents and Purposes whatsoever, notwithstanding it does not include all the Partners of which the Firm is composed.

IX. And be it further enacted by the Authority aforesaid, That if, after a Commission of Bankruptcy shall be issued against Two or more Members composing Part of a Firm, another Commission or other Commissions of Bankruptcy shall be issued against any

Joint Commissions may be issued against Two or more of the Partners in a Firm.

In such case, Prosecution of a Second or sion, stayed.

other Commis¬

One or more Members of such Firm not included in the Commission which first issued, such Second, Third or other Commission shall be directed to the Commissioners to whom the First Commission was directed; and immediately after the Declaration of Bankruptcy under such Second, Third or other Commission, the Commissioners or the major Part of them shall convey to the Assignee or Assignees chosen under the First Commission all the Estate, Real and Personal, of such Bankrupt or Bankrupts, in the same manner as if such Commission had first issued; and from and after such Conveyance all separate Proceedings under such Second, Third or other Commission shall be stayed, and it shall, without affecting the Validity of the First Commission, be annexed to and form Part of such First Commission: Provided Proviso for isalways, that the Lord Chancellor, Lord Keeper or Lords Com- suing other missioners of the Great Seal for the time being, may, if it to him Commissions. or them appear necessary, direct that such Second, Third or other Commission tot be issued to any other Commissioners, or that such Commission shall proceed, either separately or in conjunction with such First Commission, in the same manner as if such Second, Third or other Commission had alone issued.

+ Sic.

X. And be it further enacted by the Authority aforesaid, That Joint Creditors in case a joint Creditor or joint Creditors of Three or more Per- of Three or sons being Partners shall be the petitioning Creditor or Creditors in a Commission of Bankruptcy issued against Two or more Persons being Partners, as well such joint Creditor as any other joint Creditor shall be permitted to vote in the Choice of Assignees, and 3 GEO. IV.

Hh

to

more Partners may vote in the signees in certain cases.

Choice of As

Lord Chancellor may on' Petition authorize Assignees to use the

Names of Part

ners in Suits.

to assent to or dissent from the Signature of the said Bankrupt's Certificate in respect of his, her or their joint Debt or Debts; but neither the petitioning nor any other joint Creditor shall be permitted to receive any other Dividend out of the separate Estate of the said Bankrupt or Bankrupts until all the separate Creditors of the said Bankrupt or Bankrupts shall have received Twenty Shillings in the Pound on their respective Debts.

XI. And be it further enacted by the Authority aforesaid, That after an Assignee or Assignees has or have been chosen under any Commission which may be issued against One or more Member or Members of a Firm, it shall and may be lawful for the Lord Chancellor, Lord Keeper or Lords Commissioners for the Custody of the Great Seal, by Order upon Petition presented to him or them, to permit and authorize the Assignee or Assignees of the Estate and Effects of any such Bankrupt or Bankrupts to commence or prosecute any Action or Actions, Suit or Suits, or other Proceedings at Law or Equity, in the Name or Names of such Assignee or Assignees, and of the remaining Partner or Partners, against any Debtor or Debtors of the said Partnership, and shall and may recover and obtain such Judgment, Decree or Order therein, in the same manner as if such Action, Suit or Proceeding was instituted with the Consent of such Partner or Partners whose names shall be so used in such Action or Proceeding; and that if such Partner or Partners whose Names shall by such Order be so used shall attempt, by any Means whatsoever, to release the Debt or Demand for which such Action, Suit or Proceeding is instituted, such Release shall be null and void to all Intents and Purposes Partners whose whatsoever: Provided always, that the Partner or Partners whose Names shall be Name or Names is or are used in pursuance of such Order, and used in Suits, by whom no Benefit is claimed by virtue of the said Proceedings, shall be indemnified against the Payment of any Costs in respect thereof; and provided also, that in all Cases it shall be lawful for such Partner or Partners whose Name or Names is or are so used, to apply by Petition to the Lord Chancellor, Lord Keeper or Lords Commissioners of the Great Seal, praying that he, she or they may receive the Whole or such Part of the Proceeds of such Action, Suit or Proceeding to which he, she or they may be entitled, who shall thereupon make such Order as under all the Circumstances of the Case shall seem meet and just, and which shall be binding on all the Parties.

indemnified against Costs.

One Partner entitled may receive Allowance before others not entitled.

Proviso for

Ireland and
Scotland.
Public Act.

XII. And be it further enacted by the Authority aforesaid, That in all Commissions of Bankruptcy which shall hereafter issue against all or any of the Members of any Partnership, under which any One or more of the Persons against whom the Commission shall issue shall obtain his, her or their Certificate, and a sufficient Dividend be paid upon the joint Estate of the Firm, and the separate Estate of him, her or them who has or have obtained such Certificate, he, she or they shall be entitled to his, her or their Allowance, notwithstanding no Allowance may be due to any One or more of his, her or their Copartners.

XIII. And be it further enacted, That this Act shall not extend to those Parts of the United Kingdom called Ireland and Scotland. XIV. And be it further enacted, That this Act shall be deemed and taken to be a Public Act, and shall be judicially taken Notice

of

of as such by all Judges, Justices and others, without being specially pleaded.

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CA P. LXXXII.

An Act for reducing the Duties of Excise dayable upon Salt
in England, and repealing the Duties upon Salt (not being
Foreign Salt), and reducing the Duties upon Foreign Salt
payable in Scotland.
[26th July 1822.]

W Duties of Excise

Certain Duties on Salt re

duced, and other Duties on

Salt and Muriate of Potash and certain Bounties on salted in G. B.

WHEREAS it is expedient to reduce and alter the several Duties of Excise payable in Great Britain on Salt and Rock Salt, for the Period hereinafter mentioned, and finally to determine certain of the said Duties:' 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 from and after the Fifth Day of January One thousand eight hundred and twenty three, Thirteen Shillings of the Fifteen Shillings chargeable and payable by Law for every Bushel of Salt or Rock Salt, that shall be made at any Salt Work, or raised or taken out of any Salt Mine or Salt Pit in England; and the whole of the Duties chargeable and payable by Law for and upon Salt or Rock Salt, made at any Salt Work, or raised or taken out of any Salt Mine or Salt Pit in Scotland; and Seven Shillings of the Nine Shillings chargeable and payable by Law for every Bushel of Salt or Rock Salt brought from Scotland into England; and One Shilling of the One Shilling and Six Pence chargeable and payable by Law for every Hundred Weight of salted Beef or Pork, or Bacon or other Flesh, brought from Scotland into England; and Two Shillings of the Two Shillings and Six Pence chargeable and payable by Law for every Bushel of coarse and impure Rock Salt, delivered from any Rock Salt Pit or Mine, or Warehouse or Storehouse, for the Purpose of feeding or mixing with the Food of Sheep and Cattle, or steeping Seed, or preserving Hay, or being employed as Manure for Land; and Thirteen Shillings of the Fifteen Shillings chargeable and payable by Law for every Bushel of Salt or Rock Salt imported from Ireland into Great Britain; and Seventeen Shillings and Nine Pence of the Twenty Shillings chargeable and payable by Law for every Bushel of Salt, which shall be imported from beyond the Seas into Great Britain, and the several Bounties payable by Law on Beef or Pork salted in Great Britain, and exported to Foreign Parts; and the whole of the Duty chargeable and payable by Law for and upon Muriate of Potash, delivered byany Maker or Makers of Glass, for the Purpose of being used in the Manufacture of Alum, shall respectively cease and determine, and be no longer paid or payable, except as to any Arrear thereof, or the Recovery of any Penalty or Forfeiture incurred in respect thereof, on or before the said Fifth Day of January One thousand eight hundred and twenty three.

Beef and Pork

and exported, repealed.

II. And be it further enacted, That from and after the Fifth Duties to be Day of January One thousand eight hundred and twenty three, now payable. and until the Fifth Day of January One thousand eight hundred and twenty five, there shall be raised, levied, collected and paid in England unto His Majesty, His Heirs and Successors, the

Hh 2

several

several Rates and Duties of Excise hereinafter mentioned; (that is to say,)

For every Bushel of Salt or Rock Salt, that shall be made at any Salt Work, or raised or taken out of any Salt Mine, or Salt Pit in England, Two Shillings, being the Residue unrepealed of the aforesaid Duty of Fifteen Shillings payable on such Salt and Rock Salt.

For every Bushel of Salt or Rock Salt, which shall be brought or imported at any Time before the Fifth Day of January One thousand eight hundred and twenty five, from Ireland into Great Britain, or from Scotland into England, Two Shillings, being the Residue unrepealed of the aforesaid respective Duties of Fifteen Shillings and Nine Shillings, payable on Salt and Rock Salt so respectively brought or imported.

For every Hundred Weight of salted Flesh, brought or imported at any Time before the Fifth Day of January One thousand eight hundred and twenty five, from Scotland into England, Six Pence, being the Residue unrepealed of the aforesaid Duty of One Shilling and Six Pence, payable on such salted Flesh, to be paid when such salted Flesh is brought by Land into England, by the Person bringing the same, upon Entry thereof at the nearest Office of Excise in England; and if brought or imported by Sea, to be paid by the Importer before the Landing thereof.

For every Bushel of Foreign Salt, which shall be imported into Great Britain, at any Time before the Fifth Day of January One thousand eight hundred and twenty five, Two Shillings and Three Pence, to be paid by the Importer before the Landing thereof, being the Residue unrepealed of the aforesaid Duty of Twenty Shillings, payable on such Salt; and for every Bushel of Foreign Salt which shall be imported into Great Britain at any Time after the Fifth Day of January One thousand eight hundred and twenty five, Three Pence, to be paid by the Importer before the Landing thereof.

For every Bushel of Rock Salt, delivered for any Purpose of Agriculture, Six Pence, being the Residue unrepealed of the aforesaid Duty of Two Shillings and Six Pence payable on such Rock Salt. Duties to be III. And be it further enacted, That until the Fifth Day of paid in propor- January One thousand eight hundred and twenty five, in all cases tion to Quanwhere any Duty is by this Act required to be paid on any specific Quantity of Goods, Wares or Merchandize, the same shall be understood and deemed and taken to apply in the same Proportion, and after the same Rate, to any Quantity greater or less than such specific Quantity.

tity.

Salt Makers in Scotland to take out a Licence, paying for the same 20s.

IV. And be it further enacted, That all and every Maker and Makers of Salt in Scotland, shall, before he, she or they shall begin to make or refine Salt in Scotland, take out an Excise Licence, authorizing him, her or them to make or refine Salt in Scotland, and make Entry at the nearest Office of Excise, of the Premises used or intended to be used by him, her or them for making or refining Salt in Scotland, which Licence shall be granted in manner hereinafter mentioned; that is to say, if any such Licence to authorize the Person or Persons to whom the same shall be granted to make or refine Salt in Scotland, shall be granted within the Limits of the

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City of Edinburgh, the same shall be granted under the Hands and Seals of Two or more of the Commissioners of Excise in Scotland for the time being; or if any such Licence to authorize the Person or Persons to whom the same shall be granted, to make or refine Salt in Scotland, shall be granted out of the Limits of the City of Edinburgh, then the same shall be granted under the respective Hands and Seals of the Collectors and Supervisors of Excise in Scotland, within their respective Collections and Districts; and the Commissioners said Commissioners of Excise, or any Two or more of them re- &c. to grant spectively, and the Persons respectively to be appointed by the such Licences. said Commissioners of Excise, or the major Part of them, and also all such Collectors and Supervisors are hereby respectively authorized and required to grant such Licences to the Persons who shall apply for the same, on the Person or Persons applying for the same first paying the Sum of Twenty Shillings for every such Licence which shall be granted previous to the Fifth Day of January One thousand eight hundred and twenty three, to authorize the Person or Persons to whom the same shall be granted to make or refine Salt in Scotland. V. And be it further enacted, That the Money directed by this Act to be paid for such Licence, shall be paid for such Licence to such Persons as are hereinafter in that Behalf respectively mentioned, that is, such thereof as shall be paid for any Licence which shall be taken out within the Limits of the City of Edinburgh, shall be paid at the chief Office of Excise in Edinburgh; and such thereof as shall be paid for any Licence which shall be taken out in any Part of Scotland, not within the said Limits, shall be paid to the Collector of Excise in whose respective Collection such Licence shall be granted.

Where the

Money for
Licences to be

paid.

VI. And be it further enacted, That until the Fifth Day of January Licences to be One thousand eight hundred and twenty five, no Person or Persons renewed anshall begin to make or refine Salt in Scotland, after the Expiration nually. of such his, her or their Licence, unless such Person or Persons shall take out a fresh Licence for the like Purpose, in the manner hereinbefore directed, Ten Days at the least before the Expiration of such former Licence, and so in like manner renew every such Licence from Year to Year: and if any Person or Persons shall make or refine Salt in Scotland, without taking out a Licence authorizing him, her or them so to do, or renewing the same as hereinbefore in that behalf directed, or without making such Entry as aforesaid, the Person or Persons so offending shall for every such Offence forfeit and lose the Sum of Two hundred Pounds. VII. And be it further enacted, That every Licence to be granted Licence to be under or by virtue of this Act, shall remain and continue in force for one Year. for One Year next ensuing the granting thereof, and no longer:

any

Making or refining Salt

without Licence, Penalty,

2001.

Provided always, that Persons in Partnership, and carrying on the One Licence Trade or Business of making or refining Salt in Scotland in One sufficient for Work or Place only, shall not be obliged to take out more than One Partners. Licence in One Year for so doing: and no One Licence which Licence only shall be granted by virtue of this Act, shall authorize or empower to extend to any Person or Persons to make or refine Salt in Scotland in any One House or Work or Place except the Work and Place whereof Entry shall Place. have been made by such Person or Persons for that Purpose, at

the Office of Excise, in his, her or their own Name or Names, at

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