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CAP. XV.

An Act for the Erection at Edinburgh of a Monument to
the late Sir Walter Scott.
[18th May, 1841.]

CAP. XVI.

An Act to enable the Commissioners of Wide Streets to
sell, and Her Majesty to purchase, certain Heredita-
ments in the City of Dublin on the North Bank of the
River Anna Liffey.
[18th May, 1841.]

CAP. XVII.

An Act to abolish Arrest in personal Actions commenced
by Process of Subpoena at the Law Side of the Court
of Exchequer in Ireland.
[18th May, 1841.]

CAP. XVIII.

Seven clear

An Act to make further Provision for facilitating and
completing the Distribution and Payment of Com-
pensation for Slaves upon the Abolition of Slavery.
[18th May, 1841.]

CAP. XIX.

An Act for raising the Sum of Eleven Millions by Exchequer Bills, for the Service of the Year One thousand eight hundred and forty-one. [18th May, 1841.]

CAP. XX.

An Act to alter and amend certain Laws relating to the
Collection and Management of the Duties of Excise.*
[18th May, 1841.]

30. And be it enacted, That the notice of the time and place days' Notice to when and where any appeal to the barons of Her Majesty's be given of the Court of Exchequer, or to the Justices assembled at the quarter Hearing of an sessions of the peace, is to be heard, shall be given on the part Appeal. of the appellant to or left at the place of abode of the respondent seven clear days at least before such appeal is to be heard and determined.

Summons may

31. And be it enacted, That any summons, notice, order, or be served by other proceeding issued on any information exhibited before the commissioners of excise, or any Justice or Justices, for the recovery of any penalty or the enforcing of any forfeiture

Officers of

Excise.

*See Burn's Justice. tit. EXCISE.

incurred or to be recovered or enforced under any law or laws of excise, or on any appeal against any judgment of the commissioners of excise, or any Justice or Justices of the Peace, on any such information, may be served by any officer of excise or other person; and such service shall be good and legal service, any thing in any Act or Acts to the contrary notwithstanding.

unless claimed

32. And be it enacted, That all goods, commodities, chattels, Seizures under and things not exceeding fifteen pounds in value, which shall be 151. Value, seized as forfeited under the provisions of any Act or Acts in one Month, relating to the revenue of excise, and which shall not within the to be conspace of one month after the seizure thereof be claimed by the demned. owner, by application in writing either to the commissioners or the collector or supervisor of excise, or to the officer seizing or in whose custody the goods, commodities, chattels, or things seized shall be, shall be absolutely forfeited, as fully and effectually as if the same had been condemned by judgment of condemnation of Her Majesty's Court of Exchequer; and in all cases in which any such goods, commodities, chattels, or things seized shall be claimed by any person within such time as aforesaid, such proceedings shall be had for the condemnation thereof as in the case of other goods, commodities, or chattels or things seized as forfeited under any law or laws of excise: Provided always, that nothing herein contained shall extend or be construed to extend to restrict or affect the forfeiture of any goods, commodities, chattels, or things seized under the provisions of an Act passed in the second year of the reign of His late Majesty King William the Fourth, to consolidate and amend the laws for suppressing the illicit making of Malt and distillation of Spirits in Ireland.

Excise or Jus

33. And be it enacted, That no complaint of any over-charge Complaint of or over-payment of any duty of excise shall be made to the com- Overcharge missioners of excise within the limits of the chief office of excise, ment of Duty or Overpayor to any Justices of the Peace in any other part of the United not to be made Kingdom, by any person liable to the payment of any duty of to the Comexcise, in any case where the subject matter of such complaint missioners of shall be a question whether any goods or commodities are goods tices of the or commodities liable to be charged with a duty of excise, or are Peace, in Cases liable to a higher or lower rate of duty, or as to the mode or where the manner of charging the duty of excise on any goods or com- Question shall modities; and it shall not be lawful for the said commissioners be the Liaor justices to try or decide any such question on any such bility of Goods complaint, but all proceedings thereon, allowing any over-charge the Mode of or over-payment of duty, and all and every warrant issued in charging the pursuance thereof, shall be null and void, any thing in the said Duty. recited Act of the fifth year of the reign of His late Majesty King William the Fourth notwithstanding: Provided always, that where any person charged with any duty of excise shall question the legality of the charge, on the ground that the goods or commodities charged are not goods or commodities liable to a duty of excise, or are subject to a different rate of duty than the rate of duty charged, or on account of the mode or manner

to Duty, or

7 & 8 G. 4, c. 28.

1 Edw. 6,
c. 12, s. 13.

in which such duty shall have been charged, and shall, within six days after the return of the officer of excise, give notice to the commissioners of excise, or to the collector or supervisor of excise, within the limits of whose business such charge shall have been made, of his objection to the charge, and the ground of such objection, such person shall not be concluded by the return or charge of the officer of excise, but such person shall be at liberty, on any information filed or other proceedings taken to recover the payment of any duty or portion of duty charged on and refused to be paid by him, in his defence to dispute such charge, and his liability to the payment of the amount of duty specified therein, or of any portion thereof.

CAP. XXI.

An Act for rendering a Release as effectual for the Con-
veyance of Freehold Estates as a Lease and Release by
the same Parties.
[18th May, 1841.]

CAP. XXII.

An Act to remove Doubts as to the liability of Lords and
Peers of Parliament to punishment in certain cases of
Felony.*
[21st June, 1841.]
WHEREAS doubts have been entertained whether, notwith-
standing the provisions of an Act passed in the seventh and
eighth year of the reign of His late Majesty King George the
Fourth, intituled An Act for further improving the Administration
of Justice in Criminal Cases in England, so much of an Act
passed in the first year of the reign of His Majesty King Edward
the sixth, intituled An Act for the Repeal of certain Statutes
concerning Treasons and Felonies, as enacts "that in all and
every case and cases where any of the King's Majesty's Subjects
shall and may, upon his prayer, have the privilege of clergy as a
clerk convict that may make purgation, in all those cases and
every of them, and also in all and every case and cases of felony
wherein the privilege and benefit of clergy is restrained, excepted
or taken away by this Statute or Act, (wilful murder and poison-
ing of malice prepensed only excepted,) the lord or lords of the
parliament, and peer and peers of the realm having place and
voice in parliament, shall by virtue of this present Act, of com-
mon grace, upon his or their request or prayer alleging that he is
a lord or peer of this realm, and claiming the benefit of this Act,
though he cannot read, without any burning in the hand, loss of
inheritance, or corruption of his blood, be adjudged, deemed,
taken, and used, for the first time only, to all intents, construc-
tions, and purposes, as a clerk convict, and shall be in case of
a clerk convict which may make purgation, without any further
or other benefit or privilege of clergy to any such lord or peer

* See Burn's Justice, tit. CLErgy, Benefit of.

from thenceforth, at any time after, for any cause to be allowed, adjudged, or admitted, any law, statute, usage, custom, or any other thing to the contrary notwithstanding," may not, for some purposes, still remain in force: Be it therefore enacted by the Queen'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 so much of the said last-mentioned Act as is herein- Part of recited before recited shall from henceforth be repealed and utterly void, Act repealed. and no longer of any effect; and that every lord of parliament,

or peer of this realm having place and voice in this parliament, Peers conagainst whom any indictment for felony may be found, shall victed of Felony liable plead to such indictment, and shall upon conviction be liable to same to the same punishment as any other of Her Majesty's subjects Punishment are or may be liable upon conviction for such felony, any law or as other usage to the contrary in anywise notwithstanding. Subjects.

CAP. XXIII.

An Act to suspend until the Thirty-first Day of August, One thousand eight hundred and forty-two, the making of Lists and Ballots and enrolments for the Militia of the United Kingdom.* [21st July, 1841.] WHEREAS it is expedient to suspend for a further period the making of lists and the ballots and enrolments for the militia of the United Kingdom: Be it therefore enacted by the Queen'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 General and all general and subdivision meetings relating to the militia of the Subdivision United Kingdom, and all proceedings relating to the procuring lating to the Meetings reany returns, or preparing or making out lists of such militia, or Militia any part thereof, or relating to the ballotting for or enrolling any suspended. militia men or substitutes, or supplying any vacancies in such militia, shall cease and remain suspended until the thirty-first day of August one thousand eight hundred and forty-two, any thing in any Act or Acts to the contrary notwithstanding.

2. Provided always, and be it enacted, That it shall be lawful Proceedings for Her Majesty by any order in council to direct that any pro- may be had ceedings shall be had at any time before the expiration of such during such Suspension by period as aforesaid, either for the giving of notices and making Order in returns and preparing lists, and also for the proceeding to ballot Council. and enrol men for the filling up vacancies in the militia of the United Kingdom or any part thereof, as Her Majesty shall deem expedient; and upon the issuing of any such order all such proceedings shall be had for carrying into execution all the provisions of the Acts in force in England, Scotland, and Ireland respectively relating to the giving notices for and returns of lists, and for the ballotting and enrolling of men to supply any vacan

*See Burn's Justice, tit. MILITARY LAW.

Act to extend

to Wardens of

cies in the militia, and holding general and sub-division meetings for such purpose, at such time respectively as shall be expressed in any such order in council, or by any directions given in pursuance thereof to the lord lieutenants or deputy lieutenants acting for lord lieutenants of the several counties, shires, ridings, cities, and places in Great Britain, or to the governors and deputy governors of counties and places in Ireland, or to the warden and special deputy wardens of the stannaries; and all the provisions of the several Acts in force in England, Scotland, and Ireland respectively relating to the militia and corps of miners in Cornwall and Devon shall, upon any such order, and direction given in pursuance thereof, become and be in full force and be carried into execution at the period specified in such order or direction as aforesaid, with all such penalties and forfeitures for any neglect thereof, as fully as if such periods had been fixed in the Acts relating to such militia and miners.

III. And be it enacted, That this Act, and all the clauses, provisions, directions, and authorities therein contained, shall be Stannaries and construed to extend to the warden and special deputy wardens of the stannaries and corps of miners of Cornwall and Devon as fully as if they were respectively and severally repeated in every such clause, provision, direction, and authority.

to Corps of Miners.

3 & 4 Vict. c. 38.

CAP. XXIV.

An Act to amend an Act to grant certain powers to Heirs
of Entail in Scotland, and to authorize the Sale of
Entailed Lands for the Payment of certain Debts
affecting the same.
[21st June, 1841.]

CAP. XXV.

An Act to amend and continue for One Year, and to the
End of the then next Session of Parliament, the several
Acts relating to the importation and keeping of Arms
and Gunpowder in Ireland. [21st June, 1841.]

CAP. XXVI.

An Act to continue Compositions for Assessed Taxes
until the Fifth Day of April, One thousand eight hun-
dred and forty-three.*
[21st June, 1841.]
WHEREAS by an Act passed in the third and fourth years of
the reign of Her Majesty, intituled An Act to continue Composi-
tions for Assessed Taxes until the Fifth Day of April, One thou-
sand eight hundred and forty-two, the compositions for assessed
taxes entered into or renewed under the authority of an Act
passed in the fourth and fifth years of the reign of His late

See Burn's Justice, tit. TAXES, ASSESSED.

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