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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.
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,
unless claimed 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.
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 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
Excise or Jus
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
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
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, notwithstanding 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 poisoning 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 common 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, constructions, 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 loril or peer
7 & 8 G. 4, c. 28.
1 Edw. 6, c. 12, s. 13.
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 plead to such indictment, and shall upon conviction be liable
Felony liable 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.
One thousand eight hundred and forty-two, the making
[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 any 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.
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 Deron 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. Act to extend
III. And be it enacted, That this Act, and all the clauses, to Wardens of provisions, directions, and authorities therein contained, shall be Stannaries and construed to extend to the warden and special deputy wardens to Corps of
of the stannaries and corps of miners of Cornwall and Devon as Miners.
fully as if they were respectively and severally repeated in every such clause, provision, direction, and authority.
of Entail in Scotland, and to authorize the Sale of
[21st June, 1841.]
End of the then next Session of Parliament, the several
until the Fifth Day of April, One thousand eight hun-
[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 Compositions for Assessed Taxes until the Fifth Day of April, One thousand 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 Majesty King William the Fourth were continued until the fifth 4 & 5 W. 4, day of April, one thousand eight hundred and forty-two, and it c. 54. is expedient to continue the same for a further term of one year: 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 all contracts of composi- Compositions tion for the duties of assessed taxes now in force shall be and for Assessed
3 & 4 Vict. c. 38.
See Burn's Justice, tit. TAXES, ASSESSED.
Taxes conthe same are hereby continued in force for a further term of one
tinued for a year, to be computed from the fifth day of April one thousand
further Term eight hundred and forty-two, and to determine on the fifth day of One Year of April one thousand eight hundred and forty-three, under the ending the 5th same rules, regulations, and privileges as if such compositions April, 1843 ; did not by the laws now in force expire before the last mentioned day; and all the powers and provisions of the several Acts relating to or continuing such compositions, or for collecting or enforcing payment thereof, shall be extended and applied to the contracts of composition continued under this Act, to all intents and purposes, as if the same had been herein repeated and reenacted.
2. Provided always, and be it enacted, That this Act shall not except in cases extend to the contract or composition of any person who shall be where parties
shall give desirous of determining the same on the fifth day of April, one
notice to deterthousand eight hundred and forty-two, and who shall on or
mine the same before the tenth day of October, one thousand eight hundred and on the 5th forty-one, give notice thereof in writing to the assessor or col- April, 1842. lector of the parish or place, or to the surveyor acting in the execution of the Acts relating to the duties of assessed taxes for the district in which such composition shall be payable.
to complete the Contract for the Sale of York House,
[21st June, 1841.]
Cap. XXVIII. An Act to prevent Plaintiffs in certain frivolous Actions from obtaining their full Costs of Suit.
[21st June, 1841.] WHEREAS by an Act passed in the last session of parliament, intituled An Act to repeal part of an Act of the forty-third Year 3 & 4 Vict. of the Reign of Queen Elizabeth, intituled 'An Act to avoid c. 24. trifling and frivolous Suits in Law in Her Majesty's Courts in Westminster, and of an Act of the Twenty-second and Twentythird Year of the Reign of King Charles the Second, intituled * An Act for laying Impositions on Proceedings at Law;' and to