Page images
PDF
EPUB

further Term

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 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 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 desirous of determining the same on the fifth day of April, one shall give thousand eight hundred and forty-two, and who shall on or mine the same notice to deterbefore the tenth day of October, one thousand eight hundred and 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.

CAP. XXVII.

An Act to enable Her Majesty's Commissioners of Woods to complete the Contract for the Sale of York House, and to purchase certain Lands for a Royal Park.

CAP. XXVIII.

[21st June, 1841.]

An Act to prevent Plaintiffs in certain frivolous Actions from obtaining their full Costs of Suit.

[21st June, 1841.]

on the 5th

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

с

make further Provisions in lieu thereof, the said Act of the fortythird of Elizabeth, so far as it relates to costs in actions of trespass or trespass on the case, and so much of the said Act of the twenty-second and twenty-third of Charles the Second as relates to costs in personal actions, was repealed: And whereas it is expedient to remove all doubt whether plaintiffs in actions which had been commenced, and wherein verdicts had been returned before the passing of the said Act of the last session for less damages than forty shillings, may not still be entitled to their full costs of suit, contrary to the manifest intention of the same; 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 the said Act of the last session shall be and is hereby repealed, so far as the same repeals or may be deemed to repeal the said statute of the forty-third of Elizabeth, or the said statute of the twenty-second and twenty-third of been returned Charles the Second, in respect to actions wherein verdicts had been returned before the passing of the said Act of the last session.

Repeal of 3 & 4 Vict. c. 24, as to

Actions where

in Verdicts had

before it

passed.

Plaintiff's

Costs in case of a Verdict for less than 40s.

2. And be it enacted, and it is hereby enacted and declared, That no plaintiff who had before the passing of the said Act of last session obtained a verdict for a less amount of damages than forty shillings shall now be entitled to full costs, unless he was so entitled immediately before the passing of the said Act of last session: Provided nevertheless, that if any such plaintiff shall have proceeded, since the passing of the said last-mentioned Act, and before the third day of May, one thousand eight hundred and forty-one, to tax his full costs on any such verdict so obtained for less than forty shillings, nothing in this Act contained shall deprive such plaintiff of any remedy thereon which he may now have for the recovery thereof; but it shall be lawful for such court or judge, on the application of any defendant in such action, to stay all the proceedings on such application, upon payment of such costs as such court or judge shall think fit.

CAP. XXIX.

An Act for granting to Her Majesty, until the Fifth Day
of July, One thousand eight hundred and forty-two,
certain Duties on Sugar imported into the United King-
dom, for the Service of the Year One thousand eight
hundred and forty-one.
[21st June, 1841.]

CAP. XXX.

Justices at

An Act to authorize and facilitate the Completion of a Survey of Great Britain, Berwick upon Tweed, and the Isle of Man. [21st June, 1841.] WHEREAS several counties in that part of the United Kingdom called England have been surveyed by officers appointed by the master general and board of ordnance, and it is expedient that general surveys and maps of England, Scotland, Berwick upon Tweed, and of the Isle of Man, should be made and completed by officers in like manner appointed; and that the boundaries of the several counties in England and Scotland, and of Berwick upon Tweed and of the Isle of Man, should be ascertained and marked out; 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 from and after the passing of this Act, for the purpose of enabling the master general Quarter Sesand board of ordnance to make and complete such surveys and sions to apmaps of England, Scotland, Berwick upon Tweed, and the Isle of point Persons Man, in manner aforesaid, it shall and may be lawful for the to assist in Justices assembled at any quarter sessions, or adjournment thereof, the Bounda ascertaining held in and for any county, riding, or division in England, Scot- ries of Counland, Berwick upon Tweed, and the Isle of Man, upon the applica- ties, Cities, tion in writing of any officer appointed by the master general and Boroughs, &c. board of ordnance for the purposes of this Act, such application to be transmitted to the clerk of the peace fourteen days at the least before the holding of the court at which such application shall be considered, who shall cause notice of such application to be inserted in the newspapers in which county advertisements are commonly inserted seven days at the least before the holding of such court, to nominate and appoint one or more fit and proper person or persons to aid and assist, when required, any officer appointed as aforesaid in examining, ascertaining, and marking out the reputed boundaries of each county, city, borough, town, parish, burghs royal, parliamentary burghs, burghs of regality and barony, extra-parochial and other places, districts, and divisions, in England, Scotland, Berwick upon Tweed, and the Isle of Man; and such person shall from time to time act under and obey such directions as he shall receive from the officer or other person appointed by the master general and board of ordnance to make such surveys and maps as aforesaid: Provided always, that if any person shall produce any false, forged, untrue, or fabricated appointment, every such person shall forfeit and pay the sum of fifty pounds.

Persons pro

ducing fabricated appointments to

forfeit 501.

2. And be it enacted, That for the execution of the purposes of Surveyor, &c. this Act it shall and may be lawful for any person appointed by empowered to the Justices as aforesaid, and for any other person acting in aid enter Lands to and under the orders of such person, and for any officer or person

fix Boundaries.

Where it is necessary to fix any Mark

appointed by or acting under the orders of the master general and board of ordnance, and they are hereby respectively authorized and empowered, from time to time, after notice in writing of the intention of entering shall have been given to the owner or occupier, as the case may be, to enter into and upon any estate or property of any county, or of any body politic or corporate, ecclesiastical or civil, or into and upon any land, ground, or heritages of any person or persons whomsoever, for the purpose of making and carrying on any survey authorized by this Act, or by the order of the master general and board of ordnance, and for the purpose of fixing any mark or object to be used in the survey, or any post, stone, or boundary mark whatsoever, and to fix and place any such object, post, stone, or boundary mark in any such estate or property, land or ground, or heritages, and to dig up any ground for the purpose of fixing any such object, post, stone, or boundary mark, for such object or purpose, and also to enter upon any estates or property, lands, grounds, or heritages, through which any such person appointed by the Justices as aforesaid, and any officer or other person appointed by and acting under the orders of the master general and board of ordnance, shall deem it necessary and proper to carry any boundary line for the purposes of this Act at any reasonable time in the day, until the surveying, ascertaining, and marking out of any reputed boundary line shall be completed according to the directions of this Act: Provided always, that in every case in which it shall be necessary to any in any Garden, person appointed by the Justices as aforesaid for any officer or other person appointed by and acting under the orders of the master general and board of ordnance, or his or their assistant or assistants, to fix any such object, post, stone, or boundary mark within any walled garden, orchard, or pleasure ground, such person appointed by the Justices aforesaid, or any officer or other person appointed by and acting under the orders of the master general and board of ordnance, or his or their assistant or assistants, shall give three days notice to the occupier of such garden, orchard, or pleasure ground, of his intention so to do, and it shall be lawful for such occupier to employ any person whom he may think fit to fix such object, post, stone, or boundary mark within such garden, orchard, or pleasure ground, at such time, in such place or places, and in such manner as such person appointed by the Justices as aforesaid, or any officer or other person appointed by and acting under the orders of the master general and board of Satisfaction to ordnance, or his or their assistant or assistants, shall direct: Provided also, that such person appointed by the Justices as aforesaid, or any officer or other person appointed by and acting under the orders of the master general and board of ordnance, or his or their assistant or assistants, and workmen, shall do as little damage as may be in the execution of the several powers to them granted by this Act, and shall make satisfaction to the owners or occupiers (as the case may require) of such lands, grounds, and heritages, or owners of trees, (as the case may require,) which

&c. the Occupier may

employ a Person to fix it.

be made for Damages.

shall be in any way hurt, damaged, or injured, for all damages to be by them sustained in or by the execution of all or any powers of this Act, in case the same shall be demanded: Provided always, that in case of dispute between the said person appointed by the Justices as aforesaid, or any officer or other person appointed by and acting under the orders of the master general and board of ordnance, on the one hand, and the owner or occupier (as the case may be), on the other hand, as to the amount of damage sustained, the same shall be ascertained and determined by any two or more Justices in petty sessions assembled of the county in which the lands, grounds, heritages, or trees may be situate: Pro- Appeal to vided always, that any owner or occupier as aforesaid, who shall Quarter think himself aggrieved by the decision of the Justices, may ap- Sessions. peal against such decision to the Justices of the said county in quarter sessions assembled, who shall hear and determine such appeal, and shall increase or diminish the amount of damages awarded by the Justices in petty sessions, and shall award costs for or against the appellant, as the justice of the case shall seem to them to require: Provided always, that such appeal shall be prosecuted at such quarter sessions as shall be holden not less than twenty-one days nor more than four calendar months after the decision of the Justices in petty sessions: Provided further, that any person so appealing shall give notice to the clerk of the said Justices in petty sessions, within seven days of their decision, of his intention to appeal against their decision, and shall enter into sufficient recognizance to prosecute such appeal.

3. And be it enacted, That the amount of the damages for Sheriff's in which compensation is provided under this Act shall, in Scotland Scotland to be ascertained and determined by the sheriff or steward of the settle the county or stewartry, whose decision in the matter shall be final Amount of Compensation. and conclusive, and not subject to review, by suspension, advocation, reduction, or otherwise.

deliver to Sur

Parishes, &c.

4. And be it enacted, That the clerk of the peace of each and Clerk of the every county shall, within twenty-one days after he shall be there- Peace of each unto required in writing by any person appointed by the Justices County shall as aforesaid, or by any officer or other person appointed by and veyor a list of acting under the master general and board of ordnance, prepare all the Cities, and deliver to such person appointed by such Justices as aforesaid, Towns, Boor any officer or other person appointed by and acting under the roughs, orders of the master general and board of ordnance, a list con- within the taining the names and descriptions of the several hundreds, cities, County, on boroughs, burghs, towns, parishes, or other places within such Penalty of 101. county; and each such clerk of the peace shall be paid by the said board adequate remuneration for his trouble, and for any expences incurred by him in pursuance of such requisition; and if any clerk of the peace shall refuse or neglect or omit to make or deliver such list, in compliance with the request of such surveyor, every such clerk of the peace so offending shall forfeit a sum not exceeding ten pounds and not less than two pounds, in the discretion

« PreviousContinue »