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3 & 4 Vict.

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the said Act of the twenty-second and twenty-third of Charles the Second as relates to costs in personal actions, was repealed : And whereas it is expedient to remove all doubt whether plaintiffs in actions which had been commenced, and wherein verdicts had been returned before the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 Repeal of 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be and is hereby repealed, so far as the same repeals or may be c. 24, as to

deemed to repeal the said statute of the forty-third of Elizabeth, Actions wherein Verdicts had or the said statute of the twenty-second and twenty-third of been returned Charles the Second, in respect to actions wherein verdicts had before it

been returned before the passing of the said Act of the last passed.

session. Plaintiff's 2. And be it enacted, and it is hereby enacted and declared, Costs in case

That no plaintiff who had before the passing of the said Act of of a Verdict for less than

last session obtained a verdict for a less amount of damages than 408.

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 Kingdom, for the Service of the Year One thousand eight hundred and forty-one.

[21st June, 1841.]

CAP. XXX.
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

Justices at 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

ascertaining Justices assembled at any quarter sessions, or adjournment thereof,

the Boundaheld 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

Persons proand maps as aforesaid : Provided always, that if any person shall produce any false, forged, untrue, or fabricated ducing fabri

cated appointappointment, every such person shall forfeit and pay the sum of ments to fifty pounds.

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

fix Boundaries. and under the orders of such person, and for any officer or person

such surveys

forfeit 501.

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 Where it is be completed according to the directions of this Act: Provided necessary to always, that in every case in which it shall be necessary to any fix any Mark

person appointed by the Justices as aforesaid for any officer or in any Garden, &c. the Occu- other person appointed by and acting under the orders of the pier may

master general and board of ordnance, or his or their assistant or employ a Per- assistants, to fix any such object, post, stone, or boundary mark son to fix it.

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 : Probe made for vided also, that such person appointed by the Justices as aforesaid, Damages. 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 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 Sheriffs 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.

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

deliver to Suras aforesaid, or by any officer or other person appointed by and 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,

Parishes, &c. 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

veyor a list of

veyor on

of the Justice or other judge, officer, or court before whom such

offender shall be convicted, Clerk of the 5. And be it enacted, That for the purpose of surveying, ascerPeace shall taining, and marking out the reputed boundaries of any such attend Sur

county, it shall be lawful for any such person appointed by such

Justices as aforesaid, or any officer or other person appointed by Twenty Days Notice of and acting under the orders of the master general and board of defining the

ordnance within such county, and such person appointed by such Boundaries of Justices as aforesaid, or any officer or other person appointed by Counties, &c. such Justices as aforesaid, or any officer or other person appointed

by and acting under the orders of the master general and board of ordnance, is hereby authorized and empowered, by notice in writing signed with his name, and directed and delivered to any such clerk of the peace, to require the attendance of any and every such clerk of the peace in or for any and every such county, or in and for any adjoining county, either in the same or any adjoining county, at such time (not being less than twenty-one days after the date of such notice) and at such place as shall be specified in such notice, and to produce to such person appointed by such Justices as aforesaid, or such officer or other person appointed by or acting under the master general and board of ordnance, any books, maps, papers, or other documents, in his custody or possession as such clerk of the peace, which such person may require for the purpose of carrying this Act into execution, at which time and place every such clerk of the peace shall and he is hereby required to attend upon such person accordingly, and to aid and assist such person appointed by such Justices as aforesaid, or any officer or other person appointed by

and acting under the orders of the master general and board of On Failure of ordnance, in the execution of this Act; and in case it shall happen Clerk of the that there shall not be

any
clerk of the

peace

for

any such county Peace attend- or adjoining county, or being such any such officer shall omit or ing, two

neglect to attend at the time and place mentioned in any such Inhabitants

notice, then and in such case it shall be lawful for any such may be required to person appointed by such Justices as aforesaid, or any officer or attend. other person appointed by and acting under the orders of the

master general and board of ordnance, by like notice, to require any two or more inhabitants of any such county to attend in the place and stead of such clerk of the peace; and every such inhabitant to whom any such notice shall be directed and delivered shall and he and they is and are hereby required to attend upon such person appointed by such Justices as aforesaid, or any officer or other person appointed by and acting under the orders of the master general and board of ordnance, accordingly, and to assist such person appointed by such Justices as aforesaid, or any officer or other person appointed by and acting under the orders of the master general and board of ordnance, in the execution of the purposes of this Act : Provided always, that no clerk of the peace shall be obliged to attend as herein directed at such time or at

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