such place or in such manner as shall interfere with the proper discharge of his ordinary duties as clerk of the peace, nor shall he be called upon to produce any books, maps, papers, or other documents the production of which can in any way injuriously affect the interests of each such county.

of the Coun

6. And be it enacted, That it shall be lawful for any such per- Boundaries son appointed by such Justices as aforesaid, or any officer or ties to be other person appointed by and acting under the orders of the ascertained,

&c.

master general and board of ordnance, at the time mentioned in &c., and any such notice, accompanied by the clerk of the peace for the marked out by county the reputed boundaries of which are to be defined and Posts, Stones, marked out, and by the clerk of the peace of any county adjoining thereto, or by such inhabitants as aforesaid, and 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, clerk of the peace and other persons, is and are hereby authorized and required to perambulate the boundaries of such county, for the purpose of surveying, ascertaining and marking the same, according to the best of their power and information; and for that purpose it shall be lawful for 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, clerk of the peace, and other persons, to call on any inhabitant of any such counties to assist them in so doing; and when it shall appear to 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, that the reputed boundaries of any such county are sufficiently ascertained, such boundaries shall be marked out by 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 such manner as may be necessary, by the putting down of any posts, blocks, or bolts of wood, metal, or stone, or by the affixing of any marks on or against any church, chapel, bridge, house, or other public or private building or post, and with such distinguishing letters or figures as 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, shall think fit and proper for the occasion.

7. And be it enacted, That if any person not duly authorized Penalty on shall take away, remove, or displace, or alter the situation of removing or any defacing boundary stone, post, block, bolt, or mark which shall be set up Boundary and placed for the purposes of this Act, or shall wilfully deface, Stones, &c. mutilate, break, or destroy any such boundary stone, post, block, bolt, or mark, every person so offending shall forfeit and pay a sum not exceeding ten pounds and not less than two pounds, in discretion of the Justice, or other judge, officer, or court before whom such offender shall be convicted.

Penalty on obstructing Survey, &c.

Allowance to Parties, &c. attending to point out Boundaries.

Payments for
Damage, how

to be made.

Penalty on

Parties, &c.

8. And be it enacted, That if any person shall wilfully obstruct or hinder any 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 his duty in or about the ascertaining and marking out of the boundaries of any county under the provisions of this Act, or shall in any way resist 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 performance of his duty under this Act, or shall obstruct, hinder, assault, or resist any clerk of the peace, or any workman or other person acting in aid of any 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 this Act, every person so offending shall forfeit and pay a sum not exceeding ten pounds and not less than two pounds, in the discretion of the Justice or other judge or officer before whom such offender shall be convicted.

9. And be it enacted, That every person who shall, in pursuance of notice from any 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, attend and accompany any other person appointed by such Justices as aforesaid, or any officer or such person appointed by and acting under the orders of the master general and board of ordnance, in the ascertaining, surveying, and marking out the boundary of any county under the provisions of this Act, shall receive, and shall be entitled to receive, for his trouble and loss of time, such sum of money or allowance as the master general and board of ordnance shall think fit, for every day during which such person shall be employed by or engaged with 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 this Act, upon a certificate to be signed by 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.

10. And be it enacted, That the amount of damage sustained by the occupiers of grounds, lands, heritages, or owners of trees, as aforesaid, and the allowance to be made to the said 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, and to such other persons as aforesaid, shall be paid by the board of ordnance out of the aids granted to such board by parliament.

11. And be it enacted, That if any clerk of the peace, or other person, who shall be summoned or required in manner hereinnot attending, before directed, by any person appointed by such Justices as

Boundaries.

aforesaid, or any officer or other person appointed by and acting or not pointunder the orders of the master general and board of ordnance, to ing out attend 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 this Act, shall refuse or neglect or omit to attend 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, or shall refuse or neglect or omit to inform and point out, to the best of his knowledge, to 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, the boundaries of any county, or shall wilfully make any false statement or misstatement with respect to any such boundaries, or shall wilfully refuse or neglect or omit to give any information in the power of such clerk of the peace or other person to give or afford with respect to any such boundaries, every such clerk of the peace or other person so offending shall forfeit and pay a sum not exceeding ten pounds and not less than two pounds, in the discretion of the Justices, or other judge, officer, or court before whom such offender shall be convicted.

any

affect any

12. And be it enacted, That this present Act, or any clause, Act not to matter or thing herein contained, shall not extend, or be deemed Boundaries or or be construed to extend, to ascertain, define, alter, enlarge, Rights of increase or decrease, nor in any way to affect, any boundary or Property. boundaries of any county, city, borough, town, parish, burghs royal, parliamentary burghs, burghs of regality and barony, extra-parochial and other places, districts, and divisions, by whatsoever denomination the same shall be respectively known or called, nor the boundary or boundaries of land or property, with relation to any owner or owners, or claimant or claimants of any such land respectively, nor to affect the title of any such owner or owners, or claimant or claimants respectively, in or to or with respect to any such lands or property, but that all right and title of any owner or claimant of any land or property whatever within any hundred, parish, or other division or place whatever, shall remain to all intents and purposes in like state and condition as if this Act had not been passed; any description of any such land, with reference to any such hundred, parish, or other division or place whatever, or otherwise, or any thing in this Act contained, or any law, custom, or usage, to the contrary in anywise notwithstanding.

Justices of the

13. And be it enacted, That all penalties and forfeitures Recovery of inflicted or imposed by this Act shall and may be recovered in Penalties a summary way by the order and adjudication of any two Justices before Two of the Peace for the county or place, or of the sheriff or court of Peace, Sheriff, deemsters, in which such penalty shall be incurred, on complaint Deemsters, &c. to them for that purpose exhibited, and shall afterwards be levied, as well as the costs of such proceedings, in case of non

Application.

Plea of General Issue.

payment, by distress, poinding, or other legal process, and sale of the goods and chattels of the offender or offenders, or person or persons liable to pay the same, by warrant under the hand and seal of such Justices and of such sheriff, or hand and seal of the Court of Deemsters, or other legal process; and such Justices, sheriff, and court respectively are hereby authorized and required to summon before them any witness or witnesses, and to examine such witness or witnesses upon oath (or affirmation), of and concerning all offences, penalties, and forfeitures under this Act, and to hear and determine the same; and the overplus (if any) of the money so levied or recovered, after discharging the fine, penalty, or forfeiture for which such warrant or other legal process shall be issued, and the costs and expences of recovering and levying the same, shall be returned, upon demand, to the owner or owners of the goods or chattels so seized or distrained; and in case such penalties or forfeitures shall not be forthwith paid upon conviction, then it shall be lawful for such Justices, sheriff, or court respectively to order the offender or offenders so convicted to be detained and kept in safe custody until return can be conveniently made to such warrant of distress or poinding, or other legal process, unless the offender or offenders shall give sufficient security, to the satisfaction of such Justices, sheriff, or deemsters, for his or their appearance before such Justices, sheriff, or other proper officers, on such day or days as shall be appointed for the return of such warrant of distress or poinding, or other legal process, such day or days not being more than seven days from the time of taking any such security, and which security the said Justices, sheriff, or deemsters respectively are hereby empowered to take by way of recognizance, caution, or otherwise; but if upon return of such warrant it shall appear that no sufficient distress can be had thereupon, then it shall be lawful for such Justice, or any two Justices of the Peace for such county or place as aforesaid, or for such sheriff or deemsters, and they are hereby authorized and required, by warrant under their hand and seal, or under the hand of such sheriff, or other legal process, to cause such offender or offenders to be committed to the gaol of such county or place, there to remain, without bail or mainprize, for any term not exceeding two calendar months, unless such penalties or forfeitures respectively, and all reasonable charges, shall be sooner paid and satisfied; and such penalties and forfeitures, when so levied, shall be paid and applied to the use of any infirmary or charitable institution in the said county in which such offence shall be committed, in such manner as such Justices, sheriff, or deemsters respectively shall direct and appoint.

14. And be it enacted, That if any person shall be sued or prosecuted for any thing done or executed in pursuance of this Act, or of any clause, matter, or thing herein contained, such person may plead the general issue, and give the special matter in evidence for his defence.

15. And be it enacted, That in construing this Act the word Interpretation "county" shall be taken to include hundred, city, borough, town, Clause. parish, burghs royal, parliamentary burghs, burghs of regality and barony, extra-parochial and other places, districts, and divisions, by whatsoever denomination the same respectively shall be known or called; and that the words "clerk of the peace" shall be taken to include any person executing the duties of clerk of the peace, sheriff clerk, sheriff clerk depute, and steward clerk depute, churchwarden, parochial or any public officer, of any county, ward, parish, hundred, wapentake, division, or districts in England, Scotland, or Berwick upon Tweed, and setting quest and moars of any parish and the great inquest of every sheading in the Isle of Man; and that every word importing the singular number shall, when necessary to give full effect to the enactments herein contained, be deemed to extend and be applied to several persons or things as well as one person or thing; and that every word importing the masculine gender shall, when necessary, extend and be applied to a female as well as a male.

16. And be it enacted, That in Scotland the sheriff clerk shall, Sheriff's Clerk instead of the clerk of the peace, perform the duties hereby im- in Scotland to posed upon the clerk of the peace in reference to England of furnish lists. furnishing the lists of burghs, cities, towns, parishes, wards, districts, divisions, and places within any county, and shall be liable in the penalties hereby imposed in case of neglect or refusal so to do.

Scotland to

17. And be it enacted, That in Scotland the sheriff shall, as Sheriff and regards the boundaries of the county, and the wards, districts, Magistrates of parishes, and other divisions thereof, upon application made to Burghs in him by the officer appointed by the master general and board of appoint Perordnance for that purpose, appoint a fit and proper person or sons to attend persons to attend the officer appointed by the master general and the Surveyor. board of ordnance, to point out such boundaries, and aid him in the execution of this Act; Provided always, that as regards the boundaries of any royal or parliamentary burgh, city, or town, the magistrates and council thereof shall upon application made to them by the officer appointed by the master general and board of ordnance as aforesaid, appoint a fit and proper person or persons to attend him for the purposes aforesaid; and if any of the persons to be so appointed by the sheriff and magistrates and council respectively, and accepting the appointment, shall neglect or refuse to attend and aid in the execution of this Act in the manner herein required, such persons shall be liable in the penalties hereby imposed upon the clerk of the peace or other person neglecting or refusing so to do in England.

18. And be it enacted, That all the powers in this Act con- Duration of tained shall cease and determine on the thirty-first day of Act. December, one thousand eight hundred and forty-six.

19. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed in this session of parliament.

repealed this

Session.