falaries where the office of gaoler, or keeper of the faid gaols or penitentiary houses, by means of any fuch regulation of fees, or by the difallowing any fuch charges on the county rate, or any part thereof, as well as for and in lieu of all or any part of the profits and emoluments that have ufually arifen from the office of gaoler or keeper, the said justices fo affembled as aforefaid are hereby further authorised and impowered to grant fuch falaries and allowances and may grant to the faid gaoler or keeper, and to his affiftants, as to the faid emoluments juftices fhall appear reasonable and fatisfactory, and from time to are diminishtime to alter and vary the fame as they fhall think fit; and to or- ed. der and direct the faid falaries and allowances to be paid out of the county rate, by the treasurer of the county, riding, or divifion, upon an order or orders, figned by the chairman of any general or quarter feffions of the peace held for the county, riding, or divifion, specifying the falary and allowance fo directed to be paid: provided always, That no fuch regulation of fees and Regulation of charges, or any fubfequent alteration thereof, or any variation in fees affecting fuch falaries and allowances fo granted, that may in anywife affect be confented the fheriff or his officers, fhall take place or have effect pending to by him, or the continuance in office of the fheriff who fhall be actually in not to take commiffion at the time of making fuch regulation, or any altera- place during tion thereof, or of varying fuch falaries and allowances, unless fuch fheriff fhall, by writing under his hand, consent thereto; and Juftices may the faid juftices, in granting to any gaoler or keeper any fuch fa- ftipulate with lary or allowance, may ftipulate, as a condition of the payment gaolers for thereof, that he do regularly obferve and keep the rules and orders payment of falaries, which of the gaol: and it is hereby further exprefsly provided, that no such salary and allowance fhall be paid out of fuch county rate to any woman, or other perfon incapable of executing the office in fons incapable perfon, who may at any time be appointed gaoler or keeper of of executing fuch gaol. the sheriff, to his continuance in office. are no given to per the office. XVI. And be it further enacted, That all fines, forfeitures, and How penalties penalties, inflicted by this act, or which fhall be inflicted by virtue are to be reof any rule or order to be made in pursuance thereof, the levying covered and and recovering of which are not particularly herein directed, thall applied. be levied by diftrefs and fale of the offender's goods and chattels, by warrant under the hands and feals of two juftices of the peace, who are hereby authorised to hear and examine witneffes on oath or affirmation, and determine the fame; and all fuch respective fines, forfeitures, and penalties, by this act impofed and inflicted, or authorised to be impofed and inflicted, the application whereof is not herein-before particularly directed, fhall be paid from time to time to the treasurer of the county, riding, or divifion, for the time being, and fhall be applied and difpofed of for the purposes of this act, and to or for no other ufe or purpose whatsoever; and the overplus of the money raised by fuch fale, after deducting the. penalty, and the expences of the diftrefs and fale, fhall be rendered to the owner of the goods fo diftrained and fold; and for Offenders may want of fufficient diftrefs the offenders fhall be committed by be committed fuch justice to some prifon for the faid county, riding, or divifion, to prifon for want of dif. for trefs. A a 2 Form of conviction. Perfons aggrieved may appeal to the quarter fefLions, &c. No proceedings to be quashed for want of form, for fuch term, not exceeding three calendar months, nor less than one calendar month, as fuch juftices fhall think proper. XVII. And, for the more eafy and speedy conviction of offenders against this act, be it further enacted, That all and every the juftice or juftices of the peace, before whom any perfon or perfons fhall be convicted of any offence against this act, fhall and may cause the conviction to be drawn up in the following form of words, or in any other form of words to the fame effect, as the case shall happen; videlicet: B E it remembered, That on year of our Lord one thousand feven hundred in the A. B. is convicted before me C. D. one of his Majefty's juftices of the XVIII. Provided always, and be it further enacted, That if any perfon fhall think himself or herself aggrieved by any thing done in pursuance of this act, and for which no particular method of relief hath been already appointed, fuch perfon may appeal to the juftices of the peace at any general or quarter feffions of the peace, within four calendar months after the cause of such complaint fhall have arisen; fuch appellant firft giving or caufing to be given feven clear days notice at least, in writing, of his or her intention to bring fuch appeal, and of the matter thereof, to the juftice or juftices of the peace before whom the conviction fhall have been had, and to the clerk of the peace for the county, riding, or divifion, in which fuch offence fhall be tried, and within two days after fuch notice, enter into recognizance before fome juftice of the peace for the faid county, with two fufficient fureties, conditioned to try fuch appeal, and abide the order of, and to pay fuch costs as fhall be awarded by, the juftices at fuch quarter feilion; and the juftices at fuch feffion, upon due proof of fuch notice being given as aforefaid, and of the entering into fuch recognizance, fhall hear and finally determine the caufes and matters of fuch appeal in a fummary way, and award fuch costs to the parties appealing, or appealed againft, as they the faid juftices fhall think proper, and the determination of fuch quarter feffion fhall be final, binding, and conclufive, to all intents and purposes. XIX. And be it further enacted, That no order made touching or concerning any of the matters in this act contained, or any proceedings to be had touching the conviction or convictions of any offender or offenders against this act, fhall be quashed for want of form, or be removed or removeable by certiorari, or any other writ or process whatsoever, into any of his Majesty's courts of record at Westminster; and that where any diftrefs fhall be made for any fum or fums of money to be levied by virtue of this act, act, the distress itself shall not be deemed to be unlawful, nor the party or parties making the fame be deemed a trefpaffer or trefpaffers, on account of any defect or want of form in the fummons, conviction, warrant of distress, or other proceedings relating thereto, nor fhall fuch party or parties be deemed a trefpaffer or trefpaffers ab initio, on account of any irregularity which hall be afterwards done by the party or parties diftraining; but the perfon or perfons aggrieved by fuch irregularity shall and may recover full fatisfaction for the fpecial damage (if any) in an action upon the cafe; but no plaintiff or plaintiffs fhall recover in any action for fuch irregularity as aforefaid, if tender of fufficient amends hath been made, by or on behalf of the party dif training, before fuch action brought. XX. And be it further enacted, That if any fuit or action shall be profecuted against any perfon or perfons, for any thing done in pursuance of this act, fuch perfon or perfons may plead the general iffue, and give this act or the fpecial matter in evi- General iffus dence at any trial to be had thereupon, and that the fame was done by authority of this act; and if a verdict fhall pass for the defendant or defendants, or the plaintiff or plaintiffs fhall become nonfuit, or discontinue his, her, or their action or actions after issue joined; or if upon demurrer or otherwife judgement shall be given against the plaintiff or plaintiffs, the defendant or defendants shall recover treble cofts, and have the like remedy for the fame as any Treble costs. defendant or defendants hath or have by law in other cases; and though a verdict shall be given for any plaintiff, in any fuch action or fuit as aforefaid, fuch plaintiff fhall not have cofts against the defendant, unless the judge before whom the trial shall be, shall certify his approbation of the action, and of the verdict obtained thereupon. XXI. And be it further enacted, That all actions, fuits, and Limitation of profecutions, to be commenced against any perfon or perfons for actions, any thing done in pursuance of this act, fhall be laid and tried in the county or place where the facts were committed, and shall be commenced within fix calendar months after the fact committed, and not otherwise. CA P. XLVII. An act to prevent other fhips than thofe laden with tobacco from moor ing and difcharging their lading at the places appointed by an act, made in the twenty-ninth year of the reign of his prefent Majefty, intituled, An act for repealing the duties on tobacco and fnuff, and for granting new duties in licu thereof; to prohibit the exportation of damaged or mean tobacco; and for permitting the importation of tobacco and fnuff into the port of Newcastle upon Tyne. WE HEREAS by an act, made and passed in the twenty-ninth Preamble. year of the reign of his prefent Majefty, intituled, An act for 29Geo.3.c.68. repealing the duties on tobacco and fnuff, and for granting new recited. duties in lieu thereof, the commiffioners of the customs in England and Scotland respectively were required, from time to time, to fix and appoint, A a 3 appoint, or caufe to be fixed and appointed, and from time to time continued, at fuch and every of the refpective ports in England and Scotland refpectively, in the faid act enumerated, a certain place for the mooring all fhips or vessels, in or on board which any tobacco should be imported or brought into Great Britain, according to the directions of the faid act, and which should come or arrive within fuch refpective ports, and certain provifions were made therein for enforcing the fame; under the authority of which act the faid commiffioners of the customs in England and Scotland have respectively appointed certain places for the purpose of mooring all ships and vessels in or on board which any tobacco fhould be imported, at the ports therein enumerated: and whereas it is neceffary, in order to give effect to the provisions of the faid act before-mentioned, that fuch fhips or veffels only as are laden with tobacco fhould be moored, and difcharge their cargoes at the places fo appointed by the respective commiffioners; be it enacted by the King's moft excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this present parliament aflembled, and by the authority of the fame, That, from and after the fifth day of July one thousand seven hundred and nintey-one, it fhall not be lawful for any ship or veffel arriving at any of the faid ports in the faid act limits of the enumerated, other than fuch fhips as fhall be laden in the whole places ap- or in part with tobacco, to be moored, or the lading thereof difpointed under recited act for charged, at or within the limits of any of the places appointed, mooring fuch or to be appointed, by virtue and in pursuance of the faid act, for fhips, on pe- the mooring of fhips laden with tobacco; and in cafe any ship or nalty of zol. veffel fhall be moored, or the lading thereof difcharged contrary to this act, the mafter, or other perfon having or taking the charge or command of fuch fhip or veffel, and wilfully offending herein, fhall, for each and every fuch offence, forfeit the fum of twenty pounds, to be recovered, mitigated, and applied, under and fubject to the like rules, regulations, powers, and provifions, as other penalties and forfeitures, for any offence or offences committed against the faid act of the twenty-ninth year aforefaid, or any other act or acts made for the fecuring the revenue of cuftoms are directed to be recovered, mitigated, or applied, and as fully and amply as if all the rules, regulations, powers, and provifions of the faid acts refpectively were repeated and re-enacted in the body of this act. None but to- II. And whereas by the faid act, passed in the twenty-ninth year of the reign of his prefent Majefty, among other things, the importer or importers, proprietor or proprietors, confignee or confignees of tobacco imported according to the regulations of that aft, are allowed to export, under the restrictions therein mentioned, fuch damaged or mean tobacco as he or they fball refufe to pay the duties for, and which shall have been feparated from found tobacco, according to the directions of that act: and whereas the permitting in future the exportation of any fuch damaged or mean tobacco may be detrimental to the fair importers of tobacco, and productive of injury to the revenue; be it therefore enDamaged to acted, That, from and after the tenth day of June one thousand seven hundred and ninety-one, it shall not be lawful to export bacco to be any be made the any fuch damaged or mean tobacco, but the fame fhall be burnt burnt, and no and deftroyed under the directions of the commiffioners of his allowance to Majefty's customs and excife refpectively; and the faid refpective importer for commiffioners fhall fell and difpofe of the afhes arifing thereform the fame. for the most money that can be gotten for the fame, and no allowance shall be made to the importer or importers, proprietor or proprietors, confignee or confignees, for or in confideration of any fuch damaged or mean tobacco. III. And whereas by the faid act, passed in the twenty-ninth year of the reign of his prefent Majefty, it is, amongst other things, enacted, That no tobacco or fnuff whatever shall be imported or brought into any part of Great Britain, except the ports of London, Bristol, Liverpool, Lancaster, Cowes, Falmouth, Whitehaven, Hull, Port Glasgow, Greenock, and Leith, upon pain of forfeiture of all fuch tobacco and fnuff refpectively as fhall be imported or brought into any part of Great Britain, except fome or one of the faid ports hereinbefore enumerated, together with the hogfheads, cafks, chefts, cafes, and other packages refpectively, containing fuch tobacco or fnuff respectively, and the hip or vessel in or on board which the fame shall be fo imported or brought, together with her guns, furniture, ammunition, tackle, and apparel: and whereas it is expedient to permit the importation of tobacco and fnuff into the port of Newcastle upon Tyne; be it therefore enacted by the authority aforefaid, That, from and Tobacco and after the tenth day of June one thousand feven hundred and fnuff may be imported into ninety-one, nothing in the faid recited act fhall extend, or be the port of conftrued to extend, to prevent the importation of tobacco and Newcastle fnuff into the faid port of Newcastle, but that it fhall and may be upon Tyne, lawful to import tobacco and fnuff into the faid port of Newcaftie. IV. Provided always, That, on the importation of tobacco and under the refnuff into the faid port of Newcastle, the fame fhall be fubject and gulation of liable to all and each and every the rules, regulations, conditions, reftrictions, penalties, and forfeitures to which tobacco and fnuff are refpectively fubject and liable by virtue of the faid recited act, or any act or acts of parliament in force on and immediately before the said tenth day of June one thousand feven hundred and ninety-one, on being imported into any of the ports particularly enumerated in the faid recited act; and all and every the claufes, powers, directions, and authorities in and by the faid recited act, and every other act and acts of parliament in force, on and immediately before the faid tenth day of June one thousand seven hundred and ninety-one, relating to tobacco and fnuff imported into any of the faid enumerated ports, fhall apply and be put in full force and execution, with refpect to tobacco and fnuff imported into the faid port of Newcastle, as fully and effectually, to all intents and purposes, as if the faid claufes, powers, directions, and authorities were particularly repeated and re-enacted in the body of this act; and all and every the claufes, powers, directions, and authorities in and by the faid recited act, and every other act or acts of parliament relating to tobacco, tobacco ftalks, Spanish, tobacco ftalks for tobacco ftalk flour, fnuff work, tobacco ftalk flour, or fnuff, fhall alfo apply and be put in full force and exe A a 4 cution, acts in force on June 10, 1791, &c. |