Roads, &c. assessed before the passing of Act shall continue so until a new Assessment shall be made under this Act. Where Roads &c. have been assessed, Parties interested may apply to Assistant Bar rister at Ses sions, who may alter the Assessment. Navigation, nor any waste or uncultivated Land on the Sides of " any such Road, Highway, Canal, or Inland Navigation, shall be <assessed or charged to the raising of any Part of the Sum or Sums to be raised by such Assessment or Applotment; and that if any Assessment or Applotment had been made at any Time before the said Act, whereby any such Road, Highway, Canal, . or Navigation, or any such waste or uncultivated Land, had 'been assessed or charged to any such Composition, such Assessment and Applotment should, as to such Road, Highway, Canal, or Navigation, and waste or uncultivated Land, cease and determine, and be no longer paid or payable; and it is expedient that further Provision should be made relating to such Assessments and Applotments;' Be it enacted, That every such Assessment or Applotment, which shall have been made at any Time before the passing of the said recited Act of the Fifth Year aforesaid, shall remain good, valid, and effectual; and that every Road, Highway, or Canal, or Inland Navigation, and all waste or uncultivated Land on the Sides of any such Road, Highway, Canal, or Inland Navigation, which shall have been subjected to such Assessment or Applotment before the passing of the said recited Act of the Fifth Year aforesaid, shall remain and continue liable to such Assessment and Applotment until a new or additional Assessment and Applotment shall be made within such Parish, pursuant to the Directions hereinafter contained; any thing in the said recited Act of the said Fifth Year to the contrary in anywise notwithstanding. V. And be it further enacted, That in all Cases where any Assessment and Applotment of any Composition for Tithes shall have been made at any Time before the passing of the said recited Act of the Fifth Year aforesaid, whereby any such Road, Highway, Canal, or Navigation, or any such waste or uncultivated Land as aforesaid, shall have been assessed or charged to any Composition for Tithes, it shall and may be lawful for any Person or Persons interested in any such Road, Highway, Canal, or Naviagtion, or in any other waste or uncultivated Land, or for any Incumbent or other Person entitled to such Composition, to apply to the Assistant Barrister at any Sessions to be holden for the -County in which the Parish shall be situate in which such Assessment and Applotment shall be made, to revise such Assessment and Applotment, and to make a Re-assessment and Applotment of such Composition, in Manner hereinafter mentioned; and thereupon it shall be lawful for such Assistant Barrister to call for the Book in which such Assessment and Applotment shall be entered, and such Book shall be produced to such Assistant Barrister by the Person or Persons in whose Custody the same shall be; and it shall be lawful for such Assistant Barrister to alter and amend the Assessment and Applotment contained in such Book, by striking out any Assessment and Applotment made in respect of any such Road, Highway, Canal, or Navigation, or any such waste or uncultivated Land as aforesaid, and by adding to the Amount of the several Assessments and Applotments made in respect of the other Lands within the said Parish, according to their several Proportions, so much as shall be sufficient to make such Assessment and Applotment equal to the full Amount of the whole Com position position for Tithe payable within the said Parish according to the original Certificate of such Amount; and such Book so altered and amended shall be signed by such Assistant Barrister with his Name and the Date when such Alteration shall be made; and such Book so altered and amended shall thenceforth be Evidence of the just and true Amount of Composition to be paid for Tithe within the said Parish by the Holders of any Portion of Land within the same. CA P. LXI. An Act to amend the Laws for the Regulation of the Butter WHEREAS by an Act passed in the Fifty second Year of 52 G. 3. c.134. the Reign of His late Majesty King George the Third, intituled An Act for the better Regulation of the Butter Trade in Ireland, it is amongst other Things enacted, that Public Weighmasters, or Joint Public Weighmasters and Tasters of Butter, shall, in manner therein mentioned, be appointed in and for every City, Town Corporate, Place of Export, or Market Town in Ireland, from which Butter is commonly shipped for Export⚫ation, or wherein Butter is bought or sold, or exposed to Sale, for the Purpose of Trade; and that all and every Cask or Casks of Butter which shall be brought into any City or Liberties thereof, Town Corporate, Sea-port or Place of Export, or Market Town, for Sale or for Exportation, shall, before the same is sold or exposed to Sale in or exported from such City or Liberties thereof, Town Corporate, Sea-port or Place of Export, or Market Town, be brought to some One of the Weighhouses in the said Act mentioned, there to be tasted, weighed, and proved, in manner required by the said Act, by the said Weighmaster or Weighmasters, Taster or Tasters of such City, Town Corporate, Sea-port or Place of Export, or Market Town, as the Case may happen to be, his or their Deputy or Deputies, who is and are by the said Act required strictly, according to their respective Offices, to inspect the same, and before he or they mark or brand or approve the same, to see that such Butter be merchantable: And Whereas it is expedient to alter and amend the said Act in manner hereinafter provided; Be it therefore enacted by the King'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 recited Act as relates to the Appointment of Tasters of Butter in any City, Town Corporate, or Market Town in Ireland, not being a Sea-port or Place of Export, and as relates to the Duties to be performed by such Tasters of Butter in any such City, Town Corporate, or Market Town, not being a Sea-port or Place of Export, and as relates to the tasting and proving Casks of Butter within any such City, Town Corporate, Borough, or Market Town as aforesaid, not being a Sea-port or Place of Export, shall be and the same is hereby repealed. II. And So much of recited Act as relates to the tasting of Butter in any City or Town, not being a Seaport, repealed. Butter brought to Dublin for Shipment. Penalty on altering, counterfeiting, or erasing Marks or Brands. Penalty on Weighmaster offending. Powers of be used for recovering II. And be it further enacted, That nothing in the said recited Act (or in any former Act) contained shall extend to oblige the Proprietor of any Butter conveyed to the City of Dublin for Shipment there, to subject such Butter to Inspection and Branding in the City of Dublin, unless such Butter be sold or exposed for Sale in the said City. III. And be it further enacted, That if any Person or Persons shall counterfeit or alter, or cause to be counterfeited or altered, any Brands or Marks directed or allowed to be branded or made on any Cask or Casks, or any Cask or Casks of Butter, and if any Person shall wilfully erase, efface, or obliterate, or cause to be erased, effaced, or obliterated, any Brand or Mark by the said recited Act, or by any other Act in force in Ireland for regulating the Butter Trade, directed or allowed to be branded or marked on any such Cask or Casks of Butter, he or they shall forfeit and pay for every such Offence any Sum not exceeding Ten Pounds nor less than Five Pounds. IV. And be it further enacted, That if any Weighmaster or Inspector, or any Deputy Weighmaster or Deputy Inspector, who has been or who shall hereafter be appointed under the Authority of the said recited Act, or of any other Act in force in Ireland for regulating the Butter Trade, shall do any Act, or shall require the Buyers or Sellers of Butter to do any thing contrary to the Provisions of any of the said Acts, or shall demand any Fee or any greater Fee than such Fees as are provided to be paid by the said Acts, he or they shall forfeit for every such Offence any Sum not exceeding Ten Pounds nor less than Five Pounds. V. And be it further enacted, That all or any of the Powers former Acts to or Remedies by the said Act or Acts given or provided for the Recovery of any Penalty imposed by the said Act or Acts, shall and may be used and applied for the Recovery of any Penalty by this Act imposed, as fully and effectually, to all Intents and Purposes, as if the Penalties hereby imposed had been imposed by the said Act or Acts. Penalties of this Act. 31 G. 3. c. 31. CA P. LXII. An Act to authorize the Sale of a Part of the Clergy WHEREAS by an Act passed in the Thirty first Year of the Reign of His late Majesty King George the Third, intituled An Act to repeal certain Parts of an Act passed in the Fourteenth Year of His Majesty's Reign, intituled An Act for making more 'effectual Provision for the Government of the Province of Quebec in North America, and to make further Provision for the Govern'ment of the said Province,' it is amongst other Things enacted, that it shall and may be lawful for His Majesty, His Heirs, or Successors, to authorize the Governor or Lieutenant Governor of each of the Provinces of Upper Canada and Lower Canada respectively, or the Person administering the Government therein, to make, from and out of the Lands of the Crown within such Provinces, such Allotment and Appropriation of Lands as 'therein Governor or Lieutenant Governor, &c. sell Part of empowered to Clergy Reserves in Canada. ⚫ therein mentioned, for the Support and Maintenance of a Pro'testant Clergy within the same; and it was further enacted, that all and every the Rents, Profits, or Emoluments which might at any Time arise from such Lands so allotted and appropriated < as aforesaid, should be applicable solely for the Maintenance and Support of a Protestant Clergy, within the Province in which the same should be situated, and to no other Purpose 'whatever: And Whereas in pursuance of the said Act such Allotments and Appropriation of Land as aforesaid have from 'time to time been reserved for the Purposes therein mentioned; ' which Lands are known within the said Provinces by the Name ' of The Clergy Reserves: And Whereas the said Clergy Reserves have in great Part remained waste and unproductive, from the 'Want of Capital to be employed in the Cultivation thereof; and it is expedient to authorize the Sale of certain Parts of such 'Clergy Reserves, to the Intent that the Monies arising from such Sale may be employed in the Improvement of the remain'ing Part of the said Clergy Reserves, or otherwise, for the Pur'poses for which the said Lands are so reserved as aforesaid;' Be it therefore enacted by the King'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 it shall and may be lawful for the Governor and Lieutenant Governor, or Officer administering the Government of the said Provinces, or either of them, with the Consent of the Executive Council appointed within such Province for the Affairs thereof, in pursuance of any Instructions which may be issued to such Governor, Lieutenant Governor, or other Officer as aforesaid, by His Majesty, through One of His Principal Secretaries of State, to sell, alienate, and convey, in Fee Simple, or for any less Estate or Interest, a Part of the said Clergy Reserves in each of the said Provinces (not exceeding in either Province One Fourth of the Reserves within such Province), upon, under, and subject to such Conditions, Provisoes, and Regulations as His Majesty, by any such Instructions as aforesaid, shall be pleased to direct and appoint: Provided nevertheless, that the Quantity of the said Clergy Reserves so to be sold as aforesaid in any One Year, in either of the said Provinces, shall not in the whole exceed One hundred thousand Acres: Provided also, that the Monies to arise by or to be produced from any such Sale or Sales shall be paid over to such Officer or Officers of His Majesty's Funds, and Revenue within the said Provinces respectively as His Majesty Dividends and shall be pleased to appoint to receive the same, and shall by such Interest applied Officer or Officers be invested in the Public Funds of the United in ImproveKingdom of Great Britain and Ireland, in such Manner and Form as His Majesty shall from time to time be pleased to direct: Provided also, that the Dividends and Interest accruing from such Public Funds, so to be purchased, shall be appropriated, applied, and disposed of for the Improvement of the remaining Part of the said Clergy Reserves, or otherwise, for the Purposes for which the said Lands were so reserved as aforesaid, and for no other Purpose whatsoever; save only so far as it may be necessary to apply the same, or any Part thereof, in or towards defraying the Expences of or attendant upon any such Sale or Sales as aforesaid; and Limiting the in One Year. ment of re maining Part. Governor, &c. may grant or accept Lands in exchange for Clergy Reserves. 7 & 8 G. 4. c. 4. and which Appropriations shall be so made in such Manner and Form, and for such special Purposes, as His Majesty from time to time shall approve and direct. II. And be it further enacted, That it shall and may be lawful for the Governor, Lieutenant Governor, or Officer administering the Government of the said Provinces, with the Consent of such Executive Council as aforesaid, in pursuance of any Instructions which may in Manner aforesaid be issued to him, to give and grant, in exchange for any Part of the said Clergy Reserves, any Lands of and belonging to His Majesty within the said Provinces of equal Value with such Clergy Reserves so to be taken in exchange, or to accept in exchange for any such Clergy Reserves, from any Person or Persons, any Lands of equal Value; and all Lands so taken in exchange for any such Clergy Reserves shall be holden by His Majesty, His Heirs and Successors, in Trust for the several Purposes to which the said Clergy Reserves are appropriated by the said Act so passed in the Thirty first Year of the Reign of His late Majesty King George the Third, or by this present Act. CA P. LXII I An Act to explain so much of an Act of the present Session of Parliament, for punishing Mutiny and Desertion, as relates to the Transportation of Offenders. [2d July 1827.] WHE HEREAS by an Act passed in this present Session of Parliament, intituled An Act for punishing Mutiny and De'sertion, and for the better Payment of the Army and their Quarters, it is (amongst other Things) enacted, that whenever His Majesty shall intend any Sentence of a Court-martial of Transportation to be carried into Execution, or shall be graciously pleased to extend His Mercy, upon Condition of Transportation, to any Offender liable to the Punishment of Death by the Sentence of a Court-martial, such Sentence, together with His Majesty's Pleasure upon the same, shall be notified in Writing by the • Commander in Chief for the Time being of His Majesty's Forces ' in Great Britain and Ireland, or in the Absence of the Commander in Chief, then by the Adjutant General for the Time being, to any Justice of the King's Bench, Common Pleas, or Baron of the Exchequer of the Degree of the Coif, in England, or to any Justice of the King's Bench, Common Pleas, or Baron of the Exchequer, in Ireland; and thereupon such Justice or Baron shall make an Order for the Transportation of such Offender, upon the Terms and for the Time which shall be specified in such Notification, and shall also make such other Order or Orders, and do all such other Acts consequent upon the same, as any such Justice or Baron is authorized to make or do by any Act or Acts in force at the Time of making any such Orders in relation to the Transportation of Offenders: And ⚫ whereas Doubts have arisen whether the Adjutant General or Secretary at War is or are thereby authorized to notify such 'Sentence, together with His Majesty's Pleasure upon the same, when there shall not be any Person appointed Commander in - Chief |