Persons aggrieved may appeal to Quarter Sessions. Notice to be given to the Commissioners before Action brought. 1 & 2 VICT. shall recover in any Action for any Irregularity, Trespass, or wrongful Proceeding made or committed in the Execution of this Act if Tender of sufficient Amends shall have been made by or on behalf of the Party who shall have committed such Irregularity, Trespass, or other wrongful Proceeding before such Action shall have been brought; and in case no such Tender shall have been made it shall and may be lawful for the Defendant in any such Action, by Leave of the Court where such Action shall depend, at any Time before Issue joined, to pay into Court such Sum of Money as he shall see fit, whereupon such Proceedings or Orders and Judgments shall be had and given in and by such Court as in other Actions where the Defendant is allowed to pay Money into Court. LXXVII. Provided always, and be it enacted, That if any Person or Persons shall find himself or themselves aggrieved by any Order or Conviction of any Justice or Justices, where such Person or Persons shall be convicted in any Penalty or Penalties exceeding Ten Pounds, under the Provisions of this Act, it shall be lawful for such Person or Persons to appeal to any General or Quarter Sessions of the Peace to be held in and for the said County of Gloucester within Four Calendar Months next after the Cause of Complaint shall have arisen, or, if such Sessions shall be held before the Expiration of One Calendar Month next after such Cause of Complaint, then such Appeal shall be made to the next following Sessions, either of which Court of Sessions is hereby empowered to hear and finally determine the Matter of the said Appeal, and to make such Order therein as to them shall seem meet, which Order shall be final and conclusive to and upon all Parties; provided that the Person or Persons so appealing shall give or cause to be given at least Fourteen Days Notice in Writing of his, her, or their Intention of appealing as aforesaid, and the Matter or Cause thereof, to the Respondent or Respondents, and within Five Days after such Notice shall enter into a Recognizance before such Justice of the Peace with sufficient Securities conditioned to try such Appeal at the then next General Sessions or Quarter Sessions of the Peace which shall first happen, and to abide the Order of and pay such Costs as shall be awarded by the Justices at such Quarter Sessions or any Adjournment thereof; and such Justices, upon Hearing, according to their Discretion, may award such Costs to the Party appealing or appealed against as they shall think proper; and their Determination in or concerning the Premises shall be binding and conclusive on all Parties to all Intents and Purposes whatso ever. LXXVIII. And be it enacted, That no Action or Suit shall be commenced against the said Commissioners hereby appointed for any thing done in pursuance of or under the Authority of this Act until Twenty-one Days Notice has been given in Writing to the said Commissioners, nor after sufficient Satisfaction or Tender shall have been made to the Party aggrieved, nor after Three Calendar Months next after the Act committed for which such Action or Suit shall be so brought; and every such Action shall be brought, laid, and tried where the Cause of Action shall have arisen, and not in any other County or Place; and the Defendants in such Action or Suit may plead the General Issue, and give this Act and any special Matter in Evidence at any Trial which shall be had thereupon; and if the Matter or Thing shall appear to have been done under or by virtue of this Act, or if it shall appear that such Action or Suit was brought before Twenty-one Days Notice thereof as aforesaid, or that sufficient Satisfaction was made or tendered as aforesaid, or if any Action or Suit shall not be commenced within the Time before limited, or shall be laid in any other County than as aforesaid, then the Jury shall find a Verdict for the Defendants therein; and if a Verdict shall be found for such Defendants, or if the Plaintiffs in such Action or Suit shall become Nonsuit, or suffer a Discontinuance of such Action, or if upon any Demurrer in such Action Judgment shall be given to the Defendants therein, then and in any of the Cases aforesaid such Defendants shall have Costs, Charges, and Expences as between Attorney and Client, and shall have such Remedy for recovering the same as any Defendant may have for his or her Costs in any other Case by Law. of Commission ers not to be LXXIX. And be it enacted, That no special Order of the Special Order said Commissioners hereby appointed shall be removed or removeable by Writ of Certiorari into any Court of Record, except removeable Her Majesty's Court of Exchequer at Westminster; and that except into the every special Order which shall be removed into the said Court Exchequer. of Exchequer shall nevertheless, unless and until the same shall be declared illegal by that Court, continue in full force and virtue, and be obeyed, performed, and enforced in such and the same Manner and by such and the same Ways and Means as if the same had not been so removed. Commissioners LXXX. And be it enacted, That no Application shall be Notice to be made for any Writ of Certiorari for the Removal of any such given to the special Order except to the Judges when sitting in the said of Application Court, nor unless Notice in Writing shall have been given to for Certiorari. the said Commissioners hereby appointed at least Fourteen Days previous to such Application being made, and in which Notice shall be set forth the Name and Description of the Party by or on behalf of whom and the Day on which it is intended to make such Application, together with a Statement of the Grounds thereof, and thereupon it shall be lawful for the said Commissioners to show Cause in the first instance against such Application, and the Court may, if it shall so think fit, forthwith proceed to hear and determine the same upon the Grounds set forth in such Notice. LXXXI. And be it enacted, That previous to any Writ of Recognizances Certiorari being issued the Party or Parties applying for the to be entered into by Parties same shall enter into a Recognizance, with sufficient Sureties, applying for before One of the Barons of Her Majesty's Court of Exchequer, Certiorari. or before a Justice of the Peace of the County of Gloucester, in the Sum of One hundred Pounds, with Condition to prosecute the If special Order nified for Acts Commissioners grant Leases of Quarries, 1 & 2 VICT. the same at his or their Costs or Charges with Effect, without any wilful or affected Delay, and in default thereof, or in the Event of such special Order being deemed legal, to pay the said Commissioners their full Costs, Charges, and Expences, to be taxed according to the Course of the said Court of Exchequer; and if the said special Order so removed by the said Writ of Certiorari into the said Court of Exchequer shall be declared legal by the said Court, the Commissioners shall be entitled to such Costs, within Ten Days after Demand made of the Person or Persons who ought to pay the said Costs, upon Oath made of the making of such Demand, and Refusal of Payment thereof, and the said Commissioners may recover the same in the same Manner as any Penalties and Forfeitures are recoverable under this Act. LXXXII. And be it enacted, That if upon the Hearing of the Application the Court shall order a Writ of Certiorari to issue for bringing up any special Order, and the same being brought into Court shall be quashed as illegal, no Person shall be liable to be prosecuted either by Indictment or by Civil Action for or in respect of any Act done by him under the Authority and in pursuance of such special Order, previously to the Judgment of the Court of Exchequer therein as aforesaid. LXXXIII. And be it enacted, That the Commissioners for of Woods may the Time being of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, on behalf of Her Majesty, may, at any Time after the passing of this Act, grant Leases of any Quarries in the said Forest for any Term not exceeding Twentyone Years to any Person or Persons being Free Miners as aforesaid, and that after the passing of this Act no Quarry within the said Forest shall be opened by any Person or Persons whomsoever other than under or by virtue of a Lease or Leases to be granted as aforesaid, subject to such Rent and under such Conditions as they may think fit, and notwithstanding any Custom or Usage to the contrary; and that no Person shall be entitled to any Quarry within the said Forest except such as under the aforesaid Provisions shall be specified in the Award of the said Commissioners, or except the same shall be held under a Lease to be granted in pursuance of the Provisions of No Building to this Act: Provided nevertheless, that as regards any Buildings or Works which may be now erected, or which may be hereafter erected within the said Hundred, for the Purpose of the said Mines or Quarries, the same shall only be continued so long as the same shall be necessary for the Purpose of working the said Mines or Quarries; but that the Owner of such Buildings or Works shall be entitled to the Materials thereof, and the said Gaveller or Deputy Gaveller (or the Verderers, as regards any Buildings or Works within the said Forest) may order the same to be removed and taken away. continue when unnecessary to remain. Commissioners of Woods and Forests may grant Leases for 21 Years to LXXXIV. Provided always, and be it enacted, That it shall be lawful for the Commissioners for the Time being of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings to grant Leases to any Person or Persons for any Term not exceeding exceeding Twenty-one Years to dig and get Clay or Sand off get Clay or and from any of the Open or Waste Lands of the said Forest, at and under such yearly Rents, or at and under such Tonnage Duty or Royalty, and subject to such Covenants, Conditions, and Restrictions as the said Commissioners in their Discretion shall deem fit, so as the Rent, Tonnage Duty, or Royalty shall by every such Lease be reserved and made payable to Her Majesty, Her Heirs and Successors, free and clear of all manner of Taxes and Assessments whatsoever; and in each such Lease there shall be contained a Proviso or Condition for Re-entry on Nonpayment of the Rent, Tonnage Duty, or Royalty thereby reserved, or on Nonobservance or Nonperformance of the Covenants therein contained, and on the Part of the Lessee or Lessees to be observed and performed; and every such Lease shall within Two Calendar Months from the granting thereof be enrolled in the Office of Land Revenue Records and Enrolments, and entered in the Office of the said Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings for the Time being. Saving the Crown and for Quarries in the Bailiwick of Blakeney. LXXXV. And whereas a Claim was made by William Ambrose Esquire, as Lord of the Manor of Blakeney, before the " said Commissioners of Inquiry, to grant Gales for Quarries and 'exact Gale Fees and Rents within the Bailiwick of Blakeney • in the said Forest, founded upon some Grant or alleged Grant to grant Gales 'made by Her Majesty's Royal Predecessor King Edward the Third, which Claim is not admitted but altogether denied ' on behalf of Her Majesty, and legal Proceedings have been instituted by the Attorney General on behalf of Her Majesty, and are now depending, for the Trial of such Claim ;' be it therefore enacted, That nothing in this Act contained shall prejudice the just and legal Rights of the said William Ambrose, or the just and legal Rights of Her Majesty, Her Heirs and Successors, in relation to such Claims, or any Proceedings already taken or which may be hereafter taken by or on behalf of Her Majesty, Her Heirs and Successors, or the said William Ambrose, his Heirs, Executors, Administrators, and Assigns, in relation to such Claim so preferred by or on his Behalf as aforesaid. LXXXVI. And be it enacted, That the said Commissioners Commissioners for carrying this Act into execution shall from Time to Time to report their Proceedings submit a General Report of their Proceedings to the Com- to the Commismissioners for the Time being of Her Majesty's Woods, Forests, sioners of Land Revenues, Works, and Buildings, and in such Manner as Woods. such last-mentioned Commissioners shall order and direct; and such Report, together with the Amount of the Expences of the Commission hereby appointed, shall be laid before the Commons House of Parliament on or before the Twenty-fifth Day of March in every Year. LXXXVII. And be it enacted, That the said Commissioners Remuneration hereby appointed shall for the first Two Years from the passing of Commisof this Act be paid such a Sum of Money not exceeding the Sum of Five Pounds per Day for each Day spent in the Execution of sioners. Remuneration of Deputy Gaveller. Two Commissioners em powered to act. Public Act. Act may be altered, &c. this Session. of the Powers of this Act, and after the Expiration of Two Years then the said Commissioners shall be paid such a Sum of Money not exceeding the Sum of Three Pounds per Day for each Day spent in the Execution of the Powers of this Act, as the said Commissioners for the Time being of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, with the Consent of Three of the Commissioners of Her Majesty's Treasury for the Time being, shall order and direct; and that the Expences of the said Commissioners hereby appointed, and also the Expences attending the said Award and the carrying this Act into execution by the said Commissioners, shall be paid by the Commissioners for the Time being of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings out of any Monies placed at their Disposal. LXXXVIII. And be it enacted, That it shall and may be lawful for the said Commissioners for the Time being of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, with the Approbation of the Commissioners of Her Majesty's Treasury or any Three of them, to grant a Salary to the Person who shall be appointed the Deputy Gaveller; and that all Fees to be received by the said Gaveller or Deputy Gaveller in pursuance of this Act or otherwise shall be from Time to Time paid over by the said Gaveller or Deputy Gaveller to the said Commissioners for the Time being of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, to be by them carried to the Account of the annual Income of the said Forest under their Care and Management. LXXXIX. And be it enacted, That all Acts, Matters, or Things authorized or necessary to be done and executed by the said Commissioners for the Time being of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, for the Purpose of carrying this Act into execution, may be done and executed by any Two of them, and the same shall be as valid and effectual, and shall have the same Force and Effect, as if such Acts, Matters, and Things had been done and executed by all the said Commissioners. XC. And be it enacted, That this Act shall be deemed and taken to be a Public Act, and shall be judicially taken notice of as such by all Judges, Justices, and others. XCI. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this present Session of Parliament. 6 CAP. XLIV. An Act to consolidate and amend the Laws for col- Duties of Excise on Glass have become numerous and complicated, and it is expedient to consolidate and amend the 'same;' be it therefore enacted by the Queen's most Excellent Majesty, |