Sum shall and may be recovered as any other Penalty under the said recited Act or this Act; and in every Proceeding to recover such Penalty it shall be sufficient to prove the Sale of such Beer, Cider, or Spirits, and the Person charged shall be thereupon convicted unless he shall prove that at the Time of such Sale he was duly licensed to sell the Beer, Cider, or Spirits so sold. XX. And be it enacted, That in any Proceeding to recover a Penalty against any Person charged as being licensed to sell Beer, Cider, or Spirits it shall not be necessary to call for or require the Production of the Licence, and the Notice by said Act directed to be served on the Clerk of the Peace, or Evidence of his having been at the Time at which the Offence charged against him was committed acting as the Owner of a licensed House, shall be sufficient Evidence of the Fact of his being licensed, unless he shall prove that he was not duly licensed; and if he shall on the hearing of any such Complaint prove that he was not duly licensed at the Time at which the Sale complained of was made, it shall be lawful for the Justices before whom such Proof may be made to convict him of having made such Sale without being duly licensed. Production of necessary on nesses though XXI. And be it enacted, That in every Proceeding under this Persons comor the said recited Act the Person who may inform or who shall petent as Witsue for the Penalty shall be a competent Witness to prove any entitled to Part Fact, notwithstanding any Provision by which he may become of Penalty. entitled to receive any Portion of the Penalty sought to be recovered. Summons. XXII. And be it enacted, That in every Case in which any Service of Proceeding shall be taken to recover any Penalty under the said recited Act or under this Act, or under both, or for any other Purpose, the Delivery or Service of a Copy of any Notice or Summons to the Person charged with the Offence at any Place, or to his Wife, Servant, Clerk, Manager, or Child, such Child being of the Age of Sixteen Years or upwards, at or upon the Premises used or occupied by any such Person for carrying on his or her Trade or Business, or on the Premises on which any such Offence shall have been or shall be charged to have been committed, shall be deemed and taken to be a sufficient Service and Delivery of such Summons or Notice to the Person or Persons to whom the same may be directed. 3&4 W.4. c. 68. XXIII. And be it further enacted, That, except so far as is Recited Act herein otherwise provided, all Penalties and Forfeitures imposed to be in force by this Act shall be sued for, levied, recovered, mitigated, and save as altered distributed by such Ways, Means, and Methods, and in such by this Act. Manner, as by the said recited Act of the Third and Fourth Years of the Reign of His present Majesty is directed, provided, and enacted; and that in every respect, save where it is expressly repealed or altered by this Act, the said recited Act, and every Clause, Matter, and Thing therein contained, shall be and remain in full Force, and shall apply to the several Penalties and Forfeitures imposed by this Act, and to the several Offences hereby created, as if the same were herein re-enacted. General Form of Conviction. Act may be altered this Session. 47 G. 3. 50 G. 3. c. 109. 10 G. 4. c. 47. 2 & SW.4. c. 70. 4&5 W. 4. c. 53. XXIV. And be it further enacted, That every Conviction to be had under this Act or the said recited Act shall and lawfully may be drawn up in the Form following, or in any other Form of Words to the same Effect; (that is to say,) ❝ to wit. BE it remembered, That on the in the Year of our Lord A.B. is convicted before us, Two of His Majesty's Justices ' of the Peace of the said County, [or City or Town, as the Case may be,] on the Oaths of C. D., &c. [as the Case may be], in the Sum of for that [here specify the Offence, and when and where committed]. Given under our Hands and Seals the Day and Year above ' written.' XXV. And be it further enacted, That this Act or any of the Provisions thereof may be altered, varied, or repealed by any Act to be passed in this Session of Parliament. CAP. XXXIX. An Act to continue for One Year, and from thence to the End of the then next Session of Parliament, the several Acts relating to the Importation and keeping of Arms and Gunpowder in Ireland. [28th July 1836.] WHEREAS an Act was passed in the Forty-seventh Year of the Reign of His Majesty King George the Third, ⚫ intituled An Act to prevent improper Persons from having Arms in Ireland, to continue in force for a limited Period; which "Act was by another Act passed in the Fiftieth Year of His said Majesty's Reign continued and amended; and such Acts, having 'been continued, were by another Act passed in the Tenth Year ' of the Reign of His Majesty King George the Fourth amended and further continued until a Time when the same expired: 1&2 W.4.c.47. And whereas by another Act passed in the First and Second Years of His present Majesty's Reign the said recited Acts were revived and continued: And whereas by Two other Acts passed respectively in the Second and Third and Fourth and Fifth Years of the Reign of His present Majesty such Acts have been further continued, and will remain in force until the End of this present Session of Parliament; and it is expe'dient that the said Acts should be further continued:' 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 the said recited Act of the cited Acts con- Forty-seventh Year of the Reign of His Majesty King George the Third, as the said Act is amended by the said recited Act of the Fiftieth Year of the same Reign and by the said recited Act of the Tenth Year of the Reign of His late Majesty King George the Fourth, and as the said Acts were revived by the said recited Act of the First and Second Years of the Reign of His present Four first-re tinued for One Year. Majesty, Majesty, shall be and the said Acts are hereby continued and shall be and remain in force for the Term of One Year from the passing of this Act, and thenceforth until the End of the then next Session of Parliament. for II. And whereas an Act was passed in the First Year of the 1 W. 4. c. 44. Reign of His present Majesty, intituled An Act to regulate for continued One Year the Importation of Arms, Gunpowder, and Ammu•nition into Ireland, and the making, removing, selling, and keeping of Arms, Gunpowper, and Ammunition in Ireland; and such Act having been continued from Time to Time will remain in force until the End of this present Session of Par⚫liament; and it is expedient that the said Act should be further continued;' be it therefore enacted, That the said recited Act of the First Year of the Reign of His present Majesty shall be and the said Act is hereby continued and shall be and remain in force for the Term of One Year from the passing of this Act, and thenceforth until the End of the then next Session of Parliament. CAP. XL. An Act to continue for One Year, and from thence to repairing the Turnpike Roads in Ireland were by an Act passed in the Fourth and Fifth Years of His present Ma- 4.& 5W4.c. 91. 'jesty's Reign continued for the Term of One Year, and thenceforth until the End of the present Session of Parliament; and it is expedient that the said Acts should be further continued ;' 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 all and every Act and Acts of Parliament for making, amending, and repairing any Turnpike Road or Roads in Ireland which will expire during or with the present Session of Parliament shall be and the same is in Ireland furand are hereby continued for One Year from the passing of this Act, and thenceforth until the End of the then next Session of Parliament. 6 CAP. XLI. An Act to abolish the Commissary Court of Edin- All expiring Acts respecting the Repair of Turnpike Roads ther continued. Reign of His present Majesty, intituled An Act for uniting 1 W. 4. c. 69. 'the Benefits of Jury Trial in Civil Causes with the ordinary Ju"risdiction of the Court of Session, and for making certain other • Alterations and Reductions in the Judicial Establishments of Scotland, whereby various Alterations and Reductions were 'made Commissary and Duties of made in the Consistorial Court of Scotland, with a view to the • Abolition of the said Court, and the Transference of the remaining Jurisdiction thereof to the Sheriff of the County of Edinburgh: And whereas it is expedient that the remaining Jurisdiction of the Commissary Court of Edinburgh should be abolished, and the Mode of taking Proofs in Consistorial Causes should be regulated: 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 the said Commissary Court of Edinburgh shall be and the same is hereby abolished, and the whole remaining Powers and JurisdicSheriff of Edin- tion of the said Court shall be and the same are hereby transburgh. ferred to the Sheriff of the County of Edinburgh, who shall possess and exercise such Powers and Jurisdiction in all respects, except in so far as regards taking Proofs in Consistorial Causes; and the whole Clauses, Powers, and Provisions of an Act passed in the Fourth Year of the Reign of His late Majesty King George the Fourth, intituled An Act for the Regulation of the Court of the Commissaries of Edinburgh, and for altering and regulating the Jurisdiction of the inferior Commissaries in Scotland, shall apply to the Sheriffdom of the County of Edinburgh, and to the Clerks and Officers of the said Commissary Court, in the same Way as such Provisions apply to the other Sheriffdoms of Scotland: Provided always, that the Salaries of the existing Commissaries of the said Commissary Court shall be saved and reserved to each of them during their several Lives; provided further, that such Salary or Salaries shall be accounted pro tanto of any subsequent Salary to which any of the said Commissaries hereafter acquire Right by virtue of his or their Appointment to any other Public Office. 4 G. 4. c. 97. Sheriffs may take Proofs. may II. And be it enacted, That where it shall be necessary to take Proofs in Consistorial Causes, such Proofs shall be taken by the Sheriffs to be appointed for that Purpose in the Manner directed by the said recited Act. III. And be it enacted, That it shall be lawful for all Agents Agents authorized to practise duly qualified to practise as such before the Court of Session to in Sheriff Court practise as Agents in the Sheriff Court of Edinburgh, in so far as of Edinburgh. relates to any of the Proceedings which are transferred by this Act to the Sheriff, in the same Manner and to the same Extent as they might have practised in respect of such Matters in the Commissary Court before the passing of this Act. Commencement of Act. Act may be IV. And be it enacted, That this Act shall commence and take effect from and after the First Day of November One thousand eight hundred and thirty-six. V. And be it enacted, That this Act may be amended or altered this Ses- altered by any Act to be passed during the present Session of 6 CAP. XLII. An Act to grant certain Powers to Heirs of Entail in Scotland, and to authorize the Sale of Entailed Lands for the Payment of certain Debts affecting the same. [28th July 1836.] WHEREAS by an Act of the Parliament of Scotland made in the Year One thousand six hundred and eighty-five, intituled Act concerning Tailzies, it is statuted and declared that it shall be lawful to His Majesty's Subjects to tailzie or entail their Lands and Estate and to substitute Heirs in their Tailzies or Entails, with such Provisions and Conditions as ⚫ they shall think fit, and to effect the said Entails with irritant and resolutive Clauses whereby it shall not be lawful to the Heirs • of Entail to sell, analzie, or dispose of the said Lands or any Part thereof, to contract Debt, or do any other Deed whereby the same might be apprized, adjudged, or evicted from the other Substitutes in the Entail, or the Succession frustrate or interrupted, declaring all such Deeds to be in themselves null and void; and Provision is made by the said Act for the recording such Entails in the Manner therein set forth: And whereas it is expedient that certain Powers should be conferred upon Heirs of Entail in relation to granting Tacks and making Excambions, and to selling Portions of Entailed Estates for Payment of the Entailer's Debts:' 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 notwithstanding any prohibitory, irritant, and Heirs of Entail resolutive Clauses contained in any Entails already made and in Possession established, or which may hereafter be made and established, empowered to pursuant to the Directions of the said Act passed in the Parlia- any Part of Eument of Scotland in the Year One thousand six hundred and eighty-five, it shall be lawful for the respective Heirs of Entail in Possession to grant Tacks of any Parts of the Lands, Estates, or contained. Heritages therein contained, for the fair Rent of such Lands or Heritages at the Period of letting, either by public Auction or private Bargain, and notwithstanding any Prohibition against Diminution of the Rental, for any Period not exceeding Twentyone Years, and to grant Tacks of any Mines and Minerals contained in such Lands and Estates for any Period not exceeding Thirty-one Years: Provided always, that nothing herein contained shall authorize any Heir of Entail in Possession of any Entailed Lands, Estates, or Heritages to take any Grassum or valuable Consideration, other than the Tack Duty or Rent, for granting any Tack, or to grant any Tack of the Home Farm, nor of the Mansion House and Offices, or of the Garden, Lawn, Park, or Policy attached thereto, for any Period beyond his own Life; and in case any such Grassum or Consideration shall be taken, or in case any Tack hereby prohibited shall be granted, such Tack shall be null and void. II. Pro grant Tacks of tailed Estates under the Restrictions herein |