CAP. XXIX. An Act for reducing the Duty on Wheat and Wheat Flour, the Produce of the Province of Canada, imported thence into the United Kingdom. [12th July 1843.] WHEREAS on the Twelfth Day of October One thousand eight hundred and forty-two an Act was passed by the Legislative Council and Legislative Assembly of the Pro'vince of Canada, and reserved by the Governor General for the Signification of Her Majesty's Pleasure, imposing a Duty ' of Three Shillings Sterling Money of Great Britain on each Imperial Quarter of Wheat imported into Canada, except from the United Kingdom or any of Her Majesty's Possessions, and being the Growth and Produce thereof: And whereas it is recited in the said Act that it was passed in the confident Belief and Expectation that upon the Imposition of a Duty upon Foreign Wheat imported into the Province Her Ma'jesty would be graciously pleased to recommend to Parliament the Removal or Reduction of the Duties on Wheat and Wheat Flour imported into the said United Kingdom from Canada: And whereas, in consideration of the Duty so imposed by the said Act of the Legislature of Canada, it is 'expedient that, if Her Majesty shall be pleased to give Her Sanction to the said Act, the Duties imposed by an Act. 'made and passed in the last Session of Parliament, intituled 10th October 1843. An Act to amend the Laws for the Importation of Corn, upon 5&6 Vict. c. 14. 'Wheat and Wheat Flour, the Produce of and imported from the Province of Canada, entered for Home Consumption in the United Kingdom, should be reduced as herein-after is ' mentioned;' Be it therefore enacted by the Queen'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 Duties to be from and after the Tenth Day of October One thousand eight hun- levied after the dred and forty-three, and thenceforth during the Continuance of the Duty so imposed by the said Act of the Legislature of Canada as aforesaid, there shall be levied and paid upon all Wheat and Wheat Flour, the Produce of the said Province of Canada, which shall be imported thence into the United Kingdom after the said Tenth Day of October, and shall be entered for Home Consumption, (the same having been shipped and imported with such Declarations and Certificates as are required in respect thereof in and by the said Act passed in the last Session of Parliament,) in lieu of the Duties charged thereon by the said Act of Parliament, the Duties following; (namely,) For every Quarter of such Wheat One Shilling, and so in T For Act may be amended, &c. For every Barrel, being One hundred and ninety-six Pounds of such Wheat Flour, a Duty equal in Amount to the Duty which would hereby be payable upon Thirty-eight Gallons and a Half of Wheat, and so in proportion for a less Quantity: And the said Duties hereby charged shall be levied, collected, paid, and applied in such and the same Manner in all respects as if the same had been imposed by the said Act of Parliament: Provided always, that nothing in this Act contained shall repeal, reduce, or alter the Duties payable under the said Act of Parliament upon Wheat or Wheat Flour, the Produce of Canada, which shall be imported into the United Kingdom previous to the said Tenth Day of October One thousand eight hundred and forty-three, notwithstanding the same shall not be entered from the Warehouse or otherwise for Home Consumption until after that Day. II. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this present Session of Parliament. Persons releas ing or attempt ing to release Cattle impounded, or damaging any Pound,&c. upon Conviction before Two Justices, to forfeit 51. and Ex pences, and in default of Pay 6 6 CAP. XXX. An Act to amend the Law relating to Pound-breach and Rescue in certain Cases. [12th July 1843.] WHEREAS it frequently happens that Cattle which are lawfully impounded, or which are lawfully seized for the Purpose of being impounded, are rescued from the Pound or Place in which they are so impounded, or on the Way to or from such Pound or Place, and the Expence of prosecuting such Offenders, or obtaining Redress for the Injury 'occasioned by such Rescue to the Persons so entitled to distrain, is usually out of proportion to the Damage for which such Cattle are distrained: And whereas it is expedient, for Remedy thereof, to enable Two or more of Her Majesty's 'Justices of the Peace to try such Offenders in a summary Way, and award such Redress as herein-after mentioned to 'the Persons on whose Behalf the Cattle so rescued shall have been distrained: Be it enacted by the Queen'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 in case any Person or Persons shall release or attempt to release any Horse, Ass, Sheep, Swine, or other Beast or Cattle, which shall be lawfully seized for the Purpose of being impounded, in consequence of having been found wandering, straying, or lying or being depastured on any inclosed Land without the Consent of the Owner or Occupier of such inclosed Land, from the Pound or Place where the same shall be so impounded, or on the Way to or from any such Pound or Place, or shall pull down, damage, or destroy the same Pound or or Place, or any Part thereof, or any Lock or Bolt belonging ment to be thereto or with which the same shall be fastened, every Person imprisoned. so offending shall, upon Conviction thereof before any Two of Her Majesty's Justices of the Peace, forfeit and pay any Sum not exceeding Five Pounds, together with reasonable Charges and Expences, or in default thereof be committed by such Justices, by Warrant under their Hands and Seals, to the House of Correction of the County wherein the said Offence shall have been committed, there to be kept to hard Labour for any Time not exceeding Three Calendar Months nor less than Fourteen Days, unless such Sum of Money and Costs as aforesaid shall be sooner paid; and it shall be lawful for the said Justices to award the Whole or any Portion of such Penalty to the Person or Persons on whose Behalf such Cattle were distrained. where Ques II. Provided always, and be it enacted, That nothing herein Justices not to contained shall authorize any Justices of the Peace to hear and hear Cases determine any Case of Pound-breach or Rescue in which any tions of Title Question shall arise as to the Title to any Lands, Tenements, arise, or as to or Hereditaments, or any Interest therein or accruing there- any Bankfrom, or as to any Bankruptcy or Insolvency, or any Exe- ruptcy, &c. cution under the Process of any Court of Justice, or as to the Obligation of maintaining, repairing, or keeping in repair any Wall, Hedge, Paling, Ditch, sunk Fence, or Fence whatsoever. against Offen Witnesses Penalty and III. And be it enacted, That it shall and may be lawful to Summonses and for any Justice of the Peace, upon Information or Com- may be issued plaint being made upon Oath before him by any Person of any ders, who, on Offence against the Provisions of this Act, to summon the Party Proof on Oath accused to appear before any Two Justices of the Peace within of One or more whose Jurisdiction the Offence shall have been committed, at before Two a Time and Place to be named in such Summons, and upon Justices, shall the Appearance of such Party, or in his Absence in case he be convicted in shall not appear according to the Tenor of such Summons, Costs. any such Justices before whom such Party shall have been so summoned to appear shall and may (upon Proof of the Service of such Summons) proceed to examine into the Matter, and upon due Proof made of such having been committed, either by Confession of the Party accused or upon the Oath of One or more credible Witness or Witnesses, to give Judgment or convict for the Penalty and Costs (as the Case may be). IV. And be it enacted, That every such Justice of the Peace Offenders may may, without issuing any Summons, forthwith issue his Warrant be apprehended by Warrant of to any Constable for the Apprehension of any Person charged a Justice. under this Act, whenever good Grounds for so doing to his Satisfaction shall be stated on Oath before him. CAP. XXXI. An Act to enable the Commissioners of Chelsea Hos- WHEREAS Colonel John Drouley by his Will gave all his Residuary Estate, after Payment of certain Legacies, to be equally divided between the Royal Hospitals of Chelsea and Greenwich, to be paid to the Treasurers of the said Hospitals, to be applied for the Use and Benefit of the Pensioners of the said respective Hospitals in such Manner as the Governors and Directors thereof should order and direct: And whereas it would tend to the Benefit of the said Hospital at Chelsea, and the Pensioners thereof, if certain Lands adjoining the said Hospital were purchased by the Lords and • others Commissioners of Chelsea Hospital in furtherance of the Objects of the said Colonel Drouley's Will:' Be it enacted by the Queen'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 AuApplication of thority of the same, That the Whole or any Part of the Residuary Estate of the said Colonel John Drouley belonging to Chelsea Hospital shall and may be applied in the Purchase of and Payment for certain Parcels of Land and Buildings adjoining the said Hospital, or for any other Pieces or Parcels of Land or Buildings the Purchase of which may, in the Opinion of the Commissioners of Chelsea Hospital, be beneficial to the said Hospital or the Pensioners thereof, or which may be necessary to prevent or remove Annoyance or Injury from the Vicinity of the said Hospital; and the said Pieces or Parcels of Land shall and may be conveyed to and held by the Commissioners of the said Royal Hospital of Chelsea for the Time being and their Successors, or conveyed to a Trustee or Trustees on their Behalf, for the Use and Benefit of the said Royal Hospital. Estate of the late Colonel John Drouley to certain Pur chases. Commissioners empowered to sell or exchange the Lands so purchased for other Lands. II. And be it enacted, That it shall and may be lawful for the said Commissioners of Chelsea Hospital and their Successors, or for any Trustee or Trustees for the said Commissioners by their Direction, signified under the Hand of the Secretary of the said Royal Hospital for the Time being, as and when the said Commissioners from Time to Time may deem expedient, to make sale, alien, and dispose of, or to convey in Exchange for or in lieu of other Lands or Tenements, any Pieces or Parcels of Land so contracted for, or previously purchased with any Part of the Legacy of the said Colonel Drouley, which may not, in the Opinion of the said Commissioners, be required for the Use and Benefit of the said Hospital, and the Inheritance thereof, in Fee Simple or other wise, to any Person or Persons whomsoever, or any Body Politic or Corporate, for such Price or Prices in Money (or for such Equivalent or Recompence in other Land or Tenements) as to the said Commissioners of Chelsea Hospital and their Successors shall seem reasonable, and to make and execute all Acts, Deeds, Matters, and Things requisite or necessary for completing any Sale or Exchange to and with any Person or Persons, their Heirs or Assigns, or to and with any Body Politic and Corporate and their Successors as aforesaid, who may purchase or agree to purchase any such Pieces or Parcels of Land or Tenements from the said Commissioners of Chelsea Hospital, and to give full, complete, and sufficient Receipts, Releases, and Discharges for the Purchase Money thereof. empowered to III. And be it enacted, That it shall be lawful for the Com- Commissioners missioners of Chelsea Hospital and their Successors, and for any Trustee or Trustees of the said Lands and Tenements, by their Direction, signified as aforesaid, from Time to Time and at all Times hereafter, in such Manner as they shall deem expedient, to grant Leases of all or any of the Pieces or Parcels of Land so contracted for, or heretofore purchased with any Portion of the Legacy of the said Colonel Drouley, unto any Person or Persons, for any Term or Number of Years not exceeding Twenty-one Years for any such Lease, unless the same be a building or repairing Lease, and not exceeding Eighty Years for any such building or repairing Lease, and to take effect in Possession only, and not in Reversion or by way of future Interest, and so as in all such Leases there be respectively reserved and made payable during the Continuance thereof the best yearly Rent or Rents which can be reasonably obtained for the same, without taking any Fine, Premium, or Foregift for the making thereof, and so as in every such Demise and Lease there be contained a Condition of Re-entry for Nonpayment of the Rent thereby reserved, and so as the respective Lessees duly execute Counterparts of their said Leases respectively. CAP. XXXII. An Act to amend the Laws in force relating to Grand etc. 71.2 Jury Presentments in Counties of Cities and Towns in Ireland. [12th July 1843.] WHEREAS by an Act passed in the Session of Parlia ment holden in the Third and Fourth Years of the Reign of Her present Majesty, intituled An Act for the Regu- 3 & 4 Vict. T 3 |