« EelmineJätka »
against the Property and Effects of such Society as if such Judgments, Decrees, Interlocutors, or Orders had been obtained in Suits or Proceedings against the Trustees of such Society, and Execution or Diligence shall be issued thereon accordingly.
VI. The Bankruptcy, Insolvency, or stopping Payment of Bankruptcy, any Officer or Member of such Society in his individual Capacity &c. of Officer shall not be construed to be the Bankruptcy, Insolvency, or Liability of stopping Payment of such Society; and the Property and Society. Effects of such Society shall, notwithstanding such Bankruptcy, Insolvency, or stopping Payment, be liable to Execution or Diligence in the same Manner as if such Bankruptcy, Insolvency, or stopping Payment had not taken place. VII. In all 'Cases wherein it may be necessary for
Service of Person to serve any Summons, Demand, or Notice, or any Writ
Society. or other Proceeding, at Law or in Equity, or otherwise, upon any such Society, Service thereof respectively on the Secretary of the said Society, or by leaving the same at the Head Office for the Time being of the said Society, or in case such Secretary shall not be found or known, then Service thereof on any Agent or Officer employed by the said Society, or by leaving the same at the usual Place of Abode of such Agent or Officer, shall be deemed good and sufficient Notice of the same respectively on guch Society.
VIII. In case of the Dissolution of any such Society, such Nissolution of Society shall nevertheless be considered as subsisting, and be in Society not to all respects subject to the Provisions of this Act, so long and ing up of its so far as any Matters relating to the same remain unsettled, Affairs. to the Intent that such Society may do all Things necessary to the winding up of the Concerns thereof, and that it may be sued and sue under the Provisions of this Act in respect of all Matters relating to such Society.
IX. When any Action, Suit, or Prosecution shall, at the Suits pending passing of this Act, be pending by or on behalf of or against the tees to be Trustee or Trustees of any Society, the same shall and may be carried on proceeded in by or against such Registered Officer
as aforesaid, against Officers in the proper Name or Names of the Person or Persons com- aforesaid. mencing or defending the same; and such Officer shall pay or receive like Costs as if the Action or Suits had commenced in his or their Name or Names for the Benefit of or to be reimbursed from the Funds of such Society.
X. The Provisions of the Laws relating to Friendly Societies Certain whereby the Trustees of any Society are declared incapable of Friendly Soprosecuting any Action or Proceeding in any Court of Law or cieties Act Equity on behalf of such Society, until they shall have duly not to Oply furnished to the Registrar a general Statement of the Funds and Effects of such Society, shall not apply to the Prosecution of any Action or other Proceeding by the Registered Officer of any Society registered under the Industrial and Provident Societies Act, 1852.
CA P. XXVI.
Cases of High Treason in Ireland to the Law and
[3d July 1854.] W
THEREAS by an Act passed in the Session of the 7 Anne, c. 21. of the Reign of Her late Majesty Queen Anne, intituled An
Act for improving the Union of the Two Kingdoms, it is amongst other Things enacted that from and after the Period therein specified, and long since elapsed, "when any Person «« should be indicted for High Treason or Misprision of 666 Treason, a List of the Witnesses that should be produced on <“ the Trial for proving the same Indictment, and of the Jury, «« mentioning the Names, Professions, and Place of Abode of the «« said Witnesses and Jurors, should be also given at the same 66. Time that the Copy of the Indictment should be delivered to «« the Party indicted, and that Copies of all Indictments for the «« Offences aforesaid should be delivered to the Party indicted «« Ten Days before the Trial, and in Presence of Two or «« more credible Witnesses, any Law or Statute to the contrary «« notwithstanding:” And whereas the herein-before recited • statutable Enactments do not extend to Ireland; and it is
expedient just, and reasonable that they should be extended
" to that Part of the United Kingdom :' Be it therefore enacted Provisions of by the Queen's most Excellent Majesty, by and with the Advice 7 Anne, c. 21. extended to
and Consent of the Lords Spiritual and Temporal, and Commons, Ireland. in this present Parliament assembled, and by the Authority of
the same, That after the First Day of August One thousand eight hundred and fifty-four the Enactments in the said Act passed in the Session of the Parliament of Great Britain held in the Seventh Year of the Reign of Her late Majesty Queen, Anne contained and herein-before recited shall extend and apply to Ireland, and that as fully and effectually as if the same Enactments were here repeated.
CAP. XXVII. An Act for granting certain additional Rates and Duties of Excise.
[3d July 1854.] Most Gracious Sovereign, WE, Your Majesty's most dutiful and loyal Subjects, the
Commons of the United Kingdom of Great Britain and Ireland, in Parliament assembled, towards raising the Supplies to defray the Expenses of the just and necessary War in which Your Majesty is engaged, have freely and voluntarily resolved to give and grant unto Your Majesty the several additional Rates and Duties of Excise herein respectively mentioned; and do therefore most humbly beseech Your Majesty that it may be enacted ; and 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, as follows:
I. There shall be charged, raised, levied, collected, and paid Grant of unto and for the Use of Her Majesty, Her Heirs and successors, Duties of upon the several Goods and Commodities mentioned and described Schedules in the several Schedules marked respectively (A.) and (C.) here- (A.) and (C.) unto annexed, the several Sums of Money and additional Duties of Excise as they are respectively inserted, described, and set forth in the said Schedules; and there shall be made, allowed, and paid for or in respect of the Goods and Commodities men- Allowances tioned and described in the several Schedules marked respectively and Draw(B.) and (D.) hereunto annexed, the several Allowances and Schedules (B.) Drawbacks of Excise, as the same are respectively inserted, and (D.) described, and set forth in the said last-mentioned Schedules ; and the said Duties, Allowances, and Drawbacks respectively shall commence and take effect from the respective Days mentioned in the said Schedules or this Act respectively in Cases where special Dates are inserted, and in Cases where no Date is inserted the same shall commence and take effect from and after the passing of this Act.
II. The Duties by this Act granted on Malt shall continue The Duties by and be charged and paid during the present War, and until this Act and upon the Fifth Day of July next after the Ratification of granted on a definitive Treaty of Peace, and no longer : Provided always, tinue during that upon the ceasing of the said Duties on the Event and at the the War only. Time aforesaid the Duties of Excise on Malt, and the several Allowances and Drawbacks of Excise for or in respect of Malt used in the distilling of Spirits and brewing of Beer respectively, and granted or payable respectively under the several Acts in force in that Behalf immediately before the passing of this Act, shall revive, and be charged and allowed respectively in lieu of the Duties, Allowances, and Drawbacks by this Act granted upon or in respect of Malt, as if this Act had not been passed.
III. The said several Duties, Allowances, and Drawbacks of Duties, &c. to Excise by this Act granted and imposed and allowed respectively be under the
of shall be under the Management of the Commissioners of Inland the CommisRevenue, and shall be charged, raised, levied, collected, recovered, sioners of paid, applied, and allowed respectively in such and the like Inland ReveManner, and by the same Means, Ways, and Methods by which be collected and other Duties, Allowances, and Drawbacks of Excise upon or paid under the in respect of Goods or Commodities of the same Sorts or Kinds Provisions of
Acts relating to respectively are or may be respectively charged, raised, levied, Excise. collected, recovered, allowed, paid, and applied: and all Acts relating to the Duties, Allowances, and Drawbacks of Excise respectively, and all Fines, Forfeitures, Pains, and Penalties for any Offence against or in breach of any Act or Acts for securing the Duties of Excise or any of them, or for the Regulation or Improvement thereof, and the several Clauses, Provisions, Powers, and Directions contained in such Acts, shall and are
Malt in their
hereby directed and declared (except as altered by this Act) to extend to and shall be respectively applied, practised, and put in execution for and in respect of the said Duties, Allowances, and Drawbacks hereby granted, imposed, and allowed respectively, in as full and ample a Manner to all Intents and Purposes as if all and every the said Acts, Clauses, Provisions, Powers, and Directions, Pains, Penalties, and Forfeitures, were particularly repeated and re-enacted in the Body of this Act with reference to the said Duties, Allowances, and Drawbacks hereby respectively granted, imposed, and allowed as
aforesaid. Maltsters, IV. Every Maltster or Maker of Malt, Dealer in or Seller or Brewers, &c.
Retailer or Roaster of Malt, Brewer, Distiller, or Vinegar Maker, to give an Account of the and every other Person who, in trust for or for the Use, Benefit,
or Account of any such Person as aforesaid, had in his Custody sth May 1854, or Possession, or in his House, Outhouse, Barn, Granary, or in and Maltsters any other place whatsoever, upon the Eighth Day of May One to give a like
thousand eight hundred and fifty-four, any Parcel or Quantity Account of the of Malt whatsoever, ground or unground, shall, within Ten Days disposed of by next after the passing of this Act, give a true and particular them within Account thereof in Writing at the Office of Excise within the One Month
Limits of which he shall then inhabit: and every Maltster or previous to that Day, stating
Maker of Malt shall in like Manner give such Account of the
Disposal of all the Malt which he shall have made or had in his ticulars of Sale. Possession on or within One Calendar Month preceding the Penalty for Eighth Day of May One thousand eight hundred and fifty-four, Default,
specifying the Quantity of Malt and the Date of each and every Delivery thereof, and the Name and Residence of the Person to whom the same respectively was sold or delivered, and the Place at which the same respectively was delivered, upon pain of forfeiting the Sum of One hundred Pounds, or Forty Shillings for every Bushel of such Malt, at the Election of the Attorney General or the Person who shall sue or prosecute for the same, for every Neglect or Default therein; and the Malt belonging to any Person by whom any such Account ought to be given, and of which no such Account as aforesaid or of which a false
Account shall be given, shall be forfeited, and shall and may be Duty on Malt seized by any Officer of Excise ; and the Duty by this Act Stock in hand, imposed on Malt Stock in hand shall be payable and paid on or payable.
before the Fifth Day of July One thousand eight hundred and fifty-four, unless Security be given to the Satisfaction of the Commissioners of Inland Revenue for Payment of the same by Instalments at the Times and in manner following ; (that is to say,) One Eighth Part thereof on the Twenty-fourth Day of July One thousand eight hundred and fifty-four, One other Eighth Part thereof on the Fourth Day of September One thousand eight hundred and fifty-four, One other Eighth Part thereof on the Twenty-third Day of October One thousand eight hundred and fifty-four, Two Eighth Parts thereof on the Fourth Day of December One thousand eight hundred and fifty-four, and Three Eighth Parts, the Remainder thereof, on the Twenty
fourth Day of January One thousand eight hundred and
V. It shall be lawful for the Officers of Excise respectively to Officers of take a true and particular Account and Admeasurement of all Excise may
enter Premises such Malt as any Maltster or Maker of Malt, Dealer in or of Maltsters, Seller or Retailer or Roaster of Malt, Brewer, Distiller, or &c. to take an Vinegar Maker, or any Person in trust for or for the Use, Account of
Malt in Stock. Benefit, or Account of any such Person as aforesaid, shall have had, or been possessed of or interested in, on the said Eighth Day of May One thousand eight hundred and fifty-four, or at any Time since, or shall have or be possessed of or interested in at any Time within One Calendar Month next after the passing of this Act, and for that Purpose to enter into any Dwelling House, Outhouse, Barn, Granary, or other Place whatsoever belonging to every or any such Maltster or Maker of Malt, Dealer in or Seller or Retailer or Roaster of Malt, Brewer, Distiller, or Vinegar Maker, or other such Person as aforesaid, and every such Person is hereby required to permit and suffer such Officer or Officers, at any Time before the Duty upon such Malt shall be paid, to enter and take an Account and Admeasurement thereof, and for that Purpose to cast such Malt into a regular Form, for the better ascertaining the Quantity thereof; and if any such Person as aforesaid shall Penalty on not refuse to permit or suffer any Officer of Excise so to do, or if suffering any Person shall obstruct, oppose, molest, or hinder any Officer take Stock, or of Excise in the due Execution of such Powers hereby given, molesting them or shall use or permit or suffer to be used any Means, "Art, or in the ExecuContrivance by which any Officer may be deceived, hindered, Duty, or for or obstructed in ascertaining or taking a true Account of the clandestinely actual Quantity of all such Malt, such Person so offending shall removing
Malt, &c. forfeit One hundred Pounds, or Forty Shillings for every Bushel of such Malt, at the Election of Her Majesty's Attorney General or the Person who shall sue or prosecute for the same, for every such Offence; and if any Maltster or Maker of Malt, Dealer in or Seller or Retailer or Roaster of Malt, Brewer, Distiller, or Vinegar Maker, or any other Person having in his Custody or Possession any Quantity of Malt chargeable by this Act with the said Duty or Duties or any Part thereof for Stock in hand as aforesaid, shall have clandestinely removed or carried away or caused or suffered to be removed or carried away the same or any Part thereof before the Duties thereupon shall be charged, or shall fraudulently conceal or hide or cause or suffer to be concealed or hidden, or shall not produce to the Inspection of the