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Punishments

and Forfeitures

récited Act on Persons by

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between such Lands, and Roads, Highways, and Paths, so that not only has the Destruction of Game or Rabbits not been prevented, but the Risk of Murder and other grievous Offences contemplated by the said Act has been increased, and great Danger and Alarm occasioned to Persons using such Roads, Highways, and Paths; and it is expedient that the Remedies provided by the said Act against such Offences as herein-before mentioned should be extended and applied to the like Offences committed upon such Roads, Highways, and Paths: 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 from imposed by the and after the passing of this Act all the Pains, Punishments, and Forfeitures imposed by the said Act upon Persons by Night unlawfully taking or destroying any Game or Rabbits in any Land, open or inclosed, open or inclosed, as therein set forth, shall be applicable to and imposed upon any Person by Night unlawfully taking or destroying any Game or Rabbits on any public Road, Highway, or Path, or the Sides thereof, or at the Openings, Outlets, or Gates from any such Land into any such public Road, Highor Path, in the like Manner as upon any such Land, open public Road,&c. or inclosed; and it shall be lawful for the Owner or Occupier of any Land adjoining either Side of that Part of such Road, Highway, or Path where the Offender shall be, and the Gamekeeper or Servant of such Owner or Occupier, and any Person assisting such Gamekeeper or Servant, and for all the Persons authorized by the said Act to apprehend any Offender against the Provisions thereof, to seize and apprehend any Person offending against the said Act or this Act; and the said Act, and all the Powers, Provisions, Authorities, and Jurisdictions therein or thereby contained or given, shall be as applicable for carrying this Act into execution as if the same had been herein specially set forth.

Night destroying Game or Rabbits in any

open or inclosed Land to apply

to Persons by Night destroy

ing Game or Rabbits on any

Act may be amended, &c.

way,

II. And be it enacted, That this Act may be amended or repealed by any Act to be passed during this Session of Parlia

ment.

53 G. 3. c. 72.

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CAP. XXX.

An Act to alter and amend an Act of the Fifty-third
Year of King George the Third, for the Appoint-
ment of a stipendiary Magistrate to act within the
Townships of Manchester and Salford.

[4th July 1844.] WHEREAS an Act was passed in the Fifty-third Year of the Reign of His Majesty King George the Third, 'intituled An Act for the more effectual Administration of the Office of a Justice of the Peace within the Townships of Man• chester

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chester and Salford in the Hundred of Salford in the County • Palatine of Lancaster; and to provide by means of a Rate on the said Townships a competent Salary to a Justice of the "Peace acting within the said Townships; and to enable the Constables of Manchester and Salford to take Recognizances in " certain Cases: And whereas by the said Act it was provided that the Justice to be appointed under the Provisions thereof should daily (Sundays excepted) attend at the New Bailey Court House in Salford, and that the said Township of Man• chester should contribute Seven Eighth Parts of the Salary 'payable to such Justice, which Salary was by the said Act 'fixed at the Sum of One thousand Pounds per Annum: And whereas since the passing of the said Act Her Majesty has been pleased to grant a Charter of Incorporation to the said Township of Manchester, and the adjoining Townships of "Chorlton-upon-Medlock, Hulme, Ardwick, Cheetham, and the extra-parochial District of Beswick, under and by virtue of the Powers and Provisions contained in an Act passed in the Sixth Year of His late Majesty King William the Fourth, 'intituled An Act to amend the Laws relating to Corporations in 5&6W.4.c.76. • England and Wales, and has by such Charter conferred upon the said incorporated Borough of Manchester all the Powers and Provisions of the said Act: And whereas since the said Incorporation a separate Commission of the Peace has been 'granted to and for the said Borough, and a Borough Court is • now held therein, the daily Business whereof is fully sufficient to require the Services of a stipendiary Magistrate appointed to act within and for the said Borough: And whereas the Council of the said Borough have declared that it is requisite ⚫ that a salaried Police Magistrate should be appointed for the ' said Borough, and under and by virtue of the Powers given to them in that Behalf in and by the said last-mentioned Act have made a Bye Law fixing the Amount of the Salary to be ⚫ paid to such Magistrate out of the Borough Fund of the said ⚫ Borough at One thousand Pounds per Annum: And whereas it is in and by the said Act declared that it shall be lawful for Her Majesty, if She shall think fit, to appoint a Barrister of ⚫ not less than Five Years standing to be during Her Majesty's Pleasure the Police Magistrate of the said Borough: And whereas it is expedient that the Township of Manchester ⚫ should be exempted from Liability to contribute towards the • Payment of the Salary of the Magistrate appointed under and by virtue of the said first herein-before recited Act, and that a Police Magistrate should, under and in pursuance of the Pro⚫ visions in that Behalf contained in the said Act passed in the Sixth Year of the Reign of His Majesty King William the Fourth, be appointed to act in and for the said Borough:' May it therefore please Your Majesty that it may be enacted; and 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, Appointment of and by the Authority of the same, That the Magistrate ap- a stipendiary pointed Magistrate."

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Acts authorized

to be done by the stipendiary Magistrate appointed under first-recited Act

may be done by the Magistrate appointed under

this Act.

Repeal of certain Provisions

of first-recited

Act.

Expences of this Act.

Public Act.

pointed under the said recited Act of the Fifty-third Year of the Reign of His Majesty King George the Third who shall be in Office at the Time of the passing of this Act shall be the first stipendiary Magistrate of the Borough of Manchester, and shall be considered to have been duly appointed in accordance with the Provisions of the said recited Act of the Sixth Year of the Reign of His late Majesty King William the Fourth, and shall have the like Authority, and be entitled to the same Remuneration, and be subject to the same Duties and Responsibilities, as though he had been appointed under and by virtue of the said lastly-mentioned Act.

II. And be it enacted, That whenever by any Act now in force relating to the said Borough of Manchester or any Part thereof any Act is specifically authorized or directed to be done within the said Borough by the stipendiary Magistrate appointed under the said recited Act passed in the Fifty-third Year of the Reign of His Majesty King George the Third, the same may be done by the stipendiary Magistrate for the Time being of the said Borough, who shall have the same Powers and Authority in relation thereto as are by any of the said Acts now in force given to or vested in the stipendiary Magistrate appointed under the said firstly herein-before recited Act.

III. And be it enacted, That from and after the passing of this Act all the Powers and Provisions of the said recited Act passed in the Fifty-third Year of the Reign of His Majesty King George the Third, so far as they authorize, direct, or require the Payment by the Township of Manchester of Seven Eighth Parts or any other Part of the Salary of One thousand Pounds per Annum payable to the Police Magistrate thereunder appointed, or which authorize the making or levying of any Rate within the said Township for the Purpose of raising such Salary or any Part thereof, and also any Provisions which direct, authorize, or require the Payment to the said Township of Manchester, or to any Person or Persons on behalf of such Township, of any Part or Portion of the Recognizances taken and estreated in the said County Palatine of Lancaster, shall be repealed.

IV. And be it enacted, That the Expences incident to the soliciting, obtaining, and passing this Act shall be paid out of the Borough Fund of the said Borough.

V. And be it enacted, That this Act shall be a Public Act, and shall be judicially taken notice of as such.

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CAP. XXXI.

An Act for the warehousing of Foreign Goods for
Home Consumption at the Borough of Manchester
in the County of Lancaster. [4th July 1844.]
WHEREAS by an Act made and passed in the Third and
Fourth Years of the Reign of His late Majesty King

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William the Fourth, intituled An Act for the warehousing of 3&4 W.4.c.57. Goods, Regulations are made for the warehousing of Foreign

Provisions and

contained.

Goods, without Payment of Duty at the Ports of the United Kingdom: And whereas it is expedient to permit such Goods to be removed from such Ports to be warehoused within or near to the Borough of Manchester for Home Consumption only: May it therefore please Your Majesty that it may be enacted; and 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 from Borough of and after the passing of this Act the said Borough of Manchester Manchester to shall be a warehousing Borough or Place for Goods for Home be a Place for warehousing Consumption only, for the Purposes of this Act, subject to the Goods for Home Provisions and Limitations herein-after contained; and that it Consumption, shall be lawful for the Commissioners of Her Majesty's Cus- subject to the toms, by their Order, from Time to Time to appoint the Places Limitations or Premises within or near the said Borough, or within the herein-after Distances from the Town Hall in Manchester herein-after mentioned, which shall be the Warehouses and Places for depositing Goods removed under this Act, and also to make all such Rules, Regulations, and Conditions, and to require such Securities respecting such Warehouses and Places, and the Goods lodged therein, as they are empowered by the said recited Act to make and require in respect of Warehouses and Goods at Ports, and the Owners or Occupiers of such Warehouses or Places within or near the said Borough, or within the Distance from the Town Hall in Manchester herein-after mentioned; and the Goods lodged therein, and the Owners of such Goods, shall be subject to the same Conditions, Penalties, Forfeitures, and Liabilities as the like Parties or Goods are or may be subject to in Ports under and by virtue of the said recited Act, or of any Acts made or to be made relating to the Customs: Provided always, nevertheless, that all Warehouses or other Places to be appointed as aforesaid for the Deposit of Goods under or by virtue of this Act shall be situated within Two thousand Yards from the Town Hall at Manchester, or within such Distances therefrom as the Lords Commissioners of the Treasury or the Commissioners of Her Majesty's Customs may approve of and direct.

sioners of Cus

II. And be it enacted, That the Commissioners of Her Ma- Act not to rejesty's Customs shall not be required by any thing herein con- quire Commis. tained to provide the Warehouses for the Deposit of Tobacco in toms to provide the said Borough of Manchester, but that such Warehouses shall Warehouses for be provided in the same Manner and at the like Expence as Deposit of Warehouses for the warehousing of other Goods under this Act, Manchester.

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and

Tobacco in

Goods are deposited under

this Act.

7 & 8 VICT. and shall be subject to the same Conditions and Regulations in every respect as Warehouses for warehousing Tobacco are or may be subject to under any Act or Acts made or to be made relating to the Customs.

Provisions of III. And be it enacted; That from and after the passing of recited Act to this Act the said recited Act and all other Acts now or hereapply to Warehouses in which after to be made relating to the Customs, and all the Powers, Authorities, and Provisions, Privileges, and Forfeitures, Penalties, Matters, and Things whatsoever therein contained, except as such Powers, Authorities, Provisions, Privileges, Penalties, Forfeitures, Matters, and Things are repealed or altered by this Act, shall extend and apply, and be construed to extend and apply, to all Warehouses within or near the said Borough of Manchester, or within the Distance aforesaid, in which Goods may be deposited under this Act, and to all Goods which shall be removed thereto from any Port, or which shall be at any Time deposited therein, so far as the same are applicable to the warehousing of Goods for Home Consumption only within or near the said Borough or the Distance aforesaid.

Account of Ex

pences incurred under this Act to be sent to the

by the Customs

Council of the
Borough.

Commissioners

of Customs may pences of Collection, &c. not

distrain if Ex

paid within certain Times.

IV. And be it enacted, That the Commissioners of Her Majesty's Customs shall cause an Account to be kept of all the Expences incurred by them in the Management and Collection of the Customs and other Duties payable in respect of the Goods deposited in such Warehouses or Places within or near the said Borough or Distances aforesaid, and of the Maintenance of the Establishment of Officers and Clerks necessary for such Management and Collection, and that on the First Day of January in every Year the said Commissioners shall cause a Copy of the said Account to be furnished to the Council of the said Borough, and the said Council shall forthwith order the same to be paid to the Commissioners of Her Majesty's Customs out of the Borough Fund of the said Borough of Manchester; and in case the Council of the said Borough shall be of opinion that the Amount claimed by the said Account is excessive, or in case any Difference shall arise concerning the said Account, it shall be lawful for the said Council to appeal to the Lords of the Treasury, who thereupon shall make such Order concerning the same as to them shall seem just, which Order shall be conclusive and binding on all Parties: Provided also, that every such Appeal shall be made by the said Council within Three Calendar Months next after any such Account shall have been furnished to the Council as aforesaid.

V. And be it enacted, That in case the said Council shall, for the Space of Three Months next after any Account hereby required to be rendered to the said Council shall have been delivered to the said Council, or to the Treasurer of the Borough, neglect or refuse to make an Order for or cause Payment of such Account to be made, in case there shall be no Difference or Dispute about the same, or shall neglect or refuse for the Space of One Calendar Month next after any Order or Minute made by the Lords of the Treasury, or any Three or more of them, upon any Appeal made to them upon any such disputed Account,

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