and are suited to the Purpose for which such Lands, Tenements, Hereditaments, Messuages, or Premises may be required, and whether the Owner or Owners thereof or Persons interested therein, are willing to treat and agree for the same; and if they shall so find, the Owner or Owners of or Persons interested in the Lands so surveyed or marked out as aforesaid, or of the Messuages, Tenements, Hereditaments, or Premises so required, shall not be compellable by virtue of this Act to sell or dispose of the same: Provided also, that where the Owner or Owners of or Persons interested in any Lands, Messuages, Tenements, Hereditaments, or Premises required by virtue of this Act to be given up for the Purposes aforesaid shall prefer to sell the same outright, and shall be able to make a good Title to the Fee Simple thereof, it shall be lawful for them to insist on so doing; and in such Case the Jury so summoned as aforesaid shall find the Value of the Fee Simple of such Lands, Tenements, Messuages, Hereditaments, or Premises, and the same shall be paid to the Owner or Owners thereof or Persons interested therein in the Manner directed by this Act.

Court of Session, &c. in

Scotland.

XXXVIII. Provided also, and be it enacted, That if the said If any Person Commissioners of Her Majesty's Treasury, or any Person interested be dissatisfied therein, shall be dissatisfied with the Verdict of any such Jury, it with Verdict, Appeal may shall be lawful for them or their Attornies in England and Ireland be made to the to apply to the Court of Exchequer at Westminster or Dublin Court of Exrespectively in the next Term, and in Scotland to apply within chequer in Fourteen Days after the finding any such Verdict to the Court of England or IreSession in Scotland in Time of Session or Lord Ordinary on the land, or to the Bills in Time of Vacation, to suggest to the said Courts or Lord Ordinary respectively that they have reason to be dissatisfied with such Verdict, and forthwith to give Notice thereof to the said Commissioners or Party (as the Case may be); and thereupon in England and Ireland the Proceedings that shall have been had, and the Verdict of such Jury, shall be returned into the said Courts of Exchequer respectively; and if it shall appear to the said Courts to be proper, a Suggestion shall be entered on such Proceedings as aforesaid, and a Writ shall thereupon, by Rule of such Court, or Order of any Judge of such Court, be directed to the Sheriff of such County where the Lands shall lie, or the Messuages, Tenements, Hereditaments, or Premises shall be, or, if the same shall lie or be in Two Counties, to the Sheriff of either of such Counties, to summon either a Common or Special Jury, according to the Application that shall have been made on that Behalf, and as the Court or such Judge shall allow, and who shall respectively be qualified according to Law, to appear before the said Justice of Assize or Nisi Prius of that County at the next Assizes or Sittings of Nisi Prius if the same shall not happen sooner than Twenty-one Days after such Suggestion, otherwise at the next succeeding Assizes or Sittings; and the Compensation to be paid for the Possession or Use of such Lands, Messuages, Tenements, Hereditaments, or Premises shall at such Assizes or Sittings be ascertained by such Jury in like Manner as any Damages may be inquired of upon any Inquisition or Inquiry of Damages by any Jury before any Judge of Assize or Nisi Prius; and the Verdict of such Jury shall be returned to the said Courts of Exchequer,

Jury, in ascer taining Com. pensation for Premises, to settle Propor

to Lessees.

Exchequer, and shall be final and conclusive; and in Scotland, if it shall appear proper to the said Court of Session or Lord Ordinary, upon such Application so to do, the said Court or Lord Ordinary shall order and direct the Sheriff of the County where such Lands, Messuages, Tenements, Hereditaments, or Premises shall lie and be, or if the same shall lie or be in Two Counties, the Sheriff of either of such Counties, to summon another Jury in the Manner in which Juries are summoned in Scotland, properly qualified according to Law, to appear before the Lords or Lord of Justiciary at the next Circuit if the same shall not happen sooner than Twenty-one Days after such Application, otherwise the next succeeding Circuit; and the Compensation as aforesaid for the Land, Messuages, Tenements, Hereditaments, and Premises shall at such Circuit be ascertained by a Jury drawn from a Jury summoned as aforesaid in such Manner as Juries are drawn in Scotland under the Direction of the said Lords or Lord of Justiciary as aforesaid; and the Verdict of such last-mentioned Juries shall be final and conclusive, without being subject to Review or Challenge of any Kind, unless the Court that shall have allowed such Inquiry shall think fit, on any Application made within Four Days after the Commencement of the succeeding Term, or Session if in Scotland, to order any new Trial in relation thereto.

XXXIX. Provided always, and be it enacted, That it shall be lawful for any Jury impannelled before any Justice of the Peace, Magistrate, Deputy Lieutenant or Deputy Governor, or before any Judge of Assize or Nisi Prius, to ascertain the Compensation to tion to be piad be paid for any Lands under this Act, and they are hereby required to ascertain and settle the Proportion to be paid out of such Compensation to any Person or Persons having any Interest as Lessees or Tenants at Will or otherwise, in any such Lands, and the Proportion to be paid out of such Compensation shall be returned on the Verdict: Provided also, that where any such Inquiry before any Judge of Assize or Nisi Prius, or Lords or Lord of Justiciary, shall be had on the Application of any such Lessee or Tenant at Will, or other Person having any inferior Interest in any such Lands, Messuages, Tenements, Hereditaments, or Premises, who may have been dissatisfied with the Proportion of Compensation settled by the Jury to be paid in respect of such Interest, it shall not be lawful for the Jury in any such Case to alter the Amount of the entire Compensation awarded by any former Verdict to be paid for such Lands, Messuages, Tenements, Hereditaments, or Premises, but only the Proportion thereof to be paid to the Person or Persons having separate Interests therein: and it shall not be lawful for any Jury, on any Inquiry had before any Judge of Assize or Nisi Prius, or Lords or Lord of Justiciary, as to any Compensation, on the Application of the said Commissioners of Her Majesty's Treasury, in any Case in which the whole Compensation, awarded by the former Jury is confirmed by the Jury on such Inquiry, to alter the Proportion that shall have been settled by any such former Jury as to any separate Interest in any such Lands, Tenements, Messuages, Hereditaments, or Premises.

Security to be given for Costs.

XL. Provided also, and be it enacted, That it shall be lawful for the Court or Judge or Lord Ordinary making any such Rule

or

or Order to require that the Party on whose Application the same shall be made shall give such Security as shall to such Court, Judge, or Lord Ordinary seem proper, for Payment of Costs under such Circumstances as shall be specified in any Rule or Order made for that Purpose.

to Owners.

XLL And be it enacted, That in all Cases where any Lands Upon delivering shall be taken under the Provisions of this Act for any Term of up Lands to the Years, or for such Period only as the Public Service shall require, Erections for Owners, all it shall be lawful for the Commissioners of Her Majesty's Trea- the public Sersury, or any other Person or Persons so authorized as aforesaid, vice to be reat any Time before the Possession of any Lands which shall have moved, making been taken for the Purposes aforesaid shall be delivered up to the Compensation Owner or Owners thereof, or other Person or Persons acting on his or their Behalf, to take down and remove all such Buildings or other Erections which shall or may have been built or erected thereon for the Public Service, and to carry away the Materials thereof, making such Compensation to the Owner or Owners of such Lands, or other Person or Persons acting on his, her, or their Behalf, for the Damage or Injury which may have been done thereto, or to the Soil thereof, by the Erection of any such Buildings, or removing and carrying away the same or otherwise, in consequence of the same having been occupied for the Public Service, as the said Commissioners of Her Majesty's Treasury, or such other Person or Persons authorized as aforesaid, shall think reasonable, and as shall be agreed upon in that Behalf; and if such Owner or Owners or other Person or Persons acting on his, her, or their Behalf, shall not be willing to accept the Compensation so offered, it shall be lawful for the said Commissioners of Her Majesty's Treasury, or other Person or Persons so authorized as aforesaid, to apply to and require Two Justices of the Peace of the County, Riding, Stewartry, City, or Place to settle and ascertain the Compensation which ought to be made for such Damage or Injury as aforesaid; and such Justice shall settle and ascertain the same accordingly, and shall grant a Certificate thereof; and the Amount of such Compensation, so settled and ascertained and certified, shall forthwith be paid by Warrant of the Commissioners of Her Majesty's Treasury, or any Three or more of them, to the Person or Persons entitled thereto : Provided always, that nothing in this Act shall extend or be construed to extend to alter, prejudice, or affect any Agreement which hath been or shall or may be entered into by any such Person or Persons authorized as aforesaid with any Owner or Owners of any such Lands, or other Person or Persons acting on his, her, or their Behalf, in relation to any such Buildings or Erections, but every such Agreement shall remain valid and effectual in like Manner as if this Act had not passed.

citated Persons,

XLII. And be it enacted, That in all Cases where any Money Purchase shall have been or shall be agreed, or shall have been or shall be Money belongfound by the Verdict of any Jury, to be paid or given for the ing to incapaUse or Possession of any Lands, Messuages, Tenements, Heredita- &c. to be paid ments, or Premises taken by virtue of this Act, belonging to any to the proper Person or Persons under any Disability or Incapacity, or not Officer of the having the absolute Interest therein, the same shall be paid by Exchequer for Warrant of the Commissioners of Her Majesty's Treasury, or any

8 & 9 VICT.

Rr

Three

their Use.

Barons of the

Money.

Three of them, into the Hands of the proper Officer of Her Majesty's Court of Exchequer at Westminster, Edinburgh, or Dublin respectively for the Time being for receiving the Monies belonging to the Suitors of the said Court respectively, for the Use and Benefit of such Person or Persons; and such Officer is hereby authorized and required to receive or accept and to give a Discharge for such Money, and upon the Acceptation or Receipt thereof to sign a Certificate to the Barons or Judges of the said Courts of Exchequer respectively, under his Hand, purporting and signifying that such Money or other Consideration was received or accepted by and paid to him in pursuance of this Act for the Use and Benefit of such Person or Persons who shall be named and described in such Certificate; and the said Certificate shall be filed or deposited in the said Court of Exchequer at Westminster, Edinburgh, or Dublin respectively, and a true Copy thereof, signed by such Officer of such Court, shall and may be read and allowed as Evidence for the Purposes herein-after mentioned; and such Officer of such Court is hereby required, upon Receipt of any such Sum or Sums of Money as aforesaid, to pay the same into the Bank of England, or Bank of Scotland or Royal Bank of Scotland, or Bank of Ireland, as the Case may require; and immediately upon the filing or depositing of such Certificate the said Lands, Messuages, Tenements, Hereditaments, or Premises shall be vested in or to the Use of Her Majesty, Her Heirs and Successors.

XLIII. And be it enacted, That the Barons or Judges of Her Exchequer, &c., Majesty's Court of Exchequer at Westminster, and the Barons or on Petition of Judges of Her Majesty's Court of Exchequer at Edinburgh or Parties interest- Dublin, for the Time being respectively, or any Two or more Application of of them, shall be and they are hereby authorized and empowered in a summary Way, upon Motion or by Petition for and on behalf of any Person or Persons interested in or entitled to the Benefit of the Money so paid to and received by the proper Officer of the said Courts respectively, or the Interest or Produce thereof, and upon reading the Certificate directed to be signed by the said Officer concerning the same as aforesaid, and receiving such further Satisfaction as they shall think necessary, to make and pronounce such Orders and Directions for paying the said Money, or any Part of the same, or for placing out such Part thereof as shall be Principal in the Public Funds, or upon Government or Real Securities, and for Payment of the Dividends or Interest thereof, or any Part thereof, to the respective Persons entitled to receive the same, or for laying out the Principal, or any Part thereof, in the Purchase of other Lands, to be conveyed and settled to, for, and upon the same Uses, Trusts, Intents, and Purposes as the said Lands so taken stood settled at the Time of the Payment of such Money as aforesaid, as near as the same can be done, or otherwise concerning the disposing of the said Money, or any Part thereof, and the Interest of the same, or any Part thereof, for the Benefit of the Person or Persons respectively, or for appointing any Person or Persons to be Trustee or Trustees for all or any of such Purposes, as the said Courts respectively shall think just and reasonable.

XLIV. And

Officer of Ex

XLIV. And be it enacted, That upon the Death, Removal, or On the Death, Resignation of any such Officer of the said Courts of Exchequer Removal, or all Stocks and Securities vested in him by virtue of this Act shall Resignation of vest in the succeeding Officer of the Exchequer, for the Purposes chequer, Stocks herein-before mentioned, without any Assignment or Transfer; and Securities and all Monies paid in the said Banks respectively in pursuance shall vest in of this Act, or remaining in the Hands of any such Officer at his Successor. Death, Resignation, or Removal, and not vested in the Funds or placed out on Securities as aforesaid, shall be paid over to the succeeding Officer for the like Purpose for the Time being.

XLV. Provided always, and be it enacted, That nothing in Gardens not to this Act contained shall be construed to extend to any Garden or be affected. Pleasure Ground, or to any Land immediately contiguous to and used as the Curtilage or Homestead of any Dwelling House.

deemed the Act

XLVI. And be it enacted, That every Order, Document, Documents Instrument, or Writing relating to the Customs or to the Law of signed by Three Navigation, required by any Law at any Time in force to be under Commissioners the Hands of the Commissioners of Her Majesty's Treasury, being of the whole signed by Three or more of such Commissioners, shall be deemed to Commissioners. be an Order, Document, Instrument, or Writing under the Hands of the Commissioners of Her Majesty's Treasury accordingly. XLVII. And be it enacted, That this Act shall be registered in the Royal Court of the Island of Jersey, and that the said Royal Court shall have full Power and Authority and is hereby required to register the same.

Act to be regis. tered in Royal Court of Jersey.

XLVIII. And be it enacted, That this Act may be altered, Alteration of varied, or repealed by any Act to be passed in the present Session Act. of Parliament.

CA P. LXXXVI.

An Act for the general Regulation of the Customs.

[4th August 1845.] WHEREAS an Act was passed in the Session of Parlia

ment holden in the Third and Fourth Years of the

Reign of His late Majesty King William the Fourth, intituled

An Act for the general Regulation of the Customs, whereby the 3&4 W. 4. c. 52. 'Laws of Customs in relation to the general Regulation of the Customs were consolidated : And whereas since the passing of

'the said Act divers Parts of Acts for the Amendment of the Law in this respect have been found necessary, and it will be of advantage to the Trade and Commerce of the Country that the said Act and Parts of Acts should be consolidated into One Act :' 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 and after the passing Commence

of this Act the same shall come into and be and continue in full ment of Act. Force and Operation for the Purposes mentioned therein, except where any other Commencement is herein particularly directed.

INWARDS.

General Provi

II. And whereas it is expedient that the Officers of Customs 'should have full Cognizance of all Ships coming into any Port in the United Kingdom or in the Isle of Man, or approaching the Coasts thereof, and of all Goods on board or which may have 'been on board such Ships, and also of all Goods unladen from No Goods to

Rr 2

sion.

any be landed, &c.