person of the party against whom such order or decree shall have been made respectively, in order to enforce obedience to and performance of the same, as fully and effectually, to all intents and purposes, as if such order or decree had been originally pronounced in the said Court of Chancery in England; and it shall and may be lawful to and for the lord chancellor, lord keeper, or lords commissioners of the great seal of England for the time being from time to time to make orders upon petition, as the occasion may require, for payment of money levied under such process as aforesaid into the Bank of England, with the privity of the accountant general of the said court, to the credit and for the benefit of the party who shall have obtained such order or decree; and the governor and company of the Bank of England are hereby authorized and required to receive and hold all such monies, subject to the orders of the said Court of Chancery: Provided always, that no such monies shall be charged with or subject to poundage, when the same shall be paid out by order of the said court.

The statutes of England and of Great Britain, printed and published by

the printer
duly authorized
by his Majesty
ceived as

shall be re

evidence in any court in

IX. AND for the better and more effectual proof of the statute law of the kingdoms of Great Britain and Ireland, and of England and Ireland, previous to the union of the said kingdoms, in all courts of civil and criminal jurisdiction in every part of the said United Kingdom; be it enacted, that the copy of the statutes of the kingdom of England, and of the kingdom of Great Britain since the union with Scotland, printed and published by the printer duly authorized to print and publish the same by his Majesty, or by any of his royal predecessors, shall be received as conclusive evidence of the several statutes made and enacted prior to the union of the kingdoms of Great Britain and Ireland by the Parliaments of England and Great Britain respectively, in all suits, actions, or prosecutions respectively commenced, instituted, or carried on, or to be commenced, instituted, or carried on in any court of civil or crimi- Ireland, and nal jurisdiction in that part of the United Kingdom called Ireland; and in Ireland prior like manner the copy of the statutes of the kingdom of Ireland, made and to the union, enacted by the Parliament of the same prior to the union of the kingdoms of published, shall Great Britain and Ireland, and printed and published by the printer duly authorized by his Majesty, or any of his royal predecessors, to print and publish the same, shall be received as conclusive evidence of the several statutes made and enacted by the Parliament of Ireland prior to the union of the kingdoms of Great Britain and Ireland, in all suits, actions, or prosecutions respectively commenced, instituted, or carried on, or to be commenced, instituted, or carried on in any court of civil or criminal jurisdiction in that part of the United Kingdom called Great Britain.

the statutes of

so printed and

be evidence in

any court in

Great Britain.

CHAPTER CIII.

AN ACT to empower His Majesty to regulate the Trade and Commerce to and from the Isle of Malta until the signing a Definitive Treaty of Peace, and from thence until Six Weeks after the next Meeting of Parliament ; and to declare the Isle of Malta to be Part of Europe. [2d July 1801.]

WHEREAS the island of Malta, with the dependencies thereof, are now

in the possession of his Majesty, .

Malta shall be deemed part of Europe.

III. AND be it further enacted, that the said island of Malta and dependencies thereof shall be deemed, taken, and construed to be part of Europe for all purposes, and as to all matters and things whatever; any law or laws, usage or custom, or Act or Acts, to the contrary thereof notwithstanding.

Judges of

CHAPTER CV.

AN ACT to authorise the Judges to whom Petitions for certain Bills shall be referred, to examine Witnesses upon Oath. [2d July 1801.] WHEREAS it is expedient that the judges to whom any petition for any bill concerning lands or hereditaments in that part of the United Kingdom called Ireland, or concerning lands, hereditaments, or other heritable subjects in that part of the United Kingdom called Scotland, shall be referred by the lords spiritual and temporal in Parliament assembled, should be authorized to administer an oath to all such witnesses as may be examined before them touching the matter of such petition: May it therefore please your Majesty that it may be enacted, and be it 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 it shall be lawful for any one or more of the said judges of that part of the United Kingdom called Scotland, to whom any petition for any bill concerning lands, hereditaments, or other heritable subjects in that part of the United Kingdom called Scotland, shall be referred by the lords spiritual and temporal, in Parliament assembled, and for any one or more of the judges of that part of the United Kingdom called Ireland, to whom any such petition concerning lands or other hereditaments in that part nesses on oath. of the United Kingdom called Ireland shall be referred as aforesaid, to examine upon oath all such witnesses as shall be produced before them touching the matter of such petition and reference, and for that purpose to administer an oath accordingly; and every oath which shall be so taken shall be as available and effectual to all intents and purposes, and every person who shall take such oath shall be punishable for any false evidence he shall give under such oath, in the same manner as if the said oath had been administered to the witness taking the same at the bar of the House of Lords.

Scotland or Ireland to whom petitions for bills respecting

lands may be referred by

the House of Lords, may examine wit

CHAPTER CIX.

AN ACT for consolidating in One Act certain Provisions usually inserted in Acts of Inclosure; and for facilitating the Mode of proving the several Facts usually required on the passing of such Acts. [2d July 1801.] HEREAS in order to diminish the expence attending the passing of Acts of Inclosure it is expedient that certain clauses usually contained in such Acts should be comprised in one law, and certain regulations adopted for facilitating the mode of proving the several facts usually required by Parliament on the passing of such Acts: May it therefore please your Majesty that it may be enacted, and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and

6

commissioner

temporal, and commons, in this present Parliament assembled, and by the authority of the same, that no person shall be capable of acting as a commis- No person sioner in the execution of any of the powers to be given by any Act hereafter shall act as a to be passed for dividing, allotting, or inclosing any lands or grounds, except under any the power of signing and giving notice of the first meeting of the commis- future Act for sioner or commissioners for executing any such Act, and of administering the oath or affirmation herein-after directed, until he shall have taken and subscribed the oath or affirmation following:

inclosing lands, except for the purpose of signing notice of first meeting and administer

ing the oath,

A.B. do swear [or, being one of the people called Quakers, do solemnly affirm], that I will faithfully, impartially, and honestly, according to the 'best of my skill and ability, execute and perform the several trusts, powers, oath herein

until he shall

have taken the

' and authorities vested and reposed in me as a commissioner, by virtue of mentioned.

Oaths and ap

pointment of new commis

inrolled with

the award, and a copy of the

inrolment

admitted as

an Act for [here insert the title of the Act], according to equity and good 'conscience, and without favour or affection, prejudice or partiality, to any person or persons whomsoever. So help me GOD.' Which oath or affirmation it shall be lawful for any one of the commissioners, where more than one shall be appointed by any such Act, or any one justice of the peace for the county within which the said lands or grounds shall be situated, where only one commissioner shall be so appointed, to administer, and they are hereby respectively required to administer the same; and the sioners to be said oath or affirmation so to be taken and subscribed by each commissioner, and also the appointment of every new commissioner, shall be annexed to and inrolled with the award of any commissioner or commissioners, and a copy of the inrolment thereof shall be admitted as legal evidence. II. AND be it further enacted, that every person appointed a commissioner Commissioners in or by virtue of any such Act, who shall refuse or decline to act as such, declining to act, shall forthwith give notice in writing to the other commissioner or commissioners of his intention to refuse or decline acting as a commissioner: Provided always, that no such commissioner shall be capable of being a purchaser of any part or parts of the lands, tenements, or hereditaments within any parish in which the lands and grounds intended to be inclosed are situate, either in his own name or in the name or names of any person or persons, until five years after the date and execution of the award to be made by any such commissioner or commissioners.

evidence.

to give notice of such intenother commissioners; and sioner shall purchase any

tion to the

no commis

lands within

any parish in which are to

which the in

be made for a

limited time.

III. AND whereas disputes or doubts may arise concerning the boundaries of parishes, manors, hamlets, or districts, to be divided and inclosed, and of parishes, manors, hamlets, or districts adjoining thereto : Be it therefore Commissioners enacted, that the commissioner or commissioners appointed in or by virtue of into the bounshall inquire any such Act shall, and he or they is and are hereby authorized and required, daries of parby examination of witnesses upon oath or affirmation (which oath or affir- ishes, and if not sufficiently mation any one of such commissioners is hereby empowered to administer), ascertained, and by such other legal ways and means as he or they shall think proper, to them, giving they shall fix enquire into the boundaries of such several parishes, manors, hamlets, or previous notice districts; and in case it shall appear to such commissioner or commissioners tion so to do. that the boundaries of the same respectively are not then sufficiently ascertained and distinguished, such commissioner or commissioners shall and he or they is and are hereby authorized and required to ascertain, set out, determine, and fix the same respectively; and after the said boundaries shall be so ascertained, set out, determined, and fixed, the same shall and are hereby

of their inten

declared to be the boundaries of such parishes, manors, hamlets, or districts: Provided always, that such commissioner or commissioners (before he or they proceed to ascertain and set out the boundaries of such parishes, manors, hamlets, or districts) shall and he or they is and are hereby required to give publick notice, by writing under his or their hands to be affixed on the most publick doors of the churches of such parishes, and also by advertisement to be inserted in some newspaper to be named in such Act, and also by writing to be delivered to or left at the last or usual places of the abode of the respective lords or stewards of the lords of the manors in which the lands and grounds to be inclosed shall be situate, and of such adjoining manor or manors, ten days at least before the time of setting out such boundaries, of Commissioners his or their intention to ascertain, set out, determine, and fix the same respecdescription of tively; and such commissioner or commissioners shall, within one month after his or their ascertaining and setting out the same boundaries, cause a description thereof in writing to be delivered to or left at the places of abode of one churchwardens, of the churchwardens or overseers of the poor of the respective parishes, and

shall cause a

boundaries to be delivered to one of the

&c. of the respective parishes, and the lords of

manors or their

stewards. Persons dis

also of such respective lords or stewards: Provided always, that if any person or persons interested in the determination of the said commissioner or commissioners respecting the said boundaries shall be dissatisfied with such determination, such person or persons may appeal to the justices of the peace acting in and for the county in which such lands or grounds shall be situate, at any general quarter session of the peace to be holden within four calendar months next after the aforesaid publication of the said boundaries by delivering or leaving such description as aforesaid, the party or parties making such appeal giving eight days notice of such appeal and of the matter thereof in writing Decision at the to the commissioners; and the decision of the said justices therein shall be

satisfied may appeal to the quarter sessions.

sessions to be

final and conclusive, and shall not be removed or removeable by certiorari or any other writ or process whatsoever, into any of his Majesty's courts of record at Westminster, or elsewhere.

IV. AND be it further enacted, that a true, exact, and particular survey, admeasurement, plan, and valuation, of all the lands and grounds to be divided, allotted, and inclosed by any such Act, and also of all the messuages, cottages, orchards, gardens, homesteads, ancient inclosed lands and grounds, within any such parish or manor, shall be made and reduced into writing by such commissioner or commissioners, or by such other person or persons as he or they shall nominate and appoint, as soon as conveniently may be, for the purposes of such Act, and the number of acres and decimal parts of an acre, in statute measure, contained in all the lands and grounds directed or authorized to be divided, allotted, and inclosed, and also in all the ancient inclosed lands, grounds, and homesteads aforesaid, and of each and every proprietor's distinct property in the same respectively, at the time of making such survey and admeasurement, shall be therein set forth and specified; and that the said survey, admeasurement, plan, and valuation, shall be kept by such commissioner or commissioners; and the person or persons who shall make such survey, admeasurement, plan, and valuation, shall verify the same upon oath or affirmation, at any meeting to be held after the making thereof (which oath or affirmation the commissioners, or any one of them, are and is hereby empowered and required to administer); and the proprietors and their respective agents, and all persons interested therein, shall at all seasonable times have

liberty to peruse and inspect such admeasurement and plan only, and to take ments and copies thereof and extracts therefrom respectively.

plans and take copies.

Until the divi

V. AND be it further enacted, that for surveying, admeasuring, and valuing sion shall be all the said lands and grounds, and for other the purposes of such Act, it shall completed the be lawful for such commissioner or commissioners, every or any of them, or the lands may be entered by the person or persons to be appointed by him or them to make such survey, commissioners, admeasurement, plan, and valuation, together with their and every of their or any persons they may apassistants, and servants, at any time or times whatsoever, until such division point to make shall be completed, to enter, view and examine, survey and admeasure, all and surveys, &c. every part of the lands and grounds intended to be divided and allotted, and also all the ancient inclosed lands, grounds, and homesteads, directed to be surveyed, and to do or cause to be done any act or thing necessary for putting such Act into execution: Provided always, that any map or survey made at the time of passing any such Act, which shall be tendered to such commissioner or commissioners, and which shall be in his or their judgment, and to his or their satisfaction, a just and true map or survey, proper for the purpose of carrying such Act into execution, may be used for that purpose, if the said commis- commissioners sioner or commissioners shall think fit, without any new map or survey being made of such part of the lands and grounds as shall be comprised in any such approved map or survey as aforesaid.

Maps made at

the time of passing Acts may be used, without making new ones, if the

shall think fit.

rights in lands to be inclosed

shall deliver to

the commission

ers schedules of claims, or cluded; which claims may be inspected and copies taken.

shall be ex

VI. AND be it further enacted, that all persons and bodies corporate or Claimants of politick, who shall have or claim any common or other right to or in any such lands so to be inclosed, shall deliver or cause to be delivered to such commissioner or commissioners, or one of them, at some one of such meetings as the said commissioner or commissioners shall appoint for the purpose (or within such further time, if any, as the said commissioner or commissioners shall for some special reason think proper to allow for that purpose) an account or schedule in writing, signed by them, or their respective husbands, guardians, trustees, committees, or agents, of such their respective rights or claims, and therein describe the lands and grounds, and the respective messuages, lands, tenements, and hereditaments, in respect whereof they shall respectively claim to be entitled to any and which of such rights in and upon the same or any part thereof, with the name or names of the person or persons then in the actual possession thereof, and the particular computed quantities of the same respectively, and of what nature and extent such right is, and also in what rights and for what estates and interests they claim the same respectively, distinguishing the freehold from the copyhold or leasehold; or on non-compliance therewith, every of them making default therein shall, as far only as respects any claim so neglected to be delivered, be totally barred and excluded of and from all right and title in or upon such lands so to be divided respectively, and of and from all benefit and advantage in or to any share or allotment thereof; all which said claims or accounts shall, at all seasonable times until after the execution of the said award, be open to the inspection and perusal of all parties interested or claiming to be interested in the premises, their respective agents or attornies, who may take copies thereof or extracts therefrom respectively; and if any person or persons, or body politick or corporate interested or claiming to be interested in the premises, shall have any objection to offer to any such account or claim, the particulars of such objection commissioners

Objections to delivered to the

claims shall be