left with the occupier of such land, or, if there be no such occupier, shall be affixed upon some conspicuous part of such lands,) refuse to treat or agree, or by reason of absence shall be prevented from treating or agreeing with such person authorized as aforesaid, or shall refuse to accept such annual rent or sum as shall be offered for the hire thereof, either for a time certain or for such period as the public service may require, then and in such case, or in case of disagreement between such bodies or persons so authorized to sell, release, grant, or demise, and the person so authorized as aforesaid by the Treasury, and in case also it shall not be practicable to procure by voluntary bargain or sale any other land situate and required as aforesaid, then and in such case it shall be lawful for two or more justices to put the officers of Customs in possession of such lands, and for that purpose to issue a warrant under their hands and seals requiring possession to be delivered to such of said officers as shall be named therein; and such person so authorized as aforesaid may issue his warrant to the sheriff or sheriffs of the county, riding, stewartry, city, or place wherein such lands shall be situate, to summon a jury; and every such sheriff, upon receipt of such warrant, shall, in the manner required by law, summon a jury of twenty-four common jurymen to meet at a convenient time and place to be appointed by him for that purpose, such time not being less than fourteen nor more than twenty-one days after the receipt of such warrant, and such place not being more than twenty miles distant from the lands in question, unless by consent of the parties interested; and he shall forthwith give notice to the Commissioners of Customs of the time and place so appointed by him: Provided always, that nothing herein shall be construed to extend to any garden or pleasure ground, or to any land immediately contiguous to and used as the curtilage or homestead of any dwelling house.

MODE OF PROCEEDING BY JURY, &C.

As to the mode of proceeding on the inquiry by the jury or juries so summoned as aforesaid:

338. INCORPORATION OF 8 & 9 VICT. c. 18, ss. 40 to 68, AS TO LANDS IN ENGLAND OR IRELAND.-Where the lands the subject of inquiry shall be situate either in England or Ireland, the Lands Clauses Consolidation Act, 1845, from section forty to section sixty-eight inclusively, shall be incorporated with this Act; and for the purpose of this Act the expression "the promoters of the undertaking," wherever used in the said Lands Clauses Consolidation Act, shall mean the person authorized as aforesaid by the Commissioners of the Treasury.

339. INCORPORATION OF 8 & 9 VICT. c. 19, ss. 38 to 68, AS TO LANDS IN SCOTLAND. Where the lands the subject of inquiry shall be situate in Scotland, the Lands Clauses Consolidation Act, 1845 (Scotland), from thirty-eight to sixty-eight inclusively, shall be incorporated with this Act; and for the purpose of this Act the expression "the promoters of this undertaking," wherever used in the Lands Clauses Consolidation Act, Scotland, shall mean the person so authorized as aforesaid by the Treasury.

340. JURY TO ASCERTAIN AND APPORTION COMPENSATION.-The jury impannelled as aforesaid shall ascertain the compensation to be paid for any such lands, and the proportion to be paid out of such compensation to any lessees or tenants at will, or otherwise, of such lands; and the proportion so to be paid shall be returned on the verdict.

341. UPON DELIVERING UP TO THE OWNERS LANDS TAKEN FOR A LIMITED PERIOD, ALL ERECTIONS FOR THE PUBLIC SERVICE TO BE REMOVED.--In all cases where lands shall be taken under the provisions of this Act for a term of years or for such period as the public service shall require, the Treasury, or any other person so authorized as aforesaid, at any time before the possession of lands shall be delivered up to the owner thereof, or other person acting on his behalf, shall remove all such buildings or other erections which may have been erected thereon for the public service, and carry away the materials thereof, making such compensation to the owner or owners of such lands, or other person or persons acting on his behalf, for the damage 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, as the Treasury or other person authorized as aforesaid shall think reasonable; and if such owner or owners, or other person acting on his behalf, shall not be willing to accept the compensation so offered, the Treasury or

other person so authorized as aforesaid may require two justices of the peace of the county, riding, stewartry, city, or place, to ascertain the compensation which ought to be made for such damage; and such justices shall ascertain the same, and grant a certificate thereof; and the amount of such compensation so ascertained and certified shall forthwith be paid by warrant of the Treasury to the person entitled thereto : Provided, that nothing herein shall be construed to extend to alter, prejudice, or affect any agreement which has or shall be entered into by any such person authorized as aforesaid with any owner of such lands, or other person acting on his behalf, in relation to such buildings or erections.

APPLICATION OF PURCHASE MONEY.

As to the application of purchase monies, &c. for lands purchased or taken from parties under disability, &c.:

[S. 342 (as to deposit of purchase money of lands belonging to persons under disability) rep. 39 & 40 Vict. c. 36, s. 288: see now s. 276 of that Act.]

343. APPLICATION OF MONIES DEPOSITED.-Upon the application by petition of any party making claim to the money so deposited, or any part thereof, or to the lands in respect whereof the same shall have been so deposited, or any part of such lands, or any interest in the same, the Barons of the Court of Exchequer at Westminster, Edinburgh, or Dublin may in a summary way, as to them shall seem fit, order such money to be invested in the public funds, or may order distribution thereof, or payment of the dividends thereof, according to the respective interests of the parties making claim to such monies or lands or any part thereof, and may make such other order in the premises as the Court shall deem fit.

344. VESTING AND PAYMENT OVER OF STOCKS, SECURITIES, AND MONIES, ON DEATH OR REMOVAL OF OFFICER OF THE COURTS OF EXCHEQUER.-Upon the death, removal, or resignation of any such officer of the said Courts of Exchequer, all stocks and securities vested in him by virtue of this Act shall vest in the succeeding officer of the Exchequer for the purposes herein-before mentioned, without any assignment or transfer; and all monies paid in the said banks respectively in pursuance of this Act, or remaining in the hands of any such officer at his 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.

COSTS OF CONVEYANCE, &C.

And as to the costs of conveyances or leases of lands under this Act:

345. INCORPORATION OF 8 & 9 VICT. c. 18, ss. 81-83, 8 & 9 VICT. c. 19, ss. 80-82. -Sections eighty-one, eighty-two, and eighty-three of the Lands Clauses Consolidation Act, 1845, shall be and are hereby incorporated with this Act, so far as the same shall relate to the conveyance or demise of lands in England and Ireland; and sections eighty, eighty-one, and eighty-two of the Land Clauses Consolidation Act (Scotland), shall be and are hereby incorporated with this Act, so far as the same shall relate to the conveyance or demise of lands in Scotland: the expression of "the promoters of the "undertaking," wherever used in the said Acts respectively, to mean the persons so authorized as aforesaid by the Treasury.

[Ss. 346-360, and Sched. rep. 39 & 40 Vict. c. 36, s. 288. S. 360 gave the short title

noted above.]

CHAPTER CXVII.

THE LAND TAX REDEMPTION (No. 2) ACT, 1853 (Short Titles Act, 1896).

AN ACT to amend the Laws relating to the Redemption and Purchase of the Land Tax in Great Britain. [20th August 1853.]

[Preamble.]

1. REDEMPTION OF LAND TAX RESTRICTED TO PERSONS HAVING AN INTEREST IN THE PROPERTY, &C.-42 GEO. 3, c. 116, s. 18.—The redemption and purchase of land tax in Great Britain shall be subject to the provisions herein-after contained: No body politic or corporate, nor any person whatever, shall be entitled to redeem or purchase any land tax, except such bodies politic and corporate and persons respectively having an estate or interest in the messuages, lands, tenements, or hereditaments whereon such land tax is or shall be charged, and to whom preference in the redemption of land tax was given for a limited period by the Land Tax Redemption Act, 1802.

[S. 2 rep. 19 & 20 Vict. c. 80, 8. 3.]

CHAPTER CXIX.

THE BETTING ACT, 1853 (Short Titles Act, 1896).

AN ACT for the Suppression of Betting Houses.1

[20th August 1853.]

1 This Act is extended to Scotland, subject to certain modifications. 37 & 38 Vict. c. 15, s. 4.]

[Preamble.]

1. NO HOUSE, &c. TO BE KEPT FOR PURPOSE OF OWNER OR OCCUPIER BETTING WITH OTHER PERSONS, &c.-No house, office, room, or other place shall be opened, kept, or used for the purpose of the owner, occupier, or keeper thereof, or any person using the same, or any person procured or employed by or acting for or on behalf of such owner, occupier, or keeper, or person using the same, or of any person having the care or management or in any manner conducting the business thereof betting with persons resorting thereto; or for the purpose of any money or valuable thing being received by or on behalf of such owner, occupier, keeper, or person as aforesaid as or for the consideration for any assurance, undertaking, promise, or agreement, express or implied, to pay or give thereafter any money or valuable thing on any event or contingency of or relating to any horse race, or other race, fight, game, sport, or exercise, or as or for the consideration for securing the paying or giving by some other person of any money or valuable thing on any such event or contingency as aforesaid; and every house, office, room, or other place opened, kept, or used for the purposes aforesaid, or any of them, is hereby declared to be a common nuisance and contrary to law..

2. BETTING HOUSES TO BE GAMING HOUSES-8 & 9 VICT. c. 109.-Every house, room, office, or place opened, kept, or used for the purposes aforesaid, or any of them, shall be taken and deemed to be a common gaming house within the meaning of the Gaming Act, 1845.

3. PENALTY ON OWNER OR OCCUPIER OF BETTING HOUSE.--Any person who being the owner or occupier of any house, office, room, or other place, or a person using the same, shall open, keep, or use the same for the purposes herein-before mentioned, or either of them; and any person who being the owner or occupier of any house, room, office, or other place, shall knowingly and wilfully permit the same to be opened, kept, or used by any other person for the purposes aforesaid, or either of them; and any person having the care or management of or in any manner assisting in conducting the business of any house, office, room, or place, opened, kept, or used for the purposes aforesaid, or either of them; shall, on summary conviction thereof before any two justices of the peace, be liable to forfeit and pay such penalty, not exceeding one hundred pounds, as shall be adjudged by such justices, and may be further adjudged by such justices to pay such costs attending such conviction as to the said justices shall seem reasonable, and on the

nonpayment of such penalty and costs, or in the first instance, if to the said justices it shall seem fit, may be committed to the common gaol or house of correction, with or without hard labour, for any time not exceeding six calendar months.

4. PENALTY ON PERSONS RECEIVING MONEY ON CONDITION OF PAYING MONEY ON EVENT OF ANY BET, &c.--Any person, being the owner or occupier of any house, office, room, or place opened, kept, or used for the purposes aforesaid, or either of them, or any person acting for or on behalf of any such owner or occupier, or any person having the care or management or in any manner assisting in conducting the business thereof, who shall receive, directly or indirectly, any money or valuable thing as a deposit on any bet on condition of paying any sum of money or other valuable thing on the happening of any event or contingency of or relating to a horse race or any other race, or any fight, game, sport, or exercise, or as or for the consideration for any assurance, undertaking, promise, or agreement, express or implied, to pay or give thereafter any money or valuable thing on any such event or contingency, and any person giving any acknowledgment, note, security, or draft, on the receipt of any money or valuable thing so paid or given as aforesaid, purporting or intended to entitle the bearer or any other person to receive any money or valuable thing on the happening of any such event or contingency as aforesaid, shall, upon summary conviction thereof before two justices of the peace, forfeit and pay such penalty, not exceeding fifty pounds, as shall be adjudged by such justices, and may be further adjudged by such justices to pay such costs attending such conviction as to the said justices shall seem reasonable, and on the nonpayment of such penalty and costs, or in the first instance, if to such justices it shall seem fit, may be committed to the common gaol or house of correction, with or without hard labour, for any time not exceeding three calendar months.

5. MONEY SO RECEIVED MAY BE RECOVERED FROM THE PERSONS RECEIVING THE SAME. -Any money or valuable thing received by any such person aforesaid as a deposit on any bet, or as or for the consideration for any such assurance, undertaking, promise, or agreement as aforesaid, shall be deemed to have been received to or for the use of the person from whom the same was received; and such money or valuable thing, or the value thereof, may be recovered accordingly, with full costs of suit, in any court of competent jurisdiction.

6. THIS ACT NOT TO EXTEND TO STAKES DUE TO WINNER OF A RACE, &c.-Provided always, that nothing in this Act contained shall extend to any person receiving or holding any money or valuable thing by way of stakes or deposit to be paid to the winner of any race, or lawful sport, game, or exercise, or to the owner of any horse engaged in any

race.

7. PENALTY ON PERSONS EXHIBITING PLACARDS OR ADVERTISING BETTING HOUSES.Any person exhibiting or publishing or causing to be exhibited or published any placard, handbill, card, writing, sign, or advertisement, whereby it shall be made to appear that any house, office, room, or place is opened, kept, or used for the purpose of making bets or wagers, in manner aforesaid, or for the purpose of exhibiting lists for betting, or with intent to induce any person to resort to such house, office, room, or place, for the purpose of making bets or wagers, in manner aforesaid, or any person who, on behalf of the owner or occupier of any such house, office, room, or place, or person using the same, shall invite other persons to resort thereto for the purpose of making bets or wagers, in manner aforesaid, shall, upon summary conviction thereof before two justices of the peace, forfeit and pay a sum not exceeding thirty pounds, and may be further adjudged by such justices to pay such costs attending such conviction as to the said justices shall seem reasonable, and on the nonpayment of such penalty and costs, or in the first instance, if to such justices it shall seem fit, may be committed to the common gaol or house of correction, with or without hard labour, for any time not exceeding two calendar months.

8. PENALTIES AND COSTS MAY BE LEVIED BY DISTRESS.-If any person convicted under this Act on information before justices shall be adjudged to pay any penalty, or any costs and charges attending the conviction, and shall fail to pay such penalty or costs, the same may be levied by distress and sale of the goods and chattels of the offender, by warrant under the hand and seal of one of the convicting justices: Provided always, that if any person shall be committed to prison for default of payment of any penalty and costs, then the costs alone may be levied by distress as aforesaid.

9. APPLICATION OF PENALTIES.—One half of every pecuniary penalty which shall be

adjudged to be paid under this Act shall be paid to the informer, and the remaining. half shall be applied in aid of the poor rate of the parish in which the offence shall have been committed, and shall be paid for that purpose to the overseer or other person authorized to receive poor rates in such parish; or if the place wherein the offence shall have been committed shall be extra-parochial, then the justices by whom such penalty shall be adjudged to be paid shall direct such remaining half thereof to be applied in aid of the poor rate of such extra-parochial place, or, if there shall not be any poor rate therein, in aid of the poor rate of any adjoining parish or district.

10. ON NEGLECT TO PROSECUTE ANY SUMMONS, JUSTICES MAY AUTHORIZE SOME OTHER PERSON TO PROCEED.-In case any person who shall have laid any complaint or information in respect of any offence against this Act shall not appear at the time at which the defendant may have been summoned to appear, or at any time to which the hearing of the summons may have been adjourned, or, in the opinion of any justices having authority to adjudicate with respect to the offence charged with such information or complaint as aforesaid, shall otherwise have neglected to proceed upon or prosecute such information or complaint with due diligence, it shall be lawful for such justices to authorize any other person to proceed on such summons instead of the person to whom the same may have been granted, or, if such justices think fit, to dismiss the summons already granted, and authorize any person to take out a fresh summons in respect of the offence charged in such information or complaint, in like manner as if the previous summons had not been granted.

11. JUSTICES MAY AUTHORIZE SEARCH OF SUSPECTED HOUSES-8 & 9 VICT. c. 109.It shall be lawful for any justice of the peace, upon complaint made before him on oath that there is reason to suspect any house, office, room, or place to be kept or used as a betting house or office, contrary to this Act, to give authority by special warrant under his hand, when in his discretion he shall think fit, to any constable or police officer to enter, with such assistance as may be found necessary, into such house, office, room, or place, and, if necessary, to use force for making such entry, whether by breaking open doors or otherwise, and to arrest, search, and bring before a justice of the peace all such persons found therein, and to seize all lists, cards, or other documents relating to racing or betting found in such house or premises; and any such warrant may be according to the form given in the first schedule annexed to the Gaming Act, 1845.

12. COMMISSIONER OF POLICE MAY AUTHORIZE SUPERINTENDENT OF POLICE TO ENTER AND SEARCH SUSPECTED HOUSES IN METROPOLITAN POLICE DISTRICT.-If any superintendent belonging to the metropolitan police force shall report in writing to the Commissioners of Police of the Metropolis that there are good grounds for believing and that he does believe that any house, office, room, or place within the Metropolitan Police District is kept or used as a betting house or office, contrary to this Act, it shall be lawful for either of the said commissioners by order in writing to authorize the superintendent to enter any such house, office, room, or place, with such constables as shall be directed by the commissioner to accompany him, and, if necessary, to use force for the purpose of effecting such entry, whether by breaking open doors or otherwise, and to take into custody all persons who shall be found therein, and to seize all lists, cards, or other documents relating to racing or betting found in such house or premises.

S. 18 S. 20

[Ss. 13, 14 do not apply to Scotland. See 37 & 38 Vict. c. 15, s. 4 (4). S. 15 rep. 55 56 Vict. c. 19 (S.L.R.). Ss. 16, 17 rep. 57 & 58 Vict. c. 56 (S.L.R.). applies to Ireland exclusively. S. 19 rep. 55 & 56 Vict. c. 19 (S.L.R.). rep. 37 & 38 Vict. c. 15, s. 4.]

CHAPTER CXXXI.

THE MERCHANT SHIPPING LAW AMENDMENT Act, 1853. (Sect. 2.)

AN ACT to amend various Laws relating to Merchant Shipping.

[Ss. 1-11 rep. 17 & 18 Vict. c. 120, s. 4. S. 2 gave this Act the short title mentioned

497