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assembled, upon being satisfied by the personal Examination on Seizureof Spirits Oath of a credible Witness that there is reasonable Ground for sold in Places not suspecting that Spirits are sold in any House within the County being licensed. not licensed for the Sale thereof, to grant a Warrant under their Hands and Seals, authorizing any Justice of the Peace for said County, with his Assistants, to enter such House at all Times in the Day between Sunrise and Sunset to search for Spirits, and if any such shall be found without a Permit or other legal Authority justifying the keeping thereof to seize and deliver the same to the next Excise Officer of the District; and such Warrant shall continue in force for Seven Days from the Day of the Date thereof, and shall be a sufficient Authority to the Justice of the Peace therein named and his Assistants, in his Presence, to enter into such House and seize all Spirits there illegally being, and to carry away and deliver same to the next Revenue Officer, to be dealt with according to Law.

Penalty on Persons allowing Beer to be consumed on unli

Penalty on unlicensed Persons selling Beer.

XVIII. And be it enacted, That if any Person not licensed to sell Beer, Cider, or Spirits to be consumed on the Premises shall after the passing of this Act permit or suffer any Beer, Cider, or Spirits to be consumed on any Premises occupied by him or in censed Premises. which his Trade or Business is carried on, he shall for every such Offence forfeit a Sum not exceeding Two Pounds; and such Sum shall and may be recovered in like Manner in all respects as any other Penalty under said recited Act or this Act. XIX. And be it enacted, That if any Person not being duly licensed to sell Beer, Cider, or Spirits shall at any Time after the passing of this Act sell any Beer, Cider, or Spirits, he shall for every such Offence, in addition to any other Penalty to which he is liable, forfeit a Sum not exceeding Two Pounds, and such Sum shall and may be recovered as any other Penalty under the said recited Act or this Act; and in every Proceeding to recover such Penalty it shall be sufficient to prove the Sale of such Beer, Cider, or Spirits, and the Person charged shall be thereupon convicted, unless he shall prove that at the Time of such Sale he was duly licensed to sell the Beer, Cider, or Spirits so sold.

XX. And be it enacted, That in any Proceeding to recover a Penalty against any Person charged as being licensed to sell Beer, Cider, or Spirits it shall not be necessary to call for or require the Production of the Licence, and the Notice by said Act directed to be served on the Clerk of the Peace, or Evidence of his having been at the Time at which the Offence charged against him was committed acting as the Owner of a licensed House, shall be sufficient Evidence of the Fact of his being licensed, unless he shall prove that he was not duly licensed, and if he shall on the hearing any such Complaint prove that he was not duly licensed at the Time at which the Sale complained of was made, it shall be lawful for the Justices before whom such Proof may be made to convict him of having made such Sale without being duly licensed.

of

Production of Licence not necessary on Proceedings.

XXI. And be it enacted, That in every Proceeding under this Persons compeor the said recited Act the Person who may inform or who shall tent as Witnesses sue for the Penalty shall be a competent Witness to prove any though entitled Fact, notwithstanding any Provision by which he may become to Part of Penalty. entitled to receive any Portion of the Penalty sought to be recovered.

XXII. And

Service of
Summons.

Recited Act

to be in force

save as altered by this Act.

XXII. And be it enacted, That in every Case in which any Proceeding shall be taken to recover any Penalty under the said recited Act or under this Act, or under both, or for any other Purpose, the Delivery or Service of a Copy of any Notice or Summons to the Person charged with the Offence at any Place, or to his Wife, Servant, Clerk, Manager, or Child, such Child being of the Age of Sixteen Years or upwards, at or upon the Premises used or occupied by any such Person for carrying on his or her Trade or Business, or on the Premises on which any such Offence shall have been or shall be charged to have been committed, shall be deemed and taken to be a sufficient Service and Delivery of such Summons or Notice to the Person or Persons to whom the same may be directed.

XXIII. And be it further enacted, That, except so far as is 3&4 W.4. c.68. herein otherwise provided, all Penalties and Forfeitures imposed by this Act shall be sued for, levied, recovered, mitigated, and distributed by such Ways, Means, and Methods, and in such Manner, as by the said recited Act of the Third and Fourth Years of the Reign of His present Majesty is directed, provided, and enacted; and that in every respect, save where it is expressly repealed or altered by this Act, the said recited Act, and every Clause, Matter, and Thing therein contained, shall be and remain in full Force, and shall apply to the several Penalties and Forfeitures imposed by this Act, and to the several Offences hereby created, as if the same were herein re-enacted.

General Form of Conviction.

Act may be altered this Session.

XXIV. And be it further enacted, That every Conviction to be had under this Act or the said recited Act shall and lawfully may be drawn up in the Form following, or in any other Form of Words to the same Effect: (that is to say,) to wit. BE it remembered, That on

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Day of

the

in the Year of our Lord A.B. is convicted before

us, Two of His Majesty's Justices of the Peace of the said
County, [or City or Town, as the Case may be,] on the Oaths
of C.D., &c. [as the Case may be,] in the Sum of

' for that
[here specify the Offence, and when
and where committed]. Given under our Hands and Seals the
'Day and Year above written.'

XXV. And be it further enacted, That this Act or any of the Provisions thereof may be altered, varied, or repealed by any Act to be passed in this Session of Parliament.

CA P. XXXIX.

An Act to continue for One Year, and from thence to the End of the then next Session of Parliament, the several Acts relating to the Importation and keeping of Arms and Gunpowder in Ireland. [28th July 1836.] WHEREAS an Act was passed in the Forty-seventh Year of the Reign of His Majesty King George the Third, 47 G. 3. Sess. 2. intituled An Act to prevent improper Persons from having Arms in Ireland, to continue in force for a limited Period; which Act was by another Act passed in the Fiftieth Year of His said • Majesty's

c. 54.

50 G. S. c. 109.

WHEREAS

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Majesty's Reign continued and amended; and such Acts, having 'been continued, were by another Act passed in the Tenth Year

' of the Reign of His Majesty King George the Fourth amended 10 G. 4. c. 47. ⚫ and further continued until a Time when the same expired: And

'whereas by another Act passed in the First and Second Years of 1&2W.4. c. 47. His present Majesty's Reign the said recited Acts were revived

⚫ and continued: And whereas by Two other Acts passed respec- 2&3W.4. c.70. 'tively in the Second and Third and Fourth and Fifth Years of 4&5 W.4. c.53. 'the Reign of His present Majesty such Acts have been further 'continued, and will remain in force until the End of this present 'Session of Parliament; and it is expedient that the said Acts 'should be further continued:' Be it therefore 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 the said recited Act of the Forty-seventh Year of the Reign of His Majesty King George the Third, as the said Act is amended by the said recited Act of the Fiftieth Year of the same Reign and by the said recited Act of the Tenth Year of the Reign of His late Majesty King George the Fourth, and as the said Acts were revived by the said recited Act of the First and Second Years of the Reign of His present Majesty, shall be and the said Acts are hereby continued and shall be and remain in force for the Term of One Year from the passing of this Act, and thenceforth until the End of the then next Session of Parliament.

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II. And whereas an Act was passed in the First Year of the Reign of His present Majesty, intituled An Act to regulate for "One Year the Importation of Arms, Gunpowder, and Ammunition ' into Ireland, and the making, removing, selling, and keeping of Arms, Gunpowder, and Ammunition in Ireland; and such Act 'having been continued from Time to Time will remain in force * until the End of this present Session of Parliament; and it is 'expedient that the said Act should be further continued ;' be it therefore enacted, That the said recited Act of the First Year of the Reign of His present Majesty shall be and the said Act is hereby continued and shall be and remain in force for the Term of One Year from the passing of this Act, and thenceforth until the End of the then next Session of Parliament.

CA P. XL.

An Act to continue for One Year, and from thence to the
End of the then next Session of Parliament, the several
Acts for regulating the Turnpike Roads in Ireland.
[28th July 1836.]

Four first recited Acts conYear.

tinued for One

W. 4. c. 44.

continued for One Year.

WHEREAS the several Acts for making, amending, and repairing the Turnpike Roads in Ireland were by an Act ⚫ passed in the Fourth and Fifth Years of His present Majesty's 4&5W.4. c.91. Reign continued for the Term of One Year, and thenceforth until the End of the present Session of Parliament, and it is ex'pedient that the said Acts should be further continued:' Be it therefore 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

All expiring Acts respecting the Repair of Turnpike Roads in Ireland fur

ther continued.

1 W. 4. c. 69.

Commissary

by the Authority of the same, That all and every Act and Acts of Parliament for making, amending, and repairing any Turnpike Road or Roads in Ireland which will expire during or with the present Session of Parliament shall be and the same is and are hereby continued for One Year from the passing of this Act, and thenceforth until the End of the then next Session of Parliament.

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WH

CA P. XLI.

An Act to abolish the Commissary Court of Edinburgh, and to regulate the Mode of taking Proofs in Consistorial Causes in Scotland. [28th July 1836.] HEREAS an Act was passed in the First Year of the Reign of His present Majesty, intituled An Act for uniting the Benefits of Jury Trial in Civil Causes with the ordinary Juris 'diction of the Court of Session, and for making certain other Alterations and Reductions in the Judicial Establishments of 'Scotland, whereby various Alterations and Reductions were made in the Consistorial Court of Scotland, with a view to the Aboli⚫tion of the said Court, and the Transference of the remaining Jurisdiction thereof to the Sheriff of the County of Edinburgh: And whereas it is expedient that the remaining Jurisdiction of the Commissary Court of Edinburgh should be abolished, and the Mode of taking Proofs in Consistorial Causes should be regulated: Be it therefore 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 the said Commissary Court of Edinburgh shall be and the same is hereby abolished, and the whole remaining Powers and Jurisdiction of the said Court shall be and the same are hereby transferred to the Sheriff of Edin- Sheriff of the County of Edinburgh, who shall possess and exercise burgh. such Powers and Jurisdiction in all respects, except in so far as regards taking Proofs in Consistorial Causes; and the whole Clauses, Powers, and Provisions of an Act passed in the Fourth Year of the Reign of His late Majesty King George the Fourth, intituled An Act for the Regulation of the Court of the Commissaries of Edinburgh, and for altering and regulating the Jurisdiction of the inferior Commissaries in Scotland, shall apply to the Sheriffdom of the County of Edinburgh, and to the Clerks and Officers of the said Commissary Court, in the same Way as such Provisions apply to the other Sheriffdoms of Scotland: Provided always, that the Salaries of the existing Commissaries of the said Commissary Court shall be saved and reserved to each of them during their several Lives; provided further, that such Salary or Salaries shall be accounted pro tanto of any subsequent Salary to which any of the said Commissaries may hereafter acquire Right by virtue of his or their Appointment to any other Public Office.

Court abolished,

and Duties of Commissioners transferred to

4 G. 4. c. 97.

Sheriffs may take Proofs.

II. And be it enacted, That where it shall be necessary to take Proofs in Consistorial Causes, such Proofs shall be taken by the Sheriffs to be appointed for that Purpose in the Manner directed by the said recited Act.

Agents autho- III. And be it enacted, That it shall be lawful for all Agents rized to practise duly qualified to practise as such before the Court of Session to 8

practise

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practise as Agents in the Sheriff Court of Edinburgh, in so far as in Sheriff Court relates to any of the Proceedings which are transferred by this of Edinburgh. Act to the Sheriff, in the same Manner and to the same Extent

as they might have practised in respect of such Matters in the Commissary Court before the passing of this Act.

IV. And be it enacted, That this Act shall commence and take Commencement effect from and after the First Day of November One thousand of Act. eight hundred and thirty-six.

V. And be it enacted, That this Act may be amended or altered by any Act to be passed during the present Session of Parliament.

CA P. XLII.

An Act to grant certain Powers to Heirs of Entail in Scotland, and to authorize the Sale of Entailed Lands for the Payment of certain Debts affecting the same.

Wh

[28th July 1836.]

Act may be altered this

Session.

HEREAS by an Act of the Parliament of Scotland made in the Year One thousand six hundred and eighty-five, 'intituled Act concerning Tailzies, it is statuted and declared that it shall be lawful to His Majesty's Subjects to tailzie or entail their Lands and Estates, and to substitute Heirs in their Tailzies or Entails, with such Provisions and Conditions as they shall think fit, and to affect the said Entails with irritant and ' resolutive Clauses, whereby it shall not be lawful to the Heirs ' of Entail to sell, analzie, or dispose of the said Lands or any Part thereof, to contract Debt, or do any other Deed whereby 'the same might be apprized, adjudged, or evicted from the other Substitutes in the Entail, or the Succession frustrate or interrupted, declaring all such Deeds to be in themselves null and void; and Provision is made by the said Act for the recording such Entails in the Manner therein set forth: And whereas it is expedient that certain Powers should be conferred upon Heirs ' of Entail in relation to granting Tacks and making Excambions, and to selling Portions of Entailed Estates for Payment of the 'Entailer's Debts:' Be it therefore 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, Heirs of Entail notwithstanding any prohibitory, irritant, and resolutive Clauses in Possession contained in any Entails already made and established, or which empowered to may hereafter be made and established, pursuant to the Directions of the said Act passed in the Parliament of Scotland in the Year One thousand six hundred and eighty-five, it shall be lawful for the respective Heirs of Entail in Possession to grant Tacks of any Parts of the Lands, Estates, or Heritages therein contained, for the fair Rent of such Lands or Heritages at the Period of letting, either by public Auction or private Bargain, and notwithstanding any Prohibition against Diminution of the Rental, for any Period not exceeding Twenty-one Years, and to grant Tacks of any Mines and Minerals contained in such Lands and Estates for any Period not exceeding Thirty-one Years: Provided always, that nothing herein contained shall authorize any Heir of Entail in

Possession

grant Tacks of any Part of Entailed Estates under the Re

strictions herein

contained.

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