CLXXXVI. If any person think himself aggrieved by any rate made under the authority of this or the special Act, or by any matters included in or omitted from the same, he may, at any time within one month after the same is made, give notice of his intention to appeal to the next Quarter Sessions holden not less than fourteen days after such notice; but no such appeal shall be entertained at such Quarter Sessions unless fourteen days' notice in writing of such appeal stating the nature and grounds thereof be given by the aggrieved party to the Commissioners: Provided always, that no such notice of appeal shall prevent the issuing of the warrant of distress for recovery of any such rate as hereinafter provided, or the execution thereof.

CLXXXVII. The Court shall hear and determine the appeal in a summary way at the Quarter Sessions for which any such notice of appeal is given, or at the following sessions, when the Court thinks fit to adjourn the appeal to the following sessions, and the decision of the Court shall be final and conclusive on all parties.

CLXXXVIII. No order of the said Justices shall be of any force pending any appeal touching the same subject-matter to the Court of Quarter Sessions having jurisdiction to try such appeal, or in opposition to the order of any such Court on such appeal.

CLXXXIX. The said Justices and the Court of Quarter Sessions respectively shall in any such appeal as aforesaid have the same powers of amending or quashing the rate in respect of which the appeal is made as are by law vested in Courts of Quarter Sessions for amending or quashing the rates for the relief of the poor within their jurisdiction upon appeals against such rates, and shall likewise have respectively, in any appeal against any rate made under the authority of this or the special Act, the same powers of awarding costs to be paid by or to any of the parties to the appeal, and of recovering such costs, as are now vested in them respectively for awarding and recovering costs in an appeal against any rate for the relief of the poor within their jurisdiction: Provided always, that if the said Justices or Court shall quash the rate in respect of which the appeal is made, then, notwithstanding the quashing of such rate, all sums of money charged by such rate on any person charged by such rate may, if the Justices or Court so order, be levied by such means and in the same manner as if no appeal had been made against such rate; and the money which any person charged on such rate pays, or which is recovered from him, shall be taken as a payment on account of the next effective rate made on him for the same purposes for which the rate so quashed was made.

cxc. No order of the said Justices or Court of Quarter Sessions upon any such appeal as aforesaid shall be removed by certiorari or otherwise into any of Her Majesty's courts of record at Westminster.

And with respect to the recovery of rates, it is enacted as follows:

CXCI. If any person rated under the authority of this or the special Act fail to pay any of the said rates due from him for the space of fourteen days after demand thereof in writing by the Commissioners or their collector, any Justice, on the application of the Commissioners of their collector, may summon such person to appear before him at a time to be mentioned in the summons to shew cause why the rates due from him should not be paid; and in case no sufficient cause for the non-payment of such rate be shewn, the same shall be levied by distress, and such Justice shall issue his warrant accordingly, or the Commissioners may recover the same by action of debt; provided that if no sufficient distress whereon to levy the amount due in respect of such rates can be found within the jurisdiction of the said Justice, then, upon oath thereof made before any Justice of any other county or jurisdiction in which any goods or chattels of the person not paying the said rates may be found, such Justice shall certify the said oath by indorsing the said warrant, and thereupon the amount due in respect of the said rates, and unpaid by the said person, may be levied by distress of the goods and chattels of such person as assessed in the last-mentioned county or jurisdiction.

CXCII. The warrant of distress for the recovery of any rate made payable by this or the special Act may be in the form or to the effect mentioned in Schedule (B) to this Act annexed; and in all cases where a distress is hereby authorized to be made, every constable authorized by the warrant to levy any sum mentioned therein shall, upon being required by a collector of the rates, aid in making a distress or sale pursuant to such warrant; and every constable who refuses to do so shall be liable to a penalty not exceeding 51.

CXCIII. In any proceeding to levy and recover or consequent on the levying or recovering of any rate under the provisions of this or the special Act, the books of rates of the Commissioners, and all entries made therein in manner by this or the special Act directed, by the production thereof alone, and without any evidence that the notices and other requirements of this or the special Act have been given or complied with, or proof of the seal of the Commissioners if they are incorporated, or if not, then on proof of the signatures of the Commissioners whose names appear thereon or subscribed therein, shall be received as evidence of such rate and of the contents thereof.

CXCIV. If any person quit or be about to quit any rateable property before he has paid the rates then payable by him in respect thereof, and do not pay the same to the Commissioners or their collector on demand, any Justice having jurisdiction where such person resides, or his goods are found, may summon such person to appear before him at a time mentioned in the summons to shew cause why the rates should not be paid, and if no sufficient cause for the non-payment of such rates be shewn accordingly the same shall be levied by distress, and such Justice shall issue his warrant accordingly.

cxcv. When any rate has been made for a particular period, and the owner or occupier who is rated to such rate ceases to be the owner or occupier of the property in respect whereof he is rated before the end of such period, such owner or occupier shall be liable to pay a portion only of the rate payable for the whole of such period proportionate to the time during which he continued to be owner or occupier; and in every such case if any person after the making of such rate become the owner or occupier of any property so rated as aforesaid during part of the period for which such rate was made, such person shall pay a portion of such rate proportioned to the time during which he held or occupied the property so rated, and the same shall be recovered from him in the same manner as if he had been originally rated for such property.

CXCVI. When the owner of any rateable property is rated in respect thereof under the authority of this or the special Act and the rate remains unpaid for three months, the Commissioners or their collector may demand the amount of such rate from the occupier for the time being of such rateable property, and on non-payment thereof may recover the same by distress and sale of his goods and chattels in like manner as rates may be recovered from the occupier of any property liable to be rated; and every such occupier shall be entitled to deduct from the rent payable by him to such owner so much as was so paid by or recovered from him.

CXCVII. Provided always, That no such occupier shall be required to pay, nor shall his goods and chattels be distrained for, any further sum than the amount of rent due from him at the time of the demand made upon him for such amount of rate, or which after such demand, and after notice not to pay the same to his landlord, at any time accrues and becomes payable by him, unless he refuse, on application being made to him for that purpose by or on behalf of the Commissioners, truly to disclose the amount of his rent, and the name and address of the person to whom such rent is payable; but the burthen of proof that the sum demanded from any such occupier is greater than the rent due by him at the time of such notice, or which has since accrued, shall lie upon such occupier.

CXCVIII. If, on the request of the Commissioners, or of the collector of the said rates, the occupier of any property refuses or wilfully omits to disclose, or wilfully mis-states to the Commissioners or collector making such request, the name of the owner of such property, or of the person receiving or authorized to receive the rents of the same, any Justice of the Peace, on oath made before him of such request, and of such refusal or wilful omission or mis-statement, may summon the person who has so refused or wilfully omitted or mis-stated as aforesaid to appear at a time and place to be mentioned in such summons before such Justice, or before some other Justice; and if the person so summoned neglect or refuse to attend at the time and place mentioned in the summons, or if he attend and do not shew good cause to the Justice then present for such his refusal or wilful omission or mis-statement, such Justice, upon proof, in case of the neglect or refusal to attend as aforesaid, of the due service of the said summons, or on such attendance, may impose a penalty upon such person who has so refused, or wilfully made such omission or mis-statement, not exceeding the sum of 51.

CXCIX. The several persons who at the time of the passing of the special Act are surveyors of highways for any township or other district within the limits of the special Act, may proceed for the recovery of any highway rate made in such township or district, and then remaining unpaid, in the same manner as they might have done if this and the special Act had not been passed, and they shall apply the money which they so recover, in the first place, in reimbursing themselves any expenses which they have incurred as such surveyors as aforesaid, and in discharge of any debts legally owing from them in respect of the highways within such township or district; and the surplus, if any, arising from any buildings or lands within the limits of the special Act, or a proportionate part thereof, shall be paid by them to the treasurer to the Commissioners, and shall be applied to the same purposes as the rates by this or the special Act authorized to be levied are directed to be applied. And with respect to the bye-laws to be made by virtue of this or the special Act, it is enacted as follows:

cc. The Commissioners may from time to time make such bye-laws as they think fit for the several purposes for which they are herein before or by the special Act empowered to make bye-laws, and from time to time repeal, alter, or amend any such bye-laws, provided such bye-laws be not repugnant to the laws of that part of the United Kingdom where the same are to have effect, or the provisions of this or the special Act, and be reduced into writing, and have affixed thereto the common seal of the Commissioners if they be a body corporate, or the signatures of two of the Commissioners if they be not a body corporate, and, if affecting other persons than the officers or servants of the company, be confirmed and published as herein provided.

CCI. The Commissioners, by the bye-laws so to be made by them, may impose such reasonable penalties as they think fit not exceeding 40s. for each breach of such bye-laws: Provided always, that such bye-laws be so framed as to allow the Justices before whom any penalty imposed thereby is sought to be recovered to order the whole or part only of such penalty to be paid, or to remit the whole penalty.

CCI. No bye-law made by the Commissioners under the authority of this or the special Act, except such as relate solely to the Commissioners or their officers or servants, shall come into operation until the same be confirmed in the prescribed manner, and if no manner of confirmation be prescribed, then not until it be allowed by some Judge of one of the superior courts, or by the Justices in Quarter Sessions; and it shall be incumbent on such Justices, on the request of the Commissioners, to inquire into any bye-laws tendered to them for that purpose, and to allow or disallow of the same as they think meet.

CCI. No such bye-laws shall be confirmed unless notice of the intention to apply for a confirmation of the same have been given in one or more newspapers circulating within the limits of the special Act one month at least before the hearing of such application; and any person desiring to object to any such bye-law, on giving to the Commissioners notice of the nature of his objection ten days before the hearing of the application for the allowance thereof, may, by himself or his counsel, attorney or agent be heard thereon, but not so as to allow more than one objecting party to be heard on the same matter of objection.

CCIV. For one month at least previous to any such application for confirmation of any bye-law a copy of the proposed byelaws shall be kept at the principal office of the Commissioners, and all persons may at all reasonable times inspect such copy without fee or reward; and the Commissioners shall furnish every person who applies for the same with a copy thereof, or of any part thereof, on payment of sixpence for every one hundred words so to be copied.

ccv. Such bye-laws, when confirmed, shall be published in the prescribed manner, and when no manner of publication is prescribed they shall be printed, and the clerk to the Commissioners shall deliver a printed copy thereof to every person applying for the same without charge; and a copy thereof shall be painted or placed on boards, which shall be hung up on the front or in some conspicuous part of the principal office of the Commissioners, and also on some conspicuous part of the works or

locality to which the same relate; and such boards, with the bye-laws thereon, shall be from time to time renewed as occasion requires, and shall be open to inspection without fee or reward; and any such clerk who does not allow the same to be inspected at all reasonable times shall for every such offence be liable to a penalty not exceeding 51.

ccvi. Such bye-laws, when so confirmed and published, shall be binding upon and be observed by all parties, and shall be sufficient to justify all parties acting under the same.

CCVII. The production of a written or printed copy of the bye-laws requiring confirmation by a Judge of the superior courts or the Court of Quarter Sessions, authenticated by the signature of the Judge or of the chairman of the Court which approved of the same, and a written or printed copy of the bye-laws not requiring such confirmation authenticated by the common seal of the Commissioners, if they be incorporated, or, if not incorporated, authenticated by the signatures of two Commissioners, shall be evidence of the existence and of the due making of such bye-laws in all prosecutions under the same, without adducing proof of the signature of such Judge or chairman, or the common seal or signatures of the Commissioners; and with respect to the proof of the publication thereof it shall be sufficient to prove that a board containing a copy thereof was affixed and continued in the manner by this Act directed, and in case of its being afterwards displaced or damaged, that such board was replaced or restored as soon as conveniently might be, unless proof be adduced by the party complained against that such painted board did not contain a copy of the bye-law under which he is prosecuted, or that it was not duly affixed or continued as required by this Act.

CCVIII. Any person who destroys, pulls down, injures, or defaces any board on the premises of the Commissioners on which any bye-law of the Commissioners is painted or placed shall for every such offence be liable to a penalty not exceeding 51.

And with respect to the tender of amends, it is enacted,

CCIX. That if any party have committed any irregularity, trespass, or other wrongful proceeding in the execution of this or the special Act, or any Act incorporated therewith, or by virtue of any power or authority thereby given, and if before action brought in respect thereof such party make tender of sufficient amends to the party injured, such last-mentioned party shall not recover in any such action; and if no such tender have been made it shall be lawful for the defendant by leave of the Court where such action is pending, at any time before issue joined, to pay into court such sum of money as he thinks fit, and thereupon such proceedings shall be had as in other cases where defendants are allowed to pay money into court.

And with respect to the recovery of damages not specially provided for, and of penalties, and to the determination of any other matter referred to Justices, it is enacted as follows:

ccx. The clauses of the Railways Clauses Consolidation Act, 1845, with respect to the recovery of damages not specially provided for, and penalties, and to the determination of any other matter referred to Justices, shall be incorporated in this and the special Act; and such clauses shall apply to the town or district within the limits of the special Act, and to the Commissioners, and shall be construed as if the word "Commissioners" had been inserted therein instead of the word " Company."

CCXI. Provided always, That in Ireland, in the case of any penalty imposed by Justices, where the application is not otherwise provided for, such Justices may award not more than one half of such penalty to the informer, and shall award the remainder to the guardians of the poor of the union within which the offence was committed, to be applied in aid of the poor rates of such union.

CCXII. All things herein or in the special Act, or any Act incorporated herewith, authorized or required to be done by two Justices, may and shall be done by any one magistrate having by law authority to act alone for any purpose with the powers of two or more Justices.

CCXIII. Every person who, upon any examination upon oath under the provisions or this or the special Act, or any Act incorporated therewith, shall wilfully and corruptly give false evidence, shall be liable to the penalties of wilful and corrupt perjury.

And with respect to affording access to the special Act, it is enacted as follows:

CCXIV. The Commissioners shall at all times, after the expiration of six months after the passing of the special Act, keep in their principal office of business a copy of the special Act, printed by the printers to Her Majesty, or some of them, and shall also within the space of such six months deposit in the office of the clerk of the peace of the county in which the town or district within the limits of the special Act is situated a copy of such special Act, so printed as aforesaid; and the said clerk of the peace shall receive, and he and the Commissioners respectively shall retain, the said copies of the special Act, and shall permit all persons interested to inspect the same, and make extracts or copies therefrom, in the like manner and upon the like terms, and under the like penalty for default, as is provided in the case of certain plans and sections by an Act, 7 Will. 4. & 1 Vict. c. 83, intituled, An Act to compel Clerks of the Peace for Counties and other persons to take the Custody of such Documents as shall be directed to be deposited with them under the Standing Orders of either House of Parliament.'

CCXV. If the Commissioners shall fail to keep or deposit, as hereinbefore mentioned, any of the said copies of the special Act, they shall forfeit 201. for every such offence, and also 51. for every day afterwards during which such copy is not so kept or deposited.

CCXVI. That this Act may be amended or repealed by any Act to be passed in this session of Parliament.

SCHEDULES referred to by the foregoing Act.

SCHEDULE (A.)-Sect. 172.

Form of Rate.

AN Assessment to the Sewer Rate [or other Rate, &c., as the Case may be,] for the [name the District or Town], made this in the Year of our Lord 18 after the Rate of

Day of

virtue of the [name special Act].

pence in the pound, by

One of the Collectors of Rates to the
of, &c., hath not paid and has refused to pay the Sum of
in the Year of our Lord One thousand eight hundred and

duly assessed upon him in and by a certain Rate for the said Town [or District] called the [here name the Rate], bearing date on or about the

Day of

, and duly made according to the Directions and for the Purposes of [here name the special Act] although the same hath been duly demanded of him: And whereas it appears to me One of Her Majesty's Justices of the Peace in and for the said County [or Borough, &c.], as well upon the Oath of One of the said Collectors of Rates, as otherwise, that the said Sum of hath been duly demanded in Writing by him from the said and that the said hath refused to pay the same, for the Space of Fourteen Days after such Demand made, and doth refuse to pay the same: And whereas the said having appeared before me, in pursuance of my Summons for that Purpose, hath not shewn to me any sufficient Cause why the same should not be paid [or And whereas it hath been duly proved to me upon Oath that the said hath been duly summoned to appear before me to shew Cause why he refuseth to pay the said Rate or Assessment, but he the said hath neglected to appear according to the said Summons, and hath not shewn to me any sufficient Cause why the same should not be paid]: These are therefore, in Her Majesty's Name, to command you to levy the said Sum of by Distress of the Goods and Chattels of the said

; and if the same shall not be paid within the Space of Days next after such Distress by you taken, together with the reasonable Charges of taking and keeping the same, that then you do sell the said Goods and Chattels by you distrained, and out of the Money arising by such Sale that you do detain the Sum of and also your reasonable Charges of taking, keeping, and selling the said Distress, rendering to him the said the Overplus on demand; and if sufficient Distress cannot be found of the Goods and Chattels of the said whereon to levy the said Sum of that then you

certify the same to me, together with this Warrant, to the end that such further Proceedings may be had therein as to the Law doth appertain. Given under my Hand and Seal, the

Day of

in the Year of our Lord 18
J. P. (L.S.)

CAP. XXXV.-IRELAND.

AN ACT to continue until the Thirty-first Day of July One thousand eight hundred and forty-eight, and to the End of the then Session of Parliament, certain Acts for regulating Turnpike Roads in Ireland.

(21st June 1847.)

1. By this Act the Acts for making, &c., turnpike roads in Ireland which will expire on 31st July 1847, &c., are further continued. 11. Act may be amended, &c.

CAP. XXXVI.

AN ACT for allowing the Subscriptions to the Loan of Eight Millions raised in the Year One thousand eight hundred and forty-seven to be paid up under Discount.

This ACT contains the following clauses :

(21st June 1847.)

I. Contributors to the loan of 8,000,000l. to be allowed interest on instalments paid on or before 10th September 1847.
II. Warrants to be issued for 3 per cent. consols. to the credit of parties on or before 2nd July for dividends due 5th
July 1847.

CAP. XXXVII.

AN ACT for limiting the Time of Service in the Army.

ABSTRACT OF THE ENACTMENTS.

(21st June 1847.)

1. After the passing of this Act the period for enlistment for a soldier limited.

2. Repealing certain questions in Schedule to 10 & 11 Vict. c. 12, and substituting those contained in Schedule (A.) to this Act annexed.

3. Soldiers, at any time during the last six months, or on completion of term of limited service, may be re-engaged.

4. Soldiers ordered on foreign service, within three years of expiration of first engagement may be re-engaged for a further term.

5. If terms of limited services expire while soldiers are on any foreign station, they may be prolonged for a further time.

6. If at the expiration of such terms of service soldiers are unwilling to re-engage themselves, they shall be conveyed home.—If soldiers desire to remain in the colony, governor, &c., may permit them so to do.

7. If term of enlistment of soldier expire after any offence committed, &c., he shall be deemed to be in the service till after trial, &c., for the same.

8. If soldiers are absent from duty by reason of imprisonment, &c., such portion of time not to be reckoned as part of limited

enlistment.

9. Act may be amended, &c.

By this ACT,

After reciting that it is expedient to amend the system of enlistment now in use in Her Majesty's land forces :—

It is Enacted,

1. That after the passing of this Act no person shall be enlisted to serve Her Majesty, or in the forces of the East India Company, as a soldier for a longer term than ten years in the infantry, or twelve years in the cavalry, or artillery, or other ordnance corps, to be reckoned from the day on which the recruit shall have been attested, if he shall have stated himself to be then of the age of eighteen years, or if not, then from the day on which he will complete the age of eighteen years, to be reckoned according to the age stated in his attestation.

II. That such of the questions relative to enlistment as are contained in the Schedule of an Act, 10 & 11 Vict. c. 12, intituled 'An Act for Punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters,' as relates to the enlisting and attesting of soldiers, shall be repealed; and that in all cases of enlistment to serve Her Majesty or the East India VOL. XXV.-STAT.

T