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Unduly laying Timber, Rubbish, &c.

Suffering

Water, &c. to

of Accident for a longer Time than may be necessary to remove Unduly placing the same, or shall not place such Waggon, Wain or other Carriage, Carriages whilst during the Time of loading or unloading the same, or of taking loading, &c. Refreshment, as near to one Side of the Road as conveniently may be, either with or without any Horse or Beast of Draught harnessed or yoked thereto; or shall lay any Timber, Stone, Hay, Straw, Dung, Manure, Soil, Ashes, Rubbish or other Matter or Thing whatsoever, upon such Road, or on the Side or Sides thereof, to the Prejudice of such Road, or to the Prejudice, Annoyance, Interruption or personal Danger of any Person or Persons travelling thereon, or shall suffer any Water, Filth, Dirt or other offensive Matter or Thing whatsoever, to run or flow into or upon such Road or Footpaths from any House, Building, Erection, Lands or Premises adjacent thereto; or if any Person driving any Pigs or Swine upon any such Road, shall suffer such Pigs or Swine to root up or damage such Road, or the Fences, Hedges, Banks or Copes, on either Side thereof respectively; or if any Person shall, after having blocked or stopped any Cart, Waggon or other Carriage, in going up a Hill or rising Ground, cause or suffer to be or remain on such Road the Stone or other Thing with which such Cart or other Carriage shall have been blocked or stopped, every Person offending in any of the Cases aforesaid, shall, for each and every such Offence, forfeit and pay any Sum not exceeding Forty Shillings over and above the Damages occasioned thereby.

run upon
Road, &c.

Unduly driving
Pigs, &c.

Suffering Stones, &c. with which

Carriages have been stopped to remain.

Penalty.

Gates to open inwards, &c.

Penalty.

Offenders may

be detained

XXXVIII. And be it further enacted, That no Door or Gate of any Building, Park, Field or Inclosure whatsoever, shall be made to open into or towards any Part of any of the said Roads, or be suffered to continue so to open, except the hanging Post thereof shall be fixed or placed so far from the Centre of any Part of such Road, as that no Part of such Door or Gate shall, when open, project over any Part of such Road; and the Occupier or Occupiers of any Building, Park, Field or Inclosure, having any Door or Gate opening outwards, contrary to the Meaning of this Act, shall, within Fourteen Days after Notice to him, her or them, given personally or in Writing from any Person authorized by the said Commissioners in that Behalf, cause such Door or Gate to be hung, so that no Part of the same, when open, shall project over any Part of such Road, and in Default thereof, such Person is hereby authorized to cause the Door or Gate to be hung according to the Intention of this Act, and the Person or Persons guilty of such Neglect or Default shall, upon Complaint made to any Justice or Justices of the Peace, acting in and for the County where such Neglect shall appear, and upon Conviction upon the Oath of One credible Witness, pay to such Person such Sum as the said Justice or Justices shall direct to defray the Expence of making the Alteration, and hanging such Door or Gate, and shall also forfeit and pay a further Sum, not exceeding Forty Shillings for his, her or their Neglect therein, to be fixed by and at the Discretion of the Justice or Justices by whom such Conviction shall be made.

XXXIX. And be it further enacted, That in every Case in which any Person shall be convicted of any Penalty under this Act, it until it appear shall and may be lawful for the Justice or Justices before whom

such

such Person shall be convicted, to order such Person to be de- whether Dis. tained in Custody, until it can be ascertained whether sufficient tress can be Distress can be found; and in case sufficient Distress cannot be found. found or such Penalty shall not be forthwith paid, or sufficient If no Distress, Security given for the Payment thereof, it shall and may be lawful Imprisonment. for such Justice or Justices, and they are hereby authorized and required by Warrant under his Hand, or their Hands, to cause any such Öffender to be committed to Gaol, or to a House of Correction, for any Time not exceeding Six Calendar Months.

Offenders.

XL. And be it further enacted, That it shall and may be lawful For securing for the said Commissioners, or their Collectors, Surveyors or other transient Officers respectively, and such Person or Persons as they or any of them shall call to their Assistance, without any Warrant or other Authority than this Act, to seize and detain any Person or Persons (being unknown to such Commissioners, Collectors, Surveyors or other Officers,) who shall commit any Offence or Offences against this Act, and take him, her or them before any Justice or Justices of the Peace for the County or Place where the Offence or Offences shall be committed, or such Offender or Offenders shall be seized and apprehended, and such Justice and Justices shall and is and are hereby required to proceed and act with respect to such Offender or Offenders according to the Provisions of this Act.

XLI. And be it further enacted, That all Forfeitures and Pe- How Penalties nalties by this Act imposed, the Manner of recovering whereof levied and is not particularly specified, shall, on Proof of the Offence before applied. Two or more Justices of the Peace, or the Sheriff Depute or Substitute of the County in which the Offence shall have been committed, either by the Confession of the Party, the Oath of One or more credible Witness or Witnesses, or other legal Evidence, be levied by Distress and Sale of the Goods and Effects Distress. of the Party or Parties offending, by Warrant under the Hands of such Justices or Sheriff, (which Warrant they or any of them are hereby authorized and required to grant, and to administer the Oath gratis,) such Sale being always made by Public Auction to the highest Offerer of a ready Money Price, at such Place as shall be directed in the said Warrant, within Six Days after such Distress shall have been made, and the Overplus Money arising from such Sale, after Deduction of the Penalties imposed and Charges in Recovery thereof, shall be returned on Demand to the Owner or Owners of the Goods and Effects; and all Penalties and Forfeitures imposed by this Act, if not otherwise hereby appropriated, shall be paid to the said Commissioners or their Collectors, to be laid out and applied for the Purposes of this Act; and in case sufficient Distress cannot be found, or such Penalties If no Distress, and Forfeitures shall not forthwith be paid, or sufficient Security given for Payment, it shall be lawful for any One of the said Justices of the Peace, or the said Sheriff Depute or Substitute, together with any One Justice of the Peace, and they are hereby authorized and required, by Warrant under their Hands, to cause such Offender or Offenders to be committed to Gaol or to a House of Imprisonment. Correction for any Time not exceeding Six Calendar Months, unless such Penalties and Forfeitures and all reasonable Charges shall be sooner paid.

XLII. Pro

Appeal to
Quarter Ses-

sions.

Notice.

Final.

Limitation of
Actions, &c.

Royal Burghs not to be assessed.

59 G.3. c.185. to remain in force.

43 G. 3. c. 80. extended to this Act.

Expences of

Act how de. frayed.

Public Act.

XLII. Provided always, and be it further enacted, That any Person who shall think himself or herself aggrieved by any Proceedings to be had in the Execution of this Act, for which no particular Relief has been hereby provided, may within Six Months after the Matter complained of shall be done, but not afterwards, appeal to the Justices of the Peace at the Quarter Sessions of the County wherein the Grievance shall have arisen, the Appellant giving Fifteen Days previous Notice of such Appeal to the Defender or Defenders, and to the Law Agent of the said Commissioners, and to the Clerk of the Justices of the Peace, which Justices shall have Power and Authority to hear and determine the Matters in Dispute, and their Judgment therein shall be final, without being subject to Review, Advocation, Suspension, or otherwise.

XLIII. And be it further enacted, That all Actions and Complaints for all and every the Penalties and Forfeitures imposed by this Act, or for any Wrongs done or Injuries suffered in any Matter thereto relative, or in consequence of any of the Powers by this Act given and granted, shall be commenced within the Space of Six Calendar Months after the Penalty or Forfeiture is incurred, or Wrong done, or Injury suffered, and not afterwards.

XLIV. And be it further enacted, That from and after the passing of this Act, no Royal Burgh or Burgh of Regality shall be assessed for the Purposes of the said recited Act passed in the Fifty ninth Year of the Reign of His late Majesty, or for the Purposes of this Act, any Thing contained in any former Act or Acts to the contrary notwithstanding.

XLV. And be it further enacted, That the said recited Act of the Fifty ninth Year of His late Majesty's Reign, intituled An Act to repeal Two Acts, made in the Fifty fourth and Fifty fifth Years of the Reign of His present Majesty, for maintaining and keeping in Repair certain Roads and Bridges in Scotland; to provide more effectually for that Purpose; and for Regulation of Ferries in Scotland; shall remain in Force, and have Effect in all respects, excepting in so far as the same is altered by this Act; and that all the Powers and Authorities granted by the said Act passed in the Fifty ninth Year of the Reign of His late Majesty; and also all the Powers and Authorities granted by the said recited Act of the Forty third Year of His late Majesty's Reign, intituled An Act for granting to His Majesty the Sum of Twenty thousand Pounds, to be issued and applied towards making Roads and building Bridges in the Highlands of Scotland; and for enabling the Proprietors of Land in Scotland to charge their Estates with a Proportion of the Expence of making and keeping in repair Roads and Bridges in the Highlands of Scotland, for the Purpose of carrying the same into Execution, are hereby granted for the Purpose of carrying this Act into Execution.

XLVI. And be it further enacted, That the Expence of this Act may and shall be defrayed out of any Money in the Hands of the said Commissioners appointed by the hereinbefore recited Acts of the Forty third and Fifty ninth Years of His late Majesty. XLVII. And be it further enacted, That this Act shall be deemed and taken to be a Public Act, and shall be judicially

taken

taken Notice of as such by all Judges, Justices and others, without being specially pleaded.

XLVIII. And be it also enacted, That this Act shall commence Commencefrom the passing thereof, and shall remain in full Force and ment and Conhave Continuance for and during the Term of Twenty one Years, tinuance of and from thence to the End of the then next Session of Parliament.

Act.

CA P. LVII.

An Act to defer the Commencement of the Duties and Draw-
backs on Barilla, under an Act of this present Session of
Parliament.
[9th July 1823.]

WHEREAS by an made in this fession of Par-
HEREAS by an Act made in this present Session of Par- Ante, c.44.

§ 1.

backs on Barilla imported into the United Kingdom, and to grant other Duties and Drawbacks in lieu thereof, it is enacted, that from and after the Fifth Day of July One thousand eight 'hundred and twenty three, the several Duties of Customs on 'the Importation of Barilla, and the several Drawbacks on the Exportation thereof, shall cease and determine; and that 'from and after the said Fifth Day of July One thousand eight 'hundred and twenty three, in lieu of the said Duties so made 'to cease, there shall be raised, levied, collected and paid the 'several Duties, and that there shall be allowed the several Drawbacks, inserted or described and set forth in the Table to the 'said Act annexed: And Whereas it is expedient that the in'creased Duties granted by the said Act should not commence ' and be payable on the said Day:' 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 Duties and Drawbacks payable on Barilla under any Duties and Act or Acts in force immediately before the passing of the said Drawbacks recited Act of this present Session of Parliament, shall cease and payable under determine from and after the Fifth Day of January One thousand eight hundred and twenty four, and not sooner; and that the Duties and Drawbacks which by the said recited Act of this present Session of Parliament and the Table thereto annexed are made payable and allowable on Barilla, shall be raised, levied, collected, paid and allowed from and after the said Fifth Day of January One thousand eight hundred and twenty four, and not sooner; any thing in the said recited Act of this present Session of Parliament contained to the contrary thereof in anywise notwithstanding.

recited Act to commence

Jan. 5. 1824.

САР.

3 G.4. c.1.

Recited Act continued till Aug. 1. 1824.

Secretary at War to issue the Money required for the Pay of the Regular Militia.

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CA P. LVIII.

An Act to continue, until the First Day of August One thousand eight hundred and twenty four, an Act, made in the last Session of Parliament, for suppressing Insurrections and preventing Disturbances of the Public Peace in Ireland. [9th July 1823.]

WHEREAS an Act was passed in the last Session of Parlia

ment, intituled An Act to suppress Insurrections and prevent 'Disturbances of the public Peace in Ireland, until the First Day of August One thousand eight hundred and twenty two; and which by an Act passed in the same Session was continued until the First Day of August One thousand eight hundred and twenty three: And Whereas it is expedient that the said Act 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 first recited Act shall be and the same is hereby continued, and shall be and remain in force on and from the said First Day of August One thousand eight hundred and twenty three, until the First Day of August One thousand eight hundred and twenty four.

CAP. LIX.

An Act to defray the Charge of the Pay, Clothing and con-
tingent and other Expences of the Disembodied Militia in
Great Britain and Ireland; and to grant Allowances in
certain Cases to Subaltern Officers, Adjutants, Quarter-
masters, Surgeons, Assistant Surgeons, Surgeons' Mates
and Serjeant Majors of Militia, until the Twenty fifth
Day of March One thousand eight hundred and twenty
four.
[9th July 1823.]

W
HEREAS it is necessary that Provision should be made
for defraying the Charge of the Pay, Clothing and con-
'tingent and other Expences of the Regular Militia, and of the
Miners of Cornwall and Devon (when disembodied), in Great
'Britain and Ireland; and also for making Allowances of Re-
duced Pay in certain Cases to Subaltern Officers and Surgeons'
Mates of the Regular Militia, and Miners of Devon and Corn-
wall, in Great Britain, while disembodied; and also Allowances
'to Adjutants and Serjeant Majors of the Regular Militia, who
have been or may be reduced; and to Adjutants, Surgeons
and Quartermasters, after long Service:' 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 Secretary at War for the Time being may
and shall, and he is hereby authorized, empowered and required
to cause to be issued and paid the whole Sum required for the
Regular Militia of Great Britain and Ireland (when disembodied),
in the Manner and for the several Uses hereinafter mentioned ;

(that

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