the powers of this Act, in case the same shall be demanded; and in case of dispute between the said surveyor or other persons appointed or employed as aforesaid, on the one hand, and the owner or occupier, as the case may be, on the other hand, as to the amount of damage sustained, the same shall be ascertained and determined by any two or more justices of the peace, in petty sessions assembled, of the county in which the lands or trees may be situate.

2. PENALTY ON PERSONS OBSTRUCTING SURVEY OR REMOVING MARKS.-If any person shall resist or wilfully obstruct or hinder any surveyor or other person employed or assisting in the execution of any survey under the provisions of this Act, or shall take away or displace, or wilfully deface or destroy, any stone, post, mark, or object which shall be set up and placed for the purposes of any such survey, every person so offending shall for every such offence forfeit and pay any sum not exceeding ten pounds, in the discretion of the justices before whom such offender shall be convicted.

3. DAMAGES TO BE PAID OUT OF AIDS GRANTED BY PARLIAMENT.-All damages awarded or agreed to be paid to any owner or occupier of land, or owner of trees, for any injury sustained under the provisions of this Act, shall be paid out of any aids granted by Parliament for making or completing a geological survey of the United Kingdom.

4. RECOVERY OF PENALTIES.-All penalties and forfeitures inflicted or imposed by this Act may be recovered in a summary way by the order and adjudication of any two justices of the peace for the county or place in which such penalty shall be incurred, on complaint to them for that purpose exhibited, and shall afterwards be levied, as well as the costs of proceedings for the recovery thereof, in case of nonpayment, by distress, poinding, or other legal process, and sale, of the goods and chattels of the offender or person liable to pay the same, by warrant of such justices; and such justices are hereby authorized and empowered to summon before them any witness, and to examine such witness upon oath or affirmation of and concerning all offences, penalties, and forfeitures under this Act, and to hear and determine the same; and the overplus (if any) of the money so levied or recovered, after discharging the fine, penalty, or forfeiture for which such warrant or other legal process shall be issued, and the costs and expences of recovering and levying the same, shall be returned, upon demand, to the owner of the goods or chattels so seized or distrained; and in case such penalties or forfeitures shall not be forthwith paid upon conviction, then it shall be lawful for such justices to order the offender so convicted to be detained and kept in safe custody until return can be conveniently made to such warrant of distress, or poinding, or other legal process, unless the offender shall give security, to the satisfaction of such justices, for his appearance before such justices on such day as shall be appointed for the return of such warrant of distress, or poinding, or other legal process, such day not being more than seven days from the time of taking any such security, and which security the said justices are hereby empowered to take, by way of recognizance, caution, or otherwise; but if upon return of such warrant it shall appear that no sufficient distress can be had thereupon, then it shall be lawful for such justices and they are hereby authorized and required, by warrant under their hands and seals, to cause such offender to be committed to the gaol of such county or place, there to remain without bail or mainprize for any time not exceeding two calendar months, unless such penalties or forfeitures respectively, and all reasonable charges, shall be sooner paid and satisfied; and such penalties and forfeitures, when so levied, shall be paid and applied to the use of any infirmary or charitable institution in the county in which such offence shall be committed, in such manner as such justices respectively shall direct and appoint.

[S. 5 rep. 56 & 57 Vict. c. 61, s. 2.]

6. INTERPRETATION OF TERMS.-In construing this Act the word "county" shall be taken to include hundred, city, borough, town, townland, parish, burghs, royal parliamentary burghs, burghs of regality and barony, extra-parochial and other places, districts, and divisions, by whatsoever denomination the same respectively shall be known or called; the word "justices" shall include all persons acting in the commission of the peace for any county so interpreted as aforesaid, sheriffs of counties in Scotland, and the sheriff and court of deemsters of the Isle of Man; the word "owner" shall include all bodies, politic, corporate or collegiate, and all persons entitled to any estate or interest in possession; and the word "land" shall extend to lands, grounds, hereditaments and heritages, of any tenure or description; and every word importing the singular number

shall, when necessary to give full effect to the enactments herein contained, be deemed to extend and be applied to several persons or things as well as one person or thing; and any words importing the plural number only shall include the singular number; and every word importing the masculine gender shall, wheh necessary, extend and be applied to a female as well as a male.

[S. 7 rep. 38 & 39 Vict. c. 66 (S.L.R.).]

CHAPTER LXXIV.

THE LOTTERIES ACT, 1845 (Short Titles Act, 1896)

AN ACT to amend an Act of the Seventh Year of King William the Fourth, for preventing the advertising of Foreign and other illegal Lotteries;

Title in part rep. 54 & 55 Vict. c. 67 (S.L.R.).

[Preamble recites 6 & 7 Will. 4, c. 66.]

[Ss. 1, 2 rep. 38 & 39 Vict. c. 66 (S.L.R.).]

[31st July 1845.]

3. APPLICATION OF FINES, &C. UNDER RECITED ACT.--All fines, penalties, and forfeitures imposed by or incurred or which may be incurred under the said recited Act shall go and be applied to the use of her Majesty.

4. FINES, &C. MAY BE SUED FOR IN THE NAME OF THE ATTORNEY OR SOLICITOR GENERAL IN ENGLAND OR IRELAND, OR HER MAJESTY'S ADVOCATE FOR SCOTLAND, &C. IN THE COURT OF EXCHEQUER IN EACH COUNTRY, AND NOT OTHERWISE.-Provided always, that every such fine, penalty or forfeiture may be sued or prosecuted for in the name of her Majesty's attorney general or solicitor general in England or Ireland, or of her Majesty's advocate general or solicitor general in Scotland, or of the solicitor of stamps and taxes in England or Scotland, or of the solicitor of stamps in Ireland, or of any person to be authorized to sue or prosecute for the same by writing under the hands of the commissioners of stamps and taxes, or in the name of any officer of stamp duties, by action of debt, bill, plaint, or information, in the Court of Exchequer at Westminster in respect of any fine, penalty, or forfeiture incurred in England, and in the Court of Exchequer in Dublin in respect of any fine, penalty, or forfeiture incurred in Ireland, and in the Court of Exchequer in Scotland in respect of any fine, penalty, or forfeiture incurred in Scotland; and, except as is herein-before provided, it shall not be lawful for any person other than as aforesaid to inform, sue, or prosecute for any such fine, penalty, or forfeiture as aforesaid. [S. 5 rep. 38 & 39 Vict. c. 66 (S.L.R.).]

CHAPTER LXXVI.

THE REVENUE ACT, 1845 (Short Titles Act, 1896).

to

AN ACT to increase the Stamp Duty on Licences to Appraisers; amend the Law relating to the Duties on Legacies; and also to amend an Act of the last Session of Parliament, for regulating the Issue of Bank Notes in England. [4th August 1845.]

Title in part rep. 54 & 55 Vict. c. 67 (S. L.R.).

[Preamble recites 55 Geo. 3, c. 184; 5 & 6 Vict. c. 82; 8 & 9 Vict. c. 2.]

1. DUTY ON APPRAISERS LICENCES.There shall be granted, raised, levied, collected, and paid, in Great Britain and Ireland respectively, unto and for the use of her Majesty, the duty of two pounds,

for and in respect of a licence to use and exercise the calling or occupation of an appraiser, to be taken out yearly by every person (except a licensed auctioneer)

who shall exercise the said calling or occupation of an appraiser, or who, for or in expectation of any gain, fee, or reward, shall make any appraisement or valuation chargeable by law with any stamp duty.

S. 1 in part rep. 38 & 39 Vict. c. 66 (S.L.R.).

[Ss. 2, 3 rep. 33 & 34 Vict. c. 99.]

4. CERTAIN GIFTS BY WILL OR TESTAMENTARY INSTRUMENT to be deemed Legacies UNDER LEGACY DUTY ACTS-EXEMPTION OF SUMS APPOINTED BY WILL IN EXERCISE of POWER GIVEN BY MARRIAGE SETTLEMENT.-[Recital] Every gift by any will or testamentary instrument of any person, which by virtue of any such will or testamentary instrument is or shall be payable or shall have effect or be satisfied out of the personal or moveable estate or effects of such person or out of any personal or moveable estate or effects which such person hath had or shall have had power to dispose of, or which gift is or shall be payable or shall have effect or be satisfied out of or is or shall be charged or rendered a burden upon the real or heritable estate of such person, or any real or heritable estate, or the rents or profits thereof, which such person hath had or shall have had any right or power to charge, burden, or affect with the payment of money, or out of or upon any monies to arise by the sale, burden, mortgage, or other disposition of any such real or heritable estate, or any part thereof, whether such gift shall be by way of annuity or in any other form, and also every gift which shall have effect as a donation mortis causâ, shall be deemed a legacy within the true intent and meaning of all the several Acts granting or relating to duties on legacies in Great Britain and Ireland respectively, and shall be subject and liable to the said duties accordingly: Provided always, that no sum of money which by any marriage settlement is or shall be subjected to any limited power of appointment to or for the benefit of any person or persons therein specially named or described as the object or objects of such power, or to or for the benefit of the issue of any such person or persons, shall be liable to the said duties on legacies under the will in which such sum is or shall be appointed or apportioned in exercise of such limited power.

5. RECOVERY OF PENALTIES UNDER LAST-RECITED ACT-PENALTIES MAY BE MITIGATED OR COMPOUNDED APPLICATION OF PENALTIES.-[Recital of 7 & 8 Vict. c. 32] All pecuniary penalties imposed by or incurred under the said last-recited Act may be sued or prosecuted for and recovered, for the use of Her Majesty, in the name of her Majesty's attorney general or solicitor general, or of any person authorized to sue or prosecute for the same by writing under the hands of the commissioners of stamps and taxes, or in the name of any officer of stamp duties, by action . . or information,

in the Court of Exchequer at Westminster, in such and the same manner as any penalties imposed by any of the laws now in force relating to the duties under the management of the said commissioners; and it shall be lawful in all cases for the said commissioners, either before or after any proceedings commenced for recovery of any such penalty, to mitigate or compound any such penalty as they shall think fit, and to stay any such proceedings after the same shall have been commenced, and whether judgment may have been obtained for such penalty or not, on payment of part only of any such penalty, with or without costs, or on payment only of the costs incurred in such proceedings, or of any part thereof, or on such other terms as such commissioners shall judge reasonable: Provided always, that all pecuniary penalties imposed by or incurred under the said last-recited Act, by whom or in whose name soever the same shall be sued or prosecuted for or recovered, shall go and be applied to the use of her Majesty, and shall be deemed to be and shall be accounted for as part of her Majesty's revenue arising from stamp duties, any thing in any Act contained, or any law or usage, to the contrary in anywise notwithstanding: Provided always, that it shall be lawful for the said commissioners, at their discretion, to give all or any part of such penalties. as rewards to any person or persons who shall have detected the offenders, or given information which may have led to their prosecution and conviction.

S. 5 in part rep. 38 & 39 Vict. c. 66 (S.L.R.).

[S. 6 rep. 38 & 39 Vict. c. 66 (S.L.R.).]

CHAPTER LXXVII.

THE HOSIERY ACT, 1845 (Short Titles Act, 1896).

AN ACT to make further Regulations respecting the Tickets of Work to be delivered to Persons employed in the Manufacture of Hosiery, in certain Cases. [4th August 1845.]

[Preamble recites 5 Geo. 4, c. 96, s. 18.]

1. MANUFACTURER OF HOSIERY TO DELIVER TO WORKMAN WITH MATERIALS A TICKET OF PARTICULArs of Work, aS IN SCHEDULE ; AND TO PRESERVE A DUPLICATE.When any manufacturer of hosiery, or the agent of any such manufacturer, gives out to a workman the materials to be wrought, such manufacturer or agent shall at the same time deliver to such workman a printed or written ticket, signed by such manufacturer, containing the particulars of the agreement between such manufacturer and such workman, as in the schedule to this Act annexed; and such manufacturer or agent delivering such ticket shall make or cause to be made, and shall preserve until the work contracted to be done shall have been completed or paid for, a duplicate of such note or ticket.

S. 1 in part rep. 38 & 39 Vict. c. 66 (S.L.R.).

2. TICKET AND DUPLICATE TO BE EVIDENCE.-In the event of any dispute between the manufacturer or his agent and the workman, such ticket, and the said duplicate thereof, shall be required to be produced, and shall, together or either of them, be evidence of all things mentioned therein or respecting the same.

3. WHEN DISPUTE ARISES AS TO IMPERFECT EXECUTION THE WORK TO BE PRODUCED.— Provided always, that where the subject of dispute relates to the alleged improper or imperfect execution of any work delivered to a manufacturer or his agent, such piece of work shall be produced in order to adjudication, or if not produced shall be deemed and taken to have been sufficiently and properly executed.

4. PENALTY ON MANUFACTURER FOR NON-DELIVERY OF TICKET RESTRICTION ON MANUFACTURERS ACTING AS JUSTICES.-If any manufacturer or agent shall neglect or refuse to deliver such ticket to such workman as aforesaid with the materials so given out, and if such workman shall complain thereof to any justice of the peace having jurisdiction in the place where the materials shall have been delivered out or where the workman shall reside, such justice may summon such manufacturer or agent to attend before two justices, at a time or place appointed for hearing the complaint, and set forth in the summons; and if the person to whom such summons so directed appears according to the tenor thereof, or if he does not appear, and the due service of the summons is proved, the said justices may proceed to hear and determine the complaint; and if such neglect or refusal as aforesaid be proved, either by the confession of the party complained against, or by the oath of the complainant or of any other credible witness or witnesses, such justices may convict such offender, and may, upon such conviction, adjudge him to pay such penalty, not exceeding five pounds, together with the costs attending the conviction, as such justices shall think fit, and the party so adjudged to pay such penalty and costs shall pay the same accordingly : Provided always, that in all convictions of adjudications under this Act one at least of the convicting or adjudicating justices shall be a person not engaged in any manufacture, trade, occupation, or employment to which this Act extends, and shall not be the father, son, or brother of any such person.

[Ss. 5, 6 rep. 55 & 56 Vict. c. 19 (S.L.R.).]

7. APPLICATION OF PENALTY-3 GEO. 4, c. 46.— The said penalty shall be paid over to the sheriff or other proper officer of the county, city, borough, or piace in which such conviction shall take place, for her Majesty's use, and shall be returned to the court of quarter sessions, under the provisions of the Levy of Fines Act, 1822.

S. 7 in part rep. 55 & 56 Vict. c. 19 (S.L.R.).

8. NO CERTIORARI ALLOWED, NOR DISTRESS UNLAWFUL FOR WANT OF FORM.-No order or conviction, or proceeding touching the same respectively, shall be quashed for want

of form, or be removed by certiorari or otherwise into any of her Majesty's superior courts of record;

S. 8 in part rep. 55 & 56 Vict. c. 19 (S.L.R.).

9. INTERPRETATION OF ACT.-The word "manufacturer" in this Act shall be understood to mean any person furnishing the materials of work to be wrought into hosiery goods, to be sold or disposed of on his own account, and the word "agent" to include any person conveying or delivering the same to the workman, and the word "workman" any person actually employed in the manufacture of the same,