the Book, which
shall be open for

Inspection of.
Officer.

Person such Charge was made; and that the Brewer or Dealer A similar Entry selling, sending out or delivering any such- Beer or Ale as afore- to be made in said, shall at the same Time make a correspondent Entry thereof, containing the same Particulars, in such Book as aforesaid; and that such Book, with such Entries so made therein as aforesaid, shall at all Times be open and exposed in the entered Premises of such Brewer or Dealer as aforesaid, to the Perusal of any Officer or Officers of Excise surveying the said Premises, and shall be delivered by such Brewer or Dealer to any Officer or Officers of Excise upon Demand; and if any such Brewer or Dealer as aforesaid shall at any time sell, send out or deliver any Beer or Ale to any Brewer, Victualler, Dealer in or Retailer of Beer, or other Person or Persons as aforesaid, without delivering such Certificate as aforesaid, or making such Entry in such Book as aforesaid, or shall convey away or conceal any such Book or Books, or Oancel, obliterate, destroy or tear out any Leaf or Leaves therefrom, or Entry or Entries therein, or shall make any false Entry. or Entries therein, or shall oppose, molest, obstruct or hinder any Officer or Officers of Excise in inspecting any such Book, or any such Entry or Entries therein as aforesaid, or shall at any Time neglect or refuse, when required, to give up to any Officer or Officers such Book or Books as aforesaid, every such Brewer or Dealer as aforesaid so. offending shall for every such Offence severally forfeit and lose, the Sum of Two Penalty 2001. hundred Pounds..

Brewer offending, cancelling, &c. such Books

or Entries, &c.

V. And be it further enacted, That from and after the said Increase in Fifth Day of July, if any Officer or Officers of Excise shall dis- Stock beyond cover and find any. Increase in the Stock of any Brewer, Vic- preceding Surtuallers Dealer or Retailer, over and above the Quantity of Beer vey, not satis. factorily acor Ale which the Officer found in such Brewer, Victualler, Dealer counted for, or Retailer's Custody at the Time of the last preceding Survey forfeited, and upon such Brewer, Victualler, Dealer or Retailer, and which In- Penalty 2001, crease such. Brewer, Victualler, Dealer or Retailer shall not thereupon satisfactorily account for, as arising from Beer duly received with such Certificate as aforesaid, or brewed by himself or herself, and on which the Duty has been duly charged, such Increase, or a Quantity of Beer or Ale equal thereto, shall be deemed and taken to be Beer or Ale brewed without Payment of Duty, and shall be forfeited and lost; and a Quantity equal to the increased Quantity shall and may be seized and taken by the Officer or Officers of Excise who shall discover the same,. from and out of such Stock; and the Person or Persons, in whose Stock such Increase shall be discovered and found, shall for each and every such Offence forfeit and lose the Sum of Two hundred Pounds.

VI. And be it further enacted, That all Fines, Penalties and Recovery and Forfeitures imposed by this Act, shall be sued for, recovered, Application of levied or mitigated by such Ways, Means or Methods, as any Penalties, &c. Fine, Penalty or Forfeiture may be sued for, recovered, levied or mitigated by any Law or Laws of Excise, or by Action of Debt, Bill, Plaint or Information in any of His Majesty's Courts of Record at Westminster, or in the Court of Exchequer in Scotland respectively; and that One Moiety of every such Fine, Penalty or Forfeiture shall be to His Majesty, His Heirs and

C 4

Suc

Successors, and the other Moiety to him, her or them who shall
discover, inform or sue for the same.

VII. And be it further enacted, That this Act may be altered,
amended or repealed by any Act or Acts to be passed in this
Session of Parliament.

WE

CA P. XXIII.

An Act to amend the Law respecting the inclosing of Open Fields, Pastures, Moors, Commons and Waste Lands, in England. [19th April 1821.] HEREAS great Inconveniences have arisen to Landlords and other Persons, owners of Allotments allotted and 'set out to them by the Commissioner or Commissioners under or by virtue of several Acts, already passed for dividing, al'lotting and inclosing of open and uninclosed Fields, Pastures, 'Moors, Commons and Waste Lands, in England, by reason that such Landlords and other Persons, Owners of Allotments as aforesaid, cannot, before the Execution and perfecting of the 'Award or Awards by such Acts directed to be made by such • Commissioner or Commissioners, distrain for the Rent in arrear or unpaid for or in respect of such Allotment or Allotments; or support an Action of Trespass for any Damage or Injury 'done to such Allotment or Allotments, or an Action of Ejectment to recover the Possession of such Allotment or Allot'ments, in consequence of the Freehold or Legal Seisin thereof respectively not being vested in such Landlords and other Persons, Owners of such Allotment or Allotments, by the Award or Awards of such Commissioner or Commissioners as aforesaid: For Remedy whereof, be it 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 Persons acting from and after the passing of this Act, it shall and may be lawful to and for all and every Person and Persons, to whom any Allotment or Allotments of Land has or have been set out or allotted, or which shall or may hereafter be set out or and demised by allotted, and to whom the Possession of such Allotment or Allotments hath been already given, by virtue of any Order or Direction, Orders or Directions, or to whom the Possession thereof shall hereafter be given, by virtue of any Order or Direction, Orders or Directions in Writing, in the Form and Award shall not specified in the Schedule hereto annexed, and signed by the Commissioner or Commissioners acting under or by virtue of any Act or Acts of Parliament now or hereafter to be passed for dividing, allotting and inclosing any Open Fields, Pastures, Commons, Moors and Waste Lands in England, and who shall have demised the same, or any Part thereof, to any Tenant or Servant, or for their, his or her Bailiff or Agent, Bailiffs or Agents, or any Person or Persons by them, him or her authorized and employed for that Purpose, to enter into and upon any such Allotment or Allotments, and to seize and distrain any Goods, Chattels or Effects which may be in or upon such Allotment or Allotments, or in or upon any other Lands, Tenements or Hereditaments,

Landlords or

under their

Orders may

enter upon Land allotted

them, and seize and distrain for Rent, notwithstanding the Commissioners'

be executed.

ditaments, held, occupied or enjoyed by the Tenant or Occupier of such Allotment or Allotments along and together with any such Allotment or Allotments, for any Rent that may be in Arrear and unpaid for all or any Part of such Allotment or Allotments, and either alone or together with any such Allotment or Allotments, and any other Lands, Tenements and Hereditaments, held, occupied or enjoyed therewith, notwithstanding the Award or Awards of the Commissioner or Commissioners appointed in or named by or by virtue of any such Act or Acts so made and passed, or to be hereafter made and passed, shall not be executed and perfected by such Commissioner or Commissioners, by virtue or in pursuance of any such Act or Acts of Parliament.

Damage, &c.

done on such Premises inay also be brought.

II. And be it further enacted, That it shall and may be law- Actions at Law ful to and for all and every Person or Persons, to whom any such in respect of Allotment or Allotments is or are already set out or allotted, or which shall or may be hereafter set out or allotted, and to whom such Possession as aforesaid hath been already given, by virtue of any Order or Direction, Orders or Directions, or the Possession whereof shall hereafter be given to such Person or Persons by virtue of any Order or Direction, Orders or Directions in Writing, in the Form specified in the said Schedule as aforesaid, and signed by such Commissioner or Commissioners as aforesaid, and to his, her or their Tenants, Stewards, Bailiffs, Agents or Servants, to commence, prosecute and maintain any Action or Suit at Law, for any Injury or Damage that may be done or committed by any Person or Persons whomsoever, to the Ground, Soil or Herbage of any such Allotment or Allotments, or to the Walls, Hedges, Fences, Ditches, Gates, Posts, Rails, Stills, Cloughs, Bridges or Tunnels, already erected or to be erected in or upon any such Allotment or Allotments, and to bring, maintain and prosecute any Action or Actions of Ejectment, for recovering the Possession of any such Allotment or Allotments, or any Part or Parts thereof, from any Person or Persons whomsoever, notwithstanding the Award or Awards of the Commissioner or Commissioners appointed in or named by or by virtue of any such Act or Acts now made and passed, or to be hereafter made and passed, shall not be executed and perfected by such Commissioner or Commissioners, by virtue or in pursuance of any such Act or Acts of Parliament; any thing in any Act or Acts, or any Construction of or Implication from any Act or Acts, or any Law, Usage or Custom to the contrary in anywise notwithstanding.

III. Provided always, That nothing in this Act contained shall prevent or be construed to prevent or take away the Right of any Person or Persons, Bodies Politic or Corporate, and his, her and their Heirs, Successors and Assigns, to appeal against the Award or Awards, Order or Directions of any such Commissioner or Commissioners, when made and executed, or the Right of Possession to any such Allotment or Allotments, which may be affected by the Judgment of the Court or such Appeal; or to prevent or obstruct, or in anywise lessen or prejudice, any Alteration or Alterations to be made, ordered or directed by any such Commissioner or Commissioners as aforesaid, for or in respect of any such Allotment or Allotments, in and by his or their Award or

Awards,

Proviso for
Appeal against
Award of Com-

missioners.

Where Leases granted under

41 G. 3. (U.K.)

c. 109. become

void before the Expiration of their Term, In

cumbents may grant new

Leases as herein

mentioned.

Powers of this

Act only binding in Cases where not otherwise provided.

Awards, to be made and executed by virtue or in pursuance of any such Act or Acts of Parliament as aforesaid.

IV. Provided always, and be it further enacted, That whenever any Lease or Leases to be granted by any Rector, Vicar or other Incumbent, under the Powers or Provisions of an Act passed in the Forty first Year of the Reign of His late Majesty King George the Third, intituled An Act for consolidating in one Act certain Provisions usually inserted in Acts of Inclosure, and for facilitating the Mode of proving the several Facts usually required on the passing of such Acts, shall by any Means become forfeited or void, or be surrendered before the Expiration, by Effluxion of Time, of the Term or Terms thereby granted, then and in such case, and as often as the same shall so happen, it shall and may be lawful for the Rector, Vicar or other Incumbent for the time being of the same Rectory, Vicarage or Parish, by and with the previous Consent of the Ordinary and Patron, to grant a new Lease of the Lands so demised, for such Term or Terms of Years as shall, at the Time or Times of such Avoidance, be then to come and unexpired of the original Term or Terms granted by such original Lease or Leases, subject nevertheless to the Provisions and Conditions contained in such original Lease or Leases, and then remaining unperformed and capable of having Effect.

V. Provided always, and be it enacted, That the Powers, Authorities and Provisions in this Act contained shall be only so far effective and binding, in each particular Case, as they or any of them shall not be otherwise provided and enacted in any Act hereafter to be passed, for dividing, allotting and inclosing, any Open Fields, Pastures, Commons, Moors or Waste Lands in England.

I

SCHEDULE to which the Act refers.

A. B. [or, in case of Two or more Commissioners, We, A. B. C. D. &c.] the Commissioner [or Commissioners] named and appointed in and by an Act of Parliament lately made and passed, intituled An Act [here insert the Title of the Act by which the Commissioner or Commissioners is or are appointed] do hereby order and direct, permit and authorize T. F. or his [her or their] Bailiff or Agent, to take Possession of all that Allotment [here describe the Allotment or Allotments by Metes and Bounds] by me [or us] set out or allotted, and staked or marked out to and for him [or her or their, as the case may be], under and by virtue of the said Act, and to cultivate and manage, or to let and demise the same Allotment [or Allotments] to any Tenant or Tenants, as he [or as she or they, as the case may be] shall think proper; but nevertheless subject and without prejudice to any such Order or Orders, Direction or Directions, as I [or we] may think proper and expedient to make, in and by the Award or Awards to be hereafter executed by me [or us], so far as respects such Allotment [or Allotments] so set out and allotted, and staked or marked out to and for the said T. F. As witness my Hand [or our Hands], this Day of

Witness,

(Signed) A. B.

.

CA P. XXIV.

An Act to extend certain Provisions of an Act of King William the Third, intituled An Act for regulating of Trials in cases of Treason and Misprision of Treason, to that Part of the United Kingdom called Ireland. [19th April 1821.]

WHEREAS by an Act passed in the Seventh Year of His 7&8 W. 3. c. 3.

late Majesty King William the Third, and intituled An § 2. •Act for regulating of Trials in cases of Treason and Misprision of Treason, it is amongst other Things enacted, that no Person ‹ or Persons whatsoever shall be indicted, tried or attainted of High Treason, whereby any Corruption of Blood may or shall be made to any such Offender or Offenders, or to any the Heir or Heirs of any such Offender or Offenders, or of Misprision of • such Treason, but by and upon the Oaths and Testimony of Two lawful Witnesses, either both of them to the same Overt Act, or one of them to one and the other of them to another Overt 'Act of the same Treason, unless the Party indicted and arraigned or tried shall willingly, without Violence and in open Court, con'fess the same, (or shall stand mute or refuse to plead,) or in cases of High Treason shall peremptorily challenge above the Number of Thirty five of the Jury; provided always, that any $3. • Person or Persons being indicted for any such Treasons or Mis• prisions of such Treasons may be outlawed, and thereby attainted of or for any such Offences of Treason or Misprision of Treason; ‹ and in cases of such High Treasons, when by the Law, after • such Outlawry, the Party outlawed may come and be tried, he • shall upon such Trial have the Benefit of the said Act: And it § 4. is therein further enacted and declared, that if Two or more 'distinct Treasons of divers Heads or Kinds shall be alledged in one Bill of Indictment, one Witness produced to prove one of the said Treasons, and another Witness produced to prove another of the said Treasons, shall not be deemed or taken to 'be Two Witnesses to the same Treason within the Meaning of • the said Act: And Whereas in the same aforesaid Act it is $ 5. 'further enacted, that no Person or Persons whatsoever shall be indicted or prosecuted for any Treason or Misprision of Treason that shall be committed or done within the Kingdom of England, Dominion of Wales, or Town of Berwick-uponTweed, unless the same Indictment be found by a Grand Jury ' within Three Years next after the Treason or Offence done or 'committed: And Whereas the above recited Enactments and • Provisions of the said Act do not extend to that Part of the • United Kingdom called Ireland; and it is expedient, just and ' reasonable that they should be extended to that Part of the ← United Kingdom :' 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 the Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the First Day of January in the Year of our Lord One thousand eight hundred and twenty two, the above recited Enactments and Provisions of the aforesaid Act passed in the Reign of King William, and intituled An Act for regulating of

Trials