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such Person shall be convicted shall adjudge; or such Person shall be liable, in case the said Court shall think fit, to be imprisoned and kept to hard Labour in the Common Gaol, Penitentiary House or House of Correction, for any Time not exceeding Seven Years.

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WH

CA P. XLI.

An Act for giving greater Facility in the Prosecution and Abatement of Nuisances arising from Furnaces used and in the working of Steam Engines. [28th May 1821.] HEREAS great Inconvenience has arisen, and a great Degree of Injury has been and is now sustained by His Majesty's Subjects in various Parts of the United Empire, from the improper Construction as well as from the negligent Use of Furnaces employed in the working of Engines by Steam: And • Whereas by Law every such Nuisance, being of a public Nature, is abateable as such by Indictment; but the Expence attending the Prosecution thereof has deterred Parties suffering thereby 'from seeking the Remedy given by Law :' 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 it shall and may be lawful for the Court by which Court may Judgment ought to be pronounced in case of Conviction on any award Costs. such Indictment, to award such Costs as shall be deemed proper and reasonable to the Prosecutor or Prosecutors, to be paid by the Party or Parties so convicted as aforesaid, such Award to be made either before or at the Time of pronouncing final Judgment, as to the Court may seem fit.

II. And be it further enacted, That if it shall appear to the Court by which Judgment ought to be pronounced in case of Conviction on any such Indictment, that the Grievance may be remedied by altering the Construction of the Furnace so employed in the working of Engines by Steam, it shall be lawful to the Court, without the Consent of the Prosecutor, to make such Order touching the Premises as shall be by the said Court thought expedient for preventing the Nuisance in future, before passing final Sentence upon the Defendant or Defendants so convicted.

III. Provided always, and be it enacted, That the Provisions of this Act, as far as they relate to the Payment of Costs and the Alteration of Furnaces, shall not extend or be construed to extend to the Owners or Proprietors or Occupiers of any Furnaces of Steam Engines erected solely for the Purpose of working Mines of different Descriptions, or employed solely in the smelting of Qres and Minerals, or in the manufacturing of the Produce of such Ores or Minerals on or immediately adjoining the Premises. where they are raised.

Court may make Order for preventing the

Nuisance.

Proviso for Owners of Furnaces erected solely for Mines, &c. working of

IV. And be it further enacted, That this Act shall commence Commenceand take effect from and after the First Day of September One ment of Act. thousand eight hundred and twenty-one.

CAP.

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Reduced Adju

tant to receive

4s. per Day till

March 24.

1822.

CA P. XLII.

An Act to defray the Charge of the Pay, Clothing and con-
tingent Expences of the Disembodied Militia in Great
Britain; and to grant Allowances in certain Cases to
Subaltern Officers, Adjutants, Quartermasters, Surgeons,
Surgeons' Mates and Serjeant Majors of Militia, until the
Twenty fifth Day of March One thousand eight hundred
and twenty two.
[28th May 1821.]

[This Act is the same as 1 G. 4. c. 86. except as to Dates and
the Sections that are here retained.]

XXI. AND be it further enacted, That in case any Regiment, Battalion or Corps of Militia shall have already ceased and determined or been reduced in its Establishment or shall cease and determine or be reduced in its Establishment during the Continuance of this Act, the Sum of Four Shillings per Diem shall be paid to such Person as has actually served as Adjutant to such Regiment, Battalion or Corps, from the Twenty fifth Day of March One thousand eight hundred and twenty one, or from the Time such Regiment shall cease and determine or be reduced in its Establishment, as the case may be, to the Twenty fourth Day of March One thousand eight hundred and twenty two: Provided always, that no Person shall be entitled to receive such Allowance as aforesaid, who shall hold any Military Office or Employment of Profit under His Majesty, or any Civil Office or Employment under His Majesty, the annual Profits and Emoluments of which shall exceed Three Times the Amount of the said Right to Half Allowance of Four Shillings a Day; but no such reduced Adjutant Pay. shall lose any Right he may have to Half Pay of the Navy, Army, Marines or Provisional Battalion formed from the Militia, by reason of receiving such Allowance as last aforesaid, but shall be entitled to receive such Half Pay as well as such Allowance.

Reduced Adjutants may take

such Allowance with any Pay or other Allowance to which

they may be entitled.

XXIII. And be it further enacted, That every reduced Adjutant entitled to any Allowance granted under the said Act of the Thirty ninth and Fortieth Year aforesaid, and continued by any subsequent Acts or by this Act, may receive and take such Allowance, together with any Full Pay, Half Pay or Allowance which was tenable, together with such reduced Allowance under the Provisions of an Act passed in the Twenty sixth Year of 26 G. 3. c.107. the Reign of His late Majesty, intituled An Act for amending and reducing into one Act of Parliament the Laws relating to the Militia in that Part of Great Britain called England, or under the Provisions of the aforesaid Acts of the Thirty ninth and Fortieth Years of the Reign of His late Majesty: Provided always, that no such reduced Adjutant shall be entitled to receive Allowance under this Act during the Time he shall hold any Military Office of Profit under His Majesty other than such as aforesaid, or any Civil Office or Employment under His Majesty, the annual Profits and Emoluments of which shall exceed Three Times the Amount of such reduced Allowance.

Proviso.

any

CAP.

CA P. XLIII.

An Act to defray, until the 25th Day of June One thousand
eight hundred and twenty two, the Charge of the Pay and
Clothing of the Militia of Ireland; and for making Allow-
ances to Officers and Quartermasters of the said Militia
during Peace.
[28th May 1821.]

[This Act is the same as 1 G. 4. c. 96. except as to Dates and
the Sections that are here retained.]

WHEREAS it is necessary that Provisions should be made

&c. where Mi

for defraying the Charge of the Pay and Clothing of the Militia in that Part of the United Kingdom called Ireland; 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 for every County, County Four Months' of a City or Town, in Ireland, where the Militia is or shall be Pay in Advance raised, there shall be issued and paid, out of the Produce of the for each County, Consolidated Fund arising in Ireland, the whole Sums required, litia is raised. in the Manner and for the several Uses hereinafter mentioned; (that is to say,) for the Pay of the said Militia, at the Rate of Rates of Pay. Eight Shillings per Day for each Adjutant, and at the Rate of Six Shillings per Day for each Paymaster and Surgeon respectively, where an Adjutant, Paymaster or Surgeon is appointed; and at the Rate of Five Shillings per Day for each Quartermaster, where a Quartermaster is appointed; and at the Rate of One Shilling and Ten Pence per Day for each Serjeant Major and Quartermaster Serjeant resident at the Head Quarters of the Regiment, Battalion or Corps where a Serjeant Major and Quartermaster Serjeant are appointed; and at the Rate of One Shilling and Sixpence per Day for each Serjeant so resident as aforesaid ; and at the Rate of One Shilling per Day for each Drummer so resident as aforesaid, with the Addition of Sixpence per Day for each Drum Major, where a Drum Major is appointed; and at the Rate of One Shilling per Day for each Fifer so resident as aforesaid; and at the Rate of One Shilling and Two Pence per Day for cach Corporal so resident as aforesaid: And also at the Rate of Contingent Three Pence per Month for each Private Man and Drummer, Expences. for defraying the contingent Expences of each Regiment and Battalion of Militia: And also for the Clothing of the Militia for Clothing. such County, after the Rate of Four Pounds Fourteen Shillings and Ten Pence for each Serjeant Major and Quartermaster Serjeant, Three Pounds Nine Shillings and Eight Pence for each Serjeant, Two Pounds One Shilling and Ten Pence for each Corporal, Four Pounds Six Shillings and Seven Pence for each Drum Major, and Three Pounds Five Shillings and Two Pence for each Drummer, when such Serjeant Majors, Quartermaster Serjeants, Drum Majors, Serjeants, Drummers and Corporals have not been clothed within Two Years; and with respect to the Private Militia Men, at the Rate of Two Pounds One Shilling and Four Pence for each Private Militia Man, when such Private Militia Men have not been clothed within Four Years: Provided always, that where

any

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Rates of Pay when on Furlough.

Colonel to cer

tify to Treasury Days of Exer

cise, &c. and Vice Treasurer

to pay the Sums herein specified.

Continuance of Act,

Lord Chancellor, Master of the Rolls, Judges and Masters in

Chancery, in Ireland; incapable of sit.

any Serjeant Major, Drum Major, Serjeant, Corporal or Drummer shall be absent on Furlough or Licence, such Serjeant Major, Drum Major, Serjeant, Corporal or Drummer shall during such Absence receive the Rates of Pay following; (that is to say,) every Serjeant Major the Sum of One Shilling and Four Pence, every Drum Major the Sum of One Shilling, every Serjeant the Sum of One Shilling, every Corporal the Sum of Eight Pence, and every Drummer the Sum of Sixpence per Day respectively, and no more; and it shall be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland for the time being, to direct that any such Pay shall be from time to time issued for any Period not exceeding Four Months from the time when such Advances shall be made.

V. And be it further enacted, That whenever the Governor or Governors, or Deputy Governors, at a General Meeting to be held for any County, County of a City or Town, in Ireland, shall have fixed the Days of Exercise for the Militia, the Colonel or Commanding Officer shall, as soon as may be, certify the same to the Lord Lieutenant or other Chief Governor or Governors of Ireland, or his or their Chief Secretary for the time being, and to the Commissioners of His Majesty's Treasury of the United Kingdom of Great Britain and Ireland, specifying the Number of Men, and the Number of Days such Men are to be absent from Home on account of such Exercise, not exceeding in the whole Twenty eight Days; and the Vice Treasurer for Ireland is hereby required, within Fourteen Days after the Receipt of a Warrant thereon from the Lord Lieutenant or other Chief Governor or Governors of Ireland for the time being, to cause to be issued and paid, out of the growing Produce of the Consolidated Fund of Ireland, at the Rate of Ten Shillings per Day for the Captain of each Company, at the Rate of Five Shillings and Eight Pence per Day for each Lieutenant, and of Four Shillings and Eight Pence per Day for each Ensign, at the Rate of Seven Shillings and Sixpence per Day for each Assistant Surgeon, and also at the Rate of One Shilling per Day for each Private Militia Man, for any Number of Days not exceeding Twenty eight, during which such Men shall be absent from Home on account of their Attendance at such Place of annual Exercise.

XXXI. And be it further enacted, That this Act shall continue in force until the Twenty fifth Day of June One thousand eight hundred and twenty two.

CAP. XLIV.

An Act to exclude Persons holding certain Judicial Offices in Ireland, from being Members of the House of Commons. [28th May 1821.]

W

HEREAS it is expedient that Persons holding certain Judicial Offices hereinafter mentioned should be rendered incapable of being Members of the House of Commons, during the time they hold the said Offices respectively;' Therefore 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

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Commons.

Authority of the same, That from and after the passing of this ting in the Act, no Person holding the Office of Lord Chancellor in Ireland, House of Master of the Rolls in Ireland, or being One of the Twelve Judges of the Courts of King's Bench, Common Pleas and Exchequer in Ireland, or being a Master in Chancery in Ireland, shall be capable of being elected, or of sitting or voting as a Member of the House of Commons.

II. And be it further enacted by the Authority aforesaid, That Persons disif any Person, hereby declared to be incapable to sit or vote in abled sitting. the House of Commons, shall nevertheless be returned as a Member to serve in Parliament for any County, Stewartry, City, Borough, Town, Cinque Port or Place, such Election and Return are hereby enacted and declared to be void to all Intents and Purposes whatsoever; and if any Person, disabled and declared incapable by this Act to be elected, shall after the passing of this Act presume to sit or vote as a Member of the House of Commons, such Person so sitting and voting shall forfeit the Sum of Penalty. Five hundred Pounds for every Day in which he shall sit or vote in the said House of Commons, to such Person or Persons who shall sue for the same in any of His Majesty's Courts at Westminster; and the Money so forfeited shall be recovered by the Persons so suing, with full Costs of Suit, in any of the said Courts, by Action of Debt, Bill, Plaint or Information, in which no Essoign, Privilege, Protection or Wager of Law shall be allowed, and only One Imparlance; and shall from thenceforth be incapable of taking, holding or enjoying any Office of Honour or Profit under His Majesty, His Heirs and Successors.

III. Provided always, and be it further enacted by the Authority aforesaid, That nothing in this Act contained shall extend or be construed to extend to make void any Election had before the passing of this Act, or to disable from sitting and voting in the said House of Commons, or subject to any Penalty or Forfeiture whatsoever, any Person elected to serve as a Member in the said House before the passing of this Act.

CA P. XLV.

An Act to amend an Act of the Forty sixth Year of the
Reign of His late Majesty King George the Third, for
consolidating and rendering more effectual the several Acts
for the Purchase of Buildings, and further Improvement of
the Street and Places near to Westminster Hall and the Two
Houses of Parliament.
[8th June 1821.]

Proviso for Election had before passing

of Act.

W HEREAS by an Act passed in the Forty sixth Year of 46 G. 3. c. 89.

the Reign of His late Majesty King George the Third, §3. 'intituled An Act for consolidating and rendering more effectual the several Acts for the Purchase of Buildings, and further Improve'ment of the Streets and Places near to Westminster Hall and the "Two Houses of Parliament, the Commissioners thereby appointed were authorized and empowered to purchase, for the Purposes of that Act, all the Ground, Buildings, Houses and Premises whatever, situate within certain Limits thereby defined, and "were also authorized and empowered, with the Consent and Ap1 & 2 GEO. IV. 'probation

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