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be shipped, and examine the same, or as many thereof as he shall of them and deem necessary, to ascertain that the Sizes thereof correspond with certify the Shipthe Shipping Notice; and such Officer of Customs having seen the ment and De
benture then said Bricks, or as many of them as the Vessel may be capable of
to be granted. receiving, duly taken account of and shipped, shall certify such Shipment, with the Number of Bricks shipped and the Sizes thereof, on the said Shipping Notice, and shall return the same to the Export Officer of Excise, or Officer acting as such ; and such Export or other Officer, having received back the said Notice with the said Certificate thereon, shall deliver to the Exporter or his Agent a Debenture for the Payment, in Six Weeks from the Time of Shipment, of the Amount of Drawback on the Number of Bricks shipped according to the Certificate of the Officer of Customs: Provided always, that in case the whole Quantity of Bricks of which Notice shall have been given shall not be shipped, so that a less Amount of Drawback will be payable than stated in the Shipping Notice, the Officer of Excise who shall have received the Bond shall, in the Margin thereof or by Indorsement thereon, state the real Amount of Drawback to be payable, and in such Case Treble the Amount of such real Drawback shall be the Penalty of the Bond.
XXII. Provided always, and be it enacted, That no Debenture As to granting for the Payment of Drawback on any Bricks removed to Ireland, Debenture on or exported to Guernsey, Jersey, Alderney, or the Isle of Man, Shipments to shall be paid, until a Certificate shall be produced of the due Ireland, &c. landing thereof under the Hand of the Chief Officer of Customs of the
Port in Ireland or of the said Islands respectively. XXII. And be it enacted, That no Drawback shall be allowed Drawback not or payable on any Bricks having the Word “ Drain " stamped or to be allowed moulded thereon, or on any Bricks which shall not be sound and on broken
Bricks, &c. unbroken, and well and perfectly made and manufactured, and worth at least the Duties of Excise charged thereon if sold for Home Consumption.
XXIV. And be it enacted, That every Person who shall pro- Penalty on duce to any Officer of Excise or Customs to be shipped for Re- fraudulently moval to Ireland, or Exportation on Drawback, any Bricks not
to obtain Draw entitled to Drawback under the Provisions of this Act, or who back. shall ship for Removal to Ireland or Exportation on Drawback any such Bricks, or who shall fraudulently deposit or remove any Bricks, or use any Device or Contrivance with Intent unduly to obtain any Drawback, or any higher Amount of Drawback than he would otherwise be entitled to, shall, over and above all other Penalties which he may thereby incur, forfeit Treble the Amount of the Drawback sought to be obtained, or One hundred Pounds, at the Election of the Commissioners of Excise; and all such Bricks shall be forfeited, and may be seized by any Officer of Excise or Customs.
XXV. And be it enacted, That this Act shall commence and take Commencement effect from and after the Twenty-second Day of August One thou- of Act. sand eight hundred and thirty-nine.
XXVI. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed in this present Session of amended, &c. Parliament.
CA P. XXV.
[19th July 1839.]
HEREAS by an Act passed in the First and Second Years 1 & 2 Vict. c. 44.
of Her Majesty's Reign, intituled An Act to consolidate
were re-enacted and continued by the said recited Act, and
amongst others a Duty of One Pound Ten Shillings for every • Hundred Weight of Spread Window Glass, commonly called or • known as Broad Glass, and so in proportion for any greater or « less Quantity, and also another Duty of Three Pounds Thirteen • Shillings and Sixpence for every Hundred Weight of Crown • Glass and German Sheet Glass, and so in proportion for any
greater or less Quantity: And whereas Doubts have arisen ' whether the said Duty of One Pound Ten Shillings should be
charged on any other Glass than such as was commonly known as Broad Glass before the passing of the said recited Act, and • it is expedient to remove such Doubts, in order to prevent other * than such Broad Glass being charged at the said Duty, and ex
ported when cut up at a higher Rate of Drawback than the same would be entitled to according to the Duty paid :' Be it therefore declared and enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords
Spiritual and Temporal, and Commons, in this present Parliament Mode of charg- assembled, and by the Authority of the same, That the said Duty ing Duty on of One Pound Ten Shillings per Hundred Weight shall apply to certain Sort of and be charged and payable only on Broad or Spread Glass; and
that no Glass shall be deemed or taken to be Broad or Spread
CA P. XXVI.
[19th July 1839.]
HEREAS it is expedient to take Measures for the good
Government of the Island of Jamaica : And whereas the • House of General Assembly of the said Island, by an Address to • the Governor thereof, on the Second Day of November One
thousand eight hundred and thirty-eight, stated, that for the • Reasons therein set forth they had come to the Determination • to abstain from the Exercise of any Legislative Functions, ex'cept such as might be necessary to preserve inviolate the Faith • of the Island with the Public Creditor, until they shall be left to • the free Exercise of their inherent Rights as British Subjects : . And whereas the Legislature of the said Island, having been
prorogued, did subsequently meet on the Third Day of Novem.ber One thousand eight hundred and thirty-eight, and the House of General Assembly, on the said Third Day of November declared their Adherence to such their former Determination : And ' whereas the House of Assembly of the said Island having been
dissolved, the Legislature thereof did subsequently meet on the • Eighteenth Day of December One thousand eight hundred and * thirty-eight, and the newly-elected House of General Assembly, on the Twentieth Day of the Month of December aforesaid, declared their Adherence to the Determination aforesaid of the preceding House of General Assembly, whereupon the Governor • of the said Island prorogued the said House of General Assembly,
and has continued the same under Prorogation: And whereas • several temporary Laws of the said Island have been suffered to • expire, some of which ought without Delay to be revived or re. enacted: And whereas it is necessary that Provision should be * made by Parliament for the Purpose aforesaid:' Be it therefore enacted by the Queen'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 from and after the Expiration of After Expira. Two Calendar Months from the Time of the said House of tion of Two General Assembly being assembled by the Governor, it shall be Months from lawful for the Governor of the said Island of Jamaica, with the the Time of
the House of Advice and Consent of the Council, by any Law or Ordinance to General Asbe made by them for that Purpose, to revive and continue in sembly being force, or to re-enact, in whole or in part, all or any of the Laws assembled, the of the said Island which shall have expired since the Second Day Governor and
Council may of November One thousand eight hundred and thirty-eight, and
revive expired which shall not have been before then revived or continued in
Laws; force or re-enacted by any Acts or Act of the Governor, Council, and Assembly of the said Island; and every such Law, when so revived or re-enacted as aforesaid, shall have the same Force and Authority as if the same had been continued, revived, or reenacted by an Act of the Governor, Council, and Assembly of this said Island: Provided always, that no such expired Laws shall by such Ordinance as aforesaid be continued in force beyond the Thirty-first Day of December One thousand eight hundred and forty : Provided also, that it shall be lawful for Her Majesty, with the Advice of Her Privy Council, to disallow any Ordinance so to be made for the Purpose aforesaid, in such and the same Manner as Her Majesty in Council may disallow any Act of the Governor, Council, and Assembly of the said Island : Provided also, that a copy of any Ordinance which shall be made in pursuance of this Act shall be laid before both Houses of Parliament.
II. And be it enacted, That it shall be lawful for the Governor, and alter any Council, and Assembly of the said Island, by any Act to be passed Ordinances
for under this Act. and
Who shall be deemed the Governor.
for that Purpose, to repeal or alter any Ordinance which shall be made in pursuance of this Act.
III. And be it declared and enacted, That, for the Purposes within the Meaning of this Act, the Officer for the Time being administering the Government of Jamaica shall be deemed and taken to be the Governor thereof.
IV. And be it enacted, That this Act may be amended or repealed by any Act to be passed during the present Session of Parliament.
Act may be amended, &c.
CA P. XXVII. An Act for regulating the Proceedings in the Borough Courts of England and Wales.
[19th July 1839.] W VHEREAS great Difficulty has been found in framing legal
and convenient Rules for regulating the Practice of • Borough Courts under the Authority given for that Purpose by
an Act passed in the Session holden in the Fifth and Sixth Years
of the Reign of His late Majesty King William the Fourth, in5&6 W.4. c.76.
• tituled An Act to provide for the Regulation of Municipal Corpo' rations in England and Wales, and by an Act passed in the
• Session holden in the Sixth and Seventh Years of the same 6 & 7 W. 4. Reign, intituled An Act for the better Administration of Justice c. 105.
' in certain Boroughs; and it is expedient that the Power to make • Rules for regulating the Proceedings of such Courts, subject • to the Approbation and Confirmation of the Judges of the • Superior Courts of Common Law at Westminster, should be ex• plained and in some respects enlarged:' Be it therefore enacted by the Queen'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 Judges of the same, That in every Borough named in the Schedules A. Courts of and B. to the first herein-before mentioned Act annexed, in which Record in Bo- by Charter, Custom, or otherwise, there is or ought to be holden roughs em- a Court of Record for the Trial of Civil Actions, every Judge of powered to
such Court shall have Authority to make, alter, and revoke such make, &c. Rules for regulating
Rules for appointing the Times of holding such Court, for rethe said Courts. gulating the Forms and Manner of proceeding, the Process, Ap
pearance, Practice, and Pleadings in such Court, and for settling the reasonable Fces of the Attornies of the Court for Business transacted therein, as shall from Time to Time seem to him necessary and proper for expediting the Business of such Court
with most Convenience, and at the smallest reasonable Expence: Such Rules to Provided always, that no such Rules, or any Order revoking or be confirmed by altering such Rules, shall be of any Force until they shall have Three Judges. been allowed and confirmed by Three of the Judges of the Supe
rior Courts of Common Law at Westminster. Courts to be II. Provided also, and be it enacted, That every such Court held Four shall be holden for the Trial of Issues of Fact and of Law Four Times yearly. Times at least in each Year, and with no greater Interval be
tween the holding of any Two successive Courts than Four Ca
lendar Months. Personal Ac- III. And be it further enacted, That from and after the First tions to be by of September next all personal Actions brought in the Borough Summons. 5
Courts of England and Wales shall be commenced by Writ of
IV. And be it enacted, That this Act may be amended or re- Act may be pealed by any Act to be passed in this present Session of amended, &c. Parliament.
CA P. XXVIII. An Act for more equally assessing and levying Watch Rates in certain Boroughs.
[19th July 1839.] W THEREAS by reason of the Restrictions contained in an
Act passed in the Sixth Year of the Reign of His late • Majesty, intituled An Act to provide for the Regulation of Muni- 5&6 W.4. c.76.
cipal Corporations in England and Wales, the Watch Rate
authorized by the said Act to be levied upon those Parts of the • Boroughs within the Provisions of the said Act which are re' gularly watched is insufficient for that Purpose, and the Defi
ciency in many cases is paid out of the Borough Rate, to which rall Parts of the Borough, whether or not regularly watched, are • liable :' For Remedy thereof be it enacted by the Queen'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 after Watch Rate the passing of this Act it shall be lawful for the Council of any may be levied Borough named in either of the Schedules
to the said Act to levy Gd. in the a Watch Rate upon the Occupiers of all Messuages, Lands, Tene
Pound, or in ments, and Hereditaments within those Parts of the Borough certain Cases ' which shall be watched by Day and by Night, and which from the Averago Time to Time, by any Order of the Council of
such Borough, Rate. shall be declared liable to such Watch Rate ; and every such Rate shall be made upon an Estimate of the net annual Value of the several Hereditaments rated thereunto, that is to say, of the Rent at which, one Year with another, the same might in their actual State be reasonably expected to let from Year to Year, the probable annual Average Cost of the Repairs, Insurances, and other Expences (if any) necessary to maintain the Hereditaments in their actual State, and all Rates, Taxes, and public Charges, except Tithes or Tithe Commutation Rent-charges (if any), being paid by the Tenant, and either by One Rate made yearly, or by Two or more Rates made half-yearly, or otherwise: Provided always, that no such Rate shall exceed, in any One Year, the Rate of Sixpence in the Pound on the net annual Value of the Hereditaments rated thereunto, unless in those Boroughs in which, at the Time of passing the said Act, the Sum authorized by the said Act to be levied by way of Watch Rate exceeded the Sum which might have been then raised by the said Rate of Sixpence in the Pound; and in such Cases as last aforesaid it shall be lawful to levy a Watch Rate under this Act upon all the Hereditaments liable thereunto, at such Rate as would have sufficed to raise such greater Sum: Provided also, that nothing herein contained shall be construed to extend to either of the Universities, so as to make the Members thereof liable to pay to any Rate to be made in pursuance of this Act to which the said Universities or the Members thereof were not liable to contribute before the passing of this Act, nor shall be