CA P. LXIX. 3 G.4. c. 126. $61. 4G.4. c.95. An Act to enable Justices of the Peace for Ridings, Divisions or Sokes, to act as Trustees for repairing and maintaining Turnpike Roads. [17th June 1824.] W HEREAS an Act was passed in the Third Year of the Reign of His present Majesty, intituled An Act to amend the general Laws now in being for regulating Turnpike Roads in that Part of Great Britain called England: And Whereas one other Act was passed in the Fourth Year of the Reign of His said present Majesty, intituled An Act to explain and amend an Act passed in the Third Year of the Reign of His present Majesty, to amend the general Laws now in being for regulating Turnpike Roads in that Part of Great Britain called England; and by the said first recited Act it was amongst other Things enacted, that all His Majesty's Justices of the Peace for the Time being, acting for the County or Counties through which any Turnpike Road now does or hereafter shall pass, shall be added to and joined with the Trustees or Commissioners for making, repairing or maintaining every such Turnpike Road, and shall have all the same Powers and Authorities to all 'Intents and Purposes as if the said Justices had severally been ' named or elected Trustees or Commissioners in or under any • Act or Acts of Parliament under which such Roads shall be made, repaired or maintained: And Whereas it is expedient that His Majesty's Justices of the Peace acting for any Riding, • Division or Soke should also be enabled to act as Trustees for the Repair of Turnpike Roads: May it therefore please Your Majesty that it may be enacted; and 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 Justices acting same, That from and after the passing of this Act all His Mafor Ridings or jesty's Justices of the Peace for the Time being, acting for the County or Counties, Riding or Ridings, Division or Divisions, Soke or Sokes, through any Part of which any Turnpike Road now does or hereafter shall pass, shall have such and the like Powers and Authorities for the making and repairing any such Turnpike Road, and be subject to the same Rules and Regulations, by virtue of or under the said recited Acts, as any of His Majesty's Justices of the Peace acting for any County or Counties. Divisions, &c. through which Roads pass to have like Powers for making and repairing Turnpike Roads as Justices for Counties. WH CA P. LXX. An Act to permit Flour to be substituted for Foreign Wheat no : no Opportunity has as yet occurred, by which the Proprietors of such Foreign Wheat have been able to avail themselves of the Benefit therein intended to them: And Whereas it might enable the Proprietors of such Wheat to effect the Exportation thereof, if they were permitted to take the same out of such Warehouses to be ground into Flour under certain Regulations And Whereas One Barrel of best Fine Wheat Flour, ⚫ weighing One hundred and ninety six Pounds, is equivalent to Five Bushels of Wheat of average Quality:' 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 from and after the passing of this Foreign Wheat Act, it shall be lawful for the Importer or Proprietor of any may be taken Foreign Wheat imported before the said Thirteenth Day of out of WareMay One thousand eight hundred and twenty two, and secured Proprietor's in Warehouse under the Laws in force, to take the same out of giving Bond the Warehouse, upon his giving Bond, with Two sufficient with Condition Sureties, to be approved by the Collector and Comptroller of to return into the Customs, in the penal Sum of Five Pounds for every Quarter of Wheat to be taken out, with Condition to return into such Warehouse, or some other Warehouse in which Foreign Corn may be secured under the Laws in force, within Two Months from the Date of such Bond, an equivalent Quantity of best fine Wheat Flour, computed after the Rate of One hundred and ninety six Pounds of such Flour for every Five Bushels of such Wheat, there to be kept and secured in lieu of such Wheat, subject to the same Rules, Regulations, Restrictions, Penalties and Forfeitures as such Wheat, or as any Foreign Flour imported and secured in Warehouses, under the Laws in force, was or would be subject to. II. And be it further enacted, That One Day at least before any such Wheat shall be taken out of such Warehouse for the Purpose of such Exchange, the Importer or Proprietor thereof shall deliver a Notice in Writing to the principal Officer of the Customs having Charge of such Warehouse, of the Quantity and of the particular Parcel or Parcels of the Wheat (referring to the Importation thereof) intended to be so exchanged for Flour, and of the Name or Description and Situation of the Warehouse in which the equivalent Quantity of Flour is to be deposited, and shall also produce to such Officer a Certificate of the Collector and Comptroller that the Bond hereinbefore required has been given for such Wheat. III. And be it further enacted, That such Bond shall not be discharged until the proper Officers of the Customs shall have ascertained that the Flour so deposited is fine Wheat Flour of the best Quality; and if any Package so deposited, purporting to contain such Flour, shall be found to contain Flour of an inferior Quality, or any other Article than the best fine Wheat Flour, such Package and the Contents thereof shall be forfeited, together with the penal Sum of Five Pounds, secured by such Bond, for every Quarter of the Wheat for which the same was intended to be deposited as an equivalent Quantity of Flour. Y 4 IV. And house on the such Warehouse an equivalent Quantity of Flour in lieu of such Wheat. Notice to be given before such Wheat is taken out. Bond not to be discharged till Officer of Customed the Quality of the Flour. toms has ascertained house to another, under the same Regulations as other ware Foreign Corn IV. And be it further enacted, That it shall be lawful to remove may be removed any Foreign Corn from the Warehouse in which the same shall from one Ware- at any Time be secured, to any other Warehouse, in any Part of the United Kingdom, in which Foreign Corn may be secured upon the Importation thereof, under the like Rules, Regulations and Conditions as other Goods may be removed from one Warehouse to another under the Provisions of an Act passed in the housed Goods. Fourth Year of His present Majesty's Reign, intituled An Act to make more effectual Provision for permitting Goods imported to be secured in Warehouses or other Places, without Payment of Duty on the first Entry thereof. 4 G. 4. c. 24. 48 G.3. c.96. 51 G.3. c.79. 55 G.3. c.46. 56 G.3. c.117. 59 G.3. c. 127. No Order to be made by Visiting Justices, unless the major Part of Justices present concur therein. W CA P. LXXI. An Act to amend several Acts passed for the better Care Powers 6 6 Powers and Authorities by such Acts or any of them, or by this Act, vested in them generally, shall and may be had, made, done and exercised by the major Part of such Justices present at the respective Meetings to be held by virtue of the said recited Acts and this Act, the whole Number present not being less than Three; and all Acts, Orders and Proceedings had, made, done or exercised by or before such Three Visiting Justices shall have the same Force and Effect, and be binding and conclusive on all Parties to all Intents and Purposes whatever, and as fully and effectually as if the same were had, made, done or exercised by or before the major Part of all the said Visiting Justices so appointed. Two Counties have united, &c. II. And Whereas Doubts may arise in Cases where Two Counties may have united, or in Cases where the Justices of the Peace of any County may have united with the Subscribers to any Institution for the Care of Lunatics established by voluntary Contribution, for the Purpose of erecting a Lunatic Asylum, whether the Number of Visiting Justices or Visitors of such Asylum can from time to time be increased;' Be it further In Cases where enacted, That it shall and may be lawful for the Number of Visiting Justices or Visitors of such Asylum, to be increased from the Number of time to time, notwithstanding the Terms of any original AgreeVisiting Jusment between such Counties, or between such Justices of any tices or Visitors County and the Subscribers to any such Institution, due regard may be increasbeing always had in making such Augmentation to the Pro- ed. portion originally established between such Visiting Justices or Visitors as aforesaid; and any such additional Number of Visiting Justices or Visitors as may be agreed on shall be appointed in the same Manner, and by the same Authorities, as Vacancies in the Number of such Visiting Justices or Visitors may be supplied by any Law now in force. III. And be it further enacted, That in any Case in which a Lunatic or dangerous Idiot, whose Settlement, by reason of the Lunacy of such Person, cannot be ascertained, shall be by the Order of Two Justices confined in any Lunatic Asylum, it shall and may be lawful for any Two Justices acting in and for the County in which such Asylum shall be situated, at any Time to examine into the legal Settlement of such Lunatic or dangerous Idiot; and if satisfactory Evidence can be obtained as to such Settlement, it shall and may be lawful for such Justices to adjudge the last legal Settlement of such Lunatic to be in such Parish or Place as may on such Evidence appear to him to be the Place of such legal Settlement; and forthwith to make an Order on the Overseers of the Poor of such Parish or Place to pay such Weekly Sum to the Treasurer of such Asylum as shall have been fixed by the Visiting Justices as a fit Rate for the Maintenance, Medicine, Clothing and Care of Lunatics confined in such Asylum. ÏV. Provided always, and be it further enacted, That if the Overseers of the Poor of any Parish or Place shall feel themselves aggrieved by any such Order as aforesaid, it shall be lawful for them to appeal, at the next General Quarter Sessions of the Peace for the County in which such Lunatic Asylum shall be situated; and the Justices at such Sessions shall hear and deter Two Justices may make an Order on Overseers of LunaaWeekly Main.. tenance. tic's Parish for Appeal to Quarter Sessions. Costs, mine the Matter of such Appeal, as in Cases of Appeals against Orders of Removal, and award such Costs to either Party as to them shall seem just and reasonable; and in case the Settlement of any Lunatic respecting whom such Order shall have been made, shall be then and there determined not to be in the Parish or Place on whom such Order shall have been made, then such Costs shall be paid by the Treasurer of the County or united by whom paid. Counties at whose Expence such Lunatic Asylum shall have been erected. Visiting Justices may fix Weekly Rate for Mainte nance of Insane Persons. Provisions, &c. of Acts re lating to Coun ties, to extend to Ridings, Divisions, &c. 6 < · V. And Whereas it is by the said recited Acts enacted, that the Visiting Justices shall from time to time fix a certain Weekly Rate to be paid for each Person confined in every such Asylum as is authorized by the said recited Acts to be established, which Rate may be sufficient to defray the whole Expence of the Maintenance and Care, Medicines and Clothing requisite for such Person, and the Salaries of the Officers and Attendants: And Whereas it is by the said recited Acts of the Forty eighth and Fifty ninth Years of the Reign of His late Majesty enacted, that the Justices acting for the Division of the County where such Parish for which any Pauper Lunatic has been directed and conveyed to such Lunatic Asylum shall be situated, shall from time to time make Order on the Overseers of such Parish, for the Payment of all reasonable Charges of conveying such poor Person to such Asylum, and for the Weekly Payment to the Treasurer thereof of such Sums as the Visiting Justices of such Asylum shall have fixed: And Whereas it is expedient that better Provision should be made for the Recovery of such Sums;' Be it therefore further enacted, That if the Overseers for the Time being of such Parish, upon whom such Order shall be made, shall for the Space of Twenty Days after due Notice of such Order refuse or neglect to pay the Sums so ordered to be paid, the same shall be recovered by Distress and Sale of the Goods of such Overseers so refusing or neglecting, or of any of them, by Warrant under the Hands and Seals of any Two Justices of any such respective Counties. 6 VI. And be it further enacted, That all Provisions, Directions, Clauses, Matters and Things whatever, in this Act or any of the said recited Acts contained, relating to Counties, shall extend and be construed to extend to all Ridings, Divisions, Cities, Towns, Liberties and Places possessing separate Jurisdictions; and, if relating to Parishes, shall extend and be construed to extend to all Villages, Townships, and Places maintaining their own Poor, as fully and amply as if they were severally and respectively repeated in every such Provision, Direction and Clause, and with relation to any such Matter or Thing. CAP. |