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Maltfters fhall clear Duties

every Fortnight: except when

Security is given for clearing every Four Months.

Penalty on obstructing Officers, 1001.

Day of

E it remembered, That on the

BE

in the Year of our Lord

A. B. was, on the Complaint of C. D. he the faid C. D. then and
there being an Officer of Excife, convicted before us, Two of the
Juftices of the Peace for the County of

for the Riding or Divifion of the County of
or for the City, Liberty, Diftrict, or Town of
as the Cafe fhall happen to be] in the Penalty of
in pursuance of an Act made in the

Year of the Reign of King George the Third, for

[or,

[as the Cafe may be.] Given under our Hands and Seals the Day and Year firft above written.'

XXIII. And whereas the Duties on Malt have been greatly • evaded, and the Revenue confiderably diminished, by indigent and obfcure Perfous who have become Makers of Malt, having fold off their Effects and abfconded before the Duties charged on fuch Perfons refpectively for or in refpect of the Malt by them made, have become payable;' for Remedy whereof be it further enacted, That all and every Maltfter or Maltfters or Maker or Makers of Malt for Sale, fhall within the Space of Fourteen Days next after he, the, or they fhall or ought to have made fuch Entry as is required and directed in and by the faid Act of the Twelfth Year of the Reign of Her late Majesty Queen Anne, pay and clear off all the Duties which fhall have been charged upon, and which fhall remain unpaid from and by fuch Maltster or Maltsters or Maker or Makersof Malt, for or in refpect of any Malt, by him, her, or them made; unless fuch Maltfter or Maltters or Maker or Makers of Malt fhall have given Security, approved of by the Commiffioners of Excife, or the Perfon or Perfons who fall be appointed or employed by them for that Purpose, by Bond in Double the Value of the Duties, which fuch Commiffioners of Excife, or such Person or Perfons as aforefaid, shall judge likely to arife, be charged on and become due from fuch Maltiter or Maltfters or Maker or Makers of Malt, within any Five Months, for the due Payment at the End of every Four Months from and after the Day on which fuch Maltfter or Maltfters or Maker or Makers of Malt fhall or ought to have made fuch Entry as aforefaid, of all fuch Sum and Sums of Money as fhall arife or be charged on and become due from fuch Maltfter or Maltsters or Maker or Makers of Malt; and if any Maltiler or Maltfters or Maker or Makers of Malt, who fhall not have given fuch Security as aforefaid, fhall neglect or refufe to pay and clear off at the End or Expiration of fuch Fourteen Days all fuch Sum and Sums of Money as fhall arife, be charged on, or become due as aforefaid, every fuch Maltfter or Maltiters or Maker or Makers of Malt, fhall for every fuch Offence forfeit Double the Sum of the Duty or Duties whereof the Payment fhall be fo neglected or refufed; any Thing in this or any other Act or Acts of Parliament to the contrary in anywife notwithstanding.

XXIV. And be it further enacted, That if any Perfon or Perfons fhall affault, oppose, moleft, obstruct, or hinder any Officer or Officers of Excife in the due Execution of this Act, or of any of the Powers or Authorities to him or them by this Act given or granted, the Perfon or Perfons fo offending fhall for each and every fuch Offence forfeit and lose the Sum of One hundred Pounds.

XXV. And

of Penalties,

XXV. And be it further enacted, That all Fines, Penalties, and Recovery and Forfeitures by this Act impofed, fhall be fued for, recovered, levied, Application or mitigated, by fuch Ways, Means, or Methods, as any Fine, Penalty, or Forfeiture, may be fued for, recovered, levied, or mitigated, by any Law or Laws of Excife, or by Action of Debt, Bill, Plaint, or Information, in any of His Majefty's Courts of Record at Westminster, or in the Court of Exchequer in Scotland refpectively, and that Ŏne Moiety of every fuch Fine, Penalty, or Forfeiture, fhall be to His Majefty, His Heirs and Succeffors, and the other Moiety to him, her, or them, who fhall inform, difcover, or fue for the fame.

XXVI. And be it further enacted, That all and every the Powers, Directions, Rules, Penalties, Forfeitures, Claufes, Matters and Things which, in and by an Act made in the Twelfth Year of the Reign of His late Majefty King Charles the Second, intituled, An Ad for taking away the Court of Wards and Liveries and Tenures in capite, and by Knights Service and Purveyance, and for fettling a Revenue upon His Majefly in lieu thereof, or by any other Act now in force relating to His Majefty's Revenue of Excife, and established for managing, raifing, levying, collecting, mitigating or recovering, adjudging or afcertaining the Duties thereby granted, or any of them, other than in fuch Cafes for which other Penalties or Provifions are made and preferibed by this Act, fhall be practifed, ufed, and put in Execution in and for the Purposes of this Act as fully and effectually, to all Intents and Purposes, as if all and every the faid Powers, Directions, Rules, Penalties, Forfeitures, Claufes, Matters and Things, were particularly repeated and re-enacted in this prefent A&t.

XXVII. And be it further enacted, That this A&t fhall commence and take effect from and immediately after the Fifth Day of July One thoufand eight hundred and eight.

CA P. LXXV.

An Act for providing fuitable Interment in Church-yards or
Parochial Burying Grounds in England, for fuch dead Human
Bodies as may be caft on Shore from the Sea, in Cafes
of Wreck or otherwife.
[18th June 1808.]
W
THEREAS no Provifion hath yet been made by the Laws
now in force for providing fuitable Interment in Church-yards
'or Parochial Burying Grounds, for fuch dead Human Bodies as may
be caft on Shore from the Sea by Wreck or otherwife, in that Part
of the United Kingdom called England: And whereas it is expedi
'ent that Provifion fhould be made for the decent Interment of fuch
Bodies; May it therefore pleafe Your Majefty that it may be en-
acted; and be it enacted by the King's moft Excellent Majefty, by
and with the Advice and Confent of the Lords Spiritual and Tem-
poral, and Commons, in this prefent Parliament affembled, and by
the Authority of the fame, That from and after the paffing of this
Act, the Churchwarden and Churchwardens, Overfeer and Overfeers
of the Poor for the Time being of the refpective Parishes through-
out England, in which any dead Human Body or dead Human
Bodies fhall be found thrown in or caft on Shore from the Sea, by
Wreck or otherwife, fhall and he and they is and are hereby required,
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upon

Powers of
12 Car. 2.
c. 24. &c.
relating to
Excife, extended

to this Act.

§26.

Commencement of Act 5 July

1808.

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Minifter of the
Parifh fhall

perform the
Funeral

Service, &c.

Reward of 5s.

Notice to Parifh
Officers of

Bodies caft on
Shore.

upon Notice to him or them given that any fuch Body or Bodies are thrown in or caft on Shore by the Sea, and is or are lying within the Bounds of the Parifh for which he or they shall be Churchwarden or Churchwardens, Overfeer or Overfeers of the Poor, to cause the fame to be forthwith removed to fome convenient Place, and with all convenient Speed to caufe fuch Body or Bodies to be decently interred in the Church-yard or Burial Ground of fuch Parish, fo that the Expences attending on fuch Burial do not exceed the Sum which at that Time is allowed in fuch Parish for the Burial of any Perfon or Perfons buried at the Expence of fuch Parish: Provided always, that in cafe any fuch Body or Bodies fhall be thrown in or caft on Shore from the Sea in any Extra-parochial Piace where there is no Churchwarden or Churchwardens, Overfeer or Overseers of the Poor, then and in every such Cafe the Conftable or Headborough of fuch Place fhall, on Notice being given to him that fuch Body or Bodies is or are lying in fuch Extra-parochial Place, forthwith caufe fuch Body or Bodies to be removed to fome convenient Place, and with all convenient Speed cause the fame to be buried in fuch and the like Manner as the Churchwardens and Overseers within England are hereby required to bury fuch Body or Bodies.

II. And be it further enacted, That every Minifter, Parish Clerk, and Sexton of fuch refpective Parishes fhall perform their feveral and refpective Duties in fuch and the like Manner as is customary in other Funerals, and fhall admit of fuch Body or Bodies being interred in fuch Church-yards or Burial Grounds without any improper Lofs of Time, receiving for the fame, by way of Compenfation, fuch and the like Sums as in Cafes of Burials made at the Expence of fuch Parishes.

III. And be it further enacted, That in case any Perfon or Perfons to Perfons giving fhall find any fuch Body or Bodies caft on Shore from the Sea by Wreck or otherwife, and fhall within Six Hours thereafter give Notice thereof to fome one of the Churchwardens or Overseers of the Poor of the Parish for the Time being in which fuch Body or Bodies fhall be found, or to the Constable or Headborough for the Time being, in cafe fuch Body or Bodies fhall be found in any Extraparochial Place, or caufe fuch Notice to be left at his or their laft or ufual Place or Places of Abode, then and in every fuch Cafe fuch Perfon or Perfons fhall receive the Sum of Five Shillings for his, her, or their Trouble, fuch Sum to be forthwith paid to the Perfon or Perfons firft giving fuch Notice only; but nevertheless that no greater Sum than Five Shillings fhall be paid for any One Notice, although there may be a greater Number of fuch Bodies than One.

Penalty of 51. on Perfons finding dead

Bodies and not giving Notice.

IV. Provided always, and be it further enacted, That in cafe any Perfon or Perfons fhall find any fuch Body or Bodies caft on Shore from the Sea by Wreck or otherwife, and fhall not within Six Hours thereafter give Notice to fome one of the Churchwardens or Overfeers of the Poor of the Parish for the Time being in which fuch Body or Bodies fhall be found, or to the Conftable or Headborough for the Time being, in cafe fuch Body or Bodies fhall be found in any Extra-parochial Place, or caufe fuch Notice to be left at his or their laft or ufual Place or Places of Abode, then and in every Cafe fuch Perfon or Perfons fhall for every fuch Offence forfeit and Sum of Five Pounds.

pay

the

V. And

Church

wardens, &c.

V. And be it further enacted, That all neceffary and proper Expences shill Payments, Cofts, Charges, and Expences which fhall be made or in- be paid by curred in or about the Execution of this Act, fhall be made and paid by the Churchwarden or Churchwardens, Overfeer or Overfeers, Constable or Headborough for the Time being of fuch refpective Parishes and Places as aforefaid.

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VI. And, for the Purpose of reimburfing him or them all fuch Payments, Cofts, Charges, and Expences,' be it further enacted, That it shall and may be lawful to and for any one Juftice of the Peace for the County or Place within that Part of the United Kingdom called England, in which any fuch Body or Bodies fhall have been fo removed and buried as aforefaid, by any Writing under his Hand, to order and direct the Treasurer for fuch County to pay fuch Sum or Sums of Money to fuch Churchwarden and Churchwardens, Overfeer and Overseers, Conftable or Headborough, for his or their Cofts and Expences in or about the Execution of this Act (after the fame fhall have been duly verified on Oath) as to the faid Juftice fhall feem reasonable and neceffary; and fuch Treafurer fhall and he is hereby authorized and required forthwith to pay the Sum or Sums of Money fo ordered and directed to be paid to the Perfon or Perfons empowered to receive the fame; and fuch Treasurer fhall be allowed the fame in his Accounts.

VII. Provided always, and be it enacted, That in cafe any fuch Churchwarden or Churchwardens, Overfeeror Overfeers, Conftable or Headborough, fhall refufe or neglect to remove or cause to be removed fuch Body or Bodies from the Sea Shore to fome convenient Place prior to the Interment thereof, for the Space of Twelve Hours after fuch Notice given to him or them, or left in Writing at his or their laft or ufual Place or Places of Abode by any Perfon or Perfons whomfoever, or fhall neglect or refufe to perform the feveral other Duties required of him and them by this Act, then and in every fuch Cafe every fuch Churchwarden or Overfeer, Constable or Headborough, fhall for every fuch Offence forfeit and pay the Sum of Five Pounds.

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Application of

Penalties.

VIII. And be it further enacted, That all Penalties and Forfeitures Recovery and which shall be incurred under this Act, if not paid on Conviction, fhall be levied and recovered by Diftrefs and Sale of the Goods and Chattels of the Offender or Offenders, by Warrant under the Hand and Seal of any Juftice of the Peace for the County or Place where the Offence fhall happen (which Warrant fuch Juftice is hereby empowered to grant on the Confeffion of the Party, or upon the Evidence of any credible Witness upon Oath) and the Surplus of the Money arifing by fuch Diftrefs and Sale fhall be returned on Demand to the Owner of fuch Goods and Chattels, after deducting the Cofts and Charges of making, keeping, and felling the Diftrefs; and fach Penalties and Forfeitures, when recovered, fhall be paid to the Informer or Informers; and in case sufficient Diftrefs fhall not be found, or fuch Penalties and Forfeitures fhall not be paid forthwith, it fhall and may be lawful to and for fuch Juftice, and he is hereby authorized and required, by Warrant under his Hand and Seal, to caufe the Offender or Offenders to be committed to the Common Gaol or Houfe of Correction of fuch County or Place, there to remain without Bail or Mainprize, for any Time not exceeding Two Calendar Months, nor lefs than Fourteen Days, unless fuch Penal

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ties

Form of
Conviction.

Appeal to the

Quarter Seffions.

Proceedings fhall not be quashed

for want of Form.

Penalties, &c.

fhall be paid by

Perfons incurring

the fame, and not by the Parish.

ties and Forfeitures, and all reasonable Charges attending the Recovery thereof, shall be sooner fully paid and fatisfied.

IX. And be it further enacted, That in all Cafes where any Conviction fhall be had for any Offence or Offences committed against this Act or against any Order of Seffions, or any Matter in pursuance of this Act, the Form of Conviction fhall be in the Words or to the Effect following; (that is to fay,)

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One of His of having [as

Majefty's Juftices of the Peace for the
the Offence fhall be] and I the faid
do adjudge him
[or them] to forfeit and pay for the fame the Sum of
Given under my Hand and Seal the Day and Year aforefaid.'

X. Provided always, and be it enacted, That if any Perfon or
Perfons fhall think himfelf, herself, or themfelves aggrieved by any
Judgment or Determination, or by any Matter or Thing done in
purfuance of this Act, fuch Perfon or Perfons may appeal to the
Juftices of the Peace at the first General or Quarter Seffions of the
Peace to be holden for the County or Place (within which the
Matter of Appeal fhall arife) next after the Expiration of One Ca-
lendar Month from the Time fuch Matter of Appeal fhall have
arifen, the Perfon or Perfons appealing having firft given Ten Days
Notice at least of his or their Intention to bring fuch Appeal, and
of the Matter thereof, to the Perfon or Perfons fo appealed againft,
and forthwith after fuch Notice entering into a Recognizance before
fome Juftice of the Peace for fuch County or Place, with fufficient
Sureties conditioned to try fuch Appeal and abide the Order and
Award of the faid Court thereon; and the faid Juftices at fuch Sef-
fions, upon due Proof of fuch Notice and Recognizance having been
given and entered into, are hereby authorized and required to hear
and determine the Matter of fuch Appeal in a fummary Way, and
to make fuch Determination therein, and to award fuch Cofts to
either of the Parties, or otherwife, as they fhall judge proper;
the faid Juftices may if they fee Caufe mitigate any Fine, Penalty, or
Forfeiture, and may alfo order fuch further Satisfaction to be made
to the Party injured as they fhall judge reafonable; and all fuch De-
terminations of the faid Juftices fhall be final, binding, and conclufive
upon all Parties, to all Intents and Purposes whatsoever.

XI. And be it further enacted, That where any Diftress shall be made for any Sum of Money to be levied by virtue of this A&t, the Diftrefs itself fhall not be deemed unlawful, nor the Party or Parties making the fame be deemed a Trefpaffer or Trefpaffers on account of any Defect or Want of Form in the Information, Summons, Convic tion, Warrant of Diftrefs, or other Proceedings relating thereto; nor fhall the Party or Parties diftrained be deemed a Treipaffer or Trefpaffers ab initio, on account of any Irregularity that fhall be afterwards done by the Party or Parties fo diltraining, but the Perfon or Perfons aggrieved by fuch Irregularity, fhall and may recover full Satisfaction for the fpecial Damage in an Action upon the Cafe.

XII. Provided always, and be it further enacted, That all Penalties and Expences attendant thereon, which fhall be incurred under the Provifions of this Act, fhall be paid and borne by the Person

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