ready money, or if the person selling the same shall otherwise have been paid or satisfied for the value or price thereof, it shall be lawful for the person who shall have paid or satisfied such value or price, within twelve calendar months after payment or satisfaction made, to recover back from the seller of such commodities the amount of the value or price of such commodities, to be sued for and recovered by action of debt or on the case in any of his Majesty's courts of record.

Penalty on

counterfeiting request notes, or fraudulently procuring or altering perapplying or misusing them, feiture of the

mits, or mis

5001, and for

XIII. AND be it further enacted, that every person who shall forge or counterfeit any request note for a permit, or shall forge or counterfeit or make forging or use of the name of any trader entitled to obtain permits, for the purpose of falsely and fraudulently obtaining a permit, or shall utter or produce any forged, false, or untrue request note to any officer of excise, for the purpose of falsely and fraudulently obtaining a permit; and every person who shall insert in any request note the name of, or shall obtain a permit to, any fictitious person, as the person to whom the goods or commodities mentioned in such request note or permit are to be sent; and every person who shall fraudulently goods. alter, erase, or obliterate any permit, or any part thereof, after the same shall have been granted by the proper officer of excise, or shall knowingly or willingly give an altered, erased, obliterated, false, or untrue permit; and every person who shall knowingly or willingly accept or receive any altered, erased, obliterated, false, or untrue permit with or for any commodities; and every person who, having obtained a permit, shall remove or send or deliver, or cause or procure or suffer to be removed, sent, or delivered, the commodities specified in any such permit to any other person than the person to whom the said permit shall permit the said commodities to be sent, or shall remove or send with such permit any other commodities than the commodities specified and described therein and thereby permitted to be removed, or any greater or lesser quantity of such commodities; and every person who shall request, obtain, sell, lend, deliver, employ, or make use of any permit, or shall procure or suffer any permit to be requested, obtained, sold, lent, delivered, or employed or made use of, for any other use or purpose whatsoever than to accompany the actual removal and delivery of the commodities as therein expressed, or shall produce, or cause or suffer to be produced, any such permit to any officer of excise as having been received with any commodities other than as aforesaid, or shall in any manner knowingly or willingly use or employ, or cause or suffer to be used or employed, any permit, so as that any account of any stock or of any commodities kept or checked or to be kept or checked by any officer of excise by such permit shall or may be frustrated or evaded; shall for every such offence severally forfeit the sum of five hundred pounds; and all commodities removing or removed with any such permit in any of the cases aforesaid shall be forfeited, and may be seized by any officer of excise.

Where goods the casks, &c. are forfeited,

same, and the

XIV. AND be it further enacted, that where any commodities shall be forfeited and liable to be seized for being or having been sent, removed, carried, delivered, or received without a proper permit accompanying or having containing the accompanied the same, or for any misuse of a permit, or breach of any regulation relating to permits, all casks, jars, bottles, and other vessels, cases, boxes, sacks, bags, and all and every package and covering whatsoever, in which such goods shall be found, and every horse and other beast or cattle, and every them, shall also carriage, waggon, cart, vessel, boat, or other conveyance, used or employed or

horses and conveyance

used in the removal of

be forfeited.

Punishment

of officer delivering out blank or false permits, &c.

Regulations for private

ing permits.

which shall have been used or employed in carrying, removing, or conveying such goods and commodities, shall also be forfeited, and may be seized.

XV. AND be it further enacted, that every officer of excise who shall deliver out or suffer to be delivered out any paper prepared or provided or appointed by the commissioners of excise to be used for permits in blank, or before such permit shall be filled up and issued agreeable to and in conformity with a request note; and every officer who shall knowingly give or grant any permit to any person not entitled to receive the same, or shall knowingly give or grant any false or untrue permit, or shall make any false or untrue entry in the counterpart of any permit given or granted by him, or shall knowingly or willingly receive or take any goods or commodities into the stock of any person or persons brought in with any false or untrue or fraudulent permit, or shall knowingly or willingly grant any permit for the removal of any goods or commodities out of or from the stock of any person or persons who shall have received or retained such goods or commodities, or any of them, under or by virtue or pretext of any false, untrue, forged, or fraudulent permit, or shall knowingly or willingly give any false credit in the stock of any person or persons beyond the credit to which such stock is justly and truly entitled, so as to enable such person or persons falsely and fraudulently to obtain a permit or permits; or if any such officer shall knowingly or willingly suffer the same to be done directly or indirectly; every officer so offending in any of the cases aforesaid shall be guilty of a misdemeanor, and on conviction shall suffer such punishment by fine and imprisonment, or fine or imprisonment, as the court shall award; and every officer so convicted shall from thenceforth be incapable of holding any office or place in or relating to any of the revenues of the United Kingdom.

XVI. AND be it further enacted, that where any person, not being a trader persons obtain- duly entered and licensed and under the survey of the excise, shall have occasion to remove from any one part of the United Kingdom to any other part thereof any goods or commodities for the removal of which a permit is or shall be by any law or laws of excise required, it shall be lawful for the officer authorized to grant permits in the place from whence such commodities are intended to be removed, on such person, or his, her, or their known servant or servants, declaring, to the satisfaction of the commissioners of excise or of the collector or supervisor of excise of the collection or district in which the place from whence such commodities are intended to be removed is situate, that all the duties for such commodities have, to the best of the knowledge and belief of the person proving the same, been fully paid, and in case such commodities are intended to be sent in and delivered to any other person than the person requiring the permit, then on a further declaration that the said goods or commodities have not been sold or disposed of to such other person, upon a request note sent and delivered to such officer so authorized to grant permits, to give and grant a permit or permits for the removal of such commodities.

Penalty on false declaration.

Goods seized

for breach of excise laws

XVII. AND be it further enacted, that if any such declaration made by any person for the purpose of obtaining a permit for the removal of any goods or commodities shall be false or untrue in any particular or respect, the person knowingly making the same shall forfeit one hundred pounds.

XVIII. AND be it further enacted, that if any commodities for the removal of which a permit is or shall be required shall be seized for any breach or

shall be conwithstanding a permit may have been produced, unless proof is made

demned, not

that the duties

have been paid,

violation of any of the laws of excise, such commodities shall be condemned and adjudged forfeited, notwithstanding that the claimant shall prove that a permit was produced when such commodities were removing and conveying, or that a permit was produced after such commodities were removed and received, unless the claimant shall also prove in such case that the commodities so seized are duty-paid, or the sale of such commodities had by reason of or in consequence of a forfeiture and condemnation thereof, or that the same had been received &c. with a true and lawful permit from the stock of the trader duly authorized to obtain a permit for such goods; and if on the trial of any information, action, Proof of idensuit, or other proceeding at law brought for the recovery of any penalty or the tity of goods condemnation of any commodities, or against any officer of excise for the seizure of any commodities, any question shall arise whether any commodities for the conveyance or protection of which any permit shall be produced or shall be alleged to have been obtained are the identical commodities described and specified in such permit, proof of such commodities being really and bonâ fide the commodities mentioned and specified in such permit shall lie upon the owner or claimer thereof, or the person from whom the same shall have been seized, as such owner or claimer or person shall be party to the suit, either as defendant or plaintiff.

described in

permit.

permit with

request note to

be evidence.

XIX. AND be it further enacted, that whenever on the trial of any informa- Counterpart of tion, suit, or action, other proceeding at law, it may be necessary to prove the issuing of any permit or the contents thereof, the counterpart of such permit, together with the request note, may in all cases be admitted as evidence and proof that such permit was granted and issued, and of the contents thereof, according to the purport of such counterpart and request note, without producing or requiring the production of the original permit; and it shall not be necessary to prove any order of the commissioners of excise appointing or directing the form of any such permit or of any counterpart thereof respectively.

.

visions of

XX. AND be it further enacted, that. all and every General proprovision in any Act or Acts relating to the excise contained for regulating excise Acts the general form and issuing of permits for the removal and conveyance of as to permits exciseable commodities, for which similar provision is in and by this Act made, shall be and the same is and are hereby repealed.

repealed.

to permits in Acts regulating particular trades not to

be affected.

XXI. PROVIDED always, and be it further enacted, that nothing in this Act Provisions as shall be construed to alter, repeal, or vary any Act by which a permit is required for the removal or conveyance of any particular goods or commodities, or any enactments, provisions, regulations, or restrictions in any such Act or Acts contained relating to the manufacturers, dealers in or retailers of such goods or commodities, or the survey or keeping the stocks thereof, or to the traders entitled to receive or obtain permits, or the number or permits to be taken out or obtained by such traders, or the quantities of goods or commodities for which and the restrictions and provisions under which permits are to be obtained, or to the delivery of permits to the officers of excise by persons receiving the same, or the credits to which such persons shall be entitled in respect of permits; but all and every such Act and Acts relating to the particular trade or business in and to the particular goods and commodities for which a permit is or shall be required shall, together with all enactments, clauses, penalties, forfeitures, provisions, restrictions, and regu

VOL. VII.

B

lations therein, with all powers and authorities to any officer or officers to examine permits, or stop or examine and seize any goods or commodities for the removal whereof a permit is by any such Act or Acts required, or any persons removing such goods, shall remain in full force and effect.

Irish Acts herein-after recited repealed.

4 Ann. c. 8.

6 Geo. 1. c. 2.

31 Geo. 2. c. 15.

CHAPTER XXI.

AN ACT to repeal several Acts of the Parliament of Ireland imposing Restrictions upon the Coal Trade, and to regulate the same..

[24th March 1832.]

WHEREAS by certain Acts of the Parliament of Ireland provisions were

66

66

made subjecting the trade in coals in the cities of Dublin and Cork to divers restrictions, but the same having been found inconvenient in practice, several statutes have been from time to time made suspending or controlling the operation of such provisions: And whereas it is expedient that such restrictions should be altogether removed, and that the said trade in coals should be freed from all unnecessary restrictions and vexatious impediments: 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 Act the several Acts and parts of Acts passed in the Parliament of Ireland, herein-after mentioned, shall, except as herein-after excepted and provided for, cease and determine and be repealed; (that is to say,) so much of an Act passed in the fourth year of the reign of Queen Anne, intituled "An Act to regulate the taking and exacting of tolls throughout this "kingdom, and to prevent the engrossing of coals in the city of Dublin," as in any way relates to coals; an Act passed in the sixth year of the reign of King George the First, intituled "An Act for the more effectual preventing the engrossing and regrating of coals in this kingdom"; an Act passed in the first year of the reign of 1 Geo. 2. c. 21. King George the Second, intituled "An Act for preventing combinations to enhance "the prices, and for avoiding exactions and abuses formerly practised in the sale and measure of coals"; an Act passed in the thirty-first year of the reign of King George the Second, intituled "An Act to prevent unlawful combinations to raise the "price of coals in the city of Dublin"; an Act passed in the first year of the reign of King George the Third, intituled "An Act to prevent the excessive price of coals' in "the city of Dublin"; so much of an Act passed in the third year of the reign of King George the Third, intituled "An Act for continuing and amending certain "statutes heretofore made for the better regulation of the city of Cork, and for enlarging the salary of the treasurer, and for the better regulating the sale of coals "in the said city, and for other purposes," as in any way relates to the coal trade of the said city of Cork; an Act passed in the third year of the reign of King George the 3 Geo. 3. c. 27. Third, intituled "An Act to continue and amend an Act to prevent the excessive price of coals in the city of Dublin"; and an Act passed in the thirty-third year of the reign of King George the Third, intituled "An Act to prevent the excessive price "of coals in the city of Dublin, and for encouraging the storing thereof"; and the said several herein-before recited Acts and parts of Acts, and all Acts and parts of Acts continuing, reviving, or perpetuating the same, so far as relates to such continuation, revival, or perpetuation, are hereby repealed accordingly; save and except so far as the said Acts or parts of Acts respectively, or any of them, may repeal the whole or any part of any other Act or Acts; save and except so far as the said Acts or any of them impose or continue the duty of one shilling per ton on coals and culm imported, landed, or discharged within the city of Cork or county of the said city; and save and except as to offences committed and punishments awarded, and other matters and things done and performed, under the authority of the said Acts or any of them, at any time before the commencement of this Act, which shall be dealt with, considered, and punished as if this Act had not passed. [Rep., Stat. Law Rev. Act, 1874.J

1 Geo. 3. c. 10.

3 Geo. 3. c. 17.

33 Geo. 3. c. 40.

66

66

coals.

omission.

II. AND be it further enacted, that on a conspicuous place of every ship, A board shall be placed on lighter, or vessel in which coals shall be publicly offered for sale in any port, vessels for sale harbour, or river in Ireland, there shall be affixed a board or label, on which of coals in any port, harbour, there shall be legibly painted, printed, or written the reputed name or com- or river demonly received denomination or description of such coals, and the port or scribing the place from which such coals have been brought, and the price at which such coals are offered for sale; and in default of such board or label being affixed Penalty for pursuant to the provisions herein-before made, or if the name, denomination, or description of such coals, or the place of port whence the same may have been brought, shall be falsely stated in any such board or label, then and in every such case the master or owner of such ship, lighter, or vessel shall, for every instance of coals sold in contravention of this Act, whether upon the same or different days, upon conviction thereof upon oath before any justice of the peace of the county, city, or place wherein such offence shall be committed, forfeit and pay the sum of five pounds, to be given to the houses of industry in Dublin or Cork, if the offence be therein committed, or to the infirmary or hospital of the same county, county of a city, or county of a town in which such offence shall be committed, in case the same be committed elsewhere than in the two said cities; and that in case any fine or penalty be not paid immediately on conviction, it shall be lawful for the justice of the peace before whom such conviction shall have been made to commit the offender to gaol, there to remain without bail or mainprize for any time not exceeding two months nor less than fifteen days, or until the fine be paid.

shall be deemed

III. AND be it enacted, that for the purposes of this Act any offence com- Where offences mitted in violation thereof in any harbour, port, or river, or within five miles to have been thereof, shall be deemed and considered as committed within any county, committed. county of a city, or county of a town containing or contiguous to such harbour, port, or river.

IV. AND be it further enacted, that nothing herein contained shall extend Saving of to repeal or in any way alter or affect any power or authority now by law rights. vested in any corporate or other body, or any person or persons, at or previous to the commencement of this Act.

ment of li

V. PROVIDED always, and be it further enacted, that no porter, carman, The employmeter, or weighmaster, howsoever licensed or appointed, shall, under any pre- censed porters, text whatever, interfere in or meddle with the sale, measurement, weighing, meters, &c. to be optional. delivery, or storage of coals, save upon the request and by desire of the buyer or seller thereof; nor shall any person sue for, demand, or take any fee, payment, or reward whatsoever, under pretext of being so licensed or appointed, save when and so far as he may be employed by such buyer or seller as aforesaid; and that it shall and may be lawful to employ, for the weighing, Any persons measuring, loading, or carriage of coals, any other person or persons whatever, may be employed to and to make with such other person or persons any private or special agree- weigh, &c. ment for his or their wages or hire, any law, statute, or usage to the contrary notwithstanding: Provided always, that nothing in this Act contained shall Saving of be held to bar or affect any right or claim which any meter or weighmaster or to compensaother person may have or make to any compensation or remuneration for or tion. by reason of the loss of any fee or reward to which he or they may have been entitled before the passing of this Act.

coals.

rights of meters