Boundaries of thereby to appoint any Person or Persons, not exceeding Three New Forest, &c. in Number, to be Commissioners for the Purposes of this Act, and to authorize and empower the said Commissioners so to be appointed, or any One or more of them, to inquire into and ascertain the Boundaries of the said Forests called the New Forest and Waltham Forest respectively, and of the Lands of Her Majesty's Subjects within the same, and to inquire of any Purprestures, Encroachments, or Trespasses on the Soil of Her Majesty within the said Forests respectively, and by whom and when made, and how occupied, and whether any and what unlawful Inclosures have been made, and are now continued, within the Regard of the said Forests respectively, whereby the Forestal Rights and Interests of Her Majesty have been in any and what respect diminished, abridged, or otherwise prejudiced, and whether any and what Lands lying within the Bounds of the said Forests respectively are quit and free of the Regard thereof respectively, or within and subject to the Regard thereof, or subject to any and what Forestal or other Rights of Her Majesty ; and also to inquire whether any and what Person or Persons claim any and what Rights of Common of Pasture, Fuel, Turbary, Fern, or other Rights or Interests in, upon, or over the said Forests, and whether in respect of any and what particular Lands or otherwise such Rights or Interests are claimed, and how and by whom such Rights or Claims have hitherto been exercised or enjoyed; also to inquire whether Her Majesty is entitled to any and what Rents or other Payments or Acknowledgments for or in respect of any of such Rights or Claims; and also to inquire into the Origin, Nature, Extent, and Particulars, and probable Value, of the Claims of Her Majesty's Subjects in, to, upon, or over the said Forests respectively, and to receive and deliberate upon any Offers or Proposals which may be made for commuting, surren dering, or extinguishing all or any of such Claims; and to inquire into the Nature, Constitution, Powers, Jurisdiction, and Practice of any Forest Court heretofore held within the said Forests respectively, and the Sufficiency or Insufficiency thereof for the Purposes for which such Courts were constituted, and as to the Expediency of re-modelling or abolishing the said Courts, and as to the Expediency of creating and forming any extra-parochial Portions of the said Forests respectively into One or more Parish or Parishes, or adding the same to any existing Parish or Parishes, and generally to carry on and prosecute such other Inquiries as shall in the Judgment of the said Commissioner or Commissioners tend to enable them to make Reports upon the Premises as herein-after directed; and the said Commissioner or Commissioners so to be appointed as aforesaid are hereby empowered, as regards his or their Inquiries in relation to the New Forest, to sit at such convenient Time and Place within the County of Southampton, and as regards his or their Inquiries in relation to Waltham Forest, to sit at such convenient Time and Place, within the County of Essex, as he or they shall appoint, and then and there, by the Testimony of Witnesses upon Oath or solemn Affirmation (which Oath or Affirmation any One of the said Commissioners is hereby authorized and empowered to administer), and by the Inspection and Examination of Records, Deeds, Deeds, Muniments, and Writings, or by any other legal Proof or II. And be it enacted, That it shall be lawful for the Com- Power to Trea. missioners of Her Majesty's Treasury to direct such Sum as they sury to direct in their Discretion shall think fit, not exceeding Five hundred of the Commis Payment of One Pounds per Annum, to be paid out of the accruing Income of the sioners, and Woods and Forests of the Crown to any One of the Commissioners Expenses under appointed to carry this Act into execution, as a Remuneration for this Act. his Services therein, and also such further Sums as they may think fit for the Remuneration of a Clerk to such Commissioners, and for defraying the necessary Expenses to be incurred by the said Commissioners in conducting the Inquiry as herein directed. III. And be it enacted, That the said Commissioner or Com- Commissioners missioners so to be appointed, before they shall be capable of to make a Deacting in the Execution of this Act, shall severally make and claration before subscribe a solemn Declaration before a Justice of the Peace in the Words or to the Effect following; that is to say, A.B. do solemnly declare, That I will faithfully, impartially, and honestly, according to the best of my Skill and Judgment, execute the several Powers reposed in me by an Act of the Twelfth and Thirteenth Year of the Reign of Her Majesty 'Queen Victoria [here insert the Title of this Act], according to the Tenor and Purport of the said Act.' IV. And be it enacted, That it shall be lawful for the said Commissioners to call before them at any of their public Meetings any Person or Persons, either to give Evidence or to produce any Records or other Documents in his, her, or their Possession, Custody, or Power, not relating to his or her private Estate or to the private Estate of any other Person or Persons, and which the said Commissioners shall think necessary or proper to be examined for the Purposes of any of the Inquiries directed by this Act, or by the Commission or Commissions to be issued as aforesaid; and any Person (being duly summoned), and after Tender of his reasonable Expenses in that Behalf, refusing or omitting to appear or to give Evidence, or to produce such Records or Documents, without reasonable Excuse for such Refusal or Omission, shall forfeit any Sum not exceeding Ten Pounds nor less than Forty Shillings, to be recovered and applied in manner herein-after directed. V. And to the intent that no Person may have any just Cause or Pretence for not appearing before, the said Commissioners at their Meetings to be held for the Purpose of carrying this Act into execution, be it enacted, That the said Commissioners shall give public Notice of the Time and Place of every intended Meeting, by Publication of such Notice Fourteen Days at least before such Meeting in one of the public Newspapers usually published or circulated in the County of Southampton as regards the New Forest, and in the County of Essex as regards Waltham Forest, when and where any Person having any Rights or Claims within the said Forests respectively may be at liberty to attend and lay the same before the said Commissioners: Provided always, that acting. Power to Com take Evidence and call for Records, &c. missioners to Public Notice of Meetings to be given. the Meetings may be appointed by any One or more of the Commissioners. shall be returned into Office of Woods, &c. the said Commissioners may from Time to Time adjourn their Meeting to any future Day and to any Place within the said Counties respectively, without giving any public Notice thereof in any Newspaper: Provided always, that the Place of Meeting, as respects Inquiries relating to the New Forest, shall be at some convenient Place in or in the immediate Vicinity of the New Forest, and as respects Inquiries relating to Waltham Forest shall be at some convenient Place in or in the immediate Vicinity of Waltham Forest. VI. And be it enacted, That it shall be lawful for Her Majesty, by the Commission or Commissions to be issued as aforesaid, to authorize and empower any One or more of the said Commissioners to hold Meetings for the Purpose of carrying this Act into execution, and to do, exercise, and perform all such Acts, Powers, Matters, and Things as in and by this Act, or the Commission or Commissions to be issued in pursuance thereof, are or shall be directed or authorized to be done. Proceedings of VII. And be it enacted, That any One or more of the said ComCommissioners missioners acting under such Commission as aforesaid shall cause to be entered in all his or their Inquiries, Examinations, and Proceedings to be Books, which fairly entered in Books to be kept for that Purpose, one Set of Books being appropriated to the Inquiries and Proceedings relating to the New Forest, and another Set of Books being appropriated to the Inquiries and Proceedings relating to Waltham Forest, which Books, duly signed and certified by the said Commissioners, shall be returned into the Office of the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, there to remain and be kept. Recovery of Application of VIII. And be it enacted, That all Fines and Penalties imposed by this Act may be recovered in a summary Way before any Justice or Justices of the Peace for the County, Riding, Division, or Place in which the Person having incurred the same shall happen to be, and in case any Penalty or Fine recovered before any Justice or Justices of the Peace in pursuance of this Act shall not be paid forthwith, it shall be lawful for the Justice or Justices by whom such Fine shall be set or imposed or before whom such Penalty shall be recovered, by Warrant under his Hand and Seal or their Hands and Seals, and directed by such Justice or Justices to any Constable or other Peace Officer, to cause such Fine or Penalty to be levied by Distress and Sale of the Offender's Goods and Chattels, together with all Costs and Charges attending such Distress and Sale, and in case no sufficient Distress can be had or made, such Justice or Justices shall, if they shall think proper, commit the Offender to the Common Gaol for or some House of Correction within the said County, Riding, Division, City, Town, or Place as aforesaid, there to remain not exceeding Two Calendar Months. IX. And be it enacted, That all Penalties recovered and all Fines imposed by virtue or in pursuance of this Act shall be by the Justice or Justices receiving the same forthwith paid over to the Commissioners for the Time being of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, and be applied in or towards defraying the Expenses attending the Execution of this Act. As to Appoint ment of new Commissioners. X. And be it enacted, That the said Commissioner or Commis- Commissioners sioners shall, at such Time or Times and in such Manner and to report to Form as may in that Behalf be directed by any such Commission Treasury. or Commissions as aforesaid, report to the Lord High Treasurer or Commissioners of Her Majesty's Treasury for the Time being the Result and full Particulars of their Inquiries into the several Matters aforesaid, with his or their Opinion or Opinions thereon. XI. And be it enacted, That in case any Commissioner to be appointed as aforesaid shall die, or be removed or become incapable to act, before the Duties of the said Commission shall be fully performed, then, and so often as the same shall happen, it shall be lawful for Her Majesty to appoint any other Person or Persons to be a Commissioner or Commissioners in the Place of the Commissioner who shall have died, been removed, or become incapable to act; and the surviving or continuing Commissioner or Commissioners (if any) and the Commissioner or Commissioners appointed as last aforesaid, or any One or more of them, shall proceed in the Discharge of the Duties imposed by this Act or by the Commission or Commissions to be issued in pursuance thereof, or the Commissioner or Commissioners to be first appointed, in the same or the like Manner, and with the same Powers and Authorities, in all respects, as such Commissioner or Commissioners might have done in case such Death, Removal, or becoming incapable to act had not taken place. XII. And be it enacted, That this Act shall be deemed a Public Act. Public Act, and shall be judicially taken notice of as such by all Judges, Justices, and others. CA P. LXXXII. An Act to relieve Boroughs, in certain Cases, from Contri- W held in the Fifth and Sixth Years of the Reign of His Majesty King William the Fourth, intituled An Act to provide 5&6 W.4.c.76, for the Regulation of Municipal Corporations in England and Wales, it was enacted, that within Ten Days after the Grant of a separate Court of Quarter Sessions of the Peace to any Borough, the Council of such Borough should send a Copy of such Grant, sealed with the Seal of the Borough, to the Clerk ' of the Peace of the County in which such Borough or any Part 'thereof was situated; and after the Grant of such Court to any 'Borough it should not be lawful for the Justices of the Peace of any County wherein such Borough or Part of such Borough 'was situate to assess any Messuages, Lands, Tenements, or 'Hereditaments within such Borough to any County Rate thereafter to be made, but every Part of every such Borough should 'thenceforward be wholly freed and discharged from contributing, ' otherwise than was therein-after provided, to any Rate or Assess'ment of any kind of and for the County in which any Part of 'such Borough was situated; and it was thereby further enacted, that the Treasurer of every County in England and Wales should keep an Account of all Sums of Money received in aid 2&3 W. 4. c. 64. 5 & 6 Vict. c. 98. 8 & 9 Vict. c. 126. or on account of the County Rate, and of the Sum of Money expended out of the County Rate for other Purposes than the 'Costs arising out of the Prosecution, Maintenance, and Punishment, Conveyance and Transport, of Offenders committed for Trial in such County, and, in case of Boroughs having a separate Court of Quarter Sessions of the Peace, other than out of 'Coroners Inquests, and should not more than twice a Year send a Copy of such Account to the Council of every Borough situate 'within such County in which a separate Court of Quarter Sessions of the Peace should be holden, and which before the passing of the Act, intituled An Act to settle and describe the Divisions of Counties, and the Limits of Cities and Boroughs, in England ' and Wales, so far as respects the Election of Members to serve in Parliament, was chargeable with or liable to contribute in whole or in part to the County Rate of such County, and should 'make an Order on the Council of every such Borough for the 'Payment of such Proportion of such Sum as would have been 'chargeable, after deducting all Sums of Money received in aid of the County Rate as aforesaid, if the said Act had not passed, upon such Borough as the same should be bounded according to the Provisions of the said Act; and the Council of such Borough should forthwith order the same, with all reasonable Charges of making and sending the said Account, to be paid to the Treasurer of such County out of the Borough Fund: And whereas by an Act passed in the Session of Parliament held in the Fifth and Sixth Years of the Reign of Her present Majesty, and 'intituled An Act to amend the Laws concerning Prisons, it is required that in every Borough in which there is or shall be a Body Corporate of Mayor, Aldermen, and Burgesses under the 'Provisions of the said firstly herein-before recited Act, and to 'which a separate Court of Sessions of the Peace hath been or 'shall be granted, there shall be One Gaol and at least One House ' of Correction, (except only where such Contracts as in the said 'Act mentioned have or shall have been entered into by the said Mayor, Aldermen, and Burgesses, and shall be subsisting, for the Maintenance of Prisoners committed from such Borough,) and every such Gaol and House of Correction is to be provided and maintained by and at the Cost of the same Borough: And whereas it is just and expedient that every such Borough having, or providing and maintaining, at its separate Cost, such Gaol and House of Correction, should be exempted from paying or contributing to the Costs also of providing or erecting and maintaining any new Gaol for the County in which the same is situate, except only as is herein-after excepted: And whereas it is also just and expedient that every such Borough having, or providing and maintaining, either alone or jointly with other Parties, any sufficient Asylum or Asylums for the Reception and Maintenance of its Pauper Lunatics according to the Pro'visions of an Act passed in the Session of Parliament held in 'the Eighth and Ninth Years of Her present Majesty, intituled 'An Act to amend the Laws for the Provision and Regulation of Pauper Lunatic Asylums for Counties and Boroughs, and for the Maintenance and Care of Pauper Lunatics in England, should be exempted from paying or contributing to the Costs 6 6 6 |