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'same had been expended and charged on the said Lands for Works of Drainage executed under the Provisions of the said ⚫ last-mentioned Acts, and should be raised, levied, and recovered by such Persons as the Commissioners of the Treasury should from Time to Time appoint, in the same Manner, and by the like Remedies, and with the like Powers and Authorities, and 'subject to the like Provisions, as by the said last-mentioned Acts is provided for the Recovery of Money for Works of Drainage, in so far as the same might be applicable for the Purposes of the said Act: And whereas no Provision is made by the said recited Act for giving notice of such Awards to the Parties interested therein, or for the Registry of the same, and it is advisable that the said Act should be amended in that and other respects:' 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 in all Copy of any Cases in which the said Commissioners of Public Works in Ireland Award made by shall make or have already made any Award under the Provisions Commissioners of the said Act of the Tenth Year of Her Majesty's Reign, the said Commissioners of Public Works shall cause a Copy of such Award to be transmitted by Post, or in such other Manner as they shall think fit, to the Proprietor or Proprietors, as in the said Act mentioned, of the Lands which shall be the Subject of such Award; and the said Commissioners shall execute a Copy or Award to be Duplicate of every such Award as and for a Memorial thereof for registered. the Purposes of Registry, and forthwith cause such Award to be registered in the Office for the Registry of Deeds in the City of Dublin; and the Registrar of the said Registry Office, his Deputies and Assistants, and other Officers, shall and he and they are hereby required to register every such Award in the same Manner as any Deed or Instrument is registered in the said Office, and to file, retain, and enter such Duplicate or Memorial in the Abstract Books and Indexes of or relating to Deeds and Memorials registered and kept in the said Office; and no Fees whatsoever shall be payable for or in respect to such Registration, anything in any former Act to the contrary notwithstanding.

of Public Works to be sent to

Persons affected by saine.

become charge

II. And be it enacted, That the Lands specified in that Behalf Lands menin every such Award shall, from and after the Registry thereof as tioned in the aforesaid, become and the same are hereby charged with the Award to Amount mentioned in such Award, with Interest thereon at the able, and Award Rate of Three Pounds Ten Shillings per Centum per Annum, such to be conclusive. Interest to be calculated from the Tenth Day of October One thousand eight hundred and forty-seven, and to be payable by half-yearly Instalments on the Days and Times in such Award mentioned; and such Amount and Interest shall have Priority over all Charges affecting the same Lands; and every such Award in respect of the Lands therein specified shall be binding upon all Persons having any Estate or Interest in such Lands, or Lien or Incumbrance thereon; and every such Award shall be conclusive Evidence that all Requisites by the said last-mentioned Act and this Act with respect thereto have been fully complied with; and it shall not be lawful for any Person to question the Validity of such Award of the said Commissioners of Public Works in respect X x 4

of

Award free of
Stamp Duty.
Principal, &c.

may be paid off
within Period
fixed for Re-
payment.

Upon Payment of Amount due

Lands to be released.

Act may be amended, &c.

Infected Sheep exposed for Sale

may be seized

and destroyed, Pens, Hurdles,

together with

&c.

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6

of anything whatsoever done or omitted to be done, or for any other Reason whatsoever.

III. And be it enacted, That no such Award, or Memorial thereof, shall be liable to any Stamp Duty whatever.

IV. And be it enacted, That it shall and may be lawful for the Proprietor for the Time being of the Lands specified in any such Award, at any Time within the Period fixed by such Award for Repayment, to pay off in One Sum the Amount of Principal and Interest charged upon the said Lands, and which may then be due and payable thereout.

V. And be it enacted, That upon Payment of the Sum mentioned in such Award, or such Portion thereof as may from Time to Time be due on Foot thereof, together with the Interest due thereon, and also upon Payment of all Costs, Charges, and Expenses (if any) incurred in proceeding to recover the same, or in relation thereto, the Paymaster of Civil Services in Ireland for the Time being shall and he is hereby required, at the Request of the Party paying the same, to execute a Release of the Lands so charged as aforesaid, at the Cost and Expense of the Party to whom such Release shall be granted.

VI. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this present Session of Parliament.

CA P. CVII.

An Act to prevent, until the First Day of September One
thousand eight hundred and fifty, and to the End of the
then Session of Parliament, the spreading of contagious
or infectious Disorders among Sheep, Cattle, and other
Animals.
[4th September 1848]
WHEREAS a contagious or infectious Disorder, known or
described as the Sheep Pox or Variola Ovina, now prevails
among the Sheep in some Parts of the United Kingdom, and it
is necessary to take Measures to prevent such Disorder from
spreading: Be it therefore enacted by the Queen's most Excel
lent 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 in case any
Sheep or Lambs infected with or labouring under the said Dis
order, or any Disorder of the like Nature, be exposed or offered
for Sale, or be brought or attempted to be brought for the Pur-
pose of being so exposed or offered for Sale, in any Market, Fair,
or other open or public Place where other Animals are commonly
exposed for Sale, then and in any such Case it shall be lawful for
any Clerk or Inspector or other Officer of such Fair or Market,
or for any Constable or Policeman, or for any other Person autho
rized by the Mayor, or by any Two Justices of the Peace having
Jurisdiction in the Place, or for any Person authorized or appointed
by Her Majesty in Council, to seize the same, and to report such
Seizure to the Mayor or any Justice of the Peace having Jurisdic
tion in the Place; and it shall be lawful for such Mayor or Justice
either to restore the same, or to cause the same, together with
any Pens, Hurdles, Troughs, Litter, Hay, Straw, or other Articles

which he may judge likely to have been infected thereby, to be forthwith destroyed or otherwise disposed of in such Manner as he shall deem proper, or as may be directed in manner herein-after provided; and any Person bringing or attempting to bring any Penalty on ParSheep, Lambs, Oxen, Bulls, Cows, Calves, or other horned Cattle, ties exposing into any such Market, Fair, or open or public Place as aforesaid, Cattle for Sale, knowing them knowing such Sheep, Lambs, or Cattle to be infected with or to be diseased. labouring under either of such Disorders as aforesaid, shall, upon Conviction thereof, forfeit and pay for each and every such Offence & Sum not exceeding Twenty Pounds.

II. And be it enacted, That if any Person turn out, keep, or depasture any Sheep or Lambs infected with or labouring under the said Disorder in or upon any Forest, Chase, Wood, Moor, Marsh, Heath, Common, waste Land, open Field, Road Side, or other undivided or uninclosed Land, such Person shall, on Conviction thereof, forfeit and pay any Sum not exceeding Twenty Pounds.

Penalty on Persons depasturing diseased Sheep, &c.

unfit for Human

III. And whereas it is expedient for the Preservation of the Penalty on Per'public Health to make more effectual Provision for preventing sons exposing the Exposure for Sale of any Meat unfit for Human Food: Be for Sale Meat it enacted, That if any Meat unfit for Human Food be exposed Food. or offered for Sale in any Market, Fair, or other open or public Place, it shall be lawful for such Clerks, Inspectors, Constables, Policemen, or other Persons authorized as aforesaid to seize the same, and to report such Seizure to such Mayor or Justice as aforesaid; and such Mayor or Justice may either order the same to be restored, or to be destroyed or otherwise disposed of as aforesaid; and any Person publicly exposing or offering such Meat for Sale shall, upon Conviction, forfeit and pay for each and every such Offence a Sum not exceeding Twenty Pounds.

Removal of
Sheep, &c.;

IV. And for the more effectually preventing the spreading of Privy Council contagious or infectious Disease, be it enacted, That it shall be may make Relawful for the Lords and others of Her Majesty's Privy Council, gulations as to or any Two or more of them, from Time to Time to make such Orders and Regulations as to them may seem necessary for the Purpose of prohibiting or regulating the Removal, to or from such Parts or Places as they may designate in such Order or Orders, of Sheep, Cattle, Horses, Swine, or other Animals, or of Meat, Skins, Hides, Horns, Hoofs, or other Parts of any Ánimals, or of Hay, Straw, Fodder, or other Articles likely to propagate Infection; and also for the Purpose of purifying any Yard, Stable, as to purifying Outhouse, or other Place, or any Waggons, Carts, Carriages, or Yards, Stables, other Vehicles; and also for the Purpose of directing how any posal of Animals Animals dying in a diseased State, or any Animals, Parts of dying in an Animals, or other Things seized under the Provisions of this Act, infected State; are to be disposed of; and also for the Purpose of causing Notices and Notice of to be given of the Appearance of any Disorder among Sheep, Appearance of Cattle, or other Animals, and to make any other Orders or Regu. Disease, &c. lations for the Purpose of giving Effect to the Provisions of this Act, and again to revoke, alter, or vary any such Orders or Regulations; and all Provisions for any of the Purposes aforesaid in any such Order or Orders contained shall have the like Force and Effect as if the same had been inserted in this Act; and all Penalty for Persons offending against the same shall for each and every offending.

Offence

&c., and Dis

Orders, &c. to

be published in

Gazette, and in
Country News-

papers;

and to be laid before Parliament.

Penalty for obstructing Persons in the Execution of this Act.

Penalties to be summarily recovered before

Two Justices.

Offence forfeit and pay any Sum not exceeding Twenty Pounds, or such smaller Sum as the said Lords or others of Her Majesty's Privy Council may in any Case by such Order direct.

V. And be it enacted, That all Orders and Regulations made under the Authority of this Act shall, within Fourteen Days after the issuing thereof, be twice published in the London Gazette; and in case such Orders or Regulations apply to any particular Places or Districts, then the same shall also be twice published, within Fourteen Days as aforesaid, in some Newspaper or Newspapers circulating in the County or Counties within which each of such Places or Districts, or any Part or Parts thereof respec tively, is or are situated.

VI. And be it enacted, That a Copy of every such Order or Orders shall be laid before both Houses of Parliament within Six Weeks after issuing the same, if Parliament be then sitting, and if Parliament be not then sitting, then within Six Weeks after the Commencement of the then next Session of Parliament.

VII. And be it enacted, That in case any Person wilfully obstruct or impede any Person acting under the Authority of this Act, er of any Order or Regulation made in pursuance of this Act, every Person so offending, and all others aiding and assisting therein, shall and may be seized and detained by such Person so acting under the Authority of this Act as aforesaid, or any Person or Persons he may call to his Assistance, until such Offender or Offenders can be conveniently taken before some Justice of the Peace having Jurisdiction in the County or Place wherein such Offence shall be committed, and when convicted before such Justice as aforesaid (who is hereby authorized and required, upon Complaint to him upon Oath, to take cognizance thereof, and to act summarily in the Premises,) shall, in the Discretion of such Justice, forfeit any Sum not exceeding Five Pounds, and in default of Payment thereof shall and may be imprisoned for any Term not exceeding Two Calendar Months, unless the Amount of the Penalty shall have been sooner discharged.

VIII. And be it enacted, That every Penalty or Forfeiture imposed by this Act may be recovered by summary Proceeding before Two Justices; and upon the Exhibition of any Information in Writing before any Justice such Justice shall issue a Summons requiring the Party complained against to appear before Two Jus tices having Jurisdiction, at a Time and Place to be named in such Summons; and every such Summons shall be served on the Party offending, either in Person or by leaving the same with some Inmate at his last or usual Place of Abode; and upon the Appearance of the Party complained against, or in his Absence. after Proof of the Service of such Summons, it shall be lawful for any Two Justices having Jurisdiction to proceed to the bearing of the Complaint; and upon Proof of the Offence, either by the Confession of the Party complained against or upon the Oath of One credible Witness or more, it shall be lawful for such Justices to convict the Offender, and upon such Conviction to adjudge the Offender to pay such Penalty as may seem fit, and not greater than the Penalty or Forfeiture specified in this Act, as well as such Costs attending the Conviction as such Justices shall think fit.

IX. And

IX. And be it enacted, That if forthwith upon any such Adju- Penalties to be dication as aforesaid the Amount of the Penalty or Forfeiture, and levied by Disof such Costs as aforesaid, be not paid, the Amount of such Penalty tress. and Costs shall be levied by Distress, and such Justices, or either

of them, or any other Justice having Jurisdiction as aforesaid, shall issue their or his Warrant of Distress accordingly.

tices may com

to Prison.

X. And be it enacted, That it shall be lawful for any such In default of Justice to order any Offender so convicted as aforesaid to be Distress, Jusdetained and kept in safe Custody until Return can be conveniently mit the Offender made to the Warrant of Distress to be issued for levying such Penalty or Forfeiture and Costs, unless the Offender give sufficient Security, by way of Recognizance or otherwise, to the Satisfaction. of the Justice, for his Appearance before him on the Day appointed for such Return, such Day being not more than Eight Days from the Time of taking such Security; but if before issuing such Warrant of Distress it shall appear to the Justice, by the Admision of the Offender or otherwise, that no sufficient Distress can be had within the Jurisdiction of such Justice whereon to levy such Penalty or Forfeiture and Costs, he may, if he think fit, refrain from issuing such Warrant of Distress; and in such Case, or if such Warrant shall have been issued, and upon the Return thereof such Insufficiency as aforesaid shall be made to appear to the Justice, then such Justice shall by Warrant cause such Offender to be committed to Gaol, there to remain without Bail for my Term not exceeding Three Months, unless such Penalty or Forfeiture and Costs be sooner paid and satisfied.

XI. And be it enacted, That where in this Act any Sum of Distress, how Money, whether in the Nature of Penalty or otherwise, is directed to be levied. to be levied by Distress, such Sum of Money shall be levied by Distress and Sale of the Goods and Chattels of the Party liable to pay the same; and the Overplus arising from the Sale of such Goods and Chattels, after satisfying such Sum of Money, and the Expenses of the Distress and Sale, shall be returned, on Demand, to the Party whose Goods shall have been distrained.

Want of Form.

XII. And be it enacted, That no Distress levied by virtue of Distress not this Act shall be deemed unlawful, nor shall any Party making the unlawful for same be deemed a Trespasser, on account of any Defect or Want of Form in the Summons, Conviction, Warrant of Distress, or other Proceedings relating thereto, nor shall such Party be deemed a Trespasser ab initio on account of any Irregularity afterwards committed by him, but all Persons aggrieved by such Defect or Irregularity may recover full Satisfaction for the special Damage in an Action upon the Case.

XIII. And be it enacted, That all Penalties and Forfeitures Application of recovered under this Act shall be applied as follows; one Half Penalties. thereof shall be paid to the Person who shall sue or proceed for the same, and the other Half to Her Majesty's Use, and shall be paid to the Sheriffs of the County, City, or Town where the same shall have been imposed, and shall have been duly accounted for by him;

and that all Convictions before Justices, and all Fines, Convictions to Forfeitures, or Penalties imposed in consequence of such Convic- be returned to tions, shall be returned to the Court of Quarter Sessions, under the Quarter SesProvisions of an Act passed in the Third Year of His late Majesty King George the Fourth, intituled An Act for the more

speedy

sions under
3 G. 4. c. 46.

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