| |
MUNICIPAL CORPORATIONS ACT 1761
|
| |
CHAPTER XVII.
|
| |
An Act for reviving, continuing, and amending several temporary Statutes, and for other purposes therein mentioned.
|
| |
*******
|
|
|
Original lessees answerable for under tenants;
on suit next assizes or sessions, like remedy to immediate lessees against under tenants, on suit next assizes or sessions after,
or at 2d assises, &c. after the burning, if original lessor sues not, or, if so near that process not served in time, at assises, &c. following.
|
>III. (a
) And whereas by the said last recited act, (b
) the original lessors, where the soil or surface is burned or permitted to be burned by the occupiers of the land, and not by the original lessees, have found great difficulties in suing for and recovering the penalty given by the said act: be it enacted by the authority aforesaid, That in all cases whatsoever, whether the soil or surface shall be burned or permitted to be burned by the original lessee or lessees, or by the occupier or occupiers of such land, and where the original lessor is not consenting to such burning, that the original lessor shall be intitled to recover the penalty given by the said act from his immediate lessee or lessees, who shall be answerable for the acts of his or their under-tenants, and for the acts of the occupiers of such land: provided such original lessor or lessors shall commence his or their suit for the recovery of the said penalty at such next assizes or quarter-sessions, as in the said act is expressed: and such immediate lessee or lessees shall and may have the like remedy over against his under-tenants or the occupiers of such land, so offending, and shall and may recover against them, or any of them so offending: provided that such suit be commenced at the next assizes or quarter sessions, after such original lessor shall have so obtained a decree against such his immediate lessee or lessees: and in case the original lessor shall not sue for the said penalty at the next assizes or quarter sessions as mentioned in the said act, then it shall and may be lawful for the immediate lessor or lessors of the occupiers of the land, who shall burn, or permit to be burned the soil or surface of any land, to sue for and recover from such occupier or occupiers the said penalty: provided such suit be commenced at the second assizes or quarter sessions, after the said land shall be so, burned, and that the said assizes or quarter sessions shall not be so near, that a process cannot be served time enough for that purpose; and in such cases the suit shall be commenced at the next immediate assizes or sessions following.
|
|
|
Ridges left unburned or intermixed with parts burned, surveyed and deemed as burned, as to the penalty on offender.
|
>IV. And whereas to evade the said penalty, and to render the surveying of such lands, so burned, difficult and expensive, the persons so offending often leave narrow ridges or paths unburned, intermixed with the paths so burned; by means whereof landlords have been deterred from suing for the said penalty: for remedy whereof be it further enacted and declared by the authority aforesaid, That all such ridges or paths, so left unburned or intermixed with the parts so burned, shall and may be surveyed in one common survey with the other part or parts, that shall be so burned, and that they shall and may be deemed and considered as part of the land so burned, so far as to subject the person or persons, so offending, to the penalty in the said act mentioned, equally as if no such ridges or paths had been so left unburned.
|
|
|
Penalty proportioned to quantity burned, tho’ under 1 English statute acre.
|
>V. And whereas a doubt hath arisen, whether the penalty for burning the soil or surface as aforesaid was recoverable under the said act, where the quantity of the soil or surface, so burned, was not a full English statute acre: be it enacted by the authority aforesaid, That the penalty on the person or persons, so offending, shall be proportioned to the quantity burnt, though it be under one English statute acre.
|
| |
*******
|
|
|
No issue concerning tolls or customs of a corporation shall be tried by jury thereof, but of indifferent county by the court appointed.
|
>X. And whereas it is very difficult, as the law now stands, to obtain impartial tryals in cities, in cases where the right to tolls, duties, or customs, claimed by the respective corporations of such cities, come in question: be it enacted by the authority aforesaid, That no issue shall hereafter be tried by a jury of any city in any action or suit concerning any tolls, duties, or customs, claimed by the corporation of such city; but every such issue shall be tried by a jury of an indifferent county, to be appointed by the court in which such action or suit shall depend.
|
| |
******
|
|
|
Corporations.
Oaths required by several charters; altered by 11 & 12 G. 3. c. 19. s. 13.
Officers and members, tho’ sworn, yet liable to prosecution by the not observing requisites at swearing:
persons duly elected into office or franchise in corporations not ousted or prosecuted on objection to the swearing, if the legal oaths in fact taken;
deemed legal members; and acts valid, as if sworn pursuant to directions of charters.
|
>XXI. And whereas by the charters of several boroughs and corporations in this kingdom certain oaths are required to be taken by the several officers and members of such boroughs and corporations in the presence of, and to be administered by, the persons in such charters respectively mentioned: and whereas several officers and members of such boroughs and corporations, though they have been duly elected, and though they have taken the several oaths required by the said respective charters, are nevertheless subject to prosecutions, by reason that the several requisites, directed by the said charters, have not been observed at the swearing of such officers and members: for remedy whereof, and for the more effectual quieting such corporations, be it enacted by the authority aforesaid, That no person, who hath been duly elected into any such office or franchise, shall hereafter be ousted out of any such office or franchise, in any ways sued, molested, or prosecuted, for or upon account of any objection, which shall or may be taken to the swearing such officers or members, provided that such officers and members shall in fact have taken the oaths required by law: and such officers and members shall be deemed legal officers and members of such boroughs and corporations; and all corporate acts, which have been done by them, shall have the same force and effect, as if such officers and members had been respectively sworn pursuant to the directions of the said respective charters.
|
| |
********
|
|
|
Toll.
Unreasonable toll exacted in corporations,
chief magistrate shall every market-day for a month after Michaelmas hang up in the market-house a schedule of corporation duties, and tolls,
penalty 10l. next assises by civil bill to prosecutor.
|
>XXV. And whereas great abuses have prevailed in cities and towns corporate in this kingdom by the exacting of several unreasonable and excessive tolls of corn, grain, and other goods and merchandizes, not warranted by law, charter, or usage; for remedy whereof be it enacted by the authority aforesaid, That the mayor or other chief magistrate of every city and town corporate shall cause a schedule of the duties, tolls, or customs, claimed by the corporation of such city or town-corporate, to be hung up in some conspicuous part of the market-house or market-houses of such city or town corporate on every market-day for one month next ensuing every Michaelmas-day; and in case of neglect so to do such mayor or other chief magistrate shall for every such neglect forfeit a penalty of ten pounds sterling, to be recovered in a summary way by civil bill at the next assizes by any person or persons, who shall sue for the same.
|
|
|
If other toll exacted,
penalty 5l. to the party, by civil bill.
|
>XXVI. And be it further enacted by the authority aforesaid, That if any officer of any corporation, farmer of tolls, or toll-gatherer, shall exact from or compel any person or persons to pay any duty, toll, custom, or perquisite, not mentioned or comprized in such schedule, to be hung up as aforesaid, such officer, farmer of tolls, or toll-gatherer, shall for every such offence forfeit the sum of five pounds sterling; to be recovered by civil bill at the next assizes by any person, from whom any unlawful duty, toll, custom, or perquisite, shall be so exacted.
|
|
|
Linen manufacture retarded by want of fuel: Fuel shall pass toll-free through cities and towns.
|
>XXVII. And whereas the progress of the linen manufacture has been in many places retarded by a scarcity of fuel: be it enacted by the authority aforesaid, That all turf, furze, and timber in faggots, for fuel, shall pass into and through every city and town free from all toll, custom, or perquisite whatsoever, claimed by any officer or member of such city or town.
|
| |
*******
|
| |
[(a)Sections 2—5 of this Act, so far as they refer to the relation of landlord and tenant, but not otherwise, are repealed by 23 & 24 Vict. c. 154. s. 104. Section 2 is repealed absolutely by the Stat. Law Rev. (I.) Act, 1879.]
[(b)23 Geo. 2. c. 8. (I.) The omitted section (2) of this act continues the recited Act in part.] |
