Justice of the Peace or other Magistrate; and thereupon it shall XVI. And be it further enacted, That if any Licence to deal in or sell or to keep Gunpowder shall be made use of for procuring Gunpowder for the Use of any other Person than the Person named in such Licence, or if any Gunpowder bought in the Name of any Person so licensed shall, with the Knowledge of such Person, be carried, brought, or delivered to any other than the Person so licensed, the Person so licensed shall forfeit the Sum of Two hundred Pounds, and the Licence before granted to such Person shall be void. Makers shall return Account of their Stock, &c. to Chief Secretary; and keep Accounts of Sales, &c., and Stock exato be inspected, mined, under his Orders. XVII. And be it further enacted, That every Maker or Manu- Gunpowder facturer of Gunpowder, and every Person dealing as a Factor or Agent in selling the same, in Ireland, shall, within Thirty Days after the Commencement of this Act, return an Account to the Chief Secretary of the Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being, or, in his Absence, to the Under Secretary, of all the Stock of Gunpowder in his or her Possession, describing the Place or Places where the same shall be kept, and the Packages containing the same, and shall verify such Return by Affidavit at the Foot of such Return, to be sworn before any Magistrate, and shall provide a Book in which such Quantity shall be entered; and shall from time to time in the first Week of every Calendar Month, and also upon the completing the Manufacture of any Quantity or Quantities of Gunpowder, or receiving the same to be sold (as the Case may be), make a like Return, verified as aforesaid, and like Entry; and every such Maker or Manufacturer shall also enter separately in such Book an Account of every Parcel of Gunpowder sold or disposed of, with the Time when, and to whom; and it shall be lawful for any Person authorized by the Chief Secretary of the Lord Lieutenant or other Chief Governor or Governors of Ireland, or, in his Absence, by his Under Secretary, at all reasonable Times to have Access to such Book, and to examine the Stock of such Maker or Seller of Gunpowder, or such Factor or Agent, and compare and balance the same with the Account kept in such Book; and if it shall appear that any Fraud had been committed, or that any Gunpowder had been sold, sent, or disposed of contrary to the Provisions of this Act, the Person licensed shall Penalty for not making Returns, &c. 201. In what Cases Gunpowder may be sent with a Manifest only. Penalty on Gunpowder exceeding Five Pounds shall be removed in Casks, &c. Penalty, 5001. Yearly Licences to be had for making or repairing Arms. shall forfeit Fifty Pounds, and the Licence to such Person shall become void, and such Person shall be disabled in future to make or manufacture or sell Gunpowder. XVIII. And be it further enacted, That if any Maker or Manufacturer of Gunpowder, or Factor or Agent selling Gunpowder, shall not make such Returns as aforesaid, verified as aforesaid, or shall not keep such Book, or shall omit to make therein any Entry required by this Act, or shall refuse to permit any Person thereto authorized to inspect the same, or to examine the Stock of Gunpowder of such Maker, Manufacturer, Factor, or Agent, every such Offender shall for every such Offence respectively forfeit the Sum of Twenty Pounds. XIX. Provided always, and be it enacted, That every Person duly licensed to manufacture Gunpowder may send, at any Time between Sunrise and Sunset, any Quantity thereof to his Office or Place of Delivery mentioned in the Licence granted to him, or to His Majesty's Stores, and not elsewhere, without obtaining a Licence for the Carriage or Removal of the same; provided that with every Quantity of Gunpowder so sent the Maker or his Superintendent shall send a Manifest, expressing the Quantity, sent, and whether in Barrels, Half Barrels, or Quarter Barrels, and the Places from which and to which it is sent, which Manifest shall be dated and signed by the Maker of such Gunpowder, or his Superintendent. 1 XX. And be it further enacted, That if any greater Quantity of Gunpowder than what is expressed in such Manifest shall be so sent, or if the Gunpowder therein mentioned shall be sent to any other Place than to such Office or Place of Delivery, or to His Majesty's Stores, the same shall be forfeited to His Majesty, and the Person sending the same shall forfeit Five hundred Pounds. XXI. And be it further enacted, That all Gunpowder exceeding Five Pounds Weight, which shall be removed from any Part of Ireland, to any other Part of the same, shall be made up in Casks with the Word "Gunpowder" marked thereon in large Letters, upon pain of forfeiting the same to His Majesty; and that it shall be lawful for any Person to seize and carry to His Majesty's Stores any Quantity of Gunpowder exceeding Five Pounds Weight, and not so made up and marked; and the Person who shall have caused such Gunpowder to be carried without being so made up or marked shall forfeit for each such Offence the Sum of Five hundred Pounds. XXII. And be it further enacted, That no Person shall make, construct, amend, repair, or keep for or expose to Sale in Ireland any Cannon or other Ordnance, or any Gun, Musket, Pistol, or other Arms, or any Lock, Barrel, Stock, or other Part of any Gun, Pistol, or Arms, or any Bayonet, Sword, Sword Blade, Spear, Spear Head, Pike, Pike Head, or Instrument serving for a Pike or Pike Head, or other Military Weapon, without a Licence from the Chief Secretary of the Lord Lieutenant or other Chief Governor or Governors of Ireland, or, in his Absence, his Under Secretary, which Licence shall be granted to any known Gunsmith or Sword Cutler, if it shall seem fit to such Secretary or Under Secretary; and if any Person shall make or construct, mend, alter, or or repair, or keep for or expose to Sale any Cannon or other Ordnance, or any Gun, Musket, Pistol, or other Arms, or any Lock, Barrel, Stock, or other Part of any Gun, Pistol, or other Arms, or any Bayonet, Sword, Sword Blade, Spear, Spear Head, Pike, Pike Head, or Instrument serving for a Pike or Pike Head, or other Military Weapon, without having obtained such Licence, every such Article found with such Person shall be forfeited, and may be seized by any Justice of the Peace or Magistrate, or Officer of Customs or Excise, or by any Person authorized thereto by the Warrant of any Justice of the Peace or Magistrate, and every such Offender shall forfeit a Sum of One hundred Pounds; and such Licence shall be of force for One Year, and no longer, from the Time of granting thereof. XXIII. And be it further enacted, That every Person who shall make, repair, or sell any Cannon, Ordnance, Gun, Pistol, or other Fire-arms, or any Locks, Barrel, Stock, or other Part of any Gun, Pistol, or other Fire-arms, or any Sword, Bayonet, Pike, Pike Head, Spear, Spear Head, or Instrument serving for a Pike or Pike Head, or any other Military Weapon, shall keep a Book, in which he or she shall enter or cause to be entered a monthly Account of all such Articles made, sold, or repaired by such Person, and to and for whom the same were sold or repaired, and the respective Times when; and shall monthly return to the Chief Secretary of the Lord Lieutenant or other Chief Governor or Governors of Ireland, or, in his Absence, to his Under Secretary, a Copy of such Account, verified on Oath before any Magistrate; and it shall be lawful for any Person empowered for that Purpose Books may be by the Chief Secretary, or, in his Absence, by his Under Secre- examined. tary, at all reasonable Times, on Demand, to have access to such Book to examine the same; and if any Person making, repairing, or selling any such Article shall not keep such Book, or shall not truly enter therein such Account as aforesaid, or shall omit to make any such Return as aforesaid, verified as aforesaid, or shall not, after Demand, produce such Book to such Person as shall be authorized as aforesaid, or shall not permit such Person to examine the same, every Person offending shall for every such Offence forfeit Twenty Pounds. Penalty, Forfeiture of Arms and 100%. Monthly Account of Arms sold, &c. shall be kept and returned to Chief Secretary. Penalty on 201. XXIV. And be it further enacted, That it shall and may be lawful to and for any Justice of the Peace or Magistrate to enter and search, or to grant a Warrant to any Person or Persons to be by him named to enter and search, any House, Place, Ship, Boat, or Vessel where or in which such Justice or Magistrate shall, from Information on Oath, have reasonable Grounds to suspect any Arms, Ammunition, or Gunpowder to be deposited for any Purpose contrary to this Act. XXV. And be it further enacted, That it shall and may be law- Revoking ful to and for the Lord Lieutenant or other Chief Governor or Licences. Governors of Ireland, at any Time by Order under his Hand, or signified by the Chief Secretary, or, in his Absence, by the Under Secretary, to annul and make void any Licence granted under this Act. Justice of Peace may search for Arms, &c. XXVI. And be it further enacted, That all pecuniary Forfeitures Recovery inflicted by this Act shall go and be paid to the Use of His Ma- Forfeitures, jesty, his Heirs and Successors, and may be recovered by Inform- &c. for Use of 11 GEO. IV. & 1 GUL. IV. U the Crown. ation Remitting XXVII. Provided always, and be it enacted, That it shall and may be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland, at his and their Discretion, to remit or mitigate any Penalty or Forfeiture sued for under this Act, and to order the Restoration of any Ship, Vessel, or Boat, or of any Arms, Gunpowder, or Ammunition, or other Article, seized under the Authority of this Act. Commissioners, &c. may re XXVIII. Provided always, and be it enacted, That in any Case in which it shall be made appear to the Satisfaction of the Commisstore Ships, &c. sioner and Assistant Commissioners of Customs acting in Dublin, and remit Penalties, &c. under certain or the Collector of the Customs at that Port, or the Collector of the Customs at any other Port in Ireland, that any Seizure has been Circumstances. made of any Ship, Vessel, or Boat, or of any Arms, Gunpowder, Ammunition, or other Article, or that any Penalty or Forfeiture has been incurred by the Owners or by the Master or Commander of any Ship, Vessel, or Boat, or by any other Person or Persons for any Offence against this Act, contrary to the Intentions, and without the Privity, Consent, or Concurrence of the Person or Persons liable in any Manner to suffer by any such Seizure, Penalty, or Forfeiture, it shall and may be lawful for such Commissioner and Assistant Commissioners, and for any such Collector of the Customs as aforesaid at the Port in which such Circumstances shall take place, to order any Ships, Vessels, or Boats to be restored in any such Manner and on such Terms and Conditions as such Commissioner and Assistant Commissioners of Customs, or as such Collector of Customs shall think fit to direct, and also to remit or mitigate any Penalty or Forfeiture, as they shall see Reason to acquit any Party of Blame in respect of such Offence, or more or less to attribute the Commission of such Offence to Neglect of Duty in any such Party; and every Forfeiture and every Penalty or Part thereof so remitted shall be null and void; and no Suit or Action shall be brought or maintained by any Person whatever on account of any such Seizure or Detention, or of the imposing of any such Forfeiture or Penalty. XXIX. And be it farther enacted, That in case any Action or Suit shall be commenced against any Person or Persons for any Matter or Thing done or executed in pursuance of this Act, such Action or Suit shall be commenced within Three Calendar Months next after the alleged Cause of Action shall accrue; and the Defendant or Defendants in such Action may plead the General Issue, and give this Act and the special Matter in Evidence on any Trial to be had thereon, and prove that the same was done under ation to be filed in the Name of His Majesty's Attorney General in any of His Majesty's Courts of Record in Dublin; and any Forfeiture of any Article or Thing which by virtue of this Act shall and may be seized shall be sued for, recovered and applied in the Manner and Form, and by the Ways and Means, and with the Powers and Authorities prescribed, directed, or appointed in and by any Law relative to His Majesty's Revenue of Excise, as if the same were particularly mentioned and expressed and re-enacted in this present Act, with the like Remedy of Appeal to and for any Party who shall think him or herself aggrieved or injured as in and by any Law relating to His Majesty's Revenue of Excise is provided. Limitation of 1 under the Authority of this Act; and if a Verdict shall pass for the Defendant or Defendants, or the Plaintiff or Plaintiffs shall become nonsuited, or discontinue his or their Action or Prosecution, or if Judgment shall be given against such Plaintiff or Plaintiffs upon Demurrer or otherwise, such Defendant or Defendants shall have Double Costs awarded to him or them against such Plaintiff or Plaintiffs. XXX. And be it further enacted, That this Act shall commence and take effect from the last Day of this present Session of Parliament, and shall be and remain in force for the Term of One Year from and after the passing thereof, and from thence until the End of the then next Session of Parliament. XXXI. And be it further enacted, That this Act may be altered, Act may be amended, or repealed, by any Act or Acts to be made in this pre- amended. sent Session of Parliament. CA P. XLV. An Act to subject to Duties of Customs Goods the Property of the Crown, in case of Sale after Importation. [16th July 1830.] " WH 3 < < THEREAS Goods, Wares, and Merchandize, the Property of the Crown, are not by Law subject to the Payment of C any Duties of Customs on Importation into any Part of His Majesty's Dominions; And whereas it is expedient that such Goods, Wares, and Merchandize, in the Case of the Sale thereof after Importation, should be subject to the Payment of such Duties ;' 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 all Goods, Wares, and Merchandize, the Property of the Crown, shall, in case of the Sale thereof after Importation into this Realm, be liable to and shall be charged with such and the same Duties of Customs as may be by Law payable or charged on the like Goods, Wares, and Merchandize, not being the Property of the Crown. CAP. XLVI. An Act to alter and amend the Law relating to Illusory Ap- W HEREAS, by Deeds, Wills, and other Instruments, Powers are frequently given to appoint Real and Personal Property amongst several Objects, in such Manner that none of the • Objects can be excluded by the Donee of the Power from a • Share of such Property; And whereas Appointments in exercise of such Powers whereby an unsubstantial, illusory, or nominal Share of the Property affected thereby is appointed to or left unappointed to devolve upon any one or more of the Objects thereof, are invalid in Equity, although the like Appointments are good and binding at Law: And whereas considerable Incon ́venience hath arisen from the Rule of Equity relative to such Appointments, and it is expedient that such Appointments • should < U 2 Commencement and Continuance of Act. Goods, &c. the Property of the Crown sold after Importation charged with Duty. |