Page:Ruffhead - The Statutes at Large - vol 7.djvu/141

 A. D. ly^-S. Anno vicefimo piimo Georgii IL C. io. gy Affeflbrs, and Appellant, unlefs they mifbehave, fliall have full and free Liberty to be prefent during all the Time of hearing fuch refpe£live Appeal, and of the faid Commiflloners determining the fame. IX. And be it further enacted by the Authority aforefaid, That all Appeals once heard and determined Appeals heard by the faid CommiiTioners, or any three or more of them, or the major Part of them then prefent on the f" •"= fi"a). E)ay or Days by them appointed for hearing of Appeals, fhall be final, except as is herein after direiled. Exception. X. And be it further enacted by the Authority aforefaid. That if either the faid Surveyor, or the Perfon Surveyor or fo appealing in that Part of Great Britain Called Erigland, or in Wales, or in Berwick upon Tiueed^ fhall ap- Appellant m prehend the Determination made by the faid Commiffioners to be contrary to the true Intent and Meaning t;"!^^'"*' ^^^^' of this and the faid former Aft, and (hall then declare himfelf diflatisfied with fuch Determination, it fliall ' and may be lawful to and for fuch Surveyor, or Perfon refpeftively, to require the faid Commiffioners to theCommif- ftate fpecially and fign the Cafe upon which the Quefliion arofe, together with their Determination there- ^°""^|5° "'"^ upon ; which Cafe the faid Commiflioners, or the Major Part of them then prefent, are hereby required to tranfmiued to ftate and fign accordingly, and to caufe the fame to be delivered to the Party making fuch Requeft as afore- one of the faid, to be by him tranimitted to one of the Juftices of the Court oi King's Bench or Common Pleas, or to Judges, one of the Barons of the Coif of the Exchequer for the time being; and every fuch Juftice and Baron' is who is to give hereby required, with all convenient Speed, to return an anfwer to fuch Cafe fo tranfmitted, with his Opi- hisOpmion, and ' mion thereupon fubfcribed thereto, according to which Opinion fo certified, the Afleflment which fliall have the Aifefiment been the Caufe of fuch Appeal Ihall be altered or confirmed ; and that if either the faid Surveyor, or the JJJ^^^i^'^^^" ^^'^'^ Perfon fo appealing in that Part of Great Britain called Scotland, fhall apprehend the Determination made Surveyor or Ap- by the faid Coinmiflioners to be contrary to the true Intent and Meaning of this and the faid former A£l:, pellant in Scut- and lliall then declare himfelf diifatisfied with fuch Determination, it fhall and may be lawful to and for land tii/i-itisfied fuch Surveyor, or Perfon diflatisfied refpeiStively, to require the faid Commiffioners, or the major Part of '°P°"=^'"''^® them then prefent, to ftate fpecially and fign the Cafe upon which the Queftion arofe, together with their '•'"^""' '"- Determination thereupon ; which Cafe the faid Commiffioners are hereby required to ftate and fign accor- dingly, and to caufe the fsane to be delivered, to the Party making fuch Requefl- as aforefaid, to be by him tranfmitted to one of the Judges of the Court of Seffion, or of the Barons of the Exchequer in Scotland; and every iuch Judge and Baron is hereby required, with all convenient Speed, to return an Anfwer to fuch Cafe fo tranfmitted, with his Opinion thereupon fubfcribed thereto, according tiD which Opinion fo certified die Aflellment which fl.iall have been the Caufe of fuch Appeal fliall be altered or confirmed : Pro- ^/t^jJ™c"om"'i " vided always. That notwithftanding any fuch Cafe fo tranfmitted to any of the faid Juftices, Judges or Ba- r^ners to°iii'a'!Jd " rons, the, Determination of the faid Commiffioners fliall ftand with refpefl to the Payments which fliall be- with refpeft to come due precedent to the Opinion certified by any Iuch Juftice, Judge or Baron, upon fuch Cafe. Payments due ' XL And whereas, in order to evade the Payment of the Duties upon Windows or Lights, fevcral Regulations ' Windows or Lights in feveral Dwelling-houfes have been fraudulently, and not elFeftually fl-opped up ;' concerning iha Be it therefore enafted by the Authority aforefaid. That no Window or Light fliall be deemed to be flop- J^''^'"^ ^'^'"' Eed up, unlefs fuch Window or Light fliall be flopped up efi^eflually with Stone or Brick, or Piaifter upon ,ath, or upon any other Materials commonly ufed to piaifter upon, or with the fame Kind of Materials whereof the Outfide of fuch Dwelling- houfe doth chiefly confift. XII. Provided always. That nothing in this Aft fliall be conftrued to extend to any Windows which Provifo for Win- were really and i»w &/f flopped up with any Materials whatfoever before the making of the faid Aft of f"™^ '^^PI'^„„ 1 1 n o iV- r r> 1 ■ 1 ■ 1 ■ -1 1 ■ I n f before the Aft. the lait Seiiion or Parliament ; any thmg herein contained to the contrary notwithftanding., XIII. And be it further enafted by the Authority aforefaid. That the Payment of any of the Rates and None to gain a Duties granted by the faid Aft, by any Occupier or Occupiers of any Dvvelh'ng-houfe or Houfes in any Parifh Setilement by _ or Place, fliall not entitle the Perfon or Perfons fo paying fuch Rates or Duties to a legal Settlement in fuch Du^J^j"'"* Parifii or Place. XIV. And be it further enafted by the Authority aforefaid, That if any Perfon or Perfons dall at any Penalty of nb. Time hereafter wilfully obftruft or moleft any Afleflbr or /..ffeflTors, Surveyor or Surveyors, in the due Ex- flruffing Of- ecution of his or their, faid Ofiice or Offices, Duty or Duties refpecHvely, fuch Perfon or Perfons fliall, *^"''- for every fuch Ofirence, forfeit the Sum of five Pounds, to be levied in fuch Manner as the Rates and Du- ties granted by the faid Aft are direfted to be levied. XV. And be it further enafted. That all Fines, Penalties and Forfeitures which fliall be levied by War- Fines, &r. leviej rant under the Hands and Seals of' three or more of the Commiffioners appointed by the faid Aft, or by hy Warrant to this prefent Aft, purfuant to the Direftions of and in the faid Aft, or of this prefent Aft (fave only and ex- cgj'fj^^^^^ '."''' * cept one Moiety of fuch Fines, Penalties and Forfeitures, as fhall be impofed and levied for and in refpeft ^^j.' ^ the Moi- of the opening of any Window or Light, after the fame is flopped up, without giving fuch Notice as is re- ^ty due to the quired by the faid Aft, v/hich fhall be paid to the Perfon who fliall give Notice or Information of the open- Informer; ing fuch Window or Light) fliall be refpeftively paid to the CoUeftor or Colleftors of the Parifli_or_ Place ■within which the fame (hall be levied ; and the lame fliall be refpeftively added to the refpeftive Aflefiments and to be added of the faid Rates and Duties, v/irhin, or for fuch Parifii or Place refpeftively delivered or to be delivered to '° the AiTef- the Colleftors, and alfo to the Duplicates, within, or for the fame Parifli or Place, and be given in charge ™™''j ^'^• to the refpeftive Receivers General, and be paid to them refpeftively, together with and amongft the faid Rates and Duties, and be -paid into the Receipt of his Majefty's Exchequer. XVI. And be it further enafted by tlie Authority aforefaid. That that Part of the fiiid Aft, whereby the Claufe relating to Commiffioners thereby appointed for putting the fame in Execution, have Power of rating and afl'feffing any thePowersgiven other Commiffioners or Afleflbrs, who refide or dwell in the refpeftive Divifions, for which they aft_ for or f° Xirole ano! an refpeft of the faid Duties on Houfes, Windows or Lights thereby granted, fliall be, and the iame is ,h„ repealed. hereby repealed ; and that from and after the faid twenty-fifth Day of March one thoufand fevcn hundred 20 Geo. z. c, 3, and forty-eight, the feveral Commiflioners and Aflefl'ors refiding in any County, Shire, Stewartry or other §• iS. Place, fhall be affeflcd for fuch Rates and Duties, by the Afleflbi-s appointed for tlie refpeftive Place or ^'"™™''^>°"<^'s Places, wherein fuch Commiffioners and Afleflbrs refide, in the fame iVIannfr as any other Perfons refiding ^j^,, ^^(^"^^j.^^..^ there are rated or alTeflcd ; any thing in this or the faid fornief Aft to the contrary in any wife notwithftanding. Vol. Vlf. O XVK, And