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TIMBER ACT 1767
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CHAP. XX.
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An Act for continuing, reviving, and amending several Temporary Statutes, and other Purposes therein mentioned.
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Sheriffs.
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1 G 3. 17. fee 1. continuing 3 G. 2. 9 fee. 7. further continued 8 years, &c. from 1 May 1769.
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WHEREAS the several temporary laws and statutes herein after mentioned are found to be of general use, and fit to be continued: be it 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 a clause in an act passed the first year of his present Majesty’s reign, entitled, An act for reviving, continuing, and amending several temporary statutes, whereby so much of an act of the third year of the late King George the second, entitled, An act for the further explaining and amending several statutes for prohibiting under sheriffs and sheriffs clerks from officiating as under sheriffs or sheriffs clerks more than one year, and to render more effectual an act to prevent fees being taken in certain cases, and to take away the pretended office of barony clerk, and to oblige sheriffs to appoint deputies for granting replevins, and also for discharging of prisoners unable to pay their fees, as relates to bills of discovery therein mentioned, and obliges all persons to answer the same without pleading or demurring thereto, and which said clause is near expiring, shall and may be continued from the first day of May, which will be in the year one thousand seven hundred and sixty nine, for eight years, and from thence to the end of the then next session of Parliament, and no longer.
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Game.
3 G. 3. 23. continued by 5 G. 3. 15. fee. 28. further continued to 1 May 1770, &c.
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II. And whereas, by an act passed in this kingdom in the sixth year of the reign of his present Majesty, entitled, An act for continuing, reviving, and amending several temporary statutes, and for impowering the grand jury of Kilkenny at the assize, to encrease the yearly salary of the treasurer of said county, all and every the clauses contained in an act of the third year of his present Majesty, entitled, An act for the better preservation of the game, so far as relates to the killing of game, and exposing the same to sale at improper seasons of the year, which prohibit the taking and killing of game at certain seasons of the year, and exposing the same to sale, and all the penalties and provisions relating thereunto, which by the said act are made and provided, are found to be useful, and fit to be continued: be it further enacted by the authority aforesaid, That all and every of the said clauses in the said act of the third year of his present Majesty for prohibiting the taking and killing of game, and exposing the same to sale at improper seasons of the year, and all the said penalties and provisions relating thereto, shall be continued in force from the first day of May, which shall be in the year one thousand seven hundred and sixty eight, to the first day of May one thousand seven hundred and seventy, and from thence to the end of the then next session of Parliament.
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31 G. 2. c. 9. fee. 4. as to wild turkies, continued to 1 May 1770, &c.
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III. And be it further enacted by the authority aforesaid, That a clause in an act of the thirty first of George the second, entitled, An act for reviving, continuing, and amending several temporary statues, which makes the killing and destroying wild turkeys subject and liable to the same penalties and forfeitures, that the destroying of pheasants, partridge, and quails are made liable to, be continued from the first day of May one thousand seven hundred and sixty eight to the first day of May one thousand seven hundred and seventy, and to the end of the then next session of Parliament.
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Coal.
3 G. 3. 27. continued 8 years, &c. from 1 Jan. 1769.
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IV. And whereas an act passed in this kingdom in the third year of his present Majesty’s reign, entitled, An act to amend and continue an act, entitled, An act to prevent the excessive price of coals in the city of Dublin, has been found by experience to be a useful and beneficial law: be it further enacted by the authority aforesaid, That the said act shall be continued in force from the first day of January one thousand seven hundred and sixty nine for eight years, and from thence to the end of the then next session of Parliament.
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Tumulto.
5 G. 3. 8. continued 2 years, &c.
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V. And whereas an act passed in this kingdom in the fixth year of his present Majesty’s reign, entitled, An act to prevent for the future tumultuous risings of persons within this kingdom, and for other purposes therein mentioned, which has greatly contributed to the peace and quiet of this kingdom, and is a law fit to be continued: be it further enacted by the authority aforesaid, That the said act shall be continued in force from henceforth for two years, and from thence to the end of the then next session of Parliament.
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Possession, foreign service.
25 G. 2. 12. continued by 31 G. 2. 9. fee. 9. and by 3 G. 3. 20. fee. 2. for 7 years from 1 June 1764, continued further 7 years, &c. from 1 June 1768.
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VI. And be it further enacted by the authority aforesaid, That an act passed in the twenty fifth year of the reign of his late Majesty King George the second, entitled, An act for the more effectual execution of orders of courts of justice for giving and quieting possessions, and also for the more effectual bringing to justice such persons, as shall inlist his Majesty’s subjects to serve as soldiers in foreign service without licence, and which said act was by an act made in the thirty first year of the reign of his said late Majesty continued in force for seven years from the first day of June one thousand seven hundred and fifty eight and to the end of the then next session of Parliament, and by an act made in the third year of the reign of his present Majesty, entitled, An act for continuing, several temporary statues, was continued for seven years from the first of June one thousand seven hundred and sixty four, shall and may be further continued for seven years from the first day of June one thousand seven hundred and sixty eight, and to the end of the then next session of Parliament after the expiration of the said term of seven years.
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Protestants.
3 G. 3. 26. the time of performance of legal requisites of conformity enlarged by 5 G. 3. 15. fee. 5. further enlarged to 1 Dec. 1768.
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VII. And whereas an act passed in the third year of the reign of his present Majesty King George the third, entitled, An act for confirming the titles and for quieting the possessions of protestants, and for giving time to converts from popery to perform the requisites of conformity prescribed by the laws against popery, which enacts, That all such person or persons, as had theretofore obtained the bishop’s certificate of their conformity, and from and after the obtaining the same had prosessed the protestant religion, and had continued protestants and had not performed all the other legal requisites of conformity, and should perform the same before the first day of December one thousand seven hundred and sixty five, should from the time of his, her, or their conformity from the popish to the protestant religion be deemed and taken to be protestants of the established church to all intents and purposes; in which said act there is a provisoe, That nothing therein contained should bar, defeat, or prejudice any judgment or decree theretofore obtained by any person or persons whatsoever in any court of law or equity, or any suit then depending grounded on the popery laws: and whereas by an act passed in the sixth year of his present Majesty King George the third, entitled, An act for continuing, reviving, and amending several temporary statutes, and for the empowering the grand jury of the county of Kilkenny at the assizes to encrease the yearly salary of the treasurer of said county, the time for performing the said legal requisites of conformity was enlarged to the first day of December one thousand seven hundred and sixty seven: and whereas the time for performing the said requisites is now expired: be it enacted by the authority aforesaid, That all such person and persons, as have heretofore obtained the bishop’s certificate of their conformity, and from and after obtaining the same have prosessed the protestant religion, and have continued protestants, and have not performed all the other legal requisites of conformity, and shall perform the same before the first day of December one thousand seven hundred and sixty eight, shall from the time of his, her, or their conformity from the popish to the protestant religion be deemed and taken to be protestants of the established church to all intents and purposes.
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VIII. Provided always, That nothing herein contained shall bar, defeat, or prejudice any judgment or decree heretofore obtained by any person or persons whatsoever in any court of law or equity, or any suit now depending either at law or in equity grounded on the popery laws, which have been duly obtained and proceeded on.
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Weights.
23 G. 2. 15 continued and amended by 31 G. 2. 9. fee. 5, 6, 7, & 8 further continued 7 years, &c.
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IX. And whereas an act passed in this kingdom in the twenty fifth year of the reign of his late Majesty King George the second, entitled, An act for buying and selling all forts of corn, and meal, and other things therein mentioned, by weight; and for the more effectual preventing the frauds committed in the buying and selling thereof; which said act was by an act made in the thirty first year of his said late Majesty’s reign, entitled, An act for reviving, continuing, and amending several temporary statutes, continued in force for the term of seven years, and from thence to the end of the then next session of Parliament, with several amendments: and whereas the said recited act of the twenty fifth year of his said late Majesty’s reign, as explained and amended by said recited act of the thirty first of his said late Majesty’s reign, is fit to to be revived, and continued: be it enacted by the authority aforesaid, That the said recited act of the twenty fifth year of the reign of his late Majesty King George the second with the several amendments thereto made by the said act of the thirty first year of the reign of his said late Majesty, and all and every the clauses, articles, and provisoes therein contained, shall be and are hereby revived and continued in force for the term of seven years, and from thence to the end of the then next session of Parliament after the expiration of said term of seven years.
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Fish.
3 G. 3. 24. 5 G. 3. 7. the number of men thereby required to intitle to bounty on tonnage inconvenient,
4 men the 1st 20 tons, and 1 every 8 tons over, sufficient.
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X. And whereas by two several acts, passed in the third and sixth years of his present Majesty’s reign, for the encouragement of the fisheries of this kingdom, it is required, That every vessel shall have six men for the first twenty tons, and one man for every eight tons exceeding twenty tons, employed on board said vessel during the fishing season, to entitle the owners thereof to the bounty given on the tonnage of said vessels: but it is found by experience, that so great a number of men being required as aforesaid subjects the owners of said vessels to great inconveniencies and difficulties, in regard the fishermen of this kingdom are mostly employed and paid on board said vessels by the shares: for remedy whereof be it enacted by the authority aforesaid, That from henceforth four men for the first twenty tons, and one man for every eight tons exceeding twenty tons, shall be deemed a sufficient number of men to be employed on board such vessels during the fishing season to entitle the owners thereof to said bounty, who shall in all other respects comply with the requisites prescribed by said acts.
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Trees.
5 G. 3. 17. tenant by fee farm intitled to privileges, &c. thereby granted to tenants renewable for ever.
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XI. And whereas by an act passed in the last session of Parliament for encouraging the planting of timber trees (to be planted after the passing of the said act) it is enacted as an encouragement, that tenants for lives renewable for ever should not be impeachable for waste in timber trees: but some doubt has arisen, whether persons holding by fee farm, (though seized of an higher estate) are included in the said act: be it enacted by the authority aforesaid, That persons holding by fee farm shall be entitled to enjoy all such exemptions, privileges, and encouragements, as are granted to tenants for lives renewable for ever by the said act.
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Treasurers.
Presentment for treasurer of Tipperary not exceeding 20l. a year above the usual sum.
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XII. And whereas the county of Tipperary from its situation and circumstances requires large sums to be raised for the repair of roads and other publick purposes, and requires a treasurer conversant in accounts, and who can give good and sufficient security for such large sums, as most necessarily be raised in that county: and whereas the yearly sum, which the grand jury of said county have power to present for the treasurer of said county by the laws now in force, is in no respect adequate to the trouble and expence attending said office: be it enacted by the authority aforesaid, That from and after the first day of July one thousand seven hundred and sixty eight the grand jury of the assizes to be held for the said county of Tipperary from time to time shall have power, if they think fit, to make presentments in the usual manner for the raising any sum not exceeding twenty pounds a year for the treasurer of said county for the time being, over and above the sum which the grand jury of said county is empowered by the laws now in force to present for such treasurer, and the judges at such assizes shall and may confirm such presentment.
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