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LEASES FOR CORN MILLS ACT 1785
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CHAP. LXII.
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An Act to explain and amend several Laws now in Force for the Encouragement of Agriculture.
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Preamble.
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Persons making malt for sale after passing this act, shall return to the collectors of the districts, or person appointed in Dublin, an account monthly, verified by affidavit, of the quantity of barley and bere bought by them, and the prices paid for the same, as by 23 & 24 G. 3. c. 19.
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penalty 5l.
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WHEREAS a great part of the barley and bere used in this kingdom, is bought by private sale, and the returns of the sales at markets cannot therefore truly ascertain the real quantity and price of barley or bere fold: 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 every person making malt for sale, at any time after the passing of this act, shall, in the first week of every month, return to the collector of excise in the district where he or she shall make such malt, or to the person who shall be appointed in the city of Dublin, by the chief governor or governors of this kingdom for the time being, to receive the returns of corn directed by an act passed in the last session, entitled, An act for regulating the corn trade, promoting agriculture, and providing a regular and steady supply of corn in this kingdom, and for granting to his Majesty, his heirs and successors, the duties therein mentioned, a true account verified by affidavit, of the quantity of barley and bere bought by him or her in the preceding month, and the prices at which the same was bought respectively, under the pain of forseiting, for every such neglect, the sum of five pounds, to be sued for, levied, and recovered, in like manner as any of the penalties or forfeitures created by the said recited act, or by bill, plaint, or information in any of his Majesty’s courts of law, or by bivil bill.
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Collectors to transmit such accounts to the person in Dublin appointed to receive them, to be entered, of the same effect, as the returns made by 23 & 24 G. 3. c. 19.
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II. And be it further enacted by the authority aforesaid, That every collector of excise, who shall receive any such return, shall, and he is hereby required and directed to transmit the same, without delay, to the person in the city of Dublin, appointed as aforesaid; and every such return shall be entered by such person, in like manner as any other return made to him by virtue of the said act; and shall be, and is hereby declared to be to all intents and purposes of the like force, use, and effect for ascertaining quarterly the average price of barley, in manner directed by the said act, as any of the returns directed therein.
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Recital of said act.
the grand jury at every summer assizes shall have like powers as the grand juries at spring assizes have by said act.
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III. And whereas by said act, the grand jury of each county, county of a town or city are required at, or immediately after each spring assizes held therein, in each year, to order and direct returns to be made weekly, of the quantities and prices of wheat, rye, bere, barley, oats, peas, and beans from such and so many market towns as they shall think proper, in their counties respectively, where a regular weekly corn market is held by ring of bell, and a magistrate, or other person properly authorized attends, and also to direct and appoint a proper person, being an inhabitant of such market town, town, or city, to make such returns to the person appointed in manner therein directed, to receive the same: be it enacted by the authority aforesaid, That the grand jury of each county, county of a town or city, at every summer assizes held therein in each year, shall have the like powers as the grand juries of the several counties, counties of cities, and counties of towns have at spring assizes by virtue of said act.
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There shall be paid for carriage by land, canal, and coast ways of oatmeal to Dublin, the same hounty for each cwt. as is payable on one barrel of oats.
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IV. And whereas a barrel of oats produces, in general, not more than one hundred weight of oatmeal, and it is just and reasonable, and would induce a great saving of expence to the farmer, that the carriage of the produce of oats should be entitled to equal encouragement as the carriage of oats in grain: be it therefore enacted by the authority aforesaid, That from and after the passing of this act, there shall be paid for the carriage by land, canal, and coastways respectively, of oatmeal to the city of Dublin, the same amount of bounty for each one hundred weight thereof, as is now by law payable for the bounty on such carriage of one barrel of oats respectively.
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Any three commissioners may be licence, admit to be imported duty free, any barley between 1st Nov. and 1st May, and wheat between 1st May and 1st Nov. upon proof upon oath that the same is for seed,
and security that the barley shall be town before 1st May, and the wheat before 1st November next following the import thereof.
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V. And whereas barley and wheat are frequently necessary to be imported for the purpose of refreshing the seed, and improving the quality of grain in this kingdom: be it further enacted by the authority aforesaid, That it shall and may be lawful for any three of the commissioners of his Majesty’s revenue, by licence under their hands and seals, to admit to be imported without payment of any duty from Great Britain, or from foreign parts, any barley between the first day of November, and the first day of May; and any wheat between the first day of May and first day of November, upon proof being made upon oath before the collector or other chief officer of the port; which oath such officer or collector is hereby empowered to administer, that the said barley or wheat is imported for seed only, and upon security being given in double the amount of the duty payable thereon, that the said grain, if barley, shall be town before the first day of May, and if wheat before the first day of November next respectively following the import thereof; which security shall remain in full force until sufficient proof shall be given to the said commissioners, that the said grain has been actually and bona fide town in this kingdom before the times aforesaid respectively.
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Further recital of said act.
Oats or oatmeal exported from New-Ross into any port in Ulster, shall be entitled to equal bounty, and be under the same regulations, as if said port was situated in Munster.
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VI. And whereas by the said recited act it is enacted, That every person who shall during any prohibition of the export of oats or oatmeal in any port of the province of Ulster, import into any such port good sound oats of Irish growth, or good sound oatmeal of Irish manufacture from any port in the province of Munster, shall be entitled unto, and may receive a bounty of ten pence for every hundred weight thereof, and from any port of the provinces of Leinster and Connaught, except the port of Dublin, the sum of six pence for every hundred weight thereof, under such regulations and restrictions as by said act directed: and whereas the port of New Ross, though in the province of Leinster, is farther distant by sea from Ulster than some ports in the province of Munster: be it therefore enacted by the authority aforesaid, That all good sound oats or oatmeal which shall be exported from said port of New Ross into any port in the province of Ulster shall be entitled to, and may receive equal bounties, and be under the same regulations as if said port of New Ross was situated in the province of Munster; any thing in said act to the contrary notwithstanding.
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Words which may be omitted in the affidavit to be sworn by the factor of malt,
words which are to be inserted in the owner’s affidavit.
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VII. And whereas as the law now stands no owner of malt brought for sale to the city of Dublin, by land carriage, is entitled to receive any bounty for the same, unless the factor who has sold the same, makes oath, that it was properly manufactured, well trodden, screened and cleansed from dirt and other impurities, whereby the said malt is obliged to be trodden, screened, and so forth, in the city of Dublin, and a great additional expence is thereby incurred: and whereas if words to the same effect were inferred in the owners affidavit, it is conceived it would better answer all the purposes of the present laws: be it therefore enacted, That from and after the twenty fourth of June next, the following words may be omitted in the form of the affidavit required to be sworn by the factor, in order to entitle the owners of malt brought by land carriage to Dublin, to receive the bounty, viz. properly manufactured, well trodden, screened, and cleaned from dirt, and other impurities, and that the following shall be inserted in the owners affidavit, viz. properly manufactured, well trodden before it was cold from the kiln, and well screened and cleaned from dirt, and other impurities.
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No bounty on malt brought to Dublin, unless said words are in the owners affidavit.
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VIII. And be it enacted, That no bounties shall be paid on any malt brought to Dublin by land carriage or otherwise, unless the said words stand part of the owners affidavit, which is required by the laws now in being, to be sworn by him in order to entitle him to receive the bounty.
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Merchants, &c. licensed, who shall purchase sound corn, &c. where usually bought or sold in this kingdom, and bring the same to Dublin, by land carriage, and shall sell the same in Dublin, or export it from thence, performing requisites to be done by persons bringing flour, or so much as requisite, and making the alterations herein,
shall receive the same bounty from the place purchased at, as if brought from the lands where the same grew, or was made.
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IX. And whereas it will tend to the advancement of agriculture to encourage merchants and considerable dealers in corn, to enter largely into the purchase thereof: be it enacted by the authority aforesaid, That if any merchant or merchants, or other dealers, licensed as herein after mentioned, shall purchase by commission or otherwise, any quantity of sound, clean, well saved, merchantable corn, wheat, rye, meslin, barley, bere, oats, or oatmeal, in any publick market, or other place where corn is usually bought or sold in this kingdom, and shall bring, or cause the same to be brought to the city of Dublin, by land carriage, canal, or inland navigation, or both, and shall sell, or cause the same to be sold in the said city of Dublin, or exported from thence upon performing the requisites required by the laws now in force to be done and performed by the persons now bringing flour to the city of Dublin, by land or inland navigation to entitle them to the payment of the premiums or bounties by law given thereon, or so much of such requisites as the case may require, substituting the market or place as aforesaid, where the corn, grain, or oatmeal was bought, for the mill where the flour was ground, and changing such other words and phrases in the form of the affidavit to reconcile the difference between corn and flour as may be deemed necessary by the commissioners of his Majesty’s revenue, or any three of them, such merchant or merchants, dealer or dealers shall receive the same bounties on such corn, wheat, rye, meslin, barley, bere, oats, or oatmeal, from the market town, or other place where the same was purchased, as any person or persons would, if he, she, or they had brought the same to the said city of Dublin, from the lands on which the same grew or was made, any law to the contrary thereof in any wise notwithstanding.
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Unless such merchant or dealer be previously licensed, and give security for the justice of their dealings.
and return upon oath to the commissioners an account of all sales by them made as herein;
they shall not be entitled to any bounty.
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X. Provided always, That unless such merchant or merchants, dealer or dealers shall be previously licensed by the chief commissioners of his Majesty’s revenue, or any three of them, which licence the said commissioners, or any three of them, are hereby empowered to grant, and to revoke from time to time as they shall think proper, and unless such merchant or merchants, dealer or dealers, shall have given sufficient security in such amount as the said commissioners, or any three of them shall think proper, for the justice of his, her, or their dealings, in all matters relating to the said bounties, and that he, she, or they will not knowingly or willingly himself, herself, or themselves commit or suffer to be committed by any person or persons acting for or under him, her, or them, any fraud or deceit whereby any of the said bounties may be wrongfully claimed or paid, and that he, she, or they will as often as thereunto required by the said commissioners, or any three of them, return upon oath, or if a quaker, upon affirmation, to the said commissioners, a full and particular account of all sales by him, her, or them made, of such corn, grain, or oatmeal, which shall have obtained bounty, specifying the names of the several persons to whom sold, the quantities and respective times of sale, and such other particulars relating thereto as the said chief commissioners or any three of them shall require, such merchant or merchants, dealer or dealers, shall not be entitled to receive any bounty or premium whatsoever, any thing herein contained to the contrary nothwithstanding.
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In case of inability of any such merchant or dealer, the affidavit of the clerk shall be sufficient;
the security given shall be equally bound.
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XI. And be it enacted by the authority aforesaid, That in case of the death, inability by fickness, or necessary absence out of this kingdom, of any such merchant or dealer, proved to the satisfaction of the said commissioners, or any three of them, the affidavit, or if a quaker, the affirmation of such merchant’s or dealer’s clerk shall be taken instead of the affidavit or affirmation of such merchant or dealer dying, or disabled by sickness or otherwise as aforesaid, and be sufficient to entitle the person making such affidavit or affirmation to receive such bounty as effectually as if said affidavit or affirmation had been made by such merchant or dealer, and the security given by such merchant or merchants, dealer or dealers, shall be equally bound in respect thereof as if the same had been made by such merchant or dealer.
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Archbishops and bishops, and other ecclesiastical persons, with consent of their bishops the master and governors, and fellows of colleges and hospitals, and persons in possession of an estate in fee-tail, &c. may make leases for years, or for 3 lives renewable, of lands not being part of the demesne, and not exceeding 3 acres,
for building corn mills, making mill ponds or mill dams.
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XII. And whereas many advantageous situations for corn mills cannot now be made use of, from the want of power in the owners of the land to make sufficient leases for encouraging the building thereof, be it therefore enacted by the authority aforesaid, That from and after the passing of this act, it shall and may be lawful to and for every archbishop and bishop, and to and for every dean, dean and chapter, archdeacon, dignitary, prebendary, rector, vicar, and ecclesiastical person whatsoever, with the consent of the archbishop or bishop of their respective diocese, signified under the hand and seal of such archbishop and bishop respectively, and to and for the master and governors, and fellows of colleges and hospitals, and to and for every person or persons whatsoever, being seized in possession in law or equity of an estate in see-tail, or for his life, with immediate remainder over to, or in trust for his issue, to make one or more lease or leases for any term or number of years, or for one, two, or three lives, with covenant of perpetual renewal of any part or parts of land to them respectively belonging, not being any part of the demesne usually occupied with his or their mansion-house, and not exceeding three acres plantation measure, in any one such lease, to any person or persons for the purpose of building corn mills, making mill ponds, or mill dams, and that all grants or leases so made shall be good and effectual against the successors of every such archbishop, bishop, dean, dean and chapter, archdeacon, dignitary, prebendary, rector, vicar, and other ecclesiastical person respectively, and against the successors of the masters, governors, and fellows of colleges and hospitals respectively.
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The highest rent that can be got without fine.
half a year’s rent as a fine on each renewal.
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XIII. Provided always, That the best and highest rent be reserved for the land, so to be demised, that can be reasonably had for the same, at the time of making such demise without fine, and that one half years rent of the said demised land be reserved as a fine on each renewal, to be paid within six months after the fall of each life, if such lease be made for life or lives.
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Such mill, mill-pond, or mill-dam, to be made within two years.
10l. per acre shall be said out on said ground, within two years, or the lease void.
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XIV. And provided also, That such mill, mill-pond, or mill-dam, shall be made, or erected on said ground, within two years after making such demise, and that the lessee or lessees do covenant by such lease or leases, to preserve and keep such work-mill or building in proper order and repair, during the continuance of such demise: and provided also, That a sum or sums of money, at the rate of ten pounds per acre at the least, be laid out on said ground, so demised for the purposes aforesaid, within two years after the making such demise, otherwise that said lease or leases shall be absolutely void to all intents and purposes whatsoever.
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Like leases may be granted for erecting mills, &c. for any machinery of manufacture, to be turned by water.
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XV. And be it further enacted by the authority aforesaid, That like leases, with like powers, restrictions, reservations, and covenants, may be made respectively, and be valid, for the purpose of erecting mills, and making mill-dams, or ponds for any machinery of manufacture, to be turned or employed by water.
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The persons herein mentioned, are appointed commissioners, and are empowered to provide proper places for corn markets, all powers by 31 G. 2. c.
19, or other acts amending the same, shall be vested in the aforesaid commissioners, or any seven, for providing such marketplaces, and making passages thereto,
and all clauses in said acts which may be necessary, shall be of full force.
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XVI. And whereas it may be necessary for the convenience of the corn trade of the several sea-ports, towns, and cities in this kingdom, being corporate towns or cities, that a proper and sufficient place should be provided for holding the market of corn therein: be it enacted by the authority aforesaid, That the mayor, recorder, aldermen, sheriffs, and representatives in Parliament, of and for every such sea-port town, or city, and the knights of the shire for the several counties contiguous to such town or city, all for the time being, be and are hereby appointed commissioners for providing a proper and sufficient place, for holding the cornmarket therein; and that all the powers vested by an act made in the thirty first year of the reign of his late Majesty King George the second, entitled, An act for making a wide and convenient way, street, and passage from Effex-bridge, to the castle of Dublin, and for other purposes therein mentioned, or by other act or acts of Parliament, explaining, amending, or enlarging the same, in the commissioners therein named, or their successors, shall be, and are hereby vested in the foregoing commissioners, or any seven or more of them, for the purpose of procuring such market-place, and of making wide and convenient passages thereto; and that all and singular the clauses contained in the said acts, or any of them, which may be necessary for carrying the trust hereby vested in the said commissioners, or any of them, into execution, shall be of as full force and effect, touching the grounds, houses, and tenements which the said commissioners, or any seven or more of them, shall deem necessary to be procured for such market-place, and for making wide and convenient passages thereto, and touching the several owners, proprietors, and persons interested therein, as if the same were severally and specially enacted hereby, in respect of the same.
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Commissioners may procure such ground by lease for lives renewable.
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XVII. And be it further enacted by the authority aforesaid, That if the said commissioners, or any seven or more of them, shall choose to procure such ground, or any part thereof, by a lease or leases for lives renewable for ever, or in perpetuity, it shall and may be lawful for them to settle and agree upon the terms of such lease or leases.
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Leases to be made unto, and rent payable by the corporation,
grounds, &c. purchased, shall be paid for by and vested in the corporation, and shall be for holding weekly corn market.
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XVIII. Provided always, That every such lease shall be made unto, and the rents thereof be payable by the corporation of such town, or city, and that all grounds, houses, or tenements, which shall be purchased as aforesaid, shall be paid for by, and be vested in the said corporation, for the sole purpose of being applied for holding a regular weekly market of corn therein; and that so soon as the said corporation shall cause to be erected, or there shall be otherwise erected therein all necessary buildings and conveniencies for the sale of corn, the corn-market of such town shall be duly and regularly held therein, and in no other place.
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No more than 2 acres of ground to be purchased; no passage of less width than 50 feet.
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XIX. Provided also, That no greater quantity of ground than two acres be procured for the purpose of any such market-place by virtue of this act, and that no passage to the same to be made or laid out by virtue hereof, be of a less width than fifty feet.
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The grand jury of the county may present such sum as may appear to be necessary, &c. for erecting the several buildings, &c.
and may persent such sum as necessary for repairing the same,
and also 6cl. for necessary officers.
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XX. And in order to provide for erecting and finishing the several buildings, walls, sences, and railing in such ground as may be necessary for the convenience of any such market in any such sea-port town, or city, being a county of a town or city, and to flag, pave, and gravel the same: be it further enacted, That it shall and may be lawful for the grand jury of the county of such town or city, to present at any one or more assizes to be held for the same, such sum or sums of money as may appear to them to be necessary for all or any the purposes aforesaid, upon an affidavit, a plan and estimate being laid before them as is required by law for the presenting for the building of a bridge, gaol, or sestion-house, and every sum so presented shall be levied and accounted for in like form and manner as money so presented; and that it shall and may be lawful for every such grand jury to present from time to time, all such sums as may be necessary to repair, amend, or enlarge the same, to be levied and accounted for in like manner, and likewise to present such sum, not exceeding sixty pounds in the whole in any one year, as they shall think fit, for a salary or salaries for a superintendant or clerk, or one or more bailiff or bailiffs for cleansing and sweeping the same, and taking care thereof.
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The paymaster of corn premiums may appoint one or two deputies, to be approved of by the commissioners of excise,
to be paid at the expence of the said paymaster, and have the same power.
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XXI. And whereas in case of sickness or necessary absence, the paymaster of corn premiums is empowered at present by law to appoint a deputy to execute the duties of said office: and whereas in such case, such deputy so appointed, may through some fatality be disabled from attending said office: and whereas from the considerable hurry of business in said office, particularly on market-days, it might prove expedient, and the means of preventing and detecting of frauds, and of expediting the business of said office, if the paymaster had the assistance of one or two deputies on all occasions; be it therefore enacted by the authority aforesaid, That the paymaster of corn premiums shall and may in all cases have power, and is hereby empowered to appoint and remove, during his pleasure, from time to time, one or two persons, as his deputy or deputies, for whom he shall be answerable, but who shall be first approved of by the commissioners of excise, or any three of them, and shall be paid at the expence of the said paymaster, and each of said deputies shall have like power of administering oaths, and executing the duties of said office as the principal.
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Deputy with two securities to enter into a bond of 2000l.
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XXII. Provided always, That no person whomsoever shall be capable of executing the said office of deputy or deputies, before he or they, with two sufficient securities, to be approved of by the said commissioners, or any three of them, shall have executed a bond to his Majesty, in the penal sum of two thousand pounds, conditioned for the execution of said office, and to account for all such sums of money as he or they shall receive by virtue of the same.
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Persons claiming bounty on export of corn, &c. out of this kingdom, shall make oath as herein.
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XXIII. And in order to prevent fraud in double bounties being paid on the same corn, grain, meal, malt, or flour: be it further enacted by the authority aforesaid, That any person or persons claiming any bounties payable on the exportation of corn, meal, malt, or flour out of this kingdom, shall, before he, she, or they are paid the same, make oath, that to the best of his, her, or their knowledge, and belief, no premium or bounty whatsoever has been paid, or is to be paid on said corn, meal, malt, or flour, either by coast, canal, or land-carriage to Dublin or to Ulster.
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