24Geo.2.c.23. are in any cafes already directed by law and if the coroner fo convicted shall have been appointed by the lord or lords of any liberty or franchife, or in any other manner than by the election of the freeholders of any county, the lord or lords of such liberty or franchise, or the perfon or perfons intitled to the nomination or appointment of any fuch coroner, fhall, upon notice of fuch judgment of amoval, nominate and appoint another perfon to be coroner in his ftead. CAP. XXX. An act to amend an act made in the last session of parliament, (intituled, An act for regulating the commencement of the year, and for correcting the calendar now in use.) WH HEREAS by an act of parliament made in the twenty fourth year of the reign of his present Majesty, (intituled, An act for regulating the commencement of the year, and for correcting the calendar now in use) it is among other things enacted, That the natural day next immediately following the fecond day of September, which shall be in the year of our Lord one thousand feven hundred and fifty two, fhall be reckoned and accounted to be the fourteenth day of September, omitting for that time only, the eleven intermediate nominal days of the common calendar, and that the days immediately fucceeding fhall be called, reckoned and numbered forwards in numerical order, from the faid fourteenth day of September, and that all meetings and affemblies of any bodies politick or corporate, either for the election of any officers or members thereof, or for any fuch officers entering upon the execution of their respective offices, or for any other purpose which by law, charter, cuftom or ufage, are to be holden on any fixed or certain day of any month, fhall from and after the faid fecond day of September, be holden and kept upon or according to the fame refpective nominal days and times whereon the fame are then to be holden; but which should be computed according to the new method of numbering and reckoning the days of the calendar as therein mentioned, as by the faid act may more fully appear: and whereas by the charters, customs or ufage of fome cities, boroughs, towns or other communities, or bodies politick or corporate, the election of officers, or the entrance of officers on the execution of their offices, or the doing of fome other corporate acts, may be fixed or required to be on fome certain nominal day or days of the faid month of September, falling between the fecond and fourteenth days of the fame month, which faid nominal days, are by the faid act required to be dropt or omitted for this prefent year, fo that there will not in fact be any nominal days between the faid fecond and fourteenth days of the said month of September for this prefent year, whereon fuch corporate acts can be done; and doubts have arisen whether fuch corporate als may be done at all without a special provision for that purpose, by authority of parliament; and inconveniencies may poffibly enfue for want thereof; be it therefore enacted by the King's most excellent majefty, by and with the advice and confent of the lords spiritual and temporal and commons in this prefent parliament assembled, and to be done up and by the authority of the fame, That it fhall and may be law- The election ful to and for all fuch bodies politick and corporate as aforefaid, of officers, &c_ and all and every the officers and members thereof, and they on upon the and every of them are hereby required to do all fuch acts, as fame natural by any law, charter or ufage are appointed or required to be days of this done on any of the nominal days of or in the faid month of Sep- year only, as before. tember, which by the said recited act are directed to be dropt or omitted for this present year, upon the fame natural day or days, of this year only, as fuch acts would, might or ought to be done, in cafe the faid recited act had not been made; and that all acts fo done in pursuance hereof fhall be deemed and are hereby declared and enacted to be as good and effectual to all intents and purposes, as if the fame were done on any of the nominal days fo dropt or omitted as aforefaid; any law, ftatute, charter, custom or ufage to the contrary in any wife notwithstanding. II. And whereas in divers parts of this kingdom, by cuflom, prefcription or ufage, or by virtue of fome law or contract, certain lands and grounds are to be opened and used for common of pasture or other purposes, and the fame lands and grounds are again inclofed and but up, and certain rents or other payments are due and payable, and fome other matters and things may be to be done upon fome of the moveable feafts, or upon certain days or times depending upon or to be computed from the fame: and whereas the faid moveable feafts are hereafter to take place, and to be obferved according to the new calendar by the faid act directed to be used, whereby fome doubts have already arifen, or may hereafter arife, about the time for opening and ufing, inclofing and fhutting up fuch lands and grounds, the paying of fuch rents or other payments, and the doing fuch other matters or things as aforeJaid; for remedy thereof be it further enacted by the authority aforefaid, That from and after the faid fecond day of September The times for in the faid year of our Lord one thousand seven hundred and opening and fifty two, the refpective times for opening, ufing, inclofing and inclofing fhutting up all fuch lands and grounds as aforefaid, for the pay- common, and ing of fuch rents or other payments, and for the doing of fuch payment of other matters or things as aforefaid, if such times are depending rents, &c. if on any moveable feaft or feasts, shall be computed and take place the fame deaccording to the faid new calendar, and the tables and rules in pend on any moveable the faid recited act directed to be used, and not according to the feaft, are to be method of fupputation heretofore ufed, or to the tables hereto- according to fore commonly affixed to the book of common prayer; and the the new catemporary and diftinct property and right of all perfons, bodies politick and corporate, of, to and in all fuch lands and grounds, thall commence and be enjoyed, and all fuch rents and payments fhall become and be due and payable, and all fuch matters and things fhall be tranfacted and done accordingly; any law, custom, prescription or usage to the contrary notwithstanding. grounds for lendar. III. Provided always, and it is hereby further declared and The title to enacted by the authority aforefaid, That nothing in this act fuch lands not contained thall extend, or be conftrued to extend to the abridgBb VOL. XX. ing, altered. ing, enlarging, confirming or altering, the title of any person, body politick or corporate whatsoever, of in or to any fuch lands or grounds, but the fame fhall remain and continue the fame in all refpects, (except as to the new computation of time when fuch refpective right or the enjoyment thereof shall commence, or be put in use.) IV. And whereas within the city of London the ufual and accustomed time of the annual meeting and affembly of the citizens of the faid city, for the admission and swearing of the mayor of the fame city in the Guildhall there, hath been on the feaft day of Saint Simon and Jude, being the twenty eighth day of October, in every year; and the ufual and accustomed folemnity of presenting and fwearing the mayor of the fame city in the court of exchequer at Weftminster, hath been on the day next following the faid feast of Saint Simon and Jude, to wit, on the twenty ninth day of October in every year: and whereas by the said in part recited act it was enacted, That all meetings and affemblies of any bodies politick or corporate, either for the election of any officers or members thereof, or for any fuch officers entering upon the execution of their respective offices, or for any other purpose whatsoever, which by any law, ftatute, charter, custom or ufage within this kingdom, were to be holden and kept on any fixed or certain day of any month, should, from and after the fecond day of September one thousand seven hundred and fifty two now next enfuing, be holden and kept upon or according to the same respective nominal days and times whereon or according to which the fame were, at the time of making the faid act, to be holden: and whereas by another act of parliament made in the fame twenty fourth year of 24Geo.2.c.48. the reign of his prefent Majefty, intituled, An act for the abbreviation of Michaelmas term, it was enacted, That the faid folemnity of prefenting and fwearing the mayors of the faid city of London, before the King or Queen of England, in their court of Exchequer at Westminster, or before the barons of the faid court, after every annual election into the faid office, in the manner and form heretofore ufed, on the twenty ninth day of October, fhould, from and after the feast of Saint Michael in the year of our Lord one thousand seven hundred and fifty two, be kept and obferved on the ninth day of November in every year; be it therefore enacted by the authority aforefaid, That the faid annual admiffion and fwearing of the mayor of the faid city of London, at the Guildhall there, fhall not at any time hereafter be had and performed on the faid twenty eighth day of October; but the fame, and all annual meetings and affemblies for that purpose, fhall at all times hereafter be had, done and holden in the ufual and accustomed manner on the eighth day of November in every year, being the day next preceding the faid ninth day of November, whereon the said folemnity of presenting and fwearing the mayor of the faid city in the court of Exchequer is appointed for the future to be kept and obferved as aforefaid, and not before; any thing in the said first recited act of parliament, or any law, cuftom or ufage to the contrary thereof in any wife notwithstanding. The annual admiffion and fwearing of the mayor of London to be on 8 Nov. 6. CAP. CAP. XXXI. An act to continue, explain and amend several laws more effectually to prevent the spreading of the distemper which now rages amongst the horned cattle in this kingdom. CAP. XXXII. An act to allow the importation of gum fenega into this king- WH HEREAS the printing of filks, linens and callicoes, is greatly improved in this kingdom: and the value of the faid manufactures is thereby confiderably inhanced, and the exportation thereof increafed: and whereas the printing of ths faid manufactures cannot be carried to perfection without a fufficient quantity of gum fenega; the importation of which hath of late greatly decreafed, and the price thereof advanced to an exceffive rate, whereby it is become necessary that fome provifion should be made for the more effectual and conftant Supply of that useful and valuable commodity, in order to encourage, fupport and extend the faid trade: and whereas gum fenega cannot otherwife be imported into this kingdom than according to the rules prefcribed by an act made in the twelfth year of the reign of King Charles the Second, intituled, An act for the encouraging and in-12 Car. 2. c.18. creafing of shipping and navigation: Therefore we, your Majesty's most faithful commons, in order to fupport and extend the faid trade, by allowing the importation of gum fenega from any place in Europe, fo as not to difcourage the importation of the faid commodity from the places of its growth or produce, do most humbly befeech your most excellent Majefty, that it may be enacted; and be it enacted by the King's most excellent Majefty, by and with the advice and confent of the lords fpiritual and temporal and commons in this prefent parliament affembled, and by the authority of the fame, That from and af- Gum Senega ter the tenth day of April one thousand seven hundred and fifty allowed to be two, it shall and may be lawful to and for any of his Majesty's imported from fubjects to import into this kingdom gum fenega, in British built any part of Europe, fhips, navigated according to law, from any port or place in Europe, upon payment of the duty, and under the reftrictions and limitations herein after-mentioned; any thing in the said act made in the twelfth year of the reign of King Charles the Second, or in any other act or acts of parliament to the contrary in any wife notwithstanding. II. And be it further enacted by the authority aforefaid, That upon payment there fhall be paid to his Majefty, his heirs and fucceffors, for of 10s. per every hundred pounds weight of gum fenega, which at any time hundred or times after the faid tenth day of April one thousand seven weight. hundred and fifty two, fhall be imported or brought into this Bb 2 kingdom, To be under kingdom, from any port or place in Europe, by the importer of fuch gum fenega, before the landing thereof, a duty of ten fhillings; and fo in proportion for any greater or less quantity. III. And be it further enacted by the authority aforefaid, That the manage the said duty hereby granted and made payable, fhall be raised, ment of the levied and collected, by the refpective officers of his Majesty's commissioners of the customs. cuftoms in this kingdom, under the management and direction of the respective commiffioners of the customs for the time being; and that all and every the claufes, powers, directions, penalties, forfeitures, matters and things whatsoever, contained in an act made in the twelfth year of the reign of King Charles the Second, 12 Car. 2. c. 4. intituled, A fubfidy granted to the King of tonnage and poundage, and other fums of money payable upon merchandize exported and imported, or in any other laws or ftatutes whatsoever now in force for raifing, levying, collecting, anfwering and paying the subfidy of tonnage and poundage thereby granted, fhall be applied, practifed and put in execution, for railing, levying, fecuring, collecting, answering and paying the duty by this act granted and made payable, as fully and effectually to all intents and purposes as if all and every the faid claufes, powers, directions, penalties and forfeitures were particularly repeated, and again enacted, in the body of this present act. IV. And be it further enacted by the authority aforefaid, That Making a false if any person or perfons fhall enter, or caufe to be entered, any entry, gum fenega as imported immediately from the place of its growth or produce, or from any of his Majesty's colonies or plantations in America, in order to avoid the payment of the duty by this act granted and made payable, which gum fenega shall afterwards appear to have been imported from fome port or place in Europe, the perfon or perfons making, or caufing to be made, fuch entry or entries, fhall forfeit all fuch gum fenega so entered, and alfo double the value thereof, to be fued for and recovered by bill, plaint or information, in any of his Majesty's courts of record at Westminster, or in the court of Exchequer in Scotland refpectively, wherein no effoin, protection, wager of one molety to law, or more than one imparlance, fhall be allowed; and one the King, and moiety of the faid forfeiture, when recovered, fhall go and be the other to applied to the use of his Majefty, his heirs and fucceffors, and the profecu- the other moiety to the ufe of the perfon or perfons who shall fue or prosecute for the fame. to forfeit the fame, and double the va lue; tor. Onus Probandi to lie on the importers. Duties to be V. Provided always, and be it enacted, That upon all difputes which shall arife touching the port or place from whence any gum fenega fhall have been imported, the Onus Prebandi fhall lie on the importer, and not on the informer or profecutor; any law, cuftom or ufage to the contrary notwithstanding. VI. And be it further enacted by the authority aforefaid, That kept apart, to the money arifing by the duty hereby granted and made payable be applied by (the neceffary charges of raifing the fame excepted) fhall from parliament. time to time be paid into the receipt of his Majefty's exchequer, diftinctly and apart from all other branches of the publick re venues, |