2. Burning, &c. of. Setting fire to a stack, &c. of corn, grain, straw, hay, &c., or crop of corn, &c. Liability of hundred for. convicted thereof by confession or oath of one witness before one justice, If a person feloniously cut it at one time, and then come again at another time and take it away, it may amount to a felony. (1 Hawk. c. 33, s. 21; see “" Larceny," Vol. III). As to the offence of setting fire to stacks of corn, &c., see the statutes 7 Will. IV. & 1 Vict. c. 89, s. 10, and 7 & 8 Geo. IV. c. 30, s. 17; "Burning," Vol. I., where this offence has already been treated of; and see the general clauses of these enactments, "Malicious Enjuries to Property," Vol. V. As to the liability of the hundred for burning of corn by rioters, &c., see Hundred," Vol. III. 5 Vict. c. 14. 9 Geo. IV. c. 60, repealed. Corn, &c. may be imported from foreign countries, and corn, &c., the produce of the British possessions out of Europe, may be imported thence, on pay ment of the duties specified in the table to this act. III. Ascertaining the Price of Grain for regulating the Emportation and Exportation, &c. The act now in force relative to this subject is the 5 Vict. c. 14, intituled, "An Act to amend the Laws for the Importation of Corn." (29th April, 1842). This act being of so much general public importance, and containing many enactments which affect the office of magistrates, it is thought fit to insert it. The first section, after reciting the 9 Geo. IV. c. 60, repeals the same, provided nevertheless, that all acts or parts of acts, which by virtue of the above-recited act were repealed, shall still be deemed and taken to be and remain repealed." 2. "And whereas it is expedient that corn, grain, meal, and flour, the growth, produce, and manufacture of any foreign country, or of any British possession out of Europe, should be allowed to be imported into the United Kingdom for consumption, upon the payment of duties to be regulated from time to time according to the average price of British corn made up and published in manner hereinafter required; be it therefore enacted, that from and after the passing of this act there shall be levied and paid to her Majesty, upon all corn, grain, meal, or flour entered for home consumption in the United Kingdom from parts beyond the seas, the several duties specified and set forth in the table annexed to this act; and that the said duties shall be raised, levied, collected, and paid in such and the same manner in all respects as the several duties of customs mentioned and enumerated in the table of duties of customs inwards annexed to an act passed in the session of 3 & 4 Will. 4, c. 56. Parliament held in the third and fourth years of the reign of his late Repeal of 5 & 6 Will. 4, c. 13, imposing the same duties on the importation of foreign corn into the Isle Majesty King William the Fourth, intituled 'An Act for Granting Duties of Customs, hereinafter referred to as the Customs Duties Act, and by virtue and in pursuance of the several Powers and Provisions in that Act contained, and in the Acts amending the same, and not otherwise." 3. "And whereas by an act passed in the session of Parliament held in the fifth and sixth years of his late Majesty King William the Fourth, intituled 'An Act to regulate the Importation of Corn into the Isle of Man,' it was enacted, that it should not be lawful to import into of Man as into the the Isle of Man any foreign corn, grain, meal, or flour, except upon 3. Importation, &c. 5 Vict. c. 14. United Kingdom, under 9 Geo. 4, c. 60. payment of the same duties as were by the said recited act of the ninth year of his late Majesty King George the Fourth made payable on the importation into the United Kingdom of corn, grain, meal, or flour, which duties were by the said act now in recital directed to be ascertained, levied, and paid as therein is mentioned: and whereas it is expedient that the duties payable on foreign corn, grain, meal, or flour imported into the Isle of Man should be the same as those payable on the importation of foreign corn, grain, meal, or flour into the United Kingdom, and that for this purpose the said recited act for regulating the importation of corn into the Isle of Man should be repealed, and such provision should be made in that behalf as hereinafter is contained; be it therefore enacted, that the said recited act regulating the importation of corn into the Isle of Man shall be and the same is hereby repealed; and that from and after the passing of this act it shall not be lawful to import into the Isle of Man any foreign corn, grain, meal, or flour, except upon payment of the same duties as are by this act made payable upon corn, grain, meal, or flour imported from any foreign country, and entered for home consumption in the United Kingdom; and such duties shall be levied, collected, and paid in such and the same manner as if the same had been imposed by an act passed in the session of Parliament held in the third and fourth years of the reign of his late Majesty King William the Fourth, intituled 'An Act for regulating 3 & 4 Will. 4 c. 60 the Trade with the Isle of Man." 4. Provided always, "That all actions, suits, and prosecutions now depending or hereafter to be brought, for or by reason of any breach or non-performance of any of the provisions of the said acts hereby repealed, or either of them, or for the recovery of any duties or sums of money payable under or by virtue of the same acts or either of them, shall and may be proceeded with as fully and effectually to all intents and purposes as if this present act had not been made." Foreign corn may the Isle of Man be imported into upon the same duby this act on foties as are imposed reign corn imported into the United Kingdom. Actions &c., for breach of provi sions of acts hereby repealed, or for duties payable under them, may be proceeded with." Regulations to be ping corn from any British possession out of Europe, observed on ship Regulations as to entering such corn for importation. 5. Provided always, "That no corn, grain, meal, or flour shall be shipped from any port in any British possession out of Europe as being the produce of any such possession, until the owner or proprietor or shipper thereof shall have made and subscribed, before the collector or other chief officer of customs at the port of shipment, a declaration in writing, specifying the quantity of each sort of such corn, grain, meal, or flour, and that the same was the produce of some British possession out of Europe to be named in such declaration, nor until such owner or proprietor or shipper shall have obtained from the collector or other chief officer of the customs of the said port a certificate, under his signature, of the quantity of corn, grain, meal, or flour so declared to be shipped; and before any corn, grain, meal, or flour shall be entered at any port or place in the United Kingdom as being the produce of any British possession out of Europe the master of the ship importing the same shall produce and deliver to the collector or other chief officer of customs of the port or place of importation a copy of such declaration, certified to be a true and accurate copy thereof, under the hand of the collector and other chief officer of customs at the port of shipment before whom the same was made, together with the certificate, signed by the said collector or other chief officer of customs, of the quantity of corn so declared to be shipped; and such master shall also make and subscribe, Declaration to be before the collector or other chief officer of customs at the port or place of importation, a declaration in writing, that the several quantities of corn, grain, meal, or flour on board such ship, and proposed to be entered under the authority of such declaration, are the same that were mentioned and referred to in the declaration and certificate produced by him, without any admixture or addition; and if any person shall in any such declaration wilfully and corruptly make any false statement respecting the place of which any such corn, grain, meal, or flour was the produce, or respecting the identity of any such corn, grain, meal, or flour, such person shall forfeit and become liable to pay to her Ma- Penalty and for made by master. 3. Importation, &c. 5 Vict. c. 14. feitures for making false state ments. Prohibition of im jesty the sum of one hundred pounds, and the corn, grain, meal, or flour to such person belonging on board any such ship shall also be forfeited; and such forfeitures shall and may be sued for, prosecuted, recovered, and applied in such and the same manner in all respects as any forfeiture incurred under and by virtue of the said Customs Duties Act." 6. Provided always, "That it shall not be lawful to import from portation of malt, parts beyond the seas into the United Kingdom, for consumption there, except as herein mentioned. Account of corn imported, corn upon which duty is paid, rates of duty, and corn in warehouse, to be don Gazette monthly. any malt, or any corn ground, except wheat, meal, wheat flour, and oatmeal; and that if any such article as aforesaid shall be imported contrary to this provision the same shall be forfeited; and such forfeitures shall and may be sued for, prosecuted, recovered, and applied in such and the same manner in all respects as any forfeiture incurred under and by virtue of the said Customs Duties Act." 7. Provided always, "That the commissioners of her Majesty's customs shall once in each calendar month cause to be published in the London Gazette an account of the total quantity of each sort of the corn, grain, meal, and flour respectively, which shall have been impublished in Lon- ported into the United Kingdom, and also an account of the total quantity of each sort of the corn, grain, meal, and flour respectively upon which the duties of importation shall have been paid in the United Kingdom during the calendar month next preceding, and of the several rates of duty which shall from time to time during such month have been payable upon each sort of corn, grain, meal, and flour respectively, together with an account of the total quantity of each sort of the said corn, grain, meal, and flour respectively remaining in warehouse at the end of such next preceding calendar month." If any foreign British vessels, goods, &c. to any higher duties or charges than are levied on the vessels, &c. of other countries, her Ma vice of her privy council, may prohibit the importation of corn from such state. 8. Provided always, "That if it shall be made to appear to her state shall subject Majesty in council that any foreign state or power hath subjected British vessels at any port within the dominions of such state or power to any other or higher duties or charges whatever than are levied on national vessels at any such port, or hath subjected at any such port goods, the growth, produce, or manufacture of any of her Majesty's dominions, jesty, with the ad- when imported from any of such dominions in British vessels, to any other or higher duties or charges whatever than are levied on such or the like goods, of whatever growth, produce, or manufacture, when so imported in national vessels, or hath subjected, at any port or place within the dominions of such foreign state or power, any article of the growth, produce, or manufacture of her Majesty's dominions, when imported from any of such dominions in British vessels or in national vessels, to any duties or charges which would not be payable on the like article being of the growth, produce, or manufacture of any other country, and imported from such other country in national vessels; or that any such foreign state or power hath granted any bounties, drawbacks, or allowances upon the exportation from any port or place within the dominions thereof of any articles, the growth, produce, or manufacture of the dominions of any other foreign state or power, which hath not also been granted upon the exportation from such port or place of such or the like articles, being the growth, produce, or manufacture of her Majesty's dominions; then and in any of the cases aforesaid it shall and may be lawful for her Majesty, by any order or orders to be by her made, with the advice of her privy council, to prohibit the importation of all or of any sort of corn, grain, meal, or flour from the dominions of any such foreign state or power; and it shall also be lawful for her Majesty from time to time, with the advice of her privy council, to revoke and to renew any such orders or order as aforesaid, Weekly returns of purchases and sales of corn to be made in the places herein mentioned. as there shall be occasion." 9. "And whereas it is necessary, for regulating the amount of such duties, that effectual provision should be made for ascertaining from time to time the average prices of British corn; be it therefore enacted, that weekly returns of the purchases and sales of British corn shall be made, collected, and transmitted in the manner hereinafter directed, in and from the cities and towns named in the schedule of cities and towns annexed to this act." 10. "That it shall be lawful for her Majesty to appoint a fit and proper person to be comptroller of corn returns for the purposes hereinafter mentioned, and to grant to such comptroller of corn returns such salary and allowances as to her Majesty shall seem meet: Provided always, that such person shall be appointed to and shall hold such his office during her Majesty's pleasure, and not otherwise, and shall at all times conform to and obey such lawful instructions touching the execution of the duties of such his office as shall from time to time be given to him by the lords of the committee of privy council appointed for the consideration of all matters relating to trade and foreign plantations." 11. "That the said comptroller of corn returns shall at all times execute the duties of such his office in person, and not by deputy; but that it shall be lawful for her Majesty to appoint a fit and proper person who shall act as deputy comptroller of corn returns in case of the sickness or other incapacity of the said comptroller, or in case he the said comptroller should, with the permission of the lords of the said committee of privy council, be absent from the duties of such his office; and all and every the powers hereby vested in the said comptroller of corn returns, and all and every the acts, matters, and things hereby directed to be done and performed by him, shall be vested in and shall and may be done and performed by any such deputy as aforesaid, during the continuance of any such sickness, incapacity, or absence as aforesaid of the said comptroller of corn returns; and such deputy shall hold such his office during her Majesty's pleasure, and not otherwise, and shall receive and be paid such salary and allowances as to her Majesty shall seem meet." 12. That it shall be lawful for the lord mayor and aldermen of the city of London, at a court to be holden for that purpose, and they, or the majority of them present at such court, are hereby authorized and required, to nominate and appoint some fit and proper person to be inspector of corn returns for the city of London; and it shall be lawful for the said lord mayor and aldermen, from time to time, as occasion may require, upon any misbehaviour or neglect of duty of any such inspector, to remove him from such his office, by any order to be by them made at a court to be specially convened and holden for that purpose; and upon the death, resignation, permanent incapacity, or removal of any such inspector of corn returns for the city of London, it shall be lawful for the said lord mayor and aldermen, at a court to be holden for that purpose, and they, or a majority of them present at any such court, are hereby authorized and required to nominate and appoint some fit and proper person to succeed to the said office." 13. "That the said inspector of corn returns for the city of London shall at all times execute the duties of such his office in person, and not by deputy; but that in case of the sickness or other temporary incapacity of the said inspector it shall be lawful for the said lord mayor and aldermen of the city of London to appoint some fit and proper person to act as the deputy of the said inspector during the continuance of any such sickness or incapacity as aforesaid of that officer, and no longer; and all and every the powers hereby vested in the said inspector of corn returns for the city of London, and all and every the acts, matters, and things hereby directed to be done and performed by him, shall and may be vested in and be done and performed by any such deputy as aforesaid, during the continuance of such his appointment." 3. Importation, &c. 5 Vict. c. 14. Power of appointing comptroller of corn returns. Comptroller not to act by deputy, excases. cept in certain Power of appoint ing a deputy. Lord Mayor, &c. to appoint an inspector of corn returns for the city of London. Said inspector not to execute his of fice by deputy, except in certain cases. 14. "And whereas it is expedient that the inspectors of corn returns Chancellors of the for the city of Oxford and the town of Cambridge respectively should, Universities of Ox 3. Importation, &c. 5 Vict. c. 14. ford and Cambridge to appoint and remove in spectors of corn re turns for the said city and town. No person dealing in corn, flour, or malt to be ap pointed inspector or deputy inspector of corn returns for the cities of London or Oxford or as heretofore, be appointed and removed by the chancellors, masters, and scholars of the respective Universities of Oxford and Cambridge, and should perform, as heretofore, the duties of their respective offices, and that the chancellors, masters, and scholars of the said respective Universities should have power to suspend such inspectors respectively as hereinafter is mentioned; be it therefore enacted, That the chancellors, masters, and scholars of the Universities of Oxford and Cambridge respectively shall and they are hereby respectively authorized and required to nominate and appoint some fit and proper person to be the inspector of corn returns for the city of Oxford and the town of Cambridge respectively, and it shall be lawful for the said chancellors, masters, and scholars respectively, from time to time as occasion may require, upon any misbehaviour or neglect of duty of any such inspector, or for any other good and sufficient cause to them respectively appearing, to remove or suspend any such inspector from his office; and upon the death, resignation, removal, or suspension of any such inspector of corn returns for the city of Oxford or town of Cambridge it shall be lawful for the said respective chancellors, masters, and scholars, and they are hereby authorized and required, respectively to nominate and appoint some fit and proper person to succeed to the said office vacant by such death, resignation, or removal, or to hold the same during the continuance of such suspension (as the case may be)." 15. " That no person shall be eligible or shall be appointed to the office of inspector or deputy inspector of corn returns for the city of London, or to the office of inspector of corn returns for the city of Oxford or the town of Cambridge, who, within six months next preceding the time of any such appointment, shall have been engaged in trade or business as a miller, maltster, or corn factor, or who during that town of Cambridge. period shall, as a merchant, clerk, agent, or otherwise, have bought corn for sale, or for the sale of meal, flour, malt, or bread made or to be made thereof; and if any inspector or deputy inspector of corn returns for the city of London, or any inspector of corn returns for the city of Oxford or the town of Cambridge, shall, during his continuance in such his office, engage in trade or business as a miller, maltster, or corn factor, or shall, as a merchant, clerk, agent, or otherwise, buy corn for sale, or for the sale of meal, flour, malt, or bread made or to be made thereof, he shall in manner aforesaid be removed from such his office, and from and after the time of such removal shall become incapable of acting as inspector of corn returns under this act." Appointments of don, Oxford, and Cambridge to be enrolled. 16. "That every nomination and appointment so to be made as aforeinspectors for Lon- said of any inspector of corn returns for the city of London, or of any inspector of corn returns for the city of Oxford or the town of Cambridge, shall be enrolled at the next sessions of the peace to be holden in and for such city or town; and the said enrolment, or a copy thereof, certified under the hand of the clerk of the peace for the said city of London, or under the hand of the town clerk of the said city of Oxford, or of the town clerk of the said town of Cambridge, as the case may be, to be a true copy, shall, for all intents and purposes, be and be deemed and taken to be good and conclusive evidence of any such appointment as aforesaid having been duly made.” Dealers in corn in in a declaration to the lord mayor, &c. 17. "That every person who shall carry on trade or business in the London to deliver city of London, or within five miles from the Royal Exchange in the said city, as a corn factor, or as an agent employed in the sale of British corn, and every person who shall sell any British corn within the present Corn Exchange in Mark Lane in the said city, or within any other building or place which now is or may hereafter be used within the city of London, or within five miles from the Royal Exchange in the said city, for such and the like purposes for which the said Corn Exchange in Mark Lane hath been and is used, shall, before he or they shall carry on such trade or business, or sell any corn in manner |
