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s. 6.

servant of Bank

dend warrant, &c.

annuities trans

ferred to Bank of

England.

s. 6.

Death, Punish- company, or with him as an officer or servant of the said company, sho ment of. secrete, "embezil," or run away with any such note, bill, dividend warr bond, deed, security, money, or effects, or any of them, every office 4 & 5 Vict. c. 56. servant so offending, and being thereof convicted in due form of should be deemed guilty of felony, and should suffer death as a fe without benefit of clergy: and whereas also by an act passed in thirty-fifth year of the reign of his late majesty king George the Th 35 Geo. III. c. 66. intituled An Act for making Part of certain Principal Sums or St and Annuities raised or created or to be raised or created by the Pa Embezzlement by ment of the Kingdom of Ireland on Loans for the Use of the Govern of England of any of that Kingdom transferrable, and the Dividends on such Stock and note, bill, divi- nuities payable at the Bank of England, and for the better Security of relating to Irish Proprietors of such Stock and Annuities, and of the Governor and ( pany of the Bank of England,' it was among other things enacted, if any officer or servant of the said governor and company of the Bar England, being intrusted with any note, bill, dividend warrant, or rant for payment of any annuity or interest or money, or any secu money, or other effects, of or belonging to the said governor and comp or having any note, bill, dividend warrant, or warrant for payment of annuity or interest or money, or any security, money, or other effect any other person or persons, body politic or corporate, lodged or d sited with the said governor and company, or with him as an offic servant of the said governor and company, in pursuance of this act, the due execution thereof, should secrete, embezzle, or run away with such note, bill, dividend or other warrant, security, money, or other e as aforesaid, or any part thereof, every such officer or servant so offen should be deemed guilty of felony, and should suffer death as a f without benefit of clergy: and whereas also by an act passed in 37 Geo. III. c. 46. thirty-seventh year of the reign of his late majesty king George the T intituled "An Act for making certain Annuities created by the P ment of the Kingdom of Ireland transferrable, and the Dividends payable, at the Bank of England, and for the better Security of the prietors of such Annuities and of the Governor and Company of the of England," it was among other things enacted, that if any offic servant of the said governor and company of the Bank of England, I ferred to Bank of intrusted with any note, bill, dividend warrant, or warrant for payme any annuity or interest or money, or any security, money, or other ef of or belonging to the said governor and company, or having any bill, dividend warrant, or warrant for payment of any annuity or int or money, or any security, money, or other effects, of any other pers persons, body politic or corporate, lodged or deposited with the sai vernor and company, or with him as an officer or servant of the sai vernor and company, in pursuance of this act, or of the due exec thereof, should secrete, embezzle, or run away with any such note, dividend or other warrant, security, money, or other effects, as afore or any part thereof, every such officer or servant so offending st be deemed guilty of felony, and should suffer death as a felon wit benefit of clergy: and whereas also by an act passed in the twenty-f year of his late majesty king George the Second, intituled “An At reducing the Interest upon the Capital Stock of the South Sea Com from the Time and upon the Terms therein mentioned, and for preve of Frauds committed by the Officers and Servants of the said Compa it was among other things enacted, that if any officer or servant o said company, being intrusted with any note, bill, dividend warrant, b deed, or any security, money, or other effects belonging to the said pany, or having any bill, dividend warrant, bond, deed, or any sect money, or effects of any other person or persons lodged or deposited the said company, or with him as an officer or servant of the said pany, should secrete, "embezil," or run away with any such note, bill vidend warrant, bond, deed, security, money, or effects, or any pa them, every officer or servant so offending, and being thereof convicte

Embezzlement by Bank of England of any note, bill,

any servant of

&c. relating to certain other annuities trans

England.

24 Geo. II. c. 11.

s. 3.

Embezzlement by Sea Company of notes, bills, &c.

servant of South

of company.

s. 7.

deeds.

55 Geo. II.c.185

due form of law, should be deemed guilty of felony, and should suffer Death, Punishdeath as a felon, without benefit of clergy: and whereas also by an act ment of. passed in the fifty-fifth year of his late majesty king George the Third, intituled "An Act for repealing the Stamp Duties on Deeds, Law Pro- 4 & 5 Vict. c. 56. ceedings, and other written or printed Instruments, and the Duties on 55 Geo. III. c. 184. Fire Insurances, and on Legacies, and Successions and Personal Estates upon Intestacies, now payable in Great Britain, and for granting other Stamp duties on Duties in lieu thereof," it was among other things enacted, that if any person should privately and secretly use any stamp or die which should have been provided, made, or used in pursuance of that act, or of any former act or acts relating to any stamp duty or duties, with intent to defraud his majesty, his heirs or successors, of any of the said duties, or any part thereof, or if any person should fraudulently cut, tear, or get off, or cause or procure to be cut, torn, or got off, the impression of any stamp or die which should have been provided, made, or used, in pursuance of that or any former act, for expressing or denoting any duty or duties under the care and management of the commissioners of stamps, or any part of such duty or duties, from any vellum, parchment, or paper whatsoever, with intent to use the same for or upon any other vellum, parchment, or paper, or any instrument or writing, charged or chargeable with any of the duties thereby granted, then and in every such case every person so offending, and every person knowingly and wilfully aiding, abetting, or assisting any person or persons in committing any such offence as aforesaid, and being thereof lawfully convicted, should be adjudged guilty of felony, and should suffer death as a felon, without the benefit of clergy: and whereas also by an act passed in the fifty-fifth year of the reign of his said late majesty king George the Third, intituled "An Act s. 7. for repealing the Stamp Office Duties on Advertisements, Newspapers, Gold and Silver Plate, Stage Coaches, and Licences for keeping Stage Coaches, now payable in Great Britain, and for granting new Duties in Stamp duties on hieu thereof," it was among other things enacted, that if any person should gold and silver plate. transpose or remove, or cause to be transposed or removed, from one piece of gold or silver plate to another, or to any vessel or ware of base metal, any impression made with any mark, stamp, or die, which should have been proved made, or used, in pursuance of that or any former act, for the purpose of marking or stamping of any such gold or silver plate as aforesaid, or if any person should sell, exchange, or expose to sale, or export out of Great Britain, any such gold or silver plate, or any vessel or ware of base metal, having thereupon any impression of any mark, stamp, or die which should have been transposed or removed from any other piece of plate as aforesaid, knowing the same respectively to be transposed or removed as aforesaid, or if any person should privately and secretly use any mark, stamp, or die so provided, made, or used as aforesaid, with intent to defraud his majesty, his heirs or successors, then every person so offending, and every person knowingly and wilfully aiding, abetting, and assisting any person or persons in committing any such offence as aforesaid, and being thereof lawfully convicted, should be adjudged guilty of felony, and should suffer death as a felon, without benefit of clergy: and whereas by an act passed in the sixth year of the reign of king George 6 Geo. IV. c. 85. the Fourth, intituled "An Act for further regulating the Payment of the Salaries and Pensions to the Judges of His Majesty's Courts in India, and the Bishop of Calcutta; for authorizing the Transportation of Offenders from the Island of Saint Helena; and for more effectually providing for the Administration of Justice in Singapore and Malacca, and certain Colonies on the Coast of Coromandel," it is among other things enacted, that if any offender sentenced or ordered by the governor and council of the island of Saint Helena to be transported from the said island to any such place as is therein mentioned or referred to should return to the said island of Saint Helena, or come into any of the territories or acquisitions of his majesty, or of the United Company of Merchants of England trading to the East Indies in the East Indies, or shall come into any part of

s. 18. Returning from transportation.

Death, Punish- Great Britain or Ireland, before the end of the term for which he or she ment of. should be so sentenced or ordered to be transported as aforesaid, he or she so returning or coming as aforesaid should be liable to be punished 4 & 5 Vict. c. 56. as a person attainted of felony without benefit of clergy, and that execu tion should and might be awarded against such offender accordingly: and whereas it is expedient that the said several offences should no longer be punishable with death; be it therefore enacted by the queen'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 from and after the commencement of this act, if any person shall be convicted of any of the offences bereir before specified, such person shall not be subject to any sentence, judg ment, or punishment of death, but shall, instead of the sentence or judg ment in and by the said several acts hereinbefore recited ordered to be given or awarded against persons convicted of the said offences, or any of them respectively, be liable, at the discretion of the court, to be transported beyond the seas for the term of the natural life of such person, c for any term not less than seven years, or to be imprisoned for any time not exceeding three years."

Certain offences of forgery and embezzlement not

to be punishable

with death.

Punishment.

7 & 8 Geo. IV. c. 30. s. 8.

Riotous demolihouses, &c. not to

tion of churches,

be punishable with death.

Punishment.

9 Geo. IV. c. 31. ss. 16 & 17.

Rape, &c. not to be punishable with death.

Sect. 2. "And whereas by an act passed in the eighth year of the reign of his late majesty king George the Fourth, intituled An Act for consolidating and amending the Laws in England relative to malicious Injurie to property,' it was amongst other things enacted, that if any person riotously and tumultuously assembled together to the disturbance of th public peace should unlawfully and with force demolish, pull down, u destroy, or begin to demolish, pull down, or destroy, any church chapel, or any chapel for the religious worship of persons dissenting from the united church of England and Ireland, duly registered or re corded, or any house, stable, coach-house, outhouse, warehouse, office shop, mill, malthouse, hop-oast, barn, or granary, or any building or erec tion used in carrying on any trade or manufacture, or any branch thereof or any machinery, whether fixed or moveable, prepared for or employed any manufacture or in any branch thereof, or any steam engine or othe engine for sinking, draining, or working any mine, or any staith, build ing, or erection used in conducting the business of any mine, or any bridge waggon-way, or trunk for conveying minerals from any mine, every suc offender should be deemed guilty of felony, and being convicted theres should suffer death as a felon; and that in case of every felony punish able under that act every principal in the second degree and every acces sory before the fact, should be punishable with death or otherwise, the same manner as the principal in the first degree was by that act punishable and whereas it is expedient that the said last-mentioned offences should be no longer punishable with death; be it therefore enacted, Tha from and after the commencement of this act, if any person shall be convicted of any of the said offences hereinbefore last specified, whether as principal, or as principal in the second degree, or as accessory before the fact, such person shall not be subject to any sentence, judgment, or punishment of death, but shall, instead of the sentence or judgment in and by the said act hereinbefore last recited ordered to be given or awarded against persons convicted of the said last-mentioned offences, or any of them respectively, be liable, at the discretion of the court, to be transported beyond the seas for any term not less than seven years, or to be imprisoned for any time not exceeding three years."

Sect. 3. "And whereas also by an act passed in the ninth year of the reign of his said late majesty king George the Fourth, intituled 'An Act for consolidating and amending the Statutes in England relative to Offences against the Person,' it was amongst other things enacted, that every person convicted of the crime of rape should suffer death as a felon, and that if any person should unlawfully and carnally know and abuse any girl under the age of ten years, every such offender should be guilty of felony, and being convicted thereof should suffer death as a felon: and

ment of.

reas it is expedient that the said several offences hereinbefore last Death, Punishified should no longer be punishable with death; be it therefore ted, That from and after the commencement of this act, if any person be convicted of any of the said offences hereinbefore last specified, + & Vict. c. 56. person shall not be subject to any sentence, judgment, or punisht of death, but shall, instead of the sentence or judgment in and by aid act hereinbefore last recited ordered to be given or awarded 1st persons convicted of the said last-mentioned offences, or any of respectively, be liable to be transported beyond the seas for the Punishment. of his natural life."

without hard

ct. 4. "That in awarding the punishment of imprisonment for any Imprisonment Ice punishable under this act, it shall be lawful for the court to direct may be with or punishment to be with or without hard labour in the common gaol labour. use of correction, and also to direct that the offender shall be kept litary confinement for any portion or portions of such imprisonment, her the same be with or without hard labour, not exceeding one that any one time, and not exceeding three months in any one year, the court in its discretion shall seem meet."

c. 38, or 4 Geo.

ct. 5. "That nothing in that act contained shall be construed to ex- Act not to alter to the alteration or repeal of any of the powers, provisions, or regu- 5 & 6 Will. IV. ns contained in an act passed in the fifth and sixth years of the reign iv.c. 64. is late majesty king William the Fourth, intituled An Act for effectgreater Uniformity of Practice in the Government of the several ons of England and Wales, and for appointing Inspectors of Prisons reat Britain,' or in an act passed in the fourth year of his majesty George the Fourth, intituled An Act for consolidating and amendhe Laws relating to the building, repairing, and regulating of certain s and Houses of Correction in England and Wales."

ct. 6. "That none of the offences hereinbefore specified shall be Offences not to be or triable before any justices of the peace at any general or quarter tried at sessions. ons of the peace."

et. 7. "That this act shall commence and take effect on the 1st day Commencement of ctober, 1841."

act.

the 6 Vict. c. 10, intituled “ An Act for removing Doubts as to the 6 Vict. c. 10.
shment which may be awarded under the Provisions of an Act of the
th and Fifth Years of Her present Majesty, for taking away the
shment of Death in certain Cases,' for certain Offences therein
ified," [11th April, 1843,] reciting that in and by the 4 & 5 Vict. c. 56,
is amongst other things enacted, that by an act passed in the eighth
of the reign of his late majesty king George the Fourth, intituled,
1 Act for consolidating and amending the Laws relating to malicious
ries to Property," it was amongst other things enacted, that if any
ons riotously and tumultuously assembled together to the disturbance
e public peace should unlawfully and with force demolish, pull down,
lestroy, or begin to demolish, pull down, or destroy, any church or
pel, or any chapel for the religious worship of persons dissenting from
united church of England and Ireland, duly registered or recorded, or
house, stable, coach-house, outhouse, warehouse, office, shop, mill,
thouse, hop-oast, barn, granary, or any building or erection used in
ying on any trade or manufacture, or any branch thereof, or any
binery, whether fixed or moveable, prepared for or employed in any
ufacture, or in any branch thereof, or any steam engine or other
ine for sinking, draining, or working any mine, or any staith, building,
rection used in conducting the business of any mine, or any bridge,
gon-way, or trunk for conveying minerals from any mine, every such
nder should be deemed guilty of felony, and being convicted thereof
uld suffer death as a felon; and that in case of every felony punishable
ler that act every principal in the second degree and every accessory
ore the fact should be punishable with death or otherwise, in the same
nner as the principal in the first degree was by that act punishable: and
ereas it was expedient that the said last-mentioned offences should be

6 Vict. c. 10.

Death, Punish- no longer punishable with death; that from and after the commencement ment of. of the said act of the fourth and fifth years of the reign of her presen majesty, if any person should be convicted of any of the offences herein before specified, whether as principal, or as principal in the second degree or as accessory before the fact, such person should not be subject to any sentence, judgment, or punishment of death, but should, instead of th sentence or judgment in and by the said act herein before first recited ordered to be given and awarded against persons convicted of the above mentioned offences or any of them respectively, be liable, at the discretion of the court, to be transported beyond the seas for any term not less than seven years, or to be imprisoned for any time not exceeding three years and whereas doubts have arisen whether such offenders are liable, unde the provisions of the said act of the fourth and fifth years of the reigne her present majesty hereinbefore recited, to be transported beyond th seas for the term of their natural lives, and that it is expedient to pr an end to such doubts; it is therefore enacted, "That from and after th offences herein- passing of this act, if any person shall be convicted of any of the offence herein before in the said act first above recited specified, such person sha be liable at the discretion of the court, to be transported beyond the se for the term of the natural life of such person, or for any term not est than seven years, or to be imprisoned, with or without hard labour, fx any time not exceeding three years."

Punishment for

before specified.

Disorderly houses.

Disorderly House.

AN action, founded on the statute 25 Geo. II. c. 36, by one of tw inhabitants who had given information, &c. to the parish constable A. R. keeping a disorderly house, in consequence of which A. R. wa indicted and pleaded guilty to the charge, was held to be properly brougi against two defendants, who, though not overseers at the time of the tra of A. R., were overseers at the time A. R. was brought up for judgmen Held also, that it was sufficient to show a demand made upon, and a r fusal made by the defendants to pay the plaintiff the reward of 10. order to entitle him to maintain the action against them for the doul penalty given by the act, although there were also churchwardens, up whom no demand had been made. (Burgess v. Boetefeur, 13 Law J., N. S Mag. Cas. 122.)

It was made a question, but not decided in that case, whether church wardens are overseers within the stat. 25 Geo. II. c. 36.

Distress for rent.

Distress for Rent.

A COMMITMENT under 11 Geo. II. c. 19, s. 4, for fraudulent remova of goods, omitted to state a complaint, in writing, by the landlord, hi bailiff, agent, or servant. The order of adjudication stated the defendan to have been duly charged, in writing, before the magistrate. The cour held the commitment to be bad. (Ex parte Fuller, 13 Law J., N. S. M. C. 141.)

6 & 7 Vict. c. 85.

Evidence and Witnesses.

By the 6 & 7 Vict. c. 85, intituled " An Act for improving the Law of Evidence," [22nd August, 1843,] reciting that the inquiry after truth in courts of justice is often obstructed by incapacities created by the present law, and it is desirable that full information as to the facts in issue, both in criminal and in civil cases, should be laid before the persons who are appointed to decide upon them, and that such persons should exercise

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