CAP. LI. An Act to amend an Act of the Third Year of King George G. 4, c. 126. WHEREAS by an Act passed in the third Year of the reign of King George the Fourth, intituled An Act to amend the general Laws now in being for the regulating Turnpike Roads in that Part of Great Britain called England, it is amongst other things enacted, that it shall not be lawful for any surveyor, or any other person or persons acting under the authority of this Act, to dig, gather, get, take, or carry away any materials for making or repairing any turnpike road, or for other such purpose or purposes as aforesaid out of or from any inclosed land or ground, until notice in writing signed by the surveyor, shall have been given to the owner or owners of the premises from which such materials are intended to be taken, or his or her known agent, or to the occupiers of the premises from which such materials are intended to be taken, or left at the house or last or usual place of abode of such owner or occupier, to appear before any two or more Justices of the Peace acting in and for the county, liberty, or place where the lands from whence such materials are intended to be taken shall be, to show cause why such materials shall not be had therefrom; and in case such owner, agent, or occupier shall attend pursuant to such notice, but shall not show sufficient cause to the contrary, such Justices shall, if they think proper, authorize such surveyor or other person to dig, get, gather, take, or carry away such materials, at such time or times as to such Justices shall seem proper; and if such owner, agent, or occupier shall neglect or refuse to appear, by himself or herself, or his or her agent, the said Justices shall and may (upon proof on oath of the service of such notice, and which oath they are hereby empowered to administer,) make such order therein as they shall think fit, as fully and effectually to all intents and purposes, as if such owner or occupier, or his or her agent, had attended: And whereas by an Act passed in the session held in the fifth and sixth years of the reign of King William the Fourth, intituled An Act to consoli- 5 & 6 W. 4, date and amend the Laws relating to Highways in that Part of c. 50. Great Britain called England, it is amongst other things enacted, that it shall not be lawful for any surveyor, or any other person acting under the authority of this Act, to dig, gather, get, take, or carry away any materials for making or repairing any highway out of or from any inclosed land or ground, until one calendar month's notice in writing, signed by the surveyor, shall have been given to the owner of the premises from which such materials are intended to be taken, or to his known agent, and to the occupier of the premises from which such materials are intended to be taken, or left at the house or last or usual place of abode of such owner or agent, and also of such occupier, to appear before the Justices at a special sessions for the highways, to show cause why such materials shall not be had therefrom; and in case such owner, agent, or occupier shall attend pursuant to such notice, but shall not show sufficient cause to the contrary, such Justices shall, if they think proper, authorize such surveyor or other person to dig, get, gather, take, and carry away such materials, at such time or times as to such Justices shall seem proper; and if such owner, agent, or occupier shall neglect or refuse to appear by himself or his agent, the said Justices shall and may, upon proof on oath of the service of such notice, make such order therein as they shall think fit, as fully and effectually, to all intents and purposes, as if such owner or occupier, or his agent, had attended: And where as doubts have been entertained whether the words "inclosed land or ground," used in the said recited Acts, include land being the private and exclusive property of any person or persons, but not being actually inclosed with a fence: And whereas large portions of such land are occupied for agricultural purposes by the owners or occupiers thereof respectively, without the same being inclosed with any fence; and it is expedient that the materials referred to in the said recited Acts should not be taken from any such land without previous notice being given to the owners or occupiers thereof, and the authority herein-after mentioned obtained for that purpose: 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 passing of this Act all lands and grounds which shall Occupation of be in the exclusive occupation of one or more persons for agriculagricultural tural purposes shall be deemed and taken to be inclosed lands or Purposes to be grounds within the meaning of the said recited Acts, although the same may not be separated from any adjoining lands or grounds closed Lands. of other persons, or from the highway, by any fence or other inclosure. Lands in the exclusive Persons for deemed in CAP. LII. An Act to amend an Act of the Fourth Year of Her pre- CAP. LIII. An Act to apply certain Sums of Money to the Service of CAP. LIV. An Act to continue until the First Day of January, One thousand eight hundred and forty-four an Act of the last Session of Parliament, for continuing an Act for amending and extending the Provisions of an Act of the First Year of Her present Majesty, for exempting certain Bills of Exchange and Promissory Notes from the Operation of the Laws relating to Usury. CAP. LV. [22nd June, 1841.] An Act further to continue until the first day of April, WHEREAS an Act was passed in the third and fourth years of Her present Majesty's reign, intituled An Act to amead the 3 & 4 Vict. Laws relating to Loan Societies: And whereas it is provided that c. 110. this Act shall continue in force until the thirty-first day of December, one thousand eight hundred and forty-one: And whereas it is expedient further to continue the same: Now be it 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 the said recited Act shall be further continued to the tinued until first of April, One thousand eight hundred and forty-two, and to 1st April, the end of the then session of parliament. CAP. LVI. An Act for taking away the punishment of Death in cer- Recited Act further con 1842. WHEREAS it is expedient to alter and amend various statutes now in force in that part of the United Kingdom called England, relative to certain offences by the said statutes now punishable with death: And whereas by an Act passed in the fifteenth year 15 G. 2, c. 13, of the reign of His late Majesty King George the Second, intituled s. 12. An Act for establishing an Agreement with the Governor and Company Embezzlement of the Bank of England for advancing the Sum of One million six by Servant of hundred thousand Pounds towards the Supply for the service of the Year One thousand seven hundred and forty-two, it was among Note, Bill, other things enacted, that if any officer or servant of the said Dividend Warcompany, being entrusted with any note, bill, dividend warrant, rant, Bond, Bank of England of any Deed, &c. of s. 6. rant, &c. re Annuities Bank of England. bond, deed, or any security, money, or other effects belonging the Company. to the said company, or having any bill, dividend warrant, bond, deed, or any security or effects of any other person or persons lodged or deposited with the said company, or with him as an officer or servant of the said company, should secrete, "embezil," or run away with any such note, bill, dividend warrant, bond, deed, security, money, or effects, or any of them, every officer or servant so offending, and being thereof convicted in due form of Law, should be deemed guilty of felony, and should suffer death as a felon, without benefit of clergy: And whereas also by an Act passed in the thirty-fifth year of the reign of His late Majesty 35 G. 3, c. 66, King George the Third, intituled An Act for making Part of certain Principal Sums or Stock and Annuities raised or created or Embezzlement to be raised or created by the Parliament of the Kingdom of by Servant of Ireland on Loans for the Use of the Government of that Kingdom Bank of England of any transferrable, and the dividends on such Stock and Annuities payable Note, Bill, at the Bank of England, and for the better Security of the ProDividend War- prietors of such Stock and annuities, and of the Governor and Comlating to Irish pany of the Bank of England, it was among other things enacted, that if any officer or servant of the said governor and comtransferred to pany of the bank of England, being entrusted with any note, bill, dividend warrant, or warrant for payment of any annuity or interest or money, or any security, money, or other effects, of or belonging to the said governor and company, or having any note, bill, dividend warrant, or warrant for payment of any annuity or interest or money, or any security, money, or other effects, of any other person or persons, body politic or corporate, lodged or deposited with the said governor and company, or with him as an officer or servant of the said governor and company, in pursuance of this Act, or of the due execution thereof, should secrete, embezzle, orrun away with any such note, bill, dividend or other warrant, security, money, or other effects as aforesaid, or any part thereof, every such officer or servant so offending should be deemed guilty of felony, and should suffer death as a felon, without benefit of clergy: And whereas also by an Act passed in the thirty-seventh year of the 37 G. 3, c. 46, reign of His late Majesty King George the third, intiuled An Act for making certain Annuities created by the Parliament of the KingEmbezzlement dom of Ireland transferrable and the Dividends then payable at the by any Servant Bank of England, and for the better Security of the Proprietors of of Bank of such Annuities and of the Governor and Company of the Bank of Note, Bill, &c. England, it was among other things enacted, that if any officer relating to or servant of the said governor and company of the bank of certain other England, being entrusted with any note, bill, dividend warrant or warrant for payment of any annnity or interest or money or any security, money, or other effects, of or belonging to the said governor and company, or having any note, bill, dividend warrant, or warrant for payment of any annuity or interest or money, or any security, money, or other effects, of any other person or persons, body politic or corporate, lodged or deposited with the said governor and company, or with him as an officer or s. 6. England of any Annuities transferred to Bank of England. any servant of the said governor and company, in pursuance of this Act, or of the due execution thereof, should secrete, embezzle, or run away with any such note, bill, dividend or other warrant, security, money, or other effects, as aforesaid, or any part thereof, every such officer or servant so offending should be deemed guilty of felony, and should suffer death as a felon, without benefit of clergy; And whereas also by an Act passed in the twenty-fourth year of His late Majesty King George the Second, intituled An 24 G. 2, c. 11, Act for reducing the Interest upon the Capital Stock of the South s. 3. Sea Company from the time and upon the Terms therein mentioned, Embezzlement and for preventing of Frauds committed by the Officers and Servants by Servant of of the said Company, it was among other things enacted, that if South Sea officer or servant of the said company, being entrusted with any Notes, Bills, Company of note, bill, dividend warrant, bond, deed, or any security, money, &c. of Comor other effects belonging to the said company, or having any bill, pany. dividend warrant, bond, deed, or any security, money, or effects of any other person or persons lodged or deposited with the said company, or with him as an officer or servant of the said company, should secrete, "embezil," or run away with any such note, bill, dividend warrant, bond, deed, security, money, or effects, or any part of them, every officer or servant so offending, and being thereof convicted in due form of law, should be deemed guilty of felony, and should suffer death as a felon, without benefit of clergy: And whereas also by an Act passed in the fifty-fifth year of His late Majesty King George the Third, intituled An Act for repealing 55 G. 3, c. 184, the Stamp Duties on Deeds, Law Proceedings, and other written or s. 7. printed Instruments, and the Duties on Fire Insurances, and on Stamp Duties Legacies, and Successions and Personal Estates upon Intestacies, now on Deeds. payable in Great Britain, and for granting other 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 provide 1, 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 or 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 |