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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 whereas 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 parLands in the liament assembled, and by the authority of the same, That from exclusive

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 agriculPersons for agricultural

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 deemed in

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.

CAP. LII.
An Act to amend an Act of the Fourth Year of Her pre-

sent Majesty, intituled An Act for facilitating the
Administration of Justice in the Court of Chancery.

[21st June, 1841.]

CAP. LIII.
An Act to apply certain Sums of Money to the Service of

the Year One thousand eight hundred and forty-one,
and to appropriate the Supplies granted in this Session
of Parliament.

[22nd June, 1841.]

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.

[22nd June, 1841.]

CAP. LV.
An Act further to continue until the first day of April,

One thousand eight hundred and forty-two, an Act of
the Third and Fourth Year of the Reign of Iler present
Majesty, intituled An Act to amend the Laws relating
to Loan Societies.

[22nd June, 1841.] 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 Spiriiual and Temporal, and Commons,

Recited Act in this present parliament assembled, and by the authority of the

further consame, 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.

1842.

CAP. LVI.
An Act for taking away the punishment of Death in cer-

tain Cases, and substituting other Punishments in lieu
thereof.

[22nd June, 1841.] 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

Bank of Enhundred thousand Pounds towards the Supply for the service of the Year One thousand seven hundred and forty-two, it was among Note, Bill,

gland of any other things enacted, that if any officer or servant of the said Dividend Warcompany, being entrusted with any note, bill, dividend warrant, rant, Bond,

S. 6.

Deed, &c. of 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 sich Stock and annuities, and of the Governor and Comrant, &c. re

pany of the Bank of England, it was among other things enacted, lating to Irish

that if any officer or servant of the said governor and comAnnuities transferred to pany of the bank of England, being entrusted with any note, Bank of bill, dividend warrant, or warrant for payment of any annuity or England. 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 depo-
sited 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 England of any

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 Annuities

or warrant for payment of any annnity or interest or money or transferred to Bank of

any security, money, or other effects, of or belonging to the said England. 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.

or

servant of the said governor and company, in pursuance of this Act, or of the due execution thereof, should secrete, embezzle, 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 Oficers and Servants by Servant of of the said Company, it was among other things enacted, that if any South Sea officer or servant of the said. company, being entrusted with any

Company of

Notes, Bills, 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 suci 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 55 G. 3, c. 185, An Act for repealing the Stamp Office Duties on Advertisements, $. 7.

Newspapers, Gold and Silver Plate, Stage Coaches, and Licences for Stamp Duties keeping Stage Coaches, now payable in Great Britain, and for on Gold and

granting new Duties in lieu thereof, it was among other things Silver Plate.

enacted, that if any person should 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 the Fourth, 6 G. 4, c. 85, intituled An Act for further regulating the Payment of the Salaries

and Pensions to the Judges of His Majesty's Courts in India, and Returning the Bishop of Calcutta, for authorizing the Transportation of

Offenders from the Island of Saint Helena ; and for more effectually portation.

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 Great Britain or Ireland, before the end of the term for which he or she 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 as a person attainted of felony without benefit of clergy, and that execution 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

s. 18.

from Trans

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