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and after the commencement of this Act, if any person shall be Certain convicted of any of the offences herein-before specified, such per
Offences of son shall not be subject to any sentence, judgment, or punishment
Embezzlement of death, but shall, instead of the sentence or judgment in and by not to be the said several Acts herein-before recited ordered to be given or punishable awarded against persons convicted of the said offences, or any of with Death. them respectively be liable, at the discretion of the court, to be Punishment. transported beyond the seas for the term of the natural life of such person, or for any term not less than seven years, or to be imprisoned for any time not exceeding three years.
2. And whereas by an Act passed in the eighth year of the reign 7 & 8 G. 4, of His late Majesty King George the Fourth, intituled An Act for c. 30, s. 8. consolidating und amending the Laws in England relative to ma- Riotous licious Injuries to Property, it was amongst other things enacted, Demolition
of Churches, that if any persons riotously and tumultuously assembled together to
Houses, &c. the disturbance of the public peace should unlawfully and with the not to be force demolish, pull down, or destroy, or begin to demolish, pull punishable down or destroy, any church or chapel, or any chapel for the reli- with Death. gious worship of persons dissenting from the united church of England and Ireland, duly registered or recorded, or any house, stable, Coach-house, outhouse, warehouse, office, shop, mill, malthouse, hop-oast, barn, or granary, or any building or erection used in carrying on any trade or manufacture, or any branch thereof, or any machinery, where fixed or moveable, prepared for or employed in any manufacture or in any branch thereof, or any steam engine or other engine for sinking, draining, or working any mine, or any staith, building, or erection used in conducting the business of any mine, or any bridge, waggon-way, or trunk for conveying minerals from any mine, every such offender should be deemed guilty of felony, and being convicted thereof should suffer death as a felon ; and that in case of every felony punishable under that Act every principal in the second degree, and every accessory before the fact, should be punishable with death or otherwise, in 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, That from and after the commencement of this Act, if any person shall be convicted of any of the said offences herein-before 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 herein-before 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 Punishment. beyond the seas for any term not less than seven years, or to be imprisoned for any term not exceeding three years. 3. And whereas also by an Act passed in the ninth year
9 G. 4. c. 31, reign of His said late Majesty King George the Fourth, intituled ss. 16 & 17.
Rape, &c. not An Act for consolidating and amending the Statutes in England reto be punish- lative to Offences against the Person, it was amongst other things able with Death.
enacted, that every person convicted of the crime of rape should suffer death as a felon, and that if anv 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 whereas it is expedient that the said several offences herein-before last specified should no longer be punishable with death; be it therefore enacted, that from and after the commencement of this Act, if any person shall be convicted of any of the said offences herein-before last specified, 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 herein-before last-recited ordered
to be given or awarded against persons convicted of the said lastPunishment. mentioned offences, or any of them respectively, be liable to
be transported beyond the seas for the term of his natural life. Imprisonment 4. And be it enacted, That in awarding the punishment of immay be with or prisonment for any offence punishable under this Act, it shall be without hard Labour.
lawful for the court to direct such punishment to be with or without hard labour in the common gaol or house of correction, and also to direct that the offender shall be kept in solitary confinement for any portion or portions of such imprisonment, whether the same be with or without hard labour, not exceeding one month at any one time, and not exceeding three months in any one year, as to
the court in its discretion shall seem meet. Act not to 5. And be it enacted, That nothing in that Act contained shall alter 5 & 6 be construed to extend to the alteration or repeal of any of the W. 4, c. 38,
powers, provisions, or regulations contained in an Act passed in or 4 G. 4,c. 64. the fifth and sixth years of the reign of His late Majesty King
William the Fourth, intituled An act for effecting greater Uniformity of Practice in the Government of the several Prisons of England and Wales, and for appointing Inspectors of prisons in Great Britain, or in an Act passed in the fourth year of His Majesty King George the Fourth, intituled An Act for consolidating and amending the Laws relating to the building, repairing and regulating of certain Gaols and Houses of Correction in England
and Wales. Offences not to 6. And be it enacted, That none of the offences herein-before be tried at
specified shall be tried or triable before any Justices of the Peace Sessions.
at any general or quarter sessions of the peace. Commence- 7. And be it enacted, That this Act shall commence and take ment of Act.
effect on the first day of October one thousand eight hundred and forty-one.
[22nd June, 1841.] WHEREAS the laws in being are not sufficient to hinder corrupt Evidence of and illegal practices in the election of members to serve in parlia- Bribery to be
given on the ment; be it enacted by the Queen's most Excellent Majesty, by
whole matter and with the advice and consent of the Lords Spiritual and Tem- without first poral, and Commons, in this present parliament assembled, and proving by the authority of the same, That whenever any charge of bribery Agency. shall be brought before any select committee of the house of commons appointed to try and determine the merits of any return or election of a member or members to serve in parliament, the committee shall receive evidence upon the whole matter whereon it is alleged that bribery has been committed; neither shall it be necessary to prove agency, in the first instance, before giving evidence of those facts whereby the charge of bribery is to be sustained ; and the committee in their report to the house of commons shall separately and distinctly report upon the fact or facts of bribery which shall have been proved before them, and also whether or not it shall have been proved that such bribery was committed with the knowledge and consent of any sitting member or candidate at the election.
[22nd June, 1841.]
then next Session of Parliament, the Application of a
[22nd June, 1841.] WHEREAS an Act was passed in the Afth and sixth
of His late Majesty, intituled An Act to consolidate and amend the 5 & 6 W.4, Laws relating to Highways in that Part of Great Britain called c. 50. England, whereby divers statutes passed in the reign of Ilis late Majesty King George the Third, relating to the performance of statute duty, were repealed, and statute duty, was thereby altogether abolished; And whereas the revenues of some turnpike roads are so unequal to the charge and maintenance of such roads, after paying the interest and principal of the sums due upon mortgage of the tolls thereof, when deprived of the aid heretofore derived from statute duty, that it is necessary that some additional provision be made for such roads, for a limited period : Be it therefore enacted by the Queen's most Excellent Majesty, by
and with the advice and consent of the Lords Spiritual and Tem
poral, and Commons, in this present parliament assembled, and by Justices at the authority of the same, that it shall be lawful for the justices Special Ses.
at any special sessions for the highways holden after the passing of sions for High- this Act, upon information exhibited before them by the clerk or ways, on
treasurer of any turnpike trust that the funds of the said trust are Proof of the Deficiency of insufficient for the repairs of the turnpike roads within any parish, the Funds, &c. notice in writing of such intended information having been preof any Turn- viously given on the part of such clerk or treasurer to the parish pike Trust,
surveyor twenty-one days at least before such special sessions, to
examine the state of the revenues and debts of such turnpike Payment to said Trust
trusts, and to inquire into the state and condition of the repairs of of a Portion the roads, within the same, and also to ascertain the length of the of the High- roads, including turnpike roads, within such parish, and how much way Rate.
of such road is turnpike road, and if after such examination it shall appear to the said Justices necessary or expedient, for the purposes of any turnpike road, so to do, then to adjudge and order what portion, if any, of the rate or assessment levied or to be levied by virtue of the recited Act shall be paid by the said parish surveyor, and at what time or times, to the said commissioners or trustees, or to their treasurer or other officers appointed by them on that behalf, such money to be wholly laid out in the actual repairs of such part of such turnpike road as lies within the parish from which it was
received. Parish Sur- 2. And be it enacted, That any such parish surveyor shall veyor neglect- refuse or neglect to pay over such portion of the said rate or ing to pay assessment at the time or times and in the manner mentioned in such Portion the order of the said Justices, the same shall and may be levied of Rate it may be levied by
upon the goods and chattels of such surveyor in such manner as Distress. penalties and forfeitures are by the said recited Act authorized to
be levied. Power of 3. Provided always, and be it enacted, That if Appeal to think himself aggrieved by any order, judgment, or determination Justices at
made or by any matter or thing done by any Justices of the Peace at Quarter Sessions.
any such special sessions, in pursuance of this Act, such person shall be at liberty to make his complaint thereof by appeal to the Justices of the Peace at the next general or quarter sessions of the Peace to be held for the county, riding, division, or place wherein the cause of such complaint shall arise, such appellant first giving to such Justices ten days notice in writing of the grounds of such appeal, within six days after such order, judgment, or determination shall be so made or given as aforesaid, who are hereby required, within forty-eight hours after the receipt of such notice, to return all proceedings whatever had before them respectively touching the matter of such appeal to the said Justices at the general or quarter sessions aforesaid; and that in case of such appeal the said Justices at the said quarter sessions, upon due proof of such notice and statement having been given as aforesaid, shall hear and determine such appeal; and the said Justices at the said quarter sessions shall have power to award such costs to the parties appealing or appealed
any person shall against as they the said Justices shall think proper, such costs to be levied and recovered in the same manner as any penalties or forfeitures are recoverable under the said recited Act; and no proceeding to be had or taken in pursuance of this Act shall be quashed or vacated for want of form : Provided always, that in case there shall not be time to give such notice as aforesaid before the next sessions to be holden after such order, determination, or judgment, then and in every such case such appeal may be made to the Justices at the next following sessions, who shall proceed to determine such appeal in manner aforesaid : Provided always, that it shall not be lawful for the appellant to be heard in support of such appeal, unless such notice and statement shall have been so given as aforesaid, nor on the hearing of such appeal to go into or give evidence of any other grounds of appeal than those set forth in such statements as aforesaid.
4. And be it enacted, That in construing this Act the word Interpretation “parish” shall be taken to mean and include parish, township, Clause. tithing, rape, vill, wapentake, division, city, borough, liberty, market town, franchise, hamlet, precinct, chapelry, or other place or district maintaining its own highways.
5. And be it enacted, That this Act shall entend only to Extent of Act. England.
6. And be it enacted, that this Act shall continue and be in force Duration of for one year from the passing thereof, and from thence until the Act. end of the then next session of parliament.
7. And be it enacted, That this Act may be amended or repealed Amendment by any Act to be passed in this session of parliament.
houses in Scotland ; and to provide for the Custody of
[22nd June, 1841.]
contingent and other Expences of the Disembodied
[22nd June, 1841.] WHEREAS it is necessary that provision should be made for defraying the charge of the pay, clothing, and contingent and other expences of the regular militia, and of the miners of Cornwall and Devon, when disembodied, in Great Britain and Ireland;