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No. LXI.

43 Geo. III.

c. 113.

If on trial (under this or recited Act) of any offender for murder it shall appear he is guilty of manslaughter only, the jury

may find accordingly, &c.

Act not to extend to Ireland.

'commission to be made or issued in pursuance of the same Act, whereby
persons guilty of those offences, and more particularly when such mur-
ders or manslaughters happen to be committed out of the realm, and not
' upon the high seas, may frequently escape punishment, to the encourage-
'ment and evil example of evil doers;' Be it therefore enacted by the
authority aforesaid, That from henceforth all and singular the powers and
authorities in the said last-recited Act contained respecting the offence of
murder, and the examination of any person or persons upon any murders
by the King's council, or three of them, and the making or issuing of com-
missions of Oyer and Terminer for the trial, conviction, or delivery of
offenders, and the inquiring, hearing, and determining of all such mur-
ders in manner therein mentioned, and all other the clauses, provisoes,
conditions, and declarations concerning the offence of murder, and the in-
quiring, hearing, and determination thereof, and the trial, conviction, or
delivery of such offenders therein, as in the same Act are mentioned, shall
be, and the same are hereby extended to the offence of procuring, direct-
ing, counselling, commanding, or otherwise becoming an accessary or acces-
saries before the fact to any murder or murders; and also to the offence of
manslaughter, in like manner as if those offences had been expressly men-
tioned in the said last-recited Act; and in case any offender or offenders,
shall, in pursuance, of this or the said recited Act, be indicted for the
offence of murder, and upon such trial it shall appear that the person or
persons, or any of them, so indicted and tried, is or are guilty of man-
slaughter, and of no greater offence, the jury may on such indictment find
the party or parties guilty of manslaughter only; (1) or in case of doubt
or difficulty, may find a special verdict, upon which there shall be the like
proceedings, judgement, and punishment, or execution, as if the offence
had been committed within the body of any county within this realm, and
such trial had been had, and such general or special verdict had been found
upon an indictment for murder, found and tried according to the course of
the common law by a jury of the same county within which the offence
was committed.

VII. Provided, That nothing in this Act contained shall extend, or be construed to extend, to that part of the united kingdom called Ireland.

(1) Perhaps few stronger instances could be adduced of the inconvenience arising from the voluminous extent of the Statutes, unassisted by some collection of those in more

general use, than the supposed necessity of this enactment; the same provision having been made only four years before, by st. 39 Geo. III. c. 37. post, class 13.

[No. LXII.] 45 George III. c. 66.—An Act to prevent in
Great Britain the illegally carrying away Bark; and for
amending two Acts, passed in the Sixth and Ninth Years
of his present Majesty's Reign, for the Preservation of
Timber Trees, Underwoods, Roots, Shrubs, Plants,
Hollies, Thorns, and Quicksets.-[27th June 1805.]
[Inserted Pt. VI. Cl. XL. No. 14.

[No. LXIII.] 52 George III. c. 16.-An Act for the more exemplary Punishment of Persons destroying or injuring any Stocking or Lace Frames, or other Machines or Engines used in the Framework knitted Manufactory, or any Articles or Goods in such Frames or Machines; to continue in force until the first day of March, one thousand eight hundred and fourteen.*-[20th March 1812.]

The offence of Frame-breaking was, by this Act, made capital; which provision was

repealed by st. 54 Geo. III. c. 42, and trans. portation for fourteen years substituted in its

c. 130.

No. LXIV.] 52 George III. c. 130.-An Act for the No. LXIV.
more effectual Punishment of Persons destroying the 52 Geo. III.
Properties of his Majesty's Subjects; and enabling the
Owners of such Properties to recover Damages for the
Injury sustained.-[18th July 1812.]

WHEREAS an Act passed in the first year of the reign of his Majesty 1 Geo. 1. st. 2.
King George the First, intituled, An Act for preventing Tumults and c. 5.
riotous Assemblies, and for the more speedy and effectual punishing the 9 Geo. 1. c. 22.
'Rioters: And whereas an Act passed in the ninth year of the reign of his
'said Majesty King George the First, intituled, An Act for the more effec-
'tual Punishing wicked and evil-disposed Persons, going armed in Disguise,
' and doing Injuries and Violences to the Persons and Properties of his Ma-
jesty's Subjects, and for the more speedy bringing the Offenders to Justice:

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And whereas an Act passed in the ninth year of the reign of his Majesty 9 Geo. 3. c. 29. King George the Third, intituled, An Act for the more effectual Punishment of such Persons as shall demolish or pull down, burn or otherwise destroy or spoil any Mill or Mills; and for preventing the destroying or damaging of Engines for draining Collieries and Mines; or Bridges, Waggon Ways or

' other things used in conveying Coals, Lead, Tin or other Minerals from Mines; or Fences for enclosing Lands in pursuance of Act of Parliament:

And whereas an Act passed in the forty-first year of the reign of his 41 Geo. 3.

present Majesty King George the Third, intituled, An Act for the indemni- (U. K.) c. 24. fying of Persons injured by the forcible pulling down and demolishing of

Mills, or of Works thereunto belonging, by Persons unlawfully and riot

6

ously assembled: And whereas an Act passed in the forty-third year of the 43 G. 3. c. 58. reign of his present Majesty King George the Third, intituled, An Act for the further Prevention of malicious Shooting, and attempting to Discharge loaded Fire-arms, Stabbing, Cutting, Wounding, Poisoning, and the malicious using of means to procure the Miscarriage of Women; and also the * malicious setting Fire to Buildings; and also for repealing a certain Act, 'made in England, in the twenty-first year of the late King James the First, intituled, An Act to prevent the Destroying and Murthering of 'Bastard Children; and also an Act made in Ireland in the sixth year of the reign of the late Queen Anne, also intituled, An Act to prevent the Destroying and Murthering of Bastard Children; and for making other "Provisions in lieu thereof: And whereas it is expedient and necessary that more effectual provisions should be made for the protection of property 'not within the provisions of the said Acts;' May it therefore please your Majesty that it may be enacted; and be it enacted by the King'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

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by the authority of the same, That every person who shall, from and after Wilfully dethe passing of this Act, wilfully or maliciously burn or set fire to any stroying buildbuildings, erections or engines, which shall be used or employed in the ings, &c. carrying on or conducting of any trade or manufactory, or any branch or department of any trade or manufactory of goods, wares or merchandize, of any kind or description whatsoever, or in which any goods, wares or merchandize, shall be warehoused or deposited, shall, upon being lawfully convicted thereof, be adjudged guilty of felony, without benefit of clergy, Death. and shall suffer death as in cases of felony, without benefit of clergy.

II. And be it further enacted, That if, after the passing of this Act, any Demolishing person or persons unlawfully, riotously and tumultuously assembled toge- buildings, &c. ther in disturbance of the public peace, shall unlawfully and with force demolish or pull down, or begin to demolish or pull down, any erection and building or engine which shall be used or employed in the carrying on or conducting of any trade or manufactory, or any branch or department of any trade or manufactory of goods, wares or merchandize, of any kind or

room. At the time of printing off this sheet, an Act is on the point of passing by which the offence is again made capital. The Act will

be inserted in the Addenda, and noticed in the Table of Contents.

No. LXIV. 52 Geo. III. c. 130.

Death.

Value of or damage done to manufactories, &c. recovered as under

1 G. 1. st. 2. c. 5.

Proceedings

to recover

damages.

description whatsoever, or in which any goods, wares or merchandize, sha be warehoused or deposited, that then every such demolishing or pulling down, or beginning to demolish or pull down, shall be adjudged felony, with out benefit of clergy, and the offenders therein shall be adjudged felon and shall suffer death as in cases of felony, without benefit of clergy.

III. And be it further enacted, That the person or persons injured o damnified by such demolishing or pulling down, wholly or in part, of an such erection, building or engine as aforesaid, shall be entitled to, and may and is and are hereby empowered to recover the value of such erection building, or engine, and of the machinery belonging thereto, or used there in, which shall be destroyed in such demolishing as aforesaid, or the amount of the damage which may be done to any such erection, building or engine or machinery aforesaid, in such tumultuous and riotous demo lishing in part as aforesaid; and such value or damage shall and may be recovered, levied, raised and reimbursed, in such manner and form, and by such ways and means as are particularly provided, directed, or referred to in the said recited Act of the first year of the reign of his late Majesty King George the First, in respect of the several descriptions of buildings therein mentioned.

IV. Provided always, and be it further enacted, That no person or per sons shall be enabled to recover any damages by virtue of this Act, unless he or they, by themselves or by their servants, within two days after such damage or injury done him or them by any such offender or offenders as aforesaid, shall give notice of such offence done and committed unto some of the inhabitants of some town, village, or hamlet near unto the place where any such fact shall be committed, and shall within four days after such notice, give in his, her or their examination upon oath (1), or the ex amination upon oath of his, her, or their servant or servants, that had the care of his or their erections, buildings, engines or machinery so destroyed or damaged as aforesaid, before any justice of the peace of the county liberty or division where such fact shall be committed, inhabiting within the said hundred where the said fact shall happen to be committed, or near unto the same, whether he or they do know the person or persons that committed such fact, or any of them; and if upon such examination it be confessed that he or they do know the person or persons that committed the said fact, or any of them, that then he or they so confessing shall be Recognizances bound by recognizance to prosecute such offender or offenders by indict ment or otherwise, according to the law of this realm: Provided also, that no person who shall sustain any damage by reason of any offence to be committed by any offender contrary to this Act, shall be thereby enabled to sue or bring any action against any inhabitants of any hundred where such offence shall be committed, except the party or parties sustaining such damage shall commence his or their action or suit within one year next after such offence shall be committed: Provided nevertheless, that the notice hereby required may and shall be given in Scotland to the sheriff or steward depute or substitute of the county or stewartry where such fact shall happen to be committed, in order that such measures may be taken as the Law of Scotland prescribes in such cases.

Proviso.

Scotland.

(1) In an action on the stat. 52 Geo. III. c. 130, to recover the value of premises feloniously destroyed, brought against the hundred by several partners in trade, three of whom were present when the fact was committed, one only gave in his examination upon

oath, without stating that to the best of his
belief the others had no knowledge of the
person who committed the fact.-Held that
was not sufficient.
Nesham v. Armstrong,

1 B. & A. 146.

[No. LXV.] 54 George III. c. 42.-An Act to repeal an
Act of the Fifty-second Year of his present Majesty, for
the Punishment of Persons destroying Stocking or Lace
Frames, or any Articles in such Frames, and to make
other Provisions instead thereof.-[20th December 1813.]
[See Note to No. 64, supra.]

c. 125.

No. LXVI.] 56 George III. c. 125.-An Act for the more No. LXVI. effectual Punishment of Persons riotously destroying or 56 Geo. III. damaging Buildings, Engines and Machinery used in and about the Collieries and other Mines, Waggon-ways, Bridges and other Works, used in conveying and shipping Coals and other Minerals; and for enabling the Owners of such Property to recover Damages for the Injury sustained.-[1st July 1816.]

WHEREAS an Act passed in the first year of the reign of his Majesty 1 Geo. 1. st. 2. King George the First, intituled, An Act for preventing Tumults and c. 5. riotous Assemblies, and for the more speedy and effectual punishing the

Rioters: And whereas an Act passed in the ninth year of the reign of his 9 Geo. 3. c. 29. present Majesty King George the Third, intituled, An Act for the more effectual Punishment of such Persons as shall demolish or pull down, burn or otherwise destroy or spoil any Mill or Mills; and for preventing the destroying or damaging of Engines for Draining Collieries and Mines, or Bridges, Waggon-ways, or other things used in conveying Coals, Lead, Tin or other Minerals from Mines, or Fences for inclosing Lands, in pursuance

tions or other

of Act of Parliament: And whereas an Act passed in the fifty-second year 52 G. 3. c. 130. of the reign of his present Majesty, intituled, An Act for the more effectual Punishment of Persons destroying the Properties of his Majesty's Subjects, and enabling the Owners of such Properties to recover Damages for the injury sustained: And whereas it is expedient and necessary that more * effectual provisions should be made for the protection of property not within the provisions of the said Acts:' May it therefore please your Majesty that it may be enacted; and be it enacted by the King'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 if, after the passing of this Act, any person or persons unlawfully, riotously and tumultuously assembled toge- Demolishing gether in disturbance of the public peace, shall unlawfully and with force or destroying demolish, pull down, destroy or damage, or begin to demolish, pull down, engines, ereedestroy, or damage any fire engine or other engine, erected or to be erected for making, sinking or working collieries, coal mines, or other works, belonging to colmines, or any bridge, waggon way or trunk, erected or made, or to be lieries, &c. erected or made for conveying coals or other minerals from any colliery, coal mine, or other mine, to any place, or for shipping the same, or any staith or other erection or building for depositing coals or other minerals, or used in the management or conducting of the business of any such colliery, coal mine or other mine, whether the same engines, bridges, waggonways, trunks, staiths, erections and other buildings or works shall be respectively completed and finished, or only begun to be set up, made and erected, that then every such demolishing, pulling down, destroying and damaging, or beginning to demolish, pull down, destroy and damage, shall be adjudged felony, without benefit of clergy: and the offenders therein shall be adjudged felons, and shall suffer death as in case of felony without Death. benefit of clergy.

1 Geo. 1. st. 2. c. 5.

II. And be it further enacted, That the person or persons injured or Persons indamnified by such demolishing, pulling down, destroying or damaging, or jured may rebeginning to demolish, pull down, destroy or damage any such property cover value of hereinbefore specified, shall be entitled to and may and are hereby em- property depowered to recover the value of such property hereinbefore specified, so stroyed under demolished, pulled down, destroyed or damaged as aforesaid, or the amount of the damage done to the same as aforesaid; and such value or damage shall and may be recovered, levied, raised, and reimbursed in such manner and form, and by such ways and means as are particularly provided, directed or referred to in the said recited Act of the first year of the reign of his late Majesty King George the First, in respect of the several descriptions of buildings therein mentioned.

III. Provided always, and be it further enacted, That whenever any per- Owners of en

8

No. LXVI. 56 Geo. III. c. 125.

gines and

works, &c. to give notice to magistrates of

unlawful-assemblies; and after sustain

ing damage, to give notice within two days after to some inhabitants of town, &c.

+ Sic.

Examinations upon oath to be had before a justice with in four days as

to a knowledge of the offenders.

Limitation of action for damages.

In Scotland notice to be given to sheriff, &c.

c. 126.

52 G. 3. c. 16. 54 G. 3. c. 42.

son or number of persons shall so unlawfully assemble together in distur ance of the public peace as aforesaid, the person or persons who is or a the owner or proprietor or owners or proprietors of any of the engine works, buildings, or other property herein before particularly specified shall, as soon as conveniently may be after such unlawful assembly sha take place, by himself or themselves, or by his or their servants, give o cause to be given due notice and information of such assembly having take place, to some or one of the nearest magistrates, and to the constable o some one of the resident housekeepers of the towns, villages or hamlet near to the place where any such assembly shall take place; and that n person or persons shall be enabled to recover any damages by virtue this Act, unless he or they shall have given such notice and information a aforesaid, by himself or themselves, or by his or their servants, within tw days after such damage or injury done him or them by any such offende or offenders as aforesaid †, shall give notice of such offence done and com mitted, unto some of the inhabitants of some town, village or hamle near unto the place where any such fact shall be committed; and shal within four days after such notice give in his or their examination upo oath, or the examination upon oath of his, her or their servant or servant that had the care of his, her or their property hereinbefore specified, s destroyed or damaged as aforesaid, before any justice of the peace of th county, liberty or division where such facts shall be committed, inhabitin within the said hundred where the said fact shall happen to be committed or near unto the same, whether he or they do know the person or person that committed such fact, or any of them; and if upon such examination it be confessed that he or they do know the person or persons that com mitted the said fact, or any of them, that then he or they so confessing shal be bound by recognizance to prosecute such offender or offenders, by in dictment or otherwise, according to the law of this realm: Provided also that no person who shall sustain any damage by reason of any offence t be committed by any offender contrary to this Act, shall be thereby en abled to sue or bring any action against any inhabitants of any hundred where such offence shall be committed, except the party or parties sus taining such damage shall commence his or their action or suit within one year next after such offence shall be committed: Provided nevertheless. that the notice hereby required may and shall be given in Scotland to th sheriff or stewart depute, or substitute of the county or stewartry wher such fact shall happen to be committed, in order that such measures may be taken as the law of Scotland prescribes in such cases.

[No. LXVII.] 57 George III. c. 126.-An Act to repeal an Act passed in the Fifty-fourth Year of his present Ma jesty, for the Punishment of Persons destroying Stocking or Lace Frames, and Articles in such Frames; and to make, until the First Day of August one thousand eight hundred and twenty, other Provisions in lieu thereof.[11th July 1817.]

No. LXVII. WHEREAS an Act was passed in the fifty-second year of his present Majesty's reign, intituled, An Act for the more exemplary Punishment 57 Geo. III. of Persons destroying or injuring any Stocking or Lace Frames, or other Machines or Engines used in the Framework Knitted Manufactory, or any Articles and Goods in such Frames or Machines; to continue in force unti the First Day of March One thousand eight hundred and fourteen: And whereas an Act passed in the fifty-fourth year of the reign of his present Majesty, intituled, An Act to repeal an Act of the Fifty-second Year of his present Majesty, for the Punishment of Persons destroying Stocking or Lace Frames, or any Articles in such Frames, and to make other Provisions instead thereof: And whereas it is expedient that the said last recited Act of the fifty-fourth year aforesaid should be repealed, and other provisions made instead thereof: Be it therefore enacted by the King's most excel

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