any Thing by him, her or them done or executed in pursuance of this Act, or of any Clause, Matter or Thing herein contained, General Issue. such Person or Persons shall or may plead the General Issue, and Treble Costs. Officers ne give the special Matter in Evidence for his, her or their Defence; and if upon the Trial a Verdict shall pass for the Defendant or Defendants, or the Plaintiff or Plaintiffs shall become nonsuited, then such Defendant or Defendants shall have Treble Costs awarded to him, her or them against such Plaintiff or Plaintiffs. LXIII. And be it further enacted, That if any Person or glecting Duty. Persons employed in the Execution of this Act, in relation to the said Duties, shall wilfully refuse or neglect to do or perform any Matter or Thing by this Act required or directed to be done or performed by such Person or Persons, whereby any of His Majesty's Subjects shall or may sustain any Damage whatsoever, such Person or Persons so offending shall be liable in any Action to be founded on this Statute, to answer to the Party aggrieved all such Damages, with full Costs of Suit. Penalty. What Proofs shall be sufficient to shew that Persons are Farmers or Collectors. LXIV. And be it further enacted, That from and after the said Thirty first Day of January One thousand eight hundred and twenty four, it shall not be necessary, upon the Trial or Hearing of any Information, Action, Suit or other Proceeding, to be commenced for the Recovery of any of the said Duties on Horses, Mares and Geldings hereby granted as aforesaid, which shall be let to farm in pursuance of this Act or of any future Act of Parliament, or for the Recovery of any Penalty or Penalties imposed by this Act, or to be imposed by any future Act, in anywise relating to the said Duties, to produce the Instrument whereby the Commissioners of Stamps in Great Britain, or any of them, shall be authorized by the said Commissioners of His Majesty's Treasury to let to farm the Duties granted by this Act, or any of them; or to produce the Commission whereby the said Commissioners of Stamps shall be constituted and appointed such Commissioners; or to prove that the Persons executing any Contract or Agreement, or any Commission, Deputation, Authority or other Instrument, are or act as Commissioners of Stamps; or to prove the Execution of any Contract or Agreement whereby any of the said Duties on Horses, Mares and Geldings shall be let to farm; or to prove the Execution of any Assignment of any such Contract or Agreement; or to prove the Execution of any Commission, Deputation or Authority, whereby any Person or Persons shall be appointed a Collector or Collectors of any of the said Duties, by the said Commissioners of Stamps, or any of them; or to prove the Signatures of the said Commissioners of Stamps to any Consent to prosecute for any such pecuniary Penalty as aforesaid: Provided always, that such Contract, Agreement, Assignment, Commission, Deputation or Authority and Consent to prosecute, shall be produced on the Trial or Hearing of any such Information, Action, Suit or Proceeding; and it shall be made to appear that the Person or Persons claiming or acting under such Contract, Agreement, Assignment, Commission, Deputation or Authority, had in fact acted as the Farmer or Farmers, Collector or Collectors of the Duties therein mentioned and described, or some of them; and that in every such Case such Proof shall be deemed and taken by the Judges or Justices before before whom any such Trial or Hearing shall be had, to be good and legal Evidence of such Person or Persons being the Farmer or Famers, Collector or Collectors of the Duties mentioned and described in such Contract, Agreement, Assignment, Commission, Deputation, Authority or other Instrument, unless by other Evidence the contrary shall be made to appear; any Law or Usage to the contrary nothwithstanding. LXV. And be it further enacted, That all the Monies to arise The Duties to from the Duties granted by this Act shall be paid into the Hands be paid to Reof the Receiver General of the Stamp Duties in Great Britain, ceiver General of Stamp who shall from time to time pay the same into the Bank of Duties in G B. England, for safe Custody, pursuant to the Act in that Case made and by him into and provided, and shall thereafter pay the same (after deducting the Exchequer, the Charges of raising, collecting and accounting for the same, and carried to and all other Charges first payable thereout), into the Receipt Consolidated of His Majesty's Exchequer at Westminster, in One Sum, at such Times and in such Manner as the present Stamp Duties are by the Laws in force directed to be paid; and that the Monies so paid into the said Receipt shall be carried to and made Part of the Consolidated Fund of the United Kingdom of Great Britain and Ireland. CAP. LXIII. An Act to authorize the Advance of Money by the Commissioners under several Acts for the Issue of Exchequer Bills for Public Works, for the building, rebuilding, enlarging or repairing of Gaols in England. [10th July 1823.] 6 Fund. HEREAS an Act passed in the Third Year of the Reign 3G.4. c.86. of His present Majesty, intituled An Act to amend Two Acts of the Fifty seventh Year of His late Majesty and the First Year of His present Majesty, for authorizing the Issue of Exchequer Bills, and the Advance of Money for carrying on Public • Works and Fisheries and Employment of the Poor; and to authorize a further Issue of Exchequer Bills for the Purposes of the 'said Acts: And Whereas it is expedient that the Provisions of 'the said recited Act, and of the several Acts of Parliament re'cited in the said Act, should be extended to empowering the 'Commissioners therein named to advance Money for the building, rebuilding, enlarging, repairing, improving or fitting up of 'Gaols or Houses of Correction in England;' Be it therefore 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 upon the Application of the major On Application Part of the Justices of any County, Riding, Division, City, Town of Quarter Susor Place in England, in Quarter Sessions assembled, such major sions of any Part to consist of Five at the least, it shall be lawful for the Com- County Commissioners, who are authorized and empowered to advance Money make Advances for public Works under the Provisions of the said recited Act of of Money for the Third Year of the Reign of His present Majesty, and of the building or reseveral Acts therein recited, and they are hereby empowered to pairing Gaols, make Advances, under the Powers, Authorities, Provisions and &c. Regulations missioners may Justices to make Rates and assign the Rates as a Security. Regulations of the said Acts, for the building, rebuilding, enlarging, improving, repairing or fitting up of any Gaols or Houses of Correction in England, in like manner in every respect as if Gaols and Houses of Correction had been included in the Provisions of the said recited Acts; and it shall be lawful for the Justices of the Peace of any County or of any City, Town or for Repayment, Place, in England, authorized to make Rates for the repairing of any Gaol or House of Correction, to receive any Sums of Money so advanced, and to apply the same to the Purposes for which such Advances shall be made, and to make Rates for the Repayment of any Sums of Money so advanced, in such Manner, and in such Proportions, and at such Times as shall be required by the said Commissioners in that Behalf, and also to assign the Rates so to be made as aforesaid, as a Security for the said Advances, in such Manner and Form as the said Commissioners shall direct and appoint, so as that all Sums so advanced, with Interest thereon at and after the Rate specified in the said recited Act of the Third Year aforesaid, shall be fully repaid and satisfied within the Period of Twenty Years from the advancing thereof; and all such Rates shall be made, assessed, levied and recovered in like Manner as any County Rates may be made, assessed, raised, levied and recovered, and shall continue in force until all such Advances, with Interest after the Rate aforesaid, shall severally and respectively be fully paid and discharged; any Law, Statute, Usage or Custom to the contrary notwithstanding. Money advanced to be repaid in 20 Years. Extended (.. 54485 CA P. LXIV. An Act for consolidating and amending the Laws relating to Frien [10th July 1823.] HEREAS the Laws now existing relative to the building, repairing and regulating of Goals and Houses of Correction, in England and Wales, are complicated, and have in many 6 Cases been found ineffective: And Whereas it is expedient that such Measures should be adopted, and such Arrangements made 74/0 in Prisons, as shall not only provide for the safe Custody, but es shall also tend more effectually to preserve the Health and to improve the Morals of the Prisoners confined therein, and shall Winsure the proper Measure of Punishment to convicted Offenders: 4576/rece 29, 53, 95,98 79874250 11812 Vie el 7.39, 104 And Whereas due Classification, Inspection, regular Labour and Employment, and Religious and Moral Instruction, are essential to the Discipline of a Prison, and to the Reformation of Offenders: And Whereas the present Laws directing the Separation, Superintendence, Employment and Instruction of Prisoners, require to be amended and enlarged, and to be more uniformly and strictly carried into Effect; and it is therefore expedient that the most useful Provisions contained in the 'several Statutes and Acts, and Parts of Statutes and Acts hereinafter mentioned, should be consolidated, and that some new Provisions should be added thereto :' Be it therefore 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 from and after the Commencement of this Act, the several Statutes and Acts, and Parts of Statutes and Acts following, shall be repealed, so far as relates to such Gaols or Prisons, or Houses of Correction, as this Act shall extend to; (that is to say), so much of a Statute passed in the First Year of the Reign of King Edward the Third, as relates to Inquiry to be made of 1E.3. st. 1. c.7. Gaolers, which by Duress compel Prisoners to appeal; and also, so much of a Statute passed in the Fourth Year of the Reign of 4 E.3. c. 10. the said King Edward the Third, as relates to Sheriffs and Gaolers receiving Offenders without taking any thing; and also, so much 14 E.3. st. 1. of a Statute passed in the Fourteenth Year of the Reign of the c.10. said King Edward the Third, as relates to the Punishment of a Gaoler compelling a Prisoner by Duress to become an Approver; and also, so much of an Act passed in the Seventh Year of the 7J.1. c.4. Reign of King James the First, intituled An Act for the due Execution of divers Laws and Statutes heretofore made against Rogues, Vagabonds and sturdy Beggars, and other lewd and idle Persons, as relates to the providing Houses of Correction, to the Appointment, Authority and Allowance of the Governor, and to his' accounting to Justices for Persons committed to his Custody; and 19 C. 2. c.4. also, so much of an Act passed in the Nineteenth Year of the § 1, 2, 3.5. Reign of King Charles the Second, intituled An Act for the Relief of poor Prisoners, and setting them to work, as relates to the providing Stocks for setting such Prisoners to work, and to the Removal of Prisoners on occasion of Sickness; and also, so 22 & 23 C. 2. much of an Act passed in the Twenty second and Twenty third c. 20. § 10-13. Years of the Reign of the said King Charles the Second, intituled An Act for the Relief and Release of poor distressed Prisoners for Debt, as relates to Prisoners being allowed to send for Victuals and other Necessaries, and to Fees and Charities, and to the Separation of Felons and Debtors; and also, an Act passed in the 11 & 12 W.3. Eleventh and Twelfth Years of the Reign of King William the c.19. (made Third, intituled An Act to enable Justices of Peace to build and perpetual by repair Gaols in their respective Counties; any Thing in an Act 6G.1. c.19.) made in the Sixth Year of the Reign of King George the First, for making perpetual any Act or Acts relating to the building and repairing of County Gaols, to the contrary in anywise notwithstanding; and also, so much of an Act passed in the Second 2G.2. c.22. Year of the Reign of King George the Second, intituled An Act for the Relief of Debtors, with respect to the Imprisonment of their Persons, as relates to Prisoners being allowed by Keepers of Prisons and Gaols to send for Victuals and other Necessaries, and to the taking of Fees, and the making and hanging up Tables thereof, and to Inquiries concerning the same, and to the hearing of Complaints of Extortion against Gaolers, and examining into Gifts and Legacies for the Benefit of poor Prisoners, and hanging up Tables thereof; and also, so much of an Act passed in the 14 G.2. c.33. Fourteenth Year of the Reign of the said King George the Second, intituled An Act to supply some Defects in the Laws for repairing and rebuilding County Bridges, for repairing, enlarging, erecting and providing Houses of Correction, and for passing Rogues and Vagabonds, as relates to repairing, enlarging and building Houses of Correction, and to buying Houses and Lands for that Pur pose; 16 G.2. c. 31. 17 G.2.c. 5. 24 G. 2. c. 40. 32 G. 2. c.28. 13 G.3. c.58. 14 G.3. c.59. 22 G.3. c.64. 24 G.3. sess. 2. cc.54, 55. 29 G.3. c.67. 31 G.3. c.46. pose; and also, so much of an Act passed in the Sixteenth Year of the Reign of the said King George the Second, intituled An Act for the farther Punishment of Persons who shall aid or assist Prisoners to attempt to escape out of lawful Custody, as relates to the Escape of Prisoners from any Gaol or Prison to which this Act shall extend; and also, so much of an Act passed in the Seventeenth Year of the Reign of the said King George the Second, intituled An Act to amend and make more effectual the Laws relating to Rogues, Vagabonds and other idle and disorderly Persons, and to Houses of Correction, as relates to the erecting, enlarging and managing of Houses of Correction, and the finding or turning out of Masters of them for Misbehaviour; and also, so much of an Act passed in the Twenty fourth Year of the Reign of the said King George the Second (made among other Things for granting an additional Duty upon Spirituous Liquors, and upon Licences for retailing the same, and for repealing an Act of the Twentieth Year of King George the First, made among other Things for more effectually restraining the retailing of distilled Spirituous Liquors), as relates to the retailing of Spirituous Liquors in Gaols, Prisons or Houses of Correction, to the carrying of Liquors into the same, to the Search for such Liquors, and to the hanging up of a Copy of certain Clauses of the said Act in such Gaols, Prisons or Houses; and also, so much of an Act passed in the Thirty second Year of the Reign of the said King George the Second, for Relief of Debtors, with respect to the Imprisonment of their Persons, as relates to Prisoners being allowed to send for Victuals and other Necessaries, and to the settling, signing, reviewing, enrolling and hanging up of Tables of Fees, Rates and Benefactions, and Rules for the Government of Gaols and Prisons; and also, an Act passed in the Thirteenth Year of the Reign of His late Majesty King George the Third, intituled An Act for providing Clergymen to officiate in Gaols within that Part of Great Britain called England; and also, an Act passed in the Fourteenth Year of the Reign of His said late Majesty, intituled An Act for preserving the Health of Prisoners in Gaol, and preventing the Gaol Distemper; and also, an Act passed in the Twenty second Year of His said late Majesty's Reign, intituled An Act for the amending and rendering more effectual the Laws in being relative to Houses of Correction; and also, Two Acts passed in the Twenty fourth Year of His said late Majesty's Reign, the one made to explain and amend the hereinbefore recited Act, made in the Eleventh and Twelfth Years of the Reign of King William the Third, and the other made to explain and amend the hereinbefore recited Act of the Twenty second Year of the Reign of His said late Majesty King George the Third; and also, an Act passed in the Twenty ninth Year of His said late Majesty's Reign, intituled An Act for the more effectual Execution of the Laws respecting Gaols; and also, an Act passed in the Thirty first Year of His said late Majesty's Reign, intituled An Act for the better regulating of Gaols and other Places of Confinement, except only so much of the said Act as relates to the Imprisonment and Employment in Hard Labour in the Common Gaol of the County, of Prisoners sentenced to Transportation, or to whom the Royal Mercy shall be extended on Condition of Trans portation; |