Such Offences

not liable to Cognizance if committed Three Years before, unless the Offender had absented himself, &c.

Regulations and Orders, though not provided for by former Acts, to be in force till

this Act be published,

27 G. 2. c. 9.

46 G.3. c.92.

$7.9.

remain in full Force, notwithstanding the Repeal of such Act; and Proceedings of any Court Martial upon any Trial began under the Authority of such former Act, shall not be discontinued by the Repeal of the same; but it shall be lawful to proceed to Judgment upon any such Trial, and to carry such Judgment into Execution, in like Manner as if the Proceedings had been commenced under the Authority of this Act: Provided always, that no Person shall be liable to be tried and punished for any Offence against the said Act of the Twenty seventh Year of the Reign of King George the Second, or this Act, or the Articles of War made or to be made by virtue of the same Acts, or either of them, which shall appear to have been committed more than Three Years before the issuing of the Commission or Warrant for such Trial; unless the Person accused, by reason of his having absented himself, or of some other manifest Impediment, shall not have been amenable to Justice within that Period, in which Case such Person shall be liable to be tried under such Commission or Warrant, to be issued at any Time not exceeding Two Years after the Impediment shall have ceased; or unless the Conduct of the Person accused shall have been submitted to the Consideration of the Court of Directors, by the Governor General, or Governor in Council of the Presidency to which such Person shall belong, in which Case such Person shall be liable to be tried under such Commission or Warrant, to be issued at any Time not exceeding Five Years after his Offence shall have been committed.

LXXII. And be it further enacted and declared, That all Regulations and Orders made respecting the Administration of Justice by Courts martial, or in any Manner respecting the Government, Economy or Discipline of Officers or Soldiers and Followers of the Army of the said United Company, although not expressly provided for in the said Act passed in the Twenty seventh Year of His Majesty King George the Second, intituled An Act for punishing Mutiny and Desertion of Officers and Soldiers in the Service of the United Company of Merchants of England trading to the East Indies, and for the Punishment of Offences committed in the East Indies, or at the Island of Saint Helena, and acted upon by the Governments or Military Authorities at the several Presidencies of Fort William, Fort Saint George and Bombay, are and shall be to all Intents or Purposes valid, and shall continue valid until this Act shall be published and in force; and all Acts or Proceedings done or had under such Orders or Regulations are hereby ratified and confirmed.

LXXIII. And Whereas by a certain Act passed in the Fortieth Year of the Reign of His late Majesty King George the Third, ⚫ intituled An Act to amend Three Acts, made in the Thirty first, Forty first and Forty second Years of His present Majesty, relating to the Conveyance of Letters and Packets by the Post; Seamen employed in His Majesty's Navy and Non-commissioned ⚫ Officers in the Army, within any Part of His Majesty's Dominions, whilst actually employed in His Majesty's Service, were authorized to send and receive by the Post, on their Private Concerns only, Single Letters, upon Payment of One Penny for each Letter, under the several Restrictions in the said Act contained : "And Whereas it is expedient to extend the Provisions of the said • Act

15

Seamen employed in the Navy in the

East Indies or

St. Helena, and

Act to Seamen in the Navy, and to Non-commissioned Officers and Soldiers whilst actually employed in His Majesty's Service in the East Indies, and at the Island of Saint Helena, and also to the Non-commissioned Officers and Soldiers actually employed in the Service of the East India Company, subject to such Modifications as are hereinafter contained; Be it therefore enacted, That from and after the passing of this Act, it shall and may be lawful to and for every Seaman employed in His Majesty's Navy, within any Part of the East Indies, or at the Island of Saint Helena, and to and for every Serjeant, Corporal, Drummer, Trumpeter, Fifer and Private Soldier in His Majesty's Regular Non-commis Forces, Militia, Fencible Regiments, Artillery or Royal Marines, sioned Officers whilst actually employed in His Majesty's Service in the East and Privates Indies, or at the Island of Saint Helena; and also to and for every either in His serving there, Serjeant, Corporal, Drummer, Trumpeter, Fifer and Private Soldier in the Service of the said Company, whilst actually em- Forces or in ployed in the Service of the said Company, and not otherwise, East India to receive Single Letters by the Post, on his own private Concerns Company's only, free from all Postage, except the Sum of One Penny for Service, may each Single Letter, to be paid upon putting the same into any Post send Single Office in Great Britain or Ireland; provided that the several Re- Letters free gulations and Restrictions contained in the hereinbefore recited from Postage. Act shall have been complied with; and likewise to send by the Exception. Post, on his own private Concerns alone, Single Letters, upon Payment, by the Party receiving the same, of the Sum of Two Pence for the Sea Postage of each such Letter, and of the aforesaid further Sum of One Penny for the Inland Postage of each such Letter, making in the whole the Sum of Three Pence for each such Letter; provided that if any such Letter shall be delivered into One of His Majesty's Post Offices in Great Britain or Ireland free of all Expence to His Majesty or the Revenue of the Post Office, such Letter shall be chargeable with the Inland Postage of One Penny as aforesaid, and to no other Charge; provided also, that the several Regulations and Restrictions contained in the said hereinbefore recited Act shall have been complied with.

receive and

LXXIV. And be it further enacted, That this Act shall com- Commencemence and take Effect from and after the First Day of February ment of Act. One thousand eight hundred and twenty four, except where any other Commencement is particularly directed; and that from and 27G.2. c.9. after such Day, all Powers and Provisions contained in the said repealed. Act of the Twenty seventh Year of the Reign of His Majesty King George the Second shall cease and determine, and that the Exception. said Act shall be and is hereby repealed, except so far as is hereinbefore provided in that Behalf; and the whole of the said Act of 1G.3. c.14. the First Year of the Reign of His Majesty King George the repealed. Third shall be and is hereby repealed.

CAP.

56G.3. c. 63. 59G.3. c.136.

An Act to authorize for One Year, and from thence to the
End of the then next Session of Parliament, the temporary
Removal of Convicts from the General Penitentiary.

[18th July 1823.]

WHEREAS by virtue of Two Acts, passed in the Fifty sixth

and Fifty ninth Years of His late Majesty's Reign, divers 'Convicts are now confined in the General Penitentiary for Con'victs at Millbank, in the County of Middlesex, and it may be 'expedient under present Circumstances to change the Place of 'Confinement of some of such Convicts for a Time, and after'wards to remove the same Convicts back again to the said Penitentiary;' 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 it shall and may be lawful for His Majesty, at any Time during the Continuance of this Act, by any Order or Orders notified in Writing by One of His Majesty's Principal Secretaries of State, to order the Governor of the said Penitentiary to remove any of the Convicts now confined, or who, during the Continuance of this Act, shall be confined in the said Penitentiary, to some other Place or Places of Confinement to be provided for that Purpose, and to be named in such Order or Orders, and there to keep the Convicts, so ordered to be removed, until Determination of the Periods for which they ought to be respectively confined, or until His Place of Con- Majesty's Pleasure shall be further signified; and that it shall and also be lawful for His Majesty, at any Time or Times during the Continuance of this Act, by any Order or Orders notified in like Manner, to order any such Convicts to be removed back again to the said Penitentiary, there to be kept during the Residue of the Periods for which they ought to be respectively confined.

His Majesty, by Order notified by One of the Principal Secretaries of State, may order the Governor of the Penitentiary to remove the Convicts confined there to some other

finement named in such Order.

The Place of

used shall be deemed Part of the Peniten

tiary.

may

II. And be it further enacted, That every Place of ConfineConfinement so ment so to be provided as aforesaid shall be deemed in Law to be Part and Parcel of the said Penitentiary, during such Time as any of the said Convicts shall be therein confined, and that Confinement therein shall be attended with all the same Consequences, as well with regard to the Convicts as to the Governor and all other Persons, as if suffered within the Walls of the said Penitentiary, and that the same Pains and Penalties shall attach upon all Persons offending against any Enactments, Bye Laws, Rules, Orders or Regulations affecting Convicts confined under the Provisions of this Act, as if the same Convicts were at the Time of committing such Offences actually confined within the said Walls; provided nevertheless, that it shall and may be lawful for the superintending Committee of the said Penitentiary, with the Approbation of One of His Majesty's Principal Secretaries of State, to alter any of the Bye Laws, Rules, Orders or Regulations of the said Penitentiary in favour of the Convicts to be confined under the Provisions of this Act, and with the like Approbation to ap

Power to Committee to alter Bye Laws, &c.

in favour of Convicts.

point a competent Number of Persons to take the Custody and Care of such Convicts in such temporary Places of Confinement. III. And be it further enacted, That this Act shall continue in Continuance of force for One Year, and from thence to the End of the then next Session of Parliament.

An Act for the better Protection of the Property of Merchants and others, who may hereafter enter into Contracts or Agreements in relation to Goods, Wares or Merchandizes intrusted to Factors or Agents. [18th July 1823.]

WH

Act.

Persons in

whose Names

Lien thereon, as herein men

HEREAS it has been found that the Law, as it now stands, relating to Goods shipped in the Names of Persons 'who are not the actual Proprietors thereof, and to the Deposit or Pledge of Goods, affords great Facility to Fraud, produces frequent Litigation, and proves, in its Effects, highly injurious to the Interests of Commerce in general;' 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 passing of this Act, any Person or Persons intrusted, for the Purpose of Sale, with Goods shall be any Goods, Ware or Merchandize, and by whom such Goods, shipped, shall Wares or Merchandize shall be shipped, in his, her or their own be deemed the Name or Names, or in whose Name or Names any Goods, Wares Owners, so as or Merchandize shall be shipped by any other Person or Persons, to entitle Conshall be deemed and taken to be the true Owner or Owners thereof, signees to a so far as to entitle the Consignee or Consignees of such Goods, Wares and Merchandize to a Lien thereon, in respect of any tioned. Money or negociable Security or Securities advanced or given by such Consignee or Consignees to or for the Use of the Person or Persons in whose Name or Names such Goods, Wares or Merchandize shall be shipped, or in respect of any Money or negociable Security or Securities received by him, her or them to the Use of such Consignee or Consignees, in the like Manner to all Intents and Purposes as if such Person or Persons was or were the true Owner or Owners of such Goods, Wares and Merchandize; provided such Consignee or Consignees shall not have Notice, by the Bill of Lading for the Delivery of such Goods, Wares or Merchandize or otherwise, at or before the Time of any Advance of such Money or negociable Security, or of such Receipt of Money or negociable Security, in respect of which such Lien is claimed, that such Person or Persons so shipping in his, her or their own Name or Names, or in whose Name or Names any Goods, Wares or Merchandize shall be shipped by any Person or Persons, is or are not the actual and bona fide Owner or Owners, Proprietor or Proprietors of such Goods, Wares and Merchandize so shipped as aforesaid, any Law, Usage or Custom to the contrary thereof in any wise notwithstanding: Provided also, that the Person or Persons in whose Name or Names any such Goods, Wares or Merchandize are so shipped as aforesaid, shall be taken for the Purposes of this Act to have been intrusted therewith,

unless

Any Person

may take Goods

or Bill of Lading in Deposit from Consignee; but shall not acquire any further Right than Consignee possessed.

Right of Owner to follow his Goods while in the Hands of

his Agent, or of his Assignees in case of Bankruptcy, or to recover them from Assignees,

&c. upon paying his Advances secured

upon them, &c.

unless the contrary thereof shall appear or be shewn in Evidence by any Person disputing such Fact.

II. And be it further enacted, That it shall be lawful to and for any Person or Persons, Body or Bodies Politic or Corporate, to accept and take any Goods, Wares or Merchandize, or the Bill or Bills of Lading for the Delivery thereof, in Deposit or Pledge, from any Consignee or Consignees thereof; but then and in that Case such Person or Persons, Body or Bodies Politic or Corporate, shall acquire no further or other Right, Title or Interest, in or upon or to the said Goods, Wares or Merchandize, or any Bill of Lading for the Delivery thereof, than was possessed, or could or might have been enforced by the said Consignee or Consignees at the Time of such Deposit or Pledge as a Security as aforesaid; but such Person or Persons, Body or Bodies Politic or Corporate, shall and may acquire, possess and enforce such Right, Title or Interest, as was possessed, and might have been enforced, by such Consignee or Consignees, at the Time of such Deposit or Pledge as aforesaid; ; any Rule of Law, Usage or Custom to the contrary notwithstanding.

III. Provided always, That nothing herein contained shall be deemed, construed or taken to deprive or prevent the true Owner or Owners, Proprietor or Proprietors of such Goods, Wares or Merchandize, from demanding and recovering the same from his, her or their Factor or Factors, Agent or Agents, before the same shall have been so deposited or pledged, or from the Assignee or Assignees of such Factor or Factors, Agent or Agents, in the Event of his, her or their Bankruptcy; nor to prevent any such Owner or Owners, Proprietor or Proprietors, from demanding or recovering of and from any Person or Persons, or of or from the Assignees of any Person or Persons in case of his or her Bankruptcy, or of or from any Body or Bodies Politic or Corporate, such Goods, Wares or Merchandize, so consigned, deposited or pledged, upon Repayment of the Money, or on Restoration of the negociable Security or Securities, or on Payment of a Sum of Money equal to the Amount of such Security or Securities, for which Money or negociable Security or Securities such Person or Persons, his, her or their Assignee or Assignees, or such Body or Bodies Politic or Corporate, may be entitled to any Lien upon such Goods, Wares or Merchandize; nor to prevent the said Owner or Owners, Proprietor or Proprietors, from recovering of and from such Person or Persons, Body or Bodies Politic or Corporate, any Balance or Sum of Money remaining in his, her or their Hands, as the Produce of the Sale of such Goods, Wares or Merchandize, after deducting thereout the Amount of the Money or negociable Security or Securities so advanced or given upon the Security thereof as aforesaid: Provided always, that in case Bankruptcy of of the Bankruptcy of such Factor or Agent, the Owner of the Goods so pledged and redeemed as aforesaid shall be held to have discharged pro tanto the Debt due by him to the Bankrupt's Estate.

Proviso as to

Factor.

CAP.