Page images
PDF
EPUB

the Hundred or other like District, in the same Manner and subject to the same Conditions as any Person damnified is by this Act enabled to do: Provided always, that the several Conditions which are herein-before required to be performed by or on behalf of any Person damnified, may, in the case of a Body Corporate, be performed by any Officer of such Body on behalf thereof.

County-Touns,
Liberties, &c.

liable like

Hundreds.

XII. And whereas the Offences for which Compensation is granted by virtue of this Act may be committed in Counties of Cities and Towns, or in such Liberties, Franchises, Cities, Towns, and Places, as either do not contribute at all to the Payment of any County Rate, or contribute thereto, but not as being Part of any Hundred or other like District; and it is expedient to provide for all such Cases; be it therefore enacted, That where any of the Offences, in this Act mentioned shall be committed in a County of a City or Town, or in any such Liberty, Franchise, City, Town, or Place, the Inhabitants thereof shall be liable to yield Compensation in the same Manner, and under the same Conditions and Restrictions in all respects, as the Inhabitants of the Hundred and every thing in this Act in anywise relating to a Hundred, or to the Inhabitants thereof, shall equally apply to every County of a City or Town, and to every such Liberty, Franchise, City, Town, and Place, and, to the Inhabitants thereof; and where the Justices of the Peace of the County, Riding, or Division are excluded from holding Jurisdiction in any such Liberty, Franchise, City, Town, or Place, in every such Case all the Powers, Authorities, and Duties by this Act given to or imposed on such Justices, shall be exercised and performed by the Justices of the Peace of the Liberty, Franchise, City, Town, or Place in which the Offence shall be committed; and where the Offence shall be committed in a County of a City or Town, all the like Powers, Authorities, and Duties shall be exercised and performed by the Justices of the Peace of such County of a City or Town; and in every Action to be brought or summary Claim to be preferred under this Act against the Inhabitants of a County of a City or Town, or of any such Liberty, Franchise, City, Town, or Place, the Process for Appearance in the Action, and the Notice re. quired in the Case of the Claim, shall be served upon some one Peace Officer of such County, Liberty, Franchise, City, Town, or Place; and all Matters which by this Act the High Constable of a Hundred is authorized or required to do in either of such Cases, shall be done by the Peace Officer so served, who shall have the same Powers, Rights, and Remedies as such High Constable has by virtue of this Act, and shall be subject to the same Liabilities; and shall, notwithstanding the Expiration of his Office, continue to act for all the Purposes of this Act until the Termination of all Proceedings in and consequent upon such Action or Claim; but if he shall die before such Termination, his Successor shall act in his Stead.

Process to be

served on some Peace Officer of same.

Provision for executing Writs in Cinque Ports

and other Liberties.

XIII. Aud, for securing the due Execution of Writs in the Cinque Ports, and in Places where Writs are directed to other Officers than the Sheriff, and in Liberties where the Sheriff is not warranted in executing Writs, be it enacted, That all other such Officers to whom any Writ of Execution under this Act shall be directed, by whatsoever Name they shall be known, shall have the same Power of granting a Warrant for Payment of the Sum by such Writ directed to be levied as is hereby given to the Sheriff in case of a Writ of Execution directed to him; and that every Sheriff and other

such

such Officer as aforesaid shall have Authority to grant his Warrant under this Act, notwithstanding the Offence shall have been committed in, or the Treasurer or other Person to whom such Warrant shall be directed shall reside or be in, any Liberty where the Sheriff or Officer is not warranted in executing Writs.

As to Payments

in Liberties, Cities, and Towns not

within any Hundred, but

contributing

to the County>

Rate.

XIV. And as to the Mode of Payment and Reimbursement under this Act in such Liberties, Franchises, Cities, Towns, and Places as contribute to the Payment of the County Rate, but not as being Part of any Hundred, be it enacted, That the Warrant of the Sheriff or other Officer upon any Writ of Execution against the Inhabitants of any such Liberty, Franchise, City, Town, or Place, and every Order of Justices for Payment to the Party damnified therein, or to the Peace Officer or Inhabitants thereof, by virtue of this Act, shall be directed to the Treasurer of the County, Riding, or Division in which such Liberty, Franchise, City, Town, or Place shall be situate, who is hereby required to pay the same; and the Justices of the Peace of such County, Riding, or Division, at their next General or Quarter Sessions of the Peace, or any Adjournment thereof, shall direct such Sum or Sums of Money as shall have been so paid or ordered to be paid by the Treasurer to be raised on such Liberty, Franchise, City, Town or Place, over and above the general Rate to be paid by the same in common with the rest of the County, Riding, or Division, under the Acts relating to County Rates, and such Sum or Sums shall be raised in the Manner directed by those Acts, and shall be forthwith paid over to the Treasurer.

In Counties of
Cities, Towns,
&c. not having
County Rate.

To be paid out of any similar Fund, if any.

XV. And as to the Mode of Payment and Reimbursement under this Act in Counties of Cities and Towns, and in such Liberties, Franchises, Cities, Towns, and Places as do not contribute to the Payment of the general County Rate, be it enacted, That all Sums of Money payable either by virtue of any Warrant of the Sheriff or other Officer, or of any Order or Orders arising out of any Action or summary Claim against the Inhabitants of any County of a City or Town, or of any such Liberty, Franchise, City, Town, or Place, shall be paid out of the Rate (if any) in the Nature of a County Rate, or out of any Fund applicable to similar Purposes, where there is such a Rate or Fund therein, by the Treasurer or other Officer having the Collection or Disbursement of such Rate or Fund; and where there is no such Rate or Fund in such County, Liberty, Franchise, City, Town, or Place, the same shall be paid out of the Rate or Fund for the Relief of the Poor of the particular Parish, Township, District, or Precinct therein, where the Offence was committed, by the Overseers or other Officers having the Collection or Disbursement of such last-mentioned Rate or Fund; and in every such Case the Warrant and Orders shall be directed and delivered to such Treasurer, Overseers, or other Officers respectively, instead of the Treasurer of the County, Riding, or Division, as the Case may require.

XVI. Provided always, and be it enacted, That nothing herein contained shall extend to Scotland or Ireland.

[ocr errors]

But if none,

out of Poor

Rate.

Act not to ex

tend to Scotland

or Ireland.

SCHEDULE.

FORM of NOTICE to the High Constable of a Hundred or other like District, or to the Peace Officer of a County of a City or Town, or of a Liberty, Franchise, City, Town, or Place.

To the High Constable [or to

of, &c. [or to

One of the High Constables J a Peace Officer of, &c.]

I HEREBY give you Notice, That I intend to claim Compensation from the Inhabitants of [here specify the Hundred or other like District, or County of a City, &c., or Liberty, Franchise, &c. as the Case may be ], on account of the Damage which I have sustained by means of [here state the Offence, the Time and Place where it was committed, and the Nature and Amount of the Damage ]; and I hereby require you, within Seven Days after your Receipt of this Notice, to exhibit the same to some Two Justices of the Peace of the County [Riding or Division] of residing in or acting for the said Hundred, &c. [or if in a Liberty, Franchise, &c. where the Justices of the County, Riding, or Division have no Jurisdiction, then say, to some Two Justices of the Peace of, naming the Liberty, Franchise, &c.], [or if in a County of a City, &c. then say, to some Two Justices of the Peace of, naming the County of the City, &c.], in order that they may appoint a Time and Place for holding a Special Petty Session to hear and determine my Claim for Compensation by virtue of an Act passed in the Seventh and Eighth Years of the Reign of King George the Fourth, intituled An Act for consolidating and amending the Laws in England relative to Remedies against the Hundred; and you are required to give me Notice of the Day, Hour, and Place appointed for holding such Petty Session within Three Days after the Justices shall have appointed the same. Given under my Hand this

of

in the Year of our Lord

(Signed)

A. B.

Day

FORM of NOTICE to be placed on the Church or Chapel-Door or other conspicuous Part of the Parish, Township, or Place, (as the Case may be ).

I HEREBY give Notice, That I shall apply for Compensation to the Justices of the Peace at a Special Petty Sessions to be holden at

on the

of

Day of

next, at the Hour in the Forenoon, on account of the Damage which I have sustained by means of [here state the Offence, the Time and Place where it was committed, and the Nature and Amount of the Damage, in the same Manner as in the same preceding Form.] Given under my Hand this

of

in the Year of our Lord

Day

[blocks in formation]

OFFENCES AGAINST THE PERSON,

NINTH GEO. IV. CAP. XXXI.

AN ACT FOR CONSOLIDATING AND AMENDING THE STATUTES IN ENGLAND RELATIVE TO OFFENCES AGAINST THE PERSON.

[Passed 27th June, 1828.]

[The Clauses of this and the following Act are given verbatim from the public Acts, printed by the King's Printers; but the Side Epitome has been made more conformable to the Text.]

WHEREAS it is expedient to repeal various Statutes now in force in that Part of the United Kingdom called England, relative to Offences against the Person, in order that the Provisions contained in those Statutes may be amended and consolidated into this Act: 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 [the Act then enumerates various Statutes intended to be wholly or partly repealed, which are contained in the annexed Schedule, No. II. arranged chronologically, together with those repealed or altered by the 7th Geo. 4. c. 64, and the 7th and 8th Geo. 4. c. 27. And then proceeds as follows: ]-shall continue in force until and throughout the last Day of June in the present Year, and shall, from and after that Day, as to that Part of the United Kingdom called England, and as to Offences committed within the Jurisdiction of the Admiralty of England, be repealed, except so far as any of the said Acts may repeal the Whole or any Part of any other Acts, and except as to Offences committed before or upon the said last Day of June, which shall be dealt with and punished as if this Act had not been passed; and this Act shall commence and take effect (except as is herein-before excepted) on the First Day of July in the present Year.

II. And be it enacted, That every Offence, which before the Commencement of this Act would have amounted to Petit Treason, shall be deemed to be Murder only, and no greater Offence; and all Persons guilty in respect thereof, whether as Principals or as Accessories, shall be dealt with, indicted, tried, and punished as Principals and Accessories in Murder.

Commencement of Act, 1st July,

1828.

Petit Treason

to be treated in all respects us Murder.

Punishment of

Accessories in Murder.

III. And be it enacted, That every Person convicted of Murder, or of being an Accessory before the Fact to Murder, Principals and shall suffer Death as a Felon; and every Accessory after the Fact to Murder shall be liable, at the Discretion of the Court, to be transported beyond the Seas for Life, or to be imprisoned, with or without hard Labour, in the Common Gaol or House of Correction, for any Term not exceeding Four Years.

VOL. IV.

3 E

IV. And

Execution and

Dissection, &c. of Murderers.

Sentence to be pronounced immediately.

IV. And be it enacted, That every Person convicted of Murder shall be executed according to Law on the Day next but One after that on which the Sentence shall be passed, unless the same shall happen to be a Sunday, and in that case on the Monday following; and the Body of every Murderer shall, after Execution, either be dissected or hung in Chains, as to the Court shall seem meet; and Sentence shall be pronounced immediately after the Conviction of every Murderer, unless the Court shall see reasonable Cause for postponing the same; and such. Sentence shall express not only the usual Judgment of Death, but also the Time hereby appointed for the Execution thereof, and that the Body of the Offender shall be dissected or hung in Chains, whichsoever of the Two the Court shall order: Provided always, that after such Sentence shall have been pronounced, it shall be lawful for the Court or Judge to stay the Execution thereof, if such Court or Judge shall so think fit.

Power to respite.

Bodies of Murderers to be de

livered to the

pany.

V. And be it enacted, That whenever Dissection shall be ordered by such Sentence, the Body of the Murderer, if executed in the County of Middlesex or City of London, shall be Surgeons' Com- immediately conveyed by the Sheriff or Sheriffs, or his or their Officers, to the Hall of the Surgeons' Company, or to such other Place as the said Company shall appoint, and shall be delivered to such Person as the said Company shall appoint, for the Purpose of being dissected; and the Body of the Murderer, if executed elsewhere, shall in like Manner be delivered to such Surgeon as the Court or Judge shall direct for the same Purpose.

Prison Regu

lations as to Murderers

under Sentence.

VI. And be it enacted, That every Person convicted of Murder shall, after Judgment, be confined in some safe Place within the Prison, apart from all other Prisoners, and shall be fed with Bread and Water only, and with no other Food or Liquor, except in case of receiving the Sacrament, or in case of any Sickness or Wound, in which case the Surgeon of the Prison may order other Necessaries to be administered; and no Person but the Gaoler and his Servants, and the Chaplain and Surgeon of the Prison, shall have Access to any such Convict, without the Permission in Writing of the Court or Judge before whom such Convict shall have been tried, or of the Sheriff or his Deputy : Provided always, that in case the Court or Judge shall think fit to respite the Execution of such Convict, such Court or Judge may, by a Licence in Writing, relax, during the Period of the Respite, all or any of the Restraints or Regulations herein-before directed to be observed.

British Subjects may be tried in England for Murder or Man

slaughter committed Abroad, or being Accessory thereto.

mitted within

VII. And be it enacted, That if any of His Majesty's Subjects shall be charged in England with any Murder or Manslaughter, or with being Accessory before the Fact to any Murder, or after the Fact to any Murder or Manslaughter, the same being respectively committed on Land out of the United Kingdom, whether within the King's Dominions or without, it shall be lawful for any Justice of the Peace of the County or Place where the Person so charged shall be, to take Cognizance of the Offence so charged, and to proceed therein as if the same had been comthe Limits of his ordinary Jurisdiction; and if any Person so charged

« EelmineJätka »