CAP. LXVII. AN ACT to amend the Law as to the Custody of Offenders. (9th July 1847.) ABSTRACT OF THE ENACTMENTS. 1. So much of 5 Geo. 4. c. 84. as enacts that male offenders sentenced to transportation may be kept to hard labour out of England extended to offenders convicted in Ireland. 2. Offenders under sentence or order of transportation may be removed to any prison in Great Britain. 3. Act may be amended, &c. By this ACT, After reciting that by 5 Geo. 4. c. 84. it was enacted, that it should be lawful for His Majesty, by any Order or Orders in Council, to declare his royal will and pleasure that male offenders convicted in Great Britain, and being under sentence or order of transportation, should be kept to labour in any part of His Majesty's dominions out of England to be named in such Order or Orders in Council: And that it is expedient that it should be made lawful to remove to the same places of confinement any male offender convicted in Ireland who would have been removable thereunto if he had been convicted in Great Britain: It is Enacted, I. That it shall be lawful for one of Her Majesty's Principal Secretaries of State to direct that any male offender convicted in Ireland, and being under sentence or order of transportation, may be removed to and confined and kept to labour in any such place of confinement out of England, in like manner as if he had been convicted in Great Britain; and every offender who shall be so removed shall continue in custody, and shall be kept to labour in the place of confinement to be so provided, or any other place of confinement to be from time to time provided by Her Majesty out of England, until Her Majesty shall otherwise direct, or until the offender shall be entitled to his liberty; and that all the enactments of the said Act relating to the returns to be made concerning every person in custody in each of such places of confinement, and the powers and duties of the superintendent and overseer having the custody of any such offender, and to the treatment of such offenders while so confined, and the time during which they shall be so confined, shall, subject to the amendments made in the said Act, by an Act, 9 & 10 Vict. c. 26, intituled 'An Act for abolishing the Office of Superintendent of Convicts under Sentence of Transportation, apply to all such male offenders convicted in Ireland and removed under the authority of this Act, as if they had been convicted in Great Britain and removed under the authority of the first-recited Act to such places of confinement. II. That it shall be lawful for Her Majesty, by an order in writing, to be notified in writing by one of Her Majesty's Principal Secretaries of State, to direct that any persons under sentence or order of transportation within Great Britain shall be removed from the prisons in which they are severally confined to any other of Her Majesty's prisons or penitentiaries in Great Britain, there to be confined for such time as Her Majesty by any such order notified as aforesaid shall direct, not exceeding the time for which they might have been lawfully confined in the prisons from which they shall have been severally removed; and the expense of maintaining any such person in the prison to which he shall be removed under this Act, and any other additional expense incurred in such prison by such removal and confinement, shall be defrayed in like manner as the expense of maintaining any such person in any place of confinement appointed under the first-recited Act. III. That this Act may be amended or repealed by any Act to be passed in this session of Parliament. CAP. LXVIII. AN ACT to suspend until the First Day of October One thousand eight hundred and forth-eight the making of Lists and the Ballots and Enrolments for the Militia of the United Kingdom. By this ACT, I. General and subdivision meetings relating to the militia suspended until the 1st of October 1848. IV. Act may be amended, &c. (22nd July 1847.) CAP. LXIX. AN ACT for the more effectual Taxation of Costs on Private Bills in the House of Commons. (22nd July 1847.) ABSTRACT OF THE ENACTMENTS. 1. Recited Act 6 Geo. 4. c. 123. repealed. 2. Parliamentary agent, attorney, or solicitor not to sue for costs until one month after delivery of his bill.—Evidence of delivery of bill.-Power to Judge to authorize action before expiration of one month. 3. Taxing officer to be appointed by the Speaker. 4. The Speaker to prepare list of charges thenceforth to be allowed. 5. Taxing officer empowered to examine parties and witnesses on oath. 6. Taxing officer empowered to call for books and papers. 7. Taxing officer to take such fees as may be allowed by House of Commons.-Application of fees. 8. On application of party chargeable or on application of parliamentary agent, attorney or solicitor, the taxing officer to tax the bill. No application to be entertained by taxing officer after verdict obtained. 9. Taxing officer to report to the Speaker.-If either party complain of report, they may deposit a memorial, and the Speaker may require a further report.-If no memorial deposited, Speaker may issue certificate of the amount found due.-Certificate to have the effect of a warrant to confess judgment. 10. Construction of certain words in this Act. 11. Form of citing the Act. 12. Act may be amended, &c. By this ACT, After reciting the passing of 6 Geo. 4. c. 123: And that it is expedient to repeal the same, and to make more effectual provision for taxing the costs and expenses to be charged by parliamentary agents, attornies, solicitors, and others in future sessions of Parliament in respect of bills subject to the payment of fees in Parliament, commonly called private bills, and to be incurred in complying with the Standing Orders of the House of Commons relative to such bills, and in preparing, bringing in, and carrying the same through, or in opposing the same in, the House of Commons: It is Enacted, 1. That, except as to any costs, charges, and expenses which shall have been incurred in the present or any preceding session of Parliament, the said recited Act shall be repealed: Provided always, that the repeal of the said recited Act shall not be construed to revive any Act or any provision thereof which was thereby repealed. II. That no parliamentary agent, attorney, or solicitor, nor any executor, administrator, or assignee of any parliamentary agent, attorney, or solicitor, shall commence or maintain any action or suit for the recovery of any costs, charges, or expenses in respect of any proceedings in the House of Commons in any future session of Parliament relating to any petition for a private bill, or private bill, or in respect of complying with the Standing Orders of the said house relative thereto, or in preparing, bringing in, and carrying the same through, or opposing the same in, the House of Commons, until the expiration of one month after such parliamentary agent, attorney, or solicitor, or executor, administrator, or assignee of such parliamentary agent, attorney, or solicitor, has delivered unto the party to be charged therewith, or sent by post to or left for him at his countinghouse, office of business, dwelling house, or last known place of abode, a bill of such costs, charges, and expenses, and which bill shall either be subscribed with the proper hand of such parliamentary agent, attorney, or solicitor, or in the case of a partnership by any of the partners, either with his own name or with the name of such partnership, or of the executor, administrator or assignee of such parliamentary agent, attorney, or solicitor, or be inclosed in or accompanied by a letter subscribed in like manner referring to such bill: Provided always, that it shall not in any case be necessary, in the first instance, for such parliamentary agent, attorney, or solicitor, or the executor, administrator, or assignee of such parliamentary agent, attorney, or solicitor, in proving a compliance with this Act to prove the contents of the bill delivered, sent, or left by him, but it shall be sufficient to prove that a bill of costs, charges, and expenses subscribed in manner aforesaid, or inclosed in or accompanied by such letter as aforesaid, was delivered, sent, or left in manner aforesaid; but nevertheless it shall be competent for the other party to shew that the bill so delivered, sent, or left was not such a bill as constituted a bona fide compliance with this Act: Provided also, that it shall be lawful for any Judge of the superior courts of law or equity in England or Ireland, or of the Court of Session in Scotland, to authorize a parliamentary agent, attorney, or solicitor to commence an action or suit for the recovery of his costs, charges, and expenses against the party chargeable therewith, although one month has not expired from the delivery of a bill as aforesaid, on proof to the satisfaction of the said Judge that there is probable cause for believing that such party is about to quit that part of the United Kingdom in which such Judge hath jurisdiction. III. That the Speaker of the House of Commons shall appoint a fit person to be the taxing officer of the House of Commons, and every person so appointed shall hold his office during the pleasure of the Speaker, and shall execute the duties of his office conformably to such directions as he may from time to time receive from the Speaker. VOL. XXV. STAT. 2 E IV. That the Speaker may from time to time prepare a list of such charges as it shall appear to him that, after the present session of Parliament, parliamentary agents, attornies, solicitors, and others may justly make with reference to the several matters comprised in such list; and the several charges therein specified shall be the utmost charges thenceforth to be allowed upon the taxation of any such bill of costs, charges, and expenses in respect of the several matters therein specified: Provided always, that the said taxing officer may allow all fair and reasonable costs, charges, and expenses in respect of any matters not included in such list. v. That for the purpose of any such taxation the said taxing officer may examine upon oath any party to such taxation, and any witnesses who may be examined in relation thereto, and may receive affidavits, sworn before him or before any Master or Master extraordinary of the High Court of Chancery, relative to such costs, charges, or expenses; and any person who on such examination on oath, or in any such affidavit, shall wilfully or corruptly give false evidence, shall be liable to the penalties of wilful and corrupt perjury. VI. That the said taxing officer shall be empowered to call for the production of any books or writings in the hands of any party to such taxation relating to the matters of such taxation: Provided always, that nothing herein contained shall be construed to authorize such taking officer to determine the amount of fees which may have been payable to the House of Commons in respect of the proceedings upon any private bill. VII. That it shall be lawful for the said taxing officer to demand and receive for any such taxation such fees as the House of Commons may from time to time by any standing order authorize and direct, and to charge the said fees, and also to award costs of such taxation against either party to such taxation, or in such proportion against each party as he may think fit, and he shall pay and apply the fees so received by him in such manner as shall be directed by any such standing order as aforesaid. VIII. That if any person upon whom any demand shall be made by any parliamentary agent, attorney, or solicitor, or executor, administrator, or assignee of such parliamentary agent, attorney, or solicitor, or other person, for any costs, charges, or expenses in respect of any proceedings in the House of Commons in any future session of Parliament relating to any petition for a private bill, or private bill, or in respect of complying with the Standing Orders of the said House relative thereto, or in preparing, bringing in, or carrying the same through, or in opposing the same in the House of Commons, or if any parliamentary agent, attorney, or solicitor, or the executor, administrator, or assignee of such parliamentary agent, attorney, or solicitor, or other person, who shall be aggrieved by the non-payment of any costs, charges, and expenses incurred or charged by him in respect of any such proceedings as aforesaid, shall make application to the said taxing officer at his office for the taxation of such costs, charges, and expenses, the said taxing officer, on receiving a true copy of the bill of such costs, charges, and expenses which shall have been duly delivered, as aforesaid to the party charged therewith, shall in due course proceed to tax and settle the same; and upon every such taxation, if either the parliamentary agent, attorney, or solicitor, or the executor, administrator, or assigneee of such parliamentary agent, attorney, or solicitor, or other person by whom such demand shall be made as aforesaid, or the party charged with such bill of costs, charges, and expenses, having due notice, shall refuse or neglect to attend such taxation, the said taxing officer may proceed to tax and settle such bill and demand ex parte; and if pending such taxation any action or other proceeding shall be commenced for the recovery of such bill of costs, charges, and expenses, the Court or Judge before whom the same shall be brought shall stay all proceedings thereon until the amount of such biil shall have been duly certified by the Speaker as hereinafter provided: Provided always, that no such application shall be entertained by the said taxing officer if made by the party charged with such bill after a verdict shall have been obtained or a writ of inquiry executed in any action for the recovery of the demand of any such parliamentary agent, attorney, or solicitor, or the executor, administrator, or assignee of such parliamentary agent, attorney, or solicitor, or other person, or after the expiration of six months after such bill shall have been delivered, sent, or left as aforesaid: Provided also, that if any such application shall be made after the expiration of six months as aforesaid, it shall be lawful for the Speaker, if he shall so think fit, on receiving a report of special circumstances from the said taxing officer, to direct such bill to be taxed. IX. That the said taxing officer shall, if required by either party, report his taxation to the Speaker, and in such report shall state the amount fairly chargeable in respect of such costs, charges, and expenses, together with the amount of costs and fees payable in respect of such taxation as aforesaid; and within twenty-one clear days after any such report shall have been made either party may deposit in the office of the said taxing officer a memorial, addressed to the Speaker, complaining of such report or any part thereof, and the Speaker may, if he shall so think fit, refer the same, together with such report, to the said taxing officer, and may require a further report in relation thereto, and on receiving such further report may direct the said taxing officer, if necessary, to amend his report; and if no such memorial be deposited as aforesaid, or so soon as the matters complained of in any such memorial shall have been finally disposed of, the Speaker shall, upon application made to him, deliver to the party concerned therein, and requiring the same, a certificate of the amount so ascertained, which certificate shall be binding and conclusive on the parties as to the matters comprised in such taxation, and as to the amount of such costs, charges, and expenses, and of the costs and fees payable in respect of such taxation, in all proceedings at law or in equity or otherwise; and in any action or other proceeding brought for the recovery of the amount so certified such certificate shall have the effect of a warrant of attorney to confess judgment; and the Court in which such action shall be commenced, or any Judge thereof, shall, on production of such certificate, order judgment to be entered up for the sum specified in such certificate in like manner as if the defendant in any such action had signed a warrant to confess judgment in such action to that amount: Provided always, that if such defendant shall have pleaded that he is not liable to the payment of such costs, charges, and expenses, such certificate shall be conclusive only as to the amount thereof which shall be payable by such defendant in case the plaintiff shall in such action recover the same. x. That in the construction of this Act the word "month" shall be taken to mean a calendar month; and every word importing the singular number only shall extend and be applied to several persons, matters, or things as well as one person, matter, or thing; and every word importing the plural number shall extend and be applied to one person, matter, or thing as well as several persons, matters, or things; and every word importing the masculine gender only shall extend and be applied to a female as well as a male; and the word "person" shall extend to any body politic, corporate, or collegiate, municipal, civil, or eccle siastical, aggregate or sole, as well as an individual; and the word "oath" shall include affirmation in the case of Quakers, and any declaration lawfully substituted for an oath in the case of any other person allowed by law to make a declaration instead of taking an oath; unless in any of the cases aforesaid it be otherwise specially provided, or there be something in the subject or context repugnant to such construction. XI. That in citing this Act in other Acts of Parliament, and in legal and other instruments, it shall be sufficient to use the expression "The House of Commons Costs Taxation Act, 1847." XII. That this Act may be amended or repealed by any Act to be passed in this session of Parliament. CAP. LXX. AN ACT to amend the Law as to the School Attendance of Children employed in Print Works. ABSTRACT OF THE ENACTMENTS. (22nd July 1847.) 1. Sections 23, 24, and 25, and part of Schedule (A.) of recited Act repealed. 2. Schoolmaster to keep a register of children's attendance. 3. Occupiers of print works to obtain certificate from schoolmaster of child's attendance at school. 4. Certificate to be given according to Schedule. 5. Acts to be construed together. 6. Act may be amended, &c. By this ACT, After reciting that it is expedient that so much of 8 & 9 Vict. c. 29, as relates to the school attendance of children employed in print works, should be amended :— It is Enacted, 1. That those parts of the said Act which in the copies thereof printed by the Queen's printer are printed as separate clauses and severally numbered XXIII., XXIV., and XXV., and also so much of the Schedule annexed to the said Act marked (A.) as relates to certificates of school attendance, shall be repealed from and after the 1st of August 1847; provided, that all certificates given before the said 1st of August shall be as valid as if this Act had not been passed, and all offences committed before the said 1st of August against any of the enactments hereby repealed shall be dealt with and punished as if this Act had not been passed. 11. That the master of any school which shall be attended by children employed in a print work shall keep a register of their names and attendance, and if the inspector of the district shall disapprove of the form of register adopted by the schoolmaster it shall be kept in such other form as the inspector may direct. III. That after the said 1st of August the occupier of every print work shall, before employing any child therein, obtain from a schoolmaster a certificate, according to one of the forms and according to the directions given in the Schedule marked (A.) to this Act annexed, that such child had attended school for at least thirty days and not less than one hundred and fifty hours during the half-year immediately preceding the first day of the employment of such child, or if it shall have left the said print works and shall be again employed therein, the said school attendance shall have been during the half-year immediately preceding the first day of such re-employment, and such school attendance shall be after the hour of eight of the clock in the morning, and before the hour of six of the clock in the evening; but no attendance of less than two and a half hours on any one day shall be reckoned as any part of the said one hundred and fifty hours, nor shall any attendance on any one day for more than five hours be reckoned for more than five hours; and a like certificate shall be obtained at the beginning of each period of six calendar months during which the employment of such child shall be continued in that print work; and such occupier shall keep every such certificate so long as such child shall continue in his employment for twelve calendar months after the date thereof, and shall produce the same to any inspector or sub-inspector when required during such period. IV. That from and after the said 1st of August the forms of certificates of school attendance of children employed in print works shall be in one of the forms given in the Schedule marked (A.) annexed to this Act. v. That this Act and the said Act as amended by this Act shall be construed together as one Act. VI. That this Act may be amended or repealed by any Act to be passed in this session of Parliament. SCHEDULE to which the foregoing Act refers. SCHEDULE (A.) I. FORM of SCHOOL CERTIFICATES for ONE CHILD. I HEREBY certify, that the Child A.B., Son [or Daughter] of C.D. and E.F., residing in the School kept by me at Columns opposite to his [or her] name. attended for the Number of Hours and at the Time on each Day specified in the During the several Weeks ending the Day, Month, and Year stated in the First Column. Week ending Saturday. Monday. Tuesday. Wednesday. Thursday. Friday. Saturday. Total No. Signa- Date of Hours ture of during School Day. Month. Year. From To From To From To From To From To From To this Week master. of signing. No Part of the School Attendance certified shall be valid for a longer time than Six Months after the Date of such Attendance; and if a Child for whom this Form of Certificate has been given shall cease to be employed in the Print Work to the Occupier of which such School Certificate was delivered, the Child's Parent, or any Person having direct Benefit from the Wages of such Child, shall be entitled on Demand to have the said Certificate restored to him. II. FORM of SCHOOL CERTIFICATE which may be used when two or more Children employed in the same Print Work attend the same School. and County of at I HEREBY certify, That the Children whose Names are under-written, employed in the Print Work of in the Parish of attended for the number of Hours and at the Time specified in the Columns opposite to their respective Names, at the School kept by me at in the Parish of and County of During the Week ending on Saturday the Day of 18. |