committed, as the Case may be, but without setting forth the Evidence], and we the said J.P. and Q.R. [or I the said S.T.] adjudge the said 4.0. for his said Offence to be imprisoned in the [or to be imprisoned in the and there kept to hard Labour for the Space of to forfeit and pay

the said Sum, to be imprisoned in the

hard Labour] for the Space of

], or we [or I] adjudge the said 4.0. for his said Offence ], [here state the Penalty actually imposed], and in default of immediate Payment of [or to be imprisoned in the and there kept to unless the said Sum shall be sooner paid. Given under our Hands and Seals

[or my Hand and Seal] the Day and Year first above mentioned.

CAP. LXXXIII.

AN ACT for the Naturalization of Aliens.

ABSTRACT OF THE ENACTMENTS.

(22nd July 1847.)

1. All Acts, &c. of colonial legislatures imparting privileges of naturalization valid.

2. All laws, &c. hereafter made imparting privileges of naturalization valid, but subject to confirmation or disallowance by Her Majesty. 3. 7 & 8 Vict. c. 66. not to extend to colonies or possessions abroad.

4. Act may be amended, &c.

By this ACT,

After reciting that by divers Acts, statutes, or ordinances enacted by the legislatures of divers of Her Majesty's colonies or possessions abroad provision hath been made for imparting to divers aliens there resident the privileges or some of the privileges of naturalization, to be exercised and enjoyed within the respective limits of such colonies and possessions respectively: And that doubts have arisen as to the competency of the said legislatures to enact any such laws, statutes, or ordinances, and as to the validity of the same when so enacted, and it is expedient that such doubts be removed :—

It is Enacted,

I. That all Acts, statutes, and ordinances heretofore made and enacted by the legislatures of any of Her Majesty's colonies and possessions abroad for imparting to any person or persons the privileges or any of the privileges of naturalization, to be by such person or persons exercised and enjoyed within the respective limits of such colonies or possessions respectively, shall within such limits have and be taken and reputed to have had from the time of the enactment thereof respectively all such and the same force and effect as doth by law belong to any other law, statute, or ordinance made or enacted by any such respective legislatures.

II. And it is enacted and declared, That all laws, statutes, and ordinances which shall hereafter be made and enacted by the legislatures of any of Her Majesty's colonies or possessions abroad for imparting to any person or persons the privileges or any of the privileges of naturalization, to be by any such person or persons exercised and enjoyed within the limits of any such colonies and possessions respectively, shall within such limits have the force and authority of law, any law, statute, or usage to the contrary in anywise notwithstanding: Provided nevertheless, that all such laws, statutes, and ordinances shall be made and enacted in such manner and form, and subject to and in conformity with all such rules as now are or hereafter shall be in force in respect of other laws, statutes, or ordinances enacted or to be enacted by any such legislatures respectively, and shall and may be confirmed or disallowed by Her Majesty in such and the same manner, and subject to the same rules and regulations as extend or as shall hereafter extend to the confirmation or disallowance of any other such laws, statutes, or ordinances.

And after reciting that a certain Act was made and enacted, 7 & 8 Vict. c. 66, intituled, 'An Act to amend the Laws relating to Aliens': And that doubts have arisen whether the said recited Act, 7 & 8 Vict. c. 66, extends to and is in force in Her Majesty's colonies or possessions abroad:

It is Enacted and Declared,

111. That the said recited Act, 7 & 8 Vict. c. 66, or any part of it, doth not extend to the said colonies or possessions, or to any of them.

IV. That this Act may be amended or repealed by any other Act of this present session of Parliament.

VOL. XXV.-STAT.

2 H

CAP. LXXXIV.-IRELAND.

AN ACT to make Provision for the Punishment of Vagrants and Persons offending against the Laws in force for the Relief of the destitute Poor in Ireland.

(22nd July 1847.)

ABSTRACT OF THE ENACTMENTS.

1. So much of 1 & 2 Vict. c. 56. as provides for the punishment of persons deserting their wives and children repealed.

2. Punishment of persons deserting or wilfully neglecting to maintain their wives or children.

3. Punishment of persons wandering abroad, or begging in public places, &c.

4. Power to apprehend persons offending against this Act without warrant.

5. Warrants may be issued for apprehension of persons.

6. Proceedings not to be quashed for want of form, &c.-Form of Conviction.

7. Conviction to be transmitted to next Petty or Quarter Sessions.

8. Interpretation of Act.

9. Act may be amended, &c.

By this ACT,

After reciting that it is expedient to make further provision for the punishment of beggars and vagrants and persons offending against the laws in force for the relief of the destitute poor in Ireland :—

It is Enacted,

1. That so much of an Act, 1 & 2 Vict. c. 56, intituled, 'An Act for the more effectual Relief of the destitute Poor in Ireland,' as provides for the punishment of persons deserting and leaving their wives or any children whom such persons may be liable to maintain, so that such wives or children should become destitute and be relieved in the workhouse of a union, shall be repealed.

11. That every person who shall desert or wilfully neglect to maintain his wife or any child whom he may be liable to maintain, so that such wife or child shall become destitute and be relieved in or out of the workhouse of any union in Ireland, shall on conviction thereof before any Justice of the Peace be committed to the common gaol or house of correction, there to be kept to hard labour for any time not exceeding three calendar months.

III. That every person wandering abroad and begging, or placing himself in any public place, street, highway, court, or passage to beg or gather alms, or causing or procuring or encouraging any child or children so to do, and every person who, having been resident in any union in Ireland, shall go from such union to some other union, or from one electoral or relief district to another electoral or relief district in Ireland, for the purpose of obtaining relief in such last-mentioned union or district, shall on conviction thereof before any Justice of the Peace, if such Justice shall think fit, be committed to the common gaol or house of cor. rection, there to be kept to hard labour for any time not exceeding one calendar month.

IV. That it shall be lawful for any person whatsoever to apprehend any person whom he shall find offending against this Act, and to take and convey such offender as soon as may be reasonably practicable before any Justice of the Peace, to be dealt with as is herein before provided, or to deliver him to any constable or other peace officer of the county or place wherein he shall have been apprehended to be so taken and conveyed as aforesaid; and it shall be the duty of every constable or peace officer to take into his custody every such offender so delivered to him, and to take and convey such offender before a Justice of the Peace as soon as may be reasonably practicable, to be dealt with as is directed by this Act.

v. That it shall be lawful for any Justice of the Peace, upon proof that any person hath committed any of the offences hereinbefore mentioned, to issue his warrant to apprehend such offender, and to bring him before the same or some other Justice of the Peace, to be dealt with as is directed by this Act.

Be it remembered, That on the

Day of

at

VI. That no proceeding by or before any Justice of the Peace under the provisions of this Act shall be quashed for want of form, or shall be removeable into any of Her Majesty's superior courts by writ of certiorari; and every conviction under this Act shall be in the form or to the effect following, or as near thereto as circumstances will permit; (that is to say,) in the Year of our Lord to wit. in the County of A.B. is convicted before me, C.D., one of Her Majesty's Justices of the Peace in and for the said County, of an Offence against the Statute made in the Tenth Year of the Reign of Her Majesty Queen Victoria, intituled " An Act to make Provision for the Punishment of Vagrants and Persons offending against the Laws in force for the Relief of the destitute Poor in Ireland;" (that is to say,) for that the said A.B. on the

at

Day of

in the said County [here state the Offence proved before the Magistrate] and for which said Offence the said A.B. is adjudged to be committed to the House of Correction at there to be kept to hard 'Labour for the Space of

6

Given under my Hand and Seal the Day, Year, and at the Place first above written.'

VII. That the Justice of the Peace before whom any such conviction shall take place shall transmit the same to the Petty Sessions then next ensuing to be holden for the district in which such conviction shall have taken place, and if there shall be no such Petty Sessions then to the next General or Quarter Sessions of the Peace to be holden in and for the county, county of a city, or county of a town, or place, wherein such conviction has taken place, there to be filed and kept on record.

VIII. That in the construction of this Act every word importing the singular number or masculine gender only shall, except where the context excludes such construction, be understood to include and shall be applied to several persons, matters, or things as well as one person, matter, or thing, and to females as well as males respectively; and that the word "Justice" shall be understood to include and extend to any Justice of the Peace or magistrate of a county, county of a city, or county of a town, or of any city or town corporate; and that the word "Constable” shall be understood to include all chief and other constables and sub-constables appointed under any Act relating to the constabulary force of Ireland, or for the regulation of the police district of Dublin.

IX. That this Act may be amended or repealed by any Act to be passed in this session of Parliament.

CAP. LXXXV.

AN ACT for giving further Facilities for the Transmission of Letters by Post, and for the regulating the Duties of Postage thereon, and for other Purposes relating to the Post Office.

(22nd July 1847.)

ABSTRACT OF THE ENACTMENTS.

1. So much of 3 & 4 Vict. c. 96. as enacts that no letter exceeding sixteen ounces weight shall be sent by post, repealed.

2. Power to Treasury to fix maximum weight of letters to be sent by post from time to time.

3. Power to collect foreign and colonial rates, and to require prepayment of postage in money or stamps.

4. Power to Treasury to reduce British postage.

5. Power to allow writing or marks, &c., in addition to the direction, to be put on printed newspapers.

6. Repeal of restriction on letters of seamen, &c. liable to foreign postage.

7. Privilege to be enjoyed by them, but subject to payment of foreign postage.

8. Receipts to be given for post letters, &c. at expence of person requiring the same.

9. Dies to be provided by Commissioners of Stamps and Taxes.

10. Letters sent contrary to the regulations of this or the recited Act may be detained.

11. Commissioners under any fiat of bankruptcy may order letters addressed to the bankrupt to be redirected or delivered to the official assignee.

12. Power to compel senders to pay postage of rejected letters.

13. Post office stamps to be evidence of letters being rejected.

14. In proceedings for postage the apparent writer to be deemed the sender of a letter.

15. Post office tax to be evidence of postage due.

16. Power to send mails by railways in manner prescribed by 1 & 2 Vict. c. 98. without a guard.

17. Postage duties to be part of the post office revenue.

18. Treasury warrants may be signed by three Commissioners.

19. London Gazette to be evidence of Treasury warrants.

20. Interpretation of Act.

21. Commencement of Act.

22. Act may be altered, &c.

By this ACT,

After reciting that by 3 & 4 Vict. c. 96. it is enacted, that no letter exceeding sixteen ounces in weight shall be forwarded by the post between places within the United Kingdom, except as therein mentioned: and that it is expedient that such enactment should be repealed:

It is Enacted,

1. That the said enactment shall be and the same is hereby repealed.

11. That in order to prevent packets of an unwieldy bulk or an inconvenient size being transmitted by the post it shall be lawful for the Commissioners of Her Majesty's Treasury, at any time or times hereafter, by warrant under their hands, to fix the maximum weight of letters to be sent by the post, and from time to time to repeal or revoke such maximum weight, wholly or in part, and declare any other maximum of weight in lieu thereof; and all letters shall be forwarded, conveyed, and delivered by the post in conformity with any such warrant, and also in conformity with and under and subject to all such orders, conditions, limitations, regulations, and restrictions as to the form, size, or dimensions thereof, whether in proportion to the weight or otherwise as the Postmaster General, with the consent of the Commissioners of Her Majesty's Treasury, shall from time to time direct.

III. That the Postmaster General may collect and receive the foreign and colonial postage charged or chargeable on any letters sent by the post, and may also, with the consent of the Commissioners of Her Majesty's Treasury, require the postage (British, colonial, or foreign,) of any letters sent by the post to be pre-paid, either in money or in stamps (as he may think fit), on the same being put into the Post Office, and he may also, with such consent, abolish, or restrict the pre-payment in money of postage on letters sent by the post, either altogether or on certain letters, and may require the pre-payment thereof to be in stamps, and may refuse to receive or send by the post any letters tendered contrary to any regulations made under this

enactment.

iv. That in all cases in which the British postage chargeable on any letters sent by the post shall exceed the sum of 1d., it shall be lawful for the Commissioners of Her Majesty's Treasury, by warrant under their hands, to reduce such postage to any other rate of postage they may from time to time think fit.

v. That it shall be lawful for the Postmaster General, if he shall think fit (with the consent of the Commissioners of Her Majesty's Treasury), to allow any printed words, writing, or marks (in addition to the direction) to be put on any printed newspapers or other printed papers sent by the post, or on the covers thereof; and any such newspapers or other printed papers shall from thenceforth be forwarded either free of postage, or subject to such rates of postage as the Postmaster General, with the consent of the Commissioners of Her Majesty's Treasury, shall from time to time direct.

VI. That the enactment in the said Act, 3 & 4 Vict. c. 96, that the privilege thereby given to seamen and soldiers shall not extend to any letters liable to any foreign rates of postage, shall be and the same is hereby repealed.

VII. That the privilege given to seamen and soldiers by the said Act, 3 & 4 Vict. c. 96, shall be enjoyed by such seamen and soldiers, whether any such letters shall be liable to any foreign postage or not, but subject to the payment of the foreign postage, if any be chargeable thereon.

VIII. That it shall be lawful for the Postmaster General (if he shall think fit) to direct, that in case a receipt for any letters brought to the Post Office to be forwarded by the post shall be required, a printed or written receipt shall be given for the same, in such form as the Postmaster General shall appoint, at the expense of the person requiring the same; and the charge for such receipt shall be fixed at such amount, and shall be collected or paid at such time and in such manner, whether in stamps or in money, as the Postmaster General, with the consent of the Commissioners of Her Majesty's Treasury, shall from time to time direct; and the letters for which such receipts may be required shall be delivered to the Post Office, and shall also be delivered by the Post Office, under and subject to all such regulations in every respect as the Postmaster General shall from time to time appoint; but the giving of such receipts shall not render the Postmaster General or any officer of the Post Office or the Post Office revenue liable for the loss of any such letters or the contents thereof.

IX. That the Commissioners of Stamps and Taxes shall from time to time provide proper and sufficient dies and other implements for expressing and denoting the rates or duties of postage payable within the United Kingdom under this Act, or under any warrant or warrants issued by the Commissioners of Her Majesty's Treasury under the provisions of this Act or the said recited Act, and also for expressing and denoting the duties to be payable upon any such receipts for letters to be forwarded by the post as aforesaid; and the duties which shall be expressed or denoted by any such dies shall be denominated and deemed to be stamp duties, and shall be under the care and management of the Commissioners of Stamps and Taxes for the time being; and so much of the said Act, 3 & 4 Vict. c. 96, as relates to the stamp duties arising under that Act shall, so far as the same may be applicable, and consistent with the provisions of this Act, be applicable to the stamp duties arising under this Act.

x. That it shall be lawful for the Postmaster General and any officer of the Post Office to detain any letters which shall be posted or sent by the post contrary to the regulations of this Act or the said recited Act, or contrary to any regulations made under the authority of this Act or the said recited Act, or contrary to the regulations of any Treasury warrant which shall be issued under or by virtue of this Act, or which has been or shall be issued under or by virtue of the said recited Act, and to open such letters, and either to return them to the senders thereof, or to forward them to the places of their destination, charged in either case with such rates of postage as the Postmaster General, with the consent of the Commissioners of Her Majesty's Treasury, shall from time to time direct.

XI. That it shall be lawful for any Commissioner of Bankrupts or any Court of Bankruptcy acting under any fiat or commission of bankruptcy, in England or Ireland to order that for a period not exceeding three calendar months from the date of any such order all post letters directed or addressed to any bankrupt at the place of which he shall be described in the fiat or commission awarded or issued against him shall be re-directed, re-addressed, sent, or delivered by the Postmaster General, or the officers acting under him, to the official or other assignee, or other person named in such order; and that upon notice of any such order to be given to the Postmaster General, or the officers acting under him, by the official or other assignee, or other person named in such order, of the making of such order, it shall be lawful for the Postmaster General, or such officers aforesaid, in England or Ireland, to re-address, re-direct, send, or deliver all such post letters to the official or other assignee, or other person named in such order, accordingly; and such Commissioner or Court of Bankruptcy may, upon any application to be made for that purpose, renew any such order for a like or any other less period as often as may be necessary.

And after reciting that provision is made by the Post Office laws for payment of the postage of letters which have been refused, or which have been addressed to persons who are dead or cannot be found, by the writers or senders thereof; and it is expedient to extend such provisions to rejected letters in certain cases;

It is Enacted,

XII. That in all cases in which the postage of any unstamped letter shall not have been paid by the sender thereof, and the party to whom such letter shall be addressed shall, upon receiving the same, and paying the postage thereof, be desirous to reject

such letter, and to compel the sender thereof to pay such postage, it shall be lawful for the Postmaster General upon the application of the party to whom any such letter shall be addressed, and under such regulations as the Postmaster General, with the consent of the Commissioners of Her Majesty's Treasury, shall think fit, to charge the postage thereof to the sender of such letter, and also the additional postage of returning the same to him, and in every such case the sender of such letter shall pay the postage of sending and also of returning the same: Provided that nothing herein contained shall operate to release the party to whom any such letter shall be originally addressed from his liability to pay the postage thereof upon the delivery of such letter to him.

XIII. That upon any trial or hearing of any action or proceeding for the recovery of any postage the production of any letter in respect of which such postage shall be sought to be recovered, having thereupon a post office stamp denoting that such letter had been refused or rejected, or that the party to whom any such letter had been addressed was dead or could not be found, shall be prima facie evidence of the refusal or rejection of such letter, or that such person was dead or could not be found, according to the import and meaning of the said post office stamp thereupon.

XIV. And it is enacted and declared, That in any suit or other proceeding for the recovery of any postage payable under or by virtue of the Post Office laws, the person from whom any letter in respect of which any postage shall be sought to be recovered shall purport to have come shall be deemed to be the sender thereof, and the onus shall lie upon the party proceeded against to prove that such letter did not come from and was not sent by him.

xv. That in all proceedings whatsoever for the recovery of any postage, either within the United Kingdom or within any of Her Majesty's colonies, the post office tax upon any letter shall in all cases be evidence of the liability of such letter to be so taxed, and that the sum so taxed thereupon is payable as and for the postage thereof.

And after reciting that by 1 & 2 Vict. c. 98, intituled 'An Act to provide for the Conveyance of the Mails by Railways,' provision is made for the transmission of the mails by railways;

It is Enacted,

XVI. That it shall be lawful for the Postmaster General to require, in the manner prescribed by the said last-mentioned Act, that any mails and post letter bags shall be conveyed and forwarded by any railway company on their railway, under and pursuant to the said Act, notwithstanding any guard or other officer of the Post Office shall not be sent with the same or in charge thereof, and such mails and post letter bags shall be conveyed and forwarded by such railway company accordingly.

XVII. That all monies paid to or received by the Post Office for rates or duties of postage under or by virtue of this Act, or for receipts for letters sent by the post, shall form part of the revenue of the Post Office.

XVIII. That whenever the warrant of the Commissioners of Her Majesty's Treasury is required by this Act, such warrant may be under the hands of the Commissioners of Her Majesty's Treasury, or any three of them; and that whenever the order, consent, authority, or direction of the Commissioners of Her Majesty's Treasury is prescribed by this Act, such order, consent, authority, or direction (not being by warrant) may be signified either under the hands of the Commissioners of Her Majesty's Treasury, or any three of them, or under the hand of one of their secretaries or assistant secretaries.

XIX. That any printed copy of the London Gazette purporting to be printed and published by the person or persons having authority to print and publish the same shall be admitted as evidence by all Courts, Judges, Justices, and others, in any part of Her Majesty's dominions, of any Treasury warrant which shall be issued under or by virtue of this Act, or which has been or shall be issued under or by virtue of the said Act, 3 & 4 Vict. c. 96, or of an Act, 7 & 8 Vict. c. 49, intituled An Act for the better Regulation of Colonial Posts,' or either of them, and contained in any such Gazette, and of the due issuing thereof, and of the rates and regulations contained in any such warrant having been duly made and established, and of the other contents of any such warrant, without any further or other proof of such warrant.

xx. That this present Act shall be deemed and taken to be a Post Office Act; and that the following terms and expressions, whenever used in this Act, or in any Treasury warrant issued under or by virtue thereof, shall have the several interpretations hereinafter respectively set forth, unless such interpretations are repugnant to the subject-matter or inconsistent with the context in which they may be found; (that is to say,) that the term "by the post" shall include the conveyance by any post established under the authority or controul of the Postmaster General; and that the term "letter," as also the term "letters," used in this Act, shall be construed according to the interpretation of the term "letter" contained in the said Act, 7 & 8 Vict. c. 49; and that the term "railway," used in this Act and in the said Act, 1 & 2 Vict. c. 98, shall include every railway already constructed or hereafter to be constructed under the powers of any Act of Parliament; and that whenever the term "railway company" or "company of proprietors" is used in this Act, or in the said last-mentioned Act, it shall be construed to extend to include the proprietors for the time being of any such last-mentioned railway, and any lessees or tenants thereof; and that the several other terms and expressions used in this Act shall be construed according to the respective interpretations contained or referred to in the said Act, 3 & 4 Vict. c. 96, so far as those interpretations are not repugnant to the subject or inconsistent with the context of such terms and expressions.

XXI. That this Act shall come into operation on the 1st of August 1847.

XXII. That this Act may be altered or repealed by any Act to be passed during the present session of Parliament.