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No. LXI. 'commission to be made or issued in pursuance of the same Act, whereby 43 Geo. III. persons guilty of those offences, and more particularly when such mur

• ders or manslaughters happen to be committed out of the realm, and not c. 113.

upon the high seas, may frequently escape punishment, to the encourage* ment and evil example of evil doers;' Be it therefore enacted by the authority aforesaid, That from henceforth all and singular the powers and authorities in the said last-recited Act contained respecting the offence of murder, and the examination of any person or persons upon any murders by the King's council, or three of them, and the making or issuing of commissions of Oyer and Terminer for the trial, conviction, or delivery of offenders, and the inquiring, hearing, and determining of all such murders in manner therein mentioned, and all other the clauses, provisoes, conditions, and declarations concerning the offence of murder, and the inquiring, hearing, and determination thereof, and the trial, conviction, or delivery of such offenders therein, as in the same Act are mentioned, shall be, and the same are hereby extended to the offence of procuring, direct. ing, counselling, commanding, or otherwise becoming an accessary or accessaries before the fact to any murder or murders; and also to the offence of

manslaughter, in like manner as if those offences had been expressly men. If on trial (un- tioned in the said last-recited Act; and in case any offender or offenders, der this or re. shall, in pursuance of this or the said recited Act, be indicted for the cited Act) of offence of murder, and upon such trial it shall appear that the person or any offender

persons, or any of them, so indicted and tried, is or are guilty of manfor murder it slaughter, and of no greater offence, the jury may on such indictment find shall appear he

the is guilty of

party or parties guilty of manslaughter only ; (1) or in case of doubt manslaughter

or difficulty, may find a special verdict, upon which there shall be the like only, the jury proceedings, judgement, and punishment, or execution, as if the offence may find ac- had been committed within the body of any county within this realm, and cordingly, &c. such trial had been had, and such general or special verdict had been found

upon an indictment for murder, found and tried according to the course of de the common law by a jury of the same county within which the offence sous was committed.

site Act not to ex

VII. Provided, That nothing in this Act contained shall extend, or be tend to Ire

construed to extend, to that part of the united kingdom called Ireland. land.

(1) Perhaps few stronger instances could general use, than the supposed necessity of be adduced of the inconvenience arising from this enactment the same provision having the voluminous extent of the Statutes, unas- been made only four years before, by st. 39 sisted by some collection of those in more Geo. III. c. 37. post, class 13.

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[No. LXII.] 45 George III. c. 66.- An Act to prevent in

Great Britain the illegally carrying away Bark; and for amending two Acts, passed in the Sixth and Ninth Years of his present Majesty's Reign, for the Preservation of Timber Trees, Underwoods, Roots, Shrubs, Plants, Hollies, Thorns, and Quicksets.-127th June 1805.]

[Inserted Pt. VI. CI. XL. No. 14.

[No. LXIII.] 52 George III. c. 16.-An Act for the more

exemplary Punishment of Persons destroying or injuring any Stocking or Lace Frames, or other Machines or Engines used in the Framework knitted Manufactory, or any Articles or Goods in such Frames or Machines; to continue in force until the first day of March, one thousand eight hundred and fourteen.*--[20th March 1812.]

* The offence of Frame-breaking was, by repealed by st. 54 Geo. III. c. 42, and trans. this Act, made capital; which provision 'was portation for fourteen years substituted in its

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[No. LXIV.] 52 George III. c. 130.–An Act for the No. LXIV.

niore effectual Punishment of Persons destroying the 52 Geo. III. Properties of his Majesty's Subjects; and enabling the

c. 130. Owners of such Properties to recover Damages for the

Injury sustained.-[18th July 1812.]
WHEREAS an Act passed in the first year of the reign of his Majesty 1 Geo. 1. st. 2.

King George the First, intituled, An Act for preventing Tumults and c. š. ' riotous Assemblies, and for the more speedy and effectual punishing the 9 Geo. 1. c. 22. Rioters: And whereas an Act passed in the ninth year of the reign of his

said Majesty King George the First, intituled, An Act for the more effec'tual Punishing wicked and evil-disposed Persons, going armed in Disguise,

' and doing Injuries and Violences to the Persons and Properties of his Mashan jesty's Subjects, and for the more speedy bringing the Offenders to Justice :

And whereas an Act passed in the ninth year of the reign of his Majesty 9 Geo. 3. c. 29. King George the Third, intituled, An Act for the more effectual Punishment of such Persons as shall demolish or pull down, burn or otherwise destroy or spoil any Mill or Mills; and for preventing the destroying or damaging of

Engines for draining Collieries and Mines ; or Bridges, Waggon Ways or

other things used in conveying Coals, Lead, Tin or other Minerals from 13 0

Mines; or Fences for enclosing Lands in pursuance of Act of Parliament :

And whereas an Act passed in the forty-first year of the reign of his 41 Geo. 3. find present Majesty King George the Third, intituled, An Act for the indemni- (U. K.) c. 24.

'fying of Persons injured by the forcible pulling down and demolishing of like Mills, or of Works thereunto belonging, by Persons unlawfully and riot

ously assembled: And whereas an Act passed in the forty-third year of the 43 G. 3. c. 58. reign of his present Majesty King George the Third, intituled, An Act for

the further Prevention of malicious Shooting, and attempting to Discharge 2 of " loaded Fire-arms, Stabbing, Cutting, Wounding, Poisoning, and the maliice 'çious using of means to procure the Miscarriage of Women ; and also the

' malicious setting Fire to Buildings ; and also for repealing a certain Act, be made in England, in the twenty-first year of the late King James the

First, intituled, . An Act to prevent the Destroying and Murthering of Bastard Children ;' and also an Act made in Ireland in the sixth year

of the reign of the late Queen Anne, also intituled, An Act to prevent of the Destroying and Murthering of Bastard Children;' and for making other

* Provisions in lieu thereof: And whereas it is expedient and necessary that more effectual provisions should be made for the protection of property not within the provisions of the said Acts;' May it therefore please your

Majesty that it may be enacted; and be it enacted by the King's most exin

cellent Majesty, by and with the advice and consent of the Lords Spiritual

and Temporal, and Commons, in this present Parliament assembled, and or i by the authority of the same, That every person who shall, from and after Wilfully der's the passing of this Act, wilfully or maliciously burn or set fire to any stroying buildof buildings, erections or engines, which shall be used or employed in the ings, &c.

carrying on or conducting of any trade or manufactory, or any branch or department of any trade or manufactory of goods, wares or merchandize, of

any kind or description whatsoever, or in which any goods, wares or merchandize, shall be warehoused or deposited, shall

, upon being lawfully convicted thereof, be adjudged guilty of felony, without benefit of clergy, Death. and shall suffer death as in cases of felony, without benefit of clergy.

II. And be it further enacted, That if, after the passing of this Act, any Demolishing person or persons unlawfully, riotously and tumultuously assembled toge- buildings, &c.

ther in disturbance of the public peace, shall unlawfully and with force у demolish or pull down, or begin to demolish or pull down, any erection and

building or engine which shall be used or employed in the carrying on or 1

conducting of any trade or manufactory, or any branch or department of any trade or manufactory of goods, wares or merchandize, of any kind or room. At the time of printing off this sheet, be inserted in the Addenda, and noticed in an Act is on the point of passing by which the the Table of Contents. offence is again made capital. The Act will

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No. LXIV. description whatsoever, or in which any goods, wares or merchandize, shal

be warehoused or deposited, that then every such demolishing or pulling 52 Geo. III. down, or beginning to demolish or pull down, shall be adjudged felony, with c. 130.

out benefit of clergy, and the offenders therein shall be adjudged felons

and shall suffer death as in cases of felony, without benefit of clergy. Death.

III. And be it further enacted, That the person or persons injured or Value of or damnified by such demolishing or pulling down, wholly or in part, of an damage done such erection, building or engine as aforesaid, shall be entitled to, and mai to manufac- and is and are hereby empowered to recover the value of such erection tories, &c. re- building, or engine, and of the machinery belonging thereto, or used there. covered as in, which shall be destroyed in such demolishing as aforesaid, or the under

amount of the damage which may be done to any such erection, building or engine or machinery aforesaid, in such tuinultuous and riotous demo lishing in part as aforesaid; and such value or damage shall and may be recovered, levied, raised and reimbursed, in such manner and form, and by

such ways and means as are particularly provided, directed, or referred to 1 G. 1. st. 2. in the said recited Act of the first year of the reign of his late Majesty c. 5,

King George the First, in respect of the several descriptions of buildings

therein mentioned. Proceedings IV. Provided always, and be it further enacted, That no person or per

sons shall be enabled to recover any damages by virtue of this Act, unless damages. he or they, by themselves or by their servants, within two days after such

damage or injury done him or them by any such offender or offenders as aforesaid, shall give notice of such offence done and committed unto some of the inhabitants of some town, village, or hamlet near unto the place where any such fact shall be committed, and shall within four days after such notice, give in his, her or their examination upon oath (1), or the er. amination upon oath of his, her, or their servant or servants, that had the care of his or their erections, buildings, engines or machinery so destroyed or damaged as aforesaid, before any justice of the peace of the county. liberty or division where such fact shall be committed, inhabiting within the said hundred where the said fact shall happen to be committed, or near unto the same, whether he or they do know the person or persons that committed such fact, or any of them; and if upon such examination it be confessed that he or they do know the person or persons that committed

the said fact, or any of them, that then he or they so confessing shall be Recognizances bound by recognizance to prosecute such offender or offenders by indietProviso.

ment or otherwise, according to the law of this realm: Provided also, that no person who shall sustain any damage by reason of any offence to be committed by any offender contrary to this Act, shall be thereby enabled to sue or bring any action against any inhabitants of any hundred where such offence shall be committed, except the party or parties sustaining such damage shall commence his or their action or suit within one year next after such offence shall be committed : Provided nevertheless, that the notice hereby required may and shall be given in Scotland to the sheriff or

steward depute or substitute of the county or stewartry where such fact Scotland. shall happen to be committed, in order that such measures may be taken as

the Law of Scotland prescribes in such cases. (1) In an action on the stat. 52 Geo. III. oath, without stating that to the best of bis c. 130, to recover the value of premises felo- belief the others had no knowledge of the niously destroyed, brought against the hun- person who committed the fact.-Held that dred by several partners in trade, three of was not sufficient. Nesham v. Armstrong, whom were present when the fact was com- 1 B. & A. 146. mitted, one only gave in his examination upon

an

[No. LXV.] 54 George 111. c. 42.-An Act to repeal

Act of the Fifty-second Year of his present Majesty, for the Punishment of Persons destroying Stocking or Lace Frames, or any Articles in such Frames, and to make other Provisions instead thereof.-[20th December 1818.]

[See Note to No. 64, supra.]

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No. LXVI.1 56 George III. c. 125.-An Act for the more No. LXVI.

effectual Punishment of Persons riotously destroying or 56 Geo. III. damaging Buildings, Engines and Machinery used in and

c. 125. about the Collieries and other Mines, Waggon-ways, Bridges and other Works, used in conveying and shipping Coals and other Minerals; and for enabling the Owners of such Property to recover Damages for the Injury sustained.—[1st July 1816.] W THEREAS an Act passed in the first year of the reign of his Majesty 1 Geo. 1, st. 2.

King George the First, intituled, An Act for preventing Tumults and c. 5. riotous Assemblies, and for the more speedy and effectual punishing the Rioters : And whereas an Act passed in the ninth year of the reign of his 9 Geo. 3. c. 29. present Majesty King George the Third, intituled, An Act for the more effectual Punishment of such Persons as shall demolish or pull down, burn or otherwise destroy or spoil any Mill or Mills ; and for preventing the destroying or damaging of Engines for Draining Collicries and Mines, or Bridges, Waggon-ways, or other things used in conveying Coals, Lead, Tin

or other Minerals from Mines, or Fences for inclosing Lands, in pursuance 8.1 of Act of Parliament: And whereas an Act passed in the fifty-second year 52 G. 3. c. 130.

of the reign of his present Majesty, intituled, An Act for the more effectual Punishment of Persons destroying the Properties of his Majesty's Subjects, and enabling the Owners of such Properties to recover Damages for the injury sustained: And whereas it is expedient and necessary that more * effectual provisions should be made for the protection of property not 03 within the provisions of the said Acts: May it therefore please your Ma

jesty that it may be enacted; and be it enacted by the King's most excel- Dent 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 if, after the passing of this Act, any person or persons unlawfully, riotously and tumultuously assembled toge- Demolishing gether in disturbance of the public peace, shall unlawfully and with force or destroying

demolish, pull down, destroy or damage, or begin to demolish, pull down, engines, erecI destroy, or damage any fire engine or other engine, erected' or to be tions or other

works, belong erected for making, sinking or working collieries, coal mines, or other

ing to colmines, or any bridge, waggon way or trunk, erected or made, or to be lieries, &c.

erected or made for conveying coals or other minerals from any colliery, bles coal mine, or other mine, to any place, or for shipping the same, or any

staith or other erection or building for depositing coals or other minerals, ed" or used in the management or conducting of the business of any such coli liery, coal mine or other mine, whether the same engines, bridges, waggon283 ways, trunks, staiths, erections and other buildings or works shall be re

spectively completed and finished, or only begun to be set up, made and

erected, that then every such demolishing, pulling down, destroying and ich: damaging, or beginning to demolish, pull down, destroy and damage, shall takit be adjudged felony, without benefit of clergy: and the offenders therein

shall be adjudged felons, and shall suffer death as in case of felony without Death. benefit of clergy.

II. And be it further enacted, That the person or persons injured or Persons indamnified by such demolishing, pulling down, destroying or damaging, or jared may rebeginning to demolish, pull down, destroy or damage any such property cover value of hereinbefore specified, shall be entitled to and may and are hereby em- property de. powered to recover the value of such property hereinbefore specified, so stroyed under

1 Geo, 1. st. 2. demolished, pulled down, destroyed or damaged as aforesaid, or the amount

c. 5. of the damage done to the same as aforesaid; and such value or damage

shall and may be recovered, levied, raised, and reimbursed in such manner -, ki and form, and by such ways and means as are particularly provided, direct1,360 ed or referred to in the said recited Act of the first year of the reign of his

late Majesty King George the First, in respect of the several descriptions

of buildings therein mentioned. 3:]

III. Provided always, and be it further enacted, That whenever any per- Owners of en

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No. LXVI. son or number of persons shall so unlawfully assemble together in disturi 56 Geo. III. the owner or proprietor or owners or proprietors of any of the engine

ance of the public peace as aforesaid, the person or persons who is or alle c. 125.

works, buildings, or other property hereinbefore particularly specified

shall, as soon as conveniently may be after such unlawful assembly shal gines and

take place, by himself or themselves, or by his or their servants, give works, &c. to

cause to be given due notice and information of such assembly having take, give notice to magistrates of place, to some or one of the nearest magistrates, and to the constable unlawful-as

some one of the resident housekeepers of the towns, villages or hamlet semblies; and near to the place where any such assembly shall take place; and that after sustain- person or persons shail be enabled to recover any damages by virtue ing damage, to this Act, unless he or they shall have given such notice and information give notice aforesaid, by himself or themselves, or by his or their servants, within tw within two days after such damage or injury done him or them by any such offende days after to

or offenders as aforesaid +, shall give notice of such offence done and com some inha

mitted, unto some of the inhabitants of some town, village or hamle bitants of

near unto the place where any such fact shall be committed; and shal town, &c.

within four days after such notice give in his or their examination upoi + Sic.

oath, or the examination upon oath of his, her or their servant or servant Examinations that had the care of his, her or their property hereinbefore specified, si destroyed or damaged as aforesaid, before any justice of the peace

of th · be had before county, liberty or division where such facts shall be committed, inhabitin

a justice with within the said hundred where the said fact shall happen to be committed in four days as or near unto the same, whether he or they do know the person or person to a know.

that committed such fact, or any of them; and if upon such examinatio ledge of the offenders.

it be confessed that he or they do know the person or persons that com mitted the said fact, or any of them, that then he or they so confessing shal

be bound by recognizance to prosecute such offender or offenders, by in Limitation of dictment or otherwise, according to the law of this realm: Provided also action for

that no person who shall sustain any damage by reason of any offence to damages.

be committed by any offender contrary to this Act, shall be thereby en abled to sue or bring any action against any inhabitants of any hundrer where such offence shall be committed, except the party or parties sus

taining such damage shall commence his or their action or suit within on In Scotland

year next after such offence shall be committed : Provided nevertheless : notice to be

that the notice hereby required may and shall be given in Scotland to the given to she- sheriff or stewart depute, or substitute of the county or stewartry wher...? riff, &c.

such fact shall happen to be committed, in order that such measures majiti be taken as the law of Scotland prescribes in such cases.

upon oath to

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ازالة *

[No. LXVII.] 57 George III. c. 126.-- An Act to repeal

an Act passed in the Fifty-fourth Year of his present MaL jesty, for the Punishment of Persons destroying Stockingse! or Lace Frames, and Articles in such Frames; and touli make, until the First Day of August one thousand eight hundred and twenty, other Provisions in lieu thereof.

[11th July 1817.] No. LXVII. WHEREAS an Act was passed in the fifty-second year of his present

Majesty's reign, intituled, An Act for the more exemplary Punishment 57 Geo. III. of Persons destroying or injuring any Stocking or Lace Frames, or other it c. 126.

Machines or Engines used in the Framework Knitted Manufactory, or any

Articles and Goods in such Frames or Machines ; to continue in force until com 52 G. 3. c. 16. the First Day of March One thousand eight hundred and fourteen: And 54 G. 3. c. 42. whereas an Act passed in the fifty-fourth year of the reign of his presenti

Majesty, intituled, An Act to repeal an Act of the Fifty-second Year of his up present Majesty; for the Punishment of Persons destroying Stocking or Lace this Frames, or any Articles in such Frames, and to make other Provisions in="to stead thereof : And whereas it is expedient that the said last recited Act of th the fifty-fourth year aforesaid should be repealed, and other provisions vai made instead thereof: Be it therefore enacted by the King's most excel- ole pre

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