ported under his or her original sentence of transportation, to the full extent of the term specified in such sentence, and shall be liable to all the consequences of such sentence in the same manner as if no order for sending him or her to the Millbank Prison had been made.

XXI. That if any convict in the said prison shall become or be found to be insane during such confinement upon the certificate of two physicians or surgeons, and shall be so reported by the inspectors to one of Her Majesty's principal Secretaries of State, it shall be lawful for such Secretary of State, by warrant under his hand, to order that such insane convict shall be forthwith removed to such lunatic asylum as the said Secretary of State may judge proper; and every convict so removed shall remain under confinement in such asylum, or in any other lunatic asylum to which such convict may be lawfully removed, until it shall be duly certified to one of Her Majesty's principal Secretaries of State by two physicians or surgeons that such convict has become of sound mind, whereupon, if the time for which such convict was sentenced to be imprisoned shall not have expired, the Secretary of State shall be authorized to issue his warrant to the governor or other person having the care of such asylum, ordering that such convict be remanded to the Millbank Prison, or, if the period of imprisonment of such convict shall have expired, that he or she be discharged.

XXII. That every convict in the Millbank Prison who at any time during the term of his or her imprisonment shall break prison, or who, while being conveyed to such prison, shall escape from the person or persons having the lawful custody of such convict, shall be punished by an addition not exceeding three years to the term of his or her imprisonment, and if afterwards convicted of a second escape or breach of prison shall be adjudged guilty of felony; and every convict in the Millbank Prison who at any time during the term of his imprisonment shall attempt to break prison, or who shall forcibly break out of his or her cell, or make any breach therein with intent to escape therefrom, shall be punished by an addition not exceeding twelve calendar months to the term of his or her imprisonment.

and

XXIII. That every person who shall rescue any convict either during the time of his or her conveyance to or from the said prison or of his or her imprisonment therein, and also every person who shall aid in such rescue, shall be guilty of felony; every person having the custody of any such convict as aforesaid, or being employed by the person having such custody as a keeper, under-keeper, turnkey, assistant or guard, who shall knowingly and wilfully allow such convict to escape, and also every person who, by supplying arms, tools, or instruments of disguise, or otherwise, shall in any manner aid any such convict in any escape, though no escape be actually made, and every person who shall attempt to rescue any such convict or aid in any such attempt, though no rescue be actually made, shall be guilty of felony; and every person having such custody as aforesaid who shall carelessly allow any such convict to escape shall be guilty of a misdemeanor, and being lawfully convicted of such misdemeanor, shall be liable to fine or imprisonment, or to both, at the discretion of the Court.

XXIV. That every officer or servant of the Millbank Prison who shall bring or carry out, or endeavour to bring or carry out, or knowingly allow to be brought or carried out, to or for any such convict, any money, clothing, provisions, tobacco, letters, papers or other articles whatsoever not allowed by the rules of the prison, shall be forthwith suspended from his or her office by the governor of the prison, who shall report the offence to the inspectors at their next meeting, and the inspectors shall inquire thereof upon oath, which they shall be empowered to administer, and upon proof of the offence shall dismiss such officer or servant, and may also, if they shall think fit, cause the offender to be apprehended and carried before a Justice of the Peace, who shall be empowered to hear and determine any such offence in a summary way; and every such officer or servant, upon conviction of such offence before a Justice of the Peace, shall be liable to pay a penalty not exceeding 50%, or, in the discretion of the Justice, to be imprisoned in the common gaol or house of correction, there to be kept, with or without hard labour, for any time not exceeding six calendar months.

And it is Declared and Enacted,

XXV. That every person who upon examination on oath or affirmation before the said inspectors shall wilfully give false evidence shall be liable to the pains and penalties of perjury.

XXVI. That every convict or other person who shall commit any offence mentioned in this Act or in any way relating to the Millbank Prison, for which he or she is not liable to be summarily convicted, may be tried before the Justices of oyer and terminer either at the Central Criminal Court or for the county in which the offender shall be taken; and in any case of any prosecution for any such offence either against a convict or against any other person or persons concerned therein or accessory thereunto, a copy, properly attested, of the order of commitment to such prison, with proof that the person then in question before the Court, is the same who was delivered with such order, and production of the register of the said prison, shall be sufficient evidence of all the facts entered in such register as to such convict, without the production of any record or conviction or other proof that such convict had been convicted of felony, and legally ordered to be imprisoned in the Millbank Prison. XXVII. That an account of the expenses of carrying this Act into execution shall be annually laid before both houses of Parliament, and shall be provided for by Parliament.

XXVIII. That the provisions of all Acts of Parliament now or which at any time hereafter shall be in force for rendering Justices of the Peace safe in the execution of their offices, shall extend to the said inspectors and to the governor of the Millbank Prison.

XXIX. That all suits and prosecutions to be commenced by any person or persons for anything done in pursuance of this Act shall be laid or tried in the county or place where the fact was committed, and shall be commenced within six calendar months after the fact committed, and not otherwise.

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

VOL. XXI-STAT.

H

CAP. XXVII.

AN ACT for granting to Her Majesty, until the Fifth Day of July One thousand eight hundred and forty-four, certain Duties on Sugar imported into the United Kingdom, for the Service of the Year One thousand eight hundred and forty-three.

ABSTRACT OF THE ENACTMENTS.

(4th July 1843.)

1. Duties imposed by 6 & 7 Will. 4. c. 26. and 3 & 4 Vict. c. 17. continued till 5th of July 1844.

2. Collection of the duties.

3. Bounties on certain descriptions of refined sugar.

4. Her Majesty may allow the importation of sugar the growth of certain British possessions at the lower rate of duty.

5. Separate accounts to be kept in the Exchequer of the duties arising in Great Britain.-Duties arising in Ireland to be paid inte the Exchequer there.

6. The Treasury may direct Exchequer bills to be made out not exceeding 3,000,000l.

7. Powers of Acts extended to this Act.

8. Exchequer bills to bear an interest.

9. Bank of England may advance money on the credit of this Act, notwithstanding 5 & 6 W. & M. c. 20.

10. Bills to be delivered to the Bank of England as security for advances.

11. Exchequer bills to be charged on the duties granted by this Act.

12. Money due to be paid out of next aids.

13. Surplus monies to be carried to Consolidated Fund.

14. Treasurer to allow necessary charges of making forth new Exchequer bills.

15. Monies issued to be replaced out of the first supplies.

16. Act may be amended this session.

By this Act, the Commons grant and it is Enacted:

1. That the duties imposed on sugar and molasses by an Act, 6 & 7 Will. 4. c. 26, intituled, 'An Act for granting to His Majesty, until the Fifth Day of July One thousand eight hundred and thirty-seven, certain Duties on Sugar imported into the United Kingdom, for the Service of the Year One thousand eight hundred and thirty-six,' and by an Act, 3 & 4 Vict. c. 17, intituled, An Act for granting to Her Majesty Duties of Customs, Excise, and Assessed Taxes,' shall be further continued until the 5th of July 1844.

II. That the duties hereby continued shall be collected, paid, and accounted for in such and the like manner as if the said duties had been continued to the 5th of July 1844 by the said first-recited Act.

III. That the respective bounties now payable on sugar by an Act, 3 & 4 Will. 4. c. 58, intituled, 'An Act to grant certain Bounties and Allowances of Customs,' and also by an Act, 1 & 2 Vict. c. 33, intituled, An Act for granting to Her Majesty, until the Fifth Day of July One thousand eight hundred and thirty-nine, certain Duties on Sugar imported into the United Kingdom, for the Service of the Year One thousand eight hundred and thirty-eight,' shall continue to be allowed and paid so long as the duties on the importation of sugar imposed by the said first-recited Act shall remain in force or be further continued by any Act hereafter to be passed.

IV. Provided and enacted, That if at any time satisfactory proof shall have been laid before Her Majesty in Council that the importation of foreign sugar into any British possession within the limits of the East India Company's Charter is prohibited, it shall be lawful for Her Majesty, by and with the advice of Her Privy Council, or by Her Majesty's order in council to be published from time to time in the London Gazette, to allow the importation of sugar the growth of any such British possession at the lower rate of duty in the said first-recited Act specified, in like manner and under the same restrictions and conditions as sugar the growth of the presidency of Fort William in Bengal may be imported subject to a lower rate of duty under the provisions of the said first-recited Act.

v. That a distinct and separate account shall be kept in the office of the Comptroller General of the Receipt and Issue of Her Majesty's Exchequer at Westminster of all the money that shall be paid to the account of Her Majesty's Exchequer at the Bank of England from so much of the said duties hereby granted on sugar as shall arise and be payable in Great Britain; and it shall be lawful for the Commissioners of Her Majesty's Treasury of the United Kingdom of Great Britain and Ireland to issue and apply the same from time to time to such services as shall then have been voted by the Commons of the United Kingdom of Great Britain and Ireland in this present session of Parliament; and so much of the said duties on sugar as shall arise and be payable in Ireland shall be paid into the receipt of the Exchequer in Ireland, and shall be carried to the Consolidated Fund of the United Kingdom of Great Britain and Ireland.

vi. That it shall be lawful for the said Commissioners of Her Majesty's Treasury, at any time or times, to cause any number of Exchequer bills to be made out at the receipt of the Exchequer at Westminster for any sum or sums of money not exceeding in the whole, including any sum or sums of money issued towards the aids or supplies in pursuance of this Act, the sum of Three Millions, in like manner as is prescribed in an Act, 48 Geo. 3. c. 1, intituled, 'An Act for regulating the issuing and paying off of Exchequer Bills,' and in another Act, 4 & 5 Will. 4. c. 15, intituled, 'An Act to regulate the

Office of the Receipt of His Majesty's Exchequer at Westminster,' and in another Act, 5 & 6 Vict. c. 66, intituled, 'An Act for further regulating the Preparation and Issue of Exchequer Bills.'

VII. That all and every the clauses, provisoes, powers, privileges, advantages, penalties, forfeitures, and disabilities contained in the said recited Acts, 48 Geo. 3. c. 1, 4 & 5 Will. 4. c. 15, and 5 & 6 Vict. c. 66, shall be applied and extended to the Exchequer bills to be made out in pursuance of this Act, as fully and effectually, to all intents and purposes, as if the said several clauses or provisoes had been particularly repeated and re-enacted in the body of this Act.

VIII. That the Exchequer bills to be made out in pursuance of this Act shall bear an interest not exceeding the rate of 41. per cent. per annum upon or in respect of the whole of the monies respectively contained therein.

IX. Declared and enacted, That it shall be lawful for the Governor and Company of the Bank of England to advance or lend to Her Majesty, by placing to the account of Her Majesty's Exchequer at the Bank of England, upon the credit of the Exchequer bills authorized by this Act, any sum or sums of money not exceeding in the whole the sum of Three Millions, anything in an Act, 5 & 6 W. & M. c. 20, intituled, 'An Act for granting to Their Majesties several Rates and Duties upon Tonnage of Ships and Vessels, and upon Beer, Ale, and other Liquors; and for securing certain Recompences and Advantages in the said Act mentioned to such Persons as shall voluntarily advance the Sum of 1,500,000l. towards carrying on the War against France,' or in any subsequent Act, to the contrary thereof in anywise notwithstanding.

x. That it shall be lawful for the said Commissioners of Her Majesty's Treasury to cause such bills as shall be prepared by virtue of this Act to be delivered from time to time to the Governor and Company of the Bank of England, in such proportions as the public service may require, as security for the advance or advances which may be made to Her Majesty by the said Governor and Company of the Bank of England under the authority of this Act.

XI. That the Exchequer bills to be made forth by virtue of this Act, together with the interest that may become due thereon, shall be and the same are hereby made chargeable and charged upon the duties granted by this Act; and it shall be lawful for the said Commissioners of Her Majesty's Treasury from time to time to direct to be issued to the Paymasters of Exchequer Bills, by way of imprest and upon account, such sums of money and at such periods as the said Commissioners shall think necessary for or towards paying off and discharging the Exchequer bills which shall have been made forth by virtue of this Act, or any of them, and for and towards paying the interest to become due on the said bills or any of them. XII. That the monies remaining unsatisfied or not discharged, with the interest due or to grow due thereon, shall be paid and satisfied out of the next aid or aids to be granted in Parliament after the 5th of July 1844.

XIII. That the surplus of the monies arising from the duties granted and imposed by this Act, after paying off and satisfying all the Exchequer bills issued by virtue of this Act, together with the interest that may become due thereon, shall, as a surplus of any such monies respectively, be carried to and made part of the Consolidated Fund of the United Kingdom of Great Britain and Ireland.

XIV. That it shall be lawful for the said Commissioners of Her Majesty's Treasury to pay and allow, or cause to be paid and allowed, out of the monies to arise of or from the said duties hereby granted, or of or from the said Consolidated Fund, from time to time, the necessary charges of making forth the Exchequer bills hereby authorized to be made forth, and such other charges as shall be necessarily incident to or for the execution of this Act, or any part thereof, in relation to the said bills; anything herein contained to the contrary notwithstanding.

XV. Provided and enacted, That whatever monies shall be issued out of the said Consolidated Fund shall from time to time be replaced by and out of the first supplies to be thereafter granted by Parliament; anything herein contained to the contrary notwithstanding.

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

CAP. XXVIII.-IRELAND.

AN ACT to abolish the Roman Catholic Oath as a Qualification for Voters at Elections in Ireland. (4th July 1843.)

ABSTRACT OF THE ENACTMENT.

Roman Catholics not to be required at elections to take the oath required by 10 Geo. 4. c. 7.

By this ACT, After reciting, that by 10 Geo. 4. c. 7, it was amongst other things enacted, that persons professing the Roman Catholic religion, being otherwise qualified, should be entitled to vote at elections of members to serve in Parliament upon their taking and subscribing a certain oath therein set forth, which said oath was thereby substituted for and directed to be taken in place of the several oaths of allegiance, supremacy, and abjuration, and instead of the declaration at that time required, and instead also of such other oath or oaths as were then by law required to be taken by any of His Majesty's subjects professing the

Roman Catholic religion: And that another Act was passed, 2 & 3 Will. 4. c. 88, intituled, An Act to amend the Representation of the People of Ireland: And that doubts have existed whether, under the provisions of the said last mentioned Act, it continues to be necessary for persons professing the Roman Catholic religion in Ireland, being otherwise qualified, to take and subscribe the said oath previous to voting at the election of members to serve in Parliament, and great diversity of practice has prevailed in this respect: And that it is expedient that such doubts should be removed ;

It is therefore Enacted and Declared,

That from and after the passing of this Act no person professing the Roman Catholic religion in Ireland, being otherwise qualified, shall be required to take the said oath previous to voting at the election of members to serve in Parliament, and that Her Majesty's Roman Catholic subjects shall be admitted to vote at such elections on the same conditions and on the taking of the same oaths as are by law required to be taken at elections by Her Majesty's Protestant subjects in that part of the United Kingdom.

CAP. XXIX.

AN ACT for reducing the Duty on Wheat and Wheat Flour, the Produce of the Province of Canada, imported thence into the United Kingdom.

ABSTRACT OF THE ENACTMENTS.

1. Duties to be levied after the 10th of October 1843.
2. Act may be amended.

(12th July 1843.)

By this ACT,

After reciting that on the 12th of October 1842 an Act was passed by the Legislative Council and Legislative Assembly of the Province of Canada, and reserved by the Governor General for the signification of Her Majesty's pleasure, imposing a duty of 3s. sterling money of Great Britain on each imperial quarter of wheat imported into Canada, except from the United Kingdom or any of her Majesty's possessions, and being the growth and produce thereof: And that it is recited in the said Act that it was passed in the confident belief and expectation that upon the imposition of a duty upon foreign wheat imported into the province Her Majesty would be graciously pleased to recommend to Parliament the removal or reduction of the duties on wheat and wheat flour imported into the said United Kingdom from Canada: And that in consideration of the duty so imposed by the said Act of the Legislature of Canada, it is expedient that, if Her Majesty shall be pleased to give her sanction to the said Act, the duties imposed by an Act, 5 & 6 Vict. c. 14, intituled, An Act to amend the Laws for the Importation of Corn,' upon wheat and wheat flour, the produce of and imported from the province of Canada, entered for home consumption in the United Kingdom, should be reduced as hereinafter is mentioned:

It is Enacted,

1. That from and after the 10th of October 1843, and thenceforth during the continuance of the duty so imposed by the said Act of the Legislature of Canada as aforesaid, there shall be levied and paid upon all wheat and wheat flour, the produce of the said province of Canada, which shall be imported thence into the United Kingdom after the said 10th of October, and shall be entered for home consumption (the same having been shipped and imported with such declarations and certificates as are required in respect thereof in and by the said Act passed in the last session of Parliament,) in lieu of the duties charged thereon by the said Act of Parliament, the duties following; (namely,)

For every quarter of such wheat one shilling, and so in proportion for a less quantity:

For every barrel, being one hundred and ninety-six pounds of such wheat flour, a duty equal in amount to the duty which would hereby be payable upon thirty-eight gallons and a half of wheat, and so in proportion for a less quantity: And the said duties hereby charged shall be levied, collected, paid, and applied in such and the same manner in all respects as if the same had been imposed by the said Act of Parliament: Provided always, that nothing in this Act contained shall repeal, reduce, or alter the duties payable under the said Act of Parliament upon wheat or wheat flour, the produce of Canada, which shall be imported into the United Kingdom previous to the said 10th of October 1843, notwithstanding the same shall not be entered from the warehouse or otherwise for home consumption until after that day.

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

CAP. XXX.

AN ACT to amend the Law relating to Pound-breach and Rescue in certain Cases.

(12th July 1843.)

ABSTRACT OF THE ENACTMENTS.

1. Persons releasing or attempting to release cattle impounded, or damaging any pound, &c., upon conviction before two Justices, to forfeit 51. and expenses, and in default of payment to be imprisoned.

2. Justices not to hear cases where questions of title arise, or as to any bankruptcy, &c.

3. Summonses may be issued against offenders who, on proof on oath of one or more witnesses before two Justices, shall be convicted in penalty and costs.

4. Offenders may be apprehended by warrant of a Justice.

By this ACT,

After reciting that it frequently happens that cattle which are lawfully impounded, or which are lawfully seized for the purpose of being impounded, are rescued from the pound or place in which they are so impounded, or on the way to or from such pound or place, and the expense of prosecuting such offenders, or obtaining redress for the injury occasioned by such rescue to the persons so entitled to distrain, is usually out of proportion to the damage for which such cattle are distrained: And that it is expedient, for remedy thereof, to enable two or more of Her Majesty's Justices of the Peace to try such offenders in a summary way, and award such redress as hereinafter mentioned to the persons on whose behalf the cattle so rescued shall have been distrained :

It is Enacted,

1. That in case any person or persons shall release or attempt to release any horse, ass, sheep, swine, or other beast or cattle, which shall be lawfully seized for the purpose of being impounded, in consequence of having been found wandering, straying, or lying or being depastured on any inclosed land without the consent of the owner or occupier of such inclosed land, from the pound or place where the same shall be so impounded, or on the way to or from any such pound or place, or shall pull down, damage, or destroy the same pound or place, or any part thereof, or any lock or bolt belonging thereto or with which the same shall be fastened, every person so offending shall, upon conviction thereof before any two of Her Majesty's Justices of the Peace, forfeit and pay any sum not exceeding 51., together with reasonable charges and expenses, or in default thereof be committed by such Justices, by warrant under their hands and seals, to the house of correction of the county wherein the said offence shall have been committed, there to be kept to hard labour for any time not exceeding three calendar months nor less than fourteen days, unless such sum of money and costs as aforesaid shall be sooner paid; and it shall be lawful for the said Justices to award the whole or any portion of such penalty to the person or persons on whose behalf such cattle were distrained.

II. Provided and enacted, That nothing herein contained shall authorize any Justices of the Peace to hear and determine any case of pound-breach or rescue in which any question shall arise as to the title to any lands, tenements or hereditaments, or any interest therein or accruing therefrom, or as to any bankruptcy or insolvency, or any execution under the process of any court of justice, or as to the obligation of maintaining, repairing, or keeping in repair any wall, hedge, paling, ditch, sunk fence or fence whatsoever.

III. That it shall and may be lawful to and for any Justice of the Peace, upon information or complaint being made upon oath before him by any person of any offence against the provisions of this Act, to summon the party accused to appear before any two Justices of the Peace within whose jurisdiction the offence shall have been committed, at a time and place to be named in such summons, and upon the appearance of such party, or in his absence in case he shall not appear according to the tenor of such summons, any such Justices before whom such party shall have been so summoned to appear shall and may (upon proof of the service of such summons) proceed to examine into the matter, and upon due proof made of such having been committed, either by confession of the party accused or upon the oath of one or more credible witness or witnesses, to give judgment or convict for the penalty and costs (as the case may be).

IV. That every such Justice of the Peace may, without issuing any summons, forthwith issue his warrant to any constable for the apprehension of any person charged under this Act, whenever good grounds for so doing to his satisfaction shall be stated on oath before him.