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COMPENDIOUS ABSTRACT

OF THE

PUBLIC GENERAL ACTS

OF THE UNITED KINGDOM

OF

GREAT BRITAIN AND IRELAND:

4 & 5 WILLIAM IV.-1834;

BEING THE SECOND SESSION OF THE ELEVENTH PARLIAMENT

OF SUCH

UNITED KINGDOM.

FROM

THE LAW JOURNAL.

VOL. XII.

LONDON:

Printed by James Holmes, 4, Took's Court, Chancery Lane.

PUBLISHED BY E. B. INCE, No. 5, QUALITY COURT, CHANCERY LANE.

MDCCCXXXIV.

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ABRIDGMENT

OF THE

PUBLIC GENERAL STATUTES,

4 WILLIAM IV.-1834.

CAP. I.

AN ACT to explain and amend an Act of the last Session of Parliament, for regulating the Labour of Children and Young Persons in the Mills and Factories of the United Kingdom.

By this ACT,

(20th February 1834.)

After noticing that by an Act, 3 & 4 Will. 4. c. 103, intituled, 'An Act to regulate the Labour of Children and young Persons in the Mills and Factories of the United Kingdom,' it was enacted among other things that certain provisions of the ! Act should come into operation at the end of eighteen months, and certain other provisions also at the end of thirty months, ? the passing of the said Act; and that it is expedient that the periods mentioned in the said provisions respectively should construed to be calendar months, not lunar months :

It is Enacted,

1. That the said periods of eighteen months and thirty months mentioned in the said Act shall be construed and taken to mean periods of eighteen calendar months and thirty calendar months respectively.

And after noticing that it is provided by the said Act, that in mills for the manufacture of silk, children under the age of thirteen years shall be allowed to work ten hours in any one day; and doubts have arisen whether, according to the true construction of the said Act, children in such mills can be allowed to work ten hours every working day in the week :—

It is therefore further Enacted,

11. That in mills for the manufacture of silk, children under the age of thirteen years shall be allowed to work ten hours every working day in the week; and that this enactment shall be substituted in the place of the provision hereinbefore referred to, and be taken in all respects as part of the said Act.

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 That this Act may be amended, altered, or repealed by any Act to be passed during the present session of Parliament.

CAP. II.

AN ACT to apply certain Sums to the Service of the Year One thousand eight hundred and thirtyfour.

(26th March 1834 )

By this ACT, the Commons granted, and it is Enacted, That there shall be issued and applied, for or towards making good the supply granted to His Majesty for the service of the year 1834, the sum of 3,000,000l., a part of the sum now remaining in the Exchequer, or remaining to be received on the 10th of February 1834, to complete the aids granted for the service of the year 1834; and also any sum or sums which may have been or which may be paid into the Exchequer before the 5th of April 1835, in respect of Exchequer bills issued pursuant to two Acts of 57 Geo. 3, and of 1 & 2 William 4, for authorizing the issue of Exchequer bills for carrying on public works and fisheries in the United Kingdom; and also the sum of 60,000l. to be paid into the Exchequer by the United Com⚫pany of Merchants of England trading to the East Indies, towards the expense of retiring pay, pensions, and allowances t B

VOL. XII.-STAT.

His Majesty's forces serving in India, in pursuance of an Act, 4 Geo. 4; and also the balance now in the Exchequer, or which may be paid in to the Governor and Company of the Bank of England on or before the 5th of April 1855, pursuant to 56 Geo. 3, c. 97, provided that if at any time the said balance shall be reduced to a less sum than 100,000l., then so much of the monies advanced by the said Governor and Company shall be repaid to them as shall be equal to the sum by which the said balance shall be less than that sum; and the Commissioners of the Treasury of the United Kingdom, or any three or more of them, or the Lord High Treasurer of the United Kingdom for the time being, are to issue and apply the same accordingly.

CAP. III.

AN ACT for raising the Sum of Fourteen Milllions by Exchequer Bills for the Service of the Year One thousand eight hundred and thirty-four.

By this ACT, the Commons granted, and it is Enacted,

(26th March 1834.)

1. That the Commissioners of the Treasury of the United Kingdom may cause any number of Exchequer bills to be made out at the Exchequer for any sum or sums not exceeding in the whole 14,000,000l., in the manner, and according to the rules and directions prescribed in 48 Geo. 3. c. 1.

11. That all the clauses and provisoes contained in that Act shall be applied to the Exchequer bills to be made out in pursuance of this Act, as fully as if particularly repeated and re-enacted in this Act.

III. That the Commissioners of the Treasury may issue and apply all such sums of money as shall be raised by Exchequer bills to be made out in pursuance of this Act to such services as shall then have been voted in this present session of Parliament.

IV. That the principal sums to be contained in such Exchequer bills shall be charged upon and paid out of the first supplies to be granted in the next session of Parliament.

v. That such Exchequer bills shall bear date on the days on which the same shall be respectively issued, and bear an interest not exceeding the rate of 34d. per centum per diem.

VI. That all such Exchequer bills, or so many of them as shall remain undischarged and uncancelled, shall from and after the 5th of April 1835, be received and pass current to all and every the receivers and collectors in Great Britain of the Customs, Excise, or any revenue, supply, aid, or tax whatsoever, already granted, or hereafter to be granted, and also at the Exchequer.

VII. That the Governor and Company of the Bank of England may advance upon the credit of such Exchequer bills any sum or sums not exceeding in the whole 14,000,000l., anything in 5 & 6 W. & M. c. 20. to the contrary notwithstanding.

CAP. IV.

AN ACT for the Regulation of His Majesty's Royal Marine Forces while on Shore.

ABSTRACT OF THE ENACTMENTS.

(26th March 1834.)

1. Crimes punishable by death.

2. The ordinary course of law not to be interfered with.
3. Marines not to be taken away from the service for debts

under SOL.

4. Lord High Admiral, &c. may make articles for the punishment of mutiny, desertion, &c.

5. Lord High Admiral, &c. may grant Commissions for holding general courts martial, &c.

6. Composition of general courts martial.

7. Courts martial to administer oaths.

8. Proceedings of courts martial.

9. Officers of the marine and land forces may sit in conjunction on courts martial.

10. General courts martial may sentence offenders to imprisonment, &c.

11. District or garrison courts martial.

12. Divisional courts martial.

13. Detachment courts martial.

14. Marking a deserter.

15. Trial and punishment for embezzlement.
16. Witnesses.

17. Transportation of offenders.

18. Imprisonment of offenders.

19. Place of confinement of offenders may be changed.

20. Offences against former Mutiny Acts may be tried under this Act.-Limitation as to time.

21. Appeal.-Revison of sentence.

22. Forfeiture of pay.-Subsistence of offenders while in custody —Arrears of pay.

23. Pay of commissioned officers charged with criminal offences. 24. Report of proceedings of courts martial.

25. Subsequent enlistment no protection from punishment for

desertion.

26. Apprehension of deserters.

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IL That nothing in this Act contained shall be construed to exempt any officer or marine from being proceeded against by the ordinary course of law for crimes thereby cognizable; and any commanding officer who shall neglect or refuse, when due application shall be made to him for that purpose, to deliver over to the civil magistrate any officer or marine charged with any capital crime, or with any violence or offence against the person or property of any of His Majesty's subjects punishable by the known laws of the land, or who shall wilfully neglect or refuse to assist any peace officer in apprehending any such offender, shall, upon conviction thereof in any of His Majesty's Courts at Westminster, Dublin, or Edinburgh, be deemed to be ipso facto cashiered, and shall be utterly disabled to hold any civil or military office or employment in His Majesty's service; and a certificate of such conviction shall be transmitted to the Secretary of the Admiralty: Provided always, that no person who shall have been tried before any of the ordinary courts of law for any crime cognizable in such courts shall be liable to be punished for the same by any court martial, otherwise than by cashiering.

III. That no person (except an apprentice) enlisted in His Majesty's service as a marine shall be liable to be arrested or taken therefrom by the warrant of any magistrate, or otherwise, on account of any breach of contract of engagement to serve or work for any employer; and that no marine shall be liable to be arrested and taken out of His Majesty's Service for debt by any process or execution whatsoever, unless an affidavit shall be first duly made and filed by the plaintiff in the suit, or by some one on his behalf, for which no fee shall be taken, that the original debt for which the action has been brought amounts to the sum of 301. at least, over and above all costs in that or any other action, a memorandum of which oath shall be marked on the back of such process and of the warrant grounded thereon; and in case any person shall nevertheless contrary hereto be arrested, it shall be lawful for any Judge of the Court out of which the process shall bave issued, and he is hereby required, upon complaint made by the person arrested, or by his superior officer, and upon due proof thereof being made to him that such arrest was made contrary to the intent and meaning of this Act, to discharge the person so arrested out of custody, and also to award to the party complaining such costs as such Judge shall think reasonable; for the recovery where of he shall have the like remedy by writ of execution as that which the plaintiff in the suit might have had in case judgment had been given for him in the action.

XIV. That all witnesses, whether military or otherwise, duly summoned by the Judge Advocate, or the person appointed to officiate as such, or by the president of a district or garrison court martial, to give evidence on any court martial, shall, during their necessary attendance in such courts, and in going to and returning from the same, be privileged from arrest, and shall, if nevertheless arrested contrary to the intent of this Act, be forthwith discharged out of custody by the order of the Court out of which the writ or process for such arrest was issued; and if such Court shall not be then sitting, then by the order of any Judge of the Court of King's Bench at Westminster or Dublin, or the courts of Session in Scotland, or courts of law elsewhere, as the case may require, upon its being made appear to such Court or Judge, by affidavit in a summary way, that such witness was arrested in going to or returning from or attending such court martial; and every person so duly summoned as a witness who shall not attend, or attending shall refuse to be sworn, or being sworn shall refuse to give evidence at any such court martial, or to answer all such questions as the Court may legally demand of him, shall be liable to be attached, proceeded against, and punished in the Court of King's Bench at Westminster or Dublin, or Court of Session or other court of law in Scotland or elsewhere, in the same manner as persons disobeying the subpoena to testify, or any similar process of such courts, are liable to be proceeded against and punished.

XVIII. That in all cases of any person belonging to the Royal Marine Forces being sentenced by any general or other court martial to imprisonment in any house of correction, common gaol, or public prison, the gaolers and keepers of such houses of correction, gaols, or prisons respectively, shall receive into their custody every such person, upon receiving an order in writing for that purpose from the commanding officer of the division at which such court martial shall have been held, together with a copy of the sentence attested by the said commanding officer, and shall detain him in confinement in the manner and for the period mentioned in such sentence, or until he be duly discharged, or shall deliver him up to such person producing an order

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