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CAP. II.

AN ACT for the more speedy Trial of Offences committed on the High Seas.

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After reciting, that by an Act, 28 Hen. 8. c. 15, intituled, 'For Pirates,' it was enacted, that all treasons, felonies, robberies, murders, and confederacies thereafter to be committed in or upon the sea, or in any other haven, river, creek, or place where the admiral or admirals have or pretend to have power, authority, or jurisdiction, should be inquired, tried, heard, determined, and judged in such shires and places in the realm as should be limited by the King's commission or commissions to be directed for the same, in like form and condition as if any such offence or offences had been committed or done in or upon the land; and such commissions should be had under the King's Great Seal, directed to the admiral or admirals, or to his or their lieutenant, deputy and deputies, and to three or four other substantial persons as should be named or appointed by the Lord Chancellor of England for the time being, from time to time and as often as need should require, to hear and determine such offences after the common course of the laws of this realm used for treasons, felonies, murders, robberies, and confederacies of the same done and committed upon the land within this realm: and that it is expedient that provision be made for the trial of persons charged with offences so committed, without issuing any special commission in that behalf:It is Enacted,

I. That Her Majesty's Justices of Assize or others Her Majesty's Commissioners by whom any court shall be holden under any of Her Majesty's commissions of oyer and terminer or general gaol delivery shall have severally and jointly all the powers which by any Act are given to the Commissioners named in any commission of oyer and terminer for the trying of offences committed within the jurisdiction of the Admiralty of England, and that it shall be lawful for the first-mentioned Justices and Commissioners, or any one or more of them, to inquire of, hear, and determine all offences alleged to have been committed on the high seas and other places within the jurisdiction of the Admiralty of England, and to deliver the gaol in every county and franchise within the limits of their several commissions of any person committed to or imprisoned therein for any offence alleged to have been committed upon the high seas and other places within the jurisdiction of the Admiralty of England; and all indictments found, and trials and other proceedings had, by and before the said Justices and Commissioners shall be valid; and it shall be lawful for the Court to order the payment of the costs and expenses of the prosecution of such offences, in the manner prescribed by an Act, 7 Geo. 4. c. 64, intituled, 'An Act for improving the Administration of Criminal Justice in England,' in the case of felonies tried in the High Court of Admiralty.

II. That in all indictments preferred before the said Justices and Commissioners under this Act the venue laid in the margin shall be the same as if the offence had been committed in the county where the trial is had; and all material facts which in other indictments would be averred to have taken place in the county where the trial is had shall in indictments prepared and tried under this Act be averred to have taken place "on the high seas."

III. That the Justice or Justices by whom any information shall be taken touching any offence committed within the jurisdiction of the Admiralty of England under the provisions of an Act, 7 Geo. 4. c. 38, intituled, An Act to enable Commissioners for trying Offences upon the Sea, and Justices of the Peace, to take Examinations touching such Offences, and to commit to safe Custody Persons charged therewith,' if he or they shall see cause thereupon to commit such person to take his trial for such offence, shall commit him to the same prison to which he would have been committed to take his trial at the next court of oyer and terminer and general gaol delivery if the offence had been committed on land within the jurisdiction of the same Justice or Justices, and shall have authority to bind by recognizance all persons who shall know or declare any thing material touching the said offence to appear at the said next court of oyer and terminer and general gaol delivery, then and there to prosecute or give evidence against the party accused, and shall return all such informations and recognizances to the proper officer of the court in which the trial is to be, at or before the opening of the court; and every such offender shall be arraigned, tried, and sentenced as if the offence had been committed within the county, riding, or division for which such court shall be holden.

IV. Provided, and declared and enacted, That nothing herein contained shall affect the jurisdiction belonging to the Central Criminal Court for the trial of persons charged with offences committed on the high seas and other places within the jurisdiction of the Admiralty of England, or to restrain the issue of any special commission under the first-recited Act for the trial of such offenders, if need shall be.

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

CAP. III.

AN ACT to stay Proceedings for Three Calendar Months, and till the End of the present Session of Parliament, in certain Actions under the Provisions of several Statutes for the Prevention of excessive Gaming, and to prevent any Proceedings being taken under those Statutes during such limited Time.

(5th March 1844.)

ABSTRACT OF THE ENACTMENTS.

1. Proceedings commenced by common informers, or persons other than the actual losers, for penalties incurred by playing at or betting on certain games to be stayed on application to the Court in which they were commenced or to a Judge.

2. The like remedy in cases where penalties may have been incurred under the Irish Acts.

3. Restricting proceedings by any common informer, &c. under any of the above provisions after the passing of this Act.

4. Actions not to be brought without the consent of the Attorney General,

5. Limiting the duration of this Act.

6. Act may be amended, &c. this session.

By this ACT,

After reciting that by 9 Anne, c. 14, intituled, 'An Act for the better preventing of excessive and deceitful Gaming,' it is among other things enacted, that from and after the said 1st of May 1711 any person or persons whatsoever who shall at any time or sitting, by playing at cards, dice, tables, or other game or games whatsoever, or by betting on the sides or hands of such as do play at any of the games aforesaid, lose to any one or more person or persons so playing or betting, in the whole, the sum or value of 10., and shall pay or deliver the same or any part thereof, the person or persons so losing and paying or delivering the same shall be at liberty, within three months then next, to sue for and recover the money or goods so lost and paid or delivered, or any part thereof, from the respective winner and winners thereof, with costs of suit, by action of debt founded on this Act, to be prosecuted in any of Her Majesty's courts of record, in which actions or suits no essoign, protection, wager of law, privilege of Parliament, or more than one imparlance shall be allowed; in which actions it shall be sufficient for the plaintiff to allege that the defendant or defendants are indebted to the plaintiffs or received to the plaintiffs' use the monies so lost and paid, or converted the goods won of the plaintiffs to the defendants' use, whereby the plaintiff's action accrued to him, according to the form of this statute, without setting forth the special matter; and in case the person or persons who shall lose such money or other thing as aforesaid shall not within the time aforesaid really and bond fide, and without covin or collusion, sue and with effect prosecute for the money or other thing so by him or them lost, and paid or delivered as aforesaid, it shall and may be lawful to and for any person or persons, by any such action or suit as aforesaid, to sue for and recover the same and treble the value thereof, with costs of suit, against such winner or winners as aforesaid; the one moiety thereof to the use of the person or persons that will sue for the same, and the other moiety to the use of the poor of the parish where the offence shall be committed: And that similar provisions are contained in an Act similarly intituled, passed in the Parliament of Ireland, 11 Anne, (I.): And that by an Act, 16 Car. 2. c. 7, intituled, An Act against deceitful, disorderly, and excessive Gaming,' it is amongst other things enacted, that if any person or persons shall play at any of the games in the said Act enumerated and set forth, or any other pastime, game or games whatsoever (other than with and for ready money), or shall bet on the sides or hands of such as do or shall play thereat, and shall lose any sum or sums of money or other thing or things so played for exceeding the sum of 1001. at any one time or meeting, upon ticket or credit or otherwise, and shall not pay down the same at the time when he or they shall so lose the same, the party and parties who loseth or shall lose the said monies or other thing or things so played or to be played for above the said sum of 100%. shall not in that case be bound or compelled or compellable to pay or make good the same, but the contract and contracts for the same and for every part thereof, and all and singular judgments, statutes, recognizances, mortgages, conveyances, assurances, bonds, bills, specialties, promises, covenants, agreements, and other acts, deeds, and securities whatsoever, which shall be obtained, made, given, acknowledged, or entered into for security or satisfaction of or for the same or any part thereof, shall be utterly void and of none effect, and that the said person or persons so winning the said monies or other things shall forfeit and lose treble the value of all such sum and sums of money or other thing or things which he shall so win, gain, obtain, or acquire above the said sum of 1007., the one moiety thereof to our said Sovereign Lord the King, his heirs and successors, and the other moiety thereof to such person or persons as shall prosecute or sue for the same within one year next after the time of such offence committed, and to be sued for by action of debt, bill, plaint, or information in any of His Majesty's courts of record at Westminster, wherein no essoign, protection, or wager of law shall be allowed; and that every such plaintiff or plaintiffs, informer or informers, shall in every such suit and prosecution have and receive his treble costs against the person and persons offending and forfeiting as aforesaid, any law, custom, or usage to the contrary notwithstanding: And that provisions nearly similar to those last above recited are contained in an Act similarly intituled, passed in the Parliament of Ireland, 10 Will. 3. (I.): And that several persons have been subjected to proceedings at law at the suit of common informers or persons other than the actual losers: And that it is expedient that such proceedings as have already been commenced at the suit of any common informer, or such other persons than the actual losers, under the above-recited provisions of the said Acts or any or either of them, for the recovery of any forfeiture or pecuniary penalty incurred or supposed to have been incurred by playing at any of the sports or pastimes mentioned in the Schedule hereunto annexed, or by betting on the sides or hands of such as did play at the same, should be stayed and suspended for a limited

time, and that during such limited time no proceedings should for the future be commenced in such cases by any common informer, or any person other than the actual loser :

It is Enacted,

1. That immediately after the passing of this Act it shall be lawful for any person against whom any original writ, writ of summons, suit, action, bill, plaint, or information shall have been sued out, commenced, or prosecuted by or at the suit of any common informer, or person other than the actual loser, on or before the day of the passing of this Act, for the recovery of any forfeiture or pecuniary penalty incurred or supposed to have been incurred under the said provisions of the said Act, 9 Anne, c. 14, or of the said Act, 16 Car. 2. c. 7, or of any other Act, by playing at any of the said sports or pastimes mentioned in the Schedule hereunto annexed, and any bona fide variety of any of the said sports, pastimes, or games, and any sport, pastime, or game of a like or similar description to any of the said sports, pastimes, or games to which a different name may, by general or local usage, be appropriated or by betting on the sides or hands of such as did play thereat, such playing or betting being alleged to have taken place previously to the 1st of June 1844, to apply to the Court in which such original writ, writ of summons, suit, action, bill, plaint, or information shall have been sued out, commenced, or prosecuted, or to any Judge of either of the superior courts at Westminster, for an order that proceedings shall be stayed for three calendar months and till the end of the present session of Parliament; and every such Court or Judge, as the case may be, is hereby authorized and required, upon such application, and proof that sufficient notice has been given to the plaintiff or informer, or to his attorney, of the application, and upon being satisfied by affidavit or otherwise that such proceedings have been commenced for the recovery of such forfeiture or pecuniary penalty as aforesaid, to make such order as aforesaid; and upon the making such order aforesaid all further proceedings on such writ, writ of summons, suit, action, bill, plaint, or information shall be forthwith stayed and suspended as aforesaid.

11. That immediately after the passing of this Act it shall be lawful for any person against whom any proceeding or proceedings shall have been commenced or prosecuted by or at the suit of any common informer in Ireland, on or before the day of the passing of this Act, for the recovery of any forfeiture or pecuniary penalty incurred or supposed to have been incurred under the said provisions of the said Act, 11 Anne, or of the said Act 10 Will. 3, or of any other Act, by playing at any of the said sports or pastimes, or by betting on the sides or hands of such as did play at the same, such playing or betting being alleged to have taken place previously to the 1st of June 1844, to apply to the Court or a Judge in Dublin in like manner, and such Court or Judge shall proceed in like manner and make such order therein as is herein before directed to be done in the like proceedings commenced by any common informer in England.

III. That from and after the passing of this Act no proceeding or proceedings whatever shall be commenced or prosecuted by any common informer, or person other than the actual loser, his executors or administrators, in the United Kingdom of Great Britain and Ireland, under the said above-recited provisions of the said Acts, or any or either of them, or of any other Act, for any forfeiture or pecuniary penalty incurred or supposed to be incurred by playing at any of the said sports or pastimes, or by betting on the sides or hands of such as do play at the same, before the 1st of June 1844.

IV. That no indictment or other criminal proceeding whatsoever shall be presented or prosecuted against any person for winning or losing by playing or betting at or on any of the said sports or pastimes, or for betting on the sides or hands of such as do play thereat, without the consent of Her Majesty's Attorney General for the time being, under his hand in writing first had and obtained.

v. Provided and enacted, That the operation of this Act shall not extend beyond the last day of the present session of Parliament; and that nothing herein contained shall extend or be construed to extend to authorize the staying or suspending any proceedings which may be commenced after the last-mentioned day.

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

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CAP. IV.

AN ACT for transferring Three Pounds Ten Shillings per Centum per Annum Annuities One thousand eight hundred and eighteen into Annuities of Three Pounds Five Shillings per Centum per Annum and New Three Pounds per Centum per Annum Annuities.

(22nd March 1844.)

ABSTRACT OF THE ENACTMENTS.

1. Persons entitled to 1001. 31. 10s. per cents. 1818, who shall not assent to receive 31. 5s. and new 31. per cents., to receive on 10th October 1844 1001. in discharge of 1001. 31. 10s. per cents. 1818.

2. Proprietors of 31. 10s. per cents. 1818, on signifying their assent on or before 20th April 1844, may receive annuities carrying 31. 5s. interest until October 1854, and then 31. per cent. interest.-New 31. per cents. to be redeemable after 10th October 1874.

3. Assents to be signified at the Bank in manner herein mentioned.

4. Persons out of the kingdom allowed further time to signify assents.

5. Interest of 31. 5s. per cents. and new 31. per cents. to be charged on the Consolidated Fund.

6. Dividends on 31. 10s. per cents. to be paid to 10th October 1844.

7. Transfers of 31. 10s. per cents. 1818 from Bank of England to Bank of Ireland after 6th March 1844 void.

8. Accountants General of Chancery and Exchequer, and Accountant in Bankruptcy, may assent.

9. Executors, &c. may assent.

10. Books to be opened at the Bank of England for receiving the entry of the 31. 5s. per cents., and new 31. per cents.—Payment of dividends of 31. 10s. per cents. 1818, due in October 1844.

11. Bank to appoint a cashier and an Accountant General.

12. Said Accountant General to examine receipts and payments.

13. All the stock created by this Act, and by another Act of this session, to be one joint stock.

14. Annuities to be personal estate.

15. Certificates of amount of stock exchanged or paid off, &c. to be sent to Commissioners for reduction of the National Debt.

16. Bonds or contracts to transfer 31. 10s. per cents. 1818 to be deemed satisfied by transfer of 31.5s. per cents. and new 31. per cents. -The like as to payment of dividends.

17. Lenders of 31. 10s. per cents. 1818, on contract to replace, may demand 1001. money for every 1001. stock.

18. Powers of attorney to continue in force for sale or transfer of 31. 10s. per cent. annuities 1818 unless legally revoked.

19. Powers of attorney for receiving dividends on transfer of the 31. 10s. per cents. 1818 to remain in force for receiving dividends or for transferring stock of 31. 5s. per cents. and new 31. per cents.

20. Trusts as to 31. 10s. per cents. 1818 shall extend to 31. 5s. per cents. and new 31. per cents., and directions as to the application of 31. 10s. per cents. 1818 shall be carried into effect by the application of the 31. 5s. per cents, and new 31. per cents.

21. Questions as to trusts in the 31. 10s. per cents. 1818 may be decided by Courts of Chancery or Exchequer, or by the Court of Session.

22. 31. 5s. per cents. and new 31. per centum annuities may be accepted by the Commissioners for annuities for lives and for terma of years.

23. Mode of computing 31. 5s. per cents. and new 31. per cents. for purchase of annuities for lives or for terms of years.

24. New stock transferable at Banks of England and Ireland may be mutually transferred conformably to directions of 5 Geo. 4. c. 53. as altered by 6 Geo. 4. c. 79.

25. Indemnifying the Bank of England for acts done by their officers under this Act.

26. Act may be altered this session.

By this ACT,

After reciting that the Commons of the United Kingdom of Great Britain and Ireland in Parliament assembled, having taken into serious consideration the present state of the National Debt, and being desirous of lessening the charge thereof, have resolved that all and every person and persons, bodies politic and corporate, who now is or are or hereafter may be interested in or entitled unto any part of the National Debt redeemable by law which now carries an interest after the rate of 31. 10s. per centum per annum, and is usually known by the name of "Three Pounds Ten Shillings per Centum Annuities One thousand eight hundred and eighteen," the dividends of which are payable at the Bank of England on the 5th of April and 10th of October in each year, and who shall not signify his, her, or their assent to accept 31. 5s. per centum annuities and new 31. per centum annuities, upon the terms and in the manner hereinafter mentioned, shall on the 10th of October 1844 receive the sum of 100l. for every 100l. of such 34. 10s. per centum annuities 1818, which may be then standing in his, her, or their name or names, and the said amount of capital of such annuities shall from the said 10th of October 1844 be considered as cancelled and paid off, and no interest shall from thenceforth accrue or become payable thereon: And have also resolved, that provision shall be made by this House for paying off such proprietor or proprietors of the said 34. 10s. per centum annuities 1818 as shall not signify his, her, or their assent to accept and receive a share in 31. 5s. per centum annuities and new 31. per centum annuities in lieu thereof: And have also resolved, that all and every person or persons, bodies politic or corporate, who shall hold or be possessed of any such 31. 10s. per centum annuities 1818, and who shall on or before Saturday the 20th of April 1844 signify, in the manner hereinafter directed, his, her, or their assent to accept and receive

31. 5s. per centum annuities in lieu of his, her, or their respective share or shares in the said 31. 10s. per centum annuities, shall for every 1001. of such 31. 10s. per centum annuities 1818 receive 100l. capital stock in a new stock to be called "Three Pounds Five Shillings per Centum Annuities," which said annuities shall continue to be paid at the rate of 31. 5s. per centum per annum until the 10th of October 1854, and from and after that date the said annuities shall carry interest at the rate of 34. per centum per annum, and shall be called "New Three Pounds per Centum Annuities;" which said last-mentioned annuities shall not be subject to reduction until from and after the 10th of October 1874; and the said 31. 5s. per centum annuities and the new 31. per centum annuities respectively shall be free from all taxes, charges, and impositions, in the like manner as the said 31. 10s. per centum annuities 1818; and the dividends or interest of the said 31. 5s. per centum annuities and new 34. per centum annuities shall be paid and payable at the Bank of England or at the Bank of Ireland on the 5th of April and 10th of October in each and every year, and the first half-yearly dividend on the said.31. 5s. per centum annuities shall be payable on the 5th of April 1845: And have also resolved, that all and every person or persons, bodies politic or corporate, possessed of any part of the said 31. 10s. per centum annuities 1818, and who shall desire to signify his, her, or their assent to receive 31. 5s. per centum annuities and new 31. per centum annuities in lieu thereof, shall on or before the 20th of April 1844, but within the usual hours of transacting business at the Bank of England, by themselves, or some agent or agents for that purpose duly authorized, signify to the Governor and Company of the Bank of England such assent in writing under his, her, or their hand or hands, or the hand or hands of his, her, or their agent or agents, together with the amount of his, her, or their respective share or shares in the said 31. 10s. per centum annuities 1818, and which said assent shall be entered in a book or books to be opened and kept by the said Governor and Company for that purpose; and in case of any transfer of such share or shares of such annuities or any part or parts thereof, after such assent, the part or parts of such annuities so transferred shall be entered in the said book or books of the said Governor and Company separately from the said 31. 10s. per centum annuities 1818 in respect of which no such assent shall be signified; and every person or persons so assenting, or his, her, or their assigns, or the executors or administrators of such assigns, under any such transfer, shall from the 10th of October 1844 be entitled to 1001. of such 31. 58. per centum annuities and new 31. per centum annuities, in lieu of every 1001. of their said 31. 10s. per centum annuities 1818 capital stock; provided always, that if any person or persons holding any such 31. 10s. per centum annuities 1818 shall not be within the limits of the United Kingdom at any time between the 11th and 23rd of March 1844, both inclusive, but shall be in any other part of Europe, it shall be lawful for such person or persons to signify such assent at any time before the 1st of July 1844; and if any such person or persons shall not at any time between the 11th of March 1844 and the 1st of July 1844 be within any part of Europe, it shall be lawful for him, her, or them to signify such assent at any time before the 1st of February 1815, such person or persons proving, to the satisfaction of the Governor or Deputy Governor of the Bank of England, his, her, or their absence from the United Kingdom or out of Europe, as above specified, and that his, her, or their share or shares of such 31. 10s. per centum annuities 1818 stood in his, her, or their name or names respectively, or in the name or names of any one or more trustee or trustees on his, her, or their behalf, in the books of the Governor and Company of the Bank of England on the 23rd of March 1844; provided also, that such person or persons so absent from the United Kingdom or out of Europe shall signify such his, her, or their assent within ten days after his, her, or their return to the United Kingdom: And have also resolved, that the interest and dividends payable in respect of the said 31. 5s. per centum annuities and new 31. per centum annuities shall be charged and chargeable upon and shall be issued and paid out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland on the 5th of April and the 10th of October in every year, and that every proprietor of the said 31. 10s. per centum annuities 1818 shall receive the dividends of the said annuities due thereon on the 10th of October 1814, and no longer: And have also resolved, that it shall be lawful for the Accountant General of the Courts of Chancery in England and Ireland respectively, and also for the Accountant General of the Court of Exchequer in Ireland, and for the Accountant in Bankruptcy in England, at any time before the 8th of July 1844, to signify to the Governor and Company of the Bank of England, on behalf of any suitor or suitors or others interested in any such 31. 10s. per centum annuities 1818 standing in the names of such Accountants General and Accountant respectively, their assent to accept and receive shares in the said 31. 5s. per centum annuities and new 31. per centum annuities, in lieu of all such 3, 10s. per centum annuities 1818 standing in their names respectively; and the said Accountants General and Accountant respectively shall be fully indemnified against all actions, suits, and proceedings for and in respect of any action, matter, or thing done by them respectively in pursuance thereof: And have also resolved, that all executors, administrators, guardians, and trustees may signify such assent at any time before the 20th of April 1844, in respect of such shares of any of the said 31. 10s. per centum annuities 1818 for the holding of which their names shall be made use of respectively, and shall be indemnified for giving such assent in respect thereof; and all executors, administrators, guardians, and trustees not signifying such assent, shall be deemed not to have assented as afore said, and shall be paid off accordingly :

It is Enacted,

1. That all and every person and persons, bodies politic and corporate, who, on behalf of themselves or in trust for others, now is or are or hereafter may be interested in or entitled unto any part of the National Debt redeemable by law which now carries an interest after the rate of 31. 10s. per centum per annum, and is usually known by the name of the "Three Pounds Ten Shillings per Centum Annuities One thousand eight hundred and eighteen," the dividends of which are payable at the Bank of England on the 5th of April and 10th of October in each year, and who shall not signify his, her, or their assent to accept 31. 5s. per centum annuities and new 31. per centum annuities, upon the terms and in the manner hereinafter mentioned, shall, on the 10th of October 1844, receive the sum of 100l. for every 1001. of such 34. 10s. per centum annuities 1818, and so in proportion for any greater or less amount of such 31. 10s. per centum annuities 1818 which may be then standing in his, her, or their name or names; and the said amount of capital of such annuities shall, from the said 10th of October 1844, be considered as cancelled and paid off, and no interest shall from thenceforth accrue or become payable thereon: Provided always, that the payment at the Bank of the said 1004., for the use of the person or persons entitled thereto, shall be and be deemed to be a full discharge of the amount so paid, and that the proprietors or their agents duly authorized shall be at liberty to demand and receive payment from the Bank, upon application for that purpose, at any time after the 10th of October 1844, of the sum so paid, for the use of the proprietor or proprietors entitled thereto.

VOL. XXII-STAT.

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