Imatges de pàgina
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Mode of re-
imbursement in
counties of
cities, and in
liberties, cities,
and towns not
contributing to
any county
rate.

This act not to

city, town, or place, and every order of justices for payment to the party damnified therein, or to the peace officer or inhabitants thereof, by virtue of this act, shall be directed to the treasurer of the county, riding, or division in which such liberty, franchise, city, town, or place shall be situate, who is hereby required to pay the same; and the justices of the peace of such county, riding, or division, at their next general or quarter sessions of the peace, or any adjournment thereof, shall direct such sum or sums of money as shall have been so paid or ordered to be paid by the treasurer to be raised on such liberty, franchise, city, town, or place, over and above the general rate to be paid by the same in common with the rest of the county, riding, or division, under the acts relating to county rates; and such sum or sums shall be raised in the manner directed by those acts, and shall be forthwith paid over to the trea

surer.

XV. And as to the mode of payment and reimbursement under this act in counties of cities and towns, and in such liberties, franchises, cities, towns, and places as do not contribute to the payment of the general county rate; be it enacted, that all sums of money payable either by virtue of any warrant of the sheriff or other officer, or of any order or orders arising out of any action or summary claim against the inhabitants of any county of a city or town, or of any such liberty, franchise, city, town, or place, shall be paid out of the rate (if any) in the nature of a county rate, or out of any fund applicable to similar purposes, where there is such a rate or fund therein, by the treasurer or other officer having the collection or disbursement of such rate or fund; and where there is no such rate or fund in such county, liberty, franchise, city, town, or place, the same shall be paid out of the rate or fund for the relief of the poor of the particular parish, township, district, or precinct therein, where the offence was committed, by the overseers or other officers having the collection or disbursement of such last-mentioned rate or fund; and in every such case the warrant and orders shall be directed and delivered to such treasurer, overseers, or other officers respectively, instead of the treasurer of the county, riding, or division, as the case may require.

XVI. Provided always, and be it enacted, that nothing extend to Scot herein contained shall extend to Scotland or Ireland.

land or Ireland.

SCHEDULE.

FORM OF NOTICE to the high constable of a hundred or other like district, or to the peace officer of a county of a city or town, or of a liberty, franchise, city, town, or place.

To the high constable [or to

constables]

officer, of &c.]

of &c. [or to

one of the high a peace

I hereby give you notice, that I intend to claim compensation from the inhabitants of [here specify the hundred or other like district or county of a city, &c. or liberty, franchise, &c. as the case may be], on account of the damage which I have sustained by means of [here state the offence, the time and place where it was committed, and the nature and amount of the damage]; and I hereby require you, within seven days after your receipt of this notice, to exhibit the same to some two justices of the peace of the county [riding, or division] of residing in or acting for the said hundred, &c. [or if in a liberty, franchise, &c. where the justices of the county, riding, or division have no jurisdiction, then say, to some two justices of the peace of [naming the liberty, franchise, &c.] or if in a county of a city, &c. then say to some two justices of the peace of, naming the county of the city, &c.] in order that they may appoint a time and place for holding a special petty session to hear and determine my claim for compensation, by virtue of an act passed in the seventh and eighth years of the reign of King George the Fourth, intituled," An Act for consolidating and amending the Laws "in England, relative to Remedies against the Hundred;" and you are required to give me notice of the day, hour, and place appointed for holding such petty session, within three days after the justices shall have appointed the same. Given under my hand this in the year of our Lord

day of

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FORM OF NOTICE to be placed on the church or chapel door or other conspicuous part of the parish, township, or place [as the case may be].

I hereby give notice, that I shall apply for compensation to the justices of the peace at a special petty sessions to be holden at

on the

day of

next, at the hour of in the forenoon, on account of the damage which I have sustained by means of [here state the offence, the time and place where it was committed, and the nature and amount of the damage, in the same manner as in the preceding form]. Given under my hand, this in the year of our Lord

FF 2

day of

(Signed)

A. B.

3, c. 26.

52 H. 3, c. 25.

& 13.

c. 5.

6 Edw. 1, c. 9.

9 GEO. IV. c. 31.

An Act for consolidating and amending the Statutes in England relative to Offences against the Person.

[27th June, 1828.]

WHEREAS it is expedient to repeal various statutes now in force in that part of the united kingdom called England, relative to offences against the person, in order that the provisions contained in those statutes may be amended and consolidated into this act Be it therefore enacted by the king's most excellent 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, Repeal of 9 H. That so much of the great charter made in the ninth year of the reign of king Henry the third, as relates to inquisitions of life or member; and so much of a statute made in the fiftysecond year of the same reign, as relates to murder; and so much of a statute made in the third year of the reign of king 3 Edw. 1, c. 11 Edward the first, as relates to inquests of murder, and the writ of odio et atiâ, and to any person ravishing or taking away by force any female as therein mentioned; and so much 4 Edw. 1, st. 3, of a statute made in the fourth year of the same reign, intituled "The Statute of Bigamy," as relates to bigamists; and so much of a statute made in the sixth year of the same reign, as relates to any person killing another by misfortune or in his own defence, or in other manner without felony and so much of a statute made at Westminster in the thirteenth year of the same reign, as relates to the writ of odio et atiâ and to rape; and so much of a statute made in the ninth year of the reign of king Edward the second, commonly called Articuli Cleri, as relates to laying violent hands on a clerk; and so 18 Edw. 3, st. much of a statute made in the eighteenth year of the reign of king Edward the third, as relates to bigamists; and so much of a statute made in the twenty-fifth year of the same reign, as relates to petit treason; and so much of a statute made in the fiftieth year of the same reign, as relates to the arrest of persons of holy church; and so much of a statute made in the first year of the reign of king Richard the second, as relates to the like arrests; and so much of a statute made in the sixth year of the same reign, as relates to ravishers, and to women ravished, and so much of a statute made in the fifth year of the reign of king Henry the fourth, as relates to cutting the tongues or putting out the eyes of any, of the king's liege people, and to any assault upon the servant of a knight

13 Edw. 1, st. 1,

c. 29 & S4.

9 Edw. 2, st. 1,

c. 3.

3, c. 2.

25 Edw. 3, st.
5, part of c. 2.
50 Edw.3, c. 5.

1 Ric. 2, c. 15.

6 Ric. 2, st. 1,

c. 6.

5 H. 4, c. 5.

5 H. 4, c. 6.

of the shire in parliament; and so much of a statute made in

the second year of the reign of king Henry the fifth, as re- 2 H. 5, st. 1. c. lates to persons fleeing for murders, manslaughters, robberies, 9.

3 H. 7, c. 2.

and batteries; and so much of a statute made in the eleventh 11 H. 6, c. 11. year of the reign of king Henry the sixth, as relates to any assault or affray made to any lord, knight of the shire, citizen or burgess, being and attending at the parliament or other council of the king; and an act passed in the third year of the reign of king Henry the seventh, intituled, "An Act "against taking away of Women against their Wills;" and an act passed in the same year, intituled, “An Act that the s H. 7. c. 14. "Steward, Treasurer, and Čontroller of the King's house, shall "enquire of Offences done within the same; and an act

passed in the twelfth year of the same reign, intituled “ An 12 H. 7, c. 7. "Act to make some Offences Petty Treason;" and an act

passed in the twenty-fourth year of the reign of king Henry 24 H. 8, c. 5. the eighth, intituled, "An Act where a Man Killing a Thief "shall not forfeit his goods;" and an act passed in the twenty-fifth year of the same reign, intituled, "An Act for 25 H. 8, c. 6. "the Punishment of the Vice of Buggery;" and so much of

an act passed in the thirty-third year of the same reign, inti- 33 H. 8, c. 12, tuled An Act for Murther and Malicious Bloodshed part of s. 6 to s. "within the Court," as relates to the punishment of man- 18. slaughter and of malicious striking, by reason whereof blood

shall be shed; and an act passed in the same year, intituled, 33 H. 8, c. 23. "An Act to proceed by a Commission of Oyer and Determiner

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against such Persons as shall confess Treasons, without re

manding the same to be tried in the same Shire where the Of"fence was committed; and so much of an act passed in the

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first year of the reign of king Edward the sixth, intituled, " An 1 Edw. 6, c. 12. "Act for the Repeal of certain Statutes concerning Treasons, s. 13, 16, & 22. "Felonies, &c." as relates to petty treason and murder, and

to bigamists; but nothing therein now in force relating to foreign pleas or dower; and so much of an act passed in the fifth and sixth years of the same reign, intituled,

"An Act 5 & 6 Edw. 6,

"against Quarrelling and Fighting in Churches and Church- c. 4, s. 3.

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yards," as relates to the punishment of persons convicted

of striking with any weapon, or drawing any weapon with

intent to strike, as therein mentioned; and an act passed in

the fourth and fifth years of the reign of king Philip and 4 & 5. P. & M. queen Mary, intituled, " An Act that Accessaries in Murder c. 4.

and divers Felonies shall not have the Benefit of Clergy; and

an act passed in the same years, intituled, "An Act for the 4 & 5 P. & M "Punishment of such as shall take away Maidens that be c. 8.

"Inheritors, being within the Age of Sixteen Years, or that

66

marry them without Consent of their Parents;

" and so

much of an act passed in the fifth year of the reign of queen 5 Eliz. c. 4, s. Elizabeth, intituled, "An Act touching divers Orders for 21. "Artificers, Labourers, Servants of Husbandry and Appren"tices," as relates to the punishment of any servant, work

5 Eliz. c. 17.

18 Eliz. c. 7.

39 Eliz. c. 9.

c. 8.

man or labourer making any assanlt or affray as therein mentioned; and an act passed in the same year, intituled, "An Act for the Punishment of the Vice of Sodomy;" and an act passed in the eighteenth year of the same reign, intituled," An Act to take away Clergy from the Offenders "in Rape and Burglary and an order for the Delivery of "Clerks convict without Purgation;" and an act passed in the thirty-ninth year of the same reign, intituled, “ An Act "for taking away of Clergy from Offenders against a certain "Statute made in the Third Year of the Reign of King Henry "the Seventh, concerning the taking away of Women against "their Wills unlawfully ;" and an act passed in the first year Vulgo 2 Jac. 1, of the reign of king James the first, intituled, " An Act to "take away the Benefit of Clergy from some kind of Manslaughter;" and an act passed in the same year, intituled, Vulgo 2 Jac. 1," An Act to restrain all Persons from Marriage until their "former Wives and former Husbands be dead; and an act passed in the twenty-second and twenty-third years of the 22 & 23 Car. 2, reign of king Charles the second, intituled, "An Act to "prevent Malicious Maiming and Wounding;" and so much 22 & 23 Car. 2, of an act passed in the same years, intituled, " An Act to prevent the delivery up of Merchant Ships, and for the increase of good and serviceable Shipping," as relates to any mariner laying violent hands on his commander, as therein mentioned; and so much of an act passed in the eleventh year Vulgo 11 & 12 of the reign of king William the Third, intituled, " An Act for W. 3, c. 7, s.

c. 11.

c. 1.

c. 11, s. 9.

18.

9 Ann. c. 14, s.

8.

9 Ann. c. 16.

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"the more effectual Suppression of Piracy," as relates to any master of a merchant vessel, who shall force any man on shore or wilfully leave him behind, or refuse to bring home any man as therein mentioned; and so much of an act passed in the ninth year of the reign of queen Anne, intituled, “ An "Act for the better preventing of Excessive and Deceitful "Gaming," as relates to the forfeiture and punishment of any person assaulting and beating, or challenging or provoking to fight any other person on account of any money won as therein mentioned; and an act passed in the same year, intituled, "An Act to Make an Attempt on the Life of a Privy "Councillor in the execution of his Office to be Felony "without Benefit of Clergy;" and so much of an act passed in the twelfth year of the reign of king George the First, in12 G. 1, c. 34, tuled, "An Act to prevent Uunlawful Combinations of "Workmen employed in the Wollen Manufactures, and for "Better Payment of their Wages," as creates any felony; and an act passed in the Second year of the reign of king George the second, intituled, " An Act for the Trial of Mur"ders in cases where either the Stroke or Death only happens "within that part of Great Britain called England;" and so much of an act passed in the eleventh year of the same reign, 11 G. 2, c. 22, intituled, "An Act for Punishing such Persons as shall do Injuries and Violences to the Persons or Properties of his

S. 6.

2 G., c. 21.

part of s. 1 & 2. “

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