Page images
PDF
EPUB

shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding 7 years and not less than 3 years, -or to be imprisoned for any term not exceeding 2 years, with or without hard labour ; and any such offence may be dealt with, inquired of, tried, determined, and punished in any county or place in England or Ireland where the offender shall be apprehended or be in custody, in the same manner in all respects as if the offence had been actually committed in that county or place: Provided that nothing in this section contained shall extend to any second marriage contracted elsewhere than in England and Ireland by any other than a subject of Her Majesty, or to any person marrying a second time whose husband or wife shall have been continually absent from such person for the space of 7 years then last past, and shall not have been known by such person to be living within that time, or shall extend to any person who, at the time of such second marriage, shall have been divorced form the bond of the first marriage, or to any person whose former marriage shall have been declared void by the sentence of any Court of competent jurisdiction.

LXVIII. All indictable offences mentioned in this Act which shall be committed within the jurisdiction of the Admiralty of England or Ireland shall be deemed to be offences of the same nature and liable to the same punishments as if they had been committed upon the land in England or Ireland, and may be dealt with, inquired of, tried, and determined in any county or place in England or Ireland in which the offender shall be apprehended or be in custody, in the same manner in all respects as if they had been actually committed in that county or place; and in any indictment for any such offence, or for being an accessory to such an offence, the venue in the margin shall be the same as if the offence had been committed in such county or place, and the offence shall be averred to have been committed“ on the high

Provided that nothing herein contained shall alter or affect any of the laws relating to the government of Her Majesty's land or naval forces.

seas :"

ACT of the British Parliament, " for promoting the Revision of the

Statute Law, by repealing divers Acts and Parts of Acts which have ceased to be in force;" so far as relates to the exemption from Stamp Duty of Policies of Insurance from Fire, on Îlouses and

Property in Foreign Countries. [24 & 25 Vict., cap. 101.]

[August 6, 1861.] WHEREAS with a view to the revision of the Statute Law, and particularly to the preparation of an edition of the statutes comprising only enactments which are in force, it is expedient that

divers Acts and parts of Acts which have ceased to be in force otherwise than by express and specific repeal should be expressly and specifically repealed :

And whereas the Acts mentioned in the Schedule to this Act have so ceased to be in force to the extent specified in the 3rd column of the said Schedule :

Be it therefore enacted by the Queen'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, as follows:

I. The Acts mentioned in the Schedule to this Act shall be repealed to the extent specified in the 3rd column of the said Schedule, except as to any operation already effected by, or Act done under, any enactment herein comprised, or as to any right, title, obligation, or liability already acquired or accrued under any such enactment.

(SCHEDULE.) Column 3—Extent of Repeal. 26 Geo.3.c.82. Stamp Duties, and Sect. 7. (relative to the

Duties on Policies commitment of certain of Fire for In offenders for non-paysurance as to Pro ment of Penalties).

perty abroad. * Sect. IX. (Not repealed.) And whereas by an Act made in the 22nd year of the reigo of his present Majesty, intituled "An Act for Charging a Duty on Persons whose Property shall be insured against Loss by Fire," it is enacted: That there shall be raised, levied, collected, and paid throughout Great Britain, unto and for the use of His Majesty, his heirs and successors, the yearly sum of 1 shilling and 6 penoe upon every sum of £100, and so in proportion for any greater or less sum that is or shall be insured by any person or persons in or by any policy of insurance for insuring houses, goods, wares, merchandizes, or other property from loss by fire; and whereas it is thought expedient toexemptall policies for insuring foreign property from loss by fire froin the said yearly duty; be it therefore enacted, that from and after the 5th day of July, 1786, the said yearly rate or duty upon all sums of money that are or shall be insured by any person or persons in or by any policy of insurance made in Great Britain for insuring of any house or houses, furniture, goods, wares, merchandizes, or other property within any foreign kingdom or State in amity with His Majesty, his heirs or successors shall cease and determine, and be no longer paid or payable, anything in the said recited Act contained to the contrary thereof notwithstanding.

ACT of the British Parliament, to amend' The Probates and Let

ters of Administration Act (Ireland), 1857 ;""so far as relates to the appointment of a Commissioner of Charitable Donations and

Bequests. [24 & 25 Vict., cap. 111.]

[August 6, 1861.) WHEREAS by an Act passed in the 7th and 8th years of Her Majesty, chapter 97, for the more effectual Application of Charitable Donations and Bequests in Ireland, it is provided, that the

See Vol. 10, Page 840.

Judge of Her Majesty's Court of Prerogative for Causes Ecclesiastical and Court of Faculties in and throughout Ireland for the time being shall be one of the Commissioners of Charitable Donations and Bequests : And whereas by another Act passed in the 20th and 21st years of the reign of Her Majesty, chapter 79, for amending the law relating to Probates and Letters of Administration in Ireland, it is provided, that the Judge of Her Majesty's Court of Probate in Ireland shall be one of the Commissioners of Charitable Donations and Bequests, in lieu of the Judge of Her Majesty's Court of Prerogative for Causes Ecclesiastical and Court of Faculties in and throughout Ireland : And whereas the Judge of Her Majesty's Court of Probate in Ireland may be called upon as Judge of the said Court to decide cases in which the Commissioners of Charitable Donations and Bequests are parties, and it is therefore expedient that the said Judge should cease to be a Commissioner of Charitable Donations and Bequests, and that the said last-recited Act should be amended : Be it therefore enacted by the Queen'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, as follows :

I. So much of the said recited Act of the 20th and 21st years of Her Majesty, chapter 79, as provides that the Judge of Her Majesty's Court of Probate shall be one of the Commissioners of Charitable Donations and Bequests for Ireland, shall be and the same is hereby repealed, and it shall be lawful for Her Majesty, by Warrant under the Sign Manual, to appoint one other person to be a Commissioner of Charitable Donations and Bequests for Ireland, instead of the said Judge of Her Majesty's Court of Probate so ceasing to be such Commissioner, and the appointment of such Commissioner shall be published in the Dublin Gazette.

II. Provided always, That no order, decree, or judgment which shall have been made or given, or proceeding which shall have been taken, before the passing of this Act, by the Court of Probate in Ireland, in or in respect of any issue which shall have been tried in the said Court, in which the said Commissioners of Charitable Donations and Bequests were parties or had any interest, shall be subject to be overruled or rendered invalid by reason of the Judge of the said Court having been ex officio one of the said Commissioners.

ACT of the British Parliament, to amend the Law with respect to

Wills of Personal Estate made by British Subjects,at Home and Abroad.

[24 & 25 Vict., cap. 114.]

[August 6, 1861.] BE it enacted by the Queen'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, as follows:

I. Every will and other testamentary instrument made out of the United Kingdom by a British subject (whatever may be the domicile of such person at the time of making the same or at the time of his or her death)shall as regards personal estate be held to be well executed for the purpose of being admitted in England and Ireland to probate, and in Scotland to confirmation, if the same be made according to the forms required either by the law of the place where the same was made or by the law of the place where such person was domiciled when the same was made, or by the laws then in force in that part of Her Majesty's dominions where he had his domicile of origin.

II. Every will and other testamentary instrument made within the United Kingdom by any British subject (whatever may be the domicile of such person at the time of making the same or at the time of his or her death) shall as regards personal estate be held to be well executed, and shall be admitted in England and Ireland to probate, and in Scotland to confirmation, if the same be executed according to the forms required by the laws for the time being in force in that part of the United Kingdom where the same is made.

III. No will or other testamentary instrument shall be held to be revoked or to have become invalid, nor shall the construction thereof be altered, by reason of any subsequent change of domicile of the person making the same.

IV. Nothing in this Act contained shall invalidate any will or other testamentary instrument as regards personal estate which would have been invalid if this Act had not been passed, except as such will or other testamentary instrument may be revoked or altered by any subsequent will or testamentary instrument made valid by this Act.

V. This Act shall extend only to wills and other testamentary instruments made by persons who die after the passing of this Act.

ACT of the British Parliament, " for the Government of the Navy;"

so far as it relates to Foreign Nations and Foreign Service, viz.: The Enemy, Mutineers, Pirates, Rebels, Spies, Deserters, &c.; Prizes ; Convoys; Wrecks; Merchandize; Land Forces ; Passengers ; Courts-Martial; Criminal Offences; Incendiarism;

Prisons; 8c. [24 & 25 Vict., cap. 115.]

[August 6, 1861.] PART 1.- ARTICLES OF WAR.

Misconduct in the Presence of the Enemy. II, EVERY flag officer, captain, commander, or officer com

manding subject to this Act who upon signal of battle, or on sight of a ship of an enemy which it may be his duty to engage, shall not,

1. Use his utmost exertion to bring his ship into action;

2. Or shall not during such action, in his own person and according to his rank, encourage his inferior officers and men to fight courageously;

3. Or who shall surrender his ship to the enemy when capable of making a successful defence, or who in time of action shall improperly withdraw from the fight, shall, if he has acted traitorously, suffer death; if he has acted from cowardice shall suffer death, or be imprisoned, and be also dismissed with disgrace from Her Majesty's service; and if he has acted from negligence, or through other default, he shall be dismissed from Her Majesty's service, with or without disgrace, or shall suffer such other punishment as is hereinafter mentioned.

III. Every officer subject to this Act who shall forbear to pursue the chase of any enemy, pirate, or rebel, beaten or flying, or shall not relieve and assist a known friend in view to the utmost of his power, or who shall improperly forsake his station, shall, if he has therein acted traitorously,suffer death; if he has acted from cowardice suffer death or such other punishment as is hereinafter mentioned; if he has acted from negligence, or through other default, shall be dismissed from Her Majesty's service with disgrace, or shall suffer such other punishment as is hereinafter mentioned.

IV. When any action or any service is commanded, every person subject to this Act who shall presume to delay or discourage the said action or service upon any pretence whatsoever, or in the presence or vicinity of the enemy shall desert his post or sleep upon his watch, shall suffer death, or such other punishment as hereinafter mentioned.

V. Every person subject to this Act, and not being a commanding officer, who shall not use his utmost exertions to carry the orders of his superior officers into execution when ordered to prepare for action, or during the action, shall, if he has acted traitorously, suffer death; if he has acted from cowardice shall suffer death, or such other punishment as is hereinafter mentioned ; and if he has acted from negligence, or through other default, be dismissed from Her Majesty's service, with disgrace, or suffer such other punishment as is hereinafter mentioned.

Communications with the Enemy. VI. All spies for the enemy shall he deemed to be persons subject to this Act, and shall suffer death, or such other punishment as is hereinafter mentioned.

VII. Every person subject to this Act who shall traitorously hold

1. Correspondence with or shall give intelligence to the enemy;

VOL. XI.

T

« ՆախորդըՇարունակել »