ページの画像
PDF
ePub

of King's Bench at Westminster and Dublin, and by Indictment at the Sessions of the Peace, Sessions of Oyer and Terminer, Great 'Sessions and Sessions of Gaol Delivery, in that Part of Great • Britain called England, and in Ireland respectively, by reason that the Defendants in some of the said Cases have, according to the present Practice of such respective Courts, an Opportunity of postponing their Trials to a distant Period, by means of Imparlances in the said several Courts of King's Bench, and by Time being given to try in such respective Courts of Session;' For Remedy thereof be it 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, That from and after the passing of this Act, where any Person shall be prosecuted in His Majesty's Court of King's Bench at Westminster or in His Majesty's Court of King's Bench in Dublin respectively, for any Misdemeanor, either by Information or by Indictment there found or removed into the same respective Courts, and shall appear in Term time in either of the said Courts respectively in Person, to answer to such Indictment or Information, such Defendant upon being charged therewith shall not be permitted to imparle to a following Term, but shall be required to plead or demur thereto within Four Days from the time of his or her ApJudgment may pearance; and in Default of his or her pleading or demurring

Persons prosecuted in

K. B. for Misdemeanors, appearing in Court, not permitted to imparle.

be entered for want of Plea.

Court may allow further

Time to plead.

Persons in Custody or held to Bail

within 20 Days

before Sessions, to plead, unless a Writ of Certiorari delivered before Jury

sworn.

within Four Days as aforesaid, Judgment may be entered against the Defendant for Want of a Plea; and in case such Defendant shall appear to such Indictment or Information by his or her Clerk or Attorney in Court, it shall not be lawful for such Defendant to imparle to a following Term, but a Rule requiring such Defendant to plead may forthwith be given, and a Plea or Demurrer to such Indictment or Information enforced, or Judgment by Default entered thereupon, in the same manner as might have been done, before the passing of this Act, in Cases where the Defendant had appeared to such Indictment or Information by his or her Clerk in Court or Attorney in a previous Term.

II. Provided always, and be it further enacted, That it shall be lawful for the said respective Courts, or for any Judge of the same respectively, upon sufficient Cause shown for that purpose, to allow further Time for such Defendant to plead or demur to such Indictment or Information.

III. And be it further enacted, That from and after the passing of this Act, where any Person shall be prosecuted for any Misdemeanor by Indictment at any Session of the Peace, Session of Oyer and Terminer, Great Session or Session of Gaol Delivery within that Part of Great Britain called England, or in Ireland, having been committed to Custody or held to Bail to appear to answer for such Offence Twenty Days at the least before the Session at which such Indictment shall be found, he or she shall plead to such Indictment, and Trial shall proceed thereupon at such same Session of the Peace, Session of Oyer and Terminer, Great Session or Session of Gaol Delivery respectively, unless a Writ of Certiorari for removing such Indictment into His Majesty's Courts of King's Bench at Westminster or in Dublin respec

tively,

tively, shall be delivered at such Session before the Jury shall be

sworn for such Trial.

Indictment

IV. And it is hereby declared and enacted, That such Writ Certiorari may of Certiorari may be applied for and issued before such Indict- be issued before ment has been found, in the like Cases, in the same manner, and found. upon the same Terms and Conditions, as if such Writ of Certiorari had been applied for after such Indictment had been found.

Sessions:

V. And be it further enacted, That from and after the passing In what Cases of this Act, where any Person shall be prosecuted for any Mis- Indictments demeanor by Indictment at any Session of the Peace, Session of may be tried at Oyer and Terminer, Great Session or Session of Gaol Delivery subsequent within that Part of Great Britain called England, or in Ireland, not having been committed to Custody or held to Bail to appear to answer for such Offence Twenty Days before the Session at which such Indictment shall be found, but who shall have been committed to Custody or held to Bail to appear to answer for such Offence at some subsequent Session, or shall have received Notice of such Indictment having been found Twenty Days before such subsequent Session, he or she shall plead to such Indictment at such subsequent Session, and Trial shall proceed thereupon at such same Session of the Peace, Session of Oyer and Terminer, Great Session or Session of Gaol Delivery respectively, unless a Writ of Certiorari for removing such Indictment Unless Cerinto His Majesty's Courts of King's Bench at Westminster or in tiorari delivered Dublin respectively shall be delivered at such last mentioned as herein menSession before the Jury shall be sworn for such Trial, any Usage to the contrary notwithstanding.

Law or

tioned.

VI. Provided always, and be it further enacted, That nothing Proviso for rein this Act contained shall extend or be construed to extend to moving Indictments found by prevent any Indictment, found by a Grand Jury of any City or Grand Jury Town Corporate, from being removed, at the Prayer of any De- to an adjoining fendant, for Trial by a Jury of the County next adjoining to the County to be County of such City or Town Corporate, pursuant to the Provi- tried. sions of an Act passed in the Thirty eighth Year of His present

Majesty's Reign, intituled An Act to regulate the Trial of Causes, 38 G. 3. c. 52. Indictments and other Proceedings, which arise within the Counties of certain Cities and Towns Corporate within this Kingdom; and upon such Removal, the Defendant shall plead, and the Trial shall be had according to the Provisions of this Act, in like manner as if such Indictment had been originally found by a Grand Jury of such next adjoining County.

VII. Provided also, and be it enacted, That it shall be lawful Court may for the Court, at any Session of the Peace, Session of Oyer and allow further Terminer, Great Session or Session of Gaol Delivery respectively, Time for Pleading, &c. upon sufficient Cause shown for that purpose, to allow further Time for Pleading to any such Indictment, or for Trial of the

same.

VIII. And be it further enacted by the Authority aforesaid, In Prosecutions That in all Cases of Prosecutions for Misdemeanors, instituted by by Attorney His Majesty's Attorney or Solicitor General, in any of the Courts General, &c. aforesaid, the Court shall, if required, make Order that a Copy of Copy of Inthe Information or Indictment shall be delivered, after Appear- formation, &e. ance, to the Party prosecuted, or his Clerk in Court or Attorney, delivered gratis. upon Application made for the same, free from all Expence to the

Party

If Prosecution

Party so applying; provided that such Party, or his Clerk in Court or Attorney, shall not have previously received a Copy thereof. IX. Provided also, and be it further enacted, That in case any Prosecution for a Misdemeanor instituted by His Majesty's AttorTwelve Calen. ney or Solicitor General in any of the Courts aforesaid, shall not be brought to Trial within Twelve Calendar Months next after the Plea of Not Guilty shall have been pleaded therein, it shall be lawful for the Court in which such Prosecution shall be dependthereon, upon ing, upon Application to be made on the behalf of

not brought to Trial within

dar Months,

Court may

make Order

Notice.

Proviso for

Quo Warranto
Actions, &c.

59 G. 3. c. 66.

In case of Mills being destroy

ed, Persons belonging to them may be employed by Night in other

Mills.

Hour for Dinner to be between Eleven and Four.

[ocr errors]
[ocr errors]

any Defendant in such Prosecution, of which Application Twenty Days previous Notice shall have been given to His Majesty's Attorney or Solicitor General, to make an Order, if the said Court shall see just Cause so to do, authorising such Defendant to bring on the Trial in such Prosecution; and it shall thereupon be lawful for such Defendant to bring on such Trial accordingly, unless a Nolle Prosequi shall have been entered in such Prosecution.

X. And be it further enacted, That nothing in this Act contained shall extend or be construed to extend to any Prosecution by Information in Nature of a Quo Warranto, or for the Nonrepair of any Bridge or Highway.

CAP. V.

An Act to amend an Act of the last Session of Parliament, to make further Provision for the Regulation of Cotton Mills and Factories, and for the Preservation of the Health of young Persons employed therein. [23d December 1819.]

WHEREAS an Act was made in the Fifty ninth Year of

the Reign of His present Majesty, intituled An Act to 'make further Provision for the Regulation of Cotton Mills and Factories, and for the better Preservation of the Health of young Persons employed therein: And whereas it is expedient to pro'vide for Accidents by Fire or otherwise, which may arise in the working of such Mills or Factories, by which many Persons may be suddenly deprived of Employment, and to alter the said 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, That on the Event of One or more Mills being suddenly destroyed by Fire or other Accident, the Proprietors thereof, possessing other Mills which are kept at work during the Day, shall, for Eighteen Months from the Day on which any such Fire or other Accident shall happen, be allowed to employ the Persons who were previously at work on the Mill or Mills so destroyed, and employ them in the Night time in any other Mill or Mills, for any Period not exceeding Ten Hours in any one Night.

II. And Whereas it is by the said Act enacted, that there 'shall be allowed to every Person, in the Course of every Day, not less than Half an Hour to Breakfast, and not less than One 'full Hour for every Dinner; such Hour for Dinner to be between Eleven of the Clock in the Forenoon and Two of the Clock in the Afternoon: And whereas it is expedient that the Period thereby specified for the Hour of Dinner should be altered;' Be

it

it therefore enacted, That such Hour for Dinner shall be between the Hours of Eleven of the Clock in the Forenoon and Four of the Clock in the Afternoon; any thing in the said Act to the contrary notwithstanding.

III. And be it further enacted, That this Act shall be deemed Public Act. and taken to be a Public Act, and shall be judicially taken Notice of as such by all Judges, Justices and others, without being specially pleaded.

CAP. VI.

An Act for more effectually preventing Seditious Meetings
and Assemblies; to continue in force until the End of
the Session of Parliament next after Five Years from the
passing of the Act.
[24th December 1819.]

WHEREAS in divers Parts of this Kingdom, Assemblies

of large Numbers of Persons collected from various Pa'rishes and Districts, under the Pretext of deliberating upon public Grievances, and of agreeing on Petitions, Complaints, Remonstrances, Declarations, Resolutions or Addresses upon the Subject thereof, have of late been held, in Disturbance of the Public Peace, to the great Terror and Danger of His Majesty's loyal and peaceable Subjects, and in a manner manifestly tending to produce Confusion and Calamities in the Nation: Be it 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, That no Meeting of any Description of Persons, exceeding the Number of Fifty Persons (other than and except any Meeting of any County, or Division of any County, called by the Lord Lieutenant, Governor or Custos Rotulorum, or the Sheriff of such County, or any Meeting of any Riding of any County called by the Lord Lieutenant or Custos Rotulorum of such Riding, or by the Sheriff of the same County; or any Meeting called by the Sheriff or Stewart Depute or Substitute, or by the Convener of any County or Stewartry, or any Meeting called by Five or more acting Justices of the Peace of the County, Stewartry or Place where such Meeting shall be holden; or any Meeting of any Riding or Division of any County having different Ridings or Divisions, called by Five or more Justices of such Riding or Division; or any Meeting called by the major Part of the Grand Jury of the County where such Meeting shall be holden, at the Assizes for the said County; or any Meeting of any City, Borough or Town Corporate, called by the Mayor or other Head Officer of such City, Borough, or Town Corporate; or any Meeting of any Ward or Division of any City, called by the Alderman or other Head Officer of such Ward or Division, or any Meeting of any Corporate Body), shall be holden for the purpose or on the Pretext of deliberating upon any public Grievance, or upon any Matter or Thing relating to any Trade, Manufacture, Business or Profession, or upon any Matter in Church or State; or of considering, proposing or agreeing to any Petition, Complaint, Remonstrance, Declaration, Resolution or Address upon the Subject thereof; unless in the Parish, or when any Parish

shall

No Meeting of
more than 50
Persons (except
County Meet-

ings, &c.) to be
holden, unless
in separate

Parishes or
Townships, and
where Persons

calling the
Meeting shall
usually inha
bit, and with
Notice to a
Peace by Seven
Householders.

Justice of the

Justice may alter Time and Place of Meeting;

and notify the

same in

Writing.

No Adjournments of Meetings, &c.

No Persons (except Justices, &c.) to attend Meetings, unless Freeholders of

the County, or

shall be divided into Townships, having separate and distinct Overseers of the Poor, then in the Township within which the Persons calling any such Meeting shall usually inhabit or dwell; nor unless Notice in Writing of the Intention to hold such Meeting, and of the Time and Place when and where, and of the Purpose for which the same shall be proposed to be holden, shall be delivered personally to some Justice of the Peace residing in or near to such Parish or Township, and usually acting for the District or Division within which such Parish or Township shall be situate, Six Days at the least before such Meeting shall be proposed to be holden as aforesaid; nor unless such Notice shall be subscribed by Seven Persons at the least, being Householders usually resident within the Parish or Township (as the Case may be) where such Meeting shall be proposed to be holden; nor unless the respective Places of Abode and Descriptions of such Persons be inserted in such Notice.

II. Provided always, and be it further enacted, That it shall be lawful for the Justice of the Peace to whom any such Notice as aforesaid shall be delivered, to alter the Time and Place, or either of them, mentioned in such Notice for holding any such proposed Meeting, and to fix any other convenient Time, being not more than Four Days from and after the Day proposed in the Notice, or any other convenient Place within the Parish or Township for which such Meeting is intended to be held as aforesaid; and in every such Case the said Justice of the Peace shall notify in Writing every such Alteration, and either give such Notification to the Person who shall deliver the Notice, or leave such Notification at any time within Two Days after the Delivery to the said Justice of such Notice as aforesaid, at the Place of Abode specified in such Notice of any one of the Seven Persons subscribing the same; and the said Meeting, if held, shall not in any such Case be held on any other Time, or at any other Place, than shall be so fixed by the said Justice of the Peace.

III. And be it further enacted, That it shall not be lawful to adjourn any Meeting that shall be holden at any Time or Place mentioned in any such Notice, or so altered as aforesaid to any subsequent Time, or to any other Place than shall have been so mentioned in such Notice, or so altered as aforesaid; and that every Meeting which shall be holden by way of or under pretence of being an adjourned Meeting, at any other Time or Place than the Time or Place mentioned in such Notice, or so altered as aforesaid, for the Purpose or on the Pretext of deliberating upon any Public Grievance, or upon any Matter or Thing relating to any Trade, Manufacture, Business or Profession, or upon any Matter in Church or State, or of considering, proposing or agreeing to any Petition, Complaint, Remonstrance, Declaration, Resolution or Address, upon the Subject thereof, shall be deemed and taken to be an unlawful Assembly.

IV. And be it further enacted, That no Person (other than and except Justices of the Peace, Sheriffs, Under Sheriffs, Constables or other Peace Officers or other Persons acting under their Authority, or in their Aid or Assistance) shall attend any Meeting whatever exceeding the Number of Fifty Persons, which shall be holden for the Purpose or on the Pretext of deliberating upon any Public Grievance,

« 前へ次へ »