No. 12.-1 Vic. ch. 88. An Act to amend certain Acts relating to the Crime of Piracy. (17th July, 1837.) W No. 12. Act 1 Vic. c. 88. HEREAS it is expedient to amend so much of an Act passed in the Twenty-eighth year of the reign of King Henry the Eighth, entitled " For Pirates," and so much of an Act passed in the 28 H. 8, c. 15. Eleventh and Twelfth years of the reign of King William the Third, entitled, "An Act for the more effectual Suppression of 11 & 12 W. 3, Piracy," and so much of an Act passed in the Fourth year of the c. 7. reign of King George the First, entitled, "An Act for the further 4 G. 1, c. 11, preventing Robbery, Burglary, and other Felonies, and for the s. 7. more effectual Transportation of Felons and unlawful Exporters of Wool, and for declaring the Law upon some Points relating to Pirates," and so much of an Act passed in the Eighth year of the same reign, entitled, "An Act for the more effectual suppressing of 8 G. 1, c. 24. Piracy," and so much of an Act passed in the Eighteenth year of the reign of King George the Second, entitled, "An Act to amend 18 G. 2, c. 30. an Act made in the Eleventh year of the reign of King William the Third, entitled, 'An Act for the more effectual Suppression of Piracy,'" as relates to the punishment of the crime of piracy, or of any offence by any of the said Acts declared to be piracy, or of accessaries thereto respectively; 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, That so much of the said several Acts as is hereinbefore referred to shall from and after the commencement of this Act be, and the same is hereby repealed. Repeal of provisions in recited Acts. II. And be it enacted, That from and after the commencement Punishment of this Act, whosoever, with intent to commit, or at the time of, or of piracy when murder is immediately before or immediately after committing the crime of attempted. piracy in respect of any ship or vessel, shall assault, with intent to murder, any person being on board of, or belonging to such ship or vessel, or shall stab, cut, or wound any such person, or unlawfully do any act by which the life of such person may be endangered, shall be guilty of felony, and being convicted thereof, shall suffer death as a felon. III. And be it enacted, That from and after the commencement Persons guilty of this Act, whosoever shall be convicted of any offence which by of piracy, to be any of the Acts hereinbefore referred to amounts to the crime of transported. piracy, and is thereby made punishable with death, shall be liable, at the discretion of the Court, to be transported beyond the seas for the term of the natural life of such offender, or for any term not less than Fifteen years, or to be imprisoned for any term not exceeding Three years. IV. And be it enacted, That in the case of every felony punish- Punishment of able under this Act, every principal in the second degree, and every accessaries. accessary before the fact shall be punishable with death, or otherwise in the same manner as the principal in the first degree is by this Act punishable; and every accessary after the fact to any felony punishable under this Act shall, on conviction, be liable to be imprisoned for any term not exceeding Two years. Offences V. And be it enacted, That where any person shall be convicted of any offence punishable under this Act for which imprisonment punishable by imprisonment. No. 12. Act 1 Vic. c. 88. Not to affect powers of 5 & 6 W. 4, c. 38, and 4 G. 4,c. 64. Cmmencement. of Act. No. 13. Act 4 Vic. c. 21. A release to be effectual although no lease for a year shall be executed. may be awarded, it shall be lawful for the Court to sentence the offender to be imprisoned, or imprisoned and kept to hard labour, in the common gaol or house of correction, and also to direct that the offender shall be kept in solitary confinement for any portion or portions of such imprisonment, or of such imprisonment with hard labour, not exceeding One month at any one time, and not exceeding Three months in any one year, as to the Court in its discretion shall seem meet. VI. And be it further enacted, That nothing in this Act contained shall be construed to extend to the alteration or repeal of any of the powers, provisions, or regulations contained in an Act made and passed in the Fifth and Sixth years of the reign of His late Majesty King William the Fourth, entitled, "An Act for effecting greater Uniformity of Practice in the Government of the several Prisons in England and Wales, and for appointing Inspectors of Prisons in Great Britain ;" or in an Act made and passed in the Fourth year of His Majesty King George the Fourth, entitled, "An Act for consolidating and amending the Laws relating to the Building, Repairing, and Regulating of certain Gaols and Houses of Correction in England and Wales." VII. And be it further enacted, That this Act shall commence and take effect on the First day of October, One thousand eight hundred and thirty-seven. No. 13.-4 Vic. ch. 21. An Act for rendering a Release as Effectual for the Conveyance of Freehold Estates as a Lease and Release by the same Parties. (18th May, 1841.) WH HEREAS it is expedient to lessen the expense of conveying freehold estates; 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, That every deed or instrument of release of a freehold estate, or deed or instrument purporting or intended to be a deed or instrument of release of a freehold estate which shall be executed on or after the Fifteenth day of May, One thousand eight hundred and forty-one, and shall be expressed to be made in pursuance of this Act, shall be as effectual for the purposes therein expressed, and shall take effect as a conveyance to uses or otherwise, and shall operate in all respects both at law and equity as if the releasing party or parties who shall have executed the same had also executed in due form a deed or instrument of bargain and sale or lease for a year for giving effect to such release, although no such deed or instrument of bargain and sale or lease for a year shall be executed: Provided that every such deed or instrument so taking effect under this Act shall be chargeable with the same amount of stamp duty as any bargain and sale or lease for a year would have been chargeable with (except progressive lease for a year duty) if executed to give effect to such deed or instrument, in addition to the stamp duties which such deed or instrument shall be chargeable with as a release or otherwise, under any Act or Acts relating to stamp duties. Release chargeable with the stamp duty to which the would have been liable. II And whereas many deeds or instruments of bargain and sale No. 13. Act 4 Vic. c. 21. The recital or mention of a lease for a year or leases for a year, to give effect to deeds or instruments of release of freehold estates heretofore executed, have been lost or mislaid; Be it enacted, That where, in or by any deed or instrument of release of freehold estates executed before the Fifteenth day of May, One thousand eight hundred and forty-one, any deed or instrument of bargain and sale or lease for a year for giving effect to such deed or instrument of release shall be recited, or by any mention in a release thereof in such deed or instrument of release appear to have been executed before the passing of made or executed, such recital or mention thereof shall be deemed this Act, to be and taken to be conclusive evidence of the deed or instrument of evidence of the bargain and sale or lease for a year so recited or mentioned having execution of been made and executed; and such deed or instrument of release such lease for a shall also have the like effect as if the same had been executed after the Fifteenth day of May, One thousand eight hundred and fortyone, whether such deed or instrument of bargain and sale or lease for a year shall or shall not have been lost or mislaid, or may or may not be produced: Provided always, that this Act shall not prejudice or affect any proceedings at law or in equity pending at the time of the passing of this Act, in which the validity of any bargain and sale or lease for a year shall be in question between the party claiming under such bargain and sale or lease for a year and the party claiming adversely thereto; and such bargain and sale or lease for a year, if the result of such proceedings, shall invalidate the same, shall not be rendered valid by this Act. year. "freehold." III. And be it enacted, That in the construction of this Act the Construction word "freehold" shall have not only its usual signification, but of the word shall extend to all lands and hereditaments for the conveyance of which if this Act had not been passed a bargain and sale or lease for a year, as well as a release, would have been used. IV. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed during the present session of altered, &c. Parliament. No. 14.-6 & 7 Vic. ch. 96. An Act to amend the Law respecting FOR NOR the better protection of private character, and for more effectually securing the liberty of the press, and for better preventing abuses in exercising the said liberty; 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, That in any action for defamation it shall be lawful for the defendant (after notice in writing of his intention so to do, duly given to the plaintiff at the time of filing or delivering the plea in such action,) to give in evidence, in mitigation of damages, that he made or offered an apology to the plaintiff for such defamation before the commencement of the action, or as soon afterwards as he had an opportunity of doing so, in case the action shall have been commenced before there was an opportunity of making or offering such apology. II. And be it enacted, That in an action for a libel contained in any public newspaper or other periodical publication, it shall be competent to the defendant to plead that such libel was inserted in No. 14. Act 6 & 7 V. c. 96. Offer of an apology ad missible in evidence in mitigation of damages. In an action against a newspaper for libel, the No. 14. Act 6 & 7 V. Defendant may and without may pay money into Court as amends. 3 & 4 W. 4, e. 42. Publishing or threatening to publish a libel, or proposing to abstain from publishing any thing with intent to extort money, punish able by imprisonment and hard labour. False defamatory libel punishable by imprisonment and fine. Malicious defamatory such newspaper or other periodical publication without actual III. And be it enacted, That if any person shall publish, or threaten to publish, any libel upon any other person, or shall directly or indirectly threaten to print or publish, or shall directly or indirectly propose to abstain from printing or publishing, or shall directly or indirectly offer to prevent the printing or publishing, of any matter or thing touching any other person, with intent to extort any money or security for money, or any valuable thing from such or any other person, or with intent to induce any person to confer or procure for any person any appointment or office of profit or trust, every such offender, on being convicted thereof, shall be liable to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding Three years: Provided always, that nothing herein contained shall in any manner alter or affect any law now in force in respect of the sending or delivery of threatening letters or writings. IV. And be it enacted, That if any person shall maliciously publish any defamatory libel, knowing the same to be false, every such person, being convicted thereof, shall be liable to be imprisoned in the common gaol or house of correction for any term not exceeding Two years, and to pay such fine as the Court shall award. V. And be it enacted, That if any person shall maliciously publish any defamatory libel, every such person, being convicted libel, by impri- thereof, shall be liable to fine or imprisonment, or both, as the Court may award, such imprisonment not to exceed the term of One year. sonment or fine. Proceedings upon the trial VI. And be it enacted, That on the trial of any indictment or information for a defamatory libel, the defendant having pleaded of an indictment such plea as hereinafter mentioned, the truth of the matters charged may be inquired into, but shall not amount to a defence, unless it was for the public benefit that the said matters charged or information for a defamatory libel. No. 14. Act 6 & 7 V. c. 96. should be published; and that to entitle the defendant to give evidence of the truth of such matters charged as a defence to such indictment or information, it shall be necessary for the defendant, in pleading to the said indictment or information, to allege the truth of the said matters charged in the manner now required in pleading a justification to an action for defamation, and further to allege that it was for the public benefit that the said matters charged should be published, and the particular fact or facts by reason whereof it was for the public benefit that the said matters charged should be published, to which plea the prosecutor shall be at liberty to reply generally, denying the whole thereof; and that if after such plea the defendant shall be convicted on such indictment or information, it shall be competent to the Court, in pronouncing sentence, to consider whether the guilt of the defendant is aggravated or mitigated by the said plea, and by the evidence given to prove or to disprove the same: Provided always, that the truth of the matters charged in the alleged libel complained of by such indictment or information shall in no case be inquired into without such plea of justification: Provided also, that in addition Double plea. to such plea it shall be competent to the defendant to plead a plea of not guilty: Provided also, that nothing in this Act contained shall take away or prejudice any defence under the plea of not guilty, which it is now competent to the defendant to make under such plea to any action or indictment or information for defamatory words or libel. Proviso as to plea of not guilty in civil and criminal proceedings. Evidence to rebut primâ facie case of publication by an agent. VII. And be it enacted, That whensoever, upon the trial of any indictment or information for the publication of a libel, under the plea of not guilty, evidence shall have been given which shall establish a presumptive case of publication against the defendant by the act of any other person by his authority, it shall be competent to such defendant to prove that such publication was made without his authority, consent, or knowledge, and that the said publication did not arise from want of due care or caution on his part. VIII. And be it enacted, That in the case of any indictment or On prosecution information by a private prosecutor for the publication of any for private libel, defamatory libel, if judgment shall be given for the defendant, he defendant shall be entitled to recover from the prosecutor the costs sustained by the said defendant by reason of such indictment or information; and that upon a special plea of justification to such indictment or information, if the issue be found for the prosecutor, he shall be entitled to recover from the defendant the costs sustained by the prosecutor by reason of such plea, such costs so to be recovered by the defendant or prosecutor respectively to be taxed by the proper officer of the Court before which the said indictment or information is tried. entitled to costs on acquittal. IX. And be it enacted, That wherever throughout this Act, Interpretation in describing the plaintiff or the defendant, or the party affected of Act. or intended to be affected by the offence, words are used importing the singular number or the masculine gender only, yet they shall be understood to include several persons as well as one person, and females as well as males, unless when the nature of the provision or the context of the Act shall exclude such construction. X. And be it enacted, That this Act shall take effect from the First day of November next; and that nothing in this Act contained shall extend to Scotland. Commence ment and extent of Act. |