No. 5. WRIT OF DETAINER. To the Sheriff of Lancashire, Greeting : that detain C.D. if he shall be found in your Custody at the Delivery hereof to you, and him safely keep in an Action on Promises (or of Debt, et cetera, as the Case may be, ] at the Suit of A.B., until he shall be lawfully discharged from your Custody : And We do further command you, that on Receipt hereof you do warn the said C.D. by serving a Copy hereof on him, that within Eight Days after Service of such Copy, inclusive of the Day of such Service, he do cause Special Bail to be put in for him, in Our Court of Common Pleas at Lancaster, to the said Action; and that in default of his so doing the said A.B. may declare against him on or before the Third Commission Day of the Assizes (exclusive of Sunday) next after his Detainer, and proceed thereon to Judgment and Execution: And We do further command you the said Sheriff, that immediately after the Service hereof you do return this Our Writ, or a Copy hereof, to Our said Court, together with the Day of the Service hereof. Witness at Lancaster, the Year of our Reign. Day of CA P. LXIII. contingent and other Expences of the Disembodied Militia [13th August 1834.] [This Act is the same (except as to Dates) as 3 & 4 W. 4. c. 62.] CA P. LXIV. liament the making of Lists and the Ballots and Enrol- [13th August 1834.] [This Act is the same, except as to Dates and the Section here inserted, as 3 & 4 W. 4.c. 21.] III. And be it further enacted, That it shall and may be lawful His Majesty may direct Va. for His Majesty, by Order, signified by One of His Majesty's cancies not to Principal Secretaries of State, to direct that in case of any be filled up. Vacancy occurring in the disembodied permanent Staff, such СА Р. 6 CAP. LXV. [13th August 1834.] : WHEREAS by an Act passed in the Sixth Year of the Reign of His late Majesty, intituled An Act for punishing 6 G. 4. c.69. • Offences committed by Transports kept to Labour in the Colonies, • and better regulating the Powers of Justices of the Peace in New South Wales, His Majesty was empowered, by Order in Council, any any such Possession, Colony, or Plantation, and being under Sentence or • Order of Transportation, should be sent or transported : And whereas His said late Majesty, by an Order bearing Date the • Eleventh Day of November in the Year of our Lord One thou sand eight hundred and twenty-five, was pleased, by and with the Advice of His Privy Council, to authorize the Governors . or other Persons administering the Government of any of His * Majesty's Possessions, Colonies, or Plantations, from "Time to Time, by Proclamation to be by them respectively for such Purpose issued, to appoint the Place or Places within His Majesty's Dominions to which any Offender convicted as aforesaid, and being under Sentence or Order of Transportation, should be sent or transported: And whereas, in pursuance of the said • Order of His Majesty in Council, the Governor of New South • Wales issued a Proclamation, bearing Date the Fifteenth Day • of August in the Year One thousand eight hundred and twenty. • six, and thereby appointed, among other Places, Norfolk Islana ' to be the Place within the Colony of New South Wales to which * Offenders convicted in the said Colony, and being under Sen tence or Order of Transportation, might be sent or transported: And whereas the Removal of Persons under Charge of Capital and other Offences committed at Norfolk Island, from • thence for Trial in the Supreme Court of the said Colony, is ' attended with great Delay, Expence, and Inconvenience, and it ' is expedient that a Court should be established in Norfolk Island ' for the Trial and Punishment of Crimes, Misdemeanors, and • Offences, of what Nature or Degree soever, committed there • by Persons under Sentence or Order of Transportation : And • whereas an Act was made and passed in the Thirty-fifth Year of ' the Reign of His late Majesty King George the Third, intituled • An Act to repeal an Act made in the last Session of Parliament, 35 G.3. c. 18. • intituled · An Act to enable His Majesty to establish a Court of • Criminal Judicature in Norfolk Island,' and for better enabling · His Majesty to establish such Court in the said Island : And • whereas the Provisions of the said recited Act are insufficient to remedy the Inconvenience and to carry into effect the Pur' poses herein-before expressed, and it is therefore expedient to ' repeal the same : 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 R 1 the Recited Act the said recited Act so made and passed in the Thirty-fifth Year 35 G.3. c. 18. of the Reign of His late Majesty King George the Third as aforerepealed. said, and every Clause, Matter, and Thing therein contained, shall be and the same is and are hereby repealed. Governor of II. And be it further enacted, That it shall and may be lawful New South for the Governor of New South Wales, with the Advice and ConWales em sent of the Legislative Council of the said Colony, by an Ordipowered to in nance to be by them made for such Purpose, to institute a Court stitute a Court of Criminal of Criminal Jurisdiction in Norfolk Island, and to grant to such Jurisdiction in Court full Power and Authority to take cognizance of all Crimes, Norfolk Island. Misdemeanors, and Offences soever committed by any Felons or other Offenders under Sentence or Order of Transportation or Removal to Norfolk Island, whether the same be committed within the said Ísland, or on board of any Ship or Vessel during the Passage of such Felons or Offenders to the same, or at the Island called Philip Island, adjacent to Norfolk Island ; and the said Crimes, Misdemeanors, and Offences so committed to adjudge and punish respectively according to the Laws in force in New South Wales in like Cases. Court to con- III. And be it enacted, That the said Court of Criminal Jurissist of a Barrister diction shall consist of One Judge, who shall be a Barrister duly and Five Mili admitted in England or Ireland, of not less than Three Years tary or Naval Officers. standing, and of Five Commissioned Officers of His Majesty's Sea or Land Forces, whether on Full or Half Pay; and such Judge and Officers respectively shall from Time to Time, as Occasion shall require, be appointed by the Governor of New South Wales, for the Purpose of forming a Court as aforesaid ; and the said Court shall have such ministerial Officers as shall be necessary for conducting the Proceedings and executing the Processes, Judgments, and Orders thereof; and the said ministerial Officers shall be appointed to and removed from their respective Offices in such Manner as the said Governor for the Time being shall direct; and the said Judge, Commissioned Officers, and ministerial Officers respectively shall receive such reasonable Allowances as the said Governor, with the Advice of the Legislative Council of the said Colony, shall, by any such Ordinance made as aforesaid, appoint and direct, which Allowances shall be in lieu of all Fees, Perquisites, and Emoluments whatsoever in respect of their said Offices. Regulating IV. And be it further enacted, That the said Court of Criminal Periods of hold- Jurisdiction shall be holden at Norfolk Island at such Times and ing the Court. Place as the Governor of New South Wales shall, by Warrant under his Hand, from Time to Time appoint and direct ; and all Crimes, Misdemeanors, Offences, and other Misconduct cognizable by such Court shall be prosecuted, tried, and adjudged, and the Judgments, Processes, and Orders thereof shall be carried into effect, according to such Forms, Rules, Course, and Order of Proceeding as the said Governor, with the Advice of the said Legislative Council, shall by any such Ordinances as aforesaid from Time to Time direct and appoint : Provided always however that Execution shall not be had or done upon any Convict or Convicts in any Capital Case unless the said Judge and Five Officers by whom such Convict or Convicts shall be tried shall concur in finding him or them guilty. V. And be it further enacted, That the said Court of Criminal Court to be a Jurisdiction shall be a Court of Record, and shall have all such Court of RoPowers as by Law are incident and belong to a Court of Record: cord. Provided always, that the Records and Proceedings of such Court shall be deposited in the Office of the Supreme Court of New South Wales, and there safely kept in like Manner as other Records of the said Court. CA P. LXVI. Woods, Forests, Land Revenues, Works, and Buildings to [13th August 1834.] :W HEREAS by an Act passed in the Fifty-ninth Year of the Reign of His late Majesty King George the Third, • intituled An Act to amend an Act passed in the Fifty-fifth Year 59 G.3.c. 48. • of His present Majesty, for granting to His Majesty the Sum of Twenty thousand Pounds towards repairing Roads between London ' and Holyhead by Chester, and between London and Bangor by • Shrewsbury; and for giving additional Powers to the Commis• sioners therein named to build a Bridge over the Menai Straits, and ' to make a new Road from Bangor Ferry to Holyhead in the County of Anglesea, it was amongst other things) enacted, • that the Commissioners therein named should yearly, out of the • Monies arising from the Tolls which should be collected and • received at any of the Turnpikes or Toll Gates erected on or across the said intended Bridge by virtue of the said Act now « in recital, reserve and keep in their own Hands the Sum of Five • hundred Pounds as and for the Expences incident to the • maintaining and keeping in necessary Repair the said intended • Bridge, and the Accesses and Roads thereto within One hun• dred Yards thereof; and all the Surplus, Rest, Residue, and • Remainder of the Monies arising from such last-mentioned • Tolls should yearly and every Year, on the First Day of May, ' or within Thirty Days thereafter, be paid over by the said • Commissioners into the Receipt of His Majesty's Exchequer • at Westminster, to the Account of the Consolidated Fund, until • the whole of the Principal Sum or Sums of Money which should • be advanced by the Lord High Treasurer or the Commis• sioners of His Majesty's Treasury for and towards defraying * the Expences of building and completing the said Bridge and • the Accesses thereto, and for making and completing a Road • from the said Bridge to Holyhead, and for the Purchase of the said Ferry called Bangor Ferry, and the Tolls, Profits, and Appurtenances thereof, or of any Lands, Tenements, or Here• ditaments necessary for the Purposes of the said Bridge or • Roads, together with Interest for the same at and after the • Rate of Five Pounds per Centum per Annum, should be wholly « paid off and discharged ; and when the whole of such Principal Sum or Sums, together with the Interest for the same at and after 4 G.4. c. 74. 6 was after the Rate aforesaid, should be so discharged, then all the • Money arising from the said Tolls should be applied by the said Commissioners in the Support, Repair, and Maintenance • of the said intended Bridge and the Accesses thereto: And ' whereas by an Act passed in the Fourth Year of the Reign of • His late Majesty King George the Fourth, intituled An Act for • vesting in Commissioners the Bridges now building over the Menai Straits and the River Conway, and the Harbours of Howth and Holyhead, and the Road from Dublin to Howth; and for the further Improvement of the Road from London to Holyhead, it was (amongst other things) enacted, that all the Powers, • Clauses, Provisions, and Authorities contained in the said • recited Act of the Fifty-ninth Year of King George the Third should be exercised and carried into execution by the Com' missioners appointed by the Act now in recital, in the building • and completing the said Bridge over the Menai Straits, and • the Roads and Accesses thereto, in the same Manner and as fully and efficiently as the same might have been exercised • and carried into effect by the said Commissioners mentioned in the said recited Act of the Fifty-ninth Year of King George • the Third ; and from and after the said Bridge should be • completed, the same, with the Accesses and Approaches thereto, should be maintained, repaired, and supported under the Powers and Authorities and Provisions of the said recited Act of the Fifty-ninth Year of the Reign of King George the « Third, for building a Bridge over the Menai Straits; and it further enacted, that the said Commissioners appointed by • the Act now in recital should yearly, out of the Monies arising • from the Tolls which should be collected and received at the · Turnpikes or Toll Gates erected on or across the said Bridge over the River Conway, reserve and keep in their own Hands " the Sum of Two hundred Pounds as and for the Expences in cident to the maintaining and keeping in necessary Repair the said Bridge over the River Conway, and the Accesses and • Roads thereto; and all the Surplus, Rest, Residue, and Re mainder of the Monies arising from such last-mentioned Tolls • should yearly and every Year, on the First Day of May, or within Thirty Days thereafter, be paid over by the said Com' missioners into the Receipt of His Majesty's Exchequer at Westminster, to the Account of the Consolidated Fund, until " the whole of the Principal Sum of Forty thousand Pounds • advanced by the Commissioners of His Majesty's Treasury under • the Powers of an Act passed in the First and Second Year of • the Reign of His late Majesty King George the Fourth, intituled • An Act for applying a certain Sum of Money out of the Consoli• dated Fund of the United Kingdom of Great Britain and Ireland · for the Purpose of building a Bridge over the River Conway in the County of Carnarvon, and for imposing additional Rates of Postage on Letters and Packets conveyed over the said Bridge, • for and towards the Expences of building and completing the ' said Bridge over the River Conway, and the Accesses and • Approaches thereto, and for the Purchase of Conway Ferry, " and the Tolls and Profits arising therefrom, together with Inte• rest for the same at and after the Rate of Four Pounds per Centur 1 & 2 G. 4.c.35 |
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