Time within which Prose cution shall be commenced, &c. 11 VICT. prisoned for any Term not exceeding Two Years, with or without hard Labour, as the Court shall direct. IV. Provided always, and be it enacted, That no Person shall be prosecuted for any Felony by virtue of this Act in respect of such Compassings, Imaginations, Inventions, Devices, or Inten Warrant issued, tions as aforesaid, in so far as the same are expressed, uttered, or declared by open and advised Speaking only, unless Information of such Compassings, Imaginations, Inventions, Devices, and Intentions, and of the Words by which the same were expressed, uttered, or declared, shall be given upon Oath to One or more Justice or Justices of the Peace, or to any Sheriff or Steward, or Sheriff Substitute or Steward Substitute, in Scotland, within Six Days after such Words shall have been spoken, and unless a Warrant for the Apprehension of the Person by whom such Words shall have been spoken shall be issued within Ten Days next after such Information shall have been given as aforesaid, and unless such Warrant shall be issued within Two Years next after the passing of this Act; and that no Person shall be convicted of any such Compassings, Imaginations, Inventions, Devices, or Intentions as aforesaid, in so far as the same are expressed, uttered, or declared by open or advised Speaking as aforesaid, except upon his own Confession in open Court, or unless the Words so spoken shall be proved by Two credible Witnesses. In Indictments more than one overt Act may be charged. Nothing herein to affect Provisions of 25 Edw. 3. c. 2. Indictments for Felony under this Act valid, though the Facts may amount to Treason. As to the Accessaries before and after the Fact. V. And be it enacted, That it shall be lawful, in any Indictment for any Felony under this Act, to charge against the Offender any Number of the Matters, Acts, or Deeds by which such Compassings, Imaginations, Inventions, Devices, or Intentions as aforesaid, or any of them, shall have been expressed, uttered, or declared. VI. Provided always, and be it enacted, That nothing herein contained shall lessen the Force of or in any Manner affect any thing enacted by the Statute passed in the Twenty-fifth Year of King Edward the Third, A Declaration which Offences shall be adjudged Treason. VII. Provided also, and be it enacted, That if the Facts or Matters alleged in an Indictment for any Felony under this Act shall amount in Law to Treason, such Indictment shall not by reason thereof be deemed void, erroneous, or defective; and if the Facts or Matters proved on the Trial of any Person indicted for any Felony under this Act shall amount in Law to Treason, such Person shall not by reason thereof be entitled to be acquitted of such Felony; but no Person tried for such Felony shall be afterwards prosecuted for Treason upon the same Facts. VIII. And be it enacted, That in the Case of every Felony Punishment of punishable under this Act, every Principal in the Second Degree and every Accessary before the Fact shall be punishable in the same Manner as the Principal in the First Degree is by this Act punishable; and every Accessary after the Fact to any such Felony shall on Conviction be liable to be imprisoned, with or without hard Labour, for any Term not exceeding Two Years. IX. Pro Scotland not 5 & 6 W. 4. c. 73. IX. Provided always, and be it enacted, That no Person com- Felonies under mitted for Trial in Scotland for any Offence under this Act shall this Act in be entitled to insist on Liberation on Bail, unless with Consent bailable, except of the public Prosecutor, or by Warrant of the High Court or as provided by Circuit Court of Justiciary, in such and the like Manner and to the same Effect as is provided by an Act passed in the Session of Parliament holden in the Fifth and Sixth Years of the Reign of His Majesty King George the Fourth, intituled An Act to provide that Persons accused of Forgery in Scotland shall not be entitled to Bail, unless in certain Cases; but the Trial of any Trial to take Person so committed, and whether liberated on Bail or not, shall place in Terms. in all Cases be proceeded with and brought to a Conclusion of Act of Scotunder the like Certification and Conditions as if Intimation to of 1701. fix a Diet for Trial had been made to the public Prosecutor in Terms of an Act passed in the Scottish Parliament in the Year One thousand seven hundred and one, intituled An Act for preventing wrongous Imprisonment, and against undue Delays in Trials. tish Parliament secutions under X. And be it enacted, That it shall not be lawful for any No Costs alCourt before which any Person shall be prosecuted or tried for lowed in Proany Felony under this Act to order Payment to the Prosecutor this Act. or the Witnesses of any Costs which shall be incurred in preferring or prosecuting any such Indictment. XI. 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 amended, &c. Parliament. CAP. XIII. An Act for amending the Law for the leasing of Mines in Ireland. [22d April 1848.] WHEREAS by an Act passed in the Parliament of Ireland in the Tenth Year of the Reign of His Majesty King George the First, intituled An Act for the further Encourage- 10 G. 1. (1.) 'ment of finding and working Mines and Minerals within this 'Kingdom, it is amongst other things enacted, that it shall be 6 lawful to and for all Archbishops and Bishops, Deans, Deans and Chapters, Archdeacons, Prebendaries, and other Digni'taries Ecclesiastical, Parsons, Rectors, Vicars, and to and for 'all Bodies Politic and Corporate, Colleges, Cathedral or Collegiate Churches, and Hospitals, and to and for all and every Person or Persons whatsoever who now are or at any Time ⚫ hereafter shall be Tenant or Tenants for Life, with an immediate Remainder to his or her First and every other Son in Tail Male, and also to and for all and every Person and 'Persons who now are or at any Time hereafter shall be Tenant in Dower or by Courtesy, by and with the Consent and Concurrence of such Person and Persons as shall be seised in ⚫ reversion or remainder of an Estate of Inheritance of and in any Mines therein-after mentioned, immediately expectant upon the Death of such Tenant in Dower or by the Courtesy, or in case of the Nonage, Idiotcy, or the Lunacy of such Person 15 G. 2. (I.) 23 G. 2. (L.) 46 G. 3. c. 71. 6 so seised in reversion or remainder, then with and by the Consent of the Guardian or. Guardians of such Minor, or the • Committee of such Idiot or Lunatic, by and with the Approbation of the Lord Chancellor, Lord Keeper or Commissioners of the Great Seal of this Kingdom, for the Time being, in the 'said Cases of Nonage, Idiotcy, or Lunacy, by Indentures under their respective Hands and Seals, whereof Counterparts are to be duly executed by the respective Lessees, to make and grant Leases, not exceeding the Term of Thirty-one Years, of all Mines and Minerals whatsoever which are already found or shall or may hereafter be found and discovered within their respective Manors, Glebes, or Lands, so as the same be made to commence in possession, without any Fine or Income, or any other Consideration than the yearly Rent in such Lease or Leases reserved and mentioned, and so as the most improved Rent that can be reasonably gotten for the same be reserved upon every such Lease, and that such Rent be not less in • Value than One Tenth Part or Share of the Ore to be dug and raised out of such Mines or Minerals, without any Regard had to the Charges and Expenses in digging, raising, and laying the same on the Bank, and so as such Rent shall be reserved and made payable in and by such Leases to such Lessor or Lessors or such other Person and Persons as should from Time to Time during the Continuance of such Lease have been actually entitled by the Laws of this Kingdom to the • Benefit of such Mines and Minerals in case this Act had not been made: And whereas by an Act passed in the Parliament of Ireland in the Fifteenth Year of the Reign of King George the Second, intituled An Act for explaining and amending an • Act, intituled An Act for the further Encouragement of finding and working Mines and Minerals in this Kingdom,' the Provisions of the said Act of the Tenth Year of the Reign of King George the First were extended to Coal Mines: And whereas by an Act passed in the Parliament of Ireland in the Twenty-third Year of the Reign of King George the Second, intituled An Act for explaining and amending an Act, • intituled An Act for the further Encouragement of finding and working Mines and Minerals within this Kingdom,' the Provisions of the said recited Act of the Tenth Year of the Reign of King George the First are further extended, and the Persons and Parties therein mentioned are empowered to make Leases of Coal Mines for any Term or Number of Years not exceeding Forty-one Years, in possession, and not in reversion, at any Rent or Rents not less than Two-pence for every Ton of Coals which shall be raised and laid upon the Bank, without Fine or Income or any other Consideration than the yearly Rent reserved: And whereas certain of the said Acts were further amended by an Act of the Forty-sixth Year of the Reign of King George the Third, intituled An Act to ⚫ amend several Acts for the Encouragement of finding and working Mines and Minerals within Ireland; and it is expedient further to amend the Provisions of the said Acts, in relation to 6 6 6 the So much of the recited Acts as specifies a minimum Rent upon Leases of Mines, or limits such Leases to the Term of Mines authorized by the Rent that can 'the Duration of the Term and to the Rent to be reserved on Leases therein provided for:' 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 from and after the passing of this Act so much of the said recited Act of the Tenth Year of King George the First, and of the said recited Acts amending the same, as limits the Term of such Leases to Thirty-one Years, and as requires that the Rent reserved upon such Lease or Leases be not less in Value than One Tenth Part or Share of the Ore to be dug and raised out of such Mines or Minerals, without any Regard Thirty-one to the Charges and Expenses in digging and raising and laying and Leases of Years, repealed; the same on the Bank, and also so much of the said recited Act of the Twenty-third Year of King George the Second, or said Acts may of any Act amending the same, as provides that the Rent or be made for Rents reserved in any such Leases of Coal Mines as in the said Forty-one Act mentioned shall not be less than Two-pence for every Ton Years, so as the of Coals which shall be raised and laid upon the Bank, shall be best improved and the same is and are hereby repealed; and that it shall be be reasonably lawful for all and every the respective Person or Persons, Bodies gotten be rePolitic or Corporate, empowered to make Leases by the said served, &c. recited Acts respectively, or by any of them, and they and every of them are hereby empowered, in like Manner as in the said Acts respectively mentioned, to make and grant for any Term of Years not exceeding Forty-one Years any such Lease or Leases as is or are authorized by the said recited Acts or any of them to be made for a Term not exceeding Thirty-one Years, or any Term therein mentioned, so as every such Lease be made to commence in possession, without any Fine or Foregift or any other Consideration than the yearly Rent or other Return in the Nature of Rent in such Lease or Leases reserved and mentioned, and so as the best and most improved Rent or other Return in the Nature of Rent, whether in Money or in Kind, that can be reasonably gotten for the same, be reserved upon every such Lease, and so as such Rent or Return in the Nature of Rent shall be reserved and made payable in and by every such Lease to such Lessor or Lessors, or such other Person and Persons as should from Time to Time during the Continuance of such Lease have been actually entitled by Law to the Benefit of such Mines and Minerals in case the said recited Acts and this Act had not been passed, and so as in every such Lease there be contained a Condition for Re-entry on Nonpayment of the Rent or Return in the Nature of Rent to be thereby reserved, and so as every such Lessee do execute a Counterpart. of his Lease; and the several Clauses and Provisions of the said recited Acts now in force, and not hereby altered or repealed, shall, so far as the same are respectively applicable, and not repugnant to this Act, be construed to extend to such Leases as are hereby authorized. II. And be it enacted, That it shall be lawful for any Trustee Trustees, &c. or Trustees, Feoffee or Fcoffees, for any charitable or other of any Freehold [No. 8. Price 2d.] H Purposes Estate in Mines may make Leases for 41 Years Purposes or Feme Coverte or Infant, of any Freehold Estate in any such Mines or Minerals as aforesaid, or of any Estate upon like Terms therein (other than a Lease at Rack Rent) created for a Term as herein before of Years not exceeding Fifty Years unexpired, or determinable provided. upon the Fall of any Life or Lives, or upon the Execution of any Trusts mentioned in any Deed or Assurance creating such Term, and also for any Trustee or Trustees of any such Estate or Interest who shall be in the actual Possession of such Mines or Minerals, or the Rents and Profits thereof, or in receipt of the Rents payable by the Tenants thereof, on behalf of their respective Cestuique Trusts or such Feme Coverte or Infant as aforesaid, to make any Lease or Leases of the same, and of Lands contiguous thereto, as in any of the said recited Acts specified, for any Term of Years not exceeding Forty-one Years, upon like Terms and Conditions as herein-before provided as to the Leases hereby authorized. Leases under recited Act may be surrendered, and again granted under this Act. Act may be amended, &c. III. And be it enacted, That it shall be lawful for any of the said respective Persons, Bodies Politic or Corporate, hereinbefore mentioned, to accept a Surrender or Surrenders of any existing Lease or Leases made under the Authority of the said recited Acts or any of them, and thereupon to make and grant a Lease or Leases of the same Mines or Minerals under the Provisions of this Act. 5&6 W. 4. c. 76. IV. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this present Session of Parliament. CAP. XIV. An Act for authorizing a Borough Police Superannu- |