officer of the court, or proved to be a true copy, shall be sufficient evidence to prove a conviction for the former offence, and the conviction shall be presumed to have been unappealed against until the contrary be shown. 7 Wм. IV. and 1 VIC. c. 34. For regulating the duties of 7 WILL. IV. postage. BRIT. [July 12, 1837.] & 1 VIC. c. 34. British stat. 1837. Foreign marked letters con 7 Wm. IV. and 1 Vic. c. 34, sec. 15.] The foreign postage marked on a letter, brought into the United Kingdom, shall, in postage all courts of justice and other places, be received as conclusive es con evidence of the amount of foreign postage, payable in respect of cla such letter in addition to the British postage, and such foreign thereof. postage shall be recoverable within the United Kingdom and other her majesty's dominions, as postage due to her majesty. evidence 1 Vic. c. 28.] To amend the criminal law. (a) BRIT. [March 24, 1838.] 1 VIC. c. 28. Island Act. 1838. proved on confined governor's known. 1 Vic. c. 28, sec. 2.] Whereas persons charged with high treason, murder, or felony, may have been or may be of unsound mind at the time of committing the offence wherewith they may have been or shall be charged, and by reason of such insanity may have been or may be found not guilty of such offence, and it may be dangerous to permit persons so acquitted to go at large: Be it therefore enacted, That in all Persons cases where it shall be given in evidence, upon the trial trial to be of any person charged with treason, murder, or felony, that insane to be such person was insane at the time of the commission of such until offence, and such person shall be acquitted, the jury shall be pleasure be required to find especially whether such person was insane at the time of the commission of such offence, and to declare whether such person was acquitted by them on account of such insanity: and, if they shall find that such person was insane at the time of the committing such offence, the court, before whom such trial shall be had, shall order such person to be kept in strict custody, in such place and in such manner as to the court shall seem fit, until the pleasure of the governor, or person exercising the functions of governor, shall be known: and it shall thereupon be lawful for the governor, or person exercising the functions of governor, to give such order for the safe custody of such person, during the governor's pleasure, in such place and (a) Sec. 1 of this act repealed by 16 Vic. c. 15, sec. 10. Island Act. 1838. 1 VIC. c. 28. in such manner as to the governor, or person exercising the functions of governor, shall seem fit: and in all cases where any person, before the passing of this act, has been acquitted of any such offences on the ground of insanity at the time of the commission thereof, and has been detained in custody as a dangerous person, by order of the court before whom such person has been tried and still remains in custody, it shall be lawful for the governor, or person exercising the functions of governor, to give the like order for the safe custody of such person during his pleasure, as the governor, or person exercising the functions of governor, is hereby enabled to give in the cases of persons who shall hereafter be acquitted on the ground of insanity. Further to insane 3. If any person indicted for any offence shall be insane, and directions as shall, upon arraignment, be found so to be by a jury lawfully prisoners. impanelled for that purpose, so that such person cannot be tried upon such indictment; or, if upon the trial of any person so indicted, such person shall appear to the jury charged with such indictment to be insane, it shall be lawful for the court, before whom any such person shall be brought, to be arraigned or tried as aforesaid, to direct such finding to be recorded, and thereupon to order such person to be kept in strict custody until the pleasure of the governor, or person exercising the functions of governor, shall be known; and if any person charged with any offence shall be brought before any court to be discharged for want of prosecution, and such person shall appear to be insane, it shall be lawful for such court to order a jury to be impanelled to try the sanity of such person; and if the jury so impanelled shall find such person to be insane, it shall be lawful for such court to order such person to be kept in strict custody, in such place and in such manner as to such court shall seem fit, until the pleasure of the governor, or person exercising the functions of governor, shall be known; and in all cases of insanity so found, it shall be lawful for the governor, or person exercising the functions of governor, to give such order for the safe custody of such person so found to be insane, during his pleasure, in such place and in such manner as the governor, or person exercising the functions of governor, shall seem fit. 3 & 4 VIC. c. 26. 3 and 4 VIC. c. 26.] To remove doubts as to the competency of British stat. persons being rated inhabitants of any parish to give evidence in certain cases. 1840. BRIT. [3rd July, 1840.] -3 and 4 Vic. c. 26, sec. 1.] Whereas it is expedient to remove all doubts whether persons are by law competent to give evidence in cases where they have been formerly held to be c. 26. 1840 disqualified by the liability to pay parochial rates, Be it enacted, 3 & 4 VIC. That no person called as a witness on any trial in any court British stat. whatever, may and shall be disabled or prevented from giving evidence, by reason of such person being, as the inhabitant of Persone not any parish or township, rated or assessed or liable to be rated or disqualified assessed to the relief of the poor, or for and towards the evidence on maintenance of church, chapel, or highways, or for any other being of purpose whatever. from giving assessed to parochial rates. any trial not from giving 2. No churchwarden, overseer, or other officer in and for any Nominal parish, township, or union, or any person rated or assessed, or parties on liable to be rated or assessed as aforesaid, shall be disabled or disabled prevented from giving evidence on any trial, appeal, or other evidence. proceeding, by reason only of his being a party to such trial, appeal, or other proceeding, or of his being liable to costs in respect thereof, when he shall be only a nominal party to such trial, appeal, or other proceeding, and shall be only liable to contribute to such costs in common with other the rate-payers of such parish, township, or union. Island Act. 4 VIC. c. 45.] To amend the laws relating to offences against 4 Vic. c. 45. the person. ISLD. [December 22, 1840.] 1840. Juries may cases acquit and find assault. 4 Vic. c. 45, sec. 9.] On the trial of any person for any of the offences hereinbefore mentioned, or for any felony whatever, in certain where the crime charged shall include an assault against the of felony, person, it shall be lawful for the jury to acquit of the felony, guilty of and to find a verdict of guilty of assault against the person indicted, if the evidence shall warrant such finding; and when such verdict shall be found, the court shall have power to imprison the person so found guilty of an assault for any term not exceeding three years. . Island Act. 6 and 7 VIC. c. 22.] An act to authorise the legislatures of 6 & 7 VIC. certain of her majesty's colonies to pass laws for the admission in c. 22. certain cases of unsworn testimony in civil and criminal proceedings. BRIT. [ 31st May, 1843.] 6 and 7 Vic. c. 22, sec. 1.] Whereas there are resident within the limits of, or in countries adjacent to, divers of the British colonies and plantations abroad, various tribes of barbarous and uncivilized people, who, being destitute of the knowledge of 1843. c. 22. 1843. 6 & 7 VIC. God and of any religious belief, are incapable of giving evidence Island Act. on oath in any court of justice within such colonies or plantations: And whereas doubts have arisen whether any laws which have been or which might be made by the legislatures of such colonies respectively, to provide for the admissibility in such courts of the evidence of such persons are not or would not be repugnant to the law of England, and therefore null and void, and it is expedient that such doubts should be removed: Be it therefore enacted, That no law or ordinance made or to be made. by the legislature of any British colony for the admission of the evidence of any such persons as aforesaid in any court, or before any magistrate within any such colony, shall be or be deemed to have been null and void or invalid by reason of any repugnancy or supposed repugnancy of any such enactment to the law of England, but that every law or ordinance made or to be made by any such legislatures as aforesaid, for the admission before any such court or magistrate of the evidence of any such persons as aforesaid on any conditions thereby imposed, shall have such and the same effect, and shall be subject to the confirmation or disallowance of her majesty in such and the same manner, as any other law or ordinance enacted for any other purpose by such colonial legislature. 6 & 7 VIC. c. 98. 6 and 7 VIC. c. 98.] For more effectual suppression of the slave British stat. trade. 1843. Evidence may be taken transmitted Bench. BRIT. [24th August, 1843.] 6 and 7 Vic. c. 98, sec. 4.] Whereas the provisions heretofore made for the hearing and determining in England of offences abroad, and committed against the acts for the abolition of the slave trade to the court in places out of this United Kingdom have been found ineffecof Queen's tual, by reason of the difficulty of proving in this kingdom matters and things done elsewhere: Be it enacted, That in all cases of indictment or information laid or exhibited in the court of queen's bench for misdemeanors or offences committed against the said act, or against this present act in any places out of the United Kingdom and within any British colony, settlement, plantation, or territory, it shall and may be lawful for her inajesty's said court, upon motion to be made on behalf of the prosecutor or defendant, to award a writ or writs of mandamus, requiring the chief justice or other chief judicial officer in such colony, settlement, plantation, or territory, who are hereby respectively authorized and required accordingly to hold a court with all convenient speed for the examination of witnesses and receiving other proofs concerning the matters charged in such indictment or informations respectively, and in the meantime to cause public notice to be given of the holding of such courts c. 98. 1843. and summonses to be issued for the attendances of witnesses 6 & 7 VIC. and of agents and counsel of the parties; and such examinations British stat. as aforesaid shall be then and there openly and publicly taken in the said court vivâ voce upon the respective oaths of the persons examined and be reduced to writing, and be sent to her majesty in her court of Queen's Bench (in manner set forth and prescribed in an act passed in the thirteenth year of George the Third, chapter sixty-three, intituled, An Act for stablishing certain regulations for the better management of the affairs of the East India Company as well in India as in Europe), and such depositions being duly taken and returned according to the true intent and meaning of this act shall be allowed and read, and shall be deemed as good and competent evidence as if such witnesses had been present and sworn, and examined viva voce at any trial for such misdemeanors and offences as aforesaid, in her majesty's said court of Queen's Bench, any law or usage to the contrary thereof notwithstanding. 7 VIC. c. 5.] For amending the laws of evidence in certain 7 Vic. c. 5. cases. (a) ISLD. [3rd Nov., 1843.] Island Act. 1843. offender 7 Vic. c. 5, sec. 2.] Whereas there are certain misdemeanors which render the parties convicted thereof incompetent witnesses, and it is expedient to restore the competency of such persons after they have undergone their punishment: Be it therefore Where enacted, That when any offender hath been or shall be convicted hath enof any such misdemeanor (except perjury or subornation of dured punperjury), and hath endured or shall endure the punishment to shall not be which such offender hath been or shall be adjudged for the same, incompe such offender shall not, after the punishment so endured, be tent witdeemed to be by reason of such misdemeanor an incompetent witness in any court or proceeding, civil or criminal. ishment, he deemed an ness. 7 VIC. c. 31.] For improving the law of evidence. ISLD. [1843.] 7 Vic. c. 31, sec. 1.] Whereas the enquiry after truth in courts of justice is often obstructed by incapacities created by the present law, and it is desirable that full information as to the facts in issue both in criminal and in civil cases should be laid before the persons who are appointed to decide upon them, and (a) See COMMUTATIONS-PARDONS. (Post.) 7 Vic. c. 31. Island Act. 1843. |