House or other Building, shall pull down or demolish or begin 'to pull down or demolish the same, or shall commit any other unlawful Waste or Destruction thereof or thereto, or shall pull down or sever from the Freehold any Fixture or Utensil being within or appurtenant to such Dwelling House or other Building, or such Part of such Dwelling House or other Buildings, or used or occupied therewith, or which in a due Course of Occupancy ought not to be so pulled down or severed from the Freehold, shall be deemed and are thereby declared to be guilty of a Misdemeanor, and shall be subject and liable, on Conviction thereof, to the like Pains and Penalties as in Cases of Mis' demeanor: And Whereas Doubts have arisen as to what Class ' of Offenders the said Enactment applies, other than those who 'shall obtain and get Possession of any Dwelling or other Building for the fraudulent and malicious Purposes of pulling down or demolishing the same, or of doing other unlawful Waste or Destruction: And Whereas it is expedient that such Doubts should be removed, and that the said Enactment should be expressly extended to the Offenders hereinafter mentioned and described; 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 Description of assembled, and by the Authority of the same, That from and after Persons declared to be Offenders against the recited Act. the passing of this Act all Persons who, being possessed in any Manner or Right whatever of any Dwelling House or other Building, or any Part of any Dwelling House or other Building, held under or by virtue of any Lease or Agreement, or for any Term of Years, or other less Term, certain or at Will, (whether the Possession of such Dwelling House or other Building, or Part of such Dwelling House or other Building, shall have been obtained for the fraudulent and malicious Purpose of pulling down or demolishing the same, or for any other Purpose whatever,) shall wilfully, fraudulently, or maliciously, and not for the Purposes of any intended Improvements or beneficial Alteration therein, pull down or demolish, or begin to pull down or demolish the same, or commit any other unlawful Waste or Destruction thereof or thereto, or pull down or sever from the Freehold any Fixture or Utensil being within or appurtenant to such Dwelling House or other Building, or used or occupied therewith, or which in a due Course of Occupancy ought not to be so pulled down or severed from the Freehold, and also all Persons who shall wilfully and knowingly aid, abet, or assist in the same, or who shall wilfully and knowingly purchase or contract to purchase the Materials or any Part of the Materials of which such Dwelling House or other Building or any Part of such Dwelling House or other Building was constructed, or any Fixture or Utensil being within or appurtenant to any such Dwelling House or other Building, or Part of such Dwelling House or other Building, or used and occupied therewith, and which in due Course of Occupancy ought not to be pulled down and severed from the Freehold, shall be deemed and are hereby declared to be guilty of a Misdemeanor, and shall be subject and liable, on Conviction thereof, to the like Pains and Penalties as in Cases of Misdemeanor. - CAP. CA P. XXXIII. An Act for the further Regulation of the General Peniten- WHEREAS the Acts now in force for the Regulation of the General Penitentiary at Millbank have been found insuf'ficient for the Repression of mutinous and disorderly Behaviour on the Part of the Convicts towards the Officers of the said 'Penitentiary, and it is expedient to make further Provisions 'for securing that Object, as well as certain other Objects con'ducive to the Well-being of the said Establishment;' 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 if any Convict in the General Penitentiary at Millbank shall assault the Governor thereof, or any Officer or Servant employed therein, the Committee appointed for the Management of the said Penitentiary under or by virtue of the said Acts may order him or her to be prosecuted for the said Offence, and upon Conviction thereof such Offender shall be liable to be confined in the said Penitentiary for any Term not exceeding Two Years, in addition to the Term for which at the Time of committing such Offence he or she was subject to be confined, and shall also be liable (if a Male) to be publicly or privately whipped, if the Court shall so think fit. Punishment of Convicts assaulting the Governor or any other officer. inflicted in cer tain Cases and under certain Restrictions. II. And be it enacted, That it shall be lawful for the Committee Corporal Puof the said Penitentiary from time to time to specify, by a Regul- nishment maybe ation or Regulations, such Offences as shall appear to them deserving of Corporal Punishment, such Regulations to be submitted to the Judges of the Court of King's Bench for their Sanction, in Manner directed by the Act passed in the Fifty-sixth Year of the Reign of King George the Third, intituled An Act to regulate the General Penitentiary for Convicts at Millbank in the County of Middlesex; and if any Male Convict in the said Penitentiary shall, after the Sanction of the said Judges shall be received, commit any Offence whereby he shall under such Regulations become liable to Corporal Punishment, the Governor of the said Penitentiary shall have Power to report such Offence to some One of His Majesty's Justices of the Peace for the County of Middlesex, who shall as soon as convenient repair to the said Penitentiary, and shall enquire into the Offence so reported to him, and shall for that Purpose examine any Person upon Oath, if he shall so think fit, and if upon Proof of the Offence he shall be of Opinion that the same, under the Regulations above referred to, and under the Circumstances of the Case, is deserving of Corporal Punishment, such Magistrate is hereby authorized to order the Offender to be publicly or privately whipped: Provided always, that no Convict who shall have been so corporally punished shall for the same Offence be liable to be ordered by the Committee of the said Penitentiary to be punished by Confinement in a dark Cell upon Bread and Water; but it shall nevertheless be competent to the said Committee to removed such Convict, if ranked in the Second Class, into the First Class; and in case of Removal into the First P 2 Class Corporal Punishment and solitary Conbe inflicted for finement not to the same Offence. Prosecutions against Convicts for Offences in the Incorrigible Convicts may be reported by the Committee to the Secretary of State, who may remit them to their original Sentences. Removal of diseased Prisoners. Class, such Convict shall from the Time of making the Order of Removal remain in such First Class until he shall be restored to the Second Class by Order of the Committee, or until the Term of his Confinement in the said Penitentiary shall be completed. III. And be it enacted, That if any Convict who shall be under Confinement in the said Penitentiary shall at any Time during the Term of such Confinement break Prison, or escape, or be rescued from the said Penitentiary, or shall escape or be rescued in his or her Conveyance thereto, or from the Person or Persons having the lawful Custody of such Convict, or shall commit any other Offence mentioned in this Act or in any Act relating to the said Penitentiary, and cognizable by any Criminal Court, every such Offender may be tried either in the Jurisdiction where the Offence was committed or in that where he or she shall be apprehended and retaken; and in case of any Prosecution for any of the Offences aforesaid, against any such Convict, or against any other Person concerned therein, or aiding, abetting, or assisting the same, the Order of One of His Majesty's principal Secretaries of State for the Confinement of such Convict in the said Penitentiary, together with due Proof of the Identity of the Person of such Convict, and Production of the Register of the said Penitentiary in which the Commitment of such Convict, and of his having been received into the said Prison under such Order, shall be entered, shall be sufficient Evidence of all the Facts inserted in such Registry as to such Convict, without the Production of any Record of such Conviction, or Proof that such Convict had been convicted of Felony, and legally ordered to be confined in the said Fenitentiary. IV. And be it enacted, That if any Convict shall, within the first Half of the Period for which he or she shall be confined, appear to the said Committee to be incorrigible by the Discipline of the said Penitentiary, such Convict having been subjected to Confinement in a dark Cell for Offences committed within the said Penitentiary, in every such Case it shall be lawful for the said Committee to represent the Conduct of such Convict to One of His Majesty's principal Secretaries of State, who may thereupon order such Convict to be removed to any Place appointed for the Reception of Convicts under Sentence of Transportation; and the Convict so removed shall be liable to be confined or transported under his or her original Sentence of Transportation, and to the full Extent of the Term specified in such Sentence, and shall be subject to all the Consequences of such Sentence, in the same Manner as if no Order for his or her being sent to the Penitentiary had ever been made. V. And be it enacted, That if any Convict shall be reported by the Medical Officers of the said Penitentiary to the said Committee to be afflicted with any Disorder which would be likely to be materially benefited by the Removal of such Convict to any of the Vessels in which Convicts are confined under the Act passed in the Fifth Year of His present Majesty's Reign, intituled An Act for the Transportation of Offenders from Great Britain, it shall be lawful to the Committee to represent the State of Health of such Convict to One of His Majesty's principal Secretaries of State, who may thereupon order such Convict to be be removed to any of such Vessels, there to remain for such Time as he would otherwise have been confined in the Penitentiary, or until he shall be removed back to the Penitentiary by a similar Order, to be therein confined under the original Order for his Confinement therein, or shall receive his Majesty's most gracious Pardon. VI. And Whereas by the said recited Act it is enacted, that the Committee of the said Penitentiary shall at the Beginning ' of every Session make a faithful Report to the King in Council, and to both Houses of Parliament, specifying the State of the 'Buildings, the Behaviour and Conduct of the respective Officers, 'the Treatment and Condition of the Convicts, the Amount of 'their Earnings, and the Expences of such Penitentiary: And 'Whereas the said Provision, so far as regards the Period of 'making the said Report, requires Amendment, to enable the said 'Committee to lay such Accounts at all Times before Parliament up to the End of the preceding Year;' Be it therefore enacted, Period of laying That after the passing of this Act the said Committee shall make the Returns besuch Report as aforesaid on or before the Fifteenth Day of fore ParliaMarch in each Year, up to the End of the Year then last past, if ment. Parliament shall be then sitting, and if not, then within Fifteen Days after the Meeting of Parliament at any subsequent Period of the Year. · VII. And Whereas by the said recited Act it is provided, 'that the Governor of the said Penitentiary shall keep a regular 'Book or Books in which shall be entered the Names of all the 'Persons who shall be in his Custody, together with various Par'ticulars specifically mentioned in the said Act, from which Books, 'Returns of the Particulars so mentioned are by the said Act ' ordered to be made on the First Day of every Term to His 'Majesty's Court of King's Bench, and to be verified on the 'Oath of the Person making the same: And Whereas it is ex'pedient to simplify the Form of such Returns; Be it therefore enacted, That from and after the passing of this Act the Returns Form of Refrom the said Penitentiary to be made and verified to His Ma- turns. jesty's Court of King's Bench on the First Day of every Term, shall be deemed sufficient, provided they contain the following Particulars, (that is to say) the Number of Convicts who shall actually be in the said Penitentiary, the Number of those who shall have been received or discharged since the Return then last preceding, the Number of those who shall have died in such Custody or shall have escaped therefrom since such last Return, and also a Statement of the general Health of the Convicts in the said Penitentiary. VIII. And Whereas it is expedient to make Provision for the 'due Management of the said Penitentiary during the Absence 'or Sickness of the Governor, or during the Vacancy of that Office;' Be it therefore enacted, That in case of the Absence or Sickness of the Governor of the said Penitentiary, or in case of the Vacancy of that Office, or in case of any Event whatsoever which may prevent the Governor from personally discharging the Duties of his Office, it shall be lawful for the Committee of the said Penitentiary from time to time, by a written Order for that Purpose, to delegate and intrust to any One or P 3 more The Committee may appoint a Deputy during the Absence of the Governor. Irish Act, 17 & 18 Car. 2. c. 7. 33 G.3. c.56. more Person or Persons the Whole or any Part of the Duties or Powers belonging to the Office of Governor, as to the said Committee shall seem meet; and such Person or Persons shall be as fully competent to discharge and exercise the Powers and Duties so delegated and intrusted to him or them, and shall be as fully responsible for the proper Discharge and Exercise thereof, as the Governor of the said Penitentiary now is or hereafter shall be by virtue of any Act or Acts relating to the said Penitentiary; and all the Officers, Servants, and Convicts in the said Penitentiary shall be bound to obey the Person or Persons so exercising, under the Order of the said Committee, any of the Powers of the Governor, and shall be subject to the same Punishment and Consequences for Disobedience as if the Person disobeyed was actually the Governor of the said Penitentiary. CA P. XXXIV. An Act to amend the Acts relating to the Provision of Ministers in Cities and Corporate Towns in Ireland. 6 [21st June 1827.] WHEREAS an den in the Seventeenth and Eighteenth HEREAS by an Act made in the Parliament of Ireland in Years of the Reign of King Charles the Second, among other Things for Provision of Ministers in Cities and Corporate Towns 'in Ireland, it is enacted, that it shall be lawful for the Lord 'Lieutenant or other Chief Governor or Governors, and Six or more of His Majesty's Privy Council in Ireland, to allot, ascer'tain, set forth, and charge certain Sums of Money to be paid to the several Incumbents within the City and Suburbs of Dublin, and Liberties thereunto adjoining, and other Cities and Towns Corporate in Ireland, who have actual Cure of Souls in each Parish respectively, out of the Houses belonging to such Parish respectively, according to the yearly Value of each House, to be allotted and charged on the Inhabitants in Manner in the said Act mentioned; and that the Sum so allotted and charged shall be received by the Churchwardens of each Parish respectively, and by them paid to the several and respective Incumbents; and in case of Refusal or Delay of Payment, such Churchwardens are by the said Act empowered to levy such Sums by Distress and Sale; and on Failure of their Duties therein, such Churchwardens are punishable as in the said Act is provided: And Whereas by an Act made in the Parliament of Ireland in the Thirty third Year of the Reign of King George the Third, intituled An Act respecting the Collection of Public "Money to be levied in the County of the City of Dublin by Presentment, the Churchwardens in the respective Parishes in the County of the said City are required to return to the Treasurer of the Public Money an exact Account of the gross Sum of 'Ministers Money payable by the Inhabitants of each and every such Parish: And Whereas the Performance of the Duties required by the said Acts by the Churchwardens of Parishes is in many respects grievous to such Churchwardens;' Be it therefore enacted by the King's most Excellent Majesty, by |