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CA P. XXXVII.

10 & 11 Viet. c. 82.

11 & 12 Vict. c. 59.

An Act for the further Extension of Summary Jurisdiction
in Cases of Larceny.
[29th July 1850.]
WHEREAS by an Act passed in the Eleventh Year of the

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Reign of Her Majesty, intituled An Act for the more speedy Trial and Punishment of Juvenile Offenders, it is ' enacted, that every Person who should subsequently to the passing of that Act be charged with having committed or having attempted to commit, or with having been an Aider, Abettor, 'Counsellor, or Procurer in the Commission of any Offence which then was or thereafter should or might be by Law deemed or ' declared to be Simple Larceny, or punishable as Simple Larceny, and whose Age at the Period of the Commission or attempted 'Commission of such Offence should not, in the Opinion of the 'Justices before whom he or she should be brought or appear as therein-after mentioned, exceed the Age of Fourteen Years, should, upon Conviction thereof upon his own Confession or upon Proof before any Two or more Justices of the Peace for any County, Riding, Division, Borough, Liberty, or Place, in Petty Sessions assembled at the usual Place and in open Court, be punished as therein mentioned: And whereas by an Act passed in the Twelfth Year of the Reign of Her Majesty, intituled 'An Act for the more speedy Trial and Punishment of Juvenile Offenders in Ireland, it is enacted that every Person who should subsequently to the passing of that Act be charged with having 'committed or having attempted to commit, or with having been an Aider, Abettor, Counsellor, or Procuror in the Commission of any Offence in Ireland which then was or thereafter should or might be by Law deemed or declared to be Simple Larceny or punishable as Simple Larceny, and whose Age at the Period of the Commission or attempted Commission of such Offence 'should not, in the Opinion of the Justices before whom he or 'she should be brought or appear as therein-after mentioned, 'exceed the Age of Fourteen Years, should, upon Conviction 'thereof upon his own Confession or upon Proof before any Two or more Justices of the Peace for any County, Riding, Division, Borough, Liberty, or Place, in Petty Sessions assembled at the 'usual Place and in open Court, be punished as therein mentioned: And whereas the Expense and Delay sustained in the 'Prosecution of Persons guilty of petty Thefts tend to the Increase ' of such Offences; and it is expedient that the Provisions of the 'said Acts should be extended as herein-after provided: Be it enacted therefore 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 Recited Acts by the Authority of the same, That the said recited Acts, and the extended to all Jurisdiction thereby given, and all the Provisions therein conCases in which tained, shall extend and be applicable to all Cases in which any the Age of the Person shall subsequently to the passing of this Act be charged Person charged with any such Offence as in the said Acts mentioned, and the Age does not exceed Sixteen Years. of the Person so charged at the Period of the Commission or attempted Commission of the Offence shall not, in the Opinion of

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the Justices before whom he or she shall be brought or appear as therein mentioned, exceed the Age of Sixteen Years; and that the Provisions of the said recited Acts for Summons, Warrant to summon and apprehend, and all other the Provisions applicable to the Cases where any Person whose Age is alleged not to exceed Fourteen Years shall be charged with any such Offence as in the said Acts mentioned, shall extend and be applicable to all Cases in which any Person whose Age shall not exceed Sixteen Years shall be charged with any such Offence as aforesaid: Provided Offenders above always, that nothing herein contained shall authorize or empower 14 Years old not any Justice or Justices to order the Punishment of Whipping to be to be whipped. inflicted upon any Offender whose Age shall exceed the Age of Fourteen Years.

II. And be it enacted, That One of the Justices before whom any Person shall be charged and proceeded against under this Act or the herein-before mentioned Acts, before such Person shall be asked whether he or she has any Cause to show why he or she should not be convicted, shall say to the Person so charged these Words, or Words to the like Effect: "We shall have to hear "what you wish to say in answer to the Charge against you; but "if you wish the Charge to be tried by a Jury, you must object "now to our deciding upon it at once;" and if such Person, or a Parent of such Person, shall then object, the Justices shall proceed with the Charge as if the said Acts had not been passed.

Justice to ask

whether Accused wishes the Charge to

be tried by a Jury.

III. And be it enacted, That nothing in this Act contained shall Act not to exextend to Scotland.

tend to Scotland.

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An Act to render valid certain Marriages solemnized in the new Church at Upton cum Chalvey in the County of Buckingham and Diocese of Oxford. [29th July 1850.]

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W

HEREAS a new Church intended as and for the Parish Church of the Parish of Upton cum Chalvey in the County of Buckingham and Diocese of Oxford was erected and 'built some Time in or about the Year One thousand eight hun'dred and thirty-seven, and was duly consecrated for the Per'formance of the Divine Service therein: And whereas before 'the Period at which the said new Church was legally constituted 'the Parish Church divers Marriages have been solemnized in 'the said new Church by the Vicar or officiating Minister for 'the Time being of the Parish of Upton cum Chalvey, and by other Clergymen, under the erroneous Opinion that according to the Terms of the Sentence of Consecration of the said new Church or otherwise Marriages might be lawfully solemnized therein, and Entries of the several Marriages so solemnized as 'aforesaid have been from Time to Time made in the Register 'Book of the said Parish, in compliance with the Provisions of the 'Act of Parliament respecting the Registry of Marriages: And 'whereas Doubts are entertained whether such Marriages so as 'aforesaid solemnized in such Church before the same was legally 'constituted the Parish Church are strictly legal, and it is expe'dient to remove such Doubts:' Be it therefore enacted by the

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Queen's

All Marriages already solem

nized in the

new Church of Upton cum

Chalvey declared to be valid.

Ministers not

to be liable to Penalties.

Registers of Marriages so solemnized to be Evidence.

1 & 2 Vict. c. 82.

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 all Marriages so as aforesaid solemnized in the said new Church of Upton cum Chalvey shall be as good and valid in the Law to all Intents and Purposes whatsoever as if the same had been solemnized in the Parish Church of Upton cum Chalvey

aforesaid.

II. And be it enacted, That the Minister or Ministers who solemnized such Marriages respectively as aforesaid shall not be liable to any Ecclesiastical Censures, or to any other Proceedings or Penalties whatsoever, by reason of his or their having so as aforesaid solemnized the same respectively.

III. And be it enacted, That the Registers of the Marriages so solemnized as aforesaid, or Copies of such Registers, shall be received in all Courts of Law and Equity as Evidence of such Marriages respectively, in the same Manner as the same would have been receivable in Evidence in case the said Marriages respectively had been solemnized in the Parish Church of Upton cum Chalvey aforesaid.

CA P. XXXIX.

An Act for the better Government of Convict Prisons.

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[29th July 1850.] WHEREAS under the Provisions of an Act passed in the Second Year of Her Majesty, intituled An Act for esta blishing a Prison for young Offenders, Visitors of Parkhurst Prison, with such Duties and Powers as therein mentioned, are appointed by Her Majesty with the Advice of Her Privy Council: And whereas under the Provisions of an Act passed in 5&6 Vict. c.29. the Fifth Year of Her Majesty, intituled An Act for establishing a Prison at Pentonville, Commissioners for governing the said Prison at Pentonville are appointed by Her Majesty with the 'Advice of the Privy Council, and such Commissioners are incor'porated by the Name of "The Commissioners for the Govern'ment of Pentonville Prison," with such Powers and Duties as therein mentioned: And whereas by an Act passed in the 6 & 7 Vict. c. 26. Seventh Year of Her Majesty, intituled An Act for regulating 'the Prison at Millbank, it was enacted, that such of the Inspec⚫ 'tors of Prisons as should be appointed for that Purpose by One ' of Her Majesty's Principal Secretaries of State should have the < same Duties and Powers with respect to the said Prison which the Visiting Justice of any other Prison had with respect to their Prison; and the said Inspectors were incorporated by the Name of "The Inspectors of the Millbank Prison :" And whereas under an Act passed in the Twelfth Year of Her Majesty, intituled An Act for amending the Act for regulating the Prison at Millbank, One of Her Majesty's Principal Secretaries of State was authorized to appoint Visitors of the the said • Prison; and all the Powers, Duties, and Functions vested in and to be performed by "The Inspectors of the Millbank Prison" under the said Act of the Seventh Year of Her Majesty 'were transferred to such Visitors, who were incorporated by the Style

11 & 12 Vict. c. 104.

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c. 26.

Style of "The Visitors of the Millbank Prison :" And whereas by an Act passed in the Fifth Year of King George the Fourth, 'intituled An Act for the Transportation of Offenders from 5 G. 4. c. 84. 'Great Britain, Provision was made for the Appointment by His Majesty of a Superintendent of the Places to be appointed 'under such Act in the River Thames or some other River, or ' within the Limits of some Port or Harbour of England or 'Wales, for the Confinement of Male Offenders under Sentence or Order of Transportation, and also for the Appointment of 6 an Assistant or Deputy to such Superintendent at One or more of the said Places of Confinement, and to be constantly resident ' at or near the Place or Places to which he should be appointed, and also of an Overseer of each such Place of Confinement: And whereas by an Act passed in the Tenth Year of Her Ma'jesty, intituled An Act for abolishing the Office of Superin- 9 & 10 Vict. tendent of Convicts under Sentence of Transportation, it was ' enacted, that upon the next Vacancy in the Office of Superin'tendent of Convicts in England under Sentence or Order of Transportation so much of the said Act of the Fifth Year of 'King George the Fourth as provides for the Appointment of such Superintendent by Her Majesty, or any Overseer, or any Assistant or Deputy to such Superintendent, should be repealed, and that all Male Offenders in England under Sentence or Order of Transportation should be thenceforth in the Custody and Management of such Person or Persons as should 'be for that Purpose appointed by One of Her Majesty's Prin'cipal Secretaries of State, and the Provisions of the said Act of 'the Fifth Year of King George the Fourth, not altered by the 'Act now in recital, with respect to the Superintendent and Overseer having Custody of any Offenders under the said Act, should apply to the Persons severally having the Custody and Manage'ment of such Offenders under the Act now in recital: And whereas it is expedient that all the Powers which by the said ' recited Acts are vested in the Visitors of Parkhurst Prison, the Commissioners for the Government of Pentonville Prison, and 'the Visitors of the Millbank Prison, respectively, and such Powers heretofore vested in the said Superintendent of Convicts as by the said Act of the Tenth Year of Her Majesty were 'transferred to the Persons having the Custody and Manage'ment of Male Offenders in England under Sentence or Order of Transportation under that Act, should be vested in Directors to be appointed as herein-after mentioned: 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 it shall be lawful for One of Her Majesty's Prin- Power to Secrecipal Secretaries of State to appoint not less than Three fit tary of State to Persons to be Directors of all the said Prisons of Parkhurst, appoint Direc Pentonville, and Millbank, and of the Places for the Confinement hurst, Pentonof Male Offenders in England under Sentence or Order of Trans- ville, and Mill, portation, and to appoint One of such Persons to be the Chair- bank Prisons, man of such Directors, and from Time to Time to remove any of and of all Places for Confinesuch Persons so to be appointed, and to appoint another or others ment of Male. in his or their Stead; and the Persons so appointed, or any Two Offenders in

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tors of Park

of England under

Sentence of of them, shall, during their Appointment, have and perform all Transportation. the Powers and Duties which under the said recited Acts are vested in or to be performed by the Visitors of Parkhurst Prison, the Commissioners for the Government of Pentonville Prison, and the Visitors of the Millbank Prison, respectively, with respect to such respective Prisons, and shall also have and perform all such of the Powers and Duties heretofore vested in and to be performed by the said Superintendent of Convicts as by the said Act of the Tenth Year of Her Majesty were transferred to the Person or Persons having the Custody and Management of such Offenders as aforesaid under that Act; and all Powers and Duties which under the said recited Acts might be exercised and performed by One of the Visitors of Parkhurst or the Millbank Prisons respectively, or by One of the Commissioners for the Government of Pentonville Prison, may be exercised and performed by One of the Directors to be appointed under this Act; and all or any of the Powers and Duties of the said Superintendent of Convicts hereby transferred to such Directors may be exercised and performed by any One of such Directors; and all the Provisions of the said recited Acts in relation to the Visitors of Parkhurst Prison, the Commissioners for the Government of Pentonville Prison, and the Visitors of the Millbank Prison, shall be applicable to the Directors to be appointed under this Act; and all the Provisions of the said Act of the Fifth Year of King George the Fourth with respect to the said Superintendent of Convicts, so far as the same have relation to the Powers and Duties of such Superintendent intended to be by this Act transferred to such Directors shall from and after the Appointment of such Directors be applicable to such Directors, and under this Act be exercised and performed by any One of such Directors.

Directors incorporated as "The Direc

II. And be it enacted, That the said Directors to be appointed under this Act, and their Successors, shall be a Body Corporate, by the Name of "The Directors of Convict Prisons," and by that tors of Convict Name shall have perpetual Succession and a Common Seal, and may sue and be sued in all Courts and before all Justices and others.

Prisons."

&c. to cease.

After Appoint- III. And be it enacted, That from and immediately after the ment of Direc- first Appointment of Directors under this Act the Powers and tors, Powers of Duties of the Visitors appointed under the first-recited Act, of the present Visitors, Commissioners for the Government of Pentonville Prison, of the Visitors of the Millbank Prison, and such of the Powers and Duties of the said Superintendent of Convicts as by the said Act of the Tenth Year of Her Majesty were transferred to the Person or Persons having the Custody and Management of Male Offenders in England under Sentence or Order of Transportation under that Act, shall cease and determine.

Provisions of the Pentonville Prison Act as to Introduction of Spirits, Tobac

IV. And whereas in and by the Act secondly above recited, passed in the Fifth Year of the Reign of Her Majesty, intituled An Act for establishing a Prison at Pentonville, it was amongst other things enacted, "that every Officer or Servant of the "Pentonville Prison who should bring or carry out, or endeaco, &c. extend-"vour to bring or carry out, or knowingly allow to be brought "or carried out, to or for any such Convict, any Money, Clothing, Provisions, Tobacco, Letters, Papers, or other Arti

ed to all Pri

sons, &c. men

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