The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

or place in Ireland, assembled at vestry, shall elect officers of health for such parish, in form and manner, and subject to the same regulations, and with the like powers, duties, and liabilities, as by the said last-recited Act provided in the case of cities and large towns; and in default of such election it shall be lawful for the Justices of the Peace assembled at the quarter sessions, or any adjournment thereof, for the county, city, or town within which such parish shall be situate, and the said Justices are hereby authorized and required to make such appointment in form and manner as they are required to do by the said last-recited Act in case of the inhabitants of parishes in cities and large towns making a similar default.

IX. That it shall and may be lawful for the Lord Lieutenant or other chief governor or governors of Ireland, at any period of the year, to direct and require the immediate election of officers of health in any city, town, parish, or place, and officers of health shall be duly elected pursuant to the tenor of such order, anything in the said Act, 59 Geo. 3. c. 41, limiting the period for such election, notwithstanding: Provided always, that such officers of health, whensoever elected, shall continue in office only until the 25th March next ensuing their election, and until new officers of health shall be elected for the same city, town, parish, or place, pursuant to the provisions of the said recited Act and this Act.

x. That where any officer or officers of health elected or appointed under the provisions of the said recited Act, 59 Geo. 3. c. 41, or under this Act, shall decline or refuse to act, or be or become incapable of acting, it shall and may be lawful for the Lord Lieutenant or other chief governor or governors of Ireland to appoint in his or their room or stead such other person or persons as such Lord Lieutenant or other chief governor or governors of Ireland shall think proper; and the person or persons so appointed shall be deemed and considered in all respects an officer or officers of health as if duly elected under the said recited Act, 59 Geo. 3. c. 41.

XI. Provided always, That nothing in this Act contained shall be deemed or construed to abridge, annul, or in anywise interfere with any powers, rights, duties, obligations, liabilities, or authorities by the said Act, 59 Geo. 3. c. 41, conferred or imposed upon any vestry in Ireland, where such vestry shall resolve to exercise any such rights, powers, or authorities, but the same shall remain and continue in full force and effect, as well with respect to parochial assessments as in other respects, as fully to all intents and purposes as if this Act had not passed.

XII. Provided always, That this Act shall continue and be in force from the passing thereof for two years, and to the end of the then next Session of Parliament, and no longer.

XIII. That this Act may be altered, amended, or repealed by any Act or Acts to be passed in the present Session of Parliament.

CAP. X.

AN ACT for the Prevention, as far as may be possible, of the Disease called the Cholera, or Spasmodic or Indian Cholera, in England.

(20th February 1832.)

ABSTRACT OF THE ENACTMENTS.

1. Lord President of Council, &c. empowered to issue orders at any time to prevent the spreading of Cholera in England.

2. Orders to be certified by a clerk of the Privy Council, and received as evidence.

3. Penalty for violation of orders.

4. Recovery of penalties.

5. Proceedings in case of information, &c.

6. Justices to levy penalties.

7. Application of penalties.

8. One Justice empowered to order payment of monies for purposes of this Act.

9. One person in Privy Council Office to send letters and packets from London free from duty, during such time only as this Act shall continue in operation.

10. Orders of Council to be laid before Parliament.

11. Continuance of Act.

12. Act may be altered this Session.

By this ACT,

After noticing that it has pleased Almighty God to visit the United Kingdom with the disease called the Cholera, or Spasmodic or Indian Cholera: and that, with a view to prevent, as far as may be possible, by the divine blessing, the spreading of the said disease, it may be necessary that rules and regulations should from time to time be established within cities, towns, or districts affected with or which may be threatened by the said disease; but it may be impossible to establish such rules and regulations by the authority of Parliament with sufficient promptitude to meet the exigency of any such case as it may occur:It is Enacted,

being shall always be one), by any order or orders to be by them from time to time made, to establish, and again from time to time, by any such order or orders, to revoke, renew, alter, and vary all such rules and regulations, or to substitute any such new rules and regulations as to them may appear necessary or expedient for the prevention, as far as may be possible, of the spreading of the said disease called the Cholera, or Spasmodic or Indian Cholera, in England and Wales or any part thereof, or for the relief of anyipersons suffering under or likely to be affected by the said disease, and for the safe and speedy interment of any person or persons who may die of the said disease.

11. That every such order as aforesaid shall be certified under the hand of one of the Clerks in Ordinary of His Majesty's Privy Council; and that the publication of any such order in the London Gazette shall, for all intents and purposes, be taken, admitted, and received in all courts, and by and before all Judges, Justices, Magistrates, and others, as good and sufficient evidence of the making and of the date and contents of any such order.

III. That any person who shall or may violate or wilfully and knowingly infringe the provisions of any such order, or who shall or may refuse or wilfully neglect or omit to act in obedience to or in conformity with any such order, or who shall resist, oppose, or obstruct the lawful execution thereof, shall for every such offence be and be deemed guilty of a misdemeanor, and shall also incur and become liable to a penalty not exceeding five pounds nor less than one pound, to be recovered in the manner hereinafter mentioned: Provided always, that no person against whom any such penalty shall be so recovered, or who shall have suffered the imprisonment awarded for non-payment thereof, shall be liable to be indicted or proceeded against in of the same offence as for a misdemeanor. respect

IV. That all such penalties as aforesaid shall be recovered by any person or persons who shall sue for the same before any two Justices of the Peace having jurisdiction within the county, riding, city, or place in which the offence shall have been committed; and that the amount of penalties to be inflicted upon any such offenders shall, within the limits hereinbefore prescribed, be in the discretion of such Justice.

v. That it shall be lawful for any Justice of the Peace, in all cases where any information shall be laid before them, on oath, of any such offence as aforesaid, and they are hereby required, to issue their summons to any person or persons whom they may have reason to suppose capable of giving any material evidence on the hearing of such information, requiring every such person or persons to appear and to give evidence at a time and place to be specified in such summons; and if any person so summoned shall not appear before such Justices at the time and place so specified in the said summons, or shall not offer any reasonable excuse for such default, to the satisfaction of the said Justices, or appearing shall not submit to be examined as a witness, then and in every such case it shall be lawful for the said Justices, and they are hereby authorized, (proof on oath in the case of any person not appearing to such summons having been first made before such Justices of the due service of such summons on such person, by delivering the same to him or her, or by leaving the same at his or her usual place of abode,) by warrant under the hands and seals of such Justices to commit any such person so making default as aforesaid to some gaol, house of correction, or bridewell, within the jurisdiction of the said Justices, there to remain without bail or mainprize for any time not exceeding fourteen days, or until such person shall submit to be examined and give evidence.

VI. That all Justices of the Peace shall and are hereby empowered, on the conviction of any person before them for any such offence as aforesaid, in default of payment of any such penalty as aforesaid, to cause the same to be levied by distress and sale of the goods and chattels of the offender, by warrant under the hands and seals of such Justices, together with the reasonable costs of such distress and sale; and in case it shall appear to the satisfaction of such Justices, either by the confession of the offender, or by the oath of one or more credible witness or witnesses, that such offender hath not goods and chattels, within the jurisdiction of such Justices, sufficient whereon to levy any such costs and charges, such Justices may, without issuing any warrant of distress, commit such offender to any such gaol, house of correction, or bridewell as aforesaid, for any time not exceeding fourteen days, unless such penalty, costs, and charges be sooner paid, in such manner as if a warrant of distress had been issued, and a return of nulla hona made thereon; in which case also it shall be lawful for such Justices to commit any such offender for such term of fourteen days, or for any shorter period, to any such prison as aforesaid. VII. That all such penalties as aforesaid shall be applied in or towards the relief of the poor of the parish or place in which any offence as aforesaid may have been committed.

VIII. That all and every the expenses which may be reasonably or properly incurred in carrying into effect any order or orders of the Lords of His Majesty's Most Honourable Privy Council so to be made as aforesaid shall, in the first instance, under and by virtue of an order or orders in writing of one Justice of the Peace dwelling in or near the parish or division, and which said order or orders any such Justice is hereby empowered and directed to make from time to time as occasion may require, commanding the churchwardens, overseers, or guardians of the poor for the time being to pay a certain sufficient sum money for such purposes, to be defrayed out of the rates for the relief of the poor of the parish, township, or extra-parochial place maintaining its own poor, in which the same shall be so incurred, and in other extra-parochial places out of the poor's rate of the parish nearest adjoining.

IX. That it shall be lawful for the Lord President for the time being of His Majesty's Most Honourable Privy Council to authorize and direct one person in the Privy Council Office (whose name shall be from time to time transmitted to the Secretaries of the General Post Office in London and Dublin) to send letters and packets by the General Post from London to places within the United Kingdom free from the duty of postage, during such time only as the several clauses and enactments herein contained shall continue and be in operation, and no longer; provided all such letters and packets shall relate solely and exclusively to the execution of this Act, and of the directions, powers, and authorities herein contained, and shall be in covers with the words "On His Majesty's Service, Council Office," printed on the same, and be signed or subscribed on the outside thereof, under such words, with the name of the person so to be authorized as aforesaid, in his own handwriting, and provided all such packets shall be sealed with the seal of the said office; and the person so to be authorized is hereby strictly forbidden VOL. X. STAT.

so to subscribe and seal any letter or packet whatever, except such only concerning which he shall receive the special directions of his superior officer, or which he shall himself know to relate solely and exclusively to the execution of this Act, and the directions, powers, and authorities herein contained; and if such authorized person, or any other person, shall send, or cause or permit to be sent, under any such cover, any letter, paper, or writing, or any inclosure, other than what shall relate to the execution of this Act, and the directions, powers, and authorities herein contained, every person so offending shall forfeit and pay the sum of one hundred pounds, and be dismissed from his office.

x. That every order which may be so made as aforesaid by the Lords of His Majesty's Privy Council, or by any two or more of them, shall be forthwith laid before both Houses of Parliament, if Parliament shall be then sitting, and that such orders as shall be so made when Parliament shall not be sitting shall be laid before both Houses of Parliament within fourteen days next after the commencement of the first session which shall ensue upon the date of any such order.

XI. That this Act shall continue in force until the 31st of December 1832, and from thence until the end of the then next session of Parliament.

XII. That this Act may be altered, amended, or repealed by any Act or Acts to be passed in this present session of Parliament.

CAP. XI.

AN ACT for the Prevention, as far as may be possible, of the Disease called the Cholera, or Spasmodic or Indian Cholera, in Scotland.

ABSTRACT OF THE ENACTMENTS.

(20th February 1832.)

1. Lord President of Council, &c. empowered to issue orders at any time to prevent the spreading of Cholera in Scotland.

2. Orders to be certified by a clerk of the Privy Council, and received as evidence.

3. Penalty for violation of orders.

4. Recovery of penalties.

5. Sheriffs, &c. empowered to determine complaints.

6. Monies for purposes of this Act how to be levied in Burghs and Towns."

7. One person in Privy Council Office to send letters and packets from London free from duty, during such time only as this Act shall continue in operation.

8. Orders of Council to be laid before Purliament.

9. Continuance of Act.

10. Act may be altered this Session.

By this ACT,

1. That it shall and may be lawful for the Lords and others of His Majesty's Most Honourable Privy Council, or any two or more of them (of whom the Lord President of the Council or one of His Majesty's Principal Secretaries of State for the time being shall always be one), by any order or orders to be by them from time to time made, to establish, and again from time to time, by any such order or orders, to revoke, renew, alter, and vary all such rules and regulations as to them may appear necessary or expedient for the prevention, as far as may be possible, of the spreading of the said disease called the Cholera, or Spasmodic or Indian Cholera, within Scotland or any part thereof, or for the relief of any persons suffering under or likely to be affected by the said disease, and for the safe and speedy interment of any person or persons who may die of the said disease; with power also to the said Honourable Privy Council to appoint persons resident in Scotland to superintend and assist in the execution of this Act, and to vest such persons with such powers and authorities for this purpose as to them may seem fit.

III. That any person who shall or may violate or wilfully and knowingly infringe the provisions of any such order, or who sball or may refuse or wilfully neglect or omit to act in obedience to or in conformity with any such order, or shall resist, oppose, or obstruct the lawful execution thereof, shall for every such offence be and be deemed guilty of a crime punishable

by fine and imprisonment, and shall also incur and become liable to a penalty not exceeding five pounds nor less than one pound, to be recovered in the manner hereinafter mentioned: Provided always, that no person against whom any such penalty shall be so recovered shall be liable to be indicted or proceeded against in respect of the same offence as for a crime. IV. That all such penalties as aforesaid shall be recovered by the Procurator Fiscal of Court or any person or persons who shall sue for the same, before any two Justices of the Peace having jurisdiction within the county, city, burgh, or place in which the offence shall have been committed, or before the Sheriff of any such county: and that the amount of the penalties to be inflicted upon any such offenders shall, within the limits hereinbefore prescribed, be, in the discretion of such Justice or Sheriff, applied to the purposes of this Act.

v. That it shall be lawful for the Sheriff or Justices before whom any complaint for the recovery of such penalties may be brought to proceed in a summary way, and to grant warrant for bringing the parties complained upon immediately before them, and on proof on oath by one or more credible witnesses, or other legal evidence, forthwith to determine and give judgment in such complaint, without any written pleadings or record of evidence, and to grant warrant for the recovery of all penalties and expenses decerned for, failing payment within eight days after conviction, by poinding, and imprisonment for a period, at the discretion of the Sheriff or Justices, not exceeding fourteen days.

VI. That all and every the expenses which may be reasonably or properly incurred in carrying into effect any order or orders of the Lords of His Majesty's Most Honourable Privy Council so to be made as aforesaid shall, whenever the occasion of such expense has arisen within any burgh or town having a local establishment of police, be levied and defrayed by a special assessment to be from time to time made for this purpose by authority of the Magistrates of such burgh or town, upon the persons and properties within the same, which are now assessed for purposes of police, and that according to the rules, methods, and proportions hitherto observed in such places in collecting such police assessments; and that wherever the occasion of expense shall arise in any other parish in Scotland, the sum necessary for defraying the same shall be levied by a special assessment to be made from time to time, and to be collected at such periods as the emergency of the case may require, upon the properties and persons within each such parish, in the same manner, and according to the same rules, methods, and proportions, that are now or that may be practised and established within any such parish for the assessment and collection of the sums payable as conversion of the statute labour exigible within any such parish, either by any general or any local statute now in force as to any such parish.

VII. That it shall be lawful for the Lord President for the time being of His Majesty's Most Honourable Privy Council to authorize and direct one person in the Privy Council Office (whose name shall be from time to time transmitted to the Secretaries of the General Post Office in London and Dublin) to send letters and packets by the General Post from London to places within the United Kingdom free from duty of postage, during such time only as the several clauses and enactments herein contained shall continue and be in operation, but no longer; provided all such letters and packets shall relate solely and exclusively to the execution of this Act, and of the directions, powers, and authorities herein contained, and shall be in covers with the words "On His Majesty's Service, Council Office," printed on the same, and be signed or subscribed on the outside thereof, under such words, with the name of the person so to be authorized as aforesaid, in his own handwriting, and provided all such packets shall be sealed with the seal of the said office; and the person so to be authorized is hereby strictly forbidden so to subscribe and seal any letter or packet whatever, except such only concerning which he shall receive the special directions of his superior officer, or which he shall himself know to relate solely and exclusively to the execution of this Act, and the directions, powers, and authorities herein contained; and if such authorized person, or any other person, shall send or cause or permit to be sent, under any such cover, any letter, paper, or writing, or any inclosure, other than what shall relate to the execution of this Act, and the directions, powers, and authorities herein contained, every person so offending shall forfeit and pay the sum of 100l., and be dismissed from his office.

VIII. That every order which may be so made as aforesaid by the Lords and others of His Majesty's Privy Council, or by any two or more of them, shall be forthwith laid before both Houses of Parliament, if Parliament shall be then sitting, and that such orders as shall be so made when Parliament shall not be sitting shall be laid before both Houses of Parliament within fourteen days next after the commencement of the first session which shall ensue upon the date of any such order.

IX. That this Act shall continue in force until the 31st December 1832, and thenceforward until the end of the then next session of Parliament.

x. That this Act may be altered, varied, or repealed by any Act to be passed in this session of Parliament.

CAP. XII.

AN ACT for raising the Sum of Twelve Millions by Exchequer Bills, for the Service of the Year One thousand eight hundred and thirty-two.

By this ACT the Commons Granted, and it is Enacted,

(20th February 1832.)

1. That it shall be lawful for the Commissioners of the Treasury of the United Kingdom, at any time or times to cause or direct any number of Exchequer Bills to be made out for any sum or sums not exceeding in the whole 12,000,000l., in manner prescribed in an Act, 48 Geo. 3. c. 1, intituled, 'An Act for regulating the issuing and paying off of Exchequer Bills.'

11. That all and every the clauses, provisoes, powers, privileges, advantages, penalties, forfeitures, and disabilities contained in the said Act shall be applied and extended to the Exchequer Bills to be made out in pursuance of this Act.

III. That it shall be lawful for the said Commissioners to issue and apply from time to time all such sums as shall be raised by Exchequer Bills to be made out in pursuance of this Act to such services as shall then have been voted by the Commons of the United Kingdom in this present Session of Parliament.

IV. That the principal sum or sums to be contained in such Exchequer Bills shall be and are hereby charged and chargeable upon and shall be paid and discharged by and out of the first Supplies to be granted in the next Session of Parliament.

v. That the Exchequer Bills to be made out in pursuance of this Act shall bear date on the days on which the same shall be respectively issued, and shall and may bear an interest not exceeding the rate of three-pence halfpenny per centum per diem, VI. That all and every the Exchequer Bills to be made forth by virtue of this Act, or so many of them as shall from time to time remain undischarged and uncaucelled, shall and may, from and after the 5th April 1833, be received and taken and shall pass and be current to all and every the receivers and collectors in Great Britain of the Customs, Excise, or any revenue, supply, aid, or tax whatsoever, already granted, due, or payable, or which shall or may hereafter be granted, due, or payable, to His Majesty, his heirs and successors, and also at the receipt of the said Exchequer, and that such of the same bills as shall be received at the said Exchequer shall and may be locked up and secured as cash.

VII. That it shall and may be lawful for the Governor and Company of the Bank of England to lend to His Majesty upon the credit of the Exchequer Bills to be made out in pursuance of this Act, any sum or sums not exceeding in the whole 12,000,000l., anything in an Act 5 & 6 W. & M. c. 20, or in any subsequent Act, to the contrary thereof notwithstanding.

CAP. XIII.-IRELAND.

AN ACT to repeal so much of an Act, passed in the Parliament of Ireland in the Twenty-sixth Year of the Reign of His Majesty King George the Third, as provides for the applotting and levying of Presentments off the Baronies of Saint Sepulchres and Donore in a Manner different from that provided for the other Baronies of the County of Dublin.

(20th February 1832.)

CAP. XIV.

AN ACT to authorize the Payment out of the Consolidated Fund of a Sum of Money towards the Erection of certain Revenue Buildings at Liverpool. (24th March 1832.)

CAP. XV.-G.B. & I.

AN ACT to enable His Majesty's Postmaster General to extend the Accommodation by Post, and to regulate the Privilege of Franking, in Ireland; and for other Purposes relating to the Post Office.

By this ACT,

(24th March 1832.)

After reciting an Act passed in Ireland, 23 & 24 Geo. 3, for establishing a Post Office within that kingdom: And an Act, passed 59 Geo. 3. c. 108, to amend several Acts relating to the Post Office and conveyance of letters in Ireland: And an Act, passed 1 Wil. 4. c. 8, for enabling His Majesty to appoint a Postmaster General for the United Kingdom of Great Britain and Ireland: And that by the laws now in force the Postmaster General for the time being is authorized to settle and establish an office, to be called the Penny Post Office, in any city or town, and the suburbs thereof, and places adjacent, within Great Britain, where such Post shall by the Postmaster General be adjudged necessary and convenient; and it is expedient that such power or authority should be extended to Ireland :

It is Enacted,

1. That after the passing of this Act His Majesty's Postmaster General for the time being, and his Deputy and Deputies, Agent and Agents, by him thereunto sufficiently authorized, may settle and establish an office to be called the Penny Post Office in any city, town, or village, and the suburbs thereof, and places adjacent, within Ireland aforesaid, where such Post

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