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and Keeper

thereof to receive such Persons into Custody.

Provisions of

Court Baron, or by or under any Precept of Execution, Warrant, or Process whatsoever of or from the same, it shall be lawful to commit any such Person or Persons into Custody to, or to order any such Person or Persons to stand committed into Custody to, and to imprison any such Person or Persons in York Castle; and the Keeper for the Time being of York Castle shall be and is hereby required to receive and take into Custody all Persons who shall be committed or ordered to stand committed to York Castle by or from the said Court Baron under or by virtue of this Act. VI. And be it enacted, That every Clause, Matter, and Thing 2&3 Vict.c. 85. contained in an Act passed in the Third Year of the Reign of Her present Majesty, intituled An Act for the more easy and speedy Recovery of Small Debts and Damages within the Honor of Pontefract, Parcel of Her Majesty's Duchy of Lancaster, in the West Riding of the County of York, and for altering the Practice and extending the Jurisdiction of the Court Baron of the said Honor, shall, so far as the same may be applicable thereto, be construed to extend to any Case in which any Person shall be committed or ordered to stand committed into Custody by or from the said Court Baron under or by virtue of this Act, in the same Manner and to the same Extent as if the Provisions of the said Act of the Third Year of the Reign of Her present Majesty had been herein expressly contained and re-enacted.

to extend to Commitments from Court

Baron under this Act.

Act not to

affect Rights of
Her Majesty
in respect of
the Honor.

Act not to

affect 2 & 3 Vict.

c. 85. except as expressly mentioned.

Alteration of
Act.

Public Act.

VII. Provided always, and it is hereby expressly declared and enacted, That nothing in this Act contained shall be construed to restrain, diminish, or in any way affect (except so far as herein is expressly mentioned) any Franchise, Liberty, Right, Power, Pri vilege, or Authority before or at the Time of the passing of this Act held, possessed, or enjoyed by the Queen's most Excellent Majesty or Her Predecessors, or by any of Her Bailiffs or other Officers, over, in, or in respect of the said Honor of Pontefract.

VIII. Provided also, and be it enacted, That nothing in this Act contained shall be construed to repeal, alter, or in any way affect (except so far as herein is expressly mentioned) the said Act of the Third Year of the Reign of Her present Majesty, or any Power given in the said Act of committing from the said Court Baron to any Common Gaol other than Rothwell Gaol, or in any way to affect the Validity of the Commitment, Custody, or Imprisonment of any Person or Persons committed to or in Custody in Rothwell Gaol before the said First Day of February which will be in the Year One thousand eight hundred and forty-six.

IX. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parliament. X. And be it enacted, That this Act shall be and be deemed and taken to be a Public Act, and shall be judicially taken notice of as such by all Judges and others.

САР.

CA P. LXXIII.

An Act to enable the Commissioners of Her Majesty's Woods
and Works to apply certain Monies now in their Hands
towards discharging the Incumbrances affecting the Shrews-
bury and Holyhead Road.
[31st July 1845.]
WHEREAS under and by virtue of divers Acts of Parlia-

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ment certain Sums of Money have from Time to Time 'been granted to the Commissioners or Trustees having the Care and Management of the Road from London to Holyhead, and 'the Bridge across the Menai Straits, and the Harbour of Holyhead, for the Formation, Maintenance, and Repair of the said 'Road, Bridge, and Harbour, or certain Parts thereof respectively, 'but the whole of such Sums have not been required for the Purposes for which the same were respectively granted, and there is now standing in the Bank of England, to the Account of the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, as the Balance of the unap'plied Portions of such Sums, together with the Accumulations of Interest or other Income thereon, and the Balance of the Harbour 'Dues and other Income arising in the said Harbour of Holyhead, 'the Sum of Eleven thousand nine hundred and ten Pounds * Seventeen Shillings and Ten-pence, or thereabouts: And whereas the Tolls arising from the Line of Road from Shrewsbury to * Holyhead are subject to divers Mortgage Charges to the Amount ' of Fifteen thousand two hundred and seventy-seven Pounds, Nine Shillings, or thereabouts, imposed thereon from Time to Time by the Trustees for the Time being in whom the said Line of Road was vested, and such Mortgage Charges bear Interest after the Rate of Five Pounds per Centum per Annum : And ' whereas it is expedient that the said unapplied Balance of Eleven 'thousand nine hundred and ten Pounds Seventeen Shillings and Ten-pence should be made available for the Discharge of some of the said Mortgage Charges herein-before 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 and may be lawful for Balance of the Commissioners of Her Majesty's Woods, Forests, Land Reve- Monies granted nues, Works, and Buildings for the Time being, or any Two of for London and them, to pay or apply all or any Part of the said Sum of Eleven Holyhead Road thousand nine hundred and ten Pounds Seventeen Shillings and to be applied in Ten-pence, such Balance as aforesaid, in Payment and Discharge Mortgage of the said Mortgage Charges herein-before mentioned, or any of Charges upon them, or any Arrears of Interest in respect of the same; and any Shrewsbury and such Mortgage Charges may be paid on such Evidence or on such Holyhead Road. Indemnity as the said Commissioners, or any Two of them, may

think fit.

paying off

II. And be it enacted, That this Act may be amended or Alteration of repealed by any Act to be passed during this present Session of Act.

Parliament.

N n

8 & 9 VICT.

САР.

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An Act to amend an Act of the Seventh Year of King William the Fourth, for preventing the advertising of Foreign and other illegal Lotteries; and to discontinue certain Actions commenced under the Provisions of the said Act.

[31st July 1845.]

WHEREAS by an Act passed in the Seventh Year of the

Reign of His late Majesty King William the Fourth, 6&7 W.4.c.66. intituled An Act to prevent the advertising of Foreign and other illegal Lotteries, it is enacted, that if any Person shall print er publish, or cause to be printed or published, any Advertisement or other Notice of or relating to the Drawing or intended Drawing of any Foreign Lottery, or of any Lottery or Lotteries not authorized by some Act or Acts of Parliament, or if any Person shall * print or publish, or cause to be printed or published, any Advertisement or other Notice of or for the Sale of any Ticket or Tickets, Chance or Chances, or of any Share or Shares of any • Ticket or Tickets, Chance or Chances, of or in any such Lottery or Lotteries as aforesaid, or any Advertisement or Notice con'cerning or in any Manner relating to any such Lottery or Lotteries. or any Ticket, Chance, or Share, Tickets, Chances, or Shares thereof or therein, every Person so offending shall for every such Offence forfeit the Sum of Fifty Pounds, to be recovered, with ⚫ full Costs of Suit, by Action of Debt, Bill, Plaint, or Information in any of His Majesty's Courts of Record in Westminster or 'Dublin respectively, or in the Court of Session in Scotland, one Moiety thereof to the Use of His Majesty, His Heirs and Successors, and the other Moiety thereof to the Use of the Person who shall inform or sue for the same: And whereas the Printers, Publishers, and Proprietors of divers Newspapers have inadvertently printed and published some Advertisements or Notices of or relating to the Matters in the said Act mentioned, or some ' of them, and many Actions, Suits, Informations, and Prosecutions have been brought and commenced against such Printers, Pub'lishers, and Proprietors, or some of them, by Persons who sue, inform, and prosecute, as well on their own Behalf as on behalf of Her Majesty, to recover various Penalties incurred or alleged to have been incurred under the Provisions of the said Act: and it is expedient that all further Proceedings in such Actions. Suits, Informations, and Prosecutions should be prevented, and such other Provision made in relation thereto and otherwise as is 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 immediately from and after the passing of this Act it shall be lawful for any Person or Persons against whom any original Writ, Suit, Action, Bill, Plaint, or Information shall have been sued out, commenced, or prosecuted, on or before the Day of the passing of this Act, for the Recovery of any pecuniary Penalty or Penalties incurred under the said Act, except in the Cases herein-after provided, to apply to the Court in which such original Writ, Suit, Action, Bill, Plaint, or Information shall have been sued out,

Persons sued

before the pass ing of this Act for Penalties incurred under

the recited Act may apply to the Court or a Judge to stay Proceedings on certain Conditions.

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commenced,

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commenced, or prosecuted, if such Court shall be sitting, or, if such Court shall not be sitting, to any Judge of either of the Superior Courts at Westminster or Dublin respectively, or to any Judge of the Court of Session in Scotland, (as the Case may have arisen in England, Ireland, or Scotland respectively,) for an Order that such Writ, Suit, Action, Bill, Plaint, or Information shall be discontinued, upon Payment of the Costs incurred to the Time of such Application being made, such Costs to be taxed according to the Practice of such Courts respectively; and every such Court aforesaid is hereby authorized and required, upon such Application, and Proof that sufficient Notice has been given to the Plaintiff or Plaintiffs, or to his or their Attorney, of the Application, to make such Order as aforesaid; and upon the making of such Order, and Payment or Tender of such Costs as aforesaid, such Writ, Suit, Action, Bill, Plaint, or Information shall be forthwith discontinued.

to Actions in which Judg

ment has been obtained, &c.

Penalties incur red under said Act to go to

Her Majesty.

II. Provided always, and be it enacted, That nothing herein Not to extend contained shall extend or be construed to extend to any Action, Suit, Bill, Plaint, or Information in which any Judgment or Conviction shall have passed on or before the Day of the passing of this Act, or to any Action, Suit, Bill, Plaint, or Information which shall have been or shall be commenced, prosecuted, entered, or filed by or in the Name of Her Majesty's Attorney General or Solicitor General in that Part of Great Britain called England, or Her Majesty's Attorney or Solicitor General for Ireland, or Her Majesty's Advocate for Scotland, for or on behalf of Her said Majesty. III. And be it enacted, That from and after the passing of this Aet all Fines, Penalties, and Forfeitures imposed by or incurred or which may be incurred under the said recited Act shall go and be applied to the Use of Her Majesty, Her Heirs and Successors. IV. Provided always, and be it enacted, That from and after the Fines, &c. may passing of this Act every such Fine, Penalty, or Forfeiture may be sued for in be sued or prosecuted for, in the Name of Her Majesty's Attorney the Name of General or Solicitor General in England or Ireland, or of Her the Attorney Majesty's Advocate General or Solicitor General in Scotland, or General in of the Solicitor of Stamps and Taxes in England or Scotland, or of the Solicitor of Stamps in Ireland, or of any Person to be authorized to sue or prosecute for the same by Writing under the Hands of the Commissioners of Stamps and Taxes, or in the Name of any Officer of Stamp Duties, by Action of Debt, Bill, Plaint, or Information in the Court of Exchequer at Westminster in respect of any Fine, Penalty, or Forfeiture incurred in England, and in the Court of Exchequer in Dublin in respect of any Fine, Penalty, or Forfeiture incurred in Ireland, and in the Court of Exchequer in Scotland in respect of any Fine, Penalty, or Forfeiture incurred in Scotland; and, except as is herein-before provided, it shall not be lawful for any Person other than as aforesaid to inform, sue, or prosecute for any such Fine, Penalty, or Forfeiture as aforesaid: Provided always, that in no such Proceeding as aforesaid shall any Essoign, Protection, Wager at Law, nor more than One Imparlance, be allowed.

or Solicitor

England or
Ireland, or Her
Majesty's Ad

vocate for Scot-
land, &c.

V. And be it enacted, That this Act may be amended or repealed Alteration of by any Act to be passed in this present Session of Parliament.

Act.

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6 & 7 Vict. c. 96.

CA P. LXXV.

An Act to amend an Act passed in the Session of Parliament held in the Sixth and Seventh Years of the Reign of Her present Majesty, intituled An Act to amend the Law respecting defamatory Words and Libel.

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[31st July 1845.]

WHEREAS by an Act passed in the Session of Parliament

held in the Sixth and Seventh Years of the Reign of 'Her present Majesty, intituled An Act to amend the Law respecting defamatory Words and Libel, it is, amongst other things, ' enacted and provided, that the Defendant in an Action for a Libel contained in any public Newspaper or other periodical Publication may plead certain Matters therein mentioned, and may upon filing such Plea be at liberty to pay into Court a Sum ' of Money by way of Amends for the Injury sustained by the • Publication of such Libel; and it is thereby further enacted, 'that such Payment into Court shall be of the same Effect, and be available in the same Manner and to the same Extent, and be subject to the same Rules and Regulations as to Payment of Costs and the Form of Pleading, except so far as regards the pleading of the additional Facts therein-before required to be pleaded by such Defendant, as if Actions for Libel had not been excepted from the personal Actions in which it is lawful to pay 'Money into Court, under an Act passed in the Session of Parliament held in the Fourth Year of His late Majesty, intituled 9&4 W.4.c.42. An Act for the further Amendment of the Law, and the better 'Advancement of Justice: And whereas the said Aet of the

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Fourth Year of the Reign of His late Majesty relates only to 'Proceedings in the Superior Courts in England, but by an Act passed in the Session of Parliament held in the Third and 3 & 4 Vict.c.105. Fourth Years of the Reign of Her present Majesty, intituled As "Act for abolishing Arrest on Mesne Process in Civil Actions,

In Cases of

Action for Libel in Ireland, where Defen

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except in certain Cases, for extending the Remedies of Creditors against the Property of Debtors, and for the further Advance'ment of Justice, in Ireland, a like Provision is made for Payment of Money into Court in all personal Actions pending in any of the Superior Courts in Ireland as is contained in the said Act of the Fourth Year of the Reign of His late Majesty in regard 'to Actions pending in the Superior Courts in England, with a like Exception of Actions for Libel; and it is expedient to prevent any Doubts as to the Application of the said recited Act of the Sixth and Seventh Years of the Reign of Her present Majesty to Actions pending in the Superior Courts in Ireland, ' which may be created by reason of the Omission of a Reference in the last-mentioned Act to the said Act of the Third and Fourth Years of the Reign of Her present Majesty:' Be it therefore enacted and declared 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 when in any Action pending in the Superior Courts in Ireland for a Libel contained in any public Newspaper or other periodical Publication the

Defendant

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