intent to rob shall be guilty of felony, and be- Offences committed within the Admiralty ing convicted thereof shall (save and except Jurisdiction. That where any felony punishin the cases where a greater punishment is pro-able under this act shall be committed within vided by this act) be liable to be imprisoned for any term not exceeding three years. (s. 6.) Punishment for attempting to obtain property by Menace. That whosoever shall, with menaces or by force, demand any property of any person with intent to steal the same, shall be guilty of felony, and being convicted thereof shall be liable to be imprisoned for any term not exceeding three years. (s. 7.)

person, or unlawfully do any act by which the life of such person may be endangered, shall be guilty of felony, and being convicted thereof shall suffer death as a felon. (s. 2.)

* Persons guilty of Piracy to be transported.— That from and after the commencement of this act whosoever shall be convicted of any offence which by any of the acts herein-before referred to amounts to the crime of piracy, and is thereby made punishable with death, shall be liable, at the discretion of the Court, to be transported beyond the seas for the term of the natural life of such offender, or for any term not less than fifteen years, or to be imprisoned for any term not exceeding three years. (s. 3.)

Punishment of Accessaries.-That in the case of every felony punishable under this act every principal in the second degree and every accessary before the fact shall be punishable

No. XVIII.

BURNING OR DESTROYING BUILDINGS AND
SHIPS.

1 Vict. c. 89.

This act passed on the 17th July, and is intituled "An Act to amend the Laws relating to burning or destroying Buildings and Ships." It will come into operation the 1st October. It recites that it is expedient to amend so much of 7 & 8 G. 4, c. 30, intituled "An Act for consolidating and amending the Laws in England relative to malicious Injuries to Property," and also so much of 9 G. 4, c. 56, intituled "An Act for consolidating and amending the Laws in Ireland relative to malicious Injuries with death or otherwise in the same manner as the principal in the first degree is by this act to Property," as relates to any person who punishable; and every accessary after the fact shall unlawfully and maliciously set fire to any to any felony punishable under this act shall, of the buildings or erections therein respecon conviction, be liable to be imprisoned for any term not exceeding two years. (s. 4.) tively mentioned; and so much of the same Offences punishable by Imprisonment.-That acts as relates to any person who shall unlawwhere any person shall be convicted of any offence punishable under this act for which imprisonment may be awarded, it shall be lawful for the Court to sentence the offender to be imprisoned, or imprisoned and kept to hard labour, in the common gaol or house of correction, and also to direct that the offender shall be kept in solitary confinement for any portion or portions of such imprisonment, or of such imprisonment with hard labour, not exceeding one month at any one time, and not exceeding three months in any one year, as to the Court in its discretion shall seem' meet.

(s. 5.)

Not to effect Powers of 5 & 6 W. 4, c. 38, and 4 G. 4, c. 64.-That nothing in this act contained shall be construed to extend to the alteration or repeal of any of the powers, provisions, or regulations contained in 5 & 6 W. 4, c. 38, intituled "An Act for effecting greater Uniformity of Practice in the Government of the several Prisons in England and Wales, and for appointing Inspectors of Prisons in Great Britain," or in 4 G. 4, c. 64, intituled An Act for consolidating and amending the Laws relating to the building, repairing, and regulating of certain Goals and Houses of Correction in England and Wales." (s. 6.)

Commencement of Act.-That this act shall commence and take effect on the first day of October one thousand eight hundred and thirtyseven. (s. 7.)

The act received the Royal Assent on the 17th July last.

fully and maliciously set fire to any mine of coal or cannel coal; and so much of the same acts as relates to any person who shall unlawfully and maliciously set fire to or in anywise destroy any ship or vessel, whether the same be complete or in an unfinished state, or who shall unlawfully and maliciously set fire to, cast away, or in anywise destroy any ship or vessel, with intent thereby to prejudice any owner or part owner of such ship or vessel, or of any goods on board the same, or any person that hath underwritten or shall underwrite any policy of insurance upon such ship or vessel, or on the freight thereof, or upon any goods on board the same; and so much of the same acts as relates to any person who shall exhibit any false light or signal with intent to bring any ship or vessel into danger, or who shall unlawfully and maliciously do anything tending to the immediate loss or destruction of any ship or vessel in distress, or destroy any part of any ship or vessel which shall be in distress, or wrecked, stranded, or cast on shore, or any goods, merchandize, or articles of any kind belonging to such ship or vessel, or who shall by force prevent or impede any person endea vouring to save his life from such ship or vessel (whether he shall be on board or shall have quitted the same); and so much of the same acts or either of them as relates to any person who shall unlawfully or maliciously set fire to

Changes in the Law.

any stack of corn, grain, pulse, straw, hay, coals, turf, charcoal, or wood, and so much of the same acts as relares to the punishment of principals in the second degree and of accessaries before and after the fact respectively to such of the felonies punishable under those acts as are herein-before referred to it is therefore enacted

Repeal of Provisions in recited acts.-That so much of the said acts as is hereinbefore referred to shall continue in force until and throughout the thirtieth day of September one thousand eight hundred and thirty-seven, and shall from and after that day be repealed, "except as to offences committed before or upon the said thirtieth day of September, which shall be dealt with and punished as if this act had not been passed. (s. 1.)

1.

Setting Fire to a Dwelling House, any person being therein.-That whosoever shall unlawfully and maliciously set fire to any dwelling house, any person being therein, shall be guilty of felony, and being convicted thereof shall suffer death. (s. 2.)

$385

wise destroy any ship or vessel, whether the same be complete or in an unfinished state, or shall unlawfully and maliciously set fire to, cast away, or in anywise destroy any ship or vessel, with intent thereby to prejudice any of any goods on board the same, or any person owner or part-owner of such ship or vessel, or that hath underwritten or shall underwrite any policy of insurance upon such ship or vessel, or on the freight thereof, or upon any goods on board the same, shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for the term of the natural life of such offender, or for any term not less than fifteen years, or to be imprisoned for any term not exceeding three years. (s. 6.)

years, or to be imprisoned for any term not exceeding three years (s. 7.)

Impeding any Person endeavouring to save his life from any Ship wrecked, &c. That whosoever shall by force prevent or impede any person endeavouring to save his life from any ship or vessel which shall be in distress or wrecked, stranded, or cast on shore, (whether he shall be on board or shall have quitted the same,) shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be transported beyond the Setting Fire to a Church or Chapel, House, seas for the term of the natural life of such Warehouse, &c.-That whosoever shall unlaw-offender, or for any term not less than fifteen fully and maliciously set fire to any church or chapel, or to any chapel for the religious worship of persons dissenting from the United Church of England and Ireland, or shall unlawfully and maliciously set fire to any house, stable, coach-house, outhouse, warehouse, office, shop, mill, malthouse, hop-oast, barn or granary, or to any building or erection used in carrying on any trade or manufacture, or any branch thereof, whether the same or any of them respectively shall then be in the possession of the offender, or in the possession of any other person, with intent thereby to injure or defraud any person, shall be guilty of felony. and being convicted thereof shall be liable, at the discretion of the court, to be transported beyond the seas for the term of the natural life of such offender, or for any term not less than fifteen years, or to be imprisoned for any term not exceeding three years. (s. 3.)

Setting Fire to Ships or Vessels with Intent to commit Murder. That whosoever shall unlawfully and maliciously set fire to, cast away, or in anywise destroy any ship or vessel, either with intent to murder any person, or whereby the life of any person shall be endangered, shall be guilty of felony, and being convicted thereof shall suffer death. (s. 4.)

Destroying Wrecks or any Articles belonging thereto.-That whosoever shall unlawfully and maliciously destroy any part of any ship or vessel which shall be in distress, or wrecked, stranded, or cast on shore, or any goods, merchandize, or articles of any kind belonging to such ship or vessel, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be transported beyond the seas for any term not exceeding fifteen years nor less than ten years, or to be imprisoned for any term not exceeding three years. (s. 8.)

Setting Fire to Coal Mines.-That whosoever shall unlawfully and maliciously set fire to any mine of coal or cannel coal shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be transported beyond the seas for the term of the natural life of such offender, or for any term not less than fifteen years, or to be imprisoned for any term not exceeding three years. (s. 9)

Setting Fire to Agricultural Produce, &c.That whosoever shall unlawfully and maliciously set fire to any stack of corn, grain, Hanging out False Lights to cause Ship- pulse, tares, straw, haulm, stubble, furze, wreck. That whosoever shall unlawfully exhi-heath, fern, hay, turf, peat, coals, charcoal, or bit any false light or signal with intent to bring any ship or vessel into danger, or shall unlawfully and maliciously do any thing tending to the immediate loss or destruction of any ship or vessel in distress, shall be guilty of felony, and being convicted thereof shall suffer death. (s. 5.)

wood, or any steer of wood, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be transported beyond the seas for the term of the natural life of such offender, or for any term not less than fifteen years, or to be imprisoned for any term not exceeding three years. (s. 10.) Setting Fire to Ships or Vessels with intent Punishment of Accessaries.-That in the case to destroy the same. That whosoever shall un-of every felony punishable under this act, every lawfully and maliciously set fire to or in any-principal in the second degree, and every ac

386

Changes in the Law.-Improvements suggested in the Law.

cessary before the faet, shall be punishable come before him on summons, it was out of with death or otherwise in the same manner as the question to suppose his Lordship, who is a the principal in the first degree is by this act pains-taking and religiously conscientious man, punishable; and every accessary after the fact could get through the business; independently to any felony punishable under this act shall, of which the place was like a bear-garden, on conviction, be liable to be imprisoned for from the multitudes of persons of all descripany term not exceeding two years. (s. 11.) tions assembled in it; and to wind up the Offences punishable by Imprisonment. That misery, the suitors were disadvantaged, and where any person shall be convicted of any the time of the attorneys sacrificed. offence punishable under this act for which All this arises from a want of attendance, imprisonment may be awarded, it shall be law-de die in diem, of one of the fifteen Judges of ful for the Court to sentence the offender to the Land. Would there be any impropriety in be imprisoned, or to be imprisoned and kept appointing one of the fifteen Masters, by deputo hard labour, in the common gaol or house tation, to attend to the business of summonses of correction, and also to direct that the of-daily? I suggest this to relieve the Judges, if fender shall be kept in solitary confinement for all the fifteen feel they can, with regard to any portion or portions of such imprisonment, or of such imprisonment with hard labour, not exceeding one month at any one time, and not exceeding three months in any one year, as to the Court in its discretion shall seem meet. (s. 12.)

the interests of the public, be fairly absent at one time. It is impossible to conceive the misery and injury of this want of arrangement, which calls, and loudly calls too, for some remedy. It is most unfair that a Chief should be called on to sit at all Not to affect Powers of 5 & 6 W. 4, c. 38, on the business to which I have referred; and 4 G. 4, c. 64.-That nothing in this act but I cannot see it to be so with respect to the contained shall be construed to extend to the other twelve Judges, who are not over-worked, alteration or repeal of any of the powers, pro-save during the term and on circuit. If, howvisions, or regulations contained in 5 & 6 W. 4, c. 38, intituled "An Act for effecting greater Uniformity of Practice in the Government of the several Prisons in England and Wales, and for appointing Inspectors of Prisons in Great on the public. Britain," or in 4 G. 4, c. 64, intituled "An Act for consolidating and amending the Laws relating to the building, repairing, and regu lating of certain Gaols and Houses of Correction in England and Wales." (s. 13.)

Offences committed within the Admiralty Jurisdiction. That where any felony punishable under this act shall be committed within the jurisdiction of the Admiralty of England or of Ireland, the same shall be dealt with, inquired of, tried, and determined in the same manner as any other felony committed within that jurisdiction. (s. 14.)

Not to extend to Scotland. That nothing in this act contained shall extend to Scotland. (s. 15.)

Commencement of Act.-That this act shall commence and take effect on the first day of October one thousand eight hundred and thirty-seven. (s. 16.)

IMPROVEMENTS SUGGESTED IN

THE LAW.

PRACTICE AT THE JUDGES' CHAMBERS. To the Editor of the Legal Observer. Sir,

I HAD occasion to-day to attend at Serjeant's Inn, Chancery Lane, in which there was sitting, for the dispatch of public business, that most respected and learned Judge, the Chief Justice of the Common Pleas. From the number of cases which were appointed to

ever, their Lordships think otherwise, I am sure the experienced masters would sit, and that they would moreover win the respect of the profession, and confer a great obligation A SUBSCRIBER.

Sept. 13.

PUBLIC AND PRIVATE SEALS IN CHANCERY.

Sir,

Knowing that you are at all times willing to give publicity to any thing that may seem to require correction, I beg to draw attention to the present mode of obtaining the various writs that are issued out of and under the seal of the Court of Chancery.

No writ can be obtained on payment of the usual fees except on what is called a "public seal," and on all other occasions (no matter how urgent), a "private seal" must be paid for, (and that can only be obtained on certain days), the charge for which is 31. 1s. in the first instance, and 18s. 6d. for every writ that is sealed after the "private seal" has been opened, in addition to the usual fees.

From the month of August to the month of November there is no "public seal" whatever, but there is a "prvate seal" generally once in a week, so that no writs of any description can be obtained during the whole of that period except on payment of the additional fees.

Now surely this ought to be remedied. In every other Court the various writs (issuing out of those Courts) can be obtained daily during the whole of that period without any additional charge; besides, the officers of the Court of Chancery have large salaries, and if it be necessary that they should be out of town six days out of seven, why not let the "private

List of Private Acts.

1 VICT.
[Concluded from p. 371.]

32. An act to enable the governors of the free grammar school of Clitheroe in the county of Lancaster to sell and grant building leases of the school estates, and to enlarge the powers of the governors.

33. An act to transfer the endowments of the domestic chapel of Sir Thomas Dyke Acland Baronet at Columb John in the parish of Broadclist in the county of Devon, which chapel is proposed to be pulled down, to a chapel intended to be built in lieu thereof near his residence at Killerton in the same parish.

34. An act for authorizing the trustees under an act passed in the thirty-ninth and fortieth years of his Majesty King George the Third, for enabling the Duke of Richmond for the time being to grant jointures as therein inentioned, and for other purposes, to sell the residue remaining unsold of the stocks on transfer of which the said annuity was made redeemable, and to invest the money to arise from such sale in the purchase of manors, lands, and hereditaments; and for other purposes.

35. An act to extend the powers_given to the trustees of the will of Charles Eversfield Esquire by an act of parliament passed in the seventh year of the reign of his Majesty King George the Fourth, intituled "An act to enable trustees to grant building leases of lands in the several parishes of Saint Leonard's Hollington, Saint Mary of the Castle of Hastings, Maudlin, Saint Mary Magdalen, Saint Michael near Hastings, and Horsham, in the county of Sussex, parts of the estates devised by the will of Charles Eversfield Esquire, and to sell the same lands, and also two detached farms in the parishes of Hollington and Horsham aforesaid, other parts of the same estates, and for laying out the money arising by such sale in the purchase of other estates, to be settled to the same uses.

38. An act for authorizing the sale of certain estates in the counties of Galway and Mayo devised by the will of the Right Honourable John late Lord Clanmorris deceased, and for laying out the monies thence arising in the purchase of other estates, to be settled to the

same uses.

37. An act to enable the Right Honourable Thomas Earl of Wilton, and the person or per

387

devised by or standing limited to the uses of the wills of the Right Honourable Thomas late Earl of Wilton and the Right Honourable Eleanor late Countess of Wilton, both deceased, to make conveyances in fee or demises for long terms of years of certain parts of the said estates, for building on or improving the same, under reserved yearly rents.

38. An act to enable the Court of Chancery in Ireland to appoint other persons to act under the family settlement of the Marquis of Donegall and Earl of Belfast, bearing date the twenty eighth of October one thousand eight hundred and twenty-two, in the place of Thomas Ball and Thomas Ellis deceased.

39. An act for vesting settled estates in the township of Headingley-cum-Burley in the parish of Leeds in the county of York, of which John Henry Fawcett Esquire is tenant for life, in trustees for sale, and for investing the monies to be produced thereby in the purchase of other estates to be settled to the same

uses.

40. An act for empowering the trustees of the will, as to his real estate, of Silvanus Bevan Esquire, deceased, to sell the freehold estates in the counties of Wilts and Berks devised by the same will, and for laying out the money to arise from such sale in the purchase of other estates, to be settled to the sames uses.

41. An act to alter and amend an act passed in the second year of the reign of his late Ma66 An act jesty King William the IV, intituled to enable the governors of the possessions, revenues, and goods of the Free Grammar School of King Edward the Sixth in Birmingham in the county of Warwick to erect a schoolhouse, master's houses, and other suitable accommodations for the said school, and to extend the objects of the charity; and for other pur poses.

42. An act for exchanging part of the settled estates of the Most Honourable the Marquis of Bute and Earl of Dumfries in the county of Glamorgan, in England, for estates of the said Marquis in the counties of Ayr, Wigton, and Bute, in Scotland; and for other

a There appears to be a mistake in numbersons for the time being entitled to the estatesing this and the subsequent acts. ED.