Imperial Acts Adoption and Application Act 1850 No 43a (NSW)

No. XLIII.

An Act to adopt and apply certain Acts of Parliament passed for facilitating the per­ formance of the Duties of Justices of the Peace and for protecting them from vexatious actions and to prevent persons convicted of offences from taking undue advantage of mere defects or errors in form. [2nd October, 1850.]

WH E R E A S three Acts of Parliament were passed in the eleventh

and twelfth years of Her Majesty's reign of which one is intituled

" An Act to facilitate the performance of the Duties of Justices of the

" Peace out of Sessions within England and Wales with respect to

"persons charged with indictable offences" and the second is intituled

" An Act to facilitate the performance of the Duties of Justices of the

" Peace out of Sessions within England and, Wales with respect to

" summary convictions and orders " and the other is intituled "An Act

" to protect Justices of the Peace from vexatious actions for acts done

" by them in execution of their office " And whereas the adoption of those several Acts in and for the Colony of New South Wales would not, only tend greatly to the ease of Magistrates in the said Colony but to the advancement of Just ice in respect of all proceedings by and before them out of Sessions Be it therefore enacted by His Excellency the Governor

of New South Wales with the advice and consent of the Legislative

Council thereof That from and after the first day of the month of December next the said three Acts of Parliament and the several provi­

sions therein contained respectively shall (so far as the said provisions can be applied) be in force and take effect in New South Wales and its Dependencies and be applied and enforced in the administration of

Justice accordingly and from and after that date all Statutes and parts

of Statutes which by the said recited Acts respectively are repealed in

England and all enactments of or to the like tenor and effect made and passed in New South Wales shall in New South Wales and its Dependencies be and the same are hereby repealed.

2. Provided always and be it enacted That all informations depositions statements and recognizances which by the said recited

Acts or any of them are required to be delivered to the officer of the

Court in which the trial is to be had shall in this Colony be trans­ mitted by the Justice or Justices as soon as possible after the conclusion

of the case before him or them to the Attorney General (or in cases

where he shall so require) to the Solicitor General or in Port Phillip to the Crown Prosecutor and the said Attorney General Solicitor General and Crown Prosecutor shall respectively after such trans­ mission and before the day of trial have and be subject to the same duties and liabilities in respect of the said several documents upon a

certiorari directed to them respectively or upon a rule or order directed
to them in lieu of that writ as the Just ice or Justices would have had and been subject to upon a certiorari to him or them if such documents had not been so transmitted and the said officers respectively or the
officer in any case prosecuting for them respectively shall at any time after the opening of the Court at the sittings at which the trial is to

be had deliver the said several documents or any of them to the proper

officer of the Court i f and when the presiding Judge thereat shall so

direct. 3.

3. And be it enacted That in every case where by the said Acts or any of them a party would be entitled to copies of the depositions

i f committed or held to bail by any Justice or Justices he shall be

entitled to the like copies when committed by any Coroner and that in every case where any witnesses or witness shall have been cross- examined or called and examined by or on behalf of the party com­ mitted or held to bail he shall in like manner be entitled to copies of the evidence given on such cross-examination or examination and the rate per folio which shall be payable to the Clerk of the Justice or

Just ices or Coroner before transmission of the said documents or to

the Clerk of the Attorney General Crown Prosecutor or Crown

Solicitor as the case may be after their transmission for copies of the

depositions shall be such (not exceeding four-pence per folio) as the Judges of the Supreme Court shall from time to time fix and deter­ mine.

4. And be it enacted That the same power of indorsing warrants shall exist in New South Wales with respect to offenders out of the jurisdiction of the Justice or Justices granting the same; whether in this Colony or not and every such warrant when indorsed shall have the same validity in this Colony to the extent of the jurisdiction of the indorsing Just ice and may be acted on in the like manner as is pro­ vided by the first mentioned of the said recited Acts with respect to warrants granted in England and indorsed by virtue of the same Act in Ireland and the converse.

5. And be it enacted That in all cases where after the com­ mencement of this Act any Justice shall be described as a Justice of the Peace for the Colony of New South Wales such description shall

be taken to mean that he is a Just ice of the Peace for the Colony

generally but not for any such City or Town unless words indicating that he is a Justice also for such City or Town be added and that in
all cases every act done or purporting to have been done by any Justice of the Peace either for the Colony or for Port Phillip or for

any such City or Town shall be taken to have been within his juris­ diction without an allegation to that effect until the contrary be shewn.

6. And be it enacted That for the purposes of every enact­ ment in the said recited Acts or any of them giving certain special powers to Police and Stipendiary Magistrates every Police Magistrate in this Colony and its Dependencies shall be taken to be included in such enactment.

7. And be it declared and enacted That the several forms annexed to the two first recited Acts or any of them may be varied

for the purpose of adapting the same to the circumstances and

condition of this Colony Provided that it shall be lawful from time to time for any three Justices at the General Quarter Sessions of the

Peace holden at Sydney of which Justices the Chairman shall be one (or in and for the District of Port Phillip for any two Justices at the

General Quarter Sessions holden at Melbourne with the approval of the Resident Judge there) to settle such variations as shall appear to them to be necessary for the purposes of such adaptation and from and after the publication in the New South Wales Government Gazette

(or at Melbourne in the usual official newspaper there) of any form

as varied by such Justices no other variation from the form prescribed
by the Act shall be allowed.
8. And be it enacted and declared That whenever the Court of Queen's Bench is mentioned in the said recited Acts or any of them the Supreme Court of New South Wales shall in and for this Colony bo taken to be indicated and that in all actions where by the last mentioned of the said Acts the venue is required to be laid in the

County

County where the cause of action arose it shall be sufficient to lay as the venue the appropriate Circuit Town and no action shall be brought against any Just ice in respect of anything done by him in the execu­ tion of his office in any Court of Bequests or of Petty Sessions.

9. And whereas it would greatly tend to the advancement of

Just ice in respect of matters within the summary jurisdiction of Justices of the Peace and to the protection of Justices in the exercise
of that jurisdiction especially from actions brought against them for or in respect of errors of judgment merely if power were given to the

Supreme Court in certain cases to amend defects of form or mistakes not affecting the substantial merits in the proceedings of such Justices and on the other hand if the means of obtaining summary relief were afforded against the summary convictions or orders of Justices B e it enacted That after the commencement of this Act no person brought before the said Court or any Judge thereof on habeas corpus shall be discharged from custody by reason of any defect or error whatsoever in the warrant of commitment of any Justice or Justices until he or they (or one of them where more than one) or the prosecutor or party interested in supporting such warrant shall have had notice of the intention to apply for such discharge and have been required to transmit and have had the opportunity of transmitting or causing to
be transmitted to the Court or Judge the conviction or order if any

on which the commitment shall have been founded together with the depositions and information if any intended to be relied on in support
of such conviction or order or certified copies thereof and if any such

conviction or order and depositions shall be so transmitted and the offence charged (or intended in point of fact to have been charged)

shall thereby appear to have been established and the judgment of the

Just ice or Justices thereupon to have been in substance warranted the

Court or Judge shall allow the warrant of commitment (and the

conviction or order also if such Court or Judge shall think fit) to be

forthwith amended in all necessary particulars in accordance with the
facts and the person committed shall thereupon be remanded to his

former custody.

10. And be it enacted That the like proceedings shall be had

and the like amendments be allowed to be made in respect of every
conviction and order hereafter brought before the Court or any Judge

thereof by writ of certiorari and after amendment in any such case the conviction or order may be enforced in the proper manner and

the same as if it had stood originally as amended. shall in all respects and for all purposes be regarded and dealt with 11. And be it enacted That in every such case as aforesaid

whether of habeas corpus or of certiorari the required notice may be given either after the issue of the writ or before and that where copies

of the conviction or order and depositions shall be produced at the
time of applying for the writ it shall be lawful for the Court or a Judge to dispense with such notice if such Court or Judge shall think fit.

12. And be it enacted That whenever after the commencement

of this Act any person shall feel aggrieved by the summary conviction

or order of any Justice or Justices it shall be lawful for him within

twenty days after such conviction or order (or where his place of residence shall be one hundred miles or upwards from Sydney or in Port Phillip one hundred miles or upwards from Melbourne then within thirty days after such conviction or order) to apply to the Supreme Court or in vacation to one of the Judges thereof for a rule

or order calling on the Justice or Justices and the party prosecuting or otherwise interested in maintaining the conviction or order to shew

cause

cause to the Court why a prohibition should not issue to restrain them from proceeding (or from further proceeding as the case may be) upon or in respect of such conviction or order which rule or order may be made returnable in term or on any day in vacation on which the Court shall beholden as in Banco before two Judges and if no cause be then shewn or on some day to which the case shall be adjourned or the Court after inquiring into the matter and considera­ tion of the evidence adduced before the Justice or Justices shall think that the conviction or order cannot be supported the Court shall or may in its discretion direct that the writ applied for be issued and may make such further order in the premises as shall be just and the circum­ stances appear to require.

1.3. Provided always and be it enacted That no such rule or order to shew cause shall be granted or made except on an affidavit or affidavits shewing a. prima facie case of mistake or error on the part of the Justice or Justices and that where on cause being shewn the mistake or error (or mistakes or errors i f more than one) shall appear to be amendable the Court shall allow the conviction or order to be forthwith amended accordingly and from and after such amendment the conviction or order may be enforced or dealt with in all respects as if the same had so stood originally Provided also that in all pro­ ceedings under this and the preceding section the costs shall be in the discretion of the Court and he payable by and to whom and as and when the said Court shall direct.

14. And be it enacted That in all cases in which any such rule

or order to shew cause shall have been granted no action shall be

maintainable or commenced against the Justice or Justices before or
by whom the conviction or order in question shall have been had or
made in respect of any proceeding taken under or matter arising out,

of such conviction or order and if any action shall be commenced in

violation of this enactment the same may summarily be stayed by order of the Court or any Judge thereof with costs to be paid by the

plaintiff to be taxed as between attorney and client.

15. And be it enacted That in every case where a summary

conviction or order before or by any Justices or Just ice shall have

been had or made all parties interested therein shall be entitled to demand and have copies of the information and depositions and of such conviction or order in like manner and on the same terms as are

provided respectively with regard to depositions against a party com­	mitted or holden to bail.
16. And be it enacted That in every case where any witness who shall have been called and examined before the Justice or Justices
by and on behalf of a party committed or held to bail shall happen to
die before the trial the deposition of such witness may be read in evidence to the Ju ry in his defence if the party on trial shall so require.

ACTS

A C T S OF P A R L I A M E N T R E F E R R E D T O .

ANNO U N D E C I M O AND D U O D E C I M O V I C T O R I A REGINAE.

CAP. X L I I .

An Act to facilitate the performance of the Duties of Justices

of the Peace out of Sessions within England and Wales with

respect to persons charged with Indictable Offences. [14th

August, 1848.]

W H E R E A S it would conduce much to the improvement of the Administration of Criminal Justice within England and Wales	if the several Statutes and parts of Statutes relating to the duties of
Her Majesty's Justices of the Peace therein with respect to persons charged with indictable offences were consolidated with such additions and alterations as may be deemed necessary and that such duties should be clearly defined by positive enactment Be it therefore declared and 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 in all cases where a charge or complaint (A) shall be made before
any one or more of Her Majesty's Justices of the Peace for any county riding division liberty city borough or place within England or
Wales that any person has committed or is suspected to have committed
any treason felony or indictable misdemeanor or other indictable
offence whatsoever within the limits of the jurisdiction of such Justice or Justices of the Peace or that any person guilty or suspected to be
guilty of having committed any such crime or offence elsewhere out of the jurisdiction of such Justice or Justices is residing or being or is suspected to reside or be within the limits of the jurisdiction of such
Justice or Justices then and in every such case if the person so charged or complained against shall not then be in custody it shall be lawful for such Just ice or Justices of the Peace to issue his or their warrant
(B) to apprehend such person and to cause him to be brought before
such Justice or Justices or any other Justice or Justices for the same county riding division liberty city borough or place to answer to such charge or complaint and to be further dealt with according to law
Justices to whom such charge or complaint shall be preferred if he or Provided always that in all cases it shall be lawful for such Justice or
they shall so think fit instead of issuing in the first instance his or their warrant to apprehend the person so charged or complained against to issue his or their summons (C) directed to such person requiring him to appear before the said Justice or Justices at a time and
place to be therein mentioned or before such other Justice or Jus­ tices of the same county riding division liberty city borough or place as
may then be there and if after being served with such summons in manner hereinafter mentioned he shall fail to appear at such time and
place in obedience to such summons then and in every such case the
said Justice or Justices or any other Just ice or Justices of the Peace
for the same county riding division liberty city borough or place may
issue his or their warrant (D) to apprehend such person so charged or complained against and cause such person to be brought before him or them or before some other Just ice or Justices of the Peace for the same county riding division liberty city borough or place to answer to the said charge or complaint and to be further dealt with according to law Provided nevertheless that nothing herein contained shall prevent

any

any Just ice or Justices of the Peace from issuing the warrant herein­

before first mentioned at any time before or after the time mentioned

in such summons for the appearance of the said accused party.
2. And be it enacted That in all cases of indictable crimes or offences of any kind or nature whatsoever committed on the high seas or in any creek harbour haven or other place in which the Admiralty
of England have or claim to have jurisdiction and in all cases of crimes
or offences committed on land beyond the seas for which an indict­
ment may legally be preferred in any place within England or Wales

if shall be lawful for any one or more of Her Majesty's Justices of the

Peace for any county riding division liberty city borough or place

within England or Wales in which any person charged with having committed or with being suspected to have committed any such crime

or offence shall reside or be or shall be supposed or suspected to reside or be to issue his or their warrant (E) to apprehend the person so
charged and to cause him to be brought before him or them or some other Justice or Justices of the Peace for the same county riding division liberty city borough or place to answer to the said charges and to be further dealt with according to law.

3. And be it enacted. That where any indictment shall be found

by the Grand Ju ry in any Court of Oyer and Terminer or General Gaol Delivery or in any Court of General or Quarter Sessions of the Peace against any person who shall them be at large and whether
such person shall have been bound by any recognizance to appear to answer to the same or not the person who shall act as Clerk of the Indictments at such Court of Oyer and Terminer or Gaol Delivery

or as Clerk of the Peace at such Sessions at which the said indictment
shall be found shall at any time afterwards after the end of the

Sessions of Oyer and Terminer or Gaol Delivery or Sessions of the Peace at which such indictment shall have been found upon appli­

cation of the prosecutor or of any person on his behalf and on pay­ ment of a fee of one shilling if such person shall not have already appeared and pleaded to such indictment grant unto such prosecutor

or person a certificate (E) of such indictment having been found and

upon production of such certificate to any Just ice or Justices of the

Peace for any county riding division liberty city borough or place

in which the offence shall in such indictment be alleged to have been committed or in which the person indicted in and by such indictment shall reside or be or be supposed or suspected to reside or be if shall be lawful for such Just ice or Justices and he and they are hereby	required to issue his or their warrant (G) to apprehend such person	so indicted and to cause him to be brought before such Just ice or
Justices or any other Justice or Justices for the same county riding
division liberty city borough or place to be dealt with according to law and afterwards i f such person be thereupon apprehended and brought before any such Just ice or Justices such Justice or Justices upon its being proved upon oath or affirmation before him or them that the person so apprehended is the same person who is charged and named in such indictment shall without further inquiry or exami­ nation commit (H) him for trial or admit him to bail in manner hereinafter mentioned or if such person so indicted shall be confined in any gaol or prison for any other offence than that charged in the said indictment at the time of such application and production of the said certificate to such Justice or Justices as aforesaid it shall be law­ ful for such Justice or Justices and he and they are hereby required upon it being proved before him or them upon oath or affirmation that the person so indicted and the person so confined in prison are one and the same person to issue his or their warrant ( I ) directed to the gaoler or keeper of the gaol or prison in which the person so

indicted

indicted shall then he confined as aforesaid commanding him to detain such person in his custody until by Her Majesty's writ of habeas

corpus he shall be removed therefrom for the purpose of being tried
upon the said indictment or until he shall otherwise be removed or

discharged out of his custody by due course of law.

4. And be it enacted That it shall be lawful for any Justice or

Justices of the Peace to grant or issue any warrant as aforesaid or any

search warrant on a Sunday as well as on any other day.

5. And be it enacted That in cases where a Justice of the

Peace for any county riding division liberty city borough or place shall

be also a Justice for a county riding division liberty city borough or

place next adjoining thereto or surrounded thereby it shall and may

be lawful for such Justice of the Peace to act as such Justice for the
one county riding division liberty city borough or other place whilst he is residing or happens to be in the other such county riding division liberty city borough or other place in all matters and things herein­

before or hereafter in this Act mentioned and that all such acts of
such Justice and the acts of any constable or other officer in obedience thereto shall be as valid good and effectual in the law to all intents and purposes as i f such Justice at the time he shall so act as aforesaid were in the county riding division liberty city borough or other place

for which he shall so act and all constables and other officers for the

county riding division liberty city borough or place for which such

Justice shall so act as aforesaid are hereby authorized and required to obey the warrants orders directions act or acts of such Justice which
in that behalf shall be granted given or done and to do and perform their several offices and duties in respect thereof under the pains and penalties to which any constable or other officer may be liable for a
neglect of duty and any such constable or other peace officer or any
other person apprehending or taking into custody any person offending against law and whom he lawfully may and ought to apprehend or take into custody by virtue of his office or otherwise in any such county riding division liberty city borough or place may lawfully take and
convey such person so apprehended and taken as aforesaid to and before any such Just ice of the Peace for such county riding division

liberty city borough or place whilst such Justice shall be in such adjoining county riding division liberty city borough or place as afore­ said and the said constables and other peace officers and all such other persons as aforesaid are hereby authorized and required in all such

within the said county riding division liberty city borough or place	cases so to act in all things as if the said Just ice of the Peace were
for which he shall so act.

6. And be it enacted That it shall be lawful for any Just ice or

Justices of the Peace acting for any county at large or for any riding

or division of such county to act as such at any place within any city

town or other precinct being a county of itself or otherwise having
exclusive jurisdiction and situated within surrounded by or adjoining

to any such county riding or division respectively and that all and every such act and acts matters and things to be so done by such Jus ­
tice or Justices within such city town or precinct as Justice or Justices
for such county riding or division respectively shall be as valid and
effectual in law as if the same had been done within such county
riding or division respectively to all intents and purposes whatsoever Provided always that nothing in this Act contained shall extend to

give power to the Justices of the Peace for any county riding or

division not being also Justices for such city town or other precinct
or not having authority as Justices of the Peace therein or any con­

stable or other officer acting under them to act or intermeddle in any

matters

matters or thing's a r is ing wi th in any such ci ty town or prec inc t in

a n y m a n n e r whatsoever .

7- " A n d whereas doubts have arisen whe the r t he powers given " to Jus t i ces by an Ac t passed in t he Session of P a r l i a m e n t held in	the
" second and th i rd years of t he re ign of H e r presen t Majesty	in t i tu led
" ' An Act for the better administration	of Justice in, detached parts of

"	' Counties'	arc applicable to cases of s u m m a r y jur i sd ic t ion and to acts
"	m e r e l y m i n i s t e r i a l "	Be it hereby declared and enacted That all the act s

of any J u s t i c e or Jus t i ces and of any constable or officer in obedience the re to shall be as good in relat ion to any de tached p a r t of any county which is su r rounded in whole or in p a r t by the county for which such J u s t i c e or Jus t i ces acts or act as if t he same were to all in ten t s and purposes p a r t of t he said county and all constables and o ther officers of such detached par t are hereby required to obey the war ran t s orders and acts of such Jus t i ce or Jus t i ces and to perform the i r several dut ies in respect thereof u n d e r the pa ins and penal t ies to which any constable or other officer may be liable for a neglect of duty .

S. A n d be it enacted Tha t in all cases where a charge or com­ pla in t for any indictable offence shall be made before such Jus t i ce or Ju s t i ce s as aforesaid if it lie in tended to issue a w a r r a n t in the first ins tance against t he pa r ty or par t ies so charged an information and compla in t thereof (A) in wr i t ing on the oath or affirmation of t he in fo rmant or of some witness or witnesses in t h a t behalf shall be laid before such J u s t i c e or Jus t i ces Provided always t h a t in all cases where it is in tended to issue a summons instead of a w a r r a n t in t he first ins tance it shall not be necessary t h a t such information and compla in t shall be in wr i t ing or be sworn to or affirmed in m a n n e r aforesaid bu t in every such case such informat ion and compla in t m a y be by parol mere ly and without any oa th or affirmation whatsoever to support or subs tan t ia te t h e same Provided also tha t no objection shall be t aken or allowed to any such information or complaint for any alleged defect the re in in substance or in form or for any var iance between it and the evidence adduced on the part of t h e prosecut ion before t h e Jus t i ce or

Jus t i ces who shall t ake t he examina t ion of the witnesses in	t h a t
behalf as hereinaf ter ment ioned.

9. A n d be it enacted Tha t upon such information and complaint be ing so laid as aforesaid t he Jus t i ce or Jus t i ces receiving t h e same

m a y if he or t h e y shall t h i n k fit issue his or the i r summons or w a r r a n t respectively as hereinbefore is directed to cause t he person charged as

aforesaid to be a n d appear before h im or t h e m or any other Jus t i ce or
Ju s t i ce s of t h e Peace for t he same county r id ing division l iber ty city
borough or place to be dealt wi th according to law and every such s u m m o n s (C) shall be directed to t he pa r ty so charged in and by such informat ion a n d shall s ta te shor t ly t he m a t t e r of such information and shall requi re t he pa r ty to whom it is so directed to be and appear a t a cer ta in t ime and place there in ment ioned before the Justice; w h o

shall issue such s u m m o n s or before such o ther Jus t i ce or Jus t i ces of

t h e Peace of the same county r id ing division l iber ty city borough or place as m a y then be the re to answer to the said charge and to hi; fur ther dealt wi th according to law and every such summons shall be served by a constable or o ther peace officer upon the person to whom it is so directed by del ivering the; same to t he pa r ty personal ly or if he cannot convenient ly be me t wi th t h e n by leaving the same with some person for h im a t his last or most usua l place of abode and the constable or o ther peace officer who shall have served the same in m a n n e r aforesaid shall a t t end at t he t ime and place and before t he Jus t i ces in t he said summons ment ioned to depose if necessary to the service of such summons and if t he person so served shall no t be- and appear before t h e Jus t i ce or Jus t i ces at t h e t i m e and place ment ioned

4 M — V O L . 3. in

i n such s u m m o n s in obedience to t h e same then i t shal l be lawful for

such Jus t i ce or Jus t i ces to issue his or t he i r w a r r a n t (D) for appre­

hend ing the p a r t y so summoned and b r ing ing h im before such Jus t i ce

or Jus t i ces or some o ther J u s t i c e or Jus t i ces of t h e Peace for t h e

same coun ty r id ing division l iber ty ci ty borough or place to answer t he charge in t h e said informat ion and compla in t ment ioned a n d to be fur ther dealt Avith according to law Provided always t h a t no objection shall be t aken or allowed to any such s u m m o n s or w a r r a n t for any alleged defect the re in in subs tance or in form or for any var iance be tween i t and the evidence adduced on the pa r t of t h e prosecut ion before t h e Jus t i ce or Jus t ices who shal l t ake t h e examina t ions of t h e witnesses in t h a t behalf as hereinafter men t ioned b u t if any such var iance shal l appear to such J u s t i c e or Jus t i ces to be such t h a t t h e p a r t y charged lias been the reby deceived or misled it shall be lawful tor such J u s t i c e or Jus t i ces at t he reques t of t h e p a r t y so charged to adjourn t h e hear ing of t h e case to some future day and in t he m e a n t i m e to r e m a n d t h e p a r t y so charged or admi t h im to bai l in

m a n n e r hereinaf ter ment ioned .

10. A n d be i t declared and enacted T h a t every w a r r a n t (B)

hereafter to be issued by any Jus t i ce or Jus t i ces of t he Peace to app rehend any person charged w i t h any indic table offence shall be u n d e r t h e hand and seal or hands and seals of t he Jus t i ce or Jus t i ces i ssuing the same a n d m a y be directed e i ther to any constahlc or o ther person by name or general ly to t h e constable of t he par i sh or o ther distr ict w i th in which the same is t o be executed wi thou t n a m i n g h i m or to such constable and all o ther constables or peace officers in t h e county or other distr ict w i th in which the Jus t i ce or Jus t i ces i ssuing such w a r r a n t has or have jur i sd ic t ion or general ly to all t he constables or peace officers wi th in such last men t ioned county or district and it shal l s ta te short ly the offence on which it is founded and shal l n a m e or otherwise describe t he offender and i t shall order t he person or persons to w h o m it is directed to app rehend the offender and bring l d m before t he Jus t i ce or Jus t i ces i ssuing t h e said war r an t or before some other Jus t i ce or Jus t i ces of t he Peace for t he same coun ty r id ing division l iber ty city borough or place to answer to t he charge conta ined in t h e said informat ion and to be fur ther deal t wi th according to law and it shall no t be necessarv to m a k e such w a r r a n t r e tu rnab l e a t any par t i cu la r t ime b u t t he same may remain in force

un t i l it app rehend ing the offender at any place wi th in t he county shall be executed a n d such w a r r a n t m a y be executed b y

r id ing

Jus t i ces i ssuing t h e same shall have jur isd ic t ion or in case of fresh	division l iber ty ci ty bo rough or place wi th in which the Jus t i ce or
pursu i t a t any place in t h e nex t adjoining coun ty or place and wi th in seven miles of t he border of such f irs t-mentioned county riding division l iber ty city borough or place w i thou t hav ing such w a r r a n t backed as here inaf ter ment ioned and in all cases where such w a r r a n t shall be directed to all constables or o ther peace officers AA'ithin the coun ty or other district AA'ithin AA'hich t h e Jus t i ce or Jus t ices issuing t h e same shall have ju r i sd ic t ion i t shall be lawful for any constable headborough t i t h i n g h a m borsholder or o ther peace officer for any parish township hamle t or place AA'ithin such county or district to execute t h e said w a r r a n t AA'ithin any par i sh toAvnship hamle t or
place s i tua te wi th in t h e jur isd ic t ion for AAdrich such J u s t i c e or Jus t ices
shal l have ac ted when he or t hey g ran ted such w a r r a n t in l ike m a n n e r as if such w a r r a n t were directed specially to such constable by n a m e and no twi th s t and ing the place in which such war ran t shall be executed shall no t be within t he par i sh township hamle t or place for which he shall be such constable headborough t i t h i n g h a m borsholder or o ther
peace officer Provided always t ha t no objection shall be t aken or

allowed

allowed to any such w a r r a n t for any defect t he re in in subs tance or in form or for any var iance be tween i t and the evidence adduced on t h e p a r t of t h e prosecut ion before t he Jus t i ce or Jus t i ces who shall t ake t he examina t ions of t h e witnesses in t h a t behalf as hereinafter men t ioned b u t if any such var iance shall appear to such Jus t i ce or Jus t i ces to be such t h a t t h e p a r t y charged has been the reby deceived

or misled it shal l be lawful for such Jus t i ce or Jus t ices a t t h e reques t

of t h e p a r t y so charged to adjourn the h e a r i n g of t he case to some

fu ture day a n d in t h e mean t ime to r e m a n d t h e pa r ty so charged or to

admi t h im to bai l in m a n n e r hereinafter ment ioned.

1 1 . A n d be i t enacted Tha t if t h e person agains t w h o m any

such w a r r a n t shal l be issued as aforesaid shall no t be found wi th in t he

ju r i sd ic t ion of the Jus t i ce or Jus t i ces by w h o m t h e same shall be issued or if he shal l escape go into reside or be or be supposed or suspected

to be in any place in E n g l a n d or Wales out of t h e jur isd ic t ion of the	J u s t i c e i ssuing such war ran t it shall and m a y b e lawful for any Justice 1
of t he Peace for t he county or place into which such person shall so escape or go or in which he shall reside or be or be supposed or suspected to be upon proof alone being made on oath of t he hand­ wr i t ing of t h e J u s t i c e issuing such w a r r a n t to m a k e an indorsement
(K) on such w a r r a n t signed wi th his n a m e au thor iz ing the execut ion
of such w a r r a n t wi th in t he jur isdict ion of the Jus t i ce m a k i n g such indorsement and which indorsement shall be sufficient au tho r i t y to the person b r i ng ing such w a r r a n t and to all o ther persons to whom the same was original ly directed and also to all constables and other peace officers of t he county or place where such w a r r a n t shall be so indorsed to execute t he same in such o ther coun ty or place and to car ry t he person aga ins t w h o m such w a r r a n t shall have issued when apprehended before t h e Jus t i ce and Jus t i ces of t he Peace who first issued t h e said w a r r a n t or before some other Jus t i ce or Jus t i ces of the Peace in and for t h e same county r id ing division city l iber ty borough or place or before some Jus t i ce or Jus t i ces of t he county r id ing division l iber ty city bo rough or place where t h e offence in t he said w a r r a n t ment ioned appears the re in to have been commi t t ed Provided always t h a t if t he prosecutor or any of the witnesses on the p a r t of t he jn-ose- cut ion shall t h e n be in t he coun ty or place where such person shall have been so apprehended the constable or other person or persons who shall have so apprehended such person m a y if so directed by the Jus t i ce back ing such w a r r a n t t ake and convey h i m before t h e Jus t i ce who shall have so backed the said w a r r a n t or before some other Jus t i ce
or Jus t i ces of t h e same county or place and t h e said J u s t i c e or Jus t ices
m a y the reupon take t h e examina t ions of such prosecutor or witnesses a n d proceed in every respect in m a n n e r hereinaf ter directed wi th respect to persons charged before a Jus t i ce or Jus t i ces of t h e Peace wi th an offence alleged to have been commit ted in ano ther coun ty or place
t h a n t h a t in which such persons have been apprehended.

12. A n d be it enac ted That, if any person aga ins t w h o m a

w a r r a n t shall be issued in any county r id ing division l iberty	city
bo rough or place in E n g l a n d	or W a l e s by any Jus t i ce of t h e Peace or

by any J u d g e of H e r Majes ty ' s Cour t of Queen ' s Bench or Jus t i ce of Oyer and Te rmine r or Gaol Del ivery for any indic table offence against t h e laws of t h a t pa r t of t he U n i t e d K i n g d o m shall escape go info reside or be or be supposed or suspected to be in any coun ty or place in t h a t p a r t of the U n i t e d K i n g d o m called I re land or if any person

aga ins t w h o m a w a r r a n t shall be issued in any coun ty or place in

I r e l a n d by any Jus t i ce of the Peace or by any J u d g e of H e r Majesty 's Cour t of Queen ' s Bench there or any J u s t i c e of Oyer and Terminer or Gaol Del ivery for any cr ime or offence against t h e laws of t ha t par t of t h e United Kingdom shall escape go into reside or be or he

supposed

supposed or suspected to bo in any county r id ing division l iber ty c i ty borough or p lace in t h a t part of t h e U n i t e d K i n g d o m called E n g l a n d or W a l e s i t shall and m a y be lawful for any Jus t i ce of t h e Peace in and for t he county or place in to which such person shal l escape or go or whe re he shal l reside or be or be supposed or suspected to be to indorse (K) such w a r r a n t in m a n n e r herein­ before mentioned or to t he l ike effect and which w a r r a n t so indorsed shall be a sufficient authority to t h e person or persons b r i ng ing such w a r r a n t and to al l persons t o whom such w a r r a n t was originally directed and also to all constables or other peace officers of t h e county or place whe re such w a r r a n t shall be so indorsed to execute t h e said

w a r r a n t in the county or place	whe re t he Jus t i ce so indorsing it shall
have jurisdiction by apprehending t h e person aga ins t w h o m	such

w a r r a n t shal l have been granted and to convey h i m before t he Jus t i ce

or Jus t i ces who g ran t ed t h e same or before some other J u s t i c e or Jus t i ce s of t he Peace in and for t h e same county or place and which said Jus t i ce or Jus t ices before w h o m he shal l be so brought shal l thereupon proceed in such m a n n e r as if t he said person had been apprehended in t h e said last mentioned county or place.

13 . A n d be i t enacted Tha t if any person against w h o m a w a r r a n t shall be issued in any county r id ing division liberty city borough or place in E n g l a n d or W a l e s by any Jus t i ce of t he Peace or by any J u d g e of H e r Majesty 's Cour t of Queen ' s Bench or Jus t i ces of Oyer and Te rmine r or Gaol Del ivery for any indic table offence shal l escape go in to reside or be or be supposed or suspected to be in any of t he Is les of M a n Guernsey Je r sey Alderney or Sark i t shall be lawful for any officer w i th in t h e district in to which such accused person shal l escape or go or where he shall reside or be or be supposed or suspected to be who shall have jurisdiction to issue any w a r r a n t or process in t he nature of a w a r r a n t for the apprehension of offenders wi th in such district to indorse (K) such warrant in t h e m a n n e r hereinbefore mentioned or to t h e l ike effect or if any person against whom any warrant or process in t h e n a t u r e of a warrant shal l be issued in any of t h e Is les aforesaid shal l escape go in to reside or be or be supposed or suspected to be in any county r id ing division liberty city borough or place in E n g l a n d or Wales i t shal l be lawful for any J u s t i c e of t he Peace in a n d for t he county or p lace in to which such person shall escape or go or where he shall reside or be or be supposed or suspected to be to indorse (K) such warrant or process i n m a n n e r hereinbefore mentioned and every such warrant or process so indorsed shall be a

sufficient authority to t he person or persons b r ing ing t h e same a n d to

all persons to whom t he same respectively was originally d irected and also to all constables and peace officers in t h e county district or juris­ diction w i th in which such warrant or process shall be so indorsed to execute t h e same w ithin t he county district or place where t h e J u s t i c e or officer indorsing t he same has jurisdiction and to convey such offender when apprehended in to t h e county or district wherein t he Justice or person who issued such warrant or process shal l have juris­ diction and car ry h i m before such Jus t i ce or person or before some other J u s t i c e or person within the same county or district who shal l have jurisdiction to commi t such offender to prison for t r ia l a n d such Jus t i ce or person may thereupon proceed in such and the same m a n n e r as if t he said offender h a d been apprehended within his jurisdiction.

14. A n d be i t declared and enacted T h a t if any person agains t w h o m a warrant shal l be issued by any Jus t i ce of t h e Peace for any

county or place within E n g l a n d or W a l e s or I r e l a n d or by any J u d g e

of H e r Majesty 's Cour t of Queen ' s Bench or J u s t i c e of Oyer and

Terminer or Gaol Del ivery in E n g l a n d or I r e l and for any cr ime or offence aga ins t t h e laws of those parts respectively of the Uni ted

K ingdom

K i n g d o m oi' Grea t Br i t a in and I r e l and shall escape go in to reside or he or he supposed or suspected to be in any place in t h a t pa r t of t he said U n i t e d K i n g d o m called Scotland it shal l be lawful for t h e Sheriff or S teward "Depute or Subs t i tu te or any Jus t i ce of t h e Peace of tin? coun ty or place; where such person or persons shall go in to reside; or be or be supposed or suspected to be to indorse (K) t he said w a r r a n t in m a n n e r hereinbefore ment ioned or to the; l ike effect which w a r r a n t so indorsed shall be a sufficient au thor i ty to the person or persons b r ing ing such w a r r a n t and to all persons to w h o m such w a r r a n t was or iginal ly directed and also to all Sheriffs officers s tewards officers constables a n d o ther peace officers of t he county or place whcrc such warrant shal l IK; SO indorsed to execute; t he same wi th in t h e county or place" where it shall have bee;n so indorseel by apprehend ing the person against w h o m such w a r r a n t shall have been g ran ted and to convey

h i m in to t he county or plae;c in E n g l a n d Wales or I r e l and where the

J u s t i c e or Jus t ices who first issued the said w a r r a n t shall have; ju r i s ­ diction in t h a t behalf and to carry h im before such Jus t i ce or Jus t i ces or before any other Ju s t i ce or Jus t i ces of the Peace of and for the same coun ty or place to bo t he r e elealt with according to kuv and which said Jus t i ce or Jus t i ces are1 hereby author ized a n d requi red the reupon to proceed in such and the same m a n n e r as if t he said

offender hael been apprehended wi th in his or the i r jur i sd ic t ion .

15. A n d be it enacted Tha t if any person against whom a
w a r r a n t shall be issued by the Lord Jus t i ce Genera l Lord Chief
J u s t i c e Clerk or any of the Lords Commissioners of Jus t i c i a ry or by

any Sheriff or Steward D e p u t e or Substi tute ' or J u s t i c e of t h e Peace of t h a t part of t he United K ingdom of Grea t Br i t a in anel I r e l and called Scot land for any crime; or offence against the; bars of t h a t pa r t of the U n i t e d Kingdom shall escape go in to reside or be or shall be supposed or suspected to be in any county or place in England or in I r e l and it shal l be kiwfut for any Jus t i ce of t h e Peace in and for the county or place into which such person shall escape or go or where he shall reside 1 or be or shall be supposed or suspected to be to indorse (K) the said warrant in m a n n e r hereinbefore ment ioned anel which said warrant, so indorsed shall be a sufficient au thor i ty to t he person or persons b r ing ing the same and to all persons to whom the same Avas originally directed a n d also to all constables and other peace officers of t he county or place whe re t h e Justice; so indors ing such Avarrant shall have ju r i s ­ dict ion to execute t h e saiel Avarrant in t he county or place where i t is

so indorsed by apprehend ing the person agains t Avhom such Avarrant

shall have been g ran ted and to convey h i m in to t h e coimty or place in Scot land nex t adjoining to t ha t pa r t of t he United K i n g d o m called

E n g l a n d and car ry h i m before t h e Sheriff or S teward D e p u t e or Subs t i tu te or one of t he Jus t ices of t h e Peace of such county or place; and which said Sheriff Steward Depute e>r Subs t i tu te or Jus t i ce of the- Peace is hereby authorized anel required the reupon to proceed in such anel t he same m a n n e r according to the rules and pract ice of t he laAV of Scotland as if t h e said offender had been apprehended wi th in such county or place in Scot land last aforesaid.

10. A n d be it enacted Tha t if i t shall be m a d e to appear to any Jus t i ce of t h e Peace by the oath or affirmation of any credible person t h a t any person wi th in t he jur isd ic t ion of such Jus t i ce is l ikely te) give mater ia l evidence for the prosecut ion and will no t vo luntar i ly appear for the; purpose of be ing examined as a Avitness a t t he t ime and place appointed for t h e examina t ion of t h e witnesses aga ins t t he accused

such J u s t i c e m a y and is hereby requi red to issue his summons ( L I )

t o such person unde r his h a n d and seal r equ i r ing h im to be and appear at a t ime and place ment ioned in such summons before the said J u s ­ tice or before such o ther J u s t i c e or Jus t i ces of the Peace for the same

county

county r id ing division l iber ty ci ty bo rough or place as shall t h e n he the re to testify wha t he shall know concern ing the charge made aga ins t such accused pa r ty and if any person so summoned shall neglect or refuse to appear at t h e t ime and place appointed by t h e said summons and no j u s t excuse shal l be offered for such neglect or refusal t hen (after proof upon oa th or affirmation of such s u m m o n s h a v i n g been served upon such person e i ther personal ly or by leaving the same for h i m w i t h some person a t his last or most usua l place of abode) it shall be lawful for t he J u s t i c e or Jus t i ces before w h o m such person should have appeared to issue a Avarrant ( L 2 ) u n d e r his or the i r h a n d s and seals to b r i n g and have such person a t a t ime and place to be therein ment ioned before t he J u s t i c e AVIIO issued t h e said summons or before

such o ther J ustice or Jus t i ces of t h e Peace for t h e same coun ty r id ing

division l iber ty city bo rough or place as shall t h e n be the re to testify as aforesaid and which said w a r r a n t m a y if necessary be backed as hereinbefore is ment ioned in order to i ts be ing executed out of t h e ju r i sd ic t ion of t he J u s t i c e AAIIO shall have issued t h e same or if such

J u s t i c e shall be; satisfied by evidence upon oath or affirmation t h a t it

is p robable t h a t such person AVI'11 no t a t t end to give evidence w i t h o u t be ing compelled so to do t h e n instead of i ssuing such summons it shall be lawful for h i m to issue his Avarrant (L 3) in t he iirst ins tance and which if necessary m a y be backed as aforesaid and if on t he appearance of such person so summoned before t h e said las t -ment ioned Jus t i ce or Jus t i ces e i ther in obedience to t h e said s u m m o n s or upon being b r o u g h t before h i m or t h e m by v i r tue of t he said Avarrant such person shall refuse to be examined upon oath or affirmation concerning the premises or shall refuse to t ake such oa th or affirmation or hav ing t aken such oa th or affirmation shall refuse to ansAver such quest ions concerning the premises as shall t h e n be p u t to h i m Avithout offering any j u s t excuse for such refusal any Jus t i ce of t he Peace t h e n presen t a n d h a v i n g the re ju r i sd ic t ion m a y by Avarrant ( L i ) unde r his hand and seal commit the person so refusing to t h e common gaol or house of correct ion for t he county r id ing division l iber ty city borough or place where such person so refusing shall t hen be the re to r emain a n d be impr isoned for any t i m e not exceeding seven days unless he shall in t h e m e a n t i m e consent to be examined a n d to ansAver concerning t h e premises .

1 7 . A n d be it enacted Tha t in al l cases where any person shall
appear or be b rough t before any Jus t i ce or Jus t i ces of t he Peace

charged wi th an indictable offence Avhether commit ted in E n g l a n d or

Wales or upon the h igh seas or on land beyond t h e sea or w h e t h e r

such person appear voluntar i ly u p o n s u m m o n s or have been appre­ hended wi th or wi thou t Avarrant or be in custody for t he same or any o ther offence such J ust ice or Jus t i ces before he or they shall commi t such accused person to pr i son for t r ia l or before he or t hey shal l admi t h i m to bai l shall in t he presence of such accused person AVIIO shall be at liberty to p u t ques t ions to any witness produced against, h i m t a k e t he s t a t emen t (M) on oa th or affirmation of those who shall know t h e facts and c i rcumstances of t he case and shall p u t t he same in to wr i t ing and such deposit ions shall be read over to a n d signed respectively by t he Avitnesses who shall have been so examined and shal l be signed also by t h e J u s t i c e or Jus t i ces t a k i n g t h e same a n d t h e Jus t i ce or Jus t i ces before w h o m any such wi tness shall appear to be examined as aforesaid shall before such witness is examined ad­ minis te r to such wi tness t he usua l oa th or affirmation which such J u s t i c e or Jus t i ces shall have full power and au thor i ty to do and if upon the t r ia l of the person so accused as first aforesaid it shall be proved by the oath or affirmation of any credible witness t ha t any person whose deposit ion shall have been t aken as aforesaid is dead or so ill as

not

no t to bo able to t ravel and if also i t be proved t h a t such deposit ion was t a k e n in t he presence of t he person so accused and tha t lie or his counsel or a t to rney had a full oppor tun i ty of cross-examining- t he wi tness t h e n if such deposit ion pu rpo r t to be signed by t h e J u s t i c e by or before w h o m the same purpor t s to have been t a k e n i t shall be lawful to read such deposit ion as evidence in such prosecut ion wi thou t fur ther proof thereof unless it shall be; proved t h a t such deposit ion

was no t in fact signed by t h e Jus t i ce p u r p o r t i n g to sign t h e same.

18. A n d be i t enacted Tha t after t h e examina t ions of all t h e

witnesses on t h e pa r t of the prosecut ion as aforesaid shall have been completed t he Jus t i ce of t he Peace or one of t h e Jus t i ces by or before; whom such examina t ion shall have been so completed as aforesaid shall wi thout requ i r ing t h e a t t endance of t h e witnesses read or cause to be read to the accused the deposit ions t a k e n agains t h i m and shall say to h i m these words or words to t he l ike e f f e c t — " H a v i n g hea rd t he " evidence do you wish to say a n y t h i n g in answer to the charge ? you " are not obliged to say a n y t h i n g unless you desire to do so b u t what - " ever you say will be t a k e n down in wr i t ing and m a y be given in evi- " dence against you upon your t r ia l " and whatever t h e pr isoner shall t h e n say in answer there to shal l be t a k e n down in wr i t ing (N) and.

read over to h im and shall be signed by the said J u s t i c e or Jus t ices

and kept wi th t he deposit ions of t h e witnesses and shal l be t r a n s m i t t e d

wi th t h e m as hereinafter men t ioned and afterwards u p o n t h e t r i a l of t he said accused person t h e same may if necessary be given in evidence agains t h i m wi thou t fur ther proof thereof unless it shall be proved that t he J u s t i c e or Jus t i ces p u r p o r t i n g to sign t h e same did no t in fact s ign t he same Provided always t h a t the said Jus t i ce or Jus t i ces before such accused person shall m a k e any s t a t emen t shall staff! to h i m a n d give h i m clearly to unde r s t and tha t be has no th ing to hope from any promise of favor and n o t h i n g to fear from any t h r ea t which m a y have been holden out t o h im to induce him to m a k e any admission or confession of his gui l t b u t t h a t wha t ­ ever he shall t hen say m a y be given in evidence aga ins t h i m upon his t r ia l no twi th s t and ing such promise or t h r ea t P rov ided never the­ less t h a t n o t h i n g here in enacted or conta ined shal l prevent t he prose­ cutor in any case from giving in evidence any admission or confession or o ther s ta tement of t h e person accused or charged m a d e at any t ime which by law7 would be admissible as evidence agains t such person.

19. A n d be it declared and enacted Tha t t he room or bu i ld ing

in which such Jus t i ce or Jus t ices shall t ake such examina t ions and

s ta tement as aforesaid shall no t be deemed an open Cour t for t h a t purpose and it shal l bo lawful for such Jus t i ce or Jus t i ces in his or the i r discret ion to order t h a t no person shall have access to or be or r emain in such room or bu i ld ing wi thou t t he consent or permiss ion of such Jus t i ce or Jus t ices if it appear to h im or t h e m t h a t t h e ends of jus t ice will be best answered by so doing.

20. A n d be if enac ted Tha t i t shal l be lawful for t h e Jus t i ce or Jus t i ces before whom any such witness shall be examined as aforesaid to b ind by recognizance (O 1 ) t h e prosecutor and every such witness to appear at t he nex t Cour t of Oyer and Terminer or Gaol Delivery or Superior Cour t of a Coun ty Pa la t ine or Cour t of Genera l or Q u a r t e r Sessions of t h e Peace a t which t h e accused is to be t r i ed t h e n and the re to prosecute or to prosecute and give evidence or to give evidence as t h e ease m a y be against t he p a r t y accused which said recognizance

shal l pa r t i cu la r ly specify t he profession a r t mys te ry or t r ade of every

such person en te r ing in to or acknowledging the same toge ther wi th his chr is t ian and su rname and the par ish township or place of his residence and if his residence be in a city town or borough t h e recog­ nizance shall also pa r t i cu la r ly specify t he n a m e of t he street and the

n u m b e r

n u m b e r (if any) of t he house in which he resides and whe the r he is

owner or t e n a n t thereof or a lodger the re in and t h e said recognizance be ing duly acknowledged by t h e person so en te r ing in to the same shall be subscribed by t h e Jus t i ce or Jus t i ces before w h o m t h e same shall be acknowledged and a not ice (O 2) thereof s igned by the said Jus t i ce or Jus t i ces shall at t h e same t ime be given to t he person bound the reby and t h e several recognizances so t aken together w i th t h e wr i t t en informat ion (if any) t h e deposit ions t he s ta tement of t he accused and the recognizance of bai l (if any) in every such case shall be delivered by the said Jus t i ce or Jus t i ces or he or they shall cause t he same to be delivered to t he proper officer of t he Cour t in which the t r ia l is to be h a d before or at t h e opening of t h e said Cour t on t h e first day of t he s i t t ing thereof or a t such o ther t ime as t h e J u d g e

Recorder or J u s t i c e who is to preside in such Cour t a t t he said t r ia l

shall order and appoin t Provided always t h a t if any such witness shal l refuse to enter into or acknowledge such recognizance as afore­ said it shall be lawful for such J u s t i c e or Jus t i ces of t he Peace by his or the i r w a r r a n t ( P 1) to commit h i m . t o the common gaol or house of correct ion for t he county r id ing division l iberty city borough or place in which the accused pa r ty is to be t r ied the re to be imprisoned and safely kep t un t i l after t he t r i a l of such accused p a r t y unless in the m e a n t i m e such witness shal l duly enter in to such recogni­ zance as aforesaid before some one J u s t i c e of t h e Peace for t h e coun ty r id ing division l iber ty city bo rough or place in which such gaol or house of correct ion shal l be s i tuate Provided never theless t h a t if af terwards from w a n t of sufficient evidence in t h a t behalf or o ther cause t h e Jus t i ce or Jus t i ces before w h o m such accused p a r t y shall have been b rough t shall no t commit h i m or hold h im to bai l for t he offence wi th which he is charged i t shall be lawful for such J u s t i c e or Jus t i ces or any o ther J u s t i c e or Jus t i ces of t he same coun ty r id ing division l iber ty ci ty borough or place by his or the i r order ( P 2) in t h a t behalf t o order and direct t h e keeper of such common gaol or house of correct ion where such wi tness shall be so in custody to dis­ charge h im from t h e same and such keeper shall t he r eupon for thwi th discharge h im accordingly.

18. A n d be i t enacted Tha t this Act shall apply for t he protec­
t ion of all persons for a n y t h i n g done in t h e execut ion of the i r office in

all cases in which by the provisions of any Act or A c t s of Pa r l i amen t

the

t h e several S ta tu tes or pa r t s of S ta tu te s hereinbefore ment ioned and by th is Act repealed would have been appl icable if th is Act had not passed.

1'.). A n d be i t enacted That th is A c t m a y be amended or repealed

by any Act to be passed in t h e presen t Session of Pa r l i amen t .