Imatges de pàgina
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1. This Act may be cited as the Trial of Lunatics Act, 1883.

Short title.

where accused

omission

2. (1.) Where in any indictment or information any act or omis- Special verdict sion is charged against any person as an offence, and it is given in found guilty, evidence on the trial of such person for that offence that he was but insane at insane, so as not to be responsible, according to law, for his actions date of act or at the time when the act was done or omission made, then, if it charged, and appears to the jury before whom such person is tried that he did orders therethe act or made the omission charged, but was insane as aforesaid upon. at the time when he did or made the same, the jury shall return a special verdict to the effect that the accused was guilty of the act or omission charged against him, but was insane as aforesaid at the time when he did the act or made the omission.

(2.) Where such special verdict is found, the Court shall order the accused to be kept in custody as a criminal lunatic, in such place and in such manner as the Court shall direct till Her Majesty's pleasure shall be known; and it shall be lawful for Her Majesty thereupon, and from time to time, to give such order for the safe custody of the said person during pleasure, in such place and in such manner as to Her Majesty may seem fit.

(3.) In all such cases any two justices of the peace of the county, city, or place where such person shall have been tried, or shall be kept in custody, shall have the like power as is given by the Act of the third and fourth years of Her present Majesty, chapter fifty-four, in the cases therein mentioned, to inquire into and ascertain the last legal settlement of such person, and also to make the like order or orders for the payment of such person's maintenance and other charges as therein mentioned.

(4.) All provisions in any existing Act or in any rules or orders made in pursuance of any existing Act, having reference to a person or persons acquitted on the ground of insanity, shall apply to a person or persons in respect of whom a special verdict is found under this Act.

3. (1.) This Act shall extend to Ireland with the following Extent of Act. modifications, that is to say, the words "the Lord Lieutenant

shall be substituted for " Her Majesty," and the words "the pleasure

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of the Lord Lieutenant" for " Her Majesty's pleasure."

(2.) This Act shall not extend to Scotland.

4. (1.) The enactments mentioned in the schedule to this Act are Repeal. hereby repealed to the extent mentioned in the third column thereof, but this repeal shall not affect any order made or thing done in pursuance of any enactment so repealed: and any such crder may be carried into effect, revoked, or varied, as if made under this Act.

(2.) Any unrepealed enactment referring to any enactment hereby repealed, shall be construed to apply to the corresponding provisions of this Act.

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Enactments in schedule

repealed.

Saving.

CHAPTER 39.

An Act for further promoting the Revision of the Statute Law by repealing certain Enactments which have ceased to be in force or have become unnecessary.

[25th August 1883.] WHEREAS, with a view to the revision of the Statute Law,

and particularly to the continuation of the Revised Edition. of the Statutes, it is expedient that certain enactments (mentioned in the schedule to this Act) which may be regarded as spent, or have ceased to be in force otherwise than by express and specific repeal by Parliament, or have, by lapse of time or otherwise, become unnecessary, should be expressly and specifically repealed:

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, as follows:

1. The enactments described in the schedule to this Act are hereby repealed, subject to the exceptions and qualifications in the schedule mentioned:

Provided that where any enactment not comprised in the schedule has been repealed, confirmed, revived, or perpetuated by any enactment hereby repealed, such repeal, confirmation, revivor, or perpetuation shall not be affected by the repeal effected by this Act:

and the repeal by this Act of any enactment or schedule shall not affect any enactment in which such enactment or schedule has been applied, incorporated, or referred to ;

nor shall such repeal of any enactment affect any right to any hereditary revenues of the Crown, or affect any charges thereupon, or prevent any such enactment from being put in force for the collection of any such revenues, or otherwise in relation thereto;

and this Act shall not affect the validity, invalidity, effect, or consequences of anything already done or suffered,-or any existing

status or capacity,-or any right, title, obligation, or liability already acquired, accrued, or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim, or demand,—or any indemnity,--or the proof of any past act or thing;

nor shall this Act affect any principle or rule of law or equity, or established jurisdiction, form or course of pleading, practice, or procedure, or existing usage, franchise, liberty, custom, privilege, restriction, exemption, office, appointment, payment, allowance, emolument, or benefit, notwithstanding that the same respectively may have been in any manner affirmed, recognised, or derived by, in, or from any enactment hereby repealed;

nor shall this Act revive or restore any jurisdiction, office, duty, drawback, fee, payment, franchise, liberty, custom, right, title, privilege, restriction, exemption, usage, practice, procedure, or other matter or thing not now existing or in force;

and this Act shall not extend to repeal any enactment so far as the same may be in force in any part of Her Majesty's Dominions out of the United Kingdom, except where otherwise expressed in the said schedule.

2. This Act may be cited as the Statute Law Revision Act, 1883. Short title.

SCHEDULE.

A description or citation of a portion of an Act is inclusive of the words, section, or other part, first or last mentioned, or otherwise referred to as forming the beginning, or as forming the end, of the portion comprised in the description or citation.

32 & 33 Vict. c. 1.

c. 4.

c. 5.

c. 6.

c. 8.

c. 10.

in part.

VICTORIA.

An Act to apply certain Sums out of the Consolidated Fund to the Service of the years ending the Thirty-first Day of March, One thousand eight hundred and sixty-eight, One thousand eight hundred and sixty-nine, and One thousand eight hundred and seventy.

An Act for punishing Mutiny and Desertion, and for the better payment of the Army and their Quarters.

An Act for the Regulation of Her Majesty's Royal Marine Forces

while on Shore.

An Act to repeal so much of the Regulation of Railways Act, 1868, as relates to the approval by Meetings of incorporated Railway Companies of Bills and Certificates for conferring further powers on those Companies.

An Act to apply the Sum of Seventeen million one hundred thousand Pounds out of the Consolidated Fund to the Service of the Year ending the thirty-first day of March, One thousand eight hundred and seventy.

An Act for authorising the Removal of

Prisoners from One Colony to another for in part; namely,the purposes of Punishment

Sections Three and Eight.

Repealed as to all Her Majesty's Dominions.

32 & 33 Vict.-cont.

c. 11.

in part.

c. 14.

in part.

c. 15.

in part.

c. 16.

c. 18.

in part.

c. 19.

in part.

c. 20.

c. 22.

c. 24.

in part.

c. 27.

in part.

c. 29.

c. 33.

in part.

c. 34.

in part.

An Act for amending the Law relating to

the Coasting Trade and Merchant Ship-in part; namely,ping in British Possessions

Section Five.

Repealed as to all Her Majesty's Dominions.

An Act to grant certain Duties of Customs
and Inland Revenue and to repeal and
alter other Duties of Customs and Inland
Revenue -

in part; namely,—

Sections One to Fourteen, Sixteen, Seventeen, and Thirty-four to Thirty-nine.

Schedules (A.) to (E.).

An Act to remove Doubts as to the Qualifi-
cation of Persons holding Civil Service
Pensions, or receiving Superannuation
Allowances, to sit in Parliament -

in part; namely,—

Section Two from "or of " to end of that section.

An Act to amend so much of the Act of the Session of the Sixth and Seventh Years of the Reign of Her present Majesty, chapter Thirty-five, as provides that Norfolk Island is to be part of the Diocese of Tasmania.

Repealed as to all Her Majesty's Dominions.

An Act to amend the Lands Clauses Consoli

dation Act

Section Two.

An Act for amending the Law relating to
Mining Partnerships within the Stannaries
of Devon and Cornwall, and to the Court
of the Vice-Warden of the Stannaries

}in part ; namely,—

in part; namely,—

Section Thirty-nine to "be it enacted, that ". An Act to remove Doubts as to the Validity of certain Statutes made by the Convocation of the University of Oxford.

An Act for raising the Sum of Two million three hundred thousand Pounds by Exchequer Bonds for the Service of the Year ending on the Thirty-first day of March, One thousand eight hundred and seventy.

An Act to repeal certain Enactments relating'

to Newspapers, Pamphlets, and other Pub-in part; namely,lications, and to Printers, Typefounders,

and Reading Rooms

Section One from "and this " to end of that section.

An Act to amend the Law for licensing Beer-
houses, and to make certain Alterations
with respect to the Sale by retail of Beer,
Cider, and Wine -

Sections Ten and Twenty-one.

The Second Schedule.

in part; namely,—

An Act to render valid certain Title Deeds for Inam Lands.
Repealed as to all Her Majesty's Dominions.

An Act to provide for the Collection of
Judicial Statistics in Scotland

Section Six.

of } in part; namely,—

An Act to amend the Law concerning the"

Appointment of Deputies by Stipendiary in part; namely,

Magistrates

Section One.

32 & 33 Vict.-cont.

c. 37.

c. 39.

c. 41.

in part.

c. 43.

in part.

c. 44.

in part.

c. 45.

in part.

c. 47.

in part.

c. 53.

in part.
c. 54.

in part.

c. 58.

in part.

c. 59.

in part.

c. 62.

in part.

c. 63.

in part.

An Act to authorise the Appointment of District Prothonotaries of
the Court of Common Pleas of the County Palatine of Lancaster,
and to provide for the better Despatch of Business therein.
An Act to make provision for the better Government and Adminis-
tration of Hospitals and other endowed Institutions in Scotland.
An Act for amending the Law with respect
to the Rating of Occupiers for short terms, in part; namely,—
and the making and collecting of the Poor's in part; namely,-

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Section Sixteen from "and the twelfth" to the end of that section.

An Act to provide for the Payment of Diplo in part; namely,— matic Salaries, Allowances, and Pensions

Section Four, the first paragraph.

An Act to make better Provision respecting

Greenwich Hospital, and the Application in part; namely,of the Revenues thereof

Sections Two, Ten, and Twelve.

The Schedule.

An Act to amend the Law relating to the Re

payment of Loans to Poor Law Unions

e-} in part; namely,—

Section Six to "thenceforth" and from "(Seal of the Poor
Law Board)" to "eight hundred and ".

An Act to provide for the Discharge of
the Duties heretofore performed by High

Constables, and for the Abolition of such in part; namely,--
Office, with certain exceptions

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Investments for Saving Banks and Post in part; namely,-
Office Savings Banks

Section Two from "from time" to "such annuities".

Sections Three and Eight.

The Schedules.

An Act for the Abolition of Imprisonment

for Debt, for the Punishment of Fraudu- in part; namely,lent Debtors, and for other purposes

Section Seven.

An Act to amend the Metropolitan Poor }in part; namely,—

Act, 1867

Section One from "and so much" to "repealed;".

Section Five from " and the seventeenth" to end of that section.
Section Eight from "but this" to end of that section.

Section Nine to "repealed, and ".

Sections Ten and Twenty.

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