45 & 46 Vict. c. 50.-Sections one hundred and ninety to one hundred and ninetyfour (both inclusive) of the Municipal Corporations Act, 1882, (a) shall for the purpose of this Act be deemed to form part of the Acts in this schedule. BANKRUPTCY ACT, 1890. 53 & 54 VICT. CAP. 71. An Act to amend the Law of Bankruptcy.-[18th August, 1890.] c. 62. 26. Section eleven of the Debtors Act, 1869, (b) shall have effect as if Penal prothere were substituted therein for the words "if within four months next visions of 32 & 33 Vict. before the presentation of a bankruptcy petition against him" the words "if within four months next before the presentation of a bankruptcy petition by or against him, or in case of a receiving order made under section one hundred and three of the Bankruptcy Act, 1883, before the date of the order." 8. 85. 27. (1.) There shall be repealed so much of section eighty-five of the Amendment Act of the session held in the twenty-fourth and twenty-fifth years of of 24 & 25 Her present Majesty, chapter ninety-six, intituled "An Act to consolidate Vict. c. 96, and amend the statute law of England and Ireland relating to larceny and other similar offences," as provides that no person shall be liable to be convicted of any of the misdemeanours mentioned in sections seventyfive to eighty-four of that Act (being frauds by agents, bankers, or factors) if he shall have first disclosed the same in any compulsory examination or deposition before any court on the hearing of any matter in bankruptcy or insolvency. (2.) A statement or admission made by any person in any compulsory examination or deposition before any court on the hearing of any matter in bankruptcy shall not be admissible as evidence against that person in any proceeding in respect of any of the misdemeanours referred to in the said section eighty-five. (a) These sections will be found in Vol. 15, App., pp. ix. and x. STATUTES AND PARTS OF STATUTES AFFECTING THE CRIMINAL LAW, PASSED IN THE SESSION OF PARLIAMENT OF 1891. Power to apprentice or dispose of child. Short title and extent of Act. REFORMATORY AND INDUSTRIAL SCHOOLS ACT, 1891. 54 & 55 VICT. CAP. 23. An Act to assist the Managers of Reformatory and Industrial Schools in advantageously launching into useful Careers the Children under their Charge. [3rd July, 1891.] Be it 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. If any youthful offender or child detained in or placed out on licence from a certified reformatory or industrial school conducts himself well, the managers of the school may, with his own consent, apprentice him, or dispose of him in, any trade, calling, or service, or by emigration, notwithstanding that his period of detention has not expired, and such apprenticing or disposition shall be as valid as if the managers were his parents. Provided that where he is to be disposed of by emigration, and in any case unless he has been detained for twelve months, the consent of the Secretary of State shall also be required for the exercise of any power under this section. 2. This Act may be cited as "The Reformatory and Industrial Schools Act, 1891," and it shall not apply to Ireland. Arrest and execution of process on board ex empted mail ships. MAIL SHIPS ACT, 1891. 54 & 55 VICT. CAP. 31. An Act to enable Her Majesty in Council to carry into effect Conventions which may be made with Foreign Countries respecting Ships engaged in Postal Service.-[21st July, 1891.] 4. (1.) Where this section applies to a convention with a foreign State, and an exempted mail ship to which this section applies (a) is in a port in the United Kingdom, no person shall be arrested without warrant on board such ship, and before any process civil or criminal authorising the arrest of any person who is on board such ship is executed against that person the following provisions of this section shall be observed; that is to say, (a) Exempted mail ships to which the section applies are ships whether British or foreign the owners of which have given security to the satisfaction of the High Court for the purposes of the Mail Ships Act, 1891, in accordance with sect. 3 of the Act. c. 31. Mail Ships (a.) written notice of the intention to arrest a person who is, or is 51 & 55 VICT. suspected to be, on board the ship, stating the hour at which, if necessary, the ship will be searched, shall, if it is a ship of a foreign State and there is at the port a consulate of that State, be left at the consulate, addressed to the consular officer: (b.) it shall be the duty of the master upon demand, if the said person is on board his ship, to enable the proper officer to arrest him: (c.) if the officer is unable to arrest the said person he may, but if it is a foreign ship only after the expiration of such time after notice was left at the consulate as is specified in the convention, search the ship for such person, and if he is found may arrest him. (2.) The ship may be delayed for the purposes of this section for the time specified in the convention, but not for any longer time. (3.) If the master of a ship refuses to permit a search of the ship in accordance with this section, any officer of customs may detain the ship, and such master shall be liable to a fine of five hundred pounds. (4.) This section shall apply to the arrest of the master in like manner as in the case of any other person. 6. (1.) Where the convention with a foreign State provides that any Application of provisions of the convention similar to those contained in this Act shall in Act to public ships. any cases apply to a public ship of a foreign State when employed as a mail ship, it shall be lawful for Her Majesty the Queen to agree that the like provisions shall apply to a public ship of Her Majesty in the like cases when employed as a mail ship, and to give effect to such agreement. (2.) An Order in Council applying this Act as regards a Convention with a foreign State may, if it seems to Her Majesty in Council to be consistent with the convention so to do, apply this Act as regards a public ship of that foreign State when employed as a mail ship in the cases authorised by the convention, and this Act shall apply accordingly, as if such ship were an exempted mail ship belonging to a private owner, and any person may be arrested on board such ship accordingly. 9. In this Act The expression "mail bag" means a mail of letters, or a box, or The expression "master of a ship" includes any person in charge of a The expression "ship of a foreign State means a ship entitled to sail under the flag of a foreign State; The expression "arresting authority" means any court, authority, or officer having power to arrest or detain a ship, or to arrest a person on board a ship, or to order such arrest or detention, or to order the execution of any process, civil or criminal, for the arrest of a person on board any ship; The expression "postal officer" means any person employed in the business of the Post Office of the United Kingdom or a British possession or foreign State, as the case may be, whether employed by the Postmaster-General, or the chief of the Post Office of the foreign State or by any person under him, or on behalf of any such Post Office. 10. This Act may be cited as "The Mail Ships Act, 1891." Definitions. Short title. 54 & 55 VICT. c. 31. Mail Ships SCHEDULE. BRITISH POSSESSIONS TO WHICH ACT IS APPLICABLE ONLY UPON THE GOVERNMENT Penalty for hawking stamps. Certain offences in relation to dies and stamps provided by Commis sioners to be felonies. STAMP DUTIES MANAGEMENT ACT, 1891. 54 & 55 VICT. CAP. 38. An Act to consolidate the Law relating to the Management of Stamp 6. (1.) If any person, whether licensed to deal in stamps or not, hawks or carries about for sale or exchange, any stamps, he shall in addition to any other fine or penalty to which he may be liable incur a fine of twenty pounds. (2.) In default of payment of the fine, on summary conviction the offender shall be imprisoned for any term not exceeding two months. (3.) All stamps which are found in the possession of the offender shall be forfeited, and shall be delivered to the Commissioners, to be disposed of as they think fit. (4.) Any person may arrest a person found committing an offence against this section, and take him before a justice having jurisdiction where the offence is committed, who shall hear and determine the matter. Offences relating to Stamps. 13. Every person who does, or causes or procures to be done, or knowingly aids, abets, or assists in doing, any of the acts following; that is to say, (1.) Forges a die or stamp; (2.) Prints or makes an impression upon any material with a forged die; (3.) Fraudulently prints or makes an impression upon any material from a genuine die; (4.) Fraudulently cuts, tears, or in any way removes from any material any stamp, with intent that any use should be made of such stamp or of any part thereof; (5.) Fraudulently mutilates any stamp with intent that any use should be made of any part of such stamp; (6.) Fraudulently fixes or places upon any material or upon any stamp, any stamp or part of a stamp which, whether fraudulently or not, has been cut, torn, or in any way removed from any other material, or out of or from any other stamp ; (7.) Fraudulently erases or otherwise either really or apparently removes from any stamped material any name, sum, date, or other matter or thing whatsoever thereon written, with the intent that any use should be made of the stamp upon such material; c. 38. (8.) Knowingly sells or exposes for sale or utters or uses any forged 54 & 55 VICT. stamp, or any stamp which has been fraudulently printed or impressed from a genuine die; (9.) Knowingly, and without lawful excuse (the proof whereof shall lie on the person accused) has in his possession any forged die or stamp or any stamp which has been fraudulently printed or impressed from a genuine die, or any stamp or part of a stamp which has been fraudulently cut, torn, or otherwise removed from any material, or any stamp which has been fraudulently mutilated, or any stamped material out of which any name, sum, date, or other matter or thing has been fraudulently erased or otherwise either really or apparently removed, shall be guilty of felony, and shall on conviction be liable to be kept in penal servitude for any term not exceeding fourteen years, or to be imprisoned with or without hard labour for any term not exceeding two years. Stamp Duties 14. Every person who without lawful authority or excuse (the proof Making paper whereof shall lie on the person accused) in imitation of (a.) makes or causes or procures to be made, or aids or assists in paper used for stamp making, or knowingly has in his custody or possession, any paper duties. in the substance of which shall appear any words, letters, figures, marks, lines, threads, or other devices peculiar to and appearing in the substance of any paper provided or used by or under the direction of the Commissioners for receiving the impression of any die, or any part of such words, letters, figures, marks, lines, threads, or other devices, and intended to imitate or pass for the same; or (b.) causes or assists in causing any such words, letters, figures, marks, lines, threads, or devices as aforesaid, or any part of such words, shall be guilty of felony, and shall on conviction be liable to be kept 15. Every person who without lawful authority or excuse (the proof Possession of whereof shall lie on the person accused) purchases or receives or knowingly paper, plates, has in his custody or possession or dies used for stamp (a.) any paper manufactured and provided by or under the direction of duties. (b.) any plate, die, dandy-roller, mould, or other implement peculiarly shall be guilty of a misdemeanour, and shall on conviction be liable to be imprisoned with or without hard labour for any term not exceeding two years. 16. On information given before a justice upon oath that there is just Proceedings cause to suspect any person of being guilty of any of the offences afore- for detection said, such justice may, by a warrant under his hand, cause every house, of forged room, shop, building, or place belonging to or occupied by the suspected person, or where he is suspected of being or having been in any way engaged or concerned in the commission of any such offence, or of dies, &c. |