Continuance, etc., of Acts, 1757

Continuance, etc., of Acts, 1757

Act of Parliament
Parliament of Great Britain
Long title	An Act for making perpetual several Acts therein mentioned, for preventing Theft and Rapine on the Northern Borders of England; for the more effectual punishing wicked and evil-disposed Persons going armed in Disguise, and doing Injuries and Violences to the Persons and Properties of His Majesty's Subjects, and for the more speedy bringing the Offenders to Justice; and also Two Clauses, to prevent the cutting or breaking down the Bank of any River or Sea Bank, and to prevent the malicious cutting of Hop-binds; for the more effectual Punishment of Persons maliciously setting on Fire any Mine, Pit, or Delph of Coal or Canal Coal; and of Persons unlawfully hunting or taking any Red or Fallow Deer, in Forests or Chases; or beating or wounding the Keepers or other Officers in Forests, Chases, or Parks; and also so much of an Act as relates to the Power of appealing to the Circuit Courts in Civil Cases in Scotland.
Citation	31 Geo. 2. c. 42
Territorial extent	Great Britain
Dates
Royal assent	20 June 1758
Commencement	1 December 1757 [a]
Repealed	15 July 1867
Other legislation
Amends	See § Continued enactments
Repealed by	Statute Law Revision Act 1867
Relates to	See Expiring laws continuance acts
Status: Repealed
Text of statute as originally enacted

The Continuance, etc., of Acts, 1757 (31 Geo. 2. c. 42) was an act of the Parliament of Great Britain that made perpetual various older acts.

Background

In the United Kingdom, acts of Parliament remain in force until expressly repealed. Many acts of parliament, however, contained time-limited sunset clauses, requiring legislation to revive enactments that had expired or to continue enactments that would otherwise expire. ^[1]

Provisions

Continued enactments

Section 1 of the act made the Moss Troopers Act 1662 (14 Cha. 2. c. 22) ^[b] and the related clauses in the Perpetuation of Various Laws Act 1732 (6 Geo. 2. c. 37), as continued by the Perpetuation of Various Laws Act 1732 (6 Geo. 2. c. 37), the Universities (Wine Licences) Act 1743 (17 Geo. 2. c. 40) and the Continuance of Laws (No. 2) Act 1750 (24 Geo. 2. c. 57), perpetual. ^[2]

Section 2 of the act made the Criminal Law Act 1722 (9 Geo. 1. c. 22), as continued by the Continuance of 9 Geo. 1. c. 22 Act 1725 (12 Geo. 1. c. 30), the Perpetuation of Various Laws Act 1732 (6 Geo. 2. c. 37), the Offences Against Persons and Property Act 1736 (10 Geo. 2. c. 32), the Universities (Wine Licences) Act 1743 (17 Geo. 2. c. 40) and the Continuance of Laws (No. 2) Act 1750 (24 Geo. 2. c. 57), perpetual. ^[2]

Section 4 of the act made section 5 of the Perpetuation of Various Laws Act 1732 (6 Geo. 2. c. 37)"to prevent the cutting or breaking down the bank of any river or sea bank", as continued by the Offences Against Persons and Property Act 1736 (10 Geo. 2. c. 32), the Universities (Wine Licences) Act 1743 (17 Geo. 2. c. 40) and the Continuance of Laws (No. 2) Act 1750 (24 Geo. 2. c. 57), perpetual. ^[2]

Section 4 of the act made section 6 of the Perpetuation of Various Laws Act 1732 (6 Geo. 2. c. 37) "to prevent the malicious cutting of hop-binds growing on poles in any plantation of hops", as continued by the Offences Against Persons and Property Act 1736 (10 Geo. 2. c. 32), the Universities (Wine Licences) Act 1743 (17 Geo. 2. c. 40) and the Continuance of Laws (No. 2) Act 1750 (24 Geo. 2. c. 57), perpetual. ^[2]

Section 5 of the act made section 4 of the Offences Against Persons and Property Act 1736 (10 Geo. 2. c. 32) "for the more speedy and easy bringing the offenders against the said act to justice, and the persons who shall conceal, aid, abet or succour such offenders; and for making satisfaction and amends to all and every the person and persons, their executors and administrators, for the damages they shall have sustained or suffered by any offender or offenders against the said act; and for the encouragement of persons to apprehend and secure such offender and offenders; and for the better and more impartial trial of any indictment or information which shall be found commenced or prosecuted for any of the offences committed against the said act, together with all restrictions, limitations and infringements by the said act directed, to all cases of offences committed by unlawfully and maliciously breaking down or cutting down the bank or banks of any river, or any sea bank, whereby any lands shall be overflowed or damaged; or by unlawfully and maliciously cutting any hop-binds growing on poles in any plantation of hops; or by wilfully and maliciously setting on fire, or causing to be set on fire, any mines, pit, or delph of coal, or cannel coal", as continued by the Universities (Wine Licences) Act 1743 (17 Geo. 2. c. 40) and the Continuance of Laws (No. 2) Act 1750 (24 Geo. 2. c. 57), perpetual. ^[2]

Section 6 of the act made so much of the Offences Against Persons and Property Act 1736 (10 Geo. 2. c. 32) "for the more effectual punishment of persons maliciously setting on fire any mine, pit or delph of coal, or cannel coal, or unlawfully hunting or taking any red or fallow deer in forests or chaces, or beating or wounding the keepers, or other officers, in forests, chaces or parks", as continued by the Universities (Wine Licences) Act 1743 (17 Geo. 2. c. 40) and the Continuance of Laws (No. 2) Act 1750 (24 Geo. 2. c. 57), perpetual. ^[2]

Section 7 of the act made so much of the Heritable Jurisdictions (Scotland) Act 1746 (20 Geo. 2. c. 43) "as relates to the power of appealing to the circuit court in civil cases" perpetual. ^[2]

Subsequent developments

The Select Committee on Temporary Laws, Expired or Expiring, appointed in 1796, inspected and considered all temporary laws, observing irregularities in the construction of expiring laws continuance acts, making recommendations and emphasising the importance of the Committee for Expired and Expiring Laws. ^[3]

The whole act was repealed by section 1 of, and the schedule to, the Statute Law Revision Act 1867 (30 & 31 Vict. c. 59).

Notes

1. Start of session.
2. This is the chapter in The Statutes of the Realm .

References

1. Imprisonment in Medieval England. CUP Archive. p. 345.
2. Britain, Great (1766). Statutes at Large ...: (43 v.) ... From Magna charta to 1800. Vol. 22. pp. 392–395.
3. Commons, Great Britain Parliament House of (1803). Reports from Committees of the House of Commons which Have Been Printed by Order of the House: And are Not Inserted in the Journals [1715-1801. Vol. 14. pp. 34–118.