Continuance of Laws Act 1722

Continuance of Laws Act 1722

Act of Parliament
Parliament of Great Britain
Long title	An Act for continuing some Laws; and reviving others, therein mentioned; for exempting Apothecaries from serving Parish and Ward Offices, and upon Juries; and relating to Jurors; and to the Payment of Seamen's Wages; and the Preservation of Naval Stores and Stores of War; and concerning the Militia and Trophy-money; and against clandestine Running of uncustomed Goods; and for more effectual preventing Frauds relating to the Customs, and Frauds in mixing Silk with Stuffs to be exported.
Citation	9 Geo. 1. c. 8
Territorial extent	Great Britain
Dates
Royal assent	22 March 1723
Commencement	9 October 1722 [a]
Repealed	29 June 1875
Other legislation
Amends	See § Revived and continued enactments
Amended by	Unlawful Games Act 1728 Continuance of Laws Act 1734 Making of Sail Cloth, etc. Act 1741
Repealed by	Public Stores Act 1875
Relates to	See Expiring laws continuance acts
Status: Repealed
Text of statute as originally enacted

The Continuance of Laws Act 1722 (9 Geo. 1. c. 8) was an act of the Parliament of the United Kingdom that revived, continued and 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In the United Kingdom, acts of Parliament remain in force until expressly repealed.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

Revived and continued enactments

Section 1 of the act made the Exemptions of Apothecaries Act 1694 (6 & 7 Will. 3. c. 4) perpetual. ^[2]

Section 2 of the act continued the Estreats (Personal Representatives) Act 1692 (4 & 5 Will. & Mar. c. 24) as modified by the Perpetuation and Amendment of Laws Act 1704 (3 & 4 Ann. c. 18) ^[b] and continued by the Continuance of Laws Act 1711 (10 Ann. c. 14) ^[c] , as relates to jurors and to the returns and services of jurors, until the end of the next session of parliament after 7 years from the expiration of those enactments. ^[2]

Section 3 of the act revived and made perpetual from 25 March 1723 the Navy, etc. Act 1714 (1 Geo. 1. St. 2. c. 25) and amended the Embezzlement of Public Stores Act 1697 (9 Will. 3. c. 41) ^[d] providing that after 25 March 1723 any person caught stealing timber from public stores would be made to forfeit and pay under the terms of the act. ^[2]

Section 4 of the act provided that judges and justices may mitigate penalties for offenders by committing them to jail without bail until payment, ordering public whipping, or sentencing them to workhouses for up to six months at the court's discretion. ^[2]

Section 5 of the act provided that when disputes arise between informants or witnesses in cases related to the act, particularly regarding rights to forfeitures or penalties, the presiding judge or justices shall examine and determine the matter. ^[2]

Section 6 of the act revived and continued the Militia Act 1714 (1 Geo. 1. St. 2. c. 14) until the end of the next session of parliament after 3 years from 25 March 1273. ^[2]

Section 7 of the act amended section 3 of the Militia Act 1714 (1 Geo. 1. St. 2. c. 14), providing lieutenants and deputy lieutenants in England could appoint different lengths and sizes of muskets for foot soldiers in the militia, beyond the previously prescribed five-foot barrel length, while still requiring proper arms and accoutrements under the penalties mentioned in the original act. ^[2]

Section 8 of the act continued sections 3, 4, 6, 7 8, 10, 2 and 5 of the Adulteration of Coffee Act 1718 (5 Geo. 1. c. 11) until the end of the next session of parliament after 5 years from the expiration of those enactments. ^[2]

Section 9 of the act amended section 3 of the Silk Subsidies, Various Duties, Import of Furs, etc. Act 1721 (8 Geo. 1. c. 15) ^[e] , providing that export allowances for silk manufactures would only apply to products where at least two-thirds of the warp threads were either all silk or mixed with silk, to prevent fraud by manufacturers who previously added minimal silk only at edges to claim bounties contrary to the act's intent. ^[2]

Section 10 of the act provided that any person entering or shipping goods without the required silk content would forfeit the goods and be prosecuted for double their value, with the seizure and penalty to be handled as directed for other penalties under the act. ^[2]

Legacy

The last two sections of the act were continued until the end of the next session of parliament after 29 September 1734 by section 4 of the Unlawful Games Act 1728 (2 Geo. 2. c. 28).

The last two sections of the act were continued until the end of the next session of parliament after 25 March 1742 by section 3 of the Continuance of Laws Act 1734 (8 Geo. 2. c. 18).

The last two sections of the act were continued until the end of the next session of parliament after 25 March 1742 by section 3 of the Making of Sail Cloth, etc. Act 1741 (15 Geo. 2. c. 35).

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 18 of, and the second schedule to, the Public Stores Act 1875 (38 & 39 Vict. c. 25).

Notes

1. Start of session.
2. This is the citation in The Statutes at Large .
3. This is the citation in The Statutes at Large .
4. This is the citation in The Statutes of the Realm .
5. The margin note incorrectly cites this as "8 Geo. 1. c. 25".

References

1. Imprisonment in Medieval England. CUP Archive. p. 345.
2. Britain, Great (1765). The Statutes at Large: From Magna Charta to ... 1869 ... Vol. 10. Joseph Bentham. pp. 33–36.
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.