Act of Parliament | |
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Long title | An Act for making perpetual the several Acts therein mentioned, for the better Regulation of Juries; and for empowering the Justices of Session or Assizes, for the Counties Palatine of Chester, Lancaster, and Durham, to appoint a Special Jury, in Manner therein mentioned; and for continuing the Act for regulating the Manufacture of Cloth in the West Riding of the County of York, except a Clause therein contained; and for continuing an Act for the more effectual punishing wicked and evil-disposed Persons going armed in Disguise, and for other Purposes therein mentioned; and to prevent the cutting or breaking down the Bank of any River, or any Sea Bank; and to prevent the malicious cutting of Hop-binds; and for continuing an Act made in the Thirteenth and Fourteenth Years of the Reign of King Charles the Second, for preventing Theft and Rapine on the Northern Borders of England; and for reviving and continuing certain Clauses in Two other Acts, made for the same Purpose. |
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Citation | 6 Geo. 2. c. 37 |
Territorial extent | Great Britain |
Dates | |
Royal assent | 13 June 1733 |
Commencement | 16 January 1733 [a] |
Repealed | 15 July 1867 |
Other legislation | |
Amends | See § Revived and continued enactments |
Amended by | |
Repealed by | Statute Law Revision Act 1867 |
Relates to | See Expiring laws continuance acts |
Status: Repealed | |
Text of statute as originally enacted |
The Perpetuation of Various Laws Act 1732 (6 Geo. 2. c. 37) was an act of the Parliament of the United Kingdom that made perpetual, revived and continued various older enactments.
In the United Kingdom, acts of Parliament remain in force until expressly repealed.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]
Section 1 of the act made the Juries Act 1729 (3 Geo. 2. c. 25) and the Juries Act 1730 (4 Geo. 2. c. 7) perpetual. [2]
Section 2 of the act provided that justices in the counties palatine of Chester, Lancaster and Durham could, upon motion by the Crown, prosecutors, defendants, or plaintiffs in legal proceedings, order and appoint a special jury to be struck for trials in their respective courts, following the same procedures as special juries used in Westminster courts. [2]
Section 3 of the act continued the Cloth Manufacturer Act 1724 (11 Geo. 1. c. 24), from the expiration of the act until the end of the next session of parliament after 1 September 1740, except "as restrains any person, not having served seven years as an apprentice to the trade or broad clothing, or not having exercised and used such trade for the space of two years before the commencement of the said act, except as therein is excepted, from making or causing to be made any broad cloth in the said west riding, under the penalties therein mentioned". [2]
Section 4 of the act continued 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), from the expiration of the act until the end of the next session of parliament after 1 September 1736. [2]
Section 5 of the act continued the provided that any person who, from 24 June 1733 onwards, unlawfully and maliciously broke down or cut down river banks or sea banks causing lands to be overflowed or damaged, would upon conviction be adjudged guilty of felony and suffer death without benefit of clergy. [2]
Section 6 of the act provided that any person who, from 24 June 1733 onwards and during the continuance of the Criminal Law Act 1722 (9 Geo. 1. c. 22), unlawfully and maliciously cut hop-binds growing on poles in any hop plantation would upon conviction be adjudged guilty of felony and suffer death without benefit of clergy. [2]
Section 7 of the act continued the Moss Troopers Act 1662 (14 Cha. 2. c. 22) [b] from the expiration of the act until the end of the next session of parliament after 1 September 1744. [2]
Section 8 of the act provided that the Moss Troopers Act 1662 (14 Cha. 2. c. 22) [c] would be deemed as a public act. [2]
Section 9 of the act revived and continued the Moss Troopers Act 1666 (18 & 19 Cha. 2. c. 3) [d] as provided that "the benefit of clergy is taken away from great, known and notorious thieves and spoil-takers in the counties of Northumberland and Cumberland, or either of them, during the continuance of the said act, who shall be duly convicted for theft done or committed within the said counties, or either of them, or otherwise; that it should and might be lawful for the justices of the assizes and commissioners of Oyer and Terminer or gaol delivery, before whom such offenders should be convicted within the said counties, or either of them, to transport or cause to be transported the said offenders, and every of them, into any of his Majesty's dominions in America, there to remain and not return" and the Moss Troopers Act 1677 (29 & 30 Cha. 2. c. 2) as provided that "the several justices of the peace of the said respective counties of Northumberland and Cumberland are impowered from time to time, at the respective quarter-sessions, to take good and sufficient security of the person or persons by them employed in the said service for the preservation of the said respective counties from theft and rapine, to answer the damages sustained by any person or persons by his or their neglect or default therein, and to pay and satisfy the same within four months after that proof thereof should have been made by the oath of one or more credible witness or witnesses, before the justices of the peace of the said respective counties, at the next quarter-sessions in the respective county (which oath or oaths the said justice or justices are thereby authorized to administer) so as the goods stolen were entred in one of the books to be kept for that purpose, within the space of forty eight hours after the same should have been stolen or gone: and it is thereby enacted, that books should be kept for that end in every market town of the said respective counties, and at such other convenient places therein, and by such person or persons as the said justices of the peace in the said respective counties, at their general sessions of the peace, should order or appoint, and also that the said several justices of the peace of the said respective counties, at the general quarter sessions of the peace for the said counties respectively, should yearly, or every two years at the farthest, in open court, make choice of and appoint such person or persons, as they should respectively think fit, for the said counties respectively, to be employed in the said service" from 24 June 1733 until the end of the next session of parliament after 1 September 1744. [2]
Section 10 of the act provided that the clauses of the Moss Troopers Act 1666 (18 & 19 Cha. 2. c. 3) [e] and the Moss Troopers Act 1677 (29 & 30 Cha. 2. c. 2) continued in section 9 of the act would be deemed as public acts. [2]
So much of the act as relates to the Moss Troopers Act 1662 (14 Cha. 2. c. 22) [f] or "for the more effectual prevention of theft and rapine upon the northern borders of England" was continued from the expiration of those enactments until the end of the next session of parliament after 24 June 1751 by section 1 of the Universities (Wine Licences) Act 1743 (17 Geo. 2. c. 40).
Section 5 of the act "that if any person or persons, during the continuance of the said act made in the said ninth year of the reign of his said late majesty King George the First, shall unlawfully and maliciously break or cut down the bank or banks of any river, or any sea banks, whereby any lands shall be overflowed or damaged, every such person being thereof lawfully convicted, shall be adjudged guilty of felony, and shall suffer death, without benefit of clergy", was continued from the expiration of that enactment until the end of the next session of parliament after 24 June 1751 by section 4 of the Universities (Wine Licences) Act 1743 (17 Geo. 2. c. 40). [3]
Section 6 of the act "that if any person or persons, during the continuance of the said act made in the ninth year of the reign of his said late majesty King George the First, shall unlawfully and maliciously cut any hop-binds, growing on poles in any plantation of hops, every such person or persons, being thereof lawfully convicted, shall be guilty of felony, and shall suffer death without benefit of clergy" was continued from the expiration of that enactment until the end of the next session of parliament after 24 June 1751 by section 5 of the Universities (Wine Licences) Act 1743 (17 Geo. 2. c. 40). [3]
Section 6 of the act "to prevent the malicious cutting of hop-binds growing on poles in any plantation of hops" was continued from the expiration of that enactment until the end of the next session of parliament after 1 September 1757 by section 4 of the Continuance of Laws (No.2) Act 1750 (24 Geo. 2. c. 57).
Section 6 of the act "to prevent the malicious cutting of hop-binds growing on poles in any plantation of hops" was continued from the expiration of that enactment until the end of the next session of parliament after 1 September 1757 by section 4 of the Continuance of Laws (No.2) Act 1750 (24 Geo. 2. c. 57).
So much of the act as relates to the Moss Troopers Act 1662 (14 Cha. 2. c. 22) [g] was made perpetual by section 1 of the Continuance, etc., of Acts, 1757 (31 Geo. 2. c. 42).
Section 5 of the act "to prevent the cutting or breaking down the bank of any river or sea bank" was made perpetual by section 3 of the Continuance, etc., of Acts, 1757 (31 Geo. 2. c. 42).
Section 6 of the act "to prevent the malicious cutting of hop-binds growing on poles in any plantation of hops" was made perpetual by section 4 of the Continuance, etc., of Acts, 1757 (31 Geo. 2. c. 42).
The Select Committee on Temporary Laws, Expired or Expiring, appointed in 1796, inspected and considered all the temporary laws, observed irregularities in the construction of expiring laws continuance acts, making recommendations and emphasising the importance of the Committee for Expired and Expiring Laws. [4]
The whole act was repealed by section 1 of, and the schedule to, the Statute Law Revision Act 1867 (30 & 31 Vict. c. 59).