c. 55. Expenses of Prosecutions Act. be committed and tried at county. 14 & 15 Vict. to be executed, and until Her Majesty shall be pleased to direct a Commission of Oyer and Terminer and Gaol Delivery to be executed within the same, shall commit for safe custody to the gaol or house of correction of such county of a city or town any person charged with any offence committed within the limits of such county of a city or town not triable at the Court of Quarter Sessions of the said county of a city or county prisoners may of a town, the commitment shall specify that such person is committed pursuant to this act, and the recognizances to appear to prosecute and assizes held for give evidence taken by such justice, justices, or coroner shall in all such adjoining cases be conditioned for appearance, prosecution, and giving evidence at the Court of Oyer and Terminer and Gaol Delivery for the next adjoining county; and whenever any such person shall be so committed, the keeper of such gaol or house of correction shall deliver to the judges of assize for such next adjoining county a calendar of all prisoners in his custody so committed, in the same way that the sheriff of the county would be by law required to do if such prisoners had been committed to the common gaol of such adjoining county; and the justice, justices, or coroner by whom persons charged as aforesaid may be committed, shall deliver or cause to be delivered to the proper officer of the court the several examinations, informations, evidence, recognizances, and inquisitions relative to such persons at the time and in the manner that would be required in case such persons had been committed to the gaol of such adjoining county by a justice or justices, or coroner, having authority so to commit, and the same proceedings shall and may be had thereupon at the Sessions of Oyer and Terminer or General Gaol Delivery for such adjoining county as in the case of persons charged with offences of the like nature committed within such county. Justices to declare when gaols or houses of correction are fit prisons for persons com mitted for trial. XX. It shall be lawful for the justices of the peace, at their General or Quarter Sessions for any county, riding, or division, by order made for that purpose, to declare that any gaol or house of correction for such county, riding, or division, is a fit prison for persons committed for trial at the assizes for such county, or for the county of such riding or division; and every such order shall be signed by the chairman of such sessions, and transmitted to one of Her Majesty's principal Secretaries of State; and in case such Secretary of State see fit to approve such order, then, after the approval thereof under the hand of such Secretary of State, it shall be lawful for any justice or justices of the peace, or coroner, acting for such county, riding, or division, to commit for safe custody for trial at the next assizes, to such gaol or house of correction, any person charged with any offence triable at the assizes for such county, or for the county of such riding or division; and the commitment shall specify that such person is committed under the authority of this act; and the recognizances to appear to prosecute and give evidence taken by such justice, justices, or coroner shall in all such cases be conditioned for appearance, prosecution, and giving evidence at the Court of Oyer and Terminer and Gaol Delivery for the county; and the keeper of such gaol or house of correction shall deliver to the judges of assize a calendar of all prisoners in custody for trial at such assizes, in the same way that the sheriff of the county would be by law required to do if such prisoners had been committed to the common gaol of such county; and the justice, justices, or coroner by whom persons charged as aforesaid may be committed shall deliver or cause to be delivered to the proper officer of the Court of Assize the several examinations, informations, evidence, recognizances, and inquisitions relative to such per c. 55. sons, at the time and in the manner that would be required in case such 14 & 15 Viet. persons had been committed for trial as aforesaid to such common gaol, and the same proceedings shall and may be had thereupon at the Sessions of Oyer and Terminer or General Gaol Delivery for such county as in the case of persons so committed to such common gaol. Expenses of Prosecutions Act. Prisoners so committed to XXI. All persons who may under the authority of this act be committed to the gaol or house of correction of any county of a city or county of a town corporate for trial at the assizes to be holden for the next be removed to adjoining county, or to any gaol (other than the common gaol of the county gaol county) or house of correction for any county, riding, or division for trial previous to trial. at the assizes for such county, or for the county of such riding or division, shall in due time, without writ of habeas corpus or other writ for that purpose, be removed by the gaoler or keeper of such gaol or house of correction, with their commitments and detainers, to the common gaol of such county, in order that they may be tried at the assizes to be holden for such county, and such removal shall not be deemed or taken to be an escape. to be deemed in XXII. Every prisoner so removed shall, for and during the time of Prisoners while such removal, and for and during the time of his being removed back to under removal the gaol or house of correction from which he may have been brought, proper legal when and as often as he shall for any reason be so removed back, and custody. also for and during such time as he may be detained in the county gaol, and until he shall be delivered by due course of law, be to all intents and purposes deemed and considered to be in the proper legal custody, notwithstanding he may in effecting such removal have been taken or detained out of the jurisdiction of the county of a city or town, or out of the jurisdiction of the county, riding, or division, to the gaol or house of correction of which he may have been originally committed, into any other jurisdiction, or out of the county to the common gaol of which he is removed into or through any other county or division of a county; and no action or other proceeding shall or may be maintained by such prisoner, or by any other person, against the gaoler or keeper of the gaol or house of correction from which such prisoner is removed, or against the gaoler or keeper of the common gaol of the county, by reason or in consequence of such prisoner having been taken out of the jurisdiction. of such county of a city or town, county, riding, or division, from the gaol or house of correction of which such prisoner is removed, into any other jurisdiction, or out of such county to the common gaol of which he is removed into or through any other county or division of a county. c. 52, and 51 Geo. 3, XXIII. All the provisions of the act of the fifty-first year of King The provisions George the Third, chapter one hundred, applicable to convictions in of 38 Geo. 3, pursuance of the provisions of the act of the thirty-eighth year of King George the Third, chapter fifty-two, and to the execution of the sen- c. 100, as to tences passed upon any convicts on such convictions, and all the execution of provisions of the said acts respectively concerning the payment of sentences, and expenses, shall be applicable in all cases of persons who may be tried in as to costs, or removed for trial to any adjoining county in pursuance of the provi- act. sions of this act, in like manner as in cases of persons tried in or removed for trial to any adjoining county in pursuance of the provisions of the said act of the thirty-eighth year of King George the Third. XXIV. For the purposes of this act the counties named in the second What to be column of schedule (C.) to the act of the session holden in the fifth and adjoining sixth years of King William the Fourth, chapter seventy-six, shall be county. VOL. V. extended to this deemed the next c. 55. 14 & 15 Vict. considered next adjoining the counties of cities and towns corporate in the first column of the same schedule in conjunction with which they are respectively named. Expenses of Extent of act. XXV. This act shall not extend to Ireland or to Scotland. 10 Geo. 4, c. 7, 8. 24 ECCLESIASTICAL TITLES ASSUMPTION ACT. 14 & 15 Vict. Car. 60. An Act to prevent the Assumption of certain Ecclesiastical Titles in respect of W THEREAS divers of Her Majesty's Roman Catholic subjects have assumed to themselves the titles of archbishop and bishops of a pretended province, and of pretended sees or dioceses, within the United Kingdom, under colour of an alleged authority given to them for that purpose by certain briefs, rescripts, or letters apostolical from the see of Rome, and particularly by a certain brief, rescript, or letters apostolical purporting to have been given at Rome on the twenty-ninth of September one thousand eight hundred and fifty: and whereas by the act of the tenth year of King George the Fourth, chapter seven, after reciting that the Protestant Episcopal Church of England and Ireland, and the doctrine, discipline, and government thereof, and likewise the Protestant Presbyterian Church of Scotland, and the doctrine, discipline, and government thereof, were by the respective acts of Union of England and Scotland, and of Great Britain and Ireland, established permanently and inviolably, and that the right and title of archbishops to their respective provinces, of bishops to their sees, and of deans to their deaneries, as well in England as in Ireland, had been settled and established by law, it was enacted, that if any person after the commencement of that act other than the person thereunto authorized by law, should assume or use the name, style, or title of archbishop of any province, bishop of any bishopric, or dean of any deanery, in England or Ireland, he should for every such offence forfeit and pay the sum of one hundred pounds: and whereas it may be doubted whether the recited enactment extends to the assumption of the title of archbishop or bishop of a pretended province or diocese, or archbishop or bishop of a city, place, or territory, or dean of any pretended deanery in England or Ireland, not being the see, province, or diocese of any archbishop or bishop or deanery of any dean recognised by law; but the attempt to establish, under colour of authority from the See of Rome or otherwise, such pretended sees, provinces, dioceses, or deaneries, is illegal and void: and whereas it is expedient to prohibit the assumption of such titles in respect of any places within the United Kingdom: be it therefore declared and enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and 14 & 15 Vict. Commons, in this present Parliament assembled, and by the authority of the same, that c. 60. Ecclesiastical I. All such briefs, rescripts, or letters apostolical, and all and every the jurisdiction, authority, pre-eminence, or title conferred or pretended Assumption to be conferred thereby, are and shall be and be deemed unlawful and void. Act. II. And be it enacted, that if, after the passing of this act, any person or letters aposBriefs, rescripts, shall obtain or cause to be procured from the bishop or see of Rome, or tolical declared shall publish or put in use within any part of the United Kingdom, any unlawful and such bull, brief, rescript, or letters apostolical, or any other instrument void. or writing, for the purpose of constituting such archbishops or bishops Persons proof such pretended provinces, sees, or dioceses within the United Kingdom, curing, publishing, or putting or if any person, other than a person thereunto authorized by law in in use any such respect of an archbishopric, bishopric, or deanery of the United Church brief, &c., for of England and Ireland, assume or use the name, style, or title of arch- constituting bishop, bishop, or dean of any city, town, or place, or of any territory archbishops, bishops, &c., or district, (under any designation or description whatsoever), in the of pretended' United Kingdom, whether such city, town, or place, or such territory or provinces, secs, district be or be not the see or the province, or co-extensive with the or dioceses, province, of any archbishop, or the see or the diocese, or co-extensive liable to a with the diocese, of any bishop, or the seat or place of the church of for every offence. any dean, or co-extensive with any deanery, of the said United Church, the person so offending shall for every such offence forfeit and pay the penalties. sum of one hundred pounds, to be recovered as penalties imposed by the recited act may be recovered under the provisions thereof, or by action of debt at the suit of any person in one of Her Majesty's Superior Courts of Law, with the consent of Her Majesty's Attorney-General in England and Ireland, or Her Majesty's Advocate in Scotland, as the case may be. penalty of 1007. Recovery of Protestant III. This act shall not extend or apply to the assumption or use by Act not to any bishop of the Protestant Episcopal Church in Scotland exercising extend to episcopal functions within some district or place in Scotland of any bishops of the name, style, or title in respect of such district or place; but nothing Episcopal herein contained shall be taken to give any right to any such bishop to Church in assume or use any name, style, or title which he is not now by law Scotland. entitled to assume or use. IV. Be it enacted, that nothing herein contained shall be construed to Nothing to annul, repeal, or in any manner affect any provision contained in an act affect provisions passed in the eighth year of the reign of Her present Majesty, intituled of 7 & 8 Vict. An Act for the more effectual Application of Charitable Donations and c. 97. Bequests in Ireland. Vict. c. 85, repealed. LAW OF EVIDENCE AMENDMENT ACT. 14 & 15 VICT. CAP. 99. An Act to Amend the Law of Evidence.-[7th August, 1851.] WHEREAS it is expedient to amend the Law of Evidence in divers particulars 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: Recited proviso I. So much of section one of the act of the sixth and seventh years of in s. 1 of 6 & 7 Her present Majesty, chapter eighty-five, as provides that the said act shall "not render competent any party to any suit, action, or proceeding individually named in the record, or any lessor of the plaintiff, or tenant of premises sought to be recovered in ejectment, or the landlord or other person in whose right any defendant in replevin may make cognizance, or any person in whose immediate and individual behalf any action may be brought or defended, either wholly or in part," is hereby repealed. II. On the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or other proceeding in any court of justice, or before any person having by law, or by consent of parties, authority to hear, receive, and examine evidence, the parties thereto, and the persons in whose behalf any such suit, action, or other proceeding may be brought or defended, shall, except as hereinafter excepted, be competent and compellable to give evidence, either vivâ voce or by deposition, according to the practice of the court, on behalf of either or any of the parties to the said suit, action, or other proceeding. III. But nothing herein contained shall render any person who in any criminal proceeding is charged with the commission of any indictable offence, or any offence punishable on summary conviction, competent or compellable to give evidence for or against himself or herself, or shall render any person compellable to answer any question tending to criminate himself or herself, or shall in any criminal proceeding render any husband competent or compellable to give evidence for or against his wife, or any wife competent or compellable to give evidence for or against her husband. IV. Nothing herein contained shall apply to any action, suit, proceeding, or bill in any court of common law, or in any ecclesiastical court, or in either House of Parliament, instituted in consequence of adultery, or to any action for breach of promise of marriage. V. Nothing herein contained shall repeal any provision contained in chapter twenty-six of the statute passed in the session of Parliament holden in the seventh year of the reign of King William the Fourth and the first year of the reign of Her present Majesty. VI. Whenever any action or other legal proceeding shall henceforth be pending in any of the Superior Courts of Common Law at West |