Continuance of Laws, etc. Act 1742
The Continuance of Laws, etc. Act 1742 (16 Geo. 2. c. 26) was an act of the Parliament of the United Kingdom that continued various older enactments.
Background
[edit]In the United Kingdom, acts of Parliament remain in force until expressly repealed.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
[edit]Section 1 of the act continued the Exportation Act 1730 (4 Geo. 2. c. 29), as continued by the Customs, etc. Act 1736 (10 Geo. 2. c. 27), from the expiration of the act until the end of the next session of parliament after 24 June 1750.[2]
Section 2 of the act continued the Importation Act 1721 (8 Geo. 1. c. 12) "as relates to the importation of wood and timber, and of the goods commonly known as Lumber, therein enumerated, from any of His Majesty's British plantations or colonies in America, in the manner therein mentioned, from all customs and impositions whatsoever granted to His Majesty, his heirs, or successors" from the expiration of the act until the end of the next session of parliament after 24 June 1750.[2]
Section 3 of the act continued section 12 of the Taxation, etc. Act 1725 (12 Geo. 1. c. 12) "as relates to the additional number of one hundred hackney chairs therein mentioned" from the expiration of the act until the end of the next session of parliament after 24 June 1760.[2]
Section 4 of the act continued the Stamps (No. 2) Act 1710 (9 Ann. c. 16)[b], section 158 of the Taxation Act 1711 (10 Ann.c. 18)[c], the Hackney Chairs Act 1712 (12 Ann. c. 15)[d] and the Hackney Coaches, etc. Act 1715 (1 Geo. 1. St. 2. c. 57)[e] as relates to "the jurisdiction, powers and authorities of the commissioners for licensing and regulating hackney coaches, and of justices of the peace, and to the rules, penalties and forfeitures, orders and directions therein mentioned" from the expiration of those enactments until the end of the next session of parliament after 24 June 1760.[2]
Section 5 of the act provided that due to revenue losses caused by unauthorized hawkers selling legally-stamped printed materials, after 1 May 1743, anyone selling newspapers or publications related to stamp duties without proper authorization could be arrested, and upon conviction face up to three months imprisonment, with informants receiving a twenty-shilling reward per conviction.[2]
Section 6 of the act amended the Linen Manufacture Act 1695 (7 & 8 Will. 3 regarding Irish flax and hemp imports, providing that all hemp or flax products genuinely manufactured in Ireland could be imported directly into England duty-free after 24 June 1743, provided the ship's master or chief officer presented certificates from Irish port officials verifying the goods' Irish origin and manufacture.[2]
Section 7 of the act provided that due to the Mary Anne Birchet ship, commanded by Captain Joseph Creagh, being loaded with 964 bushels of white salt by Bryan Blundell of Liverpool in August 1741 for transport to Limerick, Ireland (with appropriate duty bonds posted), but subsequently losing 164 bushels to stormy weather, all bonds related to the duty on those lost 164 bushels would be released and cancelled despite any contrary provisions.[2]
Legacy
[edit]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
[edit]- ^ Start of session.
- ^ This is the citation in The Statutes of the Realm.
- ^ This is the citation in The Statutes of the Realm.
- ^ This is the citation in The Statutes of the Realm.
- ^ The margin note cites this as "1 Geo. 1. c. 57".
References
[edit]- ^ Imprisonment in Medieval England. CUP Archive. p. 345.
- ^ a b c d e f g Britain, Great (1765). The Statutes at Large: From Magna Charta to ... 1869 ... Vol. 18. Joseph Bentham. pp. 132–136.
- ^ 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.