User:JKessvinJ/沙盒/嗣位法案
| 國會法令 | |
 | |
| Parliament of Great Britain | |
|---|---|
| 詳題 | An Act to enforce the Execution of an Act of this Session of Parliament, for granting to His Majesty several Rates and Duties upon Houses, Windows, or Lights.[2] |
| 引稱 | 20 Geo. 2. c. 42 |
| 日期 | |
| 御准 | 17 June 1747 |
| 廢除 | 1 January 1979 |
| 其他法例 | |
| 修訂法例 | |
| 廢除法例 | |
現狀：已廢除 | |
《1746年威爾斯及貝里克法令》（Wales and Berwick Act 1746，喬治二世第20年第42章法令），是大不列顛法律，訂明英格蘭之法定定義為英格蘭、威爾斯，及特威德河畔贝里克三地。
貝里克位處英蘇邊界附近，在1603年兩國君位合併前曾多次易主。1551年兩國就粗暴求婚所簽之諾漢姆條約（Treaty of Norham）訂明貝里克為自治鎮，獨立於兩國之外[3]，但城鎮實際上仍由英格蘭所控制，實行英格蘭法律。[4]
貝里克之歸屬爭議導致1707年兩國合併後
The Wales and Berwick Act 1746 (20 Geo. 2. c. 42) was an Act of the Parliament of Great Britain that created a statutory definition of England as including England, Wales、及特威德河畔贝里克.
The walled garrison town of Berwick changed hands numerous times before the crowns of England and Scotland were united in 1603.
Provisions
The Act created a statutory definition of England as including England, Wales and Berwick-upon-Tweed. This definition applied to all Acts passed before and after the Act's coming into force, unless a given Act provided an alternative definition. According to Blackstone, the Act "perhaps superfluously" made explicit what was previously implicit.[5]
The town of Berwick was under the control of the English and Scottish crowns before the crowns were united in 1603.[6]
The Act union of the two kingdoms occurred in 1707 and had historically been a royal burgh in Scotland. The Act confirmed that English and not Scottish law would apply to Berwick.
Of the original Act's four sections, only section 3 related to Wales and Berwick; sections 1 and 2 regulated collection of window tax and section 4 permitted Quaker officials to replace the prescribed oath of fidelity with a declaration, owing to their objection to oath-taking. The short title 'Wales and Berwick Act 1746' was introduced after the other sections had been repealed.[來源請求]
Repealing
The Act was repealed with regard to Wales by the Welsh Language Act 1967, and in its entirety by the Interpretation Act 1978.[7]
The Local Government Act 1972, which came into force on 1 April 1974, explicitly stated that in future legislation 'England' would consist of the 46 metropolitan and non-metropolitan counties established by the Act (which included Berwick) and that 'Wales' would consist of the eight Welsh counties established by the Act.[8] This also had the effect of ending debate on whether Monmouthshire was a part of Wales, or of England. The administration of law had been attached to one of the English law circuits, Oxford, and the Local Government Act 1933 had listed both Monmouthshire and the county borough of Newport as parts of England. The Interpretation Act 1978 restated the provisions of the 1972 Act with respect to legislation passed after 1 April 1974 and noted explicitly that in legislation enacted before then England included Berwick and Monmouthshire; and also that in legislation prior to 1967 it still included Wales.[9]
See also
References
- ^ The citation of this Act by this short title was authorised by the Short Titles Act 1896, section 1 and the first schedule. Due to the repeal of those provisions it is now authorised by section 19(2) of the Interpretation Act 1978.
- ^ The Statutes: Revised Edition, 1871, vol 2, p 513.
- ^ Rapin, Paul. Acta Regia: Volume 3. London: Le Clerc. 1727: 373 [8 January 2023].
- ^ Burrow, James. R. v Cowle, 1759. Reports of Cases adjudged in the Court of King's Bench, Volume 2. London: Worrall and Tovey. 1776: 834 [8 January 2023].
- ^ Blackstone, William; Stewart, James. The rights of persons, according to the text of Blackstone: incorporating the alterations down to the present time. Edmund Spettigue. 1839: 92 [19 November 2010].
- ^ McKivigan, John R. Forgotten Firebrand: James Redpath and the Making of Nineteenth-Century America. Cornell University Press. 2018-07-05: 1. ISBN 978-1-5017-3226-3 （英语）.
- ^ Interpretation Act 1978, Schedule 3
- ^ Interpretation Act 1978, Section 5 and Schedule 1
- ^ Interpretation Act 1978, Schedule 2, paragraph 5(a)