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Statute Law Repeals - Law Commission - Ministry of Justice

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6.104 As explained above in relation to the 1694 Act, the City’s debts were cleared by<br />

1832 when the City <strong>of</strong> London Orphans Fund was effectively wound up.<br />

Accordingly the 1747 Act has long been obsolete.<br />

St George’s Fields, Surrey: Right <strong>of</strong> Common Extinguished Act (1772)<br />

6.105 This 1772 Act 178 was passed in order to extinguish a right <strong>of</strong> common over land in<br />

St George’s Fields in Southwark. The preamble to the 1772 Act recorded the<br />

need to move the existing house <strong>of</strong> correction 179 in Southwark to a new site. The<br />

existing house <strong>of</strong> correction was said to be “too small, unhealthy, inconvenient,<br />

and unsafe, and Persons committed to the [house <strong>of</strong> correction] for Felony<br />

cannot be kept separate from those committed for small Misdemeanours, which<br />

greatly tends to the Ruin and entire Corruption <strong>of</strong> the latter”. The preamble also<br />

recorded that a suitable site for a new house <strong>of</strong> correction had been found. An<br />

acre <strong>of</strong> open land in St George’s Fields called White Lyon (or Hangman’s Acre)<br />

near the Kings Bench prison had been earmarked for the purpose. The only<br />

problem was that this land was subject to a right <strong>of</strong> common. Since the land could<br />

not be built on whilst this right <strong>of</strong> common remained in force, an Act <strong>of</strong> Parliament<br />

was needed to extinguish that right.<br />

6.106 Accordingly the 1772 Act provided that all rights <strong>of</strong> common and pasture over this<br />

acre <strong>of</strong> land should be extinguished with immediate effect. This enabled building<br />

work on the house <strong>of</strong> correction to start, the work being completed in early<br />

1773. 180 The Act achieved its purpose upon taking effect at Royal Assent and<br />

thereupon become spent.<br />

Theatre Royal, Covent Garden Act (1776)<br />

6.107 The Theatre Royal, Covent Garden is today better known as the Royal Opera<br />

House. It opened in 1732 and was primarily a playhouse until 1847 when the<br />

Theatre was re-named as the Royal Italian Opera, being finally re-named as the<br />

Royal Opera House in 1892. 181 The 1776 Act 182 was passed to incorporate a<br />

fund, to be known as The Society established for the Relief <strong>of</strong> indigent Persons<br />

belonging to the Theatre Royal, Covent-garden. The fund amounted to £4300<br />

and had been collected in or around 1765 “for the Support <strong>of</strong> such Performers<br />

belonging to the said Theatre as, through Age, Infirmity, or Accident, should be<br />

obliged to retire from the Stage; and to the occasional Relief <strong>of</strong> Performers in<br />

case <strong>of</strong> Sickness”. 183 The Act appointed a committee to manage the fund.<br />

178 12 Geo.3 c.65.<br />

179 Houses <strong>of</strong> correction provided for the custody <strong>of</strong> persons convicted <strong>of</strong> comparatively minor<br />

<strong>of</strong>fences. By 1865 all distinctions between houses <strong>of</strong> correction and prisons had been<br />

abolished: Prison Act 1865 (28 & 29 Vict. c.126).<br />

180 This house <strong>of</strong> correction remained in use until 1798 when its inmates were transferred to<br />

Horsemonger Lane Gaol. The building was later used as a soap factory.<br />

181 The Royal Opera House is quite separate from another ancient theatre in the same area<br />

that still exists, the Theatre Royal, Drury Lane.<br />

182 16 Geo.3 c.31.<br />

183<br />

The 1776 Act, preamble. The fund was also intended to benefit the widows and children <strong>of</strong><br />

deceased performers.<br />

200

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