Imatges de pàgina
PDF
EPUB

non-payment thereof, in every such case he shall be released from all further or other proceedings, civil or criminal, for the same cause.

XXIX. Provided always, and be it enacted, that in case These provisions the justices shall find the assault or battery complained of to not to apply to have been accompanied by any attempt to commit felony, or aggravated shall be of opinion that the same is, from any other circum

cases, &c. stance, a fit subject for a prosecution by indictment, they shall abstain from any judication thereupon, and shall deal with the case in all respects in the same manner as they would have done before the passing of this act: provided also, that nothing herein contained shall authorize any justices of the peace to hear and determine any case of assault or battery in which any questions shall arise as to the title to any lands, tenements or hereditaments, or any interest therein or accruing therefrom, or as to any bankruptcy or insolvency, or any execution under the process of any court of justice.

XXX. And be it enacted, that if any master of a merchant Punishment for vessel shall, during his being abroad, force any man on shore, the master of a or wilfully leave him behind in any of his majesty's colonies merchant vessel or elsewhere, or shall refuse to bring home with him again all

no forcing a seaman

ng home with him again ass on shore, or resuch of the men whom he carried out with him, as are in a fusing to bring cundition to return when he shall be ready to proceed on his him home. homeward-bound voyage, every such master shall be guilty of a misdemeanor, and being lawfully convicted thereof, shall be imprisoned for such term as the court shall award ; and all such offences may be prosecuted by indictment or by infor- Mode of trial, mation, at the suit of his Majesty's attorney general, in the &c. court of King's Bench, and may be alleged in the indictment or information to have been committed at Westminster in the county of Middlesex: and the said Court is hereby authorized to issue one or more commissions, if necessary, for the examination of witnesses abroad; and the depositions taken under the same shall be received in evidence on the trial of every such information.

XXXI. And be it enacted, that every accessary before the Provision for ac. fact to any felony punishable under this act, for whom no cessaries to of. punishment has been hereinbefore provided, shall be liable, at fences against the discretion of the court, to be transported beyond the seas this act. for any term not exceeding fourteen years nor less than seven years, or to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding three years; and every accessary after the fact to any felony punishable under this act (except murder) shall be liable to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding two years; and every person who shall counsel, aid, or abet the commission of any misdemeanor punishable under this act, shall be liable to be proceeded against and punished as a principal offender,

sea.

As to offences XXXII. And be it enacted, that all indictable offences against this act mentioned in this act, which shall be committed within the committed at

jurisdiction of the admiralty of England, shall be deemed to be offences of the same nature, and liable to the same punishments as if they had been committed upon the land in England, and may be dealt with, enquired of, tried, and deter

mined in the same manner as any other offences committed Not to affect the within the jurisdiction of the admiralty of England : provided laws relating to always that nothing herein contained shall alter or affect any the forces. of the laws relating to the government of his Majesty's land

or naval forces. Provision for XXXIII. And for the more effectual prosecution of ofoffences against fences punishable upon summary conviction by virtue of this act punish- this act, be it enacted, that where any person shall be charged able on sum

on the oath of a credible witness before any justice of the mary conviction,

peace with any such offence, the justice may summon the person charged to appear before any two justices of the peace at a time and place to be named in such summons, and if he shall not appear accordingly, then (upon proof of the due service of the summons upon such person by delivering the same to him), the justices may either proceed to hear and determine the case ex parte, or may issue their warrant for apprehending such person and bringing him before them; or the justice before whom the charge shall be made may (if he shall so think fit), issue such warrant

in the first instance, without any previous summons. Time for sum. XXXIV. Provided always, and be it enacted, that the mary proceed. prosecution for every offence punishable on summary con

viction by virtue of this act, shall be commenced within three calendar months after the commission of the offence,

and not otherwise. Form of con XXXV. And be it enacted, that the justices before whom viction. any person shall be summarily convicted of any offence

against this act, may cause the conviction to be drawn up in the following form of words, or in any other form of words to the same effect, as the case shall require; (that is to say),

ings.

“ Be it remembered, that on the day of in " the year of our Lord

, at

in the “ county of [or riding, division, liberty, city, " etc. as the case may be], A. O. is convicted before us [naming the justices], two of his majesty's justices of the peace for the said county or riding, etc.], “ for that he the said A. O. did [specify the offence, " and the time and place when and where the same was " committed, as the case may be]; and we the said jus“ tices adjudge the said A. 0. for his said offence to “ be imprisoned in the

and there kept to “ hard labour for the space of

[or, we ad

“ judge the said A. O, for his said offence to forfeit
" and pay the sum of ] [here state the amount of the
fine imposed], and also to pay the sum of for
“ costs, and in default of immediate payment of the
" said sums, to be imprisoned in the

for the
“ space of

unless the said sums shall be “ sooner paid [or, and we order that the said sums " shall be paid by the said A.O. on or before the day of

], and we direct that the " said sum of

fi. e. the amount of the fine] “ shall be paid to

of

aforesaid, in
“ which the said offence was committed, to be by him
“ applied according to the directions of the statute in
" that case made and provided; and we order that
“ the said sum of

for costs shall be paid to
C. D. (the party aggrieved]. Given under our hands

“ the day and year first above mentioned. XXXVI. And be it enacted, that no such conviction No certiorari, shall be quashed for want of form, or be removed by cer- &c. tiorari or otherwise into any of His Majesty's superior courts of record ; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same.

XXXVII. Provided always, and be it enacted, that no- Not to repeal thing in this act contained shall affect or alter any act, so far any act relating as it relates to the crime of high treason, or to any branch to high treasul, of the public revenue, or shall affect or alter any act for the the

ha the revenue, or prevention of smuggling, or any part of the act passed in

od in combinations, the sixth year of the present reign, intituled “An Act to “ repeal the Laws relating to the Combination of Workmen, " and to make other Provisions in lieu thereof."

XXXVIII, Provided also, and be it enacted, that nothing Not to extend in this act contained shall extend to Scotland or Ireland. to Scotland or

Ireland.

9 GEO. IV. Cap. 32. An Act for amending the Law of Evidence in certain cases.

[27th June, 1828.] Whereas it is expedient that Quakers and Moravians should be allowed to give evidence upon their solemn affirmation in all cases, criminal as well as civil ; and that, in prosecutions for forgery, the party interested should be rendered a competent witness: be it therefore enacted, by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons,

name is:

in this present parliament assembled, and by the authority Quakers or

of the same, that every Quaker or Moravian who shall be Moravians re. required to give evidence in any case whatsoever, criminal quired to give or civil, shall, instead of taking an oath in the usual form, evidence may, instead of be permitted to make his or her solemn affirmation or deoath, make claration in the words following ; that is to say, “ I, A. B. their solemn do solemnly, sincerely, and truly declare and affirm ;” which affirmation, said affirmation or declaration shall be of the same force which shall be and effect in all courts of justice, and other places where of the same effect in all

by law an oath is required, as if such Quaker or Moravian cases, civil or had taken an oath in the usual form; and if any person criminal. making such affirmation or declaration shall be convicted of Consequences having wilfully, falsely, and corruptly affirmed or declared of making false any matter or thing, which if the same had been sworn in affirmation.

the usual form would have amounted to wilful and corrupt perjury, every such offender shall be subject to the same pains, penalties, and forfeitures to which persons convicted

of wilful and corrupt perjury are or shall be subject. The party

II. And be it enacted, that on any prosecution by indict

ment or information, either at common law, or by virtue of forged, shall be an a competent

any statute, against any person, for forging any deed, writing, witness in pro

instrument, or other matter whatsoever; or for uttering or

ins secutions for disposing of any deed, writing, or other matter whatsoever, forgery. knowing the same to be forged; or for being accessary

before or after the fact to any such offence, if the same be a felony; or for aiding, abetting, or counselling the com

mission of any such offence, if the same be a misdemeanor; Notwithstand. no person shall be deemed to be an incompetent witness in ing any interest support of any such prosecution, by reason of any interest he may have in which such person may have or be supposed to have in deed, &c.

respect of such deed, writing, instrument, or other matter. Every punish. III. And whereas it is expedient to prevent all doubts ment for felony, respecting the civil rights of persons convicted of felonies after it has been

en not capital, who have undergone the punishment to which endured, shall have

the effect they were adjudged; be it therefore enacted, that where any of a pardon offender hath been or shall be convicted of any felony not under the great punishable with death, and hath endured or shall endure seal.

the punishment to which such offender hath been or shall be adjudged for the same, the punishment so endured hath and shall have the like effects and consequences as a pardon

under the great seal as to the felony whereof the offender Not to prevent was so convicted : provided always, that nothing herein conpunishment on tained, nor the enduring of such punishment, shall prevent subsequent or mitigate any punishment to which the offender might consiction,

otherwise be lawfully sentenced on a subsequent conviction

for any other felony. No misde. IV. And whereas there are certain misdemeanors which meanor (ex render the parties convicted thereof incompetent witnesses, cept perjury) and it is expedient to restore the competency of such parties shall render a party an in

in. after they have undergone their punishment; be it therefore enacted, that where any offender hath been or shall be con- competent witvicted of any such misdemeanor (except perjury or suborn- ness after he ation of perjury), and hath endured or shall endure the

he has undergone

the punislınent. punishment to which such offender hath been or shall be adjudged for the same, such offender shall not, after the punishment so endured, be deemed to be by reason of such misdemeanor an incompetent witness in any court or proceeding, civil or criminal.

11 Geo. IV. & 1 Wm. IV. c. 66. An Act for reducing into One Act all such Forgeries as shall

henceforth be punished with Death, and for otherwise amend

ing the Laws relative to Forgery. [23 July, 1830.] WHEREAS several offences relating to forged writings, and to other forged and counterfeit matters, and to false personation, false oaths, false entries, and other false matters, are now by virtue of several statutes punishable with death: and whereas it is expedient that none of those offences shall hereafter be punishable with death, unless the same shall be made punishable with death by this act; and also that the statutes concerning such of those offences, whether punishable with death or otherwise, as may more frequently or seriously affect the interests of his Majesty or his subjects, should be amended and consolidated into this act; Be it therefore enacted by the King'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, That where by any acts now in force

e by any acts now in force No forgeries or any person falsely making, forging, counterfeiting, erasing, or other kindred altering any matter whatsoever, or uttering, publishing, offer- offences which ing, disposing of, putting away, or making use of any matter are now capital, whatsoever, knowing the same to be falsely made, forged, shall continue counterfeited, erased, or altered, or any person demanding or so..! endeavouring to receive or have any thing, or to do or Capital by this

pressly made cause to be done any act, upon or by virtue of any matter aci. whatsoever, knowing such matter to be falsely made, forged, counterfeited, erased, or altered, would, according to the provisions contained in any of the said acts, be guilty of felony, and liable to suffer death as a felon; or where by any acts now in force any person falsely personating another, or falsely acknowledging any thing in the name of another, or falsely representing any other person than the real party to be such real party, or wilfully making a false entry in any book, account, or document, or in any manner wilfully falsifying any part of any book, account, or document, or wilfully making a transfer of any stock, annuity, or fund in the name

ex

« AnteriorContinua »