non-payment thereof, in every such case he shall be released from all further or other proceedings, civil or criminal, for the same cause. cases, &c. 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 circumstance, 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. a merchant vessel forcing a seaman fusing to bring him home. on shore, or re 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 or elsewhere, or shall refuse to bring home with him again all such of the men whom he carried out with him, as are in condition to return when he shall be ready to proceed on his 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 fact to any felony punishable under this act, for whom no punishment has been hereinbefore provided, shall be liable, at the discretion of the court, to be transported beyond the seas 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, G G Provision for accessaries to of fences against this act. As to offences against this act committed at sea Not to affect the laws relating to the forces. Provision for offences against this act punish able on summary conviction. Time for sum. mary proceedings. Form of conviction. XXXII. And be it enacted, that all indictable offences mentioned in this act, which shall be committed within the 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 determined in the same manner as any other offences committed within the jurisdiction of the admiralty of England: provided always that nothing herein contained shall alter or affect any of the laws relating to the government of his Majesty's land or naval forces. XXXIII. And for the more effectual prosecution of offences punishable upon summary conviction by virtue of this act, be it enacted, that where any person shall be charged on the oath of a credible witness before any justice of the 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. XXXIV. Provided always, and be it enacted, that the prosecution for every offence punishable on summary conviction by virtue of this act, shall be commenced within three calendar months after the commission of the offence, and not otherwise. XXXV. And be it enacted, that the justices before whom 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), day of at in "Be it remembered, that on the "hard labour for the space of for "judge the said A. O. for his said offence to forfeit 66 "said sum of for the ], and we direct that the 66 "C. D. [the party aggrieved]. Given under our hands 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. the revenue, or combinations. 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 treason, of the public revenue, or shall affect or alter any act for the prevention of smuggling, or any part of the act passed in 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. WHEREAS it is expedient that Quakers and Moravians Quakers or Moravians re. quired to give instead of an oath, make their solemn affirmation, which shall be of the same effect in all in this present parliament assembled, and by the authority of the same, that every Quaker or Moravian who shall be required to give evidence in any case whatsoever, criminal or civil, shall, instead of taking an oath in the usual form, evidence may, be permitted to make his or her solemn affirmation or declaration in the words following; that is to say, 'I, A. B. do solemnly, sincerely, and truly declare and affirm;" which said affirmation or declaration shall be of the same force and effect in all courts of justice, and other places where by law an oath is required, as if such Quaker or Moravian had taken an oath in the usual form; and if any person making such affirmation or declaration shall be convicted of having wilfully, falsely, and corruptly affirmed or declared any matter or thing, which if the same had been sworn in 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. cases, civil or Consequences affirmation. The party whose name is forged, shall be a competent witness in prosecutions for forgery. Notwithstand ing any interest he may have in deed, &c. Every punishment for felony, after it has been have the effect of a pardon under the great endured, shall seal. Not to prevent punishment on subsequent conviction. No misde meanor (except perjury) II. And be it enacted, that on any prosecution by indictment or information, either at common law, or by virtue of any statute, against any person, for forging any deed, writing, instrument, or other matter whatsoever; or for uttering or disposing of any deed, writing, or other matter whatsoever, 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 commission of any such offence, if the same be a misdemeanor ; no person shall be deemed to be an incompetent witness in support of any such prosecution, by reason of any interest which such person may have or be supposed to have in respect of such deed, writing, instrument, or other matter. III. And whereas it is expedient to prevent all doubts respecting the civil rights of persons convicted of felonies not capital, who have undergone the punishment to which they were adjudged; be it therefore enacted, that where any offender hath been or shall be convicted of any felony not punishable with death, and hath endured or shall endure 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 was so convicted: provided always, that nothing herein contained, nor the enduring of such punishment, shall prevent or mitigate any punishment to which the offender might otherwise be lawfully sentenced on a subsequent conviction for any other felony. IV. And whereas there are certain misdemeanors which render the parties convicted thereof incompetent witnesses, and it is expedient to restore the competency of such parties a party an in- after they have undergone their punishment; be it therefore shall render enacted, that where any offender hath been or shall be con- competent witvicted of any such misdemeanor (except perjury or suborn- ness after he has undergone ation of perjury), and hath endured or shall endure the the punishment. 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 Wм. IV. c. 66. An Act for reducing into One Act all such Forgeries as shall henceforth be punished with Death, and for otherwise amending 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 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, unless exendeavouring to receive or have any thing, or to do or cause to be done any act, upon or by virtue of any matter act. 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 pressly made capital by this |