Common Gaol or House of Correction, for such Term as the urt shall award.

any

Assaults with Intent to com

mit Felony; Assaults on Peace Officers;

or to prevent

a Conspiracy to

XXV. And be it enacted, That where any Person shall be arged with and convicted of any of the following Offences as isdemeanors; that is to say, of any Assault with Intent to comt Felony, of any Assault upon any Peace Officer or Revenue ficer in the due Execution of his Duty, or upon any Person ting in aid of such Officer; of any Assault upon any Person the Arrest of ch Intent to resist or prevent the lawful Apprehension or De- Offenders; or ner of the Party so assaulting, or of any other Person, for in pursuance of ence for which he or they may be liable by Law to be appreaded or detained; or of any Assault committed in pursuance any Conspiracy to raise the Rate of Wages; in any such Case › Court may sentence the Offender to be imprisoned, with or thout hard Labour, in the Common Gaol or House of Correcn, for any Term not exceeding Two Years, and may also (if it all so think fit) fine the Offender, and require him to find Sureties r keeping the Peace.

raise Wages; punishable with hard Labour.

Assault on any Seaman, &c. to prevent him

Assaults with

free Passage;

Three Months.

XXVI. And be it enacted, That if any Person shall unlawfully id with Force hinder any Seaman, Keelman, or Caster from workg at or exercising his lawful Trade, Business, or Occupation, shall beat, wound, or use any other Violence to him, with Innt to deter or hinder him from working at or exercising the Intent to obme; or if any Person shall beat, wound, or use any other Vio- struct the buynce to any Person, with Intent to deter or hinder him from ing or selling of lling or buying any Wheat or other Grain, Flour, Meal, or Malt, Grain, or its any Market or other Place, or shall beat, wound, or use any punishable beher Violence to any Person having the Care or Charge of any fore Two Maheat or other Grain, Flour, Meal, or Malt, whilst on its Way gistrates, with or from any City, Market Town, or other Place, with Intent Imprisonment stop the Conveyance of the same, every such Offender may not exceeding e convicted thereof before Two Justices of the Peace, and imrisoned and kept to hard Labour in the Common Gaol or House f Correction, for any Term not exceeding Three Calendar Months: Provided always, that no Person, who shall be punished for any uch Offence by virtue of this Provision, shall be punished for the ame Offence by virtue of any other Law whatsoever. XXVII. And Whereas it is expedient that a summary Power of punishing Persons for Common Assaults and Batteries should be provided under the Limitations hereinafter mentioned;' Be it herefore enacted, That where any Person shall unlawfully assault r beat any other Person, it shall be lawful for Two Justices of he Peace, upon Complaint of the Party aggrieved, to hear and letermine such Offence, and the Offender, upon Conviction thereof efore them, shall forfeit and pay such Fine as shall appear to hem to be meet, not exceeding, together with Costs (if ordered), he Sum of Five Pounds, which Fine shall be paid to some One of the Overseers of the Poor, or to some other Officer of the Parish, Township, or Place in which the Offence shall have been committed, to be by such Overseer or Officer paid over to the Use of the general Rate of the County, Riding, or Division in which such Parish, Township, or Place shall be situate; whether the same shall or shall not contribute to such general Rate; and the Evidence of any Inhabitant of the County, Riding, or Division shall

Persons committing any

Common Assault or Battery may be com

pelled by Two Magistrates to pay Fine and

Costs not exceeding 57.

be

the Fine. Commitment on Nonpay

ment.

Application of be admitted in Proof of the Offence, notwithstanding such Ar cation of the Fine incurred thereby; and if such Fine as sh awarded by the said Justices, together with the Costs (if order) shall not be paid, either immediately after the Conviction within such Period as the said Justices shall at the Time of Conviction appoint, it shall be lawful for them to commit the fender to the Common Gaol or House of Correction, there t imprisoned for any Term not exceeding Two Calendar Mom unless such Fine and Costs be sooner paid; but if the Just upon the Hearing of any such Case of Assault or Battery, EL deem the Offence not to be proved, or shall find the Assa Battery to have been justified, or so trifling as not to mer Punishment, and shall accordingly dismiss the Complaint. shall forthwith make out a Certificate under their Hands, sr the Fact of such Dismissal, and shall deliver such Certificze the Party against whom the Complaint was preferred.

If the Magistrates dismiss

the Complaint, they shall make out a Certificate

to that Effect.

Such Certificate or Conviction shall be a Bar to any other Proceedings.

These Provisions not to

vated Cases, &c.

XXVIII. And be it enacted, That if any Person against wh any such Complaint shall have been preferred for any Con Assault or Battery, shall have obtained such Certificate as said, or having been convicted shall have paid the whole Ama adjudged to be paid under such Conviction, or shall have sufer the Imprisonment awarded for Nonpayment thereof, in every s Case he shall be released from all further or other Proceeds Civil or Criminal, for the same Cause.

XXIX. Provided always, and be it enacted, That in case Justices shall find the Assault or Battery complained of to h apply to aggra- been accompanied by any Attempt to commit Felony, or se be of Opinion that the same is, from any other Circumsta a fit Subject for a Prosecution by Indictment, they shall abs from any Adjudication thereupon, and shall deal with the Car in all respects in the same Manner as they would have done fore the passing of this Act: Provided also, that nothing here contained shall authorize any Justices of the Peace to hear a determine any Case of Assault or Battery in which any Quest shall arise as to the Title to any Lands, Tenements, or Her ditaments, or any Interest therein or accruing therefrom, or to any Bankruptcy or Insolvency, or any Execution under the Process of any Court of Justice.

Punishment for

the Master of a

Merchant

Vessel forcing a

Seaman on
Shore, or re-

him Home.

XXX. And be it enacted, That if any Master of a Mercha Vessel shall, during his being Abroad, force any Man on Shet or wilfully leave him behind in any of His Majesty's Colonies elsewhere, or shall refuse to bring Home with him again all such of the Men whom he carried out with him, as are in a Condition fusing to bring to return when he shall be ready to proceed on his homeward bound Voyage, every such Master shall be guilty of a Misde meanor, and being lawfully convicted thereof, shall be imprisone Mode of Trial, for such Term as the Court shall award; and all such Offences may be prosecuted by Indictment or by Information, at the Sa of His Majesty's Attorney General, in the Court of King's Bench, and may be alleged in the Indictment or Information to have been committed at Westminster, in the County of Middleses; 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

&c.

received

eived in Evidence on the Trial of every such Indictment or rmation.

XXI. And be it enacted, That every Accessory before the t, to any Felony punishable under this Act, for whom no ishment has been hereinbefore provided, shall be liable, at Discretion of the Court, to be transported beyond the Seas any Term not exceeding Fourteen Years nor less than Seven rs, or to be imprisoned, with or without hard Labour, in the mon Gaol or House of Correction, for any Term not exling Three Years; and every Accessory after the Fact to any ny punishable under this Act (except Murder), shall be liable e imprisoned, with or without hard Labour, in the Common 1 or House of Correction, for any Term not exceeding Two rs; and every Person who shall counsel, aid, or abet the Comsion of any Misdemeanor punishable under this Act, shall be le to be proceeded against and punished as a principal Ofder. XXXII. And be it enacted, That all indictable Offences menhed in this Act, which shall be committed within the Jurisdica of the Admiralty of England, shall be deemed to be Offences the same Nature, and liable to the same Punishments, as if y had been committed upon the Land in England, and may be ilt with, enquired of, tried, and determined in the same Manas any other Offences committed within the Jurisdiction of › Admiralty of England: Provided always, that nothing herein ntained shall alter or affect any of the Laws relating to the overnment of His Majesty's Land or Naval Forces. XXXIII. And for the more effectual Prosecution of Offences nishable upon summary Conviction by virtue of this Act, be it acted, That where any Person shall be charged on the Oath of a edible Witness before any Justice of the Peace with any such ffence, the Justice may summon the Person charged to appear efore any Two Justices of the Peace at a Time and Place to be amed in such Summons, and if he shall not appear accordingly, en (upon Proof of the due Service of the Summons upon such 'erson by delivering the same to him) the Justices may either roceed to hear and determine the Case ex parte, or may issue heir Warrant for apprehending such Person and bringing him before them; or the Justice before whom the Charge shall be nade 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 Prose. Time for sumcution for every Offence punishable on summary Conviction by mary Proceedvirtue of this Act shall be commenced within Three Calendar ings. Months after the Commission of the Offence, and not otherwise.

XXXV. And be it enacted, That the Justices before whom any Form of ConPerson shall be summarily convicted of any Offence against this viction. 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 Effeet, as the Case shall require; (that is to say,)

BE it remembered, That on the

in the Year of our Lord in the County of

Day of

at

(or Riding, Di-
vision,

No Certiorari,

&c.

vision, Liberty, City, etc. as the Case may be], A. O. is convict before us [naming the Justices], Two of His Majesty's Justic Ey of the Peace for the said County [or Riding, etc.], for that i the said A. O. did [specify the Offence, and the Time and P • when and where the same was committed, as the Case may and we the said Justices adjudge the said A. O. for his Offence to be imprisoned in the and the

kept to hard Labour for the Space of
we adjudge the said A. O. for his said Offence to forfeit and t
the Sum of] [here state the Amount of the Fine imposed],
also to pay the Sum of
for Costs; and in defr

of immediate Payment of the said Sums, to be imprisoned in the
for the Space of
unless the said S
'shall be sooner paid; [or, and we order that the said Sums sh
be paid by the said A. O. on or before the

• of

6

], and we direct that the said Sum of

[i. e, the Amount of the Fine] shall be paid to

aforesaid, in which the said Offence was committe to be by him applied according to the Directions of the State in that Case made and provided; and we order that the sa 'Sum of for Costs shall be paid to C. D. [the Per aggrieved]. Given under our Hands the Day and Year fir above mentioned.'

XXXVI. And be it enacted, That no such Conviction sh be quashed for Want of Form, or be removed by Certiorari a +382 otherwise into any of His Majesty's superior Courts of Recor and no Warrant of Commitment shall be held void by reason 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.

Not to repeal any Act relating to High Treason, the Re

venue, or Combinations.

Not to extend

to Scotland or Ireland.

XXXVII. Provided always, and be it enacted, That nothing in this Act contained shall affect or alter any Act, so far as it relates to the Crime of High Treason, or to any Branch 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 lies thereof.

XXXVIII. Provided also, and be it enacted, That nothing i this Act contained shall extend to Scotland or Ireland.

CA P. XXXII.

to

An Act for amending the Law of Evidence in certain Cases [27th June 1828] THEREAS it is expedient that Quakers and Moravians should be allowed to give Evidence upon their solema 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, in this present Parliament assembled, and by the Authority of the same.

That

it every Quaker or Moravian who shall be required to give Quakers or dence in any Case whatsoever, Criminal or Civil, shall, instead Moravians taking an Oath in the usual Form, be permitted to make his required to give her solemn Affirmation or Declaration in the Words following; instead of an Evidence may, t is to say, "I A. B. do solemnly, sincerely, and truly declare Oath, make and affirm;" which said Affirmation or Declaration shall be of their solemn : same Force and Effect in all Courts of Justice, and other Affirmation, ices where by Law an Oath is required, as if such Quaker or which shall be ravian had taken an Oath in the usual Form; and if any. Person king such Affirmation or Declaration shall be convicted of ing wilfully, falsely, and corruptly affirmed or declared any tter or Thing, which if the same had been sworn in the usual rm would have amounted to wilful and corrupt Perjury, every h Offender shall be subject to the same Pains, Penalties, and feitures to which Persons convicted of wilful and corrupt Pery are or shall be subject.

of the same

Effect in all

Cases, Civil or
Criminal.

a competent

for Forgery.

I. And be it enacted, That on any Prosecution by Indictment The Party Information, either at Common Law, or by virtue of any Statute, whose Name is ainst any Person, for forging any Deed, Writing, Instrument, forged shall be other Matter whatsoever; or for uttering or disposing of any Witness in ed, Writing, Instrument, or other Matter whatsoever, knowing Prosecutions e same to be forged; or for being Accessory before or after the ct to any such Offence, if the same be a Felony; or for aiding, etting, or counselling the Commission of any such Offence, if e same be a Misdemeanor; no Person shall be deemed to be an competent Witness in support of any such Prosecution, by reason any Interest which such Person may have or be supposed to have 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;' e it therefore enacted, That where any Offender hath been or all be convicted of any Felony not punishable with Death, and ath endured or shall endure the Punishment to which such Of ender hath been or shall be adjudged for the same, the Punishment so endured hath and shall have the like Effects and Conseuences as a Pardon under the Great Seal as to the Felony whereof e Offender was so convicted: Provided always, that nothing erein contained, nor the enduring of such Punishment, shall preent or mitigate any Punishment to which the Offender might therwise be lawfully sentenced on a subsequent Conviction for ny 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 after they have undergone their Punishment;' Be it therefore enacted, That where any Offender hath been or shall be convicted of any such Misdemeanor (except Perjury or Subornation of Perjury), and hath endured or shall endure the Punishment to which such Offender hath been or shall be adjudged for the same, such Of fender 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.

САР.

Every Punish-
ment for
Felony, after it

has been en-
dured, shall

have the Effect

of a Pardon under the Great Seal.

No Misde

meanor (except Perjury) shall render a Party Witness after he has undergone the Punishment.

an incompetent