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marked on

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mark or stamp to be used as aforesaid, with intent to transpose or reinove such stamp, &c. or with intent that the same shall be transposed or removed from one piece of wrought plate to another, or from any piece of wrought plate to any vessel of silver, brass, copper, or other metal, gilt or plated, and resembling plate of gold

or silver, such offender shall forfeit £200. Counterfeiting The 3 Geo. 3. c. 34. Ir. (which is an act for the better the name of reed maker, &c. die regulation of the linen and hempen manufactures) rected to be

enacts (s. 66.) that if any person shall counterfeit the linens;

name of any reed-maker, or of any linen weaver or linen 3 Gen. 3. c. 34. manufacturer, or the name of any buyer, or the name

of any person keeping or occupying any bleach-yard, or the name of any draper hereby directed to be marked

orstamped; or shall counterfeit the seal or stamp hereO, the seal or stamp of the

by appointed, or to be appointed for such packer, sealporcker, &c.

master, or lapper as herein mentioned; or shall alter the Or allering

figures or stamps made upon any piece of linen or hemslamp of seala

pen cloth by any, seal-master or lapper to mark the muster, &c.

length or breadth of the same; such person shall be

condemned to stand in the pillory, or to be transported How punished.

for 7 years, at the discretion of the judge who shall try 13&14 Geo. 3. şuch offence. And the 13 & 14 Geo. 3, c. 21. Ir, which :: 21. s. 1. Ir.

requires the lapper's name and description to be marked Counter feiling

on every piece of linen or bempen cloth, enacts, that the name of uny if any person shall counterfeit the name of any lapper lapper on any piece of linen, to any piece or part of a piece of linen or hempen cloth, ochow pune he s'all be condemned to stand in the pillory, or be

transported for 7 years, at the discretion of the judge 21&22 Geo. 3. who shall try such offence. And the 21. & 22 Geo. 3.

c. 35. Ir. which contains several provisions in respect to Counterfeiting the appointment and duty, of lappers and seal-masters, seul or stamp of boppers and seal enacts (s. 56.) that if any person shall forge or counter

feit this act, how

any seal or stamp which shall be made, ordered, or punisheit.

given out by virtue of this act, he shall suffer such punishment as is enacted by the *5. Geo. 3. c. 9. Ir. against any person counterfeiting the name of any lap

per * The 5 Geo, 3. c. 9. Ir. is an act for explaining and amending the laws relative to the flaxen and bempen manufactures, but contains no clause relative to the crime of forgery: and it is also erroneously referred to as passed in the 5th & 6th years of the king.

ished

c. 35. s. 56. Ir.

192iers under

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per appointed as therein mentioned. And the 42 Geo. 3. 42 Geo.3.c.75. c. 75. I. which amends the laws for the better regulation s. 7. I. of the linen manufacture in Ireland, and which requires all

Counterfeiting, casks of flax seed or hemp seed, sold or exposed to sale, sc. brand, &c.

on &c. to be marked in a particular manner, enacts (s. 7.) that fiax seed or

hemp seed, a if any person shall counterfeit or fraudulently alter any felony. brand or mark which shall be put on any cask or package, pursuant to the provisions of this act, and shall be convicted thereof by indictment or information, he shall be adjudged guilty of felony, and suffer punishment accordingly, and may be transported as a felon.

CHAP. XV.

Of the Means of preventing Offences. .

to take surety

E. & I.

3

It is one of the duties and powers of justices of peace
T

Justices of peace by virtue of the 34 Edw. 3. c. 1. E. & I. to take of such as be not of good fame, sufficient surety for their good for good behabehaviour towards the king and his people : But this 34 Edw. 3.c. I. statute has been already stated, vol. 1. p. 240-1. And to this head also is to be referred the provision of the 3 Hen. 7. c. 1. E. & I. which enacts, that every jus- 3 Hen. 7. c.1. tice of peace that shall take any recognizance of the peace E. & I. for the keeping of the peace, shall certify, send, or bring Justices to certhe same, at the next sessions of peace where he is or tify recogni, hath been justice, that the party so bound may be called; keeping of the and if the party make default, the default shall be then and there recorded, and the same recognizance, with the record of such default, shall be sent and certified into the chancery, king's bench, or exchequer. The 21 Jac. 1. c. 8. Eng. recites, that turbulent and contentious persons, some out of malice, and others in hope 3. 1. Eng. of gain by way of composition, do oftentimes upon their

oaths

zances for the

peace.

21 Jac. 1. c. 8.

Process of the oaths, or upon false suggestions and surmises, procure peace behuviour not to process of the peace or good behaviour out of chancery issue from Ch. and king's bench, against divers quiet subjects, whose or K. B. unless upon motion

dwellings are int counties remote from said courts, to m court, and afjiluvil, &c. their intolerable vexation, &c.; and therefore enacts,

that all process of the peace or good behaviour to be granted or awarded out of either of said courts against any person, at the suit of or by the prosecution of any person, shall be void, unless such process shall be so granted, &c. upon motion made before the judge or judges of said courts respectively, in open court, and upon declaration in writing, upon oath to be then exhibited unto them by the parties which shall desire such process, of the causes for which such process shall be granted out of the said respective courts, and unless that such motion and declaration be mentioned to be

made upon the back of the writ; the said writings there Prenishment for

to be entered, and remain of record: And if it shall false suggestion, appear unto either of said courts, that the causes ex

pressed in any such writing are untrue, then the judge of such court shall and may award such costs and damages unto the party grieved, for such wrongful vexation, as it shall think fit; and the party so offending shall be committed to prison by such judge or judges, until he pay said costs and damages. And on the other hand this act also recites, that turbulent and contentious persons deservedly fearing to be bound to the peace or good behaviour by the justices of peace of the counties where they dwell, do oftentimes procure themselves to be bound to the peace or good behaviour in the said courts, or one of them, upon insufficient securities, or upon colourable prosecution of some person who will be ready at all times to release them at their own pleasure; whereupon his majesty's writs of supersedeas are oftentimes directed to the justices of peace and other his majesty's officers, requiring them to forbear to arrest or

imprison the parties for the causes aforesaid; and theresedeas to process fore enacts, that all writs of supersedeas to be granted of the peace, &c.

out of either of said courts, shall be void, unless such process be granted likewise upon motion in open court,

and

Irrit of super

hurò obtained,

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and upon such sufficient sureties as shall appear unto such court, upon oath, to be assessed at £5. lands or £10. in goods, in the subsidy book, at the least; which oaths, and the names of such sureties, with the places of their abode, and where they stand so, assessed in the subsidy books, shall be entered and remain of record in said courts; and unless it shall also first appear to the judge or judges from whom such supersedeas is desired, that the process of the peace or good behaviour is prosecuted against him so desiring such supersedeas, bona fide, by some party grieved, in that court out of which such supersedeas is so desired. And this act further recites, (s. 4.) that evil disposed persons, commonly called bailers or knights of the post, being base and beggarly persons, do oftentimes procure themselves to be assessed at high rates in the subsidy books, and sometimes do falsely take upon them the names of other men of good ability, of purpose to enable themselves to be accepted for bail, and are ready for lucre to become bound by recognizance for such persons as shall procure themselves to be bound to the peace or good behaviour as aforesaid : And enacts (s. 5.) that the judge or judges of

s. 4 & 5. the said courts respectively, upon proof of misdemeanors aforesaid, to be committed in obtaining False and in

sufficient bailof the aforesaid writs of supersedeas, or procuring such ers, hww punsurety as aforesaid, shall likewise punish the false and insufficient sureties and bailers aforesaid, and the procurers thereof, according to their discretions, so as such punishment extend not to the loss of life or member. And the 10 & 11 Car. 1. c. 10. Ir. is the corresponding 10 & 11 Car. 1. statute in Ireland.

II. The following clauses of the 39 & 40 Geo. 3.c.94. Eng. seem to be proper for this place, as regarding not Justices of peace only the prevention of crimes or offences, but also as

may commit

dangerous perconcerning the jurisdiction of justices of peace in respect sums suspected to

be insane to taking security for the peace or the good behaviour. 39840 Geo. 3. This statute enacts (s. 3.) that if any person shall be dis- c. 94. s.3. Eng. covered and apprehended under circumstances that denote a derangement of mind, and a purpose of committing some crime, for which, if committed, such person

would

:

any of the

.

ished,

c. 10. Ir.

1

§ 2.

. 3

Such persons how bailed.

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Lowers of the

ustale in re

jane persons as

his .

would be liable to be indicted, and any of his majesty's justices of peace before whom such person may be brouglit, shall think fit to issue a warrant for committing him as a dangerous person suspected to be insane, such cause of commitment being plainly expressed in the warrant, the person so committed shall not be bailed except by 2 justices of the peace, one whereof shall be the justice who has issued such warrant, or by the court of

quarter sessions, or by one of the judges of the courts in Westminster Hall, or by the lord chancellor. And this act provides (s. 4.) that if any person who shall ap

pear to be insane, shall endeavour to gain admittance to Fr??! council

his majesty's presence, by intrusion on any of his maand seere aries jesty's palaces or places of residence, or otherwise, so spect to such in- that there may be reason to apprehend that bis majesty's threaten the per- person may be endangered, it shall be lawful for his sonra sately or majesty's privy council, or one of his principal secre

of

taries of state, to cause such person to be brought before them or him; and if upon examination it shall appear

that there is reason to apprehend such person to be insane, and that the person of his majesty may be endangered thereby, it shall be lawful for the privy Council, or one of the principal secretaries of state, to order such person to be kept in safe custody in such place, and in such manner, as according to circumstances shall

be ascertained; and for such purpose it shall be lawful issue commission for the lord chancellor to award a commission under the du inquire into the sanity of great seal, directed to certain commissioners to be onch person, &c. therein named, to inquire into the sanity of such person,

, and whether the person of his majesty may be endangered, &c. and for such purpose to direct the sheriff of the county where such person shall be, to sumınon a jury to try the sanity of such person, and whether his majesty's person may be endangered, &c, in the same manner as juries are summoned to try the sanity of persans on a commission in the nature of a writ de lunatica inquirendo ; and if upon the inquisition so taken, it be found that such person is so far insane, that the person of his majesty may be endangered by reason of the insanity of such person, it sliall be lawful for the lord

chancellar

Chancellor 10

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