« PreviousContinue »
50 Gco. 3.c.65. S. 8. E.
49 Geo 3 c.31.
Agent generul to the drafts, writings, or instruments of the agent gene
ral for the volunteers and local militia, or his deputy.
P. 1089, I. 22.-The 50 Geo. 3. c. 65. E. contains
the same provisions with respect to the drafts, writings, or Forging drafts, instruments of the commissioners of his majesty's woods, &c. of commis. sieners of king's forests, and land revenues, as the 46 Geo. 3. c. 142. E. wuods, 66.
does with regard to the surveyor-general of woous, or his deputy.
P. 1100. l. 7.--The 49 Geo. 3. c. 81. G. B. (which s. 1. G. B.
amends the 34 Geo. 3. c. 20. s. 9. Eng. and 47 Geo. 3. Forging stamps, st. 2. c. 30. s. 13. G. B.) enacts, that if any person shall, 86. upon cover uf wrapper of
upon any cover or wrapper of, or belonging to, or used paper, &c. dic with or upon any label affixed to any reain or quantity rected by34Geo. 3. c. 20 punish- of paper, or upon any pasteboard, millboard, scaleboard, able with trans. porlation.
or glazed paper, counterfeit, forge, or resemble the mark or impression, or any stamp or device provided or directed to be used in pursuance of the 34 Geo. 3. c. 20. or shall have in his custody or possession any such counterfeit stamp or device, knowing the same to be counterfeited; or shall have in his custody, &c., or shall utter, vend, or sell any paper with a counterfeit or forged mark or impression of any such stamp, &c. on the cover or wrapper of such paper, or on any label affixed thereto, or any pasteboard, &c. with a counterfeit or forged mark, &c. of any such stamp, &c. upon such pasteboard, &c. or upon any label affixed thereto, knowing the same to be counterfeited, &c.; or shall, upon any ream or quantity of paper which has not been duly entered with the proper officer, and charged with the duty of excise imposed for or in respect of such paper, knowingly put or place any cover or wrapper having thereon such counterfeit or forged mark, &c. or any such counterfeit label, every such offender shall be adjudged a felon, and be
transported for 7 years, 4 Geo. 3. C. 37.
P. 1100. l. 7.-The 4 Geo. 3, c. 37. Eng. enacts 1, 15. Eng.
(s. 15.) that if any person shall forge or counterfeit the Forging seal,
common seal of the corporation to be established in puroc. of this cor. suance of this act, (vide p. 1021.) or shall forge, counporation, a capital felony.
terfeit, or alter any deed, bill, bond, or obligation, under the common seal of the said corporation ; or shall
offer to dispose of or pay away any such forged, &c. bill, &c. knowing the same to be such; or shall demand any money therein mentioned or pretended to be due thereon, or on any part thereof, of and from the said corporation, or any members, officers, or servants thereof, knowing such bill, &c. to be forged, &c. with intent 'to defraud the said corporation, or their successors, or any other person, every such offender sliall be guilty of felony without benefit of clergy. And by s. 26. if any person shall forge or counterfeit any stamp, mark, or seal, to resemble any stamp, &c. which shall be used in Forging, &c.
stamp required pursuance of this act, or shall forge, resemble, or coun- by this act a ca. terfeit the impression of any such mark, &c. upon any
pital felony. goods required by this act to be stamped, &c. or shall import or bring into England any foreign cambricks or lawns, or goods known by these denominations, having any such counterfeit mark, &c. thereon, or sell or expose to sale auy cambricks, &c. with such counterfeit mark, &c. thereon, knowing such stamp, &c. to be counterfeited, such offender shall be guilty of felony without benefit of clergy.
P. 1103. I. 31.-The 49 Geo. 3. c. 83. I. provides, 49 Geo.3.c.83. (s. 2.) that no court or judge, or justice of peace, or $ %, 1. other officer or person in Ireland, shall receive any person to become surety, or be bound for the appearance of any other person charged with any offence, or that any other person should keep the peace, or be of good behaviour, unless such person so offering to become suretý, &c. shall have first made oath before such court, &c. in one of the forms following, or in words of the like import: viz. “ I Oath required to
be taken by pero do swear, that I am a boysholder, and have a
sons entering in “ house wherein I usually reside, at , in the parish to recognizances.
, “ of barony or half barony of
-, "county of -; and that I support and maintain my
and that I am worth the sum of “ (here insert double the sum in which he or she is to be “ bound) over and above my just debts. So hielp me God:" And if such person shall reside in a county, county of a city of town, the words “reside at” and from thence to county of” shall be omitted, and instead thereof these
“ self by
32 Geo.3. c.48. Eng.
27 Hen. 8. c. 4.
11 & 12 W. 3.
ted on the sea
words shall be inserted : viz. “reside in (raming the
street, square, lane, or place) the parish of " and county of the city or town of
-:" And every such oath shall be annexed to or written on the same piece of paper or parchment with the recognizance, and shall be signed by the person making the same, and attested by the proper jurat of the court, &c. taking the same; and shall be sufficient in lieu of all former oaths.
P. 1106. l. 12,-- The 32 Geo. 3. c. 48. Eng. extends
the provision of the 25 Geo. 3. c. 18. Eng, to the.s Sessions of
sion of the peace, and session of oyer and terminer holden Middlesex.
before the justices of peace for the county of Middlesex.
P. 1106. 1. 27.-It should have been here noted tbat Eng.
the 27 Hen. 8. c. 4. Eng. is superseded by the 28 Hen: Marine felonies. 8. c. 15. Eng.
P. 1108. 1. 12.-By the 11 & 12 W. 3. c. 7. s. I. c. 7. s. 1. Eng. Eng. all piracies, felonies, and robberies, committed How and ruhen upon the sea, or in any haven, river, creek, or place, piracies commit- where the admirals bave power or jurisdiction, may be muiy be tried. inquired of, &c. in any place at sea, or upon land, in any
of his majesty's dominions, forts, or factories, to be appointed by the king's commission under the great seal, or the seal of the admiralty, directed to any of the admirals, vice-admirals, rear-admirals, judges of the vice-admiralties, or commanders of any of his majesty's ships of war, and also to any such persons as his majesty shall appoint; which cominissioners shall have power, by warrant under the hand and seal of them, or any of them, to commit to custody any person against whom information of piracy, robbery or felony upon the sea, shall be given upon oath; and call a court of admiralty upon ship-board, or upon land, as occasion shall require; which court shall consist of 7 persons at least. And by s. 3. if so many persons cannot conveniently be assembled, any 3 of them (whereof the president or chief of some English factory, or the governor, lieutenant-governor, or member of his
majesty's councils, in any of the plantations, or comconstitute courts.
mander of one of his majesty's ships, is to be one,) shall have power to call any other persons on ship-board, or on the land, to make up the number of 7. Provided (s. 3.)
$. 2 & 3.
that no persons but known merchants, factors, or planters, or captains, lieutenants, or warrant officers, in any of his majesty's ships of war, or captains, masters, or mates of some English ship, shall be capable of sitting and voting in said court. By s. 4. sucli persons assem
8. . bled as aforesaid, shall bave power, according to the
Power of this course of the admiralty, to issue warrants for bringing any persons accused of piracy or robbery before them to be tried ; and to summon witnesses, and take examination of witnesses, and to do all things necessary for the final determination of any case of piracy, robbery, and felony, and to give sentence of death, and award execution, according to the civil law, and the rules of the admiralty. And every person so convicted and attainted of piracy or robbery, shall suffer such losses of lands and goods, as if they had been attainted, &c. according to the 28 Hen. 8. c. 15. By s. 5. so soon as any court shall be assembled, the king's commission shall be read, and the court
King's commise shall be proclaimed, and the president of the court shall take the following oath : riz. “ I A. B. do swear, in the
Oath of presipresence of Almighty God, that I will truly and impar-dent and other “ tially try and adjudge the prisoner or prisoners which members. « shall be brought upon his or their trials before this
court, and honestly and duly, on my part, put his ma* jesty's commission for trying them in execution, ac
cording to the best of my skill and knowledge; and " that I have no interest, directly or indirectly, in any “ship or goods, for the piratically taking of which any
person stands accused, and is now to be tried : So help
me God:” And he having taken the oath, shall administer the same to every person who shall sit and have a voice in the court; and thereupon the prisoners shall be Proceeding upon brought before them: and then the register shall read the articles against such prisoners, wherein shall be set forth the particular fact of piracy, &c. with the time and place, and in what manner it was committed: and each prisoner shall be asked whether he be guilty or not guilty; whereupon such prisoner shall plead “guilty,” or “not guilty,” or else it shall be taken as confessed : and if any prisoner shall plead not guilty, witnesses shall be pro. duced by the register, and sworn and examined in the
Addenda f. Corrigenda. prisoner's presence; and after a witness hath answered all the questions proposed by the president, and given bis evidence, it shall be lawful for the prisoner to have the witness cross-examined, declaring to the court what questions he would have asked, and the president or the court shall interrogate the witness accordingly; and every prisoner shall liave liberty to bring witnesses for his defence, who shall be sworn and examined, and afterwards the prisoner shall be heard for himse f; which being done, the prisoner shall be taken away, and all other persons, except the register, shall withdraw; and then the court shall consider of the evidence; and then the president shall collect the votes of the court, beginning at the junior, and ending with himself, and according to plurality of voices sentence and judgment shall be given, and pronounced publicly in the presence of the prisoner,
being called in again ; and according to such sentence, Sentence how the person attainted shall be put to death, at such
time, in such manner and place upon the sea, or within the ebbing and flowing thereof, as the president, or the major part of the court, by warrant directed to a provost marshal (which the president or major part may constitute,) shall appoint. By s. 6. some public notary shall be register
of the court; and in case of his absence, death, or inca: Rögister of
pacity, or for want of a person so qualified, the president public notury:
shall appoint a register, giving him an oath, duly, faithfully, and impartially, to execute his office; which register shall prepare all warrants aud articles, and provide all things requisite for any trial, according to the sub, stantial and essential parts of proceedings in a court of admiralty, in the most summary way; and shall take minutes of the proceedings, and enter them in a book, and shall transmit the same, with the copies of all articles and judgments, into the high court of admiralty in England. By s. 13. the commissioners appointed by the
28 Hen. 8. c. 15. or by this act, shall have the sole power Commissioners, Gr. shall have of hearing and determining the said crimes, within all
try the crimes in Ameco the plantations in America, governed by proprietors, or
cour! to be a
under charters from the crown ; and shall issue their warrants for apprehending of any pirates, felons, or robbers