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Agent general to the drafts, writings, or instruments of the agent general for the volunteers and local militia, or his deputy.

of volunteers.

50 Geo. 3.c.65. s. 8. E.

P. 1089. l. 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 commissioners of king's forests, and land revenues, as the 46 Geo. 3. c. 142. E. woods, &c. does with regard to the surveyor-general of woods, or his deputy.

49 Geo 3 c.81. s. 1. G. B.

or wrapper of

able with trans

portation.

P. 1100. l. 7.-The 49 Geo. 3. c. 81. G. B. (which 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, s. upon cover upon any cover or wrapper of, or belonging to, or used paper, &c. di- with or upon any label affixed to any ream or quantity rected by 34Geo. 3. c. 20 punish- of paper, or upon any pasteboard, millboard, scale board, 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 réam 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. s. 15. Eng.

Forging seal,

P. 1100. l. 7.-The 4 Geo. 3. c. 37. Eng. enacts (s. 15.) that if any person shall forge or counterfeit the common seal of the corporation to be established in purc. 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

3.26.

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 shall 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.
pursuance of this act, or shall forge, resemble, or coun-
terfeit the impression of any such mark, &c. upon any
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
such counterfeit mark, &c. thereon, or sell or expose
any
to sale any cambricks, &c. with such counterfeit mark,
&c. thereon, knowing such stamp, &c. to be counter-
feited, such offender shall be guilty of felony without

benefit of clergy.

by this act a ca-
pital felony.

stamp required

s. 2, I.

P. 1103. l. 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 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 surety, &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 do swear, that I am a housholder, and have a "house wherein I usually reside, at, in the parish to recognisances. -, barony or half barony of

"of
"county of

and

-, and that I support and maintain my

"self by-
"(here insert double the sum in which he or she is to be
"bound) over and above my just debts. So help 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

and that I am worth the sum of

words

be taken by per-
sons entering in-

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32 Geo.3. c.48. Eng.

Sessions of
Middlesex.

words shall be inserted: viz. "reside in (naming 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.session of the peace, and session of oyer and terminer holden before the justices of peace for the county of Middlesex. 27 Hen. 8. c. 4. P. 1106. l. 27.-It should have been here noted that Eng. the 27 Hen. S. c. 4. Eng. is superseded by the 28 Hen. Marine felonies. 8. c. 15. Eng.

11 & 12 W. 3.

ted on the sea

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P. 1108. 7. 12.-By the 11 & 12 W. 3. c. 7. s. l. c. 7. s. 1. Eng. Eng. all piracies, felonies, and robberies, committed How and when upon the sea, or in any haven, river, creek, or place, piracies commit- where the admirals have power or jurisdiction, may be may 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 commissioners 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. 2. 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 commander 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.)

s. 2 & 3.

Who shall

constitute courts.

that

s. 4.

Power of this

court.

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. such persons assembled as aforesaid, shall have power, according to the 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 commisshall be proclaimed, and the president of the court shall sion read. take the following oath: viz. "I A. B. do swear, in the presence 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

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court, and honestly and duly, on my part, put his ma

s. 5.

Oath of presi

trial.

jesty's commission for trying them in execution, according 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 produced by the register, and sworn and examined in the

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prisoner's

executed.

prisoner's presence; and after a witness hath answered all the questions proposed by the president, and given his 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 have liberty to bring witnesses for his defence, who shall be sworn and examined, and afterwards the prisoner shall be heard for himself; which being done, the prisoner shall be taken away, and ail 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 incapacity, or for want of a person so qualified, the president public notary: shall appoint a register, giving him an oath, duly, faithfully, and impartially, to execute his office; which register shall prepare all warrants and articles, and provide all things requisite for any trial, according to the substantial 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 &c. shall have of hearing and determining the said crimes, within all power to try the the plantations in America, governed by proprietors, or under charters from the crown; and shall issue their warrants for apprehending of any pirates, felons, or robbers

$ 6.

Register of court to be a

s. 13.

Commissioners,

crimes in AmeTica.

upon

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