Sidebilder
PDF
ePub

4 Geo. 2.
c. 18. 1.
Counterfeit-
ing Mediter-
ranean
Passes.

sumn of 3001. if the vessel is under one hundred tons, and in 5001. if it is of that or more, for delivering up the pass within 12 months, unless in the case of ships trading from one foreign port to another ; and such passes need not be returned in less than three years.--REEVES, 2d Edit. p. 406.)

Rule 1. If any person shall, within Great Britain or Ireland, or any other His Majesty's dominions, or without, falsely make, forge, or counterfeit, or cause or procure to be falsely made, &c. or knowingly act or assist in the false making, &c. any pass for any ship whatsoever, coinmonly called A Mediterranean Puss, or shall counterfeit the seal, or the hand or hands of the lord highadmiral of Grcat Britain and Ireland for the time being, or of any commissioner or commissioners for executing the said office for the time being, to any such pass, or shall alter or erase any true and authentic pass issued or made out by the said lord high-admiral or commissioners, or shall knowingly utter or publish as true any such false or erased pass, every such person being in due form of law convicted of any of the offences aforesaid in any proper court of Great Britain, Ireland, or any of His Majesty's plantations beyond the seas, where such offence shall be committed respectively, shall be adjudged guilty of felony, (a) and shall suffer death as in case of felony, without benefit of clergy.

Rule 2. · All the crimes and offences before mentioned, which shall be commay be trieci, mitted in any country or place out of Great Britain, either within the domi.

nions of His Majesty, or without, shall be heard and adjudged in any shire or county of Great Britain, by virtue of the King's commission of over and terminer and gaol-delivery, or before any court of justiciary in Scotland, respectively, in the same manner as if such offence was committed within the same county or shire where such offender shall be tried.

Death,

How criincs

TITLE XXIV.-OATHS.

West Indies.

mation.

[The following laws, which relate to oaths of a general nature, it is judged proper to insert under a separate title here; but numerous other oaths are required to be taken touching specific articles or places, the particulars of which will be found under the distinct titles of such articles or places, as pointed out in the General Index under the word “Oaths.”]

[As to Oaths concerning the British West Indies, see Title 120.] & 8 Will. Rule 1. Every Quaker within England, who shall be required upon any 3. c. 34, 6!: lawful occasion to take an oath, in any case where by law an oath is required, Quakers' fire shall, instead of the usual form, be permitted to make his solemn affirmation

or declaration in these words following. (b). Force, $ 2. Rule 2. Which affirination 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 within England, as if such Quaker had taken an oath in the usual form.

Rule 3. If any Quaker, making such solemn affirmation or declaration, tion, $ 3.

shall be lawfully convicted, wilfully, falsely, and corruptly to have affirmed or declared any thing, which, if the same had been in the usual form, would have amounted to wilful and corrupt perjury; every such Quaker so offending shall incur the same penalties and forfeitures as by the lau's of this realm are

enacted against persons convicted of wilful and corrupt perjury. Restrictions, Rule 4. No Quaker or reputed Quaker shall by virtue of this act be qualified

6.

False affirma

[ocr errors]

(a) See Title 25.

(6) See Rule 7 of this title.

c. 34.

4.

Scotland.

mation.

or permitted to give evidence in any criminal causes, or serve on ary juries, or 7 & 8 Will. š. tear any office or place of profit in the government.

Rule5. This act shall continue in force for the space of seren years, and 9 7. from thence to the end of the next session of parliament, and no longer. (a)

Rule 6. So much of this act as relates to the affirmations to be made by 1 Geo. 1. Quakers shall be extended to Scotland for ever, and to the plantations belong- st. 2. C 6. ing to the crown of Great Britain for five years, and to the end of the next session of parliament after the said five years, and no longer.

Rule 7. ' In all cases where by law any Quaker is or shall be required or s Geo. 1. permitted to inake the solemn affirmation or declaration in the form prescribed c. 6,9 1, by 7 & 8 Will. 3. every such Quaker shall, instead of such affirmation or de- Quakers' aftr. claration, make the solemn declaration or affirmation following, viz.

“I, A. B. do solemnly, sincerely, and truly declare and affirm." And all persons authorized or required to administer or tender the said former Who may araffirmation or declaration, are hereby required to administer and tender the minister, dc. same respectively to the said people called Quakers, in the words by this act appointed.

Rule 8. The affirmation or declaration appointed by this act for Quakers, Force of deinstead of the form prescribed for the same by the said act, shall be of the same claration, &c. force and effect, and no other, in all courts of ice and elsewhere, as if such $ 2. Quaker had made and subscribed the affirmation or declaration, in the forms appointed by the said act.

Rule 9. "If any Quaker, making such solemn affirmation or declaration, False afirmshall be lawfully convicted, wilfully, falsely, and corruptly to have affirmed ation, or declared any thing, which, if the same had been in the usual form, would have amounted to wilful and corrupt perjury ; every such Quaker so offending shall incur the same penalties and forfeitures as by the laws of this realm are enacted against persons convicted of wilful and corrupt perjury.

Rule 10. All clauses in the said act not hereby expressly altered or repealed, Former act, shall be of such and the same force and effect, as they were before the making $ 3. of this act.

Rule 11. In all cases wherein by any act of parliament now in force, or 22 Geo. 2. hereafter to be made, an oath is or shall be authorized, directed, or required, c. 46. $ 36. the solemn affirmation or declaration of any of the people called Quakers, in Afirination of the form prescribed by the preceding act of 8 Geo. 1. shall be taken instead of Quakers in all such oath, although no express provision be made for that purpose in such act ; and all persons who are or shall be authorized or required to administer such oath, are hereby authorized and required to administer the said affirmation or declaration ; and the said solemn affirmation or declaration, so made, Force of afshall be of the same force and effect in all courts of justice, and other places, armation. where by law an oath is or shall be authorized or required, as if such Quaker had taken an oath in the usual form.

Rule 12. If any Quaker, making such solemn affirmation or declaration, shall be lawfully convicted, wilfully, falsely, and corruptly to have affirmed atiou. or declared any thing, which, if the same had been in the usual form, would have amounted to wilful and corrupt perjury; every such Quaker so offending shall incur the same penalties and forfeitures as by the laws of this realın are enacted against persons convicted of wilful and corrupt perjury.

Rule 13. Provided, that no Quaker shall, by virtue of this act, be qualified Exceptions, or permitted to give evidence in any criminal cases, or to serve on juries, or to $ 37. bear any office or place of profit in the government.

Rule 14. Every person being a member of the protestant episcopal church, 22 Geo. 2. known by the naine of Unitas Frutrum or the United Brethren, and which c. 30. $ 1. church was formerly settled in Moravia and Bohemia, and is now in Prussia,

cases,

se aflirm

Moravialis

(a) By i Geo. 1. stat. 2. c. 6. the above act shall continue and be in force for ever, as to all oaths by law required, or hereafter to be required, excepted as in the said ac! is excepted.

29 Geo, 9, €, 30,

Form.

matiou.

False affirm

3.

Poland, Silesia, Lusatia, Germany, the United Provinces, and also in His Majesty's dominions, who shall be required upon any lawful occasion to take an oath in any case where by law an oath is or shall be required, shall, instead of the usual form, be permitted to make his solemn affirmation or declaration in these words following:

“ I, A. B. du declare in the presence of Almighty God, the witness of the truth of

« what I say.” Force of affir. Which said solemn 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 or shall be required within Great Britain and Ireland, and also in all of His Majesty's colonies and dominions in America, as if such person had taken an oath in the usual form.

Rule 15. If any Quaker, making such solemn afirmation or declaration, ation, ý 3. shall be lawfully convicted, wilfulls, falsely, and corruptly to have affirmed

or declared any ihing, which, if the same had been in the usual form, would have amounted to wilful and corrupt perjury; every such Quaker so offending shall incur the same penalties and forfeitures as by the laws of this realm are enacted against persons

convicted of wilful and corrupt perjury. Restrictions, Rule 16. No person being of the said church or congregation called the

Moravian or United Brethren, shall by virtue of this act be qualified to give

evidence in any criminal causes, or to serve on juries. Proof of being

Rule 17. Every person whatsoever, who shall, as a member of such church a Moravian, or congregation, claim the benefit of this act or of any thing herein contained, $5.

shall, at the time when he makes such claim, produce a certificate signed by some bishop of the said church or by the pastor of such church or congregation who shall be nearest to the place where such claim is madle, and shall be examined concerning the matiers contained in the said certificate, and the due execution thereof; and such person so affirming to the best of his knowled-* and belief in manner herein before mentioned, or proving by the testimony other legal witness that the said certificate was duly executed by such bishoga or pastor, and also affirming that he is actually a member of the said church, known by the name of Unitas Fratrum or United Brethren, shall be adjudged to be actually a member of the said church or congregation, and as such shall be entitled to the benefit of this act.

Rule 18. Any person who shall be lawfully convicted of having wilfully, ing, 6. falsely, and corruptly affirmed or declared in nianner aforesaid, that such cer

tificate was duly executed, or that he is a member of such church, when in fact such affirmation is untrue, such person so falsely aflirming, and being duly convicted thereof, shall incur the same pains and penalties, as by the law of this realm are enacted against persons convicted of wilful aná corrupt perjury.

Rule 19. The advocate of the said church or congregation of the United shops, $ 7. Brethren for the time being, shall lay, or cause to be laid, before the commis.

sioners for trade and plantations, in order that the same may remain in their office, a list or lists of all the bishops of the said church of the United Brethren who are appointed by them to grant certificates as aforesaid, together with their hand-writing, and usual seal; and, from time to time, the said advocate shall send to the said commissioners the names, hand-writing, and seals of any bishops that shall be hereafter consecrated and appointed by them as aforesaid, and the names of such pastors as shall be authorized by the said advocate or bishops to give certificates in any of His Majesty's colonies in America.

Rule 20. “ Whereas great dificulties have arisen in ascertaining the truth c. 40. 28. “ of facts relative to His Majesty's revenue of customs, as well as to the conExaminations « duct of the officers employed therein, upon examinations and inquiries made before survey

by the surveyors general of customs;" it is therefore enacted, inat any ors general.

person examined before them as a witness, or either of them respectively, shall deliver his testimony upon oath, to be acministered by the surveyor general, or surveyors general respectively, who shall examine him; and such surveyor

Malsr arm

List of bi

16 Geo. S.

c. 40,

ors and con

or surveyors general are hereby authorized to administer such oath ac- 26 Geo. 3. cordiogly.

Rule 21. If any person whatsoever shall be convicted of making a false oath, False outb, touching any of the facts directed or required by this act to be testified oo oath, $ 29. or of giving false evidence, on his examination on oath before the surveyors general of customs, or any one or more of them respectively, in conformity to the directions of this act, such person so convicted as aforesaid shall be deemed guilty of perjury, and shall be liable to the pains and penalties to which persons are liable for wilful and corrupt perjury.

Rule 22. “ Whereas it is expedient that the like powers (as are contained in 43 Geo. 3. “ the preceding act) should be given to the collectors and controllers of customs c. 128. $ 2. " at the out-ports, upon examinations and inquiries before them;" it is therefore Examinations enacted, that every person who shall be examined as a witness on any inquiry di- before collectrected to be made by the commissioners of customs in England and Scotland re

trollers. spectively, relative to the revenue of customs, or to the conduct of the officers employed therein, before the collectors and controllers of customs, or either of them, at any out-pori of Great.Britain, shall deliver his testimony on oath, to be admi. nistered by the said officers respectively who sball examine them, and such officers respectively are hereby authorized to administer such oath accordiogly.

Rule 23. If any person whatsoever be convicted of inaking a false oath, touch- False oaths, ing any of the facts directed by this act to be testified on oath, or of giving false $ 3. evidence on his examination on oath before the collectors and controllers of customs, or either of them, in conformity to the directions of this act, such person so convicted shall it deemed guilty of perjury, and shall be liable to the pains and penalties to which persons are liable for wilful and corrupt perjury.

Rule 94. In any cases wherein proof is reqnired by any law now in force, or 59 Geo. 3. hereafter to be made, or are or shall be necessary for the satisfaction or considera- c. 123. $ 1. tion of the commissioners. of customs in any matter relating to the revenue, or to Who may the trade and navigation of this kingdoin, the same may be made before the col- admiuister lector iowards and outwards, the controller or surveyor of customs in the port of oaths. London, or in case of their absence, the persons acting for them respectively, or

the collector or controller of His Majesty's customs at any other port in this kingin dom, or in case of their absence, the persons acting for them res vortvely, who are hereby authorized and empowered to administer the same

Rule 25. Nothing herein shall alter any former acı whereby any particular facts Former acts, are required to be proved on oath before any particular officers, but the same shall 9 8. remain in force.

Rule 26. Any person who shall be convicted of wilfully taking a false oath 46 Geo. 3. in any of the cases in which ar oath is, by any act of parliament relating to the c. 112.9 3. duties of recive, uitected or required to be taken, shall be liable to the pains and Oaths under penalties to which persons are liable for wilful and corrupt perjury. (a)

excise laws.

TITLE XXV.-PENALTY OF DEATH.

[The following act is intituled, “ An Act for amendiog and reducing into one Act the Provisions "contained in any Laws, now ia force, imposing the Penalty of Death for any Act done in Breach of, " or in Resistance to, aby part of the Laws for collecting His Majesty's Revenue iu Great Britain ;" its operation must therefore of necessity extend to numerous titles in this work. The plan adopted has been, wherever death was the former penalty of the law, to refer to this title containing the mitigation of such penalty.)

Rule 1. In all cases where any act to be done or committed after the 230 July, 52 Geo. 3. 1812, in breach of or in resistance to any part of the laws for collecting His Ma.c. 143 y 1. jesty's revenue in Great Britain, would by the laws now in force subject the offen. Offences der to suffer death, as guilty of felony, without benefit of clergy, by virtue of the against revesaid laws, or any of them, such act, so to be done or committed, shall be deemed to

Que laws. be felony, with benefit of clergy, and punishable only as such, unless the same shall also be declared to be felony without benefit of clergy by this act.

(a) As to oatbs upon the import and export of goods, see Title 10.

52 Geo. 8.

Rule 2. If any person shall forge, or cause to be forged, any mark, stamp, C. 143. $7. die, or plate, which, in pursuance of any act of parliament, shall have been Forging

used by the direction of the commissioners appointed to manage the duties stamps on paper, &c.

on stamped vellum, parchment, and paper, or by the direction of any other person legally authorized in that behall, for denoting any duty which shall be under the management of the said commissioners, or for denoting the pay, ment of any such duty, or for denoting any device appointed by the said commissioners for the ace of spades, to be used with any playing cards ; or shall forge, or cause to be forged, the impression, or any resemblance of the impression, of any such mark, &c. upon any vellum, parchment, paper, card, ivory, gold, or silver plate, or other material ; or shall stamp or mark, or cause to be stamped or marked, any relluin, parchment, paper, card, ivory, gold or silver plate, or other material, with any such forged mark, &c. with intent to defraud His Majesty of any of the duties under the management of the said commissioners; or if any person shall utter or sell, or expose to sale, any vellum, parchment, paper, card, ivory, gold or silver plate, or other material having thereupon the impression of any such forged mark, or impression as aforesaid, knowing the same respectively to be forged; or if any person shall privately or secretly use any such mark, &c. which shall have been so provided by such direction, with intent to "fraud His Majesty of any of the said duties; every person so oflending, and being thereof convicted, shall be adjudged guilty of felony, and shall suffer death as a felon, without benefit of

clergy. Plate, &c. [As to forging Stamps on Plate, & c. see Title 213.] $ 8.

Rule 3. If any person (not being lawfully authorized so to do) shall make, Making franes, \ 9.

or cause to be made, or shall knowingly aid in the making, or without being so authorized, shall knowingly have in his custody, without lawful excuse (the proof whereof shall lie on the person accused), any frame, mould, or instrument, for the making of paper, with the words “ Excise Office visible in the substancêtuf such paper, or shall make, or cause to be made, or knowingly aid in the making any paper, in the substance of which the words “ Excise Office” shall be visible; or if any person (except as before excepted) shall, by any art, mystery, or contrivance, cause the said words Excise Office” to appear visible in the substa:ce, of any paper whatever; or if any person (not being so authorized) shall engrave, cast, cut, or make, or shall cause to be engraven, &c. any mark, stamp, or device, u imitation of any mark, stamp, or device, made or used by the direction of the commissioners of excise in England or Scotland, or the major part of them respectively, for the purpose of printing, stamping, or marking of any paper to be used as or for a permit, to accompany any exciseable commodiiy removing or removed from one part of Great Britain io any other part thereof, in pursuance of any of the statutes requiring such permit; every person so offending, and being thereof convicted, shall be adjudged guilty of felony, and shall suffer death as a felon,

without benefit of clergy. Forging de- Rule 4. If any person shall, with intent to defraud His Majesty, falsely bedtures, &c. make, forge, or alter, or or procure to be falsely made, forged, 10.

&c. or willingly assist in falsely making, forging, &c. any debenture, or any certificate for the payment or return of any money, or any part of any such debenture or certificate, or any signature thereon, in any case in which such debenture or certificate is by any act of parliainent relating 10 the duties of customs or excise required or directed to be given or granted : or shall wilfully, with such intent as aforesaid, utter, publish, or make use of any such debenture or certificate, or part thereof, so being wholly or in part falsely made, forged, or altered ; every person so offending, and being thereof convicied, shall be adjudged guilty of felony, and shall sufter death as a felon, without

benefit of clergy. Singgling, [As to the punishment of persons for assisting with arms in the illegal er$ 11. aud 12. portation of Wool and other goods, see Title 5.]

cause

« ForrigeFortsett »