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Common Gaol or House of Correction, for such Term as the urt shall award. XXV. And be it enacted, That where any Person shall be Assaults with * arged with and convicted of any of the following Offences as Intent to com

mit Felony ; - isdemeanors; that is to say, of any Assault with Intent to com

Assaults on t Felony, of any Assault upon any Peace Officer or Revenue

Peace Officers; ficer in the due Execution of his Duty, or upon any Person or to prevent ting in aid of such Officer; of any Assault upon any Person the Arrest of h Intent to resist or prevent the lawful Apprehension or De. Offenders ; or

in pursuance of per of the Party so assaulting, or of any other Person, for any

a Conspiracy to fence for which he or they may be liable by Law to be appre- raise Wages; aded or detained; or of any Assault committed in pursuance punishable with any Conspiracy to raise the Rate of Wages ; in any such Case hard Labour.

Court may sentence the Offender to be imprisoned, with or thout hard Labour, in the Common Gaol or House of Correc

n, 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 ir keeping the Peace.

XXVI. And be it enacted, That if any Person shall unlawfully Assault on any Lid with Force hinder any Seaman, Keelman, or Caster from work. Seaman, &c. to g at or exercising his lawful Trade, Business, or Occupation, from working ; shall beat, wound, or use any other Violence to him, with In- Assaults with nt 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 buy

nce to any Person, with Intent to deter or hinder him from ing or selling of tilling or buying any Wheat or other Grain, Flour, Meal, or Malt, Grain, or its

free Passage ; 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 MaTheat 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 Three Months. 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 jame Offence by virtue of any other Law whatsoever.

XXVII. · And Whereas it is expedient that a summary Power of Persons compunishing Persons for Common Assaults and Batteries should be mitting any

Common Asprovided under the Limitations hereinafter mentioned ;' Be it

sault or Battery therefore enacted, That where any Person shall unlawfully assault

may be comor beat any other Person, it shall be lawful for Two Justices of pelled by Two, the Peace, upon Complaint of the Party aggrieved, to hear and Magistrates to determine such Offence, and the Offender, upon Conviction thereof pay Fine and

Costs not exbefore them, shall forfeit and pay such Fine as shall appear to

ceeding 51. them to be meet, not exceeding, together with Costs (if ordered), the 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

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Application of be admitted in Proof of the Offence, notwithstanding such 4-mece the Fine. cation of the Fine incurred thereby; and if such Fine as she Commitment awarded by the said Justices, together with the Costs (if order on Nonpay

shall not be paid, either immediately after the Convictic. within such Period as the said Justices shall at the Time Conviction appoint, it shall be lawful for them to commit the fender to the Common Gaol or House of Correction, there

imprisoned for any Term not exceeding Two Calendar Man If the Magis- unless such Fine and Costs be sooner paid ; but if the Juster! trates dismiss upon the Hearing of any such Case of Assault or Battery, s the Complaint, deem the Offence not to be proved, or shall find the Asses out a Certificate Battery to have been justified, or so trifling as not to me

Punishment, and shall accordingly dismiss the Complaint.
shall forthwith make out a Certificate under their Hands, seks
the Fact of such Dismissal, and shall deliver such Certificat

the Party against whom the Complaint was preferred. Such Certificate XXVIII. And be it enacted, That if any Person against the or Conviction any such Complaint shall have been preferred for any Comers shall be a Bar

Assault or Battery, shall have obtained such Certificate as i'r to any other

said, or having been convicted shall have paid the whole Amu Proceedings.

adjudged to be paid under such Conviction, or shall have sutar the Imprisonment awarded for Nonpayment thereof, in every: Case he shall be released from all further or other Proceedus

Civil or Criminal, for the same Cause. These Provi- XXIX. Provided always, and be it enacted, That in case til sions not to Justices shall find the Assault or Battery complained of to her apply to aggra- been accompanied by any Attempt to commit Felony, or vated Cases, &c. be of Opinion that the same is, from any other Circumsta:

a fit Subject for a Prosecution by Indictment, they shall abe
from any Adjudication thereupon, and shall deal with the Cx
in all respects in the same Manner as they would have done he
fore the passing of this Act : Provided also, that nothing heres
contained shall authorize any Justices of the Peace to hear sal
determine any Case of Assault or Battery in which any Questo
shall arise as to the Title to any Lands, Tenements, or Her
ditaments, or any Interest therein or accruing therefrom, of a
to any Bankruptcy or Insolvency, or any Execution under the

Process of any Court of Justice.
Punishment for XXX. And be it enacted, That if any

Master of a Merchant the Master of a Vessel shall, during his being Abroad, force any Man on Shere. Merchant

or wilfully leave him behind in any of His Majesty's Colonies ar Vessel forcing a elsewhere, or shall refuse to bring Home with him again all such Seaman on Shore, or re

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 homeware him Home. bound Voyage, every such Master shall be guilty of a Misde

meanor, and being lawfully convicted thereof, shall be imprisoned Mode of Trial, for such Term as the Court shall award ; and all such Offence:

may be prosecuted by Indictment or by Information, at the Set of His Majesty's Attorney General, in the Court of King's Bench

. and may be alleged in the Indictment or Information to haré 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.

receired

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ived in Evidence on the Trial of every such Indictment or rmation. XXI. And be it enacted, That every' Accessory before the Provision for t, to any Felony punishable under this Act, for whom no Accessories to ishment has been hereinbefore provided, shall be liable, at

Offences Discretion of the Court, to be transported beyond the Seas against this Act. any Term not exceeding Fourteen Years nor less than Seven rs, or to be imprisoned, with or without hard Labour, in the imon Gaol or House of Correction, for any Term not exling Three Years; and every Accessory after the fact to any iny punishable under this Act (except Murder), shall be liable je imprisoned, with or without hard Labour, in the Common I 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, KXXII. And be it enacted, That all indictable Offences men- As to Offences ned in this Act, which shall be committed within the Jurisdic- against this Act 2 of the Admiralty of England, shall be deemed to be Offences committed at 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 Man: as any other Offences committed within the Jurisdiction of

Admiralty of England: Provided always, that nothing herein Not to affect the ntained shall alter or affect any of the Laws relating to the Laws relating wernment of His Majesty's Land or Naval Forces.

to the Forces. XXXIII. And for the more effectual Prosecution of Offences Provision for inishable upon summary Conviction by virtue of this Act, be it Offences lacted, That where any Person shall be charged on the Oath of a against this Act edible Witness before any Justice of the Peace with any such punishable on ffence, the Justice may summon the Person charged to appear viction.

summary Conefore any Two Justices of the Peace at a Time and Place to be amed in such Summons, and if he shall not appear accordingly, nen (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 Jefore 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 Con-
Person 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 Ef-
feet, 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

(or Riding, Di

vision,

Day of

at

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• vision, Liberty, City, etc. as the Case may be), A. 0. is convic The • before us [naming the Justices], Two of His Majesty's Justin

of the Peace for the said County Cor Riding, etc.), for that

the said A. O. did [specify the Offence, and the Time and fi when and where the same was committed, as the Case may • and we the said Justices adjudge the said A. O. for his 22. • Offence to be imprisoned in the

and te • kept to hard Labour for the Space of

we adjudge the said A. O. for his said Offence to forfeit and te the Sum of ] [here state the Amount of the Fine imposed). 2: also to pay the Sum of

for Costs; and in defa 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 st. • be paid by the said A. O. on or before the (of

], 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 Stats • in that Case made and provided; and we order that the sa Sum of

for Costs shall be paid to C. D. [the Pers aggrieved]. Given under our Hands the Day and Year first

above mentioned.' No Certiorari, XXXVI. And be it enacted, That no such Conviction she

be quashed for Want of Form, or be removed by Certioraria I Bitww.382otherwise 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 Par has been convicted, and there be a good and valid Conviction is

sustain the same. Not to repeal XXXVII. Provided always, and be it enacted, That nothir; any Act relating in this Act contained shall affect or alter any Act, so far as ! to High Trea- relates to the Crime of High Treason, or to any Branch of the son, the Re

Public Revenue, or shall affect or alter any Act for the Prevention binations. of Smuggling, or any Part of the Act passed in the Sixth Year *

the present Reign, intituled An Act to repeal the Laws relating to the Combination of Workmen, and to make other Provisions in dia

thereof.
Not to extend XXXVIII. Provided also, and be it enacted, That nothing i
to Scotland or this Act contained shall extend to Scotland or Ireland.
Ireland.

CAP. XXXII.
An Act for amending the Law of Evidence in certain Cases.

[27th June 1828) :

THEREAS it is expedient that Quakers and Moraviars • Affirmation in all Cases, Criminal as well as Civil; and that, • in Prosecutions for Forgery, the Party interested should be ren• dered 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 sanie,

venue, or Com.

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That

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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
t is to say, “I A. B. do solemnly, sincerely, and truly declare Oath, make
und 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

of the same ravian had taken an Oath in the usual Form; and if any

Person

Effect in all king such Affirmation or Declaration shall be convicted of Cases

, Civil or ing wilfully, falsely, and corruptly affirmed or declared any Criminal. itter 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. 1. 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 red, Writing, Instrument, or other Matter whatsoever, knowing Prosecutions 2 same to be forged; or for being Accessory before or after the for Forgery. ct to any such Offence, if the same be a Felony; or for aiding, etting, or counselling the Commission of any such Offence, if Te 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. i III. · And Whereas it is expedient to prevent all Doubts respect. Every Punishing the Civil Rights of Persons convicted of Felonies not capital, ment for who have undergone the Punishment to which they were adjudged; Felony, after it Te it therefore enacted, That where any Offender hath been or

dured, shall all be convicted of any Felony not punishable with Death, and

have the Effect ath endured or shall endure the Punishment to which such Of- of a Pardon under hath been or shall be adjudged for the same, the Punish- under the jent so endured hath and shall have the like Effects and Conse- Great Seal. uences as a Pardon under the Great Seal as to the Felony whereof he Offender was so convicted: Provided always, that nothing erein contained, nor the enduring of such Punishment, shall prerent or mitigate any Punishment to which the Offender might otherwise be lawfully sentenced on a subsequent Conviction for iny other Felony.

IV. “ And Whereas there are certain Misdemeanors which No Misderender the Parties convicted thereof incompetent Witnesses, and meanor (except it is expedient to restore the Competency of such Parties after Perjury) shall

render a Party they have undergone their Punishment;' Be it therefore enacted,

an incompetent That where any Offender hath been or shall be convicted of any Witness after such Misdemeanor (except Perjury or Subornation of Perjury), he has underand hath endured or shall endure the Punishment to which such gone the Offender hath been or shall be adjudged for the same, such Of. Punishment. 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.

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