man, or caster and with force hinder any seaman, keelman, or caster from work- dering a seaing at or exercising his lawful trade, business, or occupation, or man, keelshall beat, wound, or use any other violence to him, with intent from working; to deter or hinder him from working at or exercising the same; or if any person shall beat, wound, or use any other violence to Assaults to deany person, with intent to deter or hinder him from selling or ter persons from buying buying any wheat or other grain, flour, meal, or malt, in any or selling market or other place, or shall beat, wound, or use any other grain: violence to any person having the care or charge of any wheat or other grain, flour, meal, or malt, whilst on its way to or from any city, market town, or other place, with intent to stop the conveyance of the same: every such offender may be convicted thereof before two justices of the peace, and imprisoned and kept to hard labour in the common gaol or house of correction, for any term not exceeding three calendar months. Provided always, that no person, who shall be punished for any such offence by virtue of this provision, shall be punished for the same offence by virtue of any other law whatsoever. punishment. XXVII. And whereas it is expedient that a summary power of Assault and punishing persons for common assaults and batteries should be battery, punprovided, under the limitations herein-after mentioned; be it ishable upon conviction betherefore enacted, That where any person shall unlawfully assault fore a magisor beat any other person, it shall be lawful for two justices of the trate. peace, upon complaint of the party aggrieved, to hear and determine such offence; and the offender, upon conviction thereof before them, shall forfeit and pay such fine as shall appear to 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 be admitted in proof of the offence, notwithstanding such application of the fine incurred thereby; and if such fine as shall be awarded by the said justices, together with the costs (if ordered), shall not be paid, either immediately after the conviction, or within such period as the said justices shall at the time of the conviction appoint, it shall be lawful for them to commit the offender to the common gaol or house of correction, there to be imprisoned for any term not exceeding two calendar months, unless such fine and costs be sooner paid. But if the justices, upon the hearing of any such case of assault or battery, shall deem the offence not to be proved, or shall find the assault or battery to have been justified, or so trifling as not to merit any punishment, and shall accordingly dismiss the complaint, they shall forthwith make out Such convic tion to be a bar to any other proceed ing. In what cases tery must be indictment. a certificate under their hands, stating the fact of such dismissal, and shall deliver such certificate to the party against whom the complaint was preferred. XXVIII. And be it enacted, That if any person against whom any such complaint shall have been preferred for any common assault or battery, shall have obtained such certificate as aforesaid, or having been convicted shall have paid the whole amount adjudged to be paid under such conviction, or shall have suffered the imprisonment awarded for non-payment thereof, in every such case he shall be released from all further or other proceedings, civil or criminal, for the same cause. XXIX. Provided always, and be it enacted,That in case the assault or bat- justices shall find the assault or battery complained of to have prosecuted by been accompanied by any attempt to commit felony, or shall be of opinion that the same is, from any other circumstance, a fit subject for a prosecution by indictment, they shall abstain from any adjudication thereupon, and shall deal with the case in all respects in the same manner as they would have done before the passing of this act: Provided also, that nothing herein contained shall authorize any justices of the peace to hear and determine any case of assault or battery, in which any question shall arise as to the title to any lands, tenements, or hereditaments, or any interest therein or accruing therefrom, or as to any bankruptcy or insolvency, or any execution under the process of any court of justice. Masters of ships forcing men on shore, or refusing to bring them home, punishment. Accessories, XXX. And be it enacted, That if any master of a merchant vessel shall, during his being abroad, force any man on shore, or wilfully leave him behind in any of his Majesty's colonies or elsewhere, or shall refuse to bring home with him again all such of the men whom he carried out with him, as are in a condition to return when he shall be ready to proceed on his homewardbound voyage: every such master shall be guilty of a misdemeanor; and being lawfully convicted. thereof, shall be imprisoned for such term as the court shall award. And all such offences may be prosecuted by indictment or by information, at the suit of his Majesty's Attorney-General, in the court of King's Bench, and may be alleged in the indictment or information to have been committed at Westminster, in the county of Middlesex; 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 received in evidence on the trial of every such indictment or information. XXXI. And be it enacted, That every accessory before the how punisha- fact to any felony punishable under this act, for whom no punishment has been hereinbefore provided, shall be liable, at the ble. discretion of the court, to be transported beyond the seas for any term not exceeding fourteen years nor less than seven years, or to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding three years. And every accessory after the fact to any felony punishable under this act (except murder), shall be liable to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding two years. And every person who shall counsel, aid, or abet the commission of any misdemeanor punishable under this act, shall he liable to be proceeded against and punished as a principal offender. act, commit XXXII. And be it enacted, That all indictable offences men- Offences tioned in this act, which shall be committed within the jurisdic- against this tion of the admiralty of England, shall be deemed to be offences ted at sea, of the same nature, and liable to the same punishments, as if how punishable. they had been committed upon the land in England, and may be dealt with, enquired of, tried, and determined in the same manner as any other offences committed within the jurisdiction of the admiralty of England. Provided always, that nothing herein contained shall alter or affect any of the laws relating to the government of his Majesty's land or naval forces. offences here XXXIII. And for the more effectual prosecution of offences Mode of propunishable upon summary conviction by virtue of this act, be it ceeding for enacted, That where any person shall be charged on the oath of in punishable a credible witness, before any justice of the peace, with any such upon summaoffence, the justice may summon the person charged to appear ry conviction. before any two justices of the peace at a time and place to be named in such summons, and if he shall not appear accordingly, then (upon proof of the due service of the summons upon such person, by delivering the same to him) the justices may either proceed to hear and determine the case ex parte, or may issue their warrant for apprehending such person and bringing him before them; or the justice before whom the charge shall be made 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 limited cution for every offence punishable on summary conviction by for prosecuvirtue of this act shall be commenced within three calendar months after the commission of the offence, and not otherwise. tion. XXXV. And be it enacted, That the justices before whom Form of conany person shall be summarily convicted of any offence against viction. this act, may cause the conviction to be drawn up in the follow ing form of words, or in any other form of words to the same effect, as the case shall require; (that is to say), 'BE it remembered, That on the day of at ' in the year of our Lord unless the said sums shall 'be sooner paid; [or, and we order that the said sums shall be paid by the said A. O. on or before the day of ] and we direct that the said sum of [i. e. the amount of the fine,] shall be paid to of No certiorari, &c. This act not or the revenue, &c. aforesaid, in which the said offence was com'mitted, to be by him applied according to the directions of the 'statute in that case made and provided; and we order that the I said sum of for costs shall be paid to C. D. [the party aggrieved.] Given under our hands, the day and year first above ' mentioned.' XXXVI. And be it enacted, That no such conviction shall be quashed for want of form, or be removed by certiorari or otherwise into any of his Majesty's superior courts of record; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same. XXXVII. Provided always, and be it enacted, That nothing to repeal any in this act contained, shall affect or alter any act, so far as it relates act relating to high treason, to the crime of high treason, or to any branch of the public revenue, or shall affect or alter any act for the prevention of smuggling, or any part of the act passed in the sixth year of the present reign, intituled "An act to repeal the laws relating to the combination of workmen, and to make other provisions in lieu thereof." Not to extend to Scotland XXXVIII. Provided also, and be it enacted, That nothing in this act contained shall extend to Scotland or Ireland. or Ireland. 9 GEO. IV c. 32. An Act for amending the Law of Evidence in certain • WHEREAS it is expedient that Quakers and Moravians 'should be allowed to give evidence upon their solemn affirmation in all cases, criminal as well as civil; and that, in prosecutions 'for forgery, the party interested should be rendered 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 same, that every Quaker or Quakers or Moravians Moravian who shall be required to give evidence in any case may give eviwhatsoever, criminal or civil, shall, instead of taking an oath in dence in crithe usual form, be permitted to make his or her solemn affirm- minal, as well ation or declaration in the words following; that is to say, 'I as civil cases. A. B. do solemnly, sincerely, and truly declare and affirm;' which said 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 required, as if such Quaker or Moravian had taken an oath in the usual form; and if any person making such affirm ation or declaration shall be convicted of having wilfully, falsely, False affirmaand corruptly affirmed or declared any matter or thing, which if tion, perjury. the same had been sworn in the usual form would have amounted to wilful and corrupt perjury, every such offender shall be subject to the same pains, penalties, and forfeitures to which persons convicted of wilful and corrupt perjury are or shall be subject. whose name II. And be it enacted, That on any prosecution by indict- The party ment or information, either at common law, or by virtue of any is forged shall statute, against any person, for forging any deed, writing, instru- be a compement, or other matter whatsoever, or for uttering or disposing tent witness in prosecutions of any deed, writing, instrument, or other matter whatsoever, for forgery. knowing the same to be forged; or for being accessory before or after the fact to any such offence, if the same be a felony; or for aiding, abetting, or counselling the commission of any such offence, if the same be a misdemeanor; no person shall be deemed to be an incompetent witness in support of any such prosecution, by reason of any interest which such person may have or be supposed to have in respect of such deed, writing, instrument, or other matter. III. And whereas it is expedient to prevent all doubts re- Undergoing specting the civil rights of persons convicted of felonies not capi- the punish |