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the Clauses.

64. The Lord Chief Justice of the Common Pleas shall appoint perpetual Commissioners for each county, for taking acknowledgments; and Lists of the Commissioners for each County shall be made out and kept by the officer of the Common Pleas who is to have the custody of the certificates after mentioned; and such officer shall transmit to the Clerk of the Peace for each county, or his deputy, a Copy of the List for that county, and shall deliver a Copy of the List for any county to any person applying; and the Clerk of the Peace, or his deputy, shall deliver a Copy of the List last transmitted to him to any person applying.

65. If from being beyond seas, &c. a married Woman be prevented from making the acknowledgment before a Judge or a Master in Chancery, or any of the Perpetual Commissioners, the Court of Common Pleas or any Judge thereof may appoint Special Commissioners for the purpose.

66. When a married Woman shall acknowledge a deed, the Judge, Master in Chancery, or Commissioners taking the acknowledgment, shall sign a memorandum, to be indorsed or written at the foot or in the margin of the deed, to the effect mentioned in the Act, and shall also sign a certificate of the taking of such acknowledgment, to be engrossed on a separate piece of parchment, which certificate shall be to the effect mentioned in the Act.

67. Every certificate, with an affidavit verifying the same, shall be lodged with some officer of the Court of Common Pleas, who shall examine the certificate, and see that it is signed and verified, and contains the requisite statement, and if so, shall cause the same and the affidavit to be filed of record in the said court.

68. On the filing of the certificate, the deed shall by relation take effect from the time of its having been acknowledged.

69. The officer with whom the certificates are lodged shall make and keep an index of the same.

70. After the filing of a certificate, the officer shall, on application, deliver a copy thereof, signed by him, and such copy shall be evidence of the acknowledgment.

71. The Lord Chief Justice of the Common Pleas shall appoint the officer with whom the certificates shall be lodged; and the Court of Common Pleas shall make orders touching the examination, memorandums, certificates and affidavits, and the time when the proceedings shall take place, and the amount of fees.

III. 72. A married Woman shall be separately examined on the surrender of copyholds, to which she alone, or she and her husband in her right, may be entitled for an equitable estate, as if such estate were legal.

IV. 73. Power to the Court of Common Pleas in the case of a Husband being lunatic, or otherwise incapable of executing a deed or making a surrender of copyholds, or of his residence being unknown, or of his living separate from his wife, by an order on the application of the wife, to dispense with his concurrence in any case except as Protector, where he is lunatic, or convicted of treason or felony.

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BI L L

For abolishing the Punishment of Death in
cases of Forgery.

HCRCAS by an Act passed in the first year of His Preamble.

W present Majesty's reign, intituled, " An Act for reducing

“into one Act all such Forgeries as shall hereafter be punished with "Death, and for otherwise amending the Laws relative to Forgery," 5 it was provided, That if any Person should, after the commencement of that Act, be convicted of any Forgery, or other Offence therein named or described, for which he would at the time of the passing of that Act have been liable to the Punishment of Death, he should not suffer Death for the same, unless the same should be made punishable with Death by 10 that Act: And whereas it is expedient to abolish the Punishment of Death altogether for Offences of that nature; 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, 15 THAT so much of the said Act as enjoins or authorizes the infliction of the Punishment of Death in any case whatever, shall be and the same is hereby Repealed; and that every Person who shall after the passing of this Act be convicted of any Offence whatever, which was made punishable with Death by the said Act, shall, at the discretion of the 20 Court before whom such Conviction shall take place, be transported beyond the Seas for the Term of such Offender's Life, or for any Term of Years not less than Seven, or be imprisoned, with or without Hard Labour, for any time not exceeding Four Years, nor less than Two Years; and it shall be lawful for the Court to direct that such Offender shall be kept in Solitary Confinement for any portion or portions of such Imprisonment, as to the Court shall seem meet.

Capital

Punishments

in cases of Forgery, abolished. Persons victed of

hereafter con

Crimes punishable with Death,

under

11 Geo. IV. & made liable to Transportation for Life or Years, and

1W. IV. c. 66.

Imprison

ment not ex

ceeding Four

5

It shall not be necessary to set forth

Copy or Fac

simile of

AND in order to prevent Justice from being defeated by clerical or verbal inaccuracies; BE it Enacted, That in all Informations or Indictments for Forgery, or in any manner uttering any Instrument, it shall forged Instru- not be necessary to set forth any Copy or Fac simile of such Instrument, Indictment or but it shall be sufficient to describe the same in such manner as would Information. sustain an Indictment for stealing the same, any law or custom to the contrary notwithstanding.

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BILL

[AS AMENDED BY THE COMMITTEE]

For abolishing the Punishment of Death in

cases of Forgery.

to

W

HCRCAS by an Act passed in the first year of His Preamble. present Majesty's reign, intituled, "An Act for reducing "into one Act all such Forgeries as shall hereafter be punished with Death, and for otherwise amending the Laws relative to Forgery," 5 it was provided, That if any Person should, after the commencement of that Act, be convicted of any Forgery, or other Offence therein named or described, for which he would at the time of the passing of that Act have been liable to the Punishment of Death, he should not suffer Death for the same, unless the same should be made punishable with Death by 10 that Act: And whereas by the Law and Practice now prevailing in Scotland and in Ireland, the Penalty of Death may be awarded in certain cases for Forgery, for uttering counterfeit Instruments, and for false Personation: And whereas it is expedient to abolish the Punishment of Death altogether for Offences of that nature; Be it therefore Enacted, 15 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 so much of the said Act as enjoins or authorizes the infliction of the Punishment of Death in any case whatever, and so much of every in cases of 20 Statute or Law now in force in Scotland or in Ireland, by virtue whereof Forgery, abothe Punishment of Death may be awarded for Forgery, or for uttering or disposing of any counterfeit Instrument, or for false Personation, or procuring or aiding or assisting in the commission of any of those Crimes, shall be and the same is hereby Repealed; and that from and Persons 25 after the passing of this Act, no Person shall suffer Death, or have Sentence of Death awarded against him, for any such Crime, whereof he shall be convicted, within the United Kingdom of Great Britain and Ireland; and every Person who shall, after the passing of this Act,

Capital

Punishments

lished.

hereafter convicted of

Crimes

punishable

with Death,

under

11 Geo. IV. &

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