S. 4 & 5. &c. to St. Hele as aforesaid, land from any other ship, &c. not belonging to or employed by said united company, or ordered by said company, or their servants as aforesaid, to proceed to or rendezvous at said island. This act (s. 4 & 5.) Vessels trading, makes vessels having any communication with said island, (except vessels belonging to or chartered by the East India company, and duly licensed by them,) liable to seizure and forfeiture; unless driven there by stress of weather, peril of the sea, or other inevitable accident: and by s. 6. & 7. all persons who before the passing of this act, did any acts or used any means for the securely naparte indem- detaining N. Buonaparte, though not strictly justified by na liable to forfeiture. 9. 6 & 7. Persons who detained Buo saved. s. 8. son, or any a capital felony. G. B. nified. law, are hereby indemnified: and the rights of the Rights of E. E. India company over said island and the inhabitants India company thereof, and to trade therewith, are by(s.8.) expressly saved. Administering, P. 523. l. 34. The 37 Geo. 3. c. 123. Eng. is rendered &c. oaths &c. more effectual by the 52 Geo. 3. c. 104. G. B. which binding person to commit trea- enacts, that every person who shall in any manner or felony punish form administer, or cause to be administered, or be aiding able with death, or assisting at the administering of any oath or en52 Geo.3.c.104. gagement purporting or intending to bind the person taking the same to commit any treason or murder, or any felony punishable by law with death, shall be guilty of felony, and suffer death without benefit of clergy: and every person who shall take such oath, &c. not being compelled thereto, shall be guilty of felony, and be transtransported for ported for life, or for such term of years as the court life or years. before which he shall be tried shall adjudge. Provided (s. 2.) that compulsion shall not justify or excuse any Compulsion no person taking such oath, &c. unless he shall, within 14 excuse, unless information on days after the taking thereof, if not prevented by actual days, &c. of all force or sickness, and then within 14 days after the the circumstan- hindrance produced by such force or sickness Persons taking such oaths 3. 2. oath, within 14 ces, &c. shall cease, declare the same, together with the whole of what he shall know touching the same, and the person by whom, and in whose presence, and when and where, such oath, &c. was administered or taken, by information on oath before one of his majesty's justices of peace, or one of the principal secretaries of state, or the privy council; or, in case the person taking such oath, &c. shall be in actual service in his majesty's forces by sea or land, then by persons confesso in ing, gc within 3 months after act, the passing of this act. 8. 4. in administer pals. by such information on oath as aforesaid, or by information to his commanding officer. And provided (s. 3.) that every person who, before he shall be charged with Indemnity to any offence under the 37 Geo. 3. c. 123. or this act, taking any oath, &c. described in said act or this shall, within 3 months after the passing of this act, (9th July, 1812,) appear before some justice of peace or magistrate, and declare the same, and the oath or engagement so taken, and when and where the same was taken, and in what manner, and who shall at the same time take before such justice, &c. the oath of allegiance, shall be indemnified against any prosecution for any offence under the 37 Geo. 3. c. 123. or this act; and no confession so made by any such person shall be given in evidence against the person making the same, in any court or in any case whatever. By s. 4. persons aiding and assisting at the administering of any such oath, &c. as aforesaid, Persons aiding and persons causing any such oath, &c. to be administered, ing oaths, fc. though not present at the administering thereof, shall be deemed princideemed principal offenders, and tried as such, and shall be adjudged guilty of felony, and suffer death without benefit of clergy, although the persons or person who actually administered such oath, &c. if any such there shall be, shall not have been tried or convicted. By s. 5. it shall not be necessary in any indictment for administer- In indic ments ing, or causing to be administered or taken, or taking any sufficient to set forth purport of such oath, &c. or aiding or assisting at, or [*being] present at and consenting to the administering or taking thereof, to set forth the words of such oath, &c. but it shall be sufficient to set forth the purport of such oath, &c. or some material part thereof. Provided (s. 6.) that any engagement or obligation in the nature of any oath, Engagement in purporting or intending to bind the person taking the deemed one. same to commit any treason, murder, or felony punishable with death, shall be deemed an oath within the meaning of this act, in whatever form or manner the same shall be administered or taken, and whether the same shall be actually administered by any person to any other person, or taken by any other person without any administration thereof. Provided (s. 7.) that any offence committed J against oath. $.5. * omitted in act. S. 6. nature of oath S. 7. s. 8. Offences where against this act on the high seas, or out of the realm, or prosecuted. within England, shall and may be prosecuted, tried and determined, before any court of oyer and terminer or gaol delivery for any county in England, as if therein committed; and if committed in Scotland shall and may be prosecuted, &c. either before the justiciary court at Edinburgh, or in any of the circuit courts in that part of the united kingdom. And provided (s. 8.) that any person who shall be acquitted or convicted of any offence against this act, shall not be liable to be indicted, &c. again for the same offence or fact, as high treason or misprision of high treason, &c. high treason; and that nothing in this act shall extend to prohibit any person guilty of any offence against these acts from being tried for the same as high treason or misprision of high treason. Person tried under act, not tried again for same offence, but liable for Penalties on persons per Of Misprisions and Contempts, affecting the P. 547. 1. 2. It is one of the provisions of the annual suading soldiers mutiny act, that if any person shall, in any part of his majesty's dominions, directly or indirectly, persuade s. 149. U. K. or procure any soldier in the service of the king to desert to desert. 57 Geo.3. c. 35. s. 150. or leave such service, such offender, being thereof lawfully convicted, shall forfeit £100. to the king, or to any other person who shall sue for the same; and if such offender hath not any goods or chattels, lands or tenements, to the value of £100. to satisfy the same, or if, from the circumstances and heinousness of the crime, it shall appear to the court before which the said conviction shall be made, that such forfeiture is not a sufficient punishment for such offence, it shall be lawful for such court to commit such offender to prison, for any time not exceeding 12 months, there to remain without bail or mainprize, and also to stand in the pillory, for one hour, in some market town next adjoining to the place where the offence was committed, in open market there, or in the market town itself where the offence was committed. And by s.150. the penalties recoverable. penalties so by this act imposed for persuading, &c. any Penalties how soldier to desert within England, shall be recoverable in any court of record at Westminster, and if in Scotland,. then in the courts of exchequer in Scotland, and if in Ireland, then in any of his majesty's courts of record in Ireland; and if in Guernsey or Jersey, then in the royal 57 Geo.3.c.13. courts of said islands respectively. And the annual acts. 62.63. U.K. Like provisions for regulating of his majesty's royal marine forces while. on shore, contains similar provisions. as to mariners on shore. The secretaries of state, &c. may it was deliver commis army rants to officers sions or war. or marines,with U. K. . P. 558. l. 38. The 57 Geo. 3. c. 92. U. K. recites, that by certain acts of his majesty's predecessors, provided that officers in his majesty's navy and should take certain oaths, and make and subscribe certain of navy, army, declarations, before they shall enter upon the offices or out previously places of trust; and that doubts have been entertained requiring certain oaths, &c. whether the provisions of said acts are still in force; and to be taken, &c. therefore enacts, that it shall be lawful for his majesty's 57 Geo. 3. c. 99 principal secretaries of state, the lord high admiral of the united kingdom of Great Britain and Ireland, or the commissioners for executing that office, the commander in chief of his majesty's land forces, the master general of the ordnance, and the secretary at war, for the time being, or any persons thereunto lawfully authorized, to deliver commissions or warrants to any officers in his majesty's navy, land forces, or marines, without previously requiring such officers to take said oaths, &c. Provided (s. 2.) that nothing herein shall extend to any oaths or declarations required by any act or acts now in force, to be taken, &c. by any such officer, after he shall have accepted and received any such commission, &c. s. 2. Provided that such oaths, &c. be taken, &c. after receiving commissions. Of Offences against Public Justice. P. 613. last line. The 57 Geo. 3. c. 108. I. recites, After July 1, that certain customs, tolls and duties, unwarranted by 1815, boards specifying tolls law, have been at sundry times levied in Ireland; and to shall be erected at fairs,markets, prevent &c. I. Pénally on levying tolls, without having such boards erected. 57 Geo. 3.c.108. prevent the same enacts, that all persons collecting customs, tolls, or duties, or claiming the same, at any fair, market, or port in Ireland, shall erect, affix, and keep up, during the whole continuance of such fair or market, in some conspicuous place at each principal entrance of the same, and the principal quay or landing place at each port, a painted board, having thereon a schedule in large and legible characters, specifying distinctly the custom, toll, or duty claimed on each article sold at such fair or market, or landed at such port, and the names of the persons collecting the same, and of the person or persons, or corporation, claiming right to the same, so that such boards may be examined by all persons desirous of so doing. And by s, 2. every person who shall attempt to collect or levy any custom, toll or duty, without having previously erected such boards, or without having kept up the same as aforesaid, shall, for every custom, toll or duty, which he shall attempt to collect or levy, either in money or kind, not being so specified on such boards, or at a time when such boards shall not be up as aforesaid, forfeit for every such offence 40s. to any person suing for the same. Provided (s. 3.) that in case it shall appear that the toll board or boards shall have been defaced or removed by violence, then such collector shall not be liable to such penalty, unless he shall neglect to re-instate such boards as soon as the same may be reasonably done. And by s. 4. every person who shall remove or deface such board or boards, or shall be engaged in any riot in which such board, &c. shall be defaced, &c. shall forfeit £5. to any person suing for the same. By s. 5. the Penalties how penalties herein-before set forth shall be recoverable, on summary conviction of either of the offences aforesaid, before any 2 magistrates of the county, city or town, where such offence shall be committed, and shall be levied by distress under the warrant of such magistrates, &c. Provided (s. 6.) that persons, &c. convicted may ap Appeal to quar peal, in the usual manner, to the next ensuing quarter sessions, where the case shall be finally determined. s. 7. all persons or corporations claiming a right to levy any custom, toll or duty, at any fair or market, or at an y 3. 3. Proviso as to such boards being removed by violence, &c. 8. 4. Penalty for re moving or defacing such boards. S. 5. recovered. 6. ter sessions. 8. 7. Schedules of tolls to be deli By port |