nesses.

the Grand Jury; and the Foreman or other Member of the Grand minister Oaths Jury so impannelled, Twelve Members of the said Grand Jury (at or Affirmations the least) being there present at the Time, shall, and he and they to such Witare hereby authorized and required so to do, previous to the Examination of any Witness whose Name shall appear endorsed upon the Back of any Bill of Indictment, administer to such Witness the Oath or (in case of Persons by Law permitted to make a solemn Affirmation in Courts of Justice) the solemn Affirmation required to be taken by such Witnesses; and the Foreman or other Member of the Grand Jury who shall have administered such Oath or Affirmation shall upon the Back of such Bill of Indictment state the Name or Names of such Witness or Witnesses as shall have been duly sworn or shall have made such Affirmation before him, and authenticate the same by his Signature or Initials: Provided always, that the said Oath or Affirmation is not to be in addition to, but in lieu of that heretofore administered in Court under the Provisions of the said Act passed in the Fiftysixth Year of the Reign of His late Majesty King George the Third; and provided also, that no Foreman of any Grand Jury, nor any other Member thereof, shall have Power to administer such Oath or Affirmation to or to examine any Witness in support of any Bill of Indictment whose Name shall not have been previously endorsed on such Bill of Indictment by the Clerk of the Crown or Clerk of the Peace respectively.

Perjury.

II. And be it enacted, That if any Person who shall take any Swearing or Oath or Affirmation under or in pursuance of the Provisions affirming falsely, of this Act shall wilfully or knowingly swear or affirm or answer falsely to any Matter or Thing, every such Person, being duly convicted thereof, shall incur and suffer such Penalties, Pains, and Disabilities as Persons convicted of wilful and corrupt Perjury are by Law liable to.

III. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed in this present Session of amended or reParliament.

CA P. XXXVIII.

An Act to amend an Act for punishing idle and disorderly
Persons and Rogues and Vagabonds.

[27th July 1838.]

WHEREAS it is expedient to alter and amend an Act passed

in the Fifth Year of the Reign of His late Majesty King

pealed.

George the Fourth, intituled An Act for the Punishment of idle 5 G. 4. c. 83. ' and disorderly Persons and Rogues and Vagabonds in that Part ' of Great Britain called England:' Be it enacted by the Queen'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 when any Person aggrieved by any Act or Determination of any Justice or Justices of the Peace out of Sessions, in or concerning the Execution of the said Act, shall have appealed against such Act or Determination according to the Provisions of the said Act, and shall thereupon have been discharged out of Custody, and such Person shall not personally appear and prosecute such Appeal at the General or Quarter Sessions according to the Recognizance

K 3

Persons convicted, being of Custody on discharged out having ap pealed against Conviction, and not appearing such Appeal, may be reentered committed.

to prosecute

Exposing obscene Prints, &c. in Shop

Windows liable, on Conviction,

to Punishment.

Commencement of the Act.

Convention between Great Britain and

France.

Supplementary
Convention.

entered into on such Appeal, it shall be lawful for the Justices assembled at such General or Quarter Sessions, or for any Justice of the Peace for the County or Place in which such Person shall have been convicted, on Proof of the said Conviction, and on Proof by Certificate under the Hand of the Clerk of the Peace for the said County or Place or of the Person acting as his Deputy that the Person so convicted did not personally appear to prosecute such Appeal, to issue a Warrant for the Apprehension and Committal of such Person for such Period of Time as, together with the Days during which such Person so convicted shall have been imprisoned (if any) previous to being discharged by reason of Appeal, shall complete the full Term for which such Person was adjudged to be imprisoned at the Time of his or her said Conviction.

II. And whereas by the said recited Act it is enacted, that every 'Person wilfully exposing to view in any Street, Road, Highway, or public Place any obscene Print, Picture, or other indecent Ex'hibition shall, on summary Conviction thereof, be liable to Punish'ment as therein provided: And whereas Doubts have arisen whe'ther the exposing to public View in the Windows of Shops in 'Streets, Highways, or other public Places of any obscene Print, Picture, or other indecent Exhibition, is an Offenee within the 'Meaning of the said recited Act: Be it therefore declared and enacted, That every Person who shall wilfully expose or cause to be exposed to public View in the Window or other Part of any Shop or other Building situate in any Street, Road, Highway, or public Place any obscene Print, Picture, or other indecent Exhibition shall be deemed to have wilfully exposed such obscene Print, Picture, or other indecent Exhibition to public View within the Intent and Meaning of the said Act, and shall accordingly be liable to be proceeded against, and on Conviction to be punished under the Provisions of the said Act.

III. And be it enacted, That this Act shall commence and take effect from and after the First Day of August One thousand eight hundred and thirty-eight.

An Act for carrying into effect a Convention of Accession of the Hans Towns to Two Conventions with the King of the French, for suppressing the Slave Trade.

W

[27th July 1838.] HEREAS a Convention was concluded between His late Majesty the King of the United Kingdom of Great Britain ' and Ireland and His Majesty the King of the French, for rendering more effectual the Means of suppressing the Criminal Traffic called 'the Slave Trade, and signed at Paris on the Thirtieth Day of 'November in the Year of our Lord One thousand eight hundred and thirty-one: And whereas by the Ninth Article of the said 'Convention the High Contracting Parties to the said Treaty agreed to invite the other Maritime Powers to accede to it ' within as short a Period as possible: And whereas a Supplementary Convention was concluded between Their said Majesties, 8

• for

'for the more effectual Suppression of the Traffic in Slaves, and signed at Paris on the Twenty-second Day of March in the Year of our Lord One thousand eight hundred and thirty-three: And whereas an Act passed in the Third and Fourth Years of the Reign of His late Majesty King William the Fourth, intituled An Act for carrying into effect Two Conventions with the King 3&4W.4. c.72. of the French for suppressing the Slave Trade: And whereas a Convention Convention was concluded between His Majesty the King of the between France 'French and the Hans Towns, containing the Accession of the and the Hans 'Hans Towns to the said before Two Conventions between Great Towns. 'Britain and France for the more effectual Suppression of the 'Slave Trade, and signed at Hamburgh on the Ninth Day of June One thousand eight hundred and thirty-seven, containing as 'follows:

6 Article 1.-The Senates of the Free Hanseatic Cities of 'Lubeck, Bremen, and Hamburgh accede to the Conventions 'concluded and signed on the Thirtieth of November One thousand eight hundred and thirty-one, and on the Twenty'second of March One thousand eight hundred and thirtythree, between His Majesty the King of the United Kingdom ' of Great Britain and Ireland and His Majesty the King of the French, relating to the Suppression of the Slave Trade, as well as to the Annex of the latter Convention containing Instructions to Cruizers, excepting the Reservations and Modifications expressed in the Second, Third, and Fourth Articles herein-after given, which Articles shall be con'sidered additional to the said Conventions and to the Annex ' above mentioned, and excepting the Differences which necessarily result from the Situation of the Hanseatic Cities as Parties acceding to the Conventions in the Question after their Conclusion; His Majesty the King of the United Kingdom of Great Britain and Ireland, and His Majesty the King of the French, having accepted the said Accession, all the Articles of these Two Conventions, and all the • Conditions of the said Annex, shall in consequence be held to have been concluded and signed in the same Manner as the present Convention, directly between His Majesty the King of the United Kingdom of Great Britain and Ireland, His Majesty the King of the French, and the Senates of the Free Hanseatic Cities of Lubeck, Bremen, and Hamburgh; Their said Majesties and the Senates of the Free 'Hanseatic Cities engage and promise reciprocally to fulfil faithfully, excepting the Reservations and Modifications hereby stipulated, all the Clauses, Conditions, and Obligations which result therefrom; and in order to prevent any Uncertainty, it has been agreed that the above-mentioned • Conventions, and the Annex of the latter, containing Instructions to Cruizers, should be inserted here Word for Word in the said Convention of Accession, which were accordingly inserted Word for Word therein.

6

Article 2.-It is agreed, with reference to the Fifth Article of the Instructions annexed to the Supplementary 'Convention of March the Twenty-second One thousand eight hundred and thirty-three, that all Vessels bearing the

Flag of Lubeck, and which appear by their Papers to belong to Lubeck, which may be detained, in execution of the • Conventions herein above transcribed, by the Cruizers of His Majesty the King of the United Kingdom of Great 'Britain and Ireland, or of His Majesty the King of the French, employed on the Stations of America or Africa, or of Madagascar, shall be conducted or sent to the Port of Travemunde; all Vessels bearing the Flag of Bremen, and 'which appear by their Papers to belong to Bremen, which may in like Manner be detained, shall be conducted or sent to the Port of Bremerhaven; and all Vessels bearing the Flag of Hamburgh, and which appear by their Papers to belong to Hamburgh, which may in like Manner be detained, shall be conducted or sent to the Port of Cuxhaven; in case the Navigation of the Baltic should be interrupted or impracticable, the Three Senates agree to fix Bremerhaven and Cuxhaven as the Ports to which Lubeck Vessels detained as above mentioned may be conducted or sent.

Article 3.-Whereas the landing, at the above-mentioned Ports, of Slaves who are found on board Vessels bearing the Hanseatic Flag, and which appear by their Papers to belong to the said Hanseatic Cities, or to any one of them, might be attended with great Inconvenience; it is agreed, That the Slaves on board of any such Vessel detained by a 'British or French Cruizer shall be previously landed at the Place or Port the nearest (be it British or French) to which a Slave Vessel under the Flag of one of those Two Nations, found and detained under similar Circumstances, 'would, according to the above-mentioned Conventions, be conducted or sent to; the British Ports of Bathurst on the Gambia, Port Royal in Jamaica, the Cape of Good Hope, and Demerara, as well as the French Ports of La Goree, Martinique, Bourbon, Cayenne, shall be considered as respectively fixed on for this Purpose for the British and French Cruizers in Africa, the West Indies, Madagascar, and the Brazils.

Article 4.-If the Senates of the Free Hanseatic Cities 'should not deem it expedient to fit out Cruizers of their own for the Repression of the Trade, they nevertheless engage to furnish the special Authority or Warrants required by the Fifth Article of the Convention of the Thirtieth of • November One thousand eight hundred and thirty-one, to the Commanders of British and French Cruizers, as soon 6 as the Names and the Number thereof are notified to them. And whereas it is expedient that the Provisions of the said recited Act of the Third and Fourth Years of the Reign of His late Majesty King William the Fourth should be applied to the ⚫ said Convention of Accession of the Hans Towns, signed at Hamburgh on the Ninth Day of June One thousand eight hundred and thirty-seven, for the carrying into execution the said Convention and Articles for the more effectual Suppression of the Slave Trade: Be it therefore enacted by the Queen'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

Convention of

and by the Authority of the same, That all Clauses, Provisions, Provisions of Powers, and Authorities contained in, and all Penalties and For- the recited Act feitures imposed by, the said recited Act of the Third and Fourth to extend to the Years of the Reign of His late Majesty King William the Fourth, Accession of shall be applied and put in force for the Purpose of carrying into the Hans Towns. execution the said Convention, and the several Articles, Stipulations, and Regulations therein respectively contained, except so far as any of such Powers and Authorities are altered by this Act, as fully and effectually as if the same were re-enacted in this Act, as to such Convention and all Matters therein respectively contained.

II. And be it enacted, That, in pursuance of the said Second Ports to which Article of the Convention of the Hans Towns, all Vessels bearing the captured the Flag of Lubeck, and which appear by their Papers to belong the several Flags Vessels bearing to Lubeck, which may be detained, in execution of the said Con- shall be taken. vention of the Years One thousand eight hundred and thirty-one and One thousand eight hundred and thirty-three respectively, by the Cruizers of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, employed on the Stations of America, of Africa, or of Madagascar, shall be conducted or sent to the Port of Travemunde; and all Vessels bearing the Flag of Bremen, and which appear by their Papers to belong to Bremen, which may in like Manner be detained, shall be conducted or sent to the Port of Bremerhaven; and all Vessels bearing the Flag of Hamburgh, and which appear by their Papers to belong to Hamburgh, which may in like Manner be detained, shall be conducted or sent to the Port of Cuxhaven; and in case the Navigation of the Baltic should be interrupted or impracticable, to the Ports of Bremerhaven or Cuxhaven.

III. And be it enacted, That, in pursuance of the said Third Article of the Convention of the said Hans Towns, Slaves who are found on board Vessels bearing the Hanseatic Flag, and which appear by their Papers to belong to the Hanseatic Cities or to any one of them, detained by a British Cruizer, shall be previously landed at the Place or Port the nearest (be it British) to which a Slave Vessel under the Flag of one of those Two Nations, found and detained under similar Circumstances, would, according to the above-mentioned Conventions, be conducted or sent; videlicet, the British Ports of Bathurst on the Gambia, Port Royal in Jamaica, the Cape of Good Hope and Demerara.

CA P. XL.

An Act to carry into effect an additional Article to a Treaty with Sweden relative to the Slave Trade.

[27th July 1838.]

Slaves taken on board Vessels

bearing the Flag Cities to be taken to certain Ports.

of Hanseatic

W HEREAS a Treaty was made between His Majesty the Treaty between King of the United Kingdom of Great Britain and Ire- Great Britain land and the King of Sweden and Norway, for preventing Their and Sweden. Subjects from engaging in any Traffic in Slaves, and signed at 'Stockholm on the Sixth Day of November One thousand eight 'hundred and twenty-four: And whereas an Act was passed in the Seventh and Eighth Years of the Reign of His late Majesty King George the Fourth, intituled An Act to carry into effect 7 & 8 G.4. c.54. the Treaty with Sweden relative to the Slave Trade: And

'whereas