Declaration § 11. "Whenever any person or persons shall seek to obtain any 5 & 6 W. 4. patent under the great seal for any discovery or invention, such c. 62. person or persons shall, in lieu of any oath, affirmation, or affidavit which heretofore has or might be required to be taken or made substituted for upon or before obtaining any such patent, make and subscribe, in oaths and affithe presence of the person before whom he might, but for the davits heretopassing of this act, be required to take or make such oath, affirm- fore required on ation, or affidavit, a declaration to the same effect as such oath, taking out a affirmation, or affidavit; and such declaration, when duly made and subscribed, shall be to all intents and purposes as valid and effectual as the oath, affirmation, or affidavit in lieu whereof it shall have been so made and subscribed." patent. 12. "Where by any act or acts at the time in force for regu- Declaration lating the business of pawnbrokers any oath, affirmation, or affi- substituted for davit might, but for the passing of this act, be required to be taken oaths and affior made, the person who by or under such act or acts might be davits required required to take or make such oath, affirmation, or affidavit shall by acts as to in lieu thereof make and subscribe a declaration to the same effect; pawnbrokers. and such declaration shall be made and subscribed at the same time, and on the same occasion, and in the presence of the same person or persons, as the oath, affirmation, or affidavit in lieu whereof it shall be made and subscribed would by the act or acts directing or requiring the same be directed or required to be taken or made; and all and every the enactments, provisions, and pe- Penalties as to nalties contained in or imposed by any such act or acts, as to any such oaths, &c. oath, affirmation, or affidavit thereby directed or required to be to apply to detaken or made, shall extend and apply to any declaration in lieu clarations. thereof, as well and in the same manner as if the same were herein expressly enacted with reference thereto." §13. And whereas a practice has prevailed of administering Justices not to and receiving oaths and affidavits voluntarily taken and made in administer matters not the subject of any judicial inquiry, nor in anywise oaths, &c. touching matpending or at issue before the justice of the peace or other person ters whereof by whom such oaths or affidavits have been administered or re- they have no ceived: and whereas doubts have arisen whether or not such jurisdiction by proceeding is illegal; for the more effectual suppression of such statute. practice and removing such doubts, be it enacted, that from and after the commencement of this act it shall not be lawful for any justice of the peace or other person to administer, or cause or allow to be administered, or to receive, or cause or allow to be received, any oath, affidavit, or solemn affirmation touching any matter or thing whereof such justice or other person hath not jurisdiction or cognizance by some statute in force at the time being: Provided always, that nothing herein contained shall be construed Proviso. to extend to any oath, affidavit, or solemn affirmation before any justice in any matter or thing touching the preservation of the peace, or the prosecution, trial, or punishment of offences, or touching any proceedings before either of the houses of parliament or any committee thereof respectively, nor to any oath, affidavit, or affirmation which may be required by the laws of any foreign country to give validity to instruments in writing designed to be used in such foreign countries respectively." § 14. "In any case in which it has been the usual practice of the bank of England to receive affidavits on oath to prove the death of any proprietor of any stocks or funds transferable there, or to 3 U 2 Declaration substituted for oaths and affidavits required 5 & 6 W. 4. c. 62. by bank of transfer of stock. Declaration substituted for oaths and affi- identify the person of any such proprietor, or to remove any other impediment to the transfer of any such stocks or funds, or relating to the loss, mutilation, or defacement of any bank note, or bank England on the post bill, no such oath or affidavit shail in future be required to be taken or made, but in lieu thereof the person who might have been required to take or make such oath or affidavit shall make and subscribe a declaration to the same effect as such oath or affidavit." § 15. "And whereas an act was passed in the fifth year of the reign of his late majesty king George the second, intituled An act for the more easy recovery of debts in H. M.'s plantations and colonies in America: and whereas another act was passed in the fifty-fourth year of the reign of his late majesty king George the third, intituled An act for the more easy recovery of debts in H. M.'s colony of New South Wales: and whereas it is expedient that in future a declaration should be substituted in lieu of the affidavit on oath authorized and required by the said recited acts; be it therefore enacted, that from and after the commencement of this act, in any action or suit then depending or thereafter to be brought or intended to be brought in any court of law or equity within any of the territories, plantations, colonies, or dependencies abroad, being within and part of H. M.'s dominions, for or relating to any debt or account wherein any person residing in Great Britain and Ireland shall be a party, or for or relating to any lands, tenements, or hereditaments or other property situate, lying, and being in the said places respectively, it shall and may be lawful to and for the plaintiff or defendant, and also to and for any witness to be examined or made use of in such action or suit, to verify or prove any matter or thing relating thereto by solemn declaration or declarations in writing in the form in the schedule hereunto annexed, made before any justice of the peace, notary public, or other officer now by law authorized to administer an oath, and certified and transmitted under the signature and seal of any such justice, notary public duly admitted and practising, or other officer, which declaration, and every declaration relative to such matter or thing as aforesaid, in any foreign kingdom or state, or to the voyage of any ship or vessel, every such justice of the peace, notary public, or other officer shall be and he is hereby authorized and empowered to administer or receive; and every declaration so made, certified, and transmitted shall in all such actions and suits be allowed to be of the same force and effect as if the person or persons making the same had appeared and sworn or affirmed the matters contained in such declaration viva voce in open court, or upon a commission issued for the examination of witnesses or of any party in such action or suit respectively; provided that in every such declaration there shall be expressed the addition of the party making such declaration, and the particular place of his or her abode." Declaration in writing suffi cient to prove execution of any will, codicil, &c. § 16. "It shall and may be lawful to and for any attesting wit ness to the execution of any will or codicil, deed or instrument in writing, and to and for any other competent person, to verify and prove the signing, sealing, publication, or delivery of any such will, codicil, deed, or instrument in writing, by such declaration in writ ing made as aforesaid, and every such justice, notary, or other officer shall be and is hereby authorized and empowered to administer or receive such declaration." § 17. “In all suits now depending or hereafter to be brought in 5 & 6 W, 4. any court of law or equity by or in behalf of H. M., his heirs and c. 62. successors, in any of his said majesty's territories, plantations, Suits on becolonies, possessions, or dependencies, for or relating to any debt half of his or account, H. M., his heirs and successors, shall and may prove majesty to be his and their debts and accounts and examine his or their witness proved by deor witnesses by declaration in like manner as any subject or claration. subjects is or are empowered or may do by this present act." §18. "And whereas it may be necessary and proper in many cases not herein specified to require confirmation of written instruments or allegations, or proof of debts, or of the execution of deeds or other matters; be it therefore further enacted, that it shall and may be lawful for any justice of the peace, notary public, or other officer now by law authorized to administer an oath, to take and receive the declaration of any person voluntarily making the same before him in the form in the schedule to this act annexed; and if Making false any declaration so made shall be false or untrue in any material declaration a particular, the person wilfully making such false declaration shall misdemeanor. be deemed guilty of a misdemeanor." 19. "Whenever any declaration shall be made and subscribed by any person or persons under or in pursuance of the provisions of this act, or any of them, all and every such fees or fee as would have been due and payable on the taking or making any legal oath, solemn affirmation, or affidavit shall be in like manner due and payable upon making and subscribing such declaration." Voluntary declaration in the form in the schedule may be taken. Fees on oaths payable on declarations subthereof. stituted in lieu § 20. "In all cases where a declaration in lieu of an oath shall Declarations to have been substituted by this act, or by virtue of any power or be in the form authority hereby given, or where a declaration is directed or prescribed by authorized to be made and subscribed under the authority of this schedule. act, or of any power hereby given, although the same be not substituted in lieu of an oath heretofore legally taken, such declaration, unless otherwise directed under the powers hereby given, shall be in the form prescribed in the schedule hereunto annexed." §21. "In any case where a declaration is substituted for an oath under the authority of this act, or by virtue of any power or authority hereby given, or is directed and authorized to be made and subscribed under the authority of this act, or by virtue of any power hereby given, any person who shall wilfully and corruptly make and subscribe any such declaration, knowing the same to be untrue in any material particular, shall be deemed guilty of a misdemeanor." I Schedule referred to by the foregoing Act. A. B. do solemnly and sincerely declare, that and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of an act made and passed in the year of the reign of his present majesty, intituled An act [here insert the title of this act]. Persons making false declaration deemed guilty of a misde meanor. 17 1030 Polygamy. [See Rex v. Edwards, p. 677.] THE following case shews that the offence of bigamy may be committed, although the second marriage was contracted under circumstances which would render it invalid in all other respects: - On an indictment for bigamy, it appeared that the prisoner, having been previously married in 1828, contracted, during the lifetime of his first wife, a second marriage with one Eliza Brown, under the name of Eliza Thick; and the second wife proved that she had never been known by the name of Thick, but had assumed it when the bauns were published, that her neighbours might not know that she was the person intended. An objection was made that the offence was not complete; for that as the second marriage had been celebrated under a false name, it was void ab initio.-But per Gurney B. That only applies to the first marriage; and I am of opinion that the parties cannot be allowed to evade the punishment for an offence, by contracting a concertedly invalid marriage.- Verdict, guilty. Rex v. Penson, Maidstone Winter assizes, 1832, 5 C. & P. 412. [See Rex v. Tibshelf, 1 B. & Ad. 190. p. 676., and Vol. IV. p. 501.; Rex v. Wroxton, 4 B. & Ad. 640. p. 676., and Vol. IV. p. 503.; Rex v. Allison, C. C. R. 109. p. 674.] Post Office, Offences relative to. [See p. 687. et seq.] BY 5 & 6 W. 4. c. 81., reciting 52 G. 3. c. 143. (a) (see p. 693.), and also 7 & 8 G. 4. c. 29. § 10. (relating to sacrilege, see p. 790.), and also reciting, that "whereas it is expedient that a lesser punishment than that of death should be provided for the punishment of the offenders convicted of any of the offences so specified in the said act of the fifty-second year of the reign of his late majesty king George the third, and in the said act of the seventh and eighth years of the reign of king George the fourth," it is enacted "that so much of each of the said acts as inflicts the punishment of death upon persons convicted of any of the offences therein and herein-before specified shall be and the same is hereby repealed, and that from and after the passing of this act every person convicted of any of the offences in the said act so specified, or of aiding or abetting, counselling or procuring the commission thereof, shall be liable to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned, with or without hard la bour, in the common gaol or house of correction for any term not exceeding four years.' (a) By which stealing letters from the post, mail, &c. is made a capital felony. How recited act By 6 W. 4. c. 4., Whereas by an act passed in the last ses- 6 W. 4. c. 4. sion of parliament, intituled An act for abolishing capital punishments in cases of letter stealing and sacrilege, the punishment of death was taken away in cases of letter stealing and sacrilege; but by reason of a clerical error in copying the same, a doubt may be entertained whether persons guilty of such offences are now by law liable to any punishment: 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 the same act shall be read as if, instead of the words in the said act shall be read. so specified,' the words in the said acts so specified' had been inserted in the said act of the last session; and that all persons Persons con. who may hereafter be duly convicted of any of the offences men- victed of oftioned in the said act of the last session shall and may be sen- fences under tenced, by the court or judge by or before whom such offenders the same to be may be tried, to transportation for life, or for any term of not less punished at disthan seven, or to be imprisoned for any term not exceeding three years, with or without hard labour, and for any period of solitary confinement during such imprisonment, at the discretion of such court or judge. Sacrilege. [See p. 790.] [See 5 & 6 W. 4. c. 81. and 6 W. 4. c. 1. suprà.] Seamen. [See p. 791. et seq.] cretion of the judge. & 6 W. 4. c. 19. Common assaults com mitted abroad on board mer THE following enactments have reference to offences committed in regard to seamen on board merchant ships: 5 & 6 W. 4. c. 19. § 38. "Whereas by an act passed in the 5 ninth year of the reign of his late majesty king George the fourth, for consolidating and amending the statutes in England relative to offences against the person, a summary jurisdiction (a) is provided for the punishment of persons guilty of common assaults and batteries and whereas it is expedient that the provisions of the said chant ships may act should be extended to similar offences committed on board be summarily merchant ships as herein-after provided; be it therefore further punished by enacted, that in the case of any assault or battery which shall two justices after the commencement of this act be committed on board any merchant ship belonging to any subject of the U. K. in any place at sea, or out of H. M.'s dominions, it shall be lawful for any two justices of the peace in any part of H. M.'s dominions, upon complaint of the party aggrieved, to hear and determine any such complaint, and to proceed and make such adjudication thereon as by the said act any two justices are empowered to do, (a) 9 G. 4. c. 31. § 27. (sce p. 547.) at home. |