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be confined as a prisoner of war in any prison or other place of confinement, or shall be suffered to be at large in his majesty's dominions or any part thereof on his parole, to escape from such prison or other place of confinement, or from his majesty's dominions, if at large upon parole, shall aiding priupon being convicted thereof be adjudged guilty of felony, soners of and be liable to be transported as a felon for life, or for war to such term of fourteen or seven years, as the court before escape. whom such person shall be convicted shall adjudge.
II. Provided always, and be it further enacted, that Persons every person who shall knowingly and wilfully aid or guilty of assist any such prisoner at large on parole in quitting any though they aiding, part of his majesty's dominions where he may be on his do not asparole, although he shall not aid or assist such person in sist the priquitting the coast of any part of his majesty's dominions, soner in shall be deemed guilty of aiding the escape of such person coast. quitting the under the provisions of this act.
III. And be it further enacted, that if any person or Punishment persons owing allegiance to his majesty, after any such of persons assisting, on prisoner as aforesaid hath quitted the coast of any part of the high his majesty's dominions in such his escape as aforesaid, seas, prishall knowingly and wilfully upon the high seas aid or soners to assist such prisoner in his escape to or towards any other escape. dominions or place, such person shall also be adjudged guilty of felony, and be liable to be transported as aforesaid; and such offences committed upon the high seas and not within the body of any county, shall and may be inquired of, tried, heard, determined, and adjudged in any county within the realm, in like manner as if such offences had been committed within such county.
IV. And be it also enacted, that this act shall not be Offences deemed or taken to prevent any person committing any may be offence mentioned in this act from being prosecuted, in wise than such manner as he might by law have been prosecuted if under the this act had not passed; but nevertheless, no person pro- the provisecuted otherwise than under the provisions of this act, sions of this shall be liable to be prosecuted for the same offence under the provisions hereof; and no person prosecuted under the provisions of this act shall for the same offence be liable to be otherwise prosecuted.
Note. The offence of aiding a prisoner at war to escape is not complete, if such prisoner is acting in concert with those under whose
charge he is, merely to detect the defendant, and has no intention to escape: R. v. Martin, R. & R. 196.
4 Geo. 4, c. 64.
XLIII. Be it enacted, that if any person shall convey vizors, &c. or cause to be conveyed into any prison to which this act into prisons, shall extend, any mask, vizor, or other disguise, or any prisoners to
tion for assisting prisoners to escape.
instrument or arms proper to facilitate the escape of any prisoners, and the same shall deliver or cause to be delivered to any prisoner in such prison, or to any other person there, for the use of any such prisoner, without the consent or privity of the keeper of such prison, every such person shall be deemed to have delivered such vizor or disguise, instrument or arms, with intent to aid and assist such prisoner to escape or attempt to escape; and if any person shall, by any means whatever, aid and assist any prisoner to escape or in attempting to escape from any prison, every person so offending, whether an escape be actually made or not, shall be guilty of felony, and being convicted thereof, shall be transported beyond the seas for any term not exceeding fourteen years.
1 Anne, st. 2, c. 9.
III. Be it enacted, that from and after the 12th day of February, 1702, all and every person and persons, who shall be produced or appear as a witness or witnesses on the behalf of the prisoner, upon any trial for treason or felony, before he or she be admitted to depose, or give any manner of evidence, shall first take an oath to depose the truth, the whole truth, and nothing but the truth, in such manner as the witnesses for the queen are by law obliged to do; and if convicted of any wilful perjury in such evidence, shall suffer all the punishments, penalties, forfeitures, and disabilities, which by any of the laws and statutes of this realm are, and may be, inflicted upon persons convicted of wilful perjury.
Note.-See 1 Stark. Ev. 95; and the observations of Lord Mansfield, in Atcheson v. Everett, Coup. 382.
7 & 8 Will. 3, c. 34.
"Whereas divers dissenters, commonly called Quakers, refusing to take an oath in courts of justice and other places, are frequently imprisoned, and their estates sequestered, by process of contempt issuing out of such Quakers, courts, to the ruin of themselves and families:" for reinstead of medy thereof, be it enacted, &c. that from and after an oath, to the fourth day of May, which shall be in the year of make the following our Lord, 1696, every Quaker within this kingdom of affirmation, England, dominion of Wales, or town of Berwick-uponTweed, who shall be required upon any lawful occasion to take an oath, in any case, where by law is required, shall, instead of the usual form, be permitted to make his or her solemn affirmation or declaration in these words following, viz:
"I, A. B., do declare, in the presence of Almighty God, the witness of the truth of what I say."
II. Which said solemn affirmation or declaration shall which is be adjudged and taken, and is hereby enacted and de- to be of the clared to be, of the same force and effect, to all intents in law, as and purposes, in all courts of justice and other places an oath. where by law an oath is required within this kingdom of England, dominion of Wales, or town of Berwick-uponTweed, as if such Quaker had taken an oath in the usual form.
VI. Provided, and be it enacted, that no Quaker Quakers or reputed Quaker shall by virtue of this act be qualified not to give or permitted to give evidence in any criminal causes, or criminal serve on any juries, or bear any office or place of profit causes, &c. in the government; any thing in this act contained to the contrary in any wise notwithstanding.
Note.-The 22 Geo. 2, c. 30, s. 3, contains a similar proviso with respeet to Moravians; but
that and the proviso contained in this act are virtually repealed by 9 Geo. 4, c. 32. See post, p. 130.
8 Geo. 1, c. 6.
Be it enacted, &c.,
stead of the solemn affirmation or declaration, in the form prescribed by the said act of the seventh and eighth years of the reign of his late majesty King William the Third, every such Quaker shall make the solemn declaration or affirmation following, viz:
"I, A. B., do solemnly, sincerely, and truly declare and affirm."
22 Geo. 2, c. 46.
XXXVI. "Whereas a doubt hath arisen, whether the solemn affirmation or declaration of the people called Quakers, prescribed by [8 Geo. 1, c. 6] can be allowed and taken instead of an oath, in any case wherein by any act or acts of parliament an oath is required, unless the said affirmation or declaration be by such act or acts of parliament particularly and expressly directed to be allowed and taken instead of such oath; by reason of which doubt the testimony of the said people called Quakers is frequently refused; whereby the said people, and others requiring their evidence, are subjected to great inconveniences:" Therefore, for removing the said doubt, Affirmation be it enacted and declared by the authority aforesaid, of Quakers that in all cases wherein by any act or acts of parliament all cases in now in force, or hereafter to be made, an oath is, or shall lieu of an be allowed, authorized, directed, or required, the solemn oath reaffirmation or declaration of any of the people called quired by act of par Quakers, in the form prescribed by the said act made in the
eighth year of his said late majesty's reign, shall be allowed and taken instead of such oath, although no particular or express provision be made for that purpose in such act or acts; and all persons who are or shall be authorized or required to administer such oath, shall be, and are hereby authorized and required to administer the said affirmation or declaration; and the said solemn affirmation or declaration, so made as aforesaid, shall be adjudged and taken, and is hereby enacted and declared to be of the same force and effect, to all intents and purposes, in all courts of justice, and other places, where by law an oath is or shall be allowed, authorized, directed, or required, Penalty on false affirm- as if such Quaker had taken an oath in the usual form; ing. and if any person making such affirmation or declaration shall be lawfully convicted of having wilfully, falsely, and corruptly affirmed and declared any matter or thing, which, if the same had been deposed in the usual form, would have amounted to wilful and corrupt perjury, every person so offending shall incur and suffer the like pains, penalties, and forfeitures, as by the statutes of this realm are to be inflicted on persons convicted of wilful and corrupt perjury.
Not to extend to criminal cases, &c.
XXXVII. Provided nevertheless, and be it enacted, that no Quaker shall, by virtue of this act, be qualified or permitted to give evidence in any criminal cases, or to serve on juries, or to bear any office or place of profit in the government; any thing herein contained to the contrary notwithstanding. (But this clause is virtually repealed by 9 Geo. 4, c. 32. See next page.)
9 Geo. 4, c. 15.
Whereas great expense is often incurred, and delay or failure of justice takes place at trials, by reason of variances between writings produced in evidence, and the recital or setting forth thereof upon the record on which the trial is had, in matters not material to the merits of the case, and such record cannot now in any case be amended at the trial, and in some cases cannot be amended at any time: for remedy thereof, be it 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 it shall and may be lawful for every court of record holding plea in civil actions, any judge sitting at nisi prius, and any court of oyer and terminer and general gaol delivery in England, Wales, the town of Berwick-upon-Tweed, and Ireland, if such court or judge shall see fit so to do, to record, the cause the record on which any trial may be pending before any such judge or court in any civil action, or in any indictment or information for any misdemeanor, when any variance shall appear between any matter, in writing or in
In cases where a variance shall appear be
print, produced in evidence and the recital or setting forth be amended thereof upon the record whereon the trial is pending, to be on payment forthwith amended in such particular by some officer of the court, on payment of such costs (if any) to the other party as such judge or court shall think reasonable; and thereupon the trial shall proceed as if no such variance had appeared; and in case such trial shall be had at nisi prius, the order for the amendment shall be indorsed on the postea, and returned together with the record; and thereupon the papers, rolls, and other records of the court from which such record issued, shall be amended accordingly.
9 Geo. 4, c. 32.
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 Moravian who shall be required to give evidence in any case whatever, Quakers or criminal or civil, shall, instead of taking an oath in the usual Moravians form, be permitted to make his or her solemn affirmation shall be or declaration in the words following: that is to say, " I, in criminal A. B., do solemnly, sincerely, and truly declare, and affirm;" cases. 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 affirmation or declaration shall be convicted of having wilfully, falsely, and corruptly affirmed or declared any matter or thing, which, if 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.
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 whose name statute, against any person, for forging any deed, writing, shall be a 18 forged instrument, or other matter whatsoever; or for uttering or competent disposing of any deed, writing, instrument, or other matter witness in whatsoever, knowing the same to be forged; or for being prosecutions for forgery. 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