« PreviousContinue »
after it has been en
have the effect of a pardon under the great seal.
supposed to have in respect of such deed, writing, instrument, or other matter.
Every III. And whereas it is expedient to prevent all doubts punishment respecting the civil rights of persons convicted of felonies for felony, not capital, who have undergone the punishment to which they were adjudged; be it therefore enacted, that where any offender hath been or shall be convicted of any felony not punishable with death, and hath endured or shall endure the punishment to which such offender hath been or shall be adjudged for the same, the punishment so endured hath and shall have the like effects and consequences as a pardon under the great seal as to the felony whereof the offender was so convicted: provided always, that nothing herein contained, nor the enduring of such punishment, shall prevent or mitigate any punishment to which the offender might otherwise be lawfully sentenced on a subsequent conviction for any other felony.
a party an
IV. And whereas there are certain misdemeanors which render the parties convicted thereof incompetent witnesses, (except per- and it is expedient to restore the competency of such parties jury), shall render after they have undergone their punishment; be it therefore enacted, that where any offender hath been or shall be convicted of any such misdemeanor (except perjury, or subornation of perjury), and hath endured, or shall endure, the punishment to which such offender hath been, or shalĺ be, adjudged for the same, such offender shall not, after the punishment so endured, be deemed to be, by reason of such misdemeanor, an incompetent witness in any court or proceeding, civil or criminal.
after he has undergone the punish
shall take down in
(See also title " Bail.”)
7 Geo. 4, c. 64.
Before any II. Whereas it is expedient to amend and extend the person provisions of two acts, the first passed in the first and se.. charged with felony, cond years of the reign of King Philip and Queen Mary, &c. shall be entitled "An Act appointing an Order to Justices of Peace bailed or for the Bailment of Prisoners," and the second passed in the committed, second and third years of the same reign, intituled "An Act the justices to take Examination of Prisoners suspected of Manslaughter or Felony;" be it therefore enacted, that the two justices of the peace, before they shall admit to bail, and the justice or justices, before he or they shall commit to prison any person arrested for felony or on suspicion of felony, shall take the examination of such person, and the information upon oath of those who shall know the facts and circumstances of the case, and shall put the same, or as much thereof as shall be material, into writing; and the two justices shall certify such bailment in writing; and every such
and bind witnesses to appear at the trial.
justice shall have authority to bind, by recognizance, all such persons as know or declare any thing material touching any such felony, or suspicion of felony, to appear at the next court of oyer and terminer, or gaol delivery, or superior criminal court of a county palatine, or great session or sessions of the peace, at which the trial thereof is intended to be, then and there to prosecute, or give evidence against the party accused; and such justices and jus- Examinatice respectively shall subscribe all such examinations, in- tions, &c. formations, bailments, and recognizances, and deliver, or livered to cause the same to be delivered to the proper officer of the the court. court in which the trial is to be, before, or at the opening
of the court.
to be de
III. And be it further enacted, that every justice of the Duty of peace before whom any person shall be taken on a charge justice on of misdemeanor, or suspicion thereof, shall take the ex- charges of amination of the person charged, and the information upon meanor. oath of those who shall know the facts and circumstances of the case, and shall put the same, or as much thereof as shall be material, into writing, before he shall commit to prison, or require bail from the person so charged; and in every case of bailment, shall certify the bailment in writing; and shall have authority to bind all persons by recognizance, to appear to prosecute, or give evidence against the party accused, in like manner as in cases of felony; and shall subscribe all examinations, informations, bailments, and recognizances, deliver, or cause the same to be delivered, to the proper officer of the court in which the trial is to be, before, or at the opening of the court, in like manner as in cases of felony.
IV. And be it further enacted, that every coroner, upon Duty of any inquisition before him taken, whereby any person shall coroner. be indicted for manslaughter or murder, or as an accessary to murder, before the fact, shall put in writing the evidence given to the jury before him, or as much thereof as shall be material, and shall have authority to bind, by recognizance, all such persons as know or declare any thing material touching the said manslaughter or murder, or the said offence of being accessary to murder, to appear at the next court of oyer and terminer, or gaol delivery, or superior criminal court of a county palatine, or great sessions, at which the trial is to be, then and there to prosecute or give evidence against the party charged; and every such coroner shall certify and subscribe the same evidence, and all such recognizances, and also the inquisition before him taken, and shall deliver the same to the proper officer of the court in which the trial is to be, before or at the opening of the court.
V. And be it further enacted, that if any justice or coro- Penalty on ner shall offend in any thing contrary to the true intent justices and and meaning of these provisions, the court, to whose officer coroners. any such examination, information, evidence, bailment,
to apply to all justices
recognizance, or inquisition, ought to have been delivered, shall, upon examination and proof of the offence, in a sum – mary manner, set such fine upon every such justice or coroner as the court shall think meet.
VI. And be it further enacted, that all these provisions relating to justices and coroners, shall apply to the justices and coroners not only of counties at large, but also of all other jurisdictions.
Note. These provisions founded chiefly on the repealed statutes of 1 & 2 P. & M. c. 13, and 2 & 3 P. & M. c. 10. The identity of the examination ought to be proved by the magistrate, coroner, or his clerk: 1 H. P. C. 284. Under the old statutes, it was held that a voluntary confession of felony, made by a prisoner on his examination before a magistrate, and reduced by the magistrate into writing, might be given in evidence at the trial, though the magistrate had neglected, and the prisoner had refused, to sign it:
Lambe's case, 2 Leach, 552. Upon
It is felony to levy a fine, suffer a recovery, &c. in an other's
Whereas it is of late grown to be a great and general grievance to his majesty's subjects within the realm of England, and the dominion of Wales, that many lewd persons of base condition, for very little reward or recompence, have of late years used, and still do use, to levy fines, and suffer recoveries of lands and other hereditaments, to acknowledge statutes, recognizances, bails, and judgments, in the name or names of any other person or persons not privy or consenting to the same, which hath, and daily doth, turn to the great inquietation, charge, trouble, and undoing of many of the good subjects of this kingdom, and the rather, for that there is no remedy in law to reform these
and the like abuses.
II. For remedy whereof, be it enacted, &c., that all and every person and persons which at any time after the end of this present session of parliament shall acknowledge, or procure to be acknowledged, any fine or fines, recovery or recoveries, deed or deeds enrolled, statute or statutes, reprivy there- Cognizance or recognizances, bail or bails, judgment or judgments, in the name or names of any other person or
persons not privy or consenting to the same, and being thereof lawfully convicted or attainted, shall be adjudged, esteemed, and taken to be felons, and suffer the pains of death, and incur such forfeitures and penalties, as felons in other cases convicted or attainted, do by the laws of England lose and forfeit, without the benefit or privilege of clergy to be allowed to any such offender or offenders; This felony provided always, that such attainder shall not be any cor- not to corruption of blood, nor loss of dower to the wife, but the next rupt the heir shall have the lands whereof such persons attainted blood, died seized, and such wife her dower, as if no such at- away
tainder had been had.
may do it,
III. Provided always, and be it likewise enacted by the An attorney authority aforesaid, that this act shall not extend to any where judg judgment or judgments acknowledged by any attorney ment is or attorneys of record, for any person or persons against given. whom any such judgment or judgments shall be had or given.
Note.-Under this act it has been holden, that the bare personating of bail before a judge at chambers, or the acknowledging thereof in another name, is no felony, unless
the bail be filed, but only a misdemeanor: 2 E. P. C. 109. Putting in bail in the name of persons who never existed is not within the act: Anon. 1 Stra. 384.
4 Will. and Mary, c. 4.
I. [Enacts, that the judges may make any persons, except attorneys and solicitors, commissioners to take bail in the country in civil actions.]
III. [Enacts, that justices of assize may also take bail.] IV. And be it further enacted, by the authority aforesaid, that any person or persons who shall, before any person or persons empowered, by virtue of this act, as aforesaid, to take bail or bails, represent or personate any other person or persons, whereby the person or persons so represented and personated may be liable to the payment of any sum or sums of money for debt or damages to be recovered in the same suit or action, wherein such person or persons are represented and personated, as if they had really acknowledged and entered into the same, being lawfully convicted thereof, shall be adjudged, esteemed, and taken to be felons, and suffer the pains of death, and incur such forfeitures and penalties as felons in no other cases convicted or attainted do, by the law of England, lose and forfeit.
PERSONATING SEAMEN, &C.
5 Geo. 4, c. 107.
V. Whereas, it is expedient that the crimes of personating and falsely assuming the name and character of any person
entitled to prize-money or pension, for the purpose of fraudulently receiving the same, should no longer be punished Punishment with death: be it enacted, that from and after the passof person- ing of this act, whosoever shall willingly and knowingly ating persons entitled personate or falsely assume the name or character of any
to prizemoney, or pensions, changed to transportation.
officer, soldier, seaman, marine, or other person entitled or supposed to be entitled to any wages, pay, pension, prizemoney, or other allowance of money for service done in his majesty's army or navy, or shall personate or falsely assume the name or character of the executor or administrator, wife, relation, or creditor of any such officer or soldier, seaman, marine, or other person, in order fraudulently to receive any wages, pay, pension, prize-money, or other allowances of money due, or supposed to be due, for or on account of the services of any such officer or soldier, seaman or marine, or other person, every such person, being thereof convicted, shall be liable, at the discretion of the court, to be transported beyond seas for life, or for any term of years not less than seven, or to be imprisoned only, or imprisoned and kept to hard labour in the common gaoĺ or house of correction, for any time not exceeding seven years.
Note. As the false personating must be done in order to receive the wages, &c., of some seaman, &c., entitled or supposed to be entitled thereto, there must be some evidence to show that there was such a person of the name and character assumed, who was either entitled, or might, prima facie, at least be
supposed to be entitled, to receive the wages, &c., attempted to be acquired: Brown's case, 2 E. P. C. 1007. The act will apply, though the personated seaman be dead, R. v. Martin, R. & R. 324; and even though, in addition to this circumstance, the prize-money has been paid: R. v. Cramp, id. 327.
"And also the king defendeth, that none from henceforth make any entry into any lands and tenements, but in case where entry is given by the law; and in such case not with strong hand, nor with multitude of people, but only in peaceable and easy manner. And if any man from henceforth do to the contrary, and thereof be duly convict, he shall be punished by imprisonment of his body, and thereof ransomed at the king's will.
15 Ric. 2, c. 2.
"Item, it is accorded and assented, that the ordinances and statutes, made and not repealed, of them that make forcible en- entries with strong hand into lands and tenements, or other possessions whatsoever, and them hold with force, and also