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to apply to all justices

and coro


recognizance, or inquisition, ought to have been delivered, shall, upon examination and proof of the offence, in a summary 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 These provisions are founded chiefly on the repealed statutes of 1 & 2 P. & M. c. 13, and 2 & 3 P. & M. c. 10.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 magis trate, 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
a perusal of this case it will be
found that the reasons for that de-
cision still exist. It is obvious that
parole evidence before a magistrate
ought not to be received until it is
clearly shown not to have been re-
duced into writing: 1 Phil. Ev. c.
5. The informations against the
prisoner before a magistrate are to
be taken on oath, but the account
given by the prisoner ought to be
taken without oath.
If the pri-
soner has been sworn, his state-
ment cannot be received: id.

It is felony
to levy a
fine, suffer a
&c. in an

21 Jac. 1, c. 26.

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

name not


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.

nor take


III. Provided always, and be it likewise enacted by the An attorney authority aforesaid, that this act shall not extend to any where judg may do it, 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.


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 sons 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 gaol 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, primâ 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.

5 Ric. 2, st. 1, c. 8.

"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.



statutes con- Item, it is accorded and assented, that the ordinances cerning 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

tries and

riots con


of those that make insurrections, or great ridings, riots, routs, or assemblies, in disturbance of the peace or of the common law, or in affray of the people, shall be holden and kept, and fully executed, joined to the same, that at all times that such forcible entry shall be made, and complaint thereof cometh to the justices of peace, or to any of them, that the same justices or justice take sufficient power of the county, and go to the place where such force is made; and if they find any that hold such place forcibly after such entry made, they shall be taken and put in the next gaol, there to abide convict by the record of the same justices or justice until they have made fine and ransom to the king: and that all the people of the county, as well the sheriffs as other, shall be attendant upon the same justices to go and assist the same justices to arrest such offenders, upon pain of imprisonment, and to make fine to the king. And, in the same manner, it shall be done of them that make such forcible entries in benefices or offices of holy church."

8 Hen. 6, c. 9.

I. [Recites the 15 Ric. 2, c. 2.]


"II. And for that the said statute doth not extend to entries in tenements in peaceable manner, and after holden with force, nor if the persons which enter with force into lands and tenements be removed and voided before the coming of the said justices or justice, as before, nor any pain ordained if the sheriff do not obey the commandments and precepts of the said justices for to execute the said ordinance, many wrongful aud forcible entries be daily made in lands and tenements by such as have no right, and also divers gifts, feoffments, and discontinuances, sometimes made to lords, and other puissant persons, and extortioners within the said counties where they be conversant, to have maintenance, and sometimes to such persons as be unknown to them so put out, to the intent to delay and defraud such rightful possessors of their right and recovery for ever, to the final disherison of divers of the king's faithful liege people, and likely daily to increase, if due remedy be not provided in this behalf." Our lord the king, considering the premises, hath ordained, "that the said statute, and all and duty of other statutes of such entries or alienations made in times justices of past, shall be holden and duly executed; joined to the peace when same, that from henceforth, where any doth make any for- any forcible entry is cible entry on lands and tenements, or other possessions, or made into them hold forcibly, after complaint thereof made within the lands, or same county where such entry is made, to the justices of peaceable entry and peace, or to one of them, by the party grieved, that the jus- after detices or justice so warned, within a convenient time shall taining with cause, or one of them shall cause, the said statute duly to force. be executed, and that at the costs of the party so grieved.

The office


Juror to have 40s.

"III. And moreover, though that such persons making such entry be present, or else departed before the coming of the said justices or justice, notwithstanding the same justices or justice in some good town next to the tenements so entered, or in some other convenient place, according to their discretion, shall have, or either of them shall have, authority and power to inquire by the people of the same county, as well of them that make such forcible entries in lands and tenements, as of them which the same hold with force; and if it be found before any of them, that any doth contrary to this statute, then the said justices or justice shall cause to reseize the lands and tenements so entered or holden as afore, and shall put the party so put out in full possession of the same lands and tenements so entered or holden as before.

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The justices'
IV. And also, when the said justices or justice make such
precept to inquiries as before, they shall make, or one of them shall
the sheriff to make their warrants and precepts to be directed to the
return a jury sheriff of the same county, commanding him, of the king's
to inquire
of forcible behalf, to cause to come before them, and every of them,
sufficient and indifferent personɛ, dwelling next about the
lands so entered as before, to inquire of such entries,
whereof every man, which shall be impanneled to inquire
in this behalf, shall have land or tenement of the yearly value
of forty shillings by year at the least, above reprises. And
that the sheriff return issues upon every of them at the day
of the first precept returnable xx. s., and at the second day
xl. s., and, at the third time, c. s., and at every day after,
The sheriff's the double. And if any sheriff or bailiff within a fran-
penalty for chise, having return of the king's writ, be slack, and make
not execution duly of the said precepts to him directed to
make such inquiries, that he shall forfeit to the king xx. li.
for every default, and moreover shall make fine and ransom
to the king.

per annum,


They may keep their land by force,

V. And that as well the justices or justice aforesaid, as the justices of assizes, and every of them, at their coming into the country to take assizes, shall have, and every of them shall have, power to hear and determine such defaults and negligencies of the said sheriffs and bailiffs, and every of them, as well by bill at the suit of the party grieved for himself as for the king, to sue by indictment only to be taken for the king. And if the sheriff or bailiff be duly attainted in this behalf by indictment, or by bill, that he which sueth for himself and for the king have the one moiety of the forfeiture of xx. li. together with his costs and expenses. And that the same process be made against such persons indicted or sued by bill in this behalf, as should be against persons indicted or sued by writ of trespass done with force and arms against the peace of the king.

VII. Provided always, that they which keep their possessions with force in any lands and tenements, whereof

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