this act, or shall knowingly or wilfully make use of any certificate or other instrument so counterfeited, erased, altered, or falsified, or shall wilfully grant such certificate or other instrument in writing, knowing it to be false, such person or persons shall, for every such offence, forfeit the sum of five hundred pounds.. Inclosure Act. 41 Geo. 3, c. 109. I. [Enacts that no person shall act as a commissioner under any future inclosure act, (except signing notice of first meeting and administering the oath,) until he shall have taken the oath herein prescribed.] sioners III. And whereas disputes or doubts may arise, con- Commiscerning the boundaries of parishes, manors, hamlets, or shall inquire districts, adjoining thereto; be it therefore enacted, that into the the commissioner or commissioners appointed in or by virtue boundaries of any such act shall, and he or they is and are hereby of parishes, authorized and required, by examination of witnesses upon oath or affirmation, (which oath or affirmation any one of such commissioners is hereby empowered to administer,) and by such other legal ways or means as he or they shall think proper, to inquire into the boundaries of such several parishes, manors, hamlets, or districts. IV. [A survey, admeasurement, plan, and valuation, of the lands, &c. to be inclosed shall be made, and kept by the commissioners,] and the person or persons who shall make such survey, admeasurement, plan, and valuation, shall specify the same upon oath or affirmation, at any meeting to be held after the making thereof, (which oath or affirmation the commissioners, or any one of them, are and is hereby empowered and required to administer;) and the proprietors and their respective agents, and all persons interested therein, shall at all seasonable times have liberty to peruse and inspect such admeasurement and plan only, and to take copies thereof and extracts therefrom respectively. XXXIII. And, for the better enabling such commis- Commissioners may sioner or commissioners to determine the several matters summon and things, by this or any such act referred to his or their witnesses. determination, be it enacted, that it shall be lawful to and for the said commissioner or commissioners, from time to time, as he or they shall see occasion, by any writing or writings, under his or their hand or hands, to summon and require any person or persons to appear before them, at any time and place, in such writing to be appointed, to testify the truth touching the matter in dispute between any proprietors or interested persons, or otherwise relating to the execution of the powers given by this or any Affidavits of the notices required. Persons forswearing themselves, guilty of perjury. such act, and to cause a copy of such writing to be served on such person or persons required to give evidence, or to be left at his, her, or their usual or last place of abode; XLII. And be it further enacted, that it shall and may be lawful for any two or more justices of the peace to take affidavits on oath or affirmation, (which oath or affirmation such justices are hereby authorized and empowered to administer) of the notices required for such bills having been given, of the consents of the parties interested therein, of the allegations contained in the preambles of such bills, and of the quantity of the land to be inclosed; and that such affidavits shall respectively be in the forms contained in the schedule hereunto annexed, as near as the circumstances of the case will admit; and that such affidavits shall not be subject or liable to any stamp duties what soever. XLIII. And be it further enacted, that if any person or persons shall, in any examination, affidavit, deposition, or affirmation, to be had or taken in pursuance of this act, before such justice or justices, or such commissioner or commissioners, knowingly and wilfully swear or affirm any matter or thing which shall be false or untrue, every such person so offending shall, on conviction thereof, be deemed guilty of perjury, and shall suffer the like pains and penalties as persons guilty of wilful and corrupt perjury are now subject and liable to. Perjury at Elections. (See also ante, tit. “ Bribery.” I. Whereas several delays and inconveniences have arisen in elections of knights of shires to serve in Parliament, to the great trouble and expense of the candidates and electors; for remedy thereof, be it enacted, &c. that from and after the 24th day of June, 1745, upon every election to be made within that part of Great Britain called England, or dominion of Wales, of any knight or knights of the shire to serve in parliament, every freeholder, instead of the oath or affirmation prescribed to be taken by an act of parliament made in the tenth year of the reign of her late majesty Queen Anne, intituled, “ An Act for the more effectual preventing Fraudulent Conveyances, the oath by in order to multiply Votes for electing Knights of Shires to serve in Parliament," before he is admitted to poll at the said election, shall (if required by the candidates, or any pointed for of them, or any other person having a right to vote at the said election) first take the oath (or being one of the people called quakers, the solemn affirmation) following, videlicet Instead of 10 Ann, c. 23, another is ap freeholders. "You shall swear (or being one of the people called The oath. Quakers, you shull solemnly affirm) that you are a freeholder in the county of estate, consisting of and have a freehold (specifying the nature of such freehold estate, whether messuage, land, rent, tithe, or at value of forty shillings, over and above all rents and in Which oath (or solemn affirmation) the sheriff by him- By whom self, his under-sheriff, or such sworn clerk or clerks as to be administered. shall be by him appointed for the taking of the poll, is hereby required to administer: and in case any freeholder or other person taking the said oath or affirmation hereby appointed, shall thereby commit wilful perjury, and be thereof convicted; and if any person do unlawfully or corruptly procure or suborn any freeholder or other person to take the said oath or affirmation, in order to be polled, whereby he shall commit such wilful perjury, and shall be thereof convicted, he and they, for every such offence, shall Penalty of ircur such pains and penalties as are in and by two acts of perjury, or parliament, the one made in the fifth year of the reign of the late Queen Elizabeth, intituled, "An Act for punishing such Persons as shall procure or commit wilful Perjury, or suborn or procure any Person to commit any wilful or corrupt Perjury;" the other made in the second year of his present majesty, intituled, " An Act for the more effectual preventing and further Punishment of Forgery, Perjury, and Subornation of Perjury; and to make it Felony to steal Bonds, Notes, or other Securities for Payment of Money," contrary to the said acts. 19 Geo. 2, Whereas, by an act made and passed in the last session of parliament, intituled, "An Act to explain and amend the subornat ion Laws touching the Elections of Knights of the Shire to serve in Parliament for that Part of Great Britain called England," several good provisions were enacted for the better regulating the said elections; and whereas it is reasonable that like provisions should be made for the due election of members to serve in parliament for such cities and towns in that part of Great Britain called England, as are counties of themselves, and in which persons have a right to vote for electing such members, for and in respect of freehold lands, tenements, or hereditaments, of the yearly value of forty shillings: therefore, be it enacted, &c. that Persons de- from and after the 24th day of June, 1746, every person manding to demanding to vote for the election of any member to serve the election in parliament for such city or town, being a county of itself, of members, in that part of Great Britain called England, for and in if required, respect of any freehold estate of forty shillings a year, oath follow. shall, before he is admitted to poll at the said election (if required by the candidates, or any of them, or any person having a right to vote at the said election) first take the oath (or being a Quaker, the solemn affirmation) following, videlicet. vote for to take the ing, &c. The oath. The oath, &c. by adminis "You shall swear (or being a Quaker, you shall solemnly affirm) that you have a freehold estate, consisting of (specifying the nature of such freehold estate, whether messuage, land, rent, tithe, or what else; and if such freehold estate consists in messuages, lands, or tithes, then specifying in whose occupation the same are; and, if rent, then specifying the names of the owners or possessors of the lands or tenements, out of which such rent is issuing, or some or one of them) lying or being in the city and county, or town and county (as the case may be) of of the clear yearly value of forty shillings, over and above all rents and charges payable out of, or in respect of, the same; and that you have been in the actual possession or receipt of the rents and profits thereof, for your own use, above twelve calendar months, or that the same came to you within the time aforesaid, by descent, marriage, marriage-settlement, devise, or promotion to a benefice in a church, or by promotion to an office; and that such freehold estate has not been granted or made to you fraudulently, on purpose to qualify you to give your vote; and that the place of your abode is at and that you are twenty-one years of age, as you believe; and that you have not been polled before at this election." in Which oath (or solemn affirmation) the sheriff or sheriffs whom to be by him or themselves, or his or their under sheriff or under sheriffs, or such sworn clerk or clerks as shall be by him or them appointed for the taking of the poll, is and are hereby required to administer; and in case any freeholder, or other person, [&c. as in last act.] tered. 495 PETIT TREASON. 9 Geo. 4, c. 31. treated in II. Be it enacted, that every offence which before the Petit treacommencement of this act would have amounted to petit son to be treason, shall be deemed to be murder only, and no greater all respects offence; and all persons guilty in respect thereof, whether as murder. as principals or as accessories, shall be dealt with, indicted, tried, and punished as principals and accessories in murder. PIRACY. 1. JURISDICTION OF THE COURT OF ADMIRALTY, p. 495. 2. MODE OF TRIAL, &c. p. 496. 3. OFFENCES MADE PIRACY BY STATUTE, p. 501. 15 Rich. 2, c. 3. Item, at the great and grievous complaint of all the commons made to our lord the king in this present parliament, for that the admirals and their deputies do encroach to them divers jurisdictions, franchises, and many other profits pertaining to our lord the king, and to other lords, cities, and boroughs, other than they were wont or ought to have of right, to the great oppression and impoverishment of all the commons of the land, and hindrance and loss of the king's profits, and of many other lords, cities, and boroughs through the realm; it is declared, ordained, and established, that of all manner of contracts, pleas, and quarrels, and all other things arising within the bodies of the counties, as well by land as by water, and also of wreck of the sea, the admiral's court shall have no manner of cognizance, power, nor jurisdiction, but all such manner of contracts, pleas, and quarrels, and all other things rising within the bodies of counties, as well by land as by water, as afore, and also wreck of the sea, shall be tried, determined, discussed, and remedied by the laws of the land, and not before nor by the admiral, nor his lieutenant, in any wise. Nevertheless, of the death of a man, and of a maihem done in great ships, being and hovering in the main stream of great rivers, only beneath the bridges of the same rivers nigh to the sea, and in none other places of the same rivers, the admiral shall have cognizance, and also to arrest ships in the great flotes for the great voyages of the king and of the realm; saving always to the king all manner of forfeitures and profits thereof coming: and he shall have also jurisdiction upon the said flotes, during the said voyages only, saving always to the lords, cities, and boroughs, their liberties and franchises. |
