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II. Provided always, and be it further enacted, That nothing herein contained shall extend to make it illegal to set any gin or trap such as may have been or may be usually set with the intent of destroying vermin.

III. And be it further enacted and declared, That if any person shall knowingly and wilfully permit any such spring gun, mantrap, or other engine as aforesaid, which may have been set, fixed, or left in any place then being in or afterwards coming into his or her possession or occupation, by some other person or persons, to continue so set or fixed, the person so permitting the same to continue shall be deemed to have set and fixed such gun, trap, or engine, with such intent as aforesaid.

IV. Provided always, and be it further enacted, That nothing in this Act shall be deemed or construed to make it a misdemeanour within the meaning of this Act, to set or cause to be set, or to be continued set, from sunset to sunrise, any spring gun, man-trap, or other engine, which shall be set or caused or continued to be set in a dwelling-house for the protection thereof.

V. Provided always, and it is hereby further enacted and declared, That nothing in this Act contained shall in any manner affect or authorize any proceedings in any civil or criminal Court touching any matter or thing done or committed previous to the passing of this Act.

No. 3.

Act 7 & 8

G. 4, c. 18.

Persons permitting Guns, Traps, &c., set by others to continue, deemed to have

set the same.

Proviso for

Guns, Traps,
&c., set for the
protection of
Dwelling-
Houses.

Not to affect proceedings already commenced.

Not to extend

VI. Provided always, and be it further enacted, That nothing in this Act contained shall extend or be construed to extend to that to Scotland. part of the United Kingdom called Scotland.

No. 4.-9 Geo. 4, ch. 32. An Act for amending the Law of Evidence in certain cases. (27th June, 1828.)

W

No. 4. Act 9 G. 4, c. 32.

inay, instead

make their solemn Afhirmation, which shall be of

HEREAS 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, Quakers or by and with the advice and consent of the Lords Spiritual and Moravians Temporal, and Commons, in this present Parliament assembled, required to and by the authority of the same, that every Quaker or Moravian give Evidence who shall be required to give evidence in any case whatsoever, of an Oath, criminal or civil, shall, instead of taking an oath in the usual form, be permitted to make his or her solemn affirmation or declaration in the words following: that is to say, I, A. B., do solemnly, sincerely, and truly declare and affirm;" 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.

the same effect in all cases, Civil

or Criminal.

c. 32.

The party

No. 4. II. And be it enacted, That on any prosecution by indictment Act 9 G. 4, or information, either at common law or by virtue of any statute against any person for forging any deed, writing, instrument, or other matter whatsoever; or for uttering or disposing of any deed, writing, instrument, or other matter whatsoever, knowing the same to be forged; or for being accessary 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 misdemeanour; 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 supposed to have in respect of such deed, writing, instrument, or other matter.

whose name is forged shall be a competent Witness in Prosecutions for Forgery.

Every punishment for

Felony, after it has been endured, shall have

the effect of a Pardon under the Great Seal.

No Misdemeanour (except Perjury)

shall render

a party an incompetent Witness after he has undergone the

Punishment.

III. And whereas it is expedient to prevent all doubts respecting the civil rights of persons convicted of felonies 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 es 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.

IV. And whereas there are certain misdemeanours which render the parties convicted thereof incompetent witnesses, and it is expedient to restore the competency of such parties after they have undergone their punishment; Be it therefore enacted, That where any offender hath been or shall be convicted of any such misdemeanour (except perjury or subornation of perjury), and hath endured or shall endure the punishment to which such offender hath been or shall be adjudged for the same, such offender shall not, after the punishment so endured, be deemed to be by reason of such misdemeanour, an incompetent witness in any Court or proceeding, civil or criminal.

No. 5. Act 10 G. 4, c. 7.

No. 5.-10 Geo. 4, ch. 7. An Act for the relief of His Majesty's
Roman Catholic Subjects. (13th April, 1829.)

WHE

HEREAS by various Acts of Parliament certain restraints and disabilities are imposed on the Roman Catholic subjects of His Majesty, to which other subjects of His Majesty are not liable; And whereas it is expedient that such restraints and disabilities shall be from henceforth discontinued; And whereas by various Acts certain oaths and certain declarations, commonly called the declaration against transubstantiation, and the declaration against transubstantiation and the invocation of saints and the sacrifice of the mass as practised in the Church of Rome are or may be required to be taken, made, and subscribed by the subjects of His Majesty, as qualifications for sitting and voting in Parliament, and for the enjoyment of certain offices, franchises, and civil

c. 7. Acts relating to Declarations

rights; Be it enacted by the King's most Excellent Majesty, by and No. 5. with the advice and consent of the Lords Spiritual and Temporal, Act 10 G. 1, and Commons, in this present Parliament assembled, and by the authority of the same, that from and after the commencement of this Act all such parts of the said Acts as require the said declarations, or either of them to be made or subscribed by any of His against TianMajesty's subjects as a qualification for sitting and voting in Par- substantiation, liament, or for the exercise or enjoyment of any office, franchise, or repealed. civil right, be and the same are (save as hereinafter provided and excepted) hereby repealed.

vote in Par

II. And be it enacted, That from and after the commencement of Roman this Act it shall be lawful for any person professing the Roman Catholics Catholic religion being a peer, or who shall after the commence- may sit and ment of this Act be returned as a member of the House of Com- liament, on mons, to sit and vote in either House of Parliament respectively, taking the being in all other respects duly qualified to sit and vote therein Oath. upon taking and subscribing the following oath, instead of the oaths of allegiance, supremacy, and abjuration :—

"I, A. B., do sincerely promise and swear that I will be faithful and bear true allegiance to His Majesty King George the Fourth, and will defend him to the utmost of my power against all conspiracies and attempts whatever which shall be made against his person, crown, or dignity; and I will do my utmost endeavour to disclose and make known to His Majesty, his heirs, and successors, all treasons and traitorous conspiracies which may be formed against him or them: And I do faithfully promise to maintain, support, and defend to the utmost of my power the succession of the crown, which succession by an Act, entitled 'An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject,' is and stands limited to the Princess Sophia, electress of Hanover, and the heirs of her body, being protestants; hereby utterly renouncing and abjuring any obedience or allegiance unto any other person claiming or pretending a right to the crown of this realm: And I do further declare that it is not an article of my faith, and that I do renounce, reject, and abjure the opinion that princes excommunicated or deprived by the Pope or any other authority of the see of Rome may be deposed or murdered by their subjects, or by any person whatsoever: And I do declare that I do not believe that the Pope of Rome or any other foreign prince, prelate, person, state, or potentate, hath or ought to have any temporal or civil jurisdiction, power, superiority, or pre-eminence, directly or indirectly, within this realm. I do swear that I will defend to the utmost of my power the settlement of property within this realm as established by the laws: And I do hereby disclaim, disavow, and solemnly abjure any intention to subvert the present church establishment as settled by law within this realm: And I do solemnly swear that I never will exercise any privilege to which I am or may become entitled to disturb or weaken the Protestant religion or Protestant Government in the United Kingdom: And I do solemnly, in the presence of God, profess, testify, and declare that I do make this declaration and every part thereof in the plain and ordinary sense of the words of this oath, without any evasion, equivocation, or mental reservation whatsoever,

"SO HELP ME GOD."

No. 5.

Act 10 G. 4, c. 7.

The Name of the Sovereign for the time being to be used in the Oath.

No Roman Catholic capable of sitting or voting until he has taken the Oath.

Roman
Catholics
may vote at
Elections,

and be elected,
upon taking
the Oath.

Oath shall be administered in the same manner as

former Oaths.

Persons administering Oaths at Elections to take an Oath duly to administer.

III. And be it further enacted, That wherever in the oath hereby appointed and set forth the name of His present Majesty is expressed or referred to, the name of the sovereign of this kingdom for the time being by virtue of the Act for the further limitation of the Crown and better securing the rights and liberties of the subject, shall be substituted from time to time with proper words of reference thereto.

IV. Provided always, and be it further enacted, That no peer professing the Roman Catholic religion, and no person professing the Roman Catholic religion who shall be returned a member of the House of Commons after the commencement of this Act shall be capable of sitting or voting in either House of Parliament respectively, unless he shall first take and subscribe the oath hereinbefore appointed and set forth before the same persons, at the same times and places, and in the same manner as the oaths and the declaration now required by law are respectively directed to be taken, made, and subscribed; and that any such person professing the Roman Catholic religion who shall sit or vote in either House of Parliament without having first taken and subscribed in the manner aforesaid the oath in this Act appointed and set forth, shall be subject to the same penalties, forfeitures, and disabilities, and the offence of so sitting or voting shall be followed and attended by and with the same consequences as are by law enacted and provided in the case of persons sitting or voting in either House of Parliament respectively, without the taking, making, and subscribing the oaths and the declaration now required by law.

V. And be it further enacted, That it shall be lawful for persons professing the Roman Catholic religion to vote at elections of members to serve in Parliament for England and for Ireland, and also to vote at the elections of representative peers of Scotland and of Ireland, and to be elected such representative peers, being in all other respects duly qualified upon taking and subscribing the oath herein before appointed and set forth, instead of the oaths of allegiance, supremacy, and abjuration, and instead of the declaration now by law required, and instead also of such other oath or oaths as are now by law required to be taken by any of His Majesty's subjects professing the Roman Catholic religion, and upon taking also such other oath or oaths as may now be lawfully tendered to any persons offering to vote at such elections.

VI. And be it further enacted, That the oath hereinbefore appointed and set forth shall be administered to His Majesty's subjects professing the Roman Catholic religion for the purpose of enabling them to vote in any of the cases aforesaid in the same manner, at the same time, and by the same officers or other persons as the oaths for which it is hereby substituted are or may be now by law administered; and that in all cases in which a certificate of the taking, making, or subscribing of any of the oaths or of the declaration now required by law is directed to be given a like certificate of the taking or subscribing of the oath hereby appointed and set forth shall be given by the same officer or other person, and in the same manner as the certificate now required by law is directed to be given, and shall be of the like force and effect.

VII. And be it further enacted, That in all cases where the persons now authorized by law to administer the oaths of allegiance, supremacy, and abjuration to persons voting at elections are them

No. 5.

selves required to take an oath previous to their administering such

oaths, they shall, in addition to the oath now by them taken, take Act 10 G. 4, an oath for the duly administering the oath hereby appointed and set forth, and for the duly granting certificates of the same.

c. 7.

any Acts as require the Formula

contained in 8 & 9 W. 3, c. 3 (S.) to be tendered or taken,

repealed.

Roman

VIII. And whereas in an Act of the Parliament of Scotland So much of made in the eight and ninth session of the first Parliament of King William the Third, entitled " An Act for the preventing the Growth of Popery," a certain declaration of formula is therein contained which it is expedient should no longer be required to be taken and subscribed; Be it therefore enacted, that such parts of any Acts as authorize the said declaration or formula to be tendered, or require the same to be taken, sworn, and subscribed, shall be and the same are hereby repealed, except as to such offices, places, and rights as are hereinafter excepted; and that from. and after the commencement of this Act it shall be lawful for persons professing the Roman Catholic religion to elect and be elected members to serve in Parliament for Scotland, and to be enrolled as freeholders in any shire or stewartry of Scotland, and to be chosen commissioners or delegates for choosing burgesses to serve in Parliament for any districts of burghs in Scotland, being in all other respects duly qualified, such persons always taking and subscribing the oath hereinbefore appointed and set forth instead of the oaths of allegiance and abjuration as now required by law at such time as the said last-mentioned oaths, or either of them, are now required by law to be taken.

IX. And be it further enacted, That no person in holy orders in the Church of Rome shall be capable of being elected to serve in Parliament as a member of the House of Commons; and if any such person shall be elected to serve in Parliament as aforesaid, such election shall be void; and if any person being elected to serve in Parliament as a member of the House of Commons shall, after his election, take or receive holy orders in the Church of Rome, the seat of such person shall immediately become void; and if any such person shall in any of the cases aforesaid presume to sit or vote as a member of the House of Commons, he shall be subject to the same penalties, forfeitures, and disabilities as are enacted by an Act passed in the Forty-first year of the reign of King George the Third, entitled "An Act to remove Doubts respecting the Eligibility of Persons in Holy Orders to sit in the House of Commons ;" and proof of the celebration of any religious service by such person according to the rites of the Church of Rome shall be deemed and taken to be primâ facie evidence of the fact of such person being in holy orders within the intent and meaning of this Act.

Catholics

may elect and

be elected

ters for

Scotland.

No Roman
Catholic Priest

to sit in the
House of

Commons.

may hold
Civil and

Military
Offices under
His Majesty,

X. And be it enacted, That it shall be lawful for any of His Roman Majesty's subjects professing the Roman Catholic religion, to hold, Catholics exercise, and enjoy all civil and military offices and places of trust or profit under His Majesty, his heirs, or successors, and to exercise any other franchise or civil right, except as hereinafter excepted, upon taking and subscribing at the times and in the manner hereinafter mentioned the oath hereinbefore appointed and set forth, instead of the oaths of allegiance, supremacy, and abjuration, and instead of such other oath or oaths as are or may be now by law required to be taken for the purpose aforesaid by any of His Majesty's subjects professing the Roman Catholic religion.

with certain exceptions.

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