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Impr. not ex. 2 yrs. If a male, to be once, twice, or thrice pub. or priv. W. in add. to the Impr. 7 & 8 Geo. 4. c. 30. s. 7. 6.

But not to extend to damage comm. under ground by the owner of an adjoining mine

in working the same. Id. s. 6. ENLISTING In foreign service without the consent of H. M.

mis. pen. Fine and Impr. at the disc. of the
Ct. when conv. 9 Geo. 4. c. 4. See the

Mutiny Act,
ESCAPE. See Prison Breach, post.
EVIDENCE. See Confession, p. 32, Accesso-

ries, p. 2, and Depositions, p. 41, ante. Competency of witnesses. The affirmation or de

claration of quakers and moravians, in all cases criminal and civil, may be taken instead of an oath in the usual form. If any such person shall be conv. of falsely affirming or declaring, pun. subject to the pains, penalties, and forfeitures, as persons guilty of per

jury. 9 Geo. 4. c. 32. s. 1. The party whose name is forged is a competent

witness in prosecutions for forgery, either at

c. 32.

com. law or by stat. Id. s. 2. Every pun. for fel. after it has been endured, has

s. 3.

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the same effect as a pardon under the Great 9 G. 4.

Seal. (a) Id. s. 3.
A person conv. of any misd. except perjury and s. 4.

subornation of perjury, and having endured
pun. shall not after pun. be deemed an in-

competent witness. Id. s. 4.
As to the return of them in fel.
Js. P. are to take the examination of prisoners 76. 4.

and informations agt. them, bind over all the C. 64 parties to prosecute, and give evidence, and deliver the examinations, &c. to the proper officer at the sitting of the Ct. in which the

trial is to be. 7 Geo. 4. C. 64. s. 2. In cases of misd. (6) and suspicion thereof, the s. 3.

depositions and examination are to be taken in
writing and returned with recognizes, &c. as
in cases of fel. (as above,) and the parties
are to be bound over in the like manner.

Id. s. 3.
Before Coroners. The examinations and deposi-

(a) The benefit of clergy being abolished, this enactment was necessary to prevent the disabilities of attainder.

(6) Before this enactment was made, Js. seldom took the examinations in writing in cases of misd. But now the whole of the proceedings before Js. must be taken in writing, and returned in the same manner as in cases of felony. And the magistrate has now the same power of compelling the attendance of witnesses in misdeineanor, which he had before in cases of felony. Car. C. L. p. 14.

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EXAMINATIONS—continued. 7 G.4. tions in cases of murder and manslaughter c. 64.

must be subscribed by the crown and certified, and the recognizances with the inquisition returned to the Ct. in which the trial is

to be. Id. 4. . Js. and coroners offending in these respects may

be pun. at the disc. of the Ct. Id. 5. s. 6. All those provisions which relate to Js. or coro

ners, apply to the Js. and coroners, not only of cos, at large, but to all other juris. Id.

s. 6. See Exclusive Jurisdictions, post.

EXCISE. . . . . . . . . 7 & 8 G. 4. Perjury relating to, pun. as for wilful and corrupt c. 53.

perjury. 7 & 8 Geo. 4. c. 53. s. 31. Subornation of, relating to, pun. as for suborna

tion of perjury. Id. s. 56. Forgery, relating to, fel. pun. D. without benefit

of clergy. Id. s. 56. ... Assisting therein, or uttering, or publishing, a

draft, instrument, or writing relating to the excise, with intent to defraud H. M. or any person whomsoever, fel. pun. D. without

benefit of clergy. Id.

Assaulting a revenue officer. 9 G. 4.

In the due execution of his duty, or any one c. 31.

acting in his aid, with intent to prevent the

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apprehension or detaining the party so as- 9G. 4.
saulting, or any other person for any offence for
which he may be liable by law to be appre-
hended or detained, pun. Impr. with or with-
out H. L. not ex. 2 yrs. or fine and sureties
for keeping the peace. 9 Geo. 4. c. 31.

s. 25. : Resisting and assaulting. Any person being armed with any offensive wea- 7 & 8 G.4.

pon whatsoever, assaulting or resisting any
officer of excise, or any person acting in his
aid, &c. such officer and person so acting
may oppose force to force. 7 & 8 Geo. 4.

c. 53. s. 31. EXCLUSIVE JURISDICTIONS, Local. Js. may commit for trial at the assizes in capi- 63 G. 3.

tal off. and bind over the parties to prose- c. 1

cute and give evidence. 60 Geo. 3. c. 14. Offences comm. in a co. of a city or town may 38 G: 3.

be tried in the co. at large. 38 Geo. 3. c. 52. c. 52.

(See Rex v. Mellor, R. & R. C. C. R. 144.) Prosecutors' expences for capital offences in ex- 60 G. 3.

clusive jurisdictions which the judge shall c. 14.
allow by virtue of any law now in force, shall
be paid by the town , liberty, soke, or place
in which the off. shall have been comm. in
the same manner as if the off. had been tried

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within the limits of the exclusive jurisdiction.

60 Geo. 3. c. 14. s. 3. EXCUSABLE HOMICIDE. No pun. or forfeiture shall be incurred by any

person killing another by misfortune, or in his own defence, or in any other manner

without fel. 9 Geo. 4. c. 31. s. 10. EXPENCES IN FELONY. Of the prosecutor and his witnesses in preferring the

ind. and all reasonable expences incurred by attending before the examining magistrate and the grand jury, and also compensation for loss of time and trouble, whether ind. found or not, and of persons attending on recognizance or subpoena, to be allowed by

order of the Ct. 7 Geo. 4. c. 64. s. 22. The compensation for trouble and loss of time to

be ascertained by the certificate of the committing magistrate granted before the trial or attendance in Ct. if the magistrate thinks fit to grant it; the amount is to be ascertained by the officer of the Ct. as to the regulations of the rate of such expences and compensation. ''Id. See p. 51. post.

This section extends only to prosecution for fel. but the prosecutor is not to be allowed the expences of apprehending the prisoner. Car. C. L. 107.

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