L 二司 § 8. it is provided, that no person or persons shall be prosecuted by virtue of this act, for any of the offences aforesaid, unless such prosecution be commenced twelve calendar months after the offence committed. LXXII. For granting to his Majesty certain stamp duties on indentures of clerkships to solicitors and attorneys in any of the courts in England therein mentioned. By 34 Geo. 3. ch. 14. § 14. If any person shall counterfeit, &c. any seal, stamp, or mark, to resemble any seal, stamp, or mark directed by this act, or shall utter, vend, or sell any vellum, parchment, or paper liable to such stamp duty, with such counterfeit stamp or mark thereupon, knowing, &c. he shall suffer death, as in cases of felony, without benefit of clergy. LXXIII. For taking of special bail in actions and suits depending in court of common-pleas, of the county palatine of Lancaster. By 34 Geo. 3. ch. 46. § 5. Personating bail, &c. is made felony, upon the same principle as that for the county palatine of Chester, abstracted ante, No. LVII. LXXIV. To enable petty officers in the navy, seamen, non-commissioned officers of marines, and mariners, serving in his Majesty's navy, to allot part of their pay for the maintenance of their wives and families.(0) By 35 Geo. 3. ch. 28. § 30. If any person shall falsely make, forge, or counterfeit, or cause, or procure to be falsely made, forged, or counterfeited, or willingly act, &c. any declaration or order for payment, or any certificate of receipt therein befofe described, or mentioned; or shall utter, &c. he shall be adjudged guilty of felony, and shall suffer death as a felon, without benefit of clergy. LXXV. For granting to his Majesty several additional duties on stamped vellum, parchment, and paper; and for repealing a certain exception as far as relates to bonds given as security for the payment of one hundred pounds or under, contained in an act of the twenty-third year of his present Majesty's reign. By 35 Geo. 3. ch. 30. § 4. If any person shall counterfeit, &c. any stamp to resemble any stamp directed or allowed to be used by this act, or shall counterfeit or resemble the impression of the same; or shall utter, vend, sell, use, &c. he shall suffer death as in cases of felony, without benefit of clergy. LXXVI. For granting to his Majesty a duty on certificates issued for using hair-powder. By 35 Geo. 3. ch. 49. § 31. If any person shall counterfeit, &c. any stamp or mark, directed or allowed to be used by this act; or shall counterfeit or resemble the impression of the same; or shal! utter, vend, sell, use, &c. he shall suffer death as in cases of felony, without benefit of clergy. LXXVII. For granting to his Majesty certain additional duties on receipts. By 35 Geo. 3. ch. 55. § 17. If any person shall counterfeit, &c. any stamp or mark, directed or allowed to be used, or provided, made, or used in pursuance of 31 Geo. 3. ch. 35.(p) or this act, or shall counterfeit or resemble the impression [739] of the same; or shall utter, vend, sell, expose to sale, or use, &c. he shall be (0) Vide No. LXVII. and LXVIII.ante. (p) Vide No. LXV. ante. LXXVIII. For granting to his Majesty certain stamp duties on sea insurances. By 35 Geo. 3. ch. 63. § 23. If any person shall counterfeit, &c. any stamp or mark, directed or allowed to be used, in pursuance of this act, or shall counterfeit or resemble the impression of the same; or shall utter, vend, sell, expose to sale, or use, &c. he shall be adjudged a felon, and shall suffer death as in cases of felony, without benefit of clergy. LXXIX. For making part of certain principal sums or stock and annuities raised or created, or to be raised or created by the parliament of the kingdom of Ireland, on loans for the use of the government of that kingdom, transferable, and the dividends on such stock and annuities payable at the Bank of England, &c.(q) By 35 Geo. 3. ch. 66. § 3, 4, 5, 6, 7, 8, 9. Persons forging, altering, or uttering, &c. receipts or debentures, &c. or forging letters of attorney or other authority or instrument to transfer, assign, sell, or convey any stock, &c. or personating proprietors; or forging dividend warrants, &c. or (being officers of the bank) embezzling notes, &c. or making transfers in the names of any other person or persons, than the proprietor or proprietors, &c. or forging transfers, &c. or making false entries in the books of the Bank of Eng. land, with intent to defraud the governor and company of the Bank of England, or any other body politic or corporate, or any person or persons whatsoever, shall be deemed guilty of felony, and shall suffer death, without benefit of clergy. By 10. Clerks, &c. of the Bank making out false dividend warrants, to be trans ported for seven years. LXXX. For rendering more effectual an act, passed in the first year of the feign of King James the First, intituled, An act to restrain all persons from marriage until their former wives and former husbands be dead. By 35 Geo. 3. ch. 67. § 1. Persons convicted in England of bigamy are subject to the penalties, pains, and punishments as, by the laws now in force, persons are subject and liable to, who are convicted of grand or petit larciny: and by § 2. if they shall be at large within Great Britain, without some lawful cause, before the expiration of the term for which they shall be ordered to be transported, they shall be guilty of felony, and shall suffer death, without benefit of clergy. By § 3. If found at large in Great Britain, after order of transportation, they may be tried either in the county where they had been convicted, or in that in which they are apprehended and taken. LXXXI. For establishing a more easy and expeditious method for the punctual and frequent payment of the wages and pay of certain officers belonging to His Majesty's navy.(r) By 35 Geo. 3. ch. 94. § 34. If any person shall falsely make, forge, &c. or willingly act and assist, &c. or shall utter and publish as true, knowing, &c. any false, forged, or counterfeited order, bill, extract, or certificate, &c. for the purpose of defrauding the public, or any commissioned officer, &c. he shall be adjudged guilty of felony, and shall suffer death as a felon, without benefit of clergy. LXXXII. To prohibit, for a limited time, the making of starch, hair-powder, and blue, from wheat, and other articles of food; and for lowering the duties on the importation of starch, and of other articles made thereof. By 36 Geo. 3. ch. 6. § 13. If any person shall forge, &c. any stamp or seal, to resem. ble, &c. or counterfeit the impression, &c. he shall be adjudged a felon, and shall suffer death as in cases of felony, without benefit of clergy. (q) Vide No. LXXXVII. post. (r) Vide No. LXVII. LXVIII. and LXXIV. ante. LXXXIII. For the safety and preservation of his Majesty's person and government against treasonable and seditious practices and attempts. By 36 Geo. 3. ch. 7. § 1. Persons who shall compass, devise, &c. the death, restraint, &c. of his Majesty or his heirs, or to depose them, or to levy war, or to compel a change of measures, &c. to be deemed traitors, and shall suffer pains of death, and also lose and forfeit as in cases of high treason. By § 2. Persons in England who shall by writing, &c. incite or stir up the people to hatred or contempt of his Majesty, or the government, &c. shall be guilty of high misdemeanors; and for a second offence may be punished as in the cases of high misdemeanors, or banished or transported for seven years. And by § 3. Persons banished or transported found at large within Great Bri tain, without some lawful cause, before the expiration of the term for which, &c. shall suffer death, as in cases of felony, without benefit of clergy: And such persons may be tried in any county, &c. either where apprehended and taken, or from whence they were ordered to be banished or transported; and a certificate of the conviction shall be suffi cient proof, &c. LXXXIV. For the more effectually preventing seditious meetings and assemblies. By 36 Geo. 3. ch. 8. § 4. If any persons, exceeding the number of fifty, being assembled contrary to the provisions herein contained, and being required or commanded by any one or more justice or justices of the peace, or by the sheriff of the county, or his under-sheriff, or by the mayor, &c. where such assembly shall be, by proclamation to be made in the king's name, in the form in this act directed, to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, shall, to the number of twelve, or more, notwithstanding such proclamation made, remain or continue together by the space of one hour after such command or request made by proclamation, &c. they shall be adjudged felons, and shall suffer death, as in case of felony without benefit of clergy. LXXXV. For repealing certain duties on legacies and shares of personal estates, and for granting other duties thereon, in certain cases. By 36 Geo. 3. ch. 52. § 40. If any person shall counterfeit or forge, &c. any stamp directed or allowed to be used or provided in pursuance of this act; or shall counterfeit or resemble the impression of the same, &c. or shall utter, vend, sell, expose to sale, or use, &c. he shall be adjudged a felon, and shall suffer death as in case of felony, without benefit of clergy. LXXXVI. For the better collection of the duty on hats. [This stat. repeals part of 24 Geo. 3. sess. 2. c. 51, abstracted ante, p. 732.] By 36 Geo. 3. ch. 125. § 19. If any person shall counterfeit or forge, &c. any stamp or mark directed to be allowed or used, or provided, made, or used, in pursuance of this act, or shall counterfeit or resemble the impression of the same; or shall utter, vend, sell, or expose to sale, &c. any piece of silk, linen, &c. with such counterfeit mark or stamp thereon, knowing, &c. or shall privately or fraudulently use any stamp, &c. he shall be adjudged a felon, and shall suffer death as in cases of felony, without benefit of clergy. LXXXVII. For making certain annuities, created by the parliament of the kingdom of Ireland, transferable, and the dividends thereon payable, at the Bank of England; and for the better security of the proprietors of such annuities, and of the governor and company of the Bank of England. (s) By 37 Geo. 3. ch. 46. § 3, 4, 5, 6, 7, 8, 9. Persons forging, altering, &c. receipts or debentures; or forging letters of attorney, &c. or personating proprietors; or forging or (8) Vide No. LXXIX. ante. VOL. I.-60 uttering forged dividend warrants, &c. or officers of the bank embezzling notes, &c. a making transfers in other than proprietors names, &c. or forging or uttering forged transfers, &c. or making false entries in the books of the Bank of England, &c. wit intent to defrand the governor and company of the said bank, or any other body polite or corporate, or any person or persons whatsoever, shall be deemed guilty of felony, and shall suffer death, without benefit of clergy. By § 10. Officers of the bank making ou false dividend warrants, to be transported for seven years. LXXXVIII. For the better prevention and punishment of [ 741] attempts to seduce persons serving in his Majesty's forces, by sea or land, from their duty and allegiance to his Majesty, or to incite them to mutiny or disobedience. Vide No. XCIV. post. By 37 Geo. 3. ch. 70. § 1. Any person attempting to seduce any sailor or soldier from his duty, or inciting him to mutiny, &c. to be adjudged guilty of felony, and to suffer death as in cases of felony, without benefit of clergy. By § 4. To continue and be in force until the expiration of one month after the commencement of the then next session of parliament. Continued for a limited time by 38 Geo. 3. ch. 6. And further continued by 39 Geo. 3. ch. 4. till six weeks after the commencement of the then next session. LXXXIX. For more effectually restraining intercourse with the crews of certain of his Majesty's ships now in a state of mutiny and rebellion, and for the more effectual suppression of such mutiny and rebellion. Vide No. XCIV. post. By 37 Geo. 3. ch. 71. § 3. Persons communicating with the crew or assisting them shall, on conviction thereof, be adjudged guilty of felony, and shall suffer death as in cases of felony, without benefit of clergy: And by § 4. All persons voluntarily remaining on board after knowledge of the declaration therein mentioned, shall be adjudged guilty of piracy and felony, and shall suffer such pains of death and loss of lands, goods, and chattels, as any pirates or felons by virtue of an act, made in the eleventh year(t) of King William the Third, intituled, An act for the more effectual suppression of piracy, or any other act, ought to suffer. By § 9. To be in force until the expiration of one month after the commencement of the then next session of parliament. XC. For granting to his Majesty certain stamp-duties on the several mutters(u) therein mentioned, and for better securing the duties on certificates to be taken out by solicitors, attornies, and others, practising in certain courts of justice in Great Britain. By 37 Geo. 3. ch. 90. § 5. If any person shall counterfeit, &c. any stamp directed or allowed to be used by this act, or shall counterfeit or resemble the impression of the same, with intent, &c. or shall utter, vend, or sell, any vellum, &c. with such counterfeit stamp or mark thereupon, knowing the same to be counterfeit, or shall privately or fraudulently use any stamp directed or allowed to be used by this act, with intent, &c. he shall be adjudged a felon, and shall suffer death as in cases of felony, without benefit of clergy. (t) So in the purview of stat. 37 Geo. 3. ch. 71; but mentioned 11 & 12 W. 3. c. 7. in the margin, which is right, as appears by 4 Blac. Com. 72, and the several statute books of Hawkins, Ruffhead, and Runnington. If a statute be recited as of the fourth year of the reign, &c. and it appears to have been made in the fourth and fifth years, &c. the variance is fatal. Rann v. Green, Cowp. 474. Vide also Rex v. Trelawney, 1 T. R. 222, and Watson v. Shaw and others, 2 T. R. 654. (u) Promissory Notes are parcel of these matters. Vide No. LXV, & LXXVII, ante, and also No. CVI, post. XCI. For granting to his Majesty an additional stamp duty on deeds. By 37 Geo. 3. ch. 111. § 5. If any person shall counterfeit, &c. any stamp or mark, directed or allowed to be used by this act, or shall counterfeit or resemble the impression of the same, with intent, &c. or shall utter, vend, or sell, any vellum, parchment, or paper, with such counterfeit mark or stamp thereupon, knowing, &c. or shall fraudulently use any stamp or mark directed or allowed to be used by this act, with intent, &c. he shall be adjudged a felon, and shall suffer death as in cases of felony, without benefit of clergy. XCII. For the better preventing the forging or counterfeiting the XCIII. To prevent the counterfeiting any copper-coin in this realm made, or to be made, current by proclamation, or any foreign gold or silver coin; and to prevent the bringing into this realm, or uttering, any counterfeit foreign gold or silver coin. By 37 Geo. 3. ch. 126. § 4. If any person shall utter or tender in payment, or give in exchange, or pay or put off any such false or counterfeit coin as aforesaid, resembling or made with intent to resemble or look like, any gold or silver coin of any foreign prince, state, or country, or to pass as such foreign coin, knowing the same to be false or counterfeit, he shall suffer six months imprisonment, and find sureties for his good behaviour for six months more; and if he shall be convicted a second time for the like offence, he shall suffer two years imprisonment, and find sureties for his good behaviour for two years more: And if he shall afterwards offend a third time, in like manner, he shall be adjudged to be guilty of felony, without benefit of clergy. XCIV. To enable his Majesty more easily and effectually to grant conditional pardons to persons under sentence by naval courts martial, and to regulate imprisonment under such sentences. Vide No. LXXXVIII. and LXXXIX. ante, and also No. CII. post. By 37 Geo. 3. ch. 140. § 1. If his Majesty shall extend his mercy to persons liable to death by the sentence of a naval court martial, a justice of the king's bench, or common pleas, or a baron of the exchequer, may, on notification from the secretary of state, allow the benefit of a conditional pardon as if it had passed under the great seal, and shall make orders accordingly: And by § 6. The laws touching the escape of felons under sentence of death shall apply to offenders under like sentence by a naval court, and to all persons aiding, abetting, or assisting in any such escape, if the offender shall have been allowed the benefit of a conditional pardon. |