Justices of the Peace, and imprisoned and kept to hard Labour in the Common Gaol or House of Correction, for any Term not exceeding Three Calendar Months: Provided always, that no Person, who shall be punished for any such Offence by virtue of this Provision, shall be punished for the same Offence by virtue of any other Law whatsoever.

Persons committing Common Assaults may be compelled by Two

Magistrates to pay Fine and Costs not exceed ing £5.

Application of the Fine.

XXVII. And whereas it is expedient that a summary Power of punishing Persons for Common Assaults and Batteries should be provided under the Limitations herein-after mentioned; Be it therefore enacted, That where any Person shall unlawfully assault or beat any other Person, it shall be lawful for Two Justices of the Peace, upon Complaint of the Party aggrieved, to hear and determine such Offence, and the Offender, upon Conviction thereof before them, shall forfeit and pay such Fine as shall appear to them to be meet, not exceeding, together with Costs (if ordered), the Sum of Five Pounds, which Fine shall be paid to some one of the Overseers of the Poor, or to some other Officer of the Parish, Township or Place in which the Offence shall have been committed, to be by such Overseer or Officer paid over to the Use of the general Rate of the County, Riding, or Division in which such Parish, Township, or Place shall be situate, whether the same shall or shall not contribute to such general Rate; and the Evidence of any Inhabitant of the County, Riding, or Division shall be admitted in Proof of the Offence, notwithstanding such Application of the Fine incurred thereby; and if such Fine as shall be awarded by the said Justices, together with the Costs (if ordered), shall not be paid, either immediately after the Conviction, or within such Period as the said Justices shall at the Time of the Conviction appoint, it shall be lawful for them to commit the Offender to the Common Gaol or House of Correction, there to be imprisoned for any Term not exceeding Two Calendar Months, unless such Fine and Costs be sooner paid; but if the Justices, upon the Hearing of any such Case of Assault or Battery, shall deem the Offence not to be proved, or shall find the Assault or Battery to have been justified, or so trifling as not to merit any Punishment, and shall accordingly dismiss the Complaint, they shall forthwith make out a Certificate under their Hands, stating the Fact of such Dismissal, and shall deliver such Certificate to the Party against whom the Complaint was preferred.

Two Months'

Imprisonment on
Non-payment.

Party acquitted may have a Certificate.

Such Certificate, or Conviction,

a Bar to any other Proceedings.

XXVIII. And be it enacted, That if any Person against whom any such Complaint shall have been preferred for any Common Assault or Battery, shall have obtained such Certificate as aforesaid, or having been convicted shall have paid the whole Amount adjudged to be paid under such Conviction, or shall have suffered the Imprisonment awarded for Non-payment thereof, in every such case be shall be released from all further or other Proceedings, Civil or Criminal, for the same Cause.

If the Assault is XXIX. Provided always, and be it enacted, That in case found to be felo- the Justices shall find the Assault or Battery complained of to nious, Justices have been accompanied by any Attempt to commit Felony, or not to proceed, shall be of Opinion that the same is, from any other Circumstance, a fit Subject for a Prosecution by Indictment, they shall abstain from

from any Adjudication thereupon, and shall deal with the Case in all respects in the same Manner as they would have done before the passing of this Act: Provided also, that nothing herein contained shall authorize any Justices of the Peace to hear and determine any Case of Assault or Battery in which any Question shall arise as to the Title to any Lands, Tenements, or Hereditaments, or any Interest therein or accruing therefrom, or as to any Bankruptcy or Insolvency, or any Execution under the Process of any Court of Justice.

Nor to deter.
mine Questions
regarding Tilles
to Estates,
Bankruptcy,
or Insolvency.

Master of a
Merchant Ves-
sel forcing a

Seaman on**
Shore, or re-

fusing to bring
him Home,

guilty of a

Misdemeanor.

XXX. And be it enacted, That if any Master of a Merchant Vessel shall, during his being Abroad, force any Man on Shore, or wilfully leave him behind in any of His Majesty's Colonies or elsewhere, or shall refuse to bring home with him again all such of the Men whom he carried out with him, as are -in a Condition to return when he shall be ready to proceed on his homeward-bound Voyage, every such Master shall be guilty of a Misdemeanor, and being lawfully convicted thereof, shall be imprisoned for such Term as the Court shall award; and all such Offences may be prosecuted by Indictment or by Information, at the Suit of His Majesty's Attorney-General, in the Court of King's Bench, and may be alleged in the Indictment or Information to have been committed at Westminster in the County of Middlesex; and the said Court is hereby authorized to issue One or more Commissions, if necessary, for the Examination of Witnesses abroad; and the Depositions taken under the same shall be received in Evidence on the Trial of every such Indictment or Information.

Proceedings

thereupon.

Punishment of
Accessories to
Offences
against this

Act not herein.

before pro

XXXI. And be it enacted, That every Accessory before the Fact to any Felony punishable under this Act, for whom no Punishment has been herein-before provided, shall be liable, at the Discretion of the Court, to be transported beyond the Seas for any Term not exceeding Fourteen Years nor less than Seven Years, or to be imprisoned, with or without hard Labour, in the Common Gaol or House of Correction, for any Term not ex- vided. ceeding Three Years; and every Accessory after the Fact to any Felony punishable under this Act (except Murder) shall be liable to be imprisoned, with or without hard Labour, in the Common Gaol or House of Correction, for any Term not exceeding Two Years; and every Person who shall counsel, aid, or abet the Commission of any Misdemeanor punishable under this Act, shall be liable to be proceeded against and punished as a principal Offender.

Offences against this Act committed at Sea.

may be dealt

XXXII. And be it enacted, That all indictable Offences mentioned in this Act, which shall be committed within the Jurisdiction of the Admiralty of England, shall be deemed to be Offences of the same Nature, and liable to the same Punishments, as if they had been committed upon the Land in England, and with, inquired of, tried, and determined in the same Manner as any other Offences committed within the Jurisdiction of the Admiralty of England: Provided always, that nothing herein contained shall alter or affect any of the Laws relating to the Government of His Majesty's Land or Naval Forces.

Not to affect

the Laws relating to the Forces

XXXIII. And

Cases of Offences against this Act punish

able on summary Convic tion, may be

XXXIII. And for the more effectual Prosecution of Offences punishable upon summary Conviction by virtue of this Act, Be it enacted, That where any Person shall be charged on the Oath of a credible Witness before any Justice of the Peace with any such Offence, the Justice may summon the Person charged to appear before any Two Justices of the Peace at a Time and Place to be named in such Summons, and if he shall not appear accordingly, then (upon Proof of the due Service of the Summons upon such Person by delivering the same to him) the Justices either proceed to hear and determine the Case ex parte, may or may issue their Warrant for apprehending such Person and bringing him before them; or the Justice before whom the Charge shall be made may (if he shall so think fit) issue such Warrant in the first Instance, without any previous Summons.

determined in the Absence of Party summoned and not appearing.

Summary Proceedings must

be commenced within Three Months.

Form of Conviction.

ing Form of

the case shall

XXXIV. Provided always, and be it enacted, That the Prosecution for every Offence punishable on summary Conviction by virtue of this Act shall be commenced within Three Calendar Months after the Commission of the Offence, and not otherwise.

XXXV. And be it enacted, That the Justices before whom any Person shall be summarily convicted of any Offence against this Act may cause the Conviction to be drawn up in the followWords, or in any other Form of Words to the same Effect, as require; (that is to say,)

'BE it remembered, That on the

' of our Lord

at

Day of in the County of

in the Year -,[or Riding, Division, Liberty, City, &c., as the case may be], A. O. is convicted before us [naming the Justices ], Two of His Majesty's Justices of the Peace for the said County [or Riding, &c.], for that he the said 4.0. did [specify • the Offence, and the Time and Place when and where the same was committed, as the case may be ]; and we the said Justices adjudge the said A. O. for his said Offence to be imprisoned in the and there kept to hard Labour for the space of [or, we adjudge the said A. Ö. for his said Offence to forfeit and pay the Sum of] [here state the Amount of the Fine imposed], and also to pay the Sum of -, for Costs; and

-

for the

of space

in default of immediate Payment of the said Sums, to be imprisoned in • the unless the said Sums shall be sooner paid; [or, and we order that the said Sums shall be paid by the said A. O. on or before the -]; and we direct that the said Sum

• of

• of

Day of

[i. e. the Amount of the Fine] shall be paid to aforesaid, in which the said Offence was committed, to be by him applied according to the Directions of the Statute in that case made and provided; and we order that the said Sum of for Costs shall be paid to C. D. [the Party aggrieved]. Given under our Hands the Day aud Year first above mentioned.'

Conviction not to be quashed,

removed, nor held void for Defect of Form.

XXXVI. And be it enacted, That no such Conviction shall be quashed for Want of Form, or be removed by Certiorari or otherwise into any of His Majesty's superior Courts of Record; and no Warrant of Commitment shall be held void by

reason

reason of any Defect therein, provided it be therein alleged that the Party has been convicted, and there be a good and valid Conviction to sustain the same.

XXXVII. Provided always, and be it enacted, That nothing in this Act contained shall affect or alter any Act, so far as it relates to the Crime of High Treason, or to any Branch of the Public Revenue, or shall affect or alter any Act for the Prevention of Smuggling, or any Part of the Act passed in the Sixth Year of the present Reign, intituled An Act to repeal the Laws relating to the Combination of Workmen, and to make other Provisions in lieu thereof.

This Act not
to affect High
Treason, the
Revenue, or

Combination

Acts,

XXXVIII. Provided also, and be it enacted, That nothing Nor to extend in this Act contained shall extend to Scotland or Ireland.

to Scotland or Ireland.

NINTH GEO. IV. CAP. XXXII.

AN ACT FOR AMENDING THE LAW OF EVIDENCE IN CERTAIN

Quakers or Moravians may, instead of an Oath, make solemn Affirmation in all cases, Civil

WHEREAS 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, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That every Quaker or Moravian who shall be required to give Evidence in any case whatsoever, 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.

or Criminal.

Interested Persons competent Witnesses in

II. And be it enacted, That on any Prosecution by Indictment or Information, either at Common Law or by virtue of any Statute, against any Person, for forging any Deed, Writing, InCases of Forgery. strument, 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 Accessory 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 Misdemeanor; no Person shall be deemed to be an incompetent Witness in support of any such Prosecution, by reason of any Interest which such Persou may have or be supposed to have in respect of such Deed, Writing, Instrument, or other Matter.

Every Punishment for Felony not Capital after it has been endured, to have the Effect of a Pardon under the Great Seal,

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 as a Pardon under the Great Seal as to the Felony

whereof