or permitted to give evidence in any criminal causes, or serve on any juries, or 7 & 8 Will. 3. bear any office or place of profit in the government.

c. 34.

Rule 5. This act shall continue in force for the space of seven years, and § 7. from thence to the end of the next session of parliament, and no longer. (a)

Rule 6. So much of this act as relates to the affirmations to be inade by 1 Geo. 1. Quakers shall be extended to Scotland for ever, and to the plantations belong- st. 2. c. 6. ing to the crown of Great Britain for five years, and to the end of the next Scotland. session of parliament after the said five years, and no longer.

§ 4.

Rule 7. In all cases where by law any Quaker is or shall be required or 8 Geo. 1. permitted to make the solemn affirmation or declaration in the form prescribed c. 6. § 1. by 7 & 8 Will. 3. every such Quaker shall, instead of such affirmation or de- Quakers' afficclaration, make the solemn declaration or affirmation following, viz.

“I, A. B. do solemnly, sincerely, and truly declare and affirm.”

mation.

And all persons authorized or required to administer or tender the said former Who may adaffirmation or declaration, are hereby required to administer and tender the minister, &c. same respectively to the said people called Quakers, in the words by this act

appointed.

Rule 8. The affirmation or declaration appointed by this act for Quakers, Force of deinstead of the form prescribed for the same by the said act, shall be of the same claration, &c. force and effect, and no other, in all courts of justice and elsewhere, as if such 9 2. Quaker had made and subscribed the affirmation or declaration, in the forms appointed by the said act.

Rule 9. If any Quaker, making such solemn affirmation or declaration, False affirmshall be lawfully convicted, wilfully, falsely, and corruptly to have affirmed ation. or declared any thing, which, if the same had been in the usual form, would have amounted to wilful and corrupt perjury; every such Quaker so offending shall incur the same penalties and forfeitures as by the laws of this realm are enacted against persons convicted of wilful and corrupt perjury.

Rule 10. All clauses in the said act not hereby expressly altered or repealed, Former act, shall be of such and the same force and effect, as they were before the making § 3. of this act.

cases,

Rule 11. In all cases wherein by any act of parliament now in force, or 22 Geo. 2. hereafter to be made, an oath is or shall be authorized, directed, or required, c. 46. 36. the solemn affirmation or declaration of any of the people called Quakers, in Afrination of the form prescribed by the preceding act of 8 Geo. 1. shall be taken instead of Quakers in all such oath, although no express provision be made for that purpose in such act; and all persons who are or shall be authorized or required to administer such oath, are hereby authorized and required to administer the said affirmation or declaration; and the said solemn affirmation or declaration, so made, Force of afshall be of the same force and effect in all courts of justice, and other places, ármation. where by law an oath is or shall be authorized or required, as if such Quaker had taken an oath in the usual form.

Rule 12. If any Quaker, making such solemn affirmation or declaration, False affirmshall be lawfully convicted, wilfully, falsely, and corruptly to have affirmed ation. or declared any thing, which, if the same had been in the usual form, would have amounted to wilful and corrupt perjury; every such Quaker so offending shall incur the same penalties and forfeitures as by the laws of this realin are enacted against persons convicted of wilful and corrupt perjury.

Rule 13. Provided, that no Quaker shall, by virtue of this act, be qualified Exceptions, or permitted to give evidence in any criminal cases, or to serve on juries, or to § 37. bear any office or place of profit in the government.

Rule 14. Every person being a member of the protestant episcopal church, 22 Geo. 2. known by the naine of Unitas Fratrum or the United Brethren, and which c. 30. § 1. church was formerly settled in Moravia and Bohemia, and is now in Prussia,

(a) By 1 Geo. 1. stat. 2. c. 6. the above act shall continue and be in force for ever, as to all oaths by law required, or hereafter to be required, excepted as in the said act is excepted.

Moravians.

22 Geo. 2. e. 30.

Form.

matiou.

Poland, Silesia, Lusatia, Germany, the United Provinces, and also in His Majesty's dominions, who shall be required upon any lawful occasion to take an oath in any case where by law an oath is or shall be required, shall, instead of the usual form, be permitted to make his solemn affirination or declaration in these words following:

"I, A. B. do declare in the presence of Almighty God, the witness of the truth of "what I say."

Fores of affir- Which said solemn 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 or shall be required within Great Britain and Ireland, and also in all of His Majesty's colonies and dominions in America, as if such person had taken an oath in the usual form.

False afirmation, 2.

Restrictions, $3.

Proof of being a Moravian,

5.

False afirming, 6.

List of bishops, § 7.

26 Gro. 3. c. 40. § 28.

Rule 15. If any Quaker, making such solemn affirmation or declaration, shall be lawfully convicted, wilfully, falsely, and corruptly to have affirmed or declared any thing, which, if the same had been in the usual form, would have amounted to wilful and corrupt perjury; every such Quaker so offending shall incur the same penalties and forfeitures as by the laws of this realm are enacted against persons convicted of wilful and corrupt perjury.

Rule 16. No person being of the said church or congregation called the Moravian or United Brethren, shall by virtue of this act be qualified to give evidence in any criminal causes, or to serve on juries.

Rule 17. Every person whatsoever, who shall, as a member of such church or congregation, claim the benefit of this act or of any thing herein contained, shall, at the time when he makes such claim, produce a certificate signed by some bishop of the said church or by the pastor of such church or congregation who shall be nearest to the place where such claim is made, and shall be examined concerning the matters contained in the said certificate, and the due execution thereof; and such person so affirming to the best of his knowled and belief in manner hereinbefore mentioned, or proving by the testimony other legal witness that the said certificate was duly executed by such bishop or pastor, and also affirming that he is actually a member of the said church, known by the name of Unitas Fratrum or United Brethren, shall be adjudged to be actually a member of the said church or congregation, and as such shall be entitled to the benefit of this act.

Rule 18. Any person who shall be lawfully convicted of having wilfully, falsely, and corruptly affirmed or declared in manner aforesaid, that such certificate was duly executed, or that he is a member of such church, when in fact such affirmation is untrue, such person so falsely affirming, and being duly convicted thereof, shall incur the same pains and penalties, as by the law of this realm are enacted against persons convicted of wilful and corrupt perjury.

Rule 19. The advocate of the said church or congregation of the United Brethren for the time being, shall lay, or cause to be laid, before the commissioners for trade and plantations, in order that the same may remain in their office, a list or lists of all the bishops of the said church of the United Brethren who are appointed by them to grant certificates as aforesaid, together with their hand-writing, and usual seal; and, from time to time, the said advocate shall send to the said commissioners the names, hand-writing, and seals of any bishops that shall be hereafter consecrated and appointed by them as aforesaid, and the names of such pastors as shall be authorized by the said advocate or bishops to give certificates in any of His Majesty's colonies in America.

Rule 20. "Whereas great difficulties have arisen in ascertaining the truth "of facts relative to His Majesty's revenue of customs, as well as to the conExaminations «duct of the officers employed therein, upon examinations and inquiries made by the surveyors general of customs;" it is therefore enacted, that any person examined before them as a witness, or either of them respectively, shafl deliver his testimony upon oath, to be administered by the surveyor general, or surveyors general respectively, who shall examine him; and such surveyor

before survey. « ⚫rs general.

or surveyors general are hereby authorized to administer such oath ac- 26 Geo. 3. cordingly.

c. 40.

Rule 21. If any person whatsoever shall be convicted of making a false oath, False oath, touching any of the facts directed or required by this act to be testified on oath, § 29. or of giving false evidence, on his examination on oath before the surveyors general of customs, or any one or more of them respectively, in conformity to the directions of this act, such person so convicted as aforesaid shall be deemed guilty of perjury, and shall be liable to the pains and penalties to which persons are liable for wilful and corrupt perjury.

ors and con

trollers.

Rule 22. "Whereas it is expedient that the like powers [as are contained in 43 Geo. 3. "the preceding act] should be given to the collectors and controllers of customs c. 128. § 2. "at the out-ports, upon examinations and inquiries before them;" it is therefore Examinations enacted, that every person who shall be examined as a witness on any inquiry di- before collectrected to be made by the commissioners of customs in England and Scotland respectively, relative to the revenue of customs, or to the conduct of the officers employed therein, before the collectors and controllers of customs, or either of them, at any out-port of Great Britain, shall deliver his testimony on oath, to be admi. nistered by the said officers respectively who shall examine them, and such officers respectively are hereby authorized to administer such oath accordingly.

Rule 23. If any person whatsoever be convicted of making a false oath, touch- False oaths, ing any of the facts directed by this act to be testified on oath, or of giving false § 3. evidence on his examination on oath before the collectors and controllers of customs, or either of them, in conformity to the directions of this act, such person so convicted shall be deemed guilty of perjury, and shall be liable to the pains and penalties to which persons are liable for wilful and corrupt perjury.

Rale 94. Iman cases wherein proof is required by any law now in force, or 59 Geo. 3. hereafter to be made, or are or shall be necessary for the satisfaction or considera- c. 123. § t. tion of the commissioners. of customs in any matter relating to the revenue, or to Who may the trade and navigation of this kingdom, the same may be made before the col- administer lector inwards and outwards, the controller or surveyor of customs in the port of oaths. London, or in case of their absence, the persons acting for them respectively, or the collector or controller of His Majesty's customs at any other port in this kingdom, or in case of their absence, the persons acting for them resively, who are thereby authorized and empowered to administer the same,

Rule 25. Nothing herein shall alter any former act whereby any particular facts Former acts, are required to be proved on oath before any particular officers, but the same shall § 8. remain in force.

Rule 26. Any person who shall be convicted of wilfully taking a false oath 46 Geo. 3. in any of the cases in which an oath is, by any act of parliament relating to the c. 112. § 3. duties of a scive, directed or required to be taken, shall be liable to the pains and Oaths under penalties to which persons are liable for wilful and corrupt perjury. (a)

TITLE XXV.-PENALTY OF DEATH.

[THE following act is intituled, "An Act for amending and reducing into one Act the Provisions "contained in any Laws, now in force, imposing the Penalty of Death for any Act done in Breach of,

or in Resistance to, any part of the Laws for collecting His Majesty's Revenue

in Great Britain;”
The plan adopted

its operation must therefore of necessity extend to numerous titles in this work.
has been, wherever death was the former penalty of the law, to refer to this title containing the miti-
gation of such penalty.]

excise laws.

Rule 1. In all cases where any act to be done or committed after the 23d July, 52 Geo. 3. 1812, in breach of or in resistance to any part of the laws for collecting His Ma. c. 143 § 1. jesty's revenue in Great Britain, would by the laws now in force subject the offen- Offences der to suffer death, as guilty of felony, without benefit of clergy, by virtue of the against revesaid laws, or any of them, such act, so to be done or committed, shall be deemed to nue laws. be felony, with benefit of clergy, and punishable ouly as such, unless the same shall also be declared to be felony without benefit of clergy by this act.

(a) As to oaths upon the import and export of goods, see TITLE 10.

52 Geo. 8.

stamps on paper, &c.

Rule 2. If any person shall forge, or cause to be forged, any mark, stamp, c. 143. § 7. die, or plate, which, in pursuance of any act of parliament, shall have been Forging used by the direction of the commissioners appointed to manage the duties on stamped vellum, parchment, and paper, or by the direction of any other person legally authorized in that behalf, for denoting any duty which shall be under the management of the said commissioners, or for denoting the payment of any such duty, or for denoting any device appointed by the said commissioners for the ace of spades, to be used with any playing cards; or shall forge, or cause to be forged, the impression, or any resemblance of the impression, of any such mark, &c. upon any vellum, parchment, paper, card, ivory, gold, or silver plate, or other material; or shall stamp or mark, or cause to be stamped or marked, any velluin, parchment, paper, card, ivory, gold or silver plate, or other material, with any such forged mark, &c. with intent to defraud His Majesty of any of the duties under the management of the said commissioners; or if any person shall utter or sell, or expose to sale, any vellum, parchment, paper, card, ivory, gold or silver plate, or other material having thereupon the impression of any such forged mark, or impression as aforesaid, knowing the sanie respectively to be forged; or if any person shall privately or secretly use any such mark, &c. which shall have been so provided by such direction, with intent to fraud His Majesty of any of the said duties; every person so offending, and being thereof convicted, shall be adjudged guilty of felony, and shall suffer death as a felon, without benefit of clergy.

Plate, &c.

18.

Making

frames, § 9.

Forging debentures, &c.

510.

Smuggling,

[As to forging Stamps on Plate, &c. see TITLE 213.]

Rule 3. If any person (not being lawfully authorized so to do) shall make, or cause to be made, or shall knowingly aid in the making, or without being so authorized, shall knowingly have in his custody, without lawful excuse (the proof whereof shall lie on the person accused), any frame, mould, or instrume for the making of paper, with the words "Excise Office" visible in the substance of such paper, or shall make, or cause to be made, or knowingly aid in the making, any paper, in the substance of which the words "Excise Office" shall be visible or if any person (except as before excepted) shall, by any art, mystery, or contrivance, cause the said words " Excise Office" to appear visible in the substance of any paper whatever; or if any person (not being so authorized) shall engrave, east, cut, or make, or shall cause to be engraven, &c. any mark, stamp, or device, in imitation of any mark, stamp, or device, made or used by the direction of the commissioners of excise in England or Scotland, or the major part of them respectively, for the purpose of printing, stamping, or marking of any paper to be used as or for a permit, to accompany any exciseable commodity removing or removed from one part of Great Britain to any other part thereof, in pursuance of any of the statutes requiring such permit; every person so offending, and being thereof convicted, shall be adjudged guilty of felony, and shall suffer death as a felon, without benefit of clergy.

Rule 4. If any person shall, with intent to defraud His Majesty, falsely make, forge, or alter, or cause or procure to be falsely made, forged, &c. or willingly assist in falsely making, forging, &c. any debenture, or any certificate for the payment or return of any money, or any part of any such debenture or certificate, or any signature thereon, in any case in which such debenture or certificate is by any act of parliament relating to the duties of customs or excise required or directed to be given or granted: or shall wilfully, with such intent as aforesaid, utter, publish, or make use of any such debenture or certificate, or part thereof, so being wholly or in part falsely made, forged, or altered; every person so offending, and being thereof convicted, shall be adjudged guilty of felony, and shall suffer death as a felon, without benefit of clergy.

[As to the punishment of persons for assisting with arms in the illegal ex§ 11. and 13. portation of Wool and other goods, see TITLE 5.]

[AGREEABLY to the arrangement prefixed to TITLE I. all matters of a general nature have now been given. The next step is to trace those that affect particular places. This, it is imagined, will be best done geographically, commencing with British possessions at home, concerning which there are separate regulations, proceeding then from the north down the whole continent of Europe to Gibraltar-up the Mediterranean-to Africa-to St. Helena-the Cape of Good Hope-the South Sea and the East Indies-afterwards to the West Indies, and lastly to North and South America.]

cattle from

Rule 1. No cocket or bond shall be required by any officer of customs, 6 Geo. 8. or others, from the master or owner of any hoy, vessel, or boat, or any other c. 50. § 1. person, for conveying any kind of goods, from the ports of Southampton and Goods and Portsmouth to the port of Cowes in the Isle of Wight, which are or shall not Portsmouth be prohibited to be exported from Great Britain to foreign parts, nor liable and Southto any custom or duty to His Majesty on the exportation thereof; nor shall ampton. any such cocket or bond be required for conveying sheep, provided the same be carried in open boats or hoys, nor any other kind of live cattle (horses and lambs excepted), between the said port of Cowes and the said ports of Southampton and Portsmouth, or either of them.

cattle.

Rule 2. It shall be lawful for any person whatever to carry or convey horses, 32 Geo. 3. when not exceeding six in number, in any one vessel, and any number of all c. 32. § 2. other cattle (sheep and lambs excepted), without obtaining any sufferance Horses and or other custom house document whatever, between the said port of Cowes and the said ports of Southampton and Portsmouth, and also lambs, without taking out any cocket, or giving any security by bond or otherwise for the due landing the same; provided the same be carried in open boats or hoys, in like manner as sheep are required to be carried by the preceding act; and to convey from the said port of Cowes to the said ports of Southampton and Portsmouth, without taking out any cocket, or giving any security by bond or otherwise for the due landing the same, any kind of goods which are not or shall not be prohibited to be exported from Great Britain to foreign parts, or which are not or shall not be liable to any custom or duty to His Majesty, on the exportation thereof from Great Britain, and to convey, without taking out any cocket, or giving any security by bond or otherwise, from the said port of Cowes to the said ports of Southampton and Portsmouth, of any kind of goods subject to duty on the importation thereof into Great Britain: provided the duty of customis on such importation shall not exceed 51. for such goods which are to be so conveyed, and the same goods so liable to duty be carried or conveyed in one vessel or boat at one and the same time, belonging respectively to the inhabitants of the ports of Cowes, Southampton, and Portsmouth.

Rule 3. It shall be lawful for any officer of customs residing in the Isle of Sufferances, Wight, near the place where any sheep or lambs are to be so conveyed from § 3. the said port of Cowes to the said ports of Southampton and Portsinouth by sufferance only, to grant such sufferance, and such officer is hereby required to grant the same on due application for that purpose.