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the due performance of such sentence of transportation accordingly : provided always, that it shall not be lawful for any such court to order the transportation of any person, being a native of the East-Indies and not born of European parents, to the Eastern coast of New South Wales, or any of the islands adjacent thereto.

Persons returning from Transportation. (31) And be it enacted, that if any offender who shall be ordered by any court to be transported for any term of life or years, shall be found within any of the British territories within the limits of the said United Company's charter, except the place to which he shall have been so ordered to be transported, or shall come into any part of this United Kingdom before the end of his term, and shall be convicted thereof, he shall be liable to be punished as a person attainted of felony, and to suffer death accordingly: provided nevertheless, that nothing herein contained shall be construed or taken to prevent his Majesty from extending his royal mercy to any such offender, and allowing his return from such place of transportation. Party whose name is forged shall be a competent Witness in Prosecutions.

(32) 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 or counterfeiting any deed, writing, instrument, or other matter whatsoever, or for uttering any deed, writing, instrument, or other matter whatsoever, knowing the same to be forged or counterfeited, 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 person may have or be supposed to have in respect of such deed, writing, instrument, or other matter,

Effect of free or conditional Pardon to a Convict. (33) And be it declared and enacted, that where the King's Majesty shall be pleased to extend his royal mercy to any offender convicted of any felony punishable with death or otherwise, and by warrant under his sign manual, countersigned by one of his principal secretaries of state, shall grant to such offender either a free or a conditional pardon, the discharge of such offender out of custody in the case of a free pardon, and the performance of the condition in the case of a conditional pardon, shall have the effect of a pardon under the great seal for such offender as to the felony for which such pardon shall be so granted : provided always, that no free pardon, nor any such discharge in consequence thereof, nor any conditional pardon, nor the performance of the condition thereof, in any of the cases aforesaid, shall prevent or mitigate the punishment to which

the

1828. 25 July, 9 Geo. 4, cap. 74.

ito a party aggrieved, it shall be payable to a body corporate in every case where such body shall be the party aggrieved.

Court may abstain from pronouncing Sentence of Death. (27) And be it enacted, that whenever any person shall be convicted of any felony, except murder, for which he shall by law be liable to suffer death, and the court before which such offender shall be convicted shall be of opinion that the particular circumstances of the case do not require that judgment of death should be pronounced, but that such offender is a fit and proper subject either to be recommended to the royal mercy or to be ordered to be transported under the authority of this act, it shall and may be lawful for such court, if it shall think fit so to do, to direct the proper officer then being present in court to require and ask, whereupon such officer shall require and ask, if such offender hath or knoweth any thing to say why judgment of death should not be recorded against such offender ; and in case such offender shall not allege any matter or thing sufficient in law to arrest or bar such judgment, the court shall and may, and is hereby authorized to abstain from pronouncing judgment of death upon such offender, and instead of pronouncing such judgment, to order the same to be entered of record, and thereupon such proper officer as aforesaid shall and may and is hereby authorized to enter judgment of death on record against such offender in the usual and accustomed form, and in such and the same manner as is now used, and as if judgment of death had actually been pronounced in open court against such offender by the court before which such offender shail have been convicted.

Record of Judgment to have Effect. (28) And be it further enacted, that a record of every such judgment so entered as aforesaid shall have the like effect to all intents and purposes, and be followed by all the same consequences, as if such judgment had actually been pronounced in open court, and the offender had been reprieved by the court.

Court may order Capital Offenders to be transported. (29) And be it enacted, that when any person shall be convicted of any felony for which judgment of death shall be pronounced or recorded against him, it shall and may be lawful for the court, instead of leaving such judgment of death to be executed on such offender, to order such offender to be transported to such place as the court shall direct, either for life or for such term of years as the court shall order.

(30) And be it enacted, that where any offender shall be ordered or sentenced to be transported by any court, the Governor-in-Council of the presidency, or other chief officer of the place where the conviction shall be had, shall and he is hereby required to take order for

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the due performance of such sentence of transportation accordingly : provided always, that it shall not be lawful for any such court to order the transportation of any person, being a native of the East-Indies and not born of European parents, to the Eastern coast of New South Wales, or any of the islands adjacent thereto.

Persons returning from Transportation. (31) And be it enacted, that if any offender who shall be ordered by any court to be transported for any term of life or years, shall be found within any of the British territories within the limits of the said United Company's charter, except the place to which he shall have been so ordered to be transported, or shall come into any part of this United Kingdom before the end of his term, and shall be convicted thereof, he shall be liable to be punished as a person attainted of felony, and to suffer death accordingly : provided nevertheless, that nothing herein contained shall be construed or taken to prevent his Majesty from extending his royal mercy to any such offender, and allowing his return from such place of transportation. Party whose name is forged shall be a competent Witness in Prosecutions.

(32) 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 or counterfeiting any deed, writing, instrument, or other matter whatsoever, or for uttering any deed, writing, instrument, or other matter whatsoever, knowing the same to be forged or counterfeited, 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 person may have or be supposed to have in respect of such deed, writing, instrument, or other matter.

Effect of free or conditional Pardon to a Convict. (33) And be it declared and enacted, that where the King's Majesty shall be pleased to extend his royal mercy to any offender convicted of any felony punishable with death or otherwise, and by warrant under his sign manual, countersigned by one of his principal secretaries of state, shall grant to such offender either a free or a conditional pardon, the discharge of such offender out of custody in the case of a free pardon, and the performance of the condition in the case of a conditional pardon, shall have the effect of a pardon under the great seal for such offender as to the felony for which such pardon shall be so granted: provided always, that no free pardon, nor any such discharge in consequence thereof, nor any conditional pardon, nor the performance of the condition thereof, in any of the cases aforesaid, shall prevent or mitigate the punishment to which

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the offender might otherwise be lawfully sentenced on a subsequent conviction for any felony committed after the granting of any such

ch pardon. Punishment for Felony, after endured, shall have the effect of a Pardon.

(34) And be it enacted, that where any offender hath been or shall be convicted of any felony, and hath endured or shall endure the punishment which hath been or shall be adjudged or ordered in respect thereof, 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 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. What shall render a Party an incompetent Witness after Punishment.

(35) And be it enacted, that where any offender hath been or shall be convicted of any misdemeanor which renders the parties convicted thereof incompetent witnesses (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 misdemeanor an incompetent witness in any court or proceeding, civil or criminal.

Affirmations of Quakers, &c. to be admitted. (36) And be it enacted, 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 ;” and that every native of any country within the limits of the charter of the said United Company, who may be required to give evidence in any case whatsoever, criminal or civil, and who shall object on the ground of any religious scruple to take an oath in the usual form, may, at the discretion of the court, be perịnitted to make his or her solemn affirmation or declaration in such manner and form as the court shall deem sufficiently binding upon his or her conscience, 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, Moravian, or Native 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

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same pains, penalties, and forfeitures to which persons convicted of wilful and corrupt perjury are subject.

Persons to be sworn according to their respective Religions. · (37) And be it enacted, that all persons who by any laws are now required to take an oath upon the holy Evangelists, or in any other manner, for the purpose of sitting or acting as members of any court, civil or criminal, or for any other purpose whatsoever, may, instead thereof, be sworn according to the forms of their respective religions.

Aiders and Abettors how punishable. (38) And be it enacted, that in case of any felony punishable under this act, every principal in the second degree, and every accessory before the fact, shall be punishable with death, or otherwise, in the same manner as the principal in the first degree is by this act punishable; and every accessory after the fact to any felony punishable under this act (except only a receiver of stolen property), and an accessory after the fact to murder, shall, on conviction, be liable to be imprisoned for any term not exceeding two years ; and every person who shall aid, abet, counsel, or procure the commission of any misdemeanor punishable under this act, shall be liable to be indicted and punished as a principal offender.

(39) And be it enacted, that if any person shall aid, abet, counsel, or procure the commission of any offence which is by this act punishable on summary conviction, either for every time of its commission, or for the first and second time only, or for the first time only, every such person shall, on conviction before a justice of the peace, be liable for every first second, or subsequent offence of aiding, abetting, counselling, or procuring, to the same forfeiture and punishment to which a person guilty of a first, second, or subsequent offence as a principal offender is by this act made liable. In what cases Persons may be apprehended, Search Warrants granted,

and Property seized. (40) And be it enacted, that any person found committing any offence punishable either upon indictment or upon summary conviction by virtue of this act, may be immediately apprehended without a warrant by any peace officer, or by the party aggrieved, or by his servant, or any person authorized by him, and forthwith taken before some neighbouring justice of the peace, to be dealt with according to law; and if any credible witness shall prove upon oath before a justice of the peace a reasonable cause to suspect that any person has in his possession or on his premises any property whatsoever, on or with respect to which any such offence shall have been committed, the justice may grant a warrant to search for such property, as in the case of stolen goods; and any person to whom any property shall be offered to be sold, pawned, or delivered, if he shall have reasonable

cause

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