parties being thereof convicted or attainted according to the laws of this realm, shall suffer such pains of death, loss and forfeiture of their goods, chattels, lands and tenements, as in cases of felony by the common laws of this realm ought to be lost or forfeited, without having any advantage or benefit of clergy or sanctuary: Saving to every person or persons, bodies politic and corporate, their heirs and successors, other than the said offenders, and such as claim to their uses, all such rights, titles, interests, possessions, liberties of distresses, leases, rents, reversions, offices and other profits and advan-. tages, which they or any of them shall have at the time of such conviction or attainder, of, in or to any the lands, tenements or hereditaments of any such person so as is aforesaid convicted or attainted, or at any time before, in as large and as ample manner, to all intents and purposes as if this act had never been had ne made. 9. Provided, That any such conviction or attainder of felony, as is aforesaid, or any forfeiture by reason of the same, shall not in any wise extend to take away the dower of the wife of any such person attainted, nor to the corruption of blood, or disherison of any the heir or heirs of any such person or persons so attainted; this act, or any thing therein contained, or any other statute, law, usage, custom or thing heretofore used to the contrary in any wise notwithstanding. [See A. A. 1787. P. L. 430.-Title 72, Escheat, § 15.] 10. Provided, That this act, or any thing therein contained, shall not extend to charge any ordinary, or any their commissaries, officials, registers or any other their officers or ministers with any the offences aforesaid, for putting their seal of office to any will to be exhibited unto them, not knowing the same to be false or forged, or for writing of the said will or probate of the same; this act or any thing therein contained to the contrary notwithstanding. 11. All and every justices of oyer and determiner, and justices of assise in their circuits and every of them, shall have full power and authority in every of their open and general sessions, to enquire, hear and determine of all and every the offences aforesaid committed or done within the limits of their commission, and to make process for the execution of the same, as they may do against any person being indicted before them of trespass, or lawfully convicted thereof. 12. Provided always, That this act, or any thing therein contained, shall not extend or be hurtful in any wise to any proctor, advocate or register of any ecclesiastical court within this realm, for the writing, setting forth or pleading of any proxy made according to the ecclesiastical laws or customs heretofore used and allowed by the ecclesiastical courts of this realm, for the appearance of any person or persons, being cited to appear in any of the said courts ecclesiastical, nor to any archdeacon or official, for putting their authentic seal to the said proxy or proxies, neither yet to any judge ecclesiastical for admitting of the same: But that they and every of them may hereafter do in all points concerning the same, as they and every of them might lawfully have done before the making of this act; any thing in this act to the contrary in TIT. 82. any wise notwithstanding. Of deeds or 13. Provided always, That if any person or persons what- A. D. 1562. soever, that hath of his or their own head, or by false conspi- St. 5 Eliz. c. racy and fraud with any other, wittingly, subtilly and falsely 14. forged or made, or shall before the said first day of June, forge w and make any false deed, charter or writing sealed, or the will of any person in writing, or any court-roll, to the intent that the estate of freehold or inheritance, or the right, title or interest of inheritance or freehold of any person or persons, of, in or to any manors, lands, tenements, or hereditaments, being freehold or copyhold, or that by any such forged deed, charter, court-roll, or writing, before the said first day of June shall or may be molested, troubled or defeated of any the said estates of any lands, tenements or hereditaments, being freehold or copyhold: Or if any person or persons have heretofore published or shewed forth in evidence, or before the said first day shall publish or shew in evidence for the proof of any title, any false or forged deed, charter, writing, will or court-roll, as true, knowing the same to be false and forged as is aforesaid, to the intent above remembered, and shall be thereof attainted or convicted, according to the order of the laws of this realm, either in an action of forger of false faits, [Deeds.] or in an action upon the case, at the suit of the party aggriev*ed, his heirs, executors or assigns, that then the party so convicted shall pay and yield damages, and costs of suit to the plaintiff, as shall be assessed according to the order of the laws of this realm in any such like action or suit, and shall suffer imprisonment and pay fine and ransom at the pleasure of the queen's majesty, her heirs and successors. 14. And if any person or persons shall, after the said first day of June, plead, publish, or shew forth in evidence or otherwise, for the proof of any title, any false and forged deed, charter, writing, will or court-roll, heretofore falsely made and forged before the said first day of June, as true, knowing the same to be false and forged, to the intent to have or claim thereby any estate of inheritance, freehold or lease of years, in or to any manors, lands, tenements or hereditaments, or any annuity, rent or profit, forth of any manors, lands, tenements or hereditaments; or to the intent to alter, defeat, molest, trouble, charge or recover the estate of inheritance, freehold, or for years, of any person in any manors, lands, tenements, rents, or hereditaments; that then every person and Punishment. persons that shall so offend, and shall be thereof convicted in form first above remembered, shall pay unto the party grieved, double costs and damages; and shall have imprisonment, loss of ears; slitting and searing of nose, and forfeiture of lands, in the same manner and form as above is limited for any person that shall offend by forging or publishing of any false deed or writing as is aforesaid, after the aforesaid first day of June. 15. Provided always, That this act nor any pain, forfeiture, or Provisos. thing therein contained, shall not extend to any attorney, lawyer or counsellor that shall for his client plead, shew forth or give in evidence any false and forged deed, charter, will, TIT. 82. A. D. 1562. St. 5 Eliz. c. 14. A. A. 1736-7. See St. 2 Geo. 2. c. 25. To falsely forge, or cause to be forged, or willingly to aid in forging bond, bill, note, &c. with intention to defraud; or utter the same as true, &c. made felony without clergy. court-roll or other writing, for true or good, being not party or privy to the forging of the same, for the pleading, shewing forth or giving in evidence of the same; any thing in this act to the contrary notwithstanding. 16. Provided always, That this act, or any thing therein contained, shall not extend to any person or persons that shall plead or shew forth any deed or writing, exemplified under the great seal of England, or under the seal of any other authentic court of this realm; nor shall extend to any judge or justice, or other person that shall cause any seal of any court to be set to any such deed, charter or writing enrolled, not knowing the same to be false or forged; any thing in this act to the contrary notwithstanding. 17. And whereas the wicked, pernicious and abominable crimes of forgery, perjury, and subornation of perjury have of late time been so much practised, to the subversion of common truth and justice, and prejudice of trade and credit, that it is necessary, for the more effectual preventing of such enormous offences, to inflict a more exemplary punishment on such offenders than by the laws of this province can now be done: Be it enacted, That if any person from and after the twenty-fifth day of March, 1737, shall falsely make, forge or any deed, will, counterfeit, or cause or procure to be falsely made, forged or counterfeited, or willingly act or assist in the false making, forging or counterfeiting any deed, will, testament, bond; writing obligatory, bill of exchange or promissory note for payment of money, indorsement or assignment of any bill of exchange or promissory note for payment of money, or any acquittance or receipt either for money or goods, or any acceptance of any bill of exchange, or the number or principal sum of any accomptable receipt for any note, bill or other security for payment of money, or any warrant or order for payment of money or delivery of goods, with intention to defraud any person whatsoever, or shall utter or publish as true any false, forged or counterfeited deed, will, testament, bond, writing obligatory, bill of exchange, promissory note for payment of money, indorsement or assignment of any bill of exchange, or promissory note for payment of money, acquittance or receipt. either for money or goods or any acceptance of any bill of exchange, or the number or principal sum of any accomptable receipt for any note bill or other security for payment of money, or any warrant or order for payment of money or delivery of goods, with intention to defraud any person, knowing the same to be false, forged or counterfeited; then every such person, being thereof lawfully convicted, according to the due course of law shall be deemed guilty of felony, and suffer death as a felon without benefit of clergy. 18. And be it further enacted, that if any person from and Falsely mak- after the said 25th day of March, 1737, shall falsely make, forge, ing, forging, counterfeit, alter, change, deface or eraze, or cause or procure changing, razing or coun- to be falsely made, forged, counterfeited, altered, changed, terfeiting any defaced or erazed any of the records of this province, or any records or plat or plats of land which is, are, or shall be annexed and replats of land, ferred to in any grant or grants, of lands in this province, or felony withwhich is, are, or shall be lodged, entered or inrolled in the of TIT. 82. fices of the secretary, surveyor-general of his majesty's lands, or deputy auditor, or any other office of or keeping records in this province, or either of them, or shall willingly act or assist in benefit of any of the premises, with intention to defraud any person what- clergy. soever, every such person being, thereof lawfully convicted according to the due course of law, shall be deemed guilty of felony, and suffer death as a felon without benefit of the clergy. 19. Provided, That no attainder for any offence hereby Proviso. made felony shall make or work any corruption of blood, loss of dower, or disherison of heirs, or forfeiture of goods or chattels. P. L. 314. 20. Any person who shall counterfeit, or utter, or attempt A. A. 1783. to pass, knowing them to be counterfeit, any of the aforesaid Counterfeitgold or silver coins, or shall make, or keep in his or her pos- ing foreign session, any stamp, die, or mould, for coining the same, upon coins, felony being duly convicted thereof, shall be adjudged guilty of fe- without clerlony, and suffer death as a felon, without benefit of clergy.* gy. Tobacco 21. If any person shall erase, alter, or counterfeit any note A. A. 1789. or manifest of tobacco given by any inspector of tobacco with- P. L. 484. in this state, or shall utter in payment or barter any such note or manifest, knowing the same to be counterfeit, every such person on conviction shall suffer death. notes, &c. 2 Faust 379. 22. Be it enacted, That if any person, from and after the A. A. 1801. passing of this act, shall, within this state, falsely make, forge To forge or or counterfeit, or cause or procure to be falsely made, forged counterfeit, or counterfeited, or willingly act or assist in the false making, or cause, or forging or counterfeiting of any deed, will, testament, bond, procure, &c. writing obligatory, bill of exchange, promissory note for pay- any will, &c. ment of money or delivery of goods, bank note for payment of felony with out benefit of money of any incorporated or unincorporated bank or compa- clergy. ny within this state, or any of the United States, or any indorsement or assignment of any bill of exchange or promissory note for payment of money, or of any bank note for payment of money of any incorporated or unincorporated bank or company within this state or any of the United States; or any acquittance or receipt, either of money or goods, or any acceptance of any bill of exchange, or the number or principal sum of any promissory note or bank note, for the payment of money of any corporated or incorporated bank or company in this state or any of the United States, or the number or principal sum of any accomptable receipt for any note, bill or other security for payment of money, or any warrant or order for payment of money or delivery of goods, with intention to defraud any person or persons residing or being within this state or any of the United States, or any bank or company, corporated * The coins mentioned in the act, are as follows: Spanish milled Dollar-Johannes--Half ditto-Quarter ditto-Eighth ditto-MoidoreHalf ditto-Quarter ditto-Eighth ditto-Spanish Doubloon-Double Pistole-Pistole-Half Pistole-English Guinea—Half ditto—Quarter ditto-French Guinea-French Crown-English Crown-PistareenGerman piece-Half ditto-Ducat. This act fixes the standard of weight and value of these coins: But see the Constitution of the United States, Art. 1. § 8. and Acts of Congress. VOL. I. Ааа TIT. 82. A. A: 1801. or unincorporated, within this state or any of the United States, or the president or any other officer of any such bank or company; then every such person, being lawfully thereof 2 Faust 380. convicted, according to the due course of law, shall be deemed guilty of felony, and shall suffer death as a felon, without benefit of clergy. To utter or publish as true, any forged or coun terfeited deed, will, &c. felony with out benefit of clergy. 23. And be it further enacted, That if any person, from and after the passing of this act, shall, within this state, utter or publish as true, any false, forged or counterfeited deed, will, testament, bond, writing obligatory, bill of exchange, promissory note for payment of money or delivery of goods, bank note for payment of money of any incorporated or unincorporated bank or company, within this state or any of the United States, or any indorsement or assignment of any bill of exchange or promissory note for payment of money, or of any bank note for payment of money, of any incorporated or unincorporated bank or company, within this state or any of the United States, or any acquittance or receipt, either for money or goods, or any acceptance of any bill of exchange, or the number or principal sum of any accomptable receipt for any promissory note or bank note for payment of money, of any incorporated or unincorporated bank or company within this state or any of the United States, or the number or principal sum of any accomptable receipt, note, bill, or other security, for payment of money, or any warrant or order, for payment of money or delivery of goods, with intention to defraud any person or persons, residing or being within this state or any the United States, or any bank or company corporated or unincorporated, within this state, or any of the United States, or the president or any other officer of any such bank or company; the said person so uttering the same as aforesaid, knowing the same to be false, forged or counterfeited; then every such person, being thereof lawfully convicted according to the due course of law, shall be deemed guilty of felony, and shall suffer death as a felon, without benefit of clergy. [See Title 92, Hawkers and Pedlars.] of TIT. 83. A. A. 1812. To be furnish ed with ord nance. TITLE 83. Forts. AND be it further enacted, That the governor be authorized to furnish each fort or battery already erected, or which may hereafter be erected, on any part of the coast, with two or more pieces of ordnance, of such calibre as in his opinion is best calculated to promote the end contemplated: Provided the said forts or batteries be so situated as will enable them to aid in the defence of the maritime frontier. |