Plantations may Deputy Governors, or Commanders in Chief of Plantations and Colonies and Colonies within his Majesty's Dominions beyond the Seas have be tried in K. B. taken advantage, and have not been deterred from oppressing in England, or in any County, his Majesty's subjects within their respective Governments and by commission; Commands, nor from committing several other great Crimes and Offences, not deeming themselves punishable for the same here, nor accountable for such their crimes and offences to any person within their respective Governments and Commands; for remedy whereof be it enacted, that if any Governor, Lieutenant Governor, Deputy Governor, or Commander in Chief of any Plantation or Colony within his Majesty's Dominions beyond the Sea, shall, after 1st August 1700, be guilty of Oppressing any of his Majesty's subjects beyond the Seas within their respective Governments or Commands, or shall be guilty of any other Crime or Offence contrary to the Laws of this Realm, or in force within their respective Governments or Commands, such Oppressions, Crimes, and Offences shall be inquired of, heard, and determined in his Majesty's Court of King's Bench here in England, or before such Commissioners, and in such County of this Realm as shall be assigned by his Majesty's Commission and by good and lawful men of the same county; and that such and shall be punished in like punishments shall be inflicted on such offenders as are usually manner as similar inflicted for offences of like nature committed here in England. offences are in 11, 12 W. 3. c. 12. England. The Statute 42 G. 3. c. 85. "for the trying and punishing in Great Britain persons holding Public Employments, for Offences committed Abroad," reciting that persons holding and exercising public Employments out of Great Britain often escape punishment for offences committed by them, for want of Courts having a sufficient Jurisdiction, in or by reason of their departing from the country or place where such offences have been committed, and that such persons cannot be tried in Great Britain for such offences as the law now stands, inasmuch as such offences cannot be laid to have been committed within the Body of any County; and that it is therefore expedient that such and the like provisions as are contained in an act [11 & 12 W. 3. c. 12. see above], and an act passed in the Thirteenth year of the reign of his present Majesty [13 G. 3. c. 63.]; and in an act passed in the Twenty-fourth Year of the reign of his present Majesty [24 Geo. 3. st. 2. c. 25.] (1) should be extended and applied to the punishment of such offenders, enacts, that from and after the passing of this act, if any person who now is or sons employed (1) See these Statutes under Title EAST INDIA COMPANY. Offences com mitted by per in any public service abroad may be prosecuted in the Court of K. B. in England; and may be laid in Middlesex, and the offenders punished as if the offences had been committed in England. The Court of K. B. on motion may award a Writ of Man damus to any Court of Judicature, or the Governor, &c. of the Country where the offence was com mitted to obtain proofs of the matters charged in the indictment which shall be done by viva voce evidence, and the same shall be transmitted to heretofore has been, or shall hereafter be employed by or in the Service of his Majesty, his heirs or successors, in any Civil or Military Station, Office, or Capacity out of Great Britain, or shall heretofore have had, held, or exercised, or now has, holds, or exercises, or shall hereafter have, hold, or exercise any public Station, Office, Capacity, or Employment out of Great Britain, shall have committed, or shall commit, or shall have heretofore been, or is or shall hereafter be guilty of any Crime, Misdemeanour, or Offence, in the execution, or under colour, or in the exercise of any such Station, Office, Capacity, or Employment as aforesaid, every such crime, offence, or misdemeanor may be prosecuted or enquired of, and heard and determined in his Majesty's Court of King's Bench here in England, either upon an Information exhibited by his Majesty's Attorney General, or upon an Indictment found, in which information or indictment such crime, offence, or misdemeanor may be laid and charged to have been committed in the County of Middlesex, and all such persons so offending, and also all persons tried under any of the provisions of the said recited act, passed in the Reign of King William aforesaid, or this act, or either of them, for any offence, crime, or misdemeanor, and not having been before tried for the same out of Great Britain, shall, on conviction, be liable to such punishment as may, by any Law or Laws now in force, or any act or acts that may hereafter be passed, be inflicted for any such crime, misdemeanor, or offence committed in England, and shall also be liable, at the discretion of his Majesty's Court of King's Bench, to be adjudged to be incapable of serving his Majesty in any Station, Office, or Capacity, Civil or Military, or of holding or exercising any public Employment whatever. s. 1. In all cases of indictments found or informations exhibited under and by virtue of this act, it shall be lawful for his Majesty's said Court of King's Bench, upon Motion to be made, and such notice thereof as to the said Court of King's Bench may appear to be sufficient, by or on behalf of his Majesty's Attorney General or other prosecutor, or of the defendant or defendants, to award at the discretion of the said Court, a writ or writs of Mandamus to any Chief Justice and Judges, or any Chief Justice or other Judge singly for the time being, of any Court or Courts of Judicature in the Country or Island, or near to the place where the Crime, Offence, or Misdemeanor shall be charged in such Indictment or Information to have been committed, or to any Governor or Lieutenant Governor, or other person having any chief authority in such Country, K. B. and ad Island, or place, or to any other person or persons residing the Court of there, as the case may require, and as to the said Court of mitted on the King's Bench may, under all the circumstances of the case, trial, &c. seem most expedient for the purpose of obtaining and receiving proofs concerning the matters charged in any such Indictment or Information; and the person or persons to whom such writ or writs shall be directed and sent, are hereby respectively authorized and required to hold a Court, Session, or Meeting, with all convenient speed, for the examination of witnesses and receiving other proofs concerning the matters charged in such Indictment or Information respectively; and in the mean time to cause public notice to be given of the holding the said Court, Session, or Meeting, and to issue such summons or other process as may be requisite for the attendance of witnesses, and to adjourn from time to time, as occasion may require; and such examination or examinations shall be then and there openly and publicly taken, viva voce, in the said Court, Session, or Meeting, upon questions put by any such prosecutor or prosecutors, defendant or defendants, or any agent or agents, person or persons on behalf of the said Attorney General or other prosecutor or prosecutors, and defendant or defendants respectively, if any such shall attend for that purpose, and by the Court, person or persons to whom such writ shall be directed and sent as aforesaid, upon the respective oaths of witnesses, and the oaths of skilful interpreters, if necessary, administered accord, ing to the forms of their several Religions, and shall, by some Officer or person sworn for that purpose, be reduced into writing on parchment or paper; and in case any duplicate or duplicates shall be required by or on behalf of the prosecutor, or the defendant or defendants respectively, into two or more writings on parchment or paper, as the case may require; and such examination or examinations shall be sent to his Majesty in his Court of King's Bench, closed up, and under the seal or seals of the person or persons before whom such examination or examinations as aforesaid shall have been taken; and the person or persons taking such examination or examinations as aforesaid shall deliver the same to any person or persons appointed by the said Court of King's Bench to receive the same, or shall transmit the same in such manner as the said Court of King's Bench shall direct; and all such examinations shall, with all convenient speed, be delivered to one of the Clerks in Court of his Majesty's Court of King's Bench, in the Crown Office of the said Court, for the safe custody thereof; and Court of K. B. may order an examination de bene esse, in cases where viva voce evidence cannot be had. Persons to whom such writs of mandamus shall be directed, shall do all things necessary for the due execution every Clerk in the said Court of King's Bench, to whom any examination or examinations shall be delivered, is hereby authorized to administer an oath to the person delivering the same to him, in such form as the said Court of King's Bench shall direct; and such examination or examinations shall be allowed and read upon the Trial of any such Indictment or Information, or any other subsequent proceeding thereon or relating thereto, and shall be deemed as good and competent evidence as if the witness or witnesses, whose examination or examinations shall be so read, had been present, and sworn, and examined, viva voce, at such Trial, any Law or Usage to the contrary notwithstanding, saving all just exceptions to be taken to any such examination or examinations, or any part thereof, when the same shall be offered to be read as aforesaid; and all persons concerned shall be entitled to take copies of such examinations in the custody of such Clerk in Court, at their own costs and charges. s. 2. It shall also be lawful for the said Court of King's Bench, motion to be made and such notice thereof as aforesaid, upon by or on behalf of his Majesty's Attorney General, or other prosecutor, or defendant or defendants in any such Indictment or Information, to order an examination de bene esse of witnesses upon interrogatories, in any case where the viva voce testimony of such witnesses cannot conveniently be bad, to be taken before an Examiner to be appointed by the said Court, and the depositions taken upon such interrogatories shall be afterwards admitted to be read in evidence upon the Trial of such Indictment or Information, or in any other subsequent proceeding thereon or relating thereto, and shall be deemed good and sufficient evidence in the Law, saving all just exceptions to be taken to such depositions when the same shall be offered to be read as aforesaid. s. 3. It shall be lawful for any person or persons to whom any such writ or writs of Mandamus shall be directed, or order sent as aforesaid; and in case the same shall be directed or sent to more than one person, for so many of them as shall for that purpose be appointed by the said writ, or required by the said thereof, by com- order, and who shall act in the execution thereof; and such pelling the apperson and persons is and are hereby respectively authorized pearance and and required to administer all oaths required to be taken under any of the provisions of this act, or necessary for the due execution of any such writ or order, or any act, matter, or thing relating thereto, and to examine upon oath all persons whom giving evidence of witnesses, &c. Colonies. Commissions of the Peace. Conies. he or they find occasion to summon, and all other persons whom he or they shall think fit to examine, touching all matters and things necessary for the due execution of any such writ or order as aforesaid; and such person and persons respectively, to whom such writ shall be directed, or order sent as aforesaid, or so many of them as shall in that behalf be appointed, and shall act in the execution thereof as aforesaid, shall have full power and authority to compel the appearance and giving evidence of any witness upon any such writ or order, aud to issue special summons or other process for that purpose, and may proceed upon such summons or other process by imprisonment of the body of any person refusing to appear or give evidence, in like manner as any Court or Courts of Record within this Kingdom, having competent authority for that purpose, may proceed against any person or persons for any contempt committed against the authority of any such Court. s. 4. 151 false evidence inflicted for In case any person or persons in the course of his, her, or Persons giving their examination upon oath, under and by virtue of the said shall be subject recited act of the twenty-fourth year of his present Majesty, to the pains or this act, shall wilfully and corruptly give false evidence, such Perjury. person or persons so offending, and being thereof duly convicted, shall be, and is and are hereby declared to be subject and liable to such pains and penalties, as persons guilty of wilful and corrupt Perjury shall be liable to by any law or laws then in force in the Kingdom, Island, or place where such false evidence shall have been given as aforesaid. s. 5. Commissions of the Peace. intoCommissions In every Commission of the Peace through the Realm, where Two Men of need shall be, two men of Law of the same County where such Law shall be put Commission shall be made, shall be assigned to go and proceed of the Peace. to the deliverance of Thieves and Felons as often as they shall think it expedient. 17 R. 2. c. 10. Conies. (And see Title GAME.) park or other Reciting that since the making of the Statute 5 Eliz. c. 21., The penalty for grounds had been inclosed and kept for the preservation of breaking inclosed Deer and Conies, and that sufficient provision did not exist for grounds, and punishment of persons hunting or killing Deer or Conies in taking or hunting Conies. such grounds since the said Statute inclosed, or any former ground which since the said Statute had been in any part altered; it is enacted, that if any person shall in the night time, or by day, |