Witnesses not to excluded from by incapacity giving evidence from crime or interest. eir judgment on the credit of the witnesses adduced and on the truth of Evidence and eir testimony: it is enacted, "That no person offered as a witness shall Witnesses. reafter be excluded by reason of incapacity from crime or interest from ving evidence, either in person or by deposition, according to the prac- 6 & 7 Vict. c. 85. e of the court, on the trial of any issue joined, or of any matter or estion, or on any inquiry arising in any suit, action, or proceeding, civil criminal, in any court, or before any judge, jury, sheriff, coroner, gistrate, officer, or person having, by law or by consent of parties, aubrity to hear, receive, and examine evidence; but that every person so ered may and shall be admitted to give evidence on oath, or solemn Frmation in those cases wherein affirmation is by law receivable, notthstanding that such person may or shall have an interest in the matter question, or in the event of the trial of any issue, matter, question, or ury, or of the suit, action, or proceeding in which he is offered as a ness, and notwithstanding that such person offered as a witness may e been previously convicted of any crime or offence: Provided that Proviso. act shall not render competent any party to any suit, action, roceeding individually named in the record, or any lessor of the plainor tenant of premises sought to be recovered in ejectment, or the lord or other person in whose right any defendant in replevin may ke cognizance, or any person in whose immediate and individual behalf action may be brought or defended, either wholly or in part, or the band or wife of such persons respectively; provided also, that this act Not to repeal an not repeal any provision in a certain act passed in the session of provision in fament holden in the seventh year of the reign of his late majesty and i Vict. c. 26. he first year of the reign of her present majesty, intituled 'An Act for Amendment of the Laws with respect to Wills;' provided that in In courts of ts of equity any defendant to any cause pending in any such court equity defendant be examined as a witness on the behalf of the plaintiff or of any co- on behalf of the ndant in any such cause, saving just exceptions; and that any inte- plaintiff or any which such defendant so to be examined may have in the matters or of the matters in question in the cause shall not be deemed a just ption to the testimony of such defendant, but shall only be considered fecting or tending to affect the credit of such defendant as a witness." ect. 2. "That wherever in any legal proceedings whatever legal pro- In legal proceedings may be set out, it shall not be necessary to specify that any par- to state that jurors ar persons who acted as jurors had made affirmation instead of oath, had made it may be stated that they served as jurymen, in the same manner affirmation. no act had passed for enabling persons to serve as jurymen without 23 Will. IV. & may be examined co-defendant, &c. ings not necessary passing this act. s. 69. set. 3. "That nothing in this act shall apply to or affect any suit, As to suits comn, or proceeding brought or commenced before the passing of this act." menced before y the 7 & 8 Vict. c. 101, s. 69, it is enacted, “That it shall be lawful for 7 & 8 Vict. c. 101. board of guardians or district board, at any meeting thereof, to make rtificate in the form or to the effect contained in the schedule of this Guardians, &c. marked (C.), and that every such certificate, and every copy of a may make a ute of any order, complaint, claim, application, or authority of any which may be certain certificate, hboard of guardians or district board, purporting respectively to be received in evied by the presiding chairman of such guardians or district board, and dence, &c. e sealed with their seal, and to be countersigned by their clerk, shall, 988 the contrary be shown, be taken to be sufficient proof of the truth ill the statements contained in such certificate, and of the directions pecting such order, complaint, claim, or application having been given lleged in the copy of such minute, and shall be received in evidence ordingly by and before all courts of justice and all justices, without any of of the signatures or of the official characters of the persons signing same, or of such seal, or of such meeting; and that for the purpose making any order of removal or other order no further or other evice of chargeability than such certificate shall be required, provided 4 every such order bear date within twenty-one days next after the day the date of such certificate." Evidence and sessions, or out of sessions, may summon witnesses, and compel them to attend and give evidence. Sect. 70. "That in any proceedings to be had before justices in petty or special sessions or out of sessions, under the provisions of this act on of any of the acts required to be construed as one act herewith, if any 7 & 8 Vict. c. 101. party to such proceedings request that any person be summoned to appea Justices at petty as a witness in such proceedings, it shall be lawful for any justice to sum mon such person to appear and give evidence upon the matter of suc proceedings; and if any person so summoned neglect or refuse to appea to give evidence at the time and place appointed in such summons, and i proof upon oath be given of personal service of the summons upon such person, and that the reasonable expences of attendance were paid or tea dered to such person, it shall be lawful for such justice, by warrant unde his hand and seal, to require such person to be brought before him, or an justices before whom such proceedings are to be had; and if any pers coming or brought before any such justices in any such proceedings refue to give evidence thereon, it shall be lawful for such justices to comm such person to any house of correction within their jurisdiction, there remain without bail or mainprize for any time not exceeding fourteen day or until such person shall sooner submit himself to be examined, and case of such submission the order of any such justice shall be a sufficien warrant for the discharge of such person." Rules &c. printed by the printer authorized by her majesty to be received in evidence. Evidence in legal transmission of Sect. 71. "And whereas it is provided by the said first-recited act tha all rules, orders, and regulations made by the said commissioners unde the authority of the said act shall be as valid and binding, and shall obeyed and observed, as if the same were specifically made by and emb died in the said act; but no sufficient provision is made for bringing st orders to the knowledge of courts of justice; be it therefore enacted, T any copy of any such rule, order, or regulation, printed by the print duly authorized by her majesty or any of her royal predecessors or su cessors, shall, after the lapse of fourteen days from the date thereof.) received in evidence, and judicially taken notice of, and shall, until contrary be shown, be deemed sufficient proof that such order was du made, and is in force." Sect. 72. "And whereas it is provided by the said first-recited act th proceedings of the a written or printed copy of every rule, order, or regulation, of the sa the commission- commissioners shall, before the same shall come into operation in a ers' rules, &c. parish or union, be sent by the said commissioners by the post, or in sa manner as the commissioners shall think fit, sealed or stamped with the seal, addressed to the overseers of such parish, the guardians of su union, or their clerk, and to the clerk to the justices of the petty st sions held for the division in which such parish or union shall be situat and whereas the proof of such sending is often attended with gre expence and difficulty; be it enacted, That it shall not in any civil or c minal proceeding be necessary to prove such sending, except to the cle to the guardians of the union or of the parish, or, where there shall no guardians, to the overseers of the parish within which such rule, orde or regulation is intended to have effect; and that it shall in no case necessary to prove such sending unless reasonable notice in writing given, by the party requiring such proof, to the party upon whom su proof would lie, that such proof will be required; and whenever it proved to the satisfaction of the court that the said rule, order, or reg lation was sent, and that the party was cognizant thereof, such court sh order the reasonable expences of the witness or witnesses proving ti same to be paid by the party who has given such notice, and su expences shall be recoverable as penalties and forfeitures under the fir recited act." SCHEDULE (C.) to 7 and 8 Vict. c. 101. THE board of guardians of the poor of the do hereby certify, that on the union [or parish of 4. B. and his wife C and his child A. B., became chargeable to the parish of anion [or to the said union]. in the said Bastards. In testimony where of the common seal of the said guardians is hereunto (L. S.) day of (Signed) W. J., presiding chairman of the said board. Examination before Magistrates. fore magistrates. UNDER Sect. 3 of stat. 6 & 7 Will. IV. c. 114, persons committed to Examination benson for re-examination, on charges of felony, are not entitled to deand copies of the depositions. The right to copies does not attach, atil the prisoner is held to bail, or committed to prison for trial. It the duty of the magistrate to complete and sign the depositions as soon they are taken. (Ex parte Joshua Fletcher, 13 Law J., N. S., Mag. '43. 67.) Excise and Customs. P. 480, n. (b) read "3 & 4 Will. IV. c. 50." Excise and P. 496, n. (e) add, “And Id. sect. 11, enacts, That foreign goods bear- Customs. g the names or marks of manufacturers in the United Kingdom, on nportation after 5th January, 1843, to be forfeited." P. 498, marginal reference, line 3, read "3 & 4 Will. IV. c. 52." P. 506, n. (c) last line, read "See 5 & 6 Vict. c. 47, s. 27.” P. 511, line 44, for "Restrictions," read "Restrictions." P. 513, n. (e) last line, for "vol. ii. 510," read "post, 524.” P. 535, n. (c) add, "extended by 5 & 6 Vict. c. 47, s. 21, to unlicensed ersons acting as agents at any place in the port of London." See Addenda. P. 543, marginal reference, line 5, for "ol," read "of." P. 564, to "section 103," add a reference to "De Gondouin v. Lewis, 0 Ad. & Ell. 117; 2 P. & D. 283. S. C." P. 570, marginal reference, line 3, for “(2)” read “(1).” P. 598, fifth line from bottom, for "cement, stone," read "cement tone." An information for penalties, under the 3 & 4 Will. IV. c. 53, s. 44, harged the defendant with being concerned in the unshipping of goods, he duties on which had not been paid; with knowingly harbouring goods imported and illegally unshipped, without payment of duties; and with other offences under that section. It appeared at the trial, that a practice had prevailed at the custom-house of allowing the owners of imported goods to take them away without payment of duty at the time, an entry of them having been previously made in a book kept by the officers; and that the fraud complained of had been effected by a clerk of the defendant's removing some of the leaves from the custom-house book, and substituting others containing false entries of the quantity of goods imported. There was no direct proof that this fact was known to the defendant, but he derived benefit from the fraudulent transaction :-Held, that, under these circumstances, the jury might infer that the defendant was privy to the fraud. The 44th section of the 3 & 4 Will. IV. c. 53, enacts, that "every person" who shall be concerned in the unshipping of goods, the duties for which have not been paid, &c., shall forfeit either the treble value thereof, or be liable to the penalty of 1007. The defendant and his partner having been separately convicted of the same offences: -Held, that each was liable to the penalties imposed by the act. (Reg. v. Dean, 12 M. & W. 39.) Vol. VI. 2 M Excise and 5 & 6 Vict. c. 47. The act 3 & 4 Will. The following sections of the 5 & 6 Vict. c. 47, referred to in the notes, under the respective heads of " Management," "Regulation," and Smuggling," are here printed at full length :— 66 The 5 & 6 Vict. c. 47, sect. 2, reciting, "That whereas one of the said Management. acts was passed for the management of the customs, and it is expedien to amend the same: and whereas the provisions of the said last-mentioned act extend to the island of Jersey, so far as the same are applicable to that island, according to the laws thereof, although the said islands not specially named therein and that the said island not having beer. specially named in the said act, the same has not been registered in the royal court of the said island, enacts, That the said royal court sha have full power and authority and is hereby required to register the sai act in the same manner as if the said island had been specially named therein." (See vol. ii., p. 481, n. (a).) specially named in that act. Regulation. Certain prohibitions repealed. Fish of foreign taking, train oil, &c. prohibited to be imported, unless in vessels clearing regularly from a foreign port. Repeal of so much of 3 & 4 Will. IV. c. 52, as permits turbots to be landed without entry. Tobacco, the pro- British posses of 80 lbs. and negrohead tobacco from Sect. 3, reciting, "That whereas by one of the said acts, intituled, ‘An Act for the Regulation of the Customs,' several sorts of goods, enumerated or described in a table of prohibitions and restrictions inwards therein set forth, are absolutely prohibited to be imported into the United Kingdom, and it is expedient to repeal several of the same prohibitions: enacts, That so much of the said act and table as prohibits the importation into the United Kingdom of beef or pork, fresh or corned or slightly salted, great cattle, mutton, lamb, sheep, swine, and fish of foreign taking or curing, or in foreign vessels, shall be and the same hereby repealed."" (See vol. ii., p. 512, n. (a).) Sect. provides and enacts, "That all fish of foreign taking, excep anchovies, eels, turbot, and lobsters, and all train oil, blubber, spermacet oil, head matter, skins, bones, and fins, the produce of fish or creature living in the sea, and of foreign taking, shall be and the same is hereby prohibited to be imported into the United Kingdom in fishing vessels, in any other vessels, unless such other vessels shall have been cleared out regularly from some foreign port; and if any such fish or produce c fish or creatures living in the sea shall be so imported into the United Kingdom the same shall be forfeited." (See vol. ii., p. 512, n. (a).) Sect. 5 enacts, "That so much of the said last-mentioned acts as per mits turbots of foreign taking, or imported in a foreign ship, to be lande in the United Kingdom, without report, entry, or warrant, and so much of the said act as excepts such turbots from the regulations as to timet and places of landing, and presence of officers of customs at landing shall be repealed." (See vol. ii., p. 512, n. (c).) Sect. 6, reciting, "That whereas by the said last-mentioned act, and by an act passed in the sixth and seventh years of the reign of his said late majesty king William the Fourth, intituled An Act to amend the Laws relating to the Customs,' certain restrictions are laid down in respect cf sions in packages the packages in which tobacco may be imported into the United King dom; enacts, That the said restrictions shall not extend to negrohead tobacco, the produce of and imported from the United States of America in packages of not less than one hundred and fifty pounds weight each, nor to any tobacco the produce of Mexico, Columbia, or the continent of South America, or the islands of Saint Domingo and Cuba, when imported from the warehouse in any British possession in America, in packages of not less than eighty pounds weight each.'" (See vol. iing p. 513, n. (e).) United States in packages of 150 lbs. Repealing so much of 3 & 4 Will. IV. c. 52, requires weight of tobacco to be Sect. 7, reciting, "That whereas by the said act for the regulation of the customs, tobacco is prohibited to be imported into the United King as dom unless the particular weight of tobacco in each hogshead, cask, chest, or case, with the tare of the same, be marked thereon; and that it is expedient to repeal so much of the said act, enacts, "That from and after the passing of this act so much of the said last-mentioned act as hereinbefore set forth shall be repealed.'" (See vol. ii., p. 514, n. (a).) ̧ Sect. 8, reciting, "That whereas by the said last-mentioned act certain re-imported into articles therein mentioned, which have been exported from the United marked upon casks, &c. Tobacco may be Excise and Customs. Kingdom, cannot be re-imported for home use by bill of store, and it is expedient to remove such restriction from the article of tobacco; enacts, That so much of the said act as restricts the re-importation of tobacco to the United Kingdom shall be and the same is hereby repealed: 5 & 6 Vict. c. 47. rovided always, that such tobacco so re-imported shall be subject to all United Kingdom The restrictions imposed by law upon tobacco imported into the United by bill of store. Kingdom, and liable to forfeiture if imported contrary to such restricions." (See vol. ii., p. 513, n. (e).) c. 52. s. 3, as Sect. 9, reciting, "That whereas by the said last-mentioned act it is pro- So much of the ided that every manifest for tobacco shall be a separate manifest, distinct 3 & 4 Will. IV. from any manifest for any other goods, and shall without fail contain the requires a sepaparticular weight of tobacco in each hogshead, cask, chest, or case, with rate manifest for he tare of the same, and that if such tobacco be the produce of the tobacco, repealed. aminions of the grand seignor, then the numbers of parcels or bundles ithin any such hogshead, cask, chest, or case shall be stated in such anifest, and it is expedient that so much of the said act should be reealed; enacts, "That so much of the said last-mentioned act as is hereinefore set forth shall be and the same is hereby repealed: provided ways, that the general manifest shall include tobacco in common with 1 other goods imported in British ships."" (See vol. ii., p. 496, n. (ƒ).) Sect. 10 enacts," That no drawback shall be allowed on any tobacco No drawback on hich shall not have been wholly manufactured from tobacco on which tobacco not properly manufache full duty on importation shall have been paid, nor on any tobacco tured, and penalty which shall be mixed with dirt or rubbish or any other ingredients; and on persons frauvery person who shall enter or ship, or cause to be entered or shipped, ing to obtain produce or cause to be produced to any officer of customs to be drawback. ipped, for exportation or for stores, any tobacco not entitled to drawick, with intent unduly to obtain any drawback thereon, or any greater awback than he would otherwise be entitled to, shall, over and above 1 other penalties which he may thereby incur, forfeit treble the amount the drawback sought to be obtained, or 2007. at the election of the smmissioners of customs; and all such tobacco shall be forfeited, and ay be seized by any officer of customs or excise." (See vol. ii., p. 517, n. p. 524, n. (b).) dulently attempt marks ofmanufac portation after Sect. 11, reciting, "That whereas goods of foreign manufacture have Foreign goods een imported into the United Kingdom, and into the British possessions bearing names or broad, bearing the names, brands, or marks of manufacturers resident turers in United the United Kingdom, to the great prejudice of such manufacturers: Kingdom on imad that it is expedient that regulations should be made for the preven- 5th January, 1843, on of such importations; enacts, "That from and after the 5th day of to be forfeited. anuary, 1843, any articles of foreign manufacture, and any packages of ach articles, imported into the United Kingdom or into the British Jossessions abroad, bearing any names, brands, or marks purporting to be the names, brands, or marks of manufacturers resident in the United Kingdom, shall be forfeited.'" (See vol. ii., p. 496, n. (e); p. 514, n. (c).) Sect. 12, reciting, "That whereas by the said last-mentioned act, and by Spirits may be certain subsequent acts to amend the laws relating to the customs, certain imported in stone restrictions are imposed on the importation of spirits, and it is expedient ceeding size of to relax such restrictions in certain cases of importation of spirits in stone quart bottles. bottles not exceeding the size of quart bottles; enacts, That nothing in the said recited acts shall extend or be deemed to extend to restrict the importation of spirits in stone bottles not exceeding the size of quart bottles, such spirits being really part of the cargo of the ship or vessel in which the same are imported, and included in the manifest or other papers enumerating or descriptive of the cargo of such ship or vessel."" See vol. ii., p. 513, n. (b).) bottles not ex be imported into Sect. 13, reciting, "That whereas by the said act for the regulation of the Silk manufactures customs the importation of the silk manufactures of Europe is restricted of Europe may to certain ports in the United Kingdom, and it is expedient that such Southampton. manufactures should be imported into and warehoused at the port of |