By 19 G. 2. c. 21. § 5. A seaman, instead of being committed to the house of correction for default of paying the penalty for swearing, shall be put in the stocks for one hour for every single offence, and for any number of offences of which he shall be convicted at one and the same time two hours. 19 G. 2. c. 21. Convicted of swearing. By 1 G. 1. st. 2. c. 25. § 1. 2. The treasurer, comptroller, 1 G. st. 2. c. 25. surveyor, clerk of the acts, or any of commissioners of the navy Making dismay punish seamen and others making disturbances in the yards turbance in the or offices, and may bind them to their good behaviour, and to yards. pear at the next assizes, or general quarter sessions, to be prosecuted for such offence. ap 57 G. 3. c. 127. $4. Persons falsely assuming the names or cha racters of others entitled to pay or prize-money, in order to re ceive the same, By stat. 57 G. 3. c. 127. § 4. It is enacted that in order to bring into one act the several provisions made for the prevention and punishment of the crimes of personation and forgery, for the purpose of obtaining prize money, if any person or persons shall willingly or knowingly personate or falsely assume, or cause or procure any other person to personate or falsely assume, the name or character of any commissioned officer, warrant or petty officer, or seaman, or any commissioned or non-commissioned officer of marines, or marine, or any other person entitled or supposed to be entitled to any wages, pay, prize money, bounty money, pension money, or other allowances of money for or in respect of services performed or supposed to have been performed on board of any ship or vessel of his majesty, his heirs or successors, or the wife, widow, executor or administrator, relation or creditor of any such officer, seaman, or other person as aforesaid, in order to receive any wages, pay, prize money, bounty money, pension money, or other allowances of money due or supposed to be due for or in respect of the services of any such officer, seaman, marine, or other person as aforesaid, performed or supposed to have been performed on board of any ship or vessel of his majesty, his heirs or successors: or shall falsely make, forge, counterfeit, or alter, or cause or counterfeitor procure to be falsely made, forged, counterfeited, or altered, ing letters of or willingly act or assist in the false making, forging, counterfeit attorney, &c. ing, or altering, any letter of attorney, order, bill, ticket, certificate of service, or other certificate whatsoever, assignment, last will, or other power or authority whatsoever, in order to receive or to enable any other person to receive any wages, pay, prize money, bounty money, pension money, or other allowances of money due or supposed to be due for or in respect of the services of any such officer, seaman, marine, or other person as aforesaid, performed or supposed to have been performed on board of any ship or vessel of his majesty, his heirs or successors, with intention to defraud any person or persons, body or bodies politic or corporate whatsoever; or shall utter or publish as true, or shall aid or uttering such or assist in uttering or publishing as true, any false, forged, letters of attorcounterfeited, or altered letter of attorney, order, bill, ticket, cer- ney, &c. tificate of service, or other certificate whatsoever, assignment, last will, or other power or authority whatsoever, in order to receive any wages, pay, prize money, bounty money, pension money, or other allowances of money due or supposed to be due for or in respect of the services of any such officer, seaman, marine, or other person as aforesaid, performed or supposed to have been performed on board of any ship or vessel of his majesty, his heirs or successors, with intention to defraud any person or persons, or taking a false probate of wills oath to obtain or letters of administration, in order to receive pay or prize money, shall suffer death. G. 3. e. 127. body or bodies politic or corporate whatsoever, knowing the same to be false, forged, counterfeited, or altered; or shall willingly and knowingly take a false oath to obtain the probate of any will or wills, or to obtain letters of administration, in order to receive or to enable any other person to receive any wages, pay, prize money, bounty money, pension money, or other allowances of money due or supposed to be due for or in respect of the services of any such officer, seaman, marine, or other person as aforesaid, performed or supposed to have been performed on board of any ship or vessel of his majesty, his heirs or successors; or shall demand or receive any wages, pay, prize money, bounty money, pension money, or other allowances of money due or supposed to be due for or in respect of the services of any such officer, seaman, marine, or other person as aforesaid, performed or supposed to have been performed on board any of his majesty's ships or vessels, upon or by virtue of any probate of any will or letters of administration, knowing the will on which such probate shall have been obtained to be false, forged, and counterfeited, or knowing the probate of such will, or such letters of administration as last aforesaid, to have been obtained by means of any such false oath as aforesaid, with intention to defraud any person or persons, body or bodies politic or corporate whatsoever, every such person so offending, shall be deemed guilty of felony, without benefit of clergy: R. v. Tannett, 1818. Cor. Wood B. An indictment on stat. 57 G. 3. c. 127. § 4. charged the prisoner Kent Lent Ass. with wilfully and knowingly personating and falsely assuming the name and character of Peter McCann, a person entitled to prize money for and in respect of his services performed on board of a ship of his majesty's called the Tremendous, in order to receive such prize money, with intent to defraud the commissioners and governors of the royal hospital for seamen at Greenwich, against the form of the statute, &c. A second count described Peter McCann as a person supposed to be entitled, &c. for services supposed to have been performed. Upon the evidence it appeared by the prize-list and muster-book of the Tremendous, produced by the proper officers from Greenwich Hospital, that there was a person of the name of Peter M'Carn, entitled to prize money, but no person of the name of Peter McCann. Rex v. Potts, Wood B. by whom the prisoner was tried, inclined to direct an acquittal upon this variance in the name: but he ultimately left the case to the jury, directing them to say whether the prisoner intended to personate Peter M'Carn. The jury found that he did so intend, and pronounced a verdict of guilty; upon which judgment was respited, and the point reserved for the consideration of the twelve judges; who determined that the conviction was wrong. Rex v. Potts, alias Dangreen. The prisoner was tried before alias Dangreen, Wood B. at Kent Lent Assizes, 1818, on an indictment containing the two following counts, (viz.) MS. C. C. R. 1st count. The jurors for our lord the king upon their oath present, that Martha Potts, late of Greenwich, in the county of Kent, singlewoman, otherwise called Martha, the wife of Gustoff Dangreen, on the first day of May in the 57th year of the reign of our sovereign lord George the third, by the grace of God, of the united kingdom of Great Britain and Ireland, king, defender of the faith, with force and arms at the parish aforesaid, in the county afore R. v Potts, said, feloniously, willingly, and knowingly, did procure one John alias Dangreen. Williams to personate and falsely to assume the name and character of one Thomas Jacobs, a person entitled to a certain allowance of money, for services done on board certain ships of our said lord the king, in order to receive such allowance of money, due and payable for and on account of the services of the said Thomas Jacobs as aforesaid, and that the said John Williams by the procurement of the said Martha Potts, otherwise called Martha Dangreen as aforesaid, then and there with force and arms feloniously, willingly, and knowingly, did personate and falsely assume the name and character of the said Thomas Jacobs, a person entitled to a certain allowance of money, for services done on board certain ships, of our said lord the king, in order to receive such allowance of money, due and payable for, and on account of the services of the said Thomas Jacobs as aforesaid, with intent to defraud the commissioners and governors of the royal hospital for seamen at Greenwich, in the county of Kent, against the form of 57 G. 3. c. 127. the statute, in such case made and provided, and against the § 4. peace of our said lord the king, his crown and dignity. And the jurors aforesaid, upon their oath aforesaid, do further present that the said John Williams, late of Greenwich, in the county of Kent, labourer, afterwards to wit, on the said first day of May, and in the year aforesaid, with force and arms, at Greenwich aforesaid, in the county aforesaid, feloniously, willingly, and knowingly, did personate and falsely assume, the name and character of one Thomas Jacobs, a person entitled to a certain allowance of money, for services done on board certain ships, of our said lord the king, in order to receive such allowance of money due and payable for and on account of the services, of the said Thomas Jacobs as aforesaid, with intent to defraud the commissioners and governors of the royal hospital for seamen, at Greenwich, in the county of Kent, and that the said Martha Potts otherwise called Martha Dangreen, then and there to wit, at the time of committing the felony aforesaid, with force and arms, feloniously, willingly, and knowingly, was present aiding, abetting, assisting, comforting, and maintaining, the said John Williams, to do and commit the felony aforesaid, in form aforesaid. And so the jurors aforesaid, upon their oath aforesaid, do say that the aforesaid Williams, and the said Martha Potts otherwise called Martha Dangreen, the felony aforesaid, in manner and form aforesaid, feloniously, willingly, and knowingly, did do and commit against the form of the statute, in such case made and provided, and against the peace of our said lord the king, his crown and dignity. There being no evidence of previous procurement, the jury acquitted the prisoner of the first count, and all the other counts in the said indictment, except the thirteenth, on which they found the prisoner guilty; she being present and asserting that Williams was Thomas Jacobs. The learned judge respited the judgment, to take the opinion of the judges upon that count, doubting whether it was a good one; as the act makes no provision as to aiders, abettors, assistors, comforters, and maintainers, in this part of the act, though in a subsequent part as to forging letters of attorney, &c. it provides against those who shall willingly act or assist therein, or with res 15th count. 3 G. 3. c. 16. Out-pensioners of Greenwich hospital. 2 G. 2. c. 36. Concerning seamen in the merchant ser vice, and in the coasting trade. 31 G. 3. c. 39. 2 G. 2. c. 36. Justices may ers to the house of correction. pect to uttering and publishing against those who shall aid or assist. His lordship also doubted whether the doctrine of a principal in the second degree (which seems to be the idea of this count) could apply to this case, because principals in the second degree, and principals in the first degree, may be charged jointly as doing the act; whereas it appeared difficult to allege, that a man and a woman, jointly personated one man. Williams had been convicted of personating Jacobs, at a former assizes, and the record of his conviction was produced to prove that fact, on this indictment. The judges held the conviction right. In like manner, by the 3 G. 3. c. 16. § 6. Whoever shall personate or falsely assume the name and character of an out-pensioner of Greenwich hospital, entitled or supposed to be entitled to any out-pension or allowance of money from the commissioners of the hospital, in order to receive the money due or supposed to be due on such out-pension due to him, or procure any other to do the same, shall be deemed guilty of felony without benefit of clergy. And in order to receive their pension half yearly as it shall become due, such pensioners shall, together with the printed bill delivered to them by the commissioners, produce a certificate under the hand of the minister and churchwardens where they reside, that such person is, to the best of their knowledge and belief, the person named in such bill. Concerning seamen in the merchant service, it is enacted by the 2 G. 2. c. 36. § 1. 2. that no master of a ship shall proceed on a voyage, without agreeing in writing with each mariner (apprentices excepted,) to be signed by such mariner, for wages; and by 31 G. 3. c. 39. the same is extended to seamen employed in the coasting trade, on pain of 5l. (to the use of Greenwich hospital,) for each mariner, on conviction before one justice by the oath of one witness, to be levied by distress in case of refusal to pay; for want of distress, to be committed to the common gaol of the city, county, town, or place till paid. By 37 Geo. 3. c. 73. § 11. Such agreement shall be agreeable to the purport and effect of a schedule annexed to the act. By 2 Geo. 2. c. 36. § 4. If the mariner desert or absent himself after he hath signed the agreement, on application to any justice, commit desert- from the master, owner, or commander, or other person having charge or command of the ship, such justice may cause him to be apprehended; and if he shall refuse to proceed on the voyage, without sufficient reason to the satisfaction of the justice, the said justice shall commit him to the house of correction, there to be kept to hard labour not exceeding 30 days, nor less than 14 days. 31 G. 3. c. 39. $ 3. By 31 Geo. 3. c. 39. § 3. If any mariner (in the coasting trade) after he shall have entered into such agreement, shall neglect or refuse to proceed on the intended voyage for which he shall have entered, or upon which such ship shall be destined to proceed, he shall forfeit to the owner all wages due at the time of such refusal and on complaint to any justice by the master, commander, or owner, or other person having charge or command of the ship, he shall issue his warrant to apprehend such mariner; and if he shall refuse to proceed on the voyage agreed upon, or on which the ship shall be destined to proceed, within the time contracted for, without sufficient reason, to the satisfac tion of the justice, the justice shall commit him to the house of 31 G. 3. c. 39. correction, there to be kept to hard labour for not exceeding 30 days, nor less than 14 days. By § 10. This act not to extend to vessels under 100 tons, or not going to open sea. And by 45 Geo. 3. c. 81. If, upon being so apprehended, the 45 G. 3. c. 81. seaman or mariner (in coasting trade) shall not give sufficient reason for the refusal, to the satisfaction of the justice, he shall commit him (as in 31 Geo. 3. c. 39. § 3. specified.) In order to prevent the practice of obtaining the liberation of seamen by means of improperly suing out civil or criminal process, by 44 Geo. 3. c. 13. § 1. it is enacted, that petty officers or seamen arrested by sheriffs or by other officers, and thereby taken out of his majesty's sea service, or from out of any ship appointed for receiving volunteers and impressed men, or from the custody of any officer in his majesty's sea service, shall be by such sheriff, &c. kept in custody after being entitled to be discharged from any process, and be conveyed to the commander in chief, or some commissioned officer authorised to raise seamen, or to some principal officer employed in regulating the service of raising men for the fleet, which ever shall be at or nearest the place where such petty officer, &c. shall happen to be, to serve on board his majesty's fleet. § 1. And the sheriff, gaoler, or other officer, shall be paid, by the treasurer of the navy, upon producing a certificate, for conducting such seaman at the rate of 2s. per mile. §2. The transfer of such seaman from one sheriff, &c. to another, by virtue of habeas corpus or otherwise, shall be certified upon the back of the process, by the party in whose custody they shall be, who shall state that such petty officer, &c. is liable to be kept in the service, or as the case may be. §3. If any sheriff, &c. shall neglect, or refuse to conduct or convey such seaman to any distance not exceeding 80 miles, for the space of two days; or to any distance not exceeding 20 miles, for the space of three days; and so at the rate of 40 miles a day after the time that such petty officer, &c. ought to be so conducted, but shall wilfully or negligently keep him in custody for any space of time over and above the time above specified, without so conducting him, such sheriff, &c. shall be liable to an action of trespass at the suit of such petty officer, &c. or seaman. 44 G. 3. c. 13. Seamen arrest ed by civil or criminal pro cess. Sheriff, &c, conducting such seaman, &c. such seaman, fied. Remedy against the sheriff, &c. for neglect. 4. If any sheriff, &c. shall wilfully or negligently suffer any Sheriff, &c. sufsuch seaman to escape, he shall be liable to the penalty of 100%. fering an escape. recoverable in any of the courts of record at Westminster; one moiety thereof to the king, and the other to the party suing. $5. And any action by virtue of this act must be brought Limitation of within three calendar months after the fact; and if the plaintiff action; and fail in such action, the defendant shall have treble costs. costs. Seamen deserting from mer chant ships trading to or from the West Indies. By 37 Geo. 3. c. 73. § 1. To prevent the desertion of seamen 57 G. 3, c. 73. from merchant ships, every seaman, mariner, or other person, who shall desert during the voyage, either out or home from any British merchant ship trading to or from his majesty's colonies in the West Indies, shall, over and above all punishments, penalties, and forfeitures, to which he is now subject, forfeit all the wages he may be entitled to from the master or owner of the ship on board of which he shall enter immediately after such desertion. |