against this Act

mages in Scot

rity for putting this present Act in execution within Scotland, as the Justices of the Peace and other Magistrates aforesaid respectively have by virtue of this Act within and for the other parts of this Kingdom; and that all and every person and and offenders persons who shall at any time be convicted of any the Offences in Scotland shall aforementioned, within that part of Great Britain called Scot- suffer death, &c. land, shall for every such Offence incur and suffer the pain of Death and Confiscation of Moveables; and also that all Pro- Actions for dasecations for repairing the Damages of any Church or Chapel, land how to be or any Building for Religious Worship, or any Dwelling House, proceeded in. Barn, Stable, or Outhouse, which shall be demolished or pulled down in whole or in part, within Scotland, by any persons unlawfully, riotously, or tumultuously assembled, shall and may be recovered by summar Action, at the instance of the party aggrieved, his or her Heirs or Executors, against the County, Stewartry, City, or Burrough respectively where such Disor ders shall happen, the Magistrates being summoned in the ordinary form, and the several Counties and Stewartries called by Edictal Citation at the Market Cross of the Head Burrough of such County or Stewartry respectively, and that in general, without mentioning their names and designations. s. 9. Provided, that this Act shall extend to all places for Religious To what places Worship in that part of Great Britain called Scotland which ship in Scotland are tolerated by Law, and where his Majesty King George, the this Act shall Prince and Princess of Wales, and their Issue, are prayed for

of religious wor

extend.

No Town nor Freeman shall be distrained to make Bridges not be distrained nor Banks, but such as of old time and of right have accustomed to make bridges to make them in the time of King Henry our Grandfather. such as have been 9 H. 3. c. 15.

or banks but

accustomed to make them.

New made banks

No Banks shall be defended from henceforth, but such as were in defence in the time of King Henry our Grandfather, shall not be deby the same places and the same bounds as they were wont to be in his time. 9 H. 3. c. 16.

fended.

stroying banks of

If any person or persons from and after 24th June 1723, and Maliciously deduring the continuance of 9 G. 1. c. 22. and 12 G. 1. c. 30. rivers or sea(which are made perpetual by 31 G. 2. c. 42.) shall unlawfully banks, declared to be felony and maliciously break down or cut down the Bank or Banks of without clergy. any River, or any Sea Bank, whereby any Lands shall be over

Provisions and

Powers, &c. of

of offences committed by destroying river or sea-banks.

lawfully convicted, shall be adjudged guilty of Felony and shall suffer Death as in cases of Felony, without Benefit of Clergy. 6 G. 2. c. 37. s. 5.

This Act is made perpetual by 31 G. 2. c. 42. s. 3.

The Statute 10 G. 2. c. 32. s. 4., made perpetual by 31 G. 2. 9 G. I. c. 22. c. 42. s. 6., enacts, that all the provisions made in the Act of extended to cases 9 G. 1. c. 22. for the more speedy and easy bringing the Offenders against the said Act to Justice, and the persons who shall conceal, aid, abet, or succour such Offenders, and for making satisfaction and amends to all and every the person and persons, their Executors and Administrators, for the Damages they shall have sustained or suffered by any Offender or Offenders against the said Act, and for the encouragement of persons to apprehend and secure such Offender and Offenders, and for the better and more impartial Trial of any Indictment or Information which shall be found, commenced, or prosecuted for any of the Offences committed against the said Act, together with all restrictions, limitations, and mitigations by the said Act directed, shall, during the continuance of the said Act, extend to and be of force and effect in all cases of Offences committed by unlawfully and maliciously breaking down or cutting down the Bank or Banks of any River, or any Sea Bank, whereby any Lands shall be overflowed or damaged.

Persons wilfully damaging works on navigable

rivers, shall be

and be trans

years.

The Statute 4 G. 3. c. 12. s. 5. reciting that "the Laws now in being are not sufficient for the preservation of Banks, Flood Gates, Sluices, and other Works belonging to Rivers and guilty of felony, Streams made navigable by Act of Parliament; and for the mainported for seven taining the Navigation on such Rivers and Streams," enacts, that if any person or persons shall wilfully or maliciously break, throw down, damage, or destroy any Banks, Flood Gates, Sluices, or other Works, or open or draw up any Flood Gate or Flood Gates, or do any other wilful hurt or mischief to any such Navigation, so as to obstruct, hinder, or prevent the carrying on, completing, supporting, or maintaining such Navigation, every such person or persons shall be adjudged guilty of Felony; and the Court before whom such person or persons shall be tried and convicted, shall and hereby have Power and Authority to order such person or persons to be transported for Seven Years.

Royal Family.

The Stat. 12 G. 3. c. 11. reciting that His Majesty had recommended to the Consideration of Parliament, "whether it might not be wise and expedient to supply the Defect of the Laws now in being, and by some new Provision, more effectually to guard the Descendants of His Majesty King George the Second (other than the Issue of Princesses who have married or may hereafter marry into Foreign Families) from marrying without the Approbation of his Majesty, his Heirs and Successors, first had and obtained;" and further reciting, that the Parlia ment "being sensible that Marriages in the Royal Family are of the highest Importance to the State, and that therefore the Kings of this Realm have ever been entrusted with the Care and Approbation thereof;" enacts, that no Descendant of the Body Descendants of of his late Majesty King George the Second, Male or Female (other than the Issue of Princesses who have married or may hereafter marry into foreign Families) shall be capable of con- Council; tracting Matrimony without the previous Consent of his Majesty, his Heirs or Successors, signified under the Great Seal and declared in Council (which Consent to preserve the memory thereof, is hereby directed to be set out in the Licence and Register of Marriage, and to be entered in the Books of the Privy Council); and that every Marriage or Matrimonial Con- such marriages tract of any such Descendant, without such Consent first had shall be void. and obtained, shall be null and void to all Intents and Purposes whatsoever.

George 2. shall

not marry without the consent of the King in

otherwise had

King's dissent,

Provided always, that in case any such Descendant of the In case of the Body of his late Majesty George the Second, being above the Age the party may of twenty-five Years, shall persist in his or her Resolution to con- give notice to the Privy tract a Marriage disapproved of or dissented from by the King, Council. his Heirs or Successors, that then such Descendant, upon giving Notice to the King's Privy Council, which Notice is hereby directed to be entered in the Books thereof, may at any time from the Expiration of Twelve Calendar Months after such Nctice given to the Privy Council as aforesaid, contract such Marriage, and his or her Marriage with the Person before proposed and rejected may be duly solemnized without the previous Consent of his Majesty, his Heirs or Successors, and such Marriage shall be good as if this Act had never been made, unless both Houses of Parliament shall, before the Expiration of the said Twelve Months, expressly declare their Disapprobation of such intended Marriage. s. 2.

Persons assisting such prohibited marriages incur

a premunire.

Offenders breaking down, &c.

the head of any river or sea

clergy.

By s. 3. every Person who shall knowingly or wilfully presume to solemnize, or to assist or to be present at the Celebration of any Marriage with any such Descendant, or at his or her making any Matrimonial Contract, without such Consent as aforesaid first had and obtained, except in the Case above mentioned, shall, being duly convicted thereof, incur and suffer the Pains and Penalties ordained and provided by the Statute of Provision and Premunire [16 R. 2.]

Sea Banks.

If any person or persons from and after the 24th June 1723, and during the continuance of the Statutes 9 G. 1. c. 22. and 12 G. 1. c. 30. (which are made perpetual by 31 G. 2. c. 42.), bank, ousted of shall unlawfully and maliciously break down or cut down the Bank or Banks of any River or any Sea Bank, whereby any Lands shall be overflowed or damaged, every person so offending, being thereof lawfully convicted, shall be adjudged guilty of Felony, and shall suffer Death as in case of Felony without Benefit of Clergy. 6 G. 2. c. 37. s. 5.

This Act is made perpetual by 31 G. 2. c. 42. s. 3.

By the Statute 10 G. 2. c. 32. s. 4. (1) certain of the Provisions of the Statute 9 G. 1. c. 22. are extended to all cases of Offences committed by unlawfully and maliciously breaking down or cutting down any Sea Bank, whereby any Lands shall be overflowed or damaged.

By s. 5. of the same Statute 10 G. 2. c. 32. a summary Jurisdiction is given to one Magistrate to punish persons destroying or taking away Piles, Chalk, or other Materials from Sea Banks or Walls, by imposing a Penalty of Twenty Pounds on such Offender. (2)

Seamen.

1. Regulations for preventing Frauds, Felonies, and Abuses relative to the Payment of Wages, and Prize or Bounty Money of Officers, Non-commissioned Officers, Seamen, and Marines.

§2. The Offence of leaving Seamen abroad, or refusing to bring them Home.

(1) Which see at length under title RIVERS.

(2) See East, P. C. 1086, 1087.

The Statute 35 G. 3. c. 28. to enable Petty Officers in the Navy and Seamen, Non-commissioned Officers of Marines and Marines serving in his Majesty's Navy, to allot part of their Pay for the Maintenance of their Wives and Families; enacts (by s. 30.), that if any person or persons after 1 May 1795, shall falsely make, forge, or counterfeit, or cause or procure to be falsely made, forged, or counterfeited, or willingly act and assist in the false making, forging, or counterfeiting any such Declaration or Order for Payment, or any Certificate or Receipt herein-before described or mentioned, or shall utter or publish as true any such false and forged Declaration, Order, Certificate, or Receipt, to enable any person or persons to obtain Payment of any Wages or Pay, or any Part thereof, allotted as before mentioned by any Petty Officer, Seaman, Landman, Non-commissioned Officer of Marines, or Marine, to be paid to or for his Wife and Children or Mother, in manner herein-before mentioned, then every such person or persons being thereof convicted, shall be adjudged guilty of Felony, and shall suffer Death as a Felon without Benefit of Clergy.

§ 1. Persons forging or causing, &c. or assisting in forging orders,

certificates, or receipts herein

mentioned, ousted of clergy.

The Statute 35 G. 3. c. 94. establishing a more easy and Persons forging expeditious method for the punctual and frequent Payment of any order, bill,

&c. herein men

clergy.

the Wages and Pay of certain Officers belonging to his Majesty's tioned, or uttering same know. Navy, enacts (by s. 34.) that if any person shall falsely make, ingly, ousted of forge, or counterfeit, or cause or procure to be falsely made, forged, or counterfeited, or willingly act and assist in the false making, forging or counterfeiting, any Order, Bill, Extract, or Certificate herein-before described or mentioned, or shall utter and publish as true any false, forged, or counterfeited Order, Bill, Extract, or Certificate herein-before described or mentioned, knowing the same to be false, forged, or counterfeited for the purpose of defrauding the Public, or any Commissioned Officer, Master, or Surgeon of the Navy, Widow, or other person herein-before mentioned, of any Wages or Pay, Half Pay, Pension, or Bounty payable to them or any of them respectively, every such person being lawfully convicted thereof according to due course of Law, shall be adjudged guilty of Felony, and shall suffer Death as a Felon without Benefit of Clergy.

The Statute 54 G. 3. c. 93. intituled "An Act for regulating the Payment of Navy Prize Money," by s. 89. recites s. 24. of 31 G. 2. c. 10. and s. 6. of 9 G. 3. c. 30. (both of which sections are repealed by the Statute 55 G. 3. c. 60. which see post); and that Doubts have