on board any

to the 18th

goods, &c. or

£500.

December 1749, if any Captain, Commander, or other Officer Officers receiving of any of his Majesty's Ships or Vessels, shall receive on board, goods contrary or permit or suffer to be received on board such Ship or Vessel, article of this act, any Goods or Merchandizes contrary to the true intent and mean- shall, besides the punishment by ing of the Eighteenth Article in this Act before-mentioned and this act, forfeit hereby enacted, every such Captain, Commander, or other Offi- the value of the cer, shall for every such Offence, over and above any Punishment inflicted by this Act, forfeit and pay the Value of all and every such Goods and Merchandizes so received or permitted or suffered to be received on board as aforesaid, or the Sum of Five hundred Pounds of lawful Money of Great Britain, at the election of the Informer or person who shall sue for the same, so that no more than One of these Penalties or Forfeitures shall be sued for and recovered by virtue of this and the said in part recited Act, or either of them, against the same person for one and the same Offence; one Moiety of which Penalties or For- Recovery and feitures shall be forfeited and paid to the person who shall inform the penalty. application of or sue for the same, and the other Moiety thereof to and for the use of the Royal Hospital at Greenwich; which Forfeiture shall be sued for and recovered by Action of Debt, Bill, Plaint, or Information, in any of his Majesty's Courts of Record at Westminster, or in the High Court of Admiralty, at the election of the Informer or person who shall sue for the same, and the Court shall award such Costs to the parties as shall be just; and in all The judgement cases where Judgment or Sentence shall be given against any to the lords of such Offender, the Court where such Judgment or Sentence the admiralty. shall be given shall, with all convenient speed, certify the same to the Lord High Admiral, or to the Commissioners for executing the said Office. 22 G. 2. c. 33. s. 24.

shall be certified

Provided always, that nothing in this Act coutained shall Limitation of the powers of extend or be construed to extend to take away from the Lord this act. High Admiral of Great Britain, or the Commissioners for executing the Office of Lord High Admiral of Great Britain, or any Vice Admiral, or any Judge or Judges of the Admiralty, or his or their Deputy or Deputies, or any other Officers or Ministers of the Admiralty, or any others having or claiming any Admiral Power, Jurisdiction, or Authority within this Realm, or any other the King's Dominions, or from any Person or Court whatsoever, any Power, Right, Jurisdiction, Pre-eminence, or Authority, which he or they or any of them lawfully hath, have or had, or ought to have and enjoy, before the making of this Act, so as the same person shall not be punished Twice for the

The Statute 29 G. 2. c. 27. intituled "An Act for extending the [foregoing] Act to such Officers, Seamen, and others, as shall serve on board his Majesty's Ships or Vessels employed upon the Lakes, Great Waters, or Rivers in North America," recites that "divers of his Majesty's Ships or Vessels are at present and may hereafter be occasionally employed in and upon certain Lakes, Great Waters, or Rivers in North America, not within the Body of any County actually settled by the King's subjects, and under the regular Government of his Laws and Courts, although the same may be within his Majesty's Dominions;" and then "in order to obviate any doubts which may arise touching the good Regulation and Government of all such Officers, Seamen, and others, as do or for the time being shall serve on board any of his Majesty's said Ships or Vessels so employed as The stat. 22 G. 2. aforesaid," enacts, that a certain Act of Parliament (22 G. 2. c. 33.), and all and every the Articles, Orders, Powers, Authorities, Clauses, Matters, and Things therein mentioned and contained, shall be, and shall be deemed and taken to be in full force; and shall be observed, used, exercised, performed, and executed for the Trial and Punishment of all and every or any such Offences or Offence specified or mentioned in the same Act of Parliament, which have been or shall be committed by any Officers, Seamen, or other Persons respectively, who do or for the time being shall serve on board of any of his Majesty's said Ships or Vessels employed in or upon such Lakes, Great Waters, or Rivers in North America, as fully and effectually to all intents and purposes as if the same Offences or Offence had been committed upon the main Sea, or in Great Rivers, beneath the first Bridges of the said Rivers nigh to the Sea, or in any Haven, River, or Creek within the Jurisdiction of the Admiralty of Great Britain.

c.33.extended to officers and seamen serving in His Majesty's vessels employed in the lakes, &c.

in North America.

1. ii. As to Naval Courts-Martial.

The Statute 37 G. 3. c. 140. "to enable his Majesty more easily and effectually to grant conditional Pardons to persons under Sentence by Naval Courts-martial, and to regulate Imprisonment under such Sentences," recites that it is expedient to provide more effectually for the performance of the Conditions upon which his Majesty may be graciously pleased to grant conditional Pardons to Offenders liable to the punishment of If His Majesty Death by Sentence of Naval Courts-martial; and enacts, that if his Majesty shall be graciously pleased to extend his mercy to any

shall extend his

mercy to persons

the sentence of

a naval courtmartial, a Justice Bench, &c. may,

of the King's

from the Secre

tary of State,

allow the benefit

of such conditional pardon as if it had passed under the Great Seal, and shall accordingly.

make orders

Offender liable to the punishment of Death by the Sentence of liable to death by a Naval Court-martial, upon condition of Transportation, or of transporting himself beyond Seas, or upon condition of being imprisoned within any Gaol in Great Britain, or on condition of being kept to Hard Labour in any Gaol or House of Correc- on notification tion, or Penitentiary House, or on any River, under the direction of any Superintendant or Superintendants legally appointed for the charge of Offenders sentenced to Hard Labour on such River, it shall and may be lawful for any Justice of the King's Bench, Common Pleas, or Baron of the Exchequer. of the degree of the coif, upon such intention of mercy as aforesaid being notified in writing by one of his Majesty's Principal Secretaries of State, to allow to such Offender the benefit of such conditional Pardon as shall be expressed in such notification, in the same manner as if a conditional Pardon had passed for that purpose under the Great Seal; and thereupon, whenever any such Pardon shall be granted to any such Offender upon condition of Transportation, or of transporting himself, such Justice or Baron shall make an order for the Transportation of such Offender upon the terms and for the time which shall be specified in such notification, and shall also make such other order or orders, and do all such other acts consequent upon the same, as any such Justice or Baron is authorized to make or do by an Act passed in the Twenty-fourth Year of his Majesty's Reign, intituled “An Act for the effectual Transportation of Felons and other Offenders, and to authorize the Removal of Prisoners in certain Cases, and for other Purposes therein mentioned," with respect to Offenders in such Act mentioned, tried at any Court of Oyer and Terminer or Gaol Delivery in England, as in the said Act mentioned; and such order and orders so to be made as aforesaid, and all such Acts as shall be so done as aforesaid, shall be obeyed and done by such person in whose custody such Offender shall at that time be, and all other persons whom it may concerr, and shall be as effectual, and have all the same consequences, as any order made under the authority of the said Act with respect to any Offender in the said Act mentioned; and whenever any such Pardon shall be so granted as aforesaid to any Offender liable to the punishment of Death by the Sentence of a Naval Court-martial as aforesaid, upon condition of being imprisoned within any Gaol in Great Britain, or on condition of being kept to Hard Labour in any House of Correction, or Penitentiary House, or on condition of being kept to Hard Labour, during any specified Term, on any River,

to be filed with

Court of King's

Bench.

under the direction and management of any Superintendant or Superintendants legally appointed as aforesaid, and such Pardon shall have been allowed in manner aforesaid by any such Justice or Baron as aforesaid, such Justice or Baron shall order such Offender to be imprisoned or kept to Hard Labour in the manner and for the time which shall be specified in the notification of such conditional Pardon from such Secretary of State as aforesaid, and shall make such order or orders, and do all such other acts consequent thereupon, as any Justice of Oyer and Terminer or Gaol Delivery is authorized to make or do by an Act passed in the Nineteenth Year of his Majesty's Reign, intituled "An Act to explain and amend the Laws relating to Transportation, Imprisonment, and other punishment of certain Offenders," with respect to Offenders mentioned in the said Act, and to whom conditional Pardons may be granted, as in the said Act mentioned; and such order or orders when made, and all such other Act and Acts when done, by any such Justice or Baron as aforesaid, shall be as effectual, and have all the same consequences, as any order made for the like purpose under the authority of the last-mentioned Act, with respect to any Offender in such Act mentioned; and every Sheriff, Gaoler, Keeper, Governor, or Superintendant, whom it may concern, and all Constables and other persons, shall be bound to obey the aforesaid order and orders, be assistant in the execution thereof, and be liable to the same punishment for disobedience or interrupting the execution of the same, as they would be if the same had been made under the authority of the aforesaid Acts respectively; and every person to whom such conditional Pardon shall be extended, shall be subject respectively to all and every the provision and provisions made by Law and now in force concerning persons convicted of any Crime and receiving his Majesty's Pardon on any such Condition as aforesaid. s. 1.

The Judge allowWhen any Offender liable to the Punishment of Death by ing the pardon, to direct the noti- the Sentence of any Naval Court-martial as aforesaid, shall refication and order ceive and be allowed his Majesty's Pardon in Manner aforesaid, the Clerk of the the Justice or Baron who shall allow such Pardon, and make Crown of the any such Order as aforesaid under any such Notification of his Majesty's Intention as aforesaid, shall direct the said Notification, and his own Order made thereupon, to be filed in the Office of the Clerk of the Crown of his Majesty's Court of King's Bench, and to be there kept of Record; and the said Clerk of the Crown shall receive a Fee of Two Shillings and Sixpence, and no more, for filing the same. s. 2.

fender is ordered

to be imprisoned,

or kept to hard labour, the Clerk of the Crown to deliver to the

person in whose

custody he shall be, a certificate of his name,

offence, &c. and

such person shall deliver him and the certificate to

the gaoler, &c.

Whenever any Offender shall be ordered, by virtue of this When an of Act, to be imprisoned or to be kept to Hard Labour in any such Manner as aforesaid, the Clerk of the Crown shall deliver, or cause to be delivered, to the Person in whose Custody such Offender shall at that Time be, a Certificate in Writing under his Hand, (not taking for the same more than Two Shillings and Sixpence over and above what he has received for filing the said Notification and Order), containing an Account of the Christian Name and Surname of such Offender, of his Offence, of the Place where the Court was held, before whom he was convicted, and of the Time for which, the Place where, and the Manner in which, he shall be ordered to be imprisoned, or to be kept to Hard Labour, in any such Manner as aforesaid; and the Person having the Custody of such Offender shall, with all convenient Speed after receiving such Certificate as aforesaid, convey such Offender, or cause him to be conveyed, to the House, Prison, or Place to which he shall so be directed to be conveyed, and shall deliver, or cause to be delivered, such Offender, together with such Certificate, to the Gaoler, Keeper, Governor, or Superintendant, as the case may be, or to such Person as such Gaoler, Keeper, Governor, or Superintendant shall appoint; and the person to whom such Offender shall be so delivered shall give a proper Receipt, in Writing under his Hand, to the person so delivering such Offender, for the Discharge of such Person, and such Certificate shall be kept by the Person to whom such Offender shall be so delivered, as his Warrant and Authority for keeping such Offender in his Custody for such Term and in such Manner as shall be therein specified. 37 G. 3. c. 140. s. 3.

cation, to deliver

fence, place of

which shall be

The said Clerk of the Crown of his Majesty's Court of King's The Clerk of the Bench shall, upon the Application of any such Offender who Crown, on applishall accept his Majesty's Pardon, or of any other Person apply- a certificate of ing on his Behalf, or on the Application of any Person on Behalf the name, ofof his Majesty, to deliver a Certificate in Writing under his conviction, and Hand, (not taking for the same more than Two Shillings and terms of pardon, Sixpence), containing an Account of the Christian Name and proof. Surname of such Offender, of his Offence, of the Place where the Court was held, before whom he was convicted, and of the Terms and Conditions on which his Majesty's Pardon was extended to him, which Certificate shall be sufficient Proof of the Conviction and Sentence of such Offender, and also of the Terms on which such Pardon was granted to him, in any Court and in any Proceeding wherein it may be necessary to enquire into the

same. s. 4.