24 Geo. S.

$12.

Proceedings

in case of

persons

charged with offences.

Certificates

and return.

Surrender.

Rule 58. If any person be charged with being guilty of any of ress. 2. c. 47. the offences aforesaid, made felony by this act, before any one or more of His Majesty's justices of the peace, or before one of His Majesty's justices of the court of King's bench, if the offence be committed in England or Wales, or within the limits of any of the ports thereof, or within four leagues (a) of the coast thereof, or before any one of the lords of justiciary, or the judge of the high court of admiralty, or any judge ordinary, or judge admiral, deputy or substitute in Scotland, if the offence be committed within Scotland, or within the limits of any port of Scotland, or within four leagues of the coast thereof, by information of one or more credible person or persons, upon oath, by him or them to be subscribed; such justice, &c. respectively, before whom such information shall be made as aforesaid, shall forthwith certify, under his hand and seal, and return such information to one of the principal secretaries of state of His Majesty, who is hereby required to lay the same, as soon as conveniently may be, before His Majesty, in his privy council; whereupon it shall be lawful for His Majesty to make his order in his said privy council, thereby requiring and commanding such offender to surrender himself within 40 days after the first publication thereof in the London Gazette, to the lord chief justice, or any other of His Majesty's justices of the court of King's bench, or to any one of His Majesty's justices of the peace, if the offence be committed within England or Wales, or within the limits of any of the ports thereof, or within four leagues (a) of the coast thereof; or to any of the lords of justiciary, or judge of the high court of admiralty, or judge ordinary, or judge admiral, deputy or substitute, in Scotland, if the offence be committed within Scotland, or within the limits of any port of Scotland, or within four leagues (a) of the coast thereof; who is hereby required, upon such offender surrenCommittal. dering himself, to commit him, without bail or mainprize, to the county gaol, or to the gaol or prison of the place where he shall so surrender, to the end that he may be forthcoming to answer the offence wherewith he shall stand charged, according to due course of law; which order the clerks of His Majesty's privy council shall cause to be forthconneil to be with printed and published in two successive London Gazettes, and to be forthwith transmitted to the sheriff of the county where the offence shall be committed, if the same shall be committed in any county; and if the offence shall not be committed within any county, but within the limits of any port as aforesaid, or within four leagues (a) of the coast of any part of Great Britain, to be transmitted to the sheriff of any county near to the place where such offence shall be committed; which respective sheriff shall, within fourteen days after the receipt thereof, cause the same to be proclaimed, within the hours of 10 in the morning and two in the afternoon, in the market places, upon the respective market days of two market towns in the same county in which, or near to the place where, such offence shall have been committed; and a true copy of such order shall be affixed upon some public place in such market towns: and in case such offender shall not surrender himself pursuant to such order of His Majesty, to be made in council as aforesaid, he so neglecting or refusing to surrender himself as aforesaid, or escaping after such surrender, shall,

Order in

published and to be pro

claimed.

Offenders

not surren

dering.

(a) Extended to 100 leagues. See Rules 69 and 84 of this title.

cution.

from the day appointed for his surrender, be adjudged, to be con- 24 Geo. 3. victed and attainted of felony, and shall suffer the pains of death (a) as sess. 2. c. 47. in cases of a person convicted and attainted by verdict and judgment of felony, without benefit of clergy, if the offence be charged to have been committed within England or Wales, or within the limits of any of the ports thereof, or within four leagues (3) of the coast thereof; and shall be adjudged, to be convicted of a capital crime, and shall suffer the pains of death, and confiscation of moveables, as in case of Death. a person found guilty of a capital crime, and under sentence for the same, if the offence be charged to have been committed within Scotland, or within the limits of any of the ports thereof, or within four leagues () of the coast thereof; and it shall be lawful for the court Award of exeof king's bench, or the justices of oyer and terminer, or general gaol-delivery, or great sessions for the county or place where such person shall be, to award execution against such offender, in such manner as if he had been convicted and attainted in the said court of king's bench, or before such justices of oyer and terminer, or general gaol-delivery, or great sessions respectively, if the offence be charged to have been committed within England or Wales, or within the limits of any of the ports thereof, or within four leagues (6) of the coast thereof; and it shall be lawful for the court of justiciary, or the lords of justiciary in their circuits, or the judge of the high court of admiralty, to award execution against such offender, in such manner as if he had been found guilty and condemned in the said court of justiciary, or in the circuit courts respectively, if the offence shall be charged to have been committed within Scotland, or within the limits of any of the ports thereof, or within four leagues (b) of the coast thereof.

offenders,

13.

Rule 59. Every person who shall, after the time appointed as afore- Harbouring said for the surrender of any person so charged upon oath with any of the offences aforesaid, shall be expired, harbour, receive, conceal, aid, abet, or succour such person, knowing him to have been so charged as aforesaid, and to have been required to surrender by such order, and not to have surrendered pursuant to such order, being prosecuted for the same within one year after the offence committed, and Limitation of lawfully convicted thereof, shall be guilty of felony, and shall be trans- prosecution, ported as a felon for seven years, in the same manner as felons are or Transporta shall be appointed to be transported by virtue of any act already made, or hereafter to be made, touching the transportation of felons; and if any such offender shall be found at large within Great Britain Offender rebefore the expiration of the said term, without lawful cause, he shall turning. suffer death as a felon, and have execution awarded against him, as persons attainted of felony, without benefit of clergy. (a)

appre

tion.

course of law, § 14.

Rule 60. Nothing herein contained shall be construed to prevent Ordinary or hinder any judge, or minister of justice whatsoever, from hending such offender by the ordinary course of law; and in case such offender shall be taken and secured, in order to be brought to justice before the time shall be expired within which he shall be required to surrender himself by such order in council; then no further proceeding shall be had upon such order against him, but he shall be brought to trial by due course of law.

(a) See TITLE 25.

(5) Extended to 100 leagues. See Rules 69 and 84 of this title.

24 Geo. 3.

Rule 61. In all cases where any officer or seaman, employed in sess. 2. c. 47. the service of the customs and excise, shall be killed, maimed, or § 21. wounded, in the due execution of his office as aforesaid, it shall be wounded offi- lawful for the commissioners of customs and excise respectively, to make cers, and for such provision for the officers and seamen so maimed and wounded, or for the widows and families of such as shall be killed, as they shall be authorized to do, by warrant from the commissioners of the treasury.

Provision for

families.

Officers'

Rule 62. It shall be lawful for the commissioners of customs in reward, 22. England and Scotland respectively, to reward every such officer of His Majesty's navy, customs or excise, or peace-officer, who shall arrest any offender against this act, with such sums of money, as to the said commissioners respectively shall appear fitting and reasonable.

Suspected vessels not

bringing to,

§ 23.

Rule 63. In case any vessel liable to seizure or examination by this or any other act of parliament in force, shall not bring to, (a) on when chased, being required so to do, or being chased by any cutter or other vessel in the service of His Majesty's navy, having the proper pendant and ensign of His Majesty's ships hoisted, or in the service of His Majesty's revenue of customs or excise, such cutter or other revenue vessel having a pendant and ensign hoisted with such marks thereon as are now used and worn by vessels in the service of the revenues of customs and excise, in a blue field; it shall be lawful for the captain or master of such cutter or other vessel, in the service of His Officers shoot- Majesty's navy, customs, or excise, to shoot at or into such vessel ing at vessels. which shall not bring to, after such colours shall be so hoisted, and a

or wounded.

gun shall have been fired by such cutter or vessel as a signal; and such captain or other officer, and every person acting in his aid, or by his direction, is hereby indemnified from any penalties or actions for damages for so doing; and in case any person shall be wounded, Persons killed maimed, or killed, by or by means of such firing, and the said officer or other person acting in his aid, or by his direction, shall be molested or prosecuted, or shall be brought before any of His Majesty's justices, or persons having competent authority, on account of such wounding, maiming, or killing; every such justice or person is hereby authorized and required, to admit every such officer and person so brought before him to bail. (b)

Bail.

Not to hoist pendant, 24.

Limitation of

Rule 64. If any British vessel, not being in the service of His Majesty's navy, or His Majesty's revenue of customs or excise, shall carry or hoist any such pendant or ensign as is hereinbefore mentioned, the master of every such vessel shall forfeit 500/.

Rule 65. If any action be brought against any person for any actions, 39. thing done in pursuance of this act, such action shall be commenced within three months after the thing done.

(a) By 47 Geo. 3. sess. 2. c. 66. § 32. all the powers, provisions, and indemnities, contained in the above act, relating to the chasing, bringing to, and shooting at or into any vessel liable to seizure and examination under any law relating to the revenue, shall extend to authorize any captain, master, or other person, having at the time the charge or command of any cutter or vessel in the service of His Majesty, or of the customs or excise, to chase, bring to, and shoot at or into all vessels and boats made liable to seizure or examination under any act of parliament now in force, or which may hereafter be passed in relation to the revenue of customs or excise, or for the prevention of smuggling, or this act. And all such vessels and boats as are by this or any other act made liable to seizure or examination, may be brought to for the purpose of examination: but see Rule 103 of this title.

(b) As to persons shooting at or upon government vessels or officers, see Rule 75 of this title.

officers may

Rule 66. It shall be lawful for the commanders of any of His Majesty's 26 Geo. 3. vessels of war, or any commissioned, warrant, or petty officer, specially autho- c. 40. § 27. rized by them, to seize, (a) without having any deputation or commission from How naval the commissioners of customs or excise for that purpose, any goods whatever, seize. or any vessels whatever, which shall be subject to forfeiture by this act, or by any other act of parliament now in force for any offence against the revenue of customs or excise. Provided the commander of such vessel of war shall bring, or cause to be brought, every such seizure to His Majesty's warehouses at the nearest custom-house to which such seizure can conveniently be brought, and shall there lodge the same, in the custody, and under the charge and care of the proper officer of customs, in case the seizure shall be made under any act for securing the revenue of customs, or in the custody, and under the charge and care of the proper officer of excise, in case it be made under any act for securing the revenue of excise only; and shall, in all respects, in regard to the prosecution or delivery of any such seizure, conform to all the regulations, to which the officers of customs and excise are now, in case of such seizures made by them, respectively subject. (b)

may be ap

Rule 67. Whenever any person shall be charged with assaulting or ob- 26 Geo. 3. structing any officer of customis or excise in the due execution of his office, or c. 77. § 18. any person acting in his aid, or with rescuing or attempting to rescue, by force How persons any uncustomed or prohibited goods, after seizure thereof by such officer, or prehended with any offence against any law respecting quarantine, and the same shall be for assaulting made appear to any judge of His Majesty's court of king's bench, by affidavit, officers, or or by certificate of an indictment or information being filed against such person attempting to in the said court for such offence, it shall be lawful for such judge to issue his rescue goods. warrant in writing, under his hand and seal, and thereby to cause such person to be apprehended and brought before him, or some other judge of the said court, or before some one of His Majesty's justices of the peace, in order to his being bound to the King's Majesty with two sufficient sureties in such sum as in the said warrant shall be expressed, with condition to appear in the said court at the time mentioned in such warrant, and to answer to all indictinents or informations of any the offences aforesaid; and in case such person shall neglect or refuse to become bound as aforesaid, it shall be lawful for such Refusing to judge, or justice of the peace, to commit such person to the common gaol of become the county, city, or place where the offence shall have been committed, or where he shall have been apprehended, until he shall have become bound as aforesaid, or shall be discharged by order of the said court of king's bench, in term time, or by one of the judges of the said court, in vacation; and the recognizances to be taken thereupon shall be returned and filed in the said court, and shall continue in force until such person shall have been acquitted of such offence, or in case of conviction, shall have received judgment for the same, unless sooner ordered by the said court to be discharged.

bound.

Rule 68. If any officer of His Majesty's navy, or in the service of customs 34 Geo. 8. or excise, being on shore, or going on board, or being on board, or returning c. 50. § 5. from on board, any boat or vessel, within the limits of any of the ports of this Obstructing

officers.

(a) As to officers of army, navy, &c. see Rules 76, 83, 99, and 100, of this title. (b) By 41 Geo. 3. c. 91. § 6. any such seizure of any goods in respect whereof any duty of excise is by law imposed, or of any vessel which shall be subject to forfeiture for any such goods, shall be lodged in some or one of His Majesty's warehouses of excise in Great Britain, in the custody and under the charge and care of the proper officer of excise, if the commander or officer making such seizure shall deem it expedient so to do, instead of bringing such seizure to His Majesty's warehouse at the custom house, according to the directions of the above act; and every such seizure so lodged in any such excise warehouse shall be prosecuted by and under the directions of the commissioners of excise, in like manner as seizures made by officers of excise are or may be prosecuted by any law relating to the revenue of excise.

34 Geo. 3. c. 50.

be carried

kingdom, or within four leagues (a) from the coasts thereof, be hindered, opposed, obstructed, or assaulted, in the due execution of his office or duty, by any person whatsoever, either in the daytime or night, or if any person acting in the aid of such officer shall be so hindered, &c. every person so hindering, &c. the said officer in the due execution of his duty, or so hindering, &c. any other person acting in the aid of such officer, and also every person, aiding any Offender may such person in the commission of any such offence, shall be carried before one or more of His Majesty's justices of the peace residing near to the place where such offence shall be committed: and such justice shall, if he see cause, commit such person to the next county gaol, there to remain until the court of oyer and terminer, great session or gaol delivery, or until such person be delivered by due course of law; and, in case an indictment shall be found against him, he shall plead thereto, without having time to traverse the same, as is usual in cases of misdemeanors; and being duly convicted thereof, shall, by order of the said court, before whom such offender shall be convicted, be sentenced to hard labour on the river Thames, or other navigable river in England, for any term not exceeding three years; or such court may order such offender to be committed to the common gaol, or house of correction, for any term not exceeding three years. (b)

before a jus

tice.

Punishment.

Rule 69. If any vessel or boat coming from foreign parts, and belonging wholly or in part to His Majesty's subjects, or whereof one half (c) of the persons on board shall be subjects of His Majesty (except any ship or other square-rigged vessel) be found in any part of the British or Irish channels, or elsewhere on the high seas, within one hundred leagues of any part of the coasts of Great Britain or Ireland, or be discovered to have been within the said

(a) See Rules 74 and 75 of this title, and also the cause of "The King against Brady, Kierman, and Rooke,” at the end of this title.

(b) See Rules 69-104 of this title.

(c) By 59 Geo. 3. c. 121. § 1. if any foreign smuggling vessel or boat, in which there shall be one or more subjects of His Majesty, whether mariners or persons pretending to be passengers, shall be found or discovered to have been within four leagues of that part of the coast of Great Britain which is between the North Foreland on the coast of Kent, and Beachy Head on the coast of Sussex, or within eight leagues of any other part of the coast of Great Britain or Ireland, having on board any foreign spirits, in any package of less size or content than sixty gallons (except only for the use of the seamen, not exceeding two gallons for each seaman); or any tea exceeding 6lb. in the whole; or any tobacco or snuff, in any package whatever containing less than 450lb. * except loose tobacco for the use of the seamen on board such vessel or boat, not exceeding 5lb. of tobacco for each seaman, and except such tea or manufactured tobacco or snuff as shall have been duly shipped for exportation as merchandize on board such vessel or boat from some place in Ireland; such vessel or boat, together with all the goods laden therein, shall be forfeited, and shall and may be seized, prosecuted, and dealt with as by the laws now in force for the prevention of smuggling; and every such subject of His Majesty, who shall be found on board ench vessel or boat, shall be liable to all the pains and penalties, and shall and may be detained, prosecuted, convicted, or delivered over to His Majesty's navy, in like manner as persons being subjects of His Majesty, and found on board vessels or boats liable to forfeiture, belonging wholly or in part to His Majesty's subjects, or whereof one half of the persons on board are subjects of His Majesty, may, by any law or laws now in force, be detained, prosecuted, convicted, or delivered over to His Majesty's navy and the officers detaining such person shall be allowed the like reward, and share of any penalty that may be recovered from any such person, as is now by law allowed and paid for the detention of persons in similar cases.

By 2. such distance of eight leagues in this act mentioned shall be measured in any direction between the southward and east ward of Beachy Head, and the provisions of this act shall extend to such limits and distance of eight leagues in every direction from Beachy Head, although any part of such limits so extended may exceed the distance of four leagues before mentioned from any part of the coast of Great Britain to the eastward of Beachy Head.

*As to tobacco, see TITLE 186.