s. 1. G. B.

3. 11.

exportation, or

P. 672. 1. 22. The 52 Geo. 3. c. 143. G. B. recites, that No offence against revenue it is expedient that the provisions contained in any laws laws to be deem now in force for collecting the revenue in Great Britain, ed a felony without benefit whereby the penalty of death is imposed for any act done of clergy, unless in breach of said laws, should be amended and reduced in- this act. so declared by to one act; and therefore enacts, that in all cases where 52 Geo.3.c.143. any act to be done or committed after the passing of this act, (23 July, 1812) in breach of or in resistance to any part of the laws for collecting his majesty's revenue in Great Britain, would, by the laws now in force, subject the offender to suffer death, as guilty of felony without benefit of clergy, such act shall be deemed to be felony, with benefit of clergy, and punishable only as such, unless the same shall also be declared to be felony without benefit of clergy by this act. By s. 11. if any persons, to the number of 3 or more, armed with fire arms or other offen- Any persons to the number of 3 sive weapons, shall, within Great Britain, or within the assisting with limits of any port, harbour or creek thereof, or within the arms in illegal Isle of Man, or within the limits of any port, &c. thereof, landing or relanding of wool be assembled in order to be aiding and assisting in the ilor other goods, legal exportation of wool or other goods prohibited to be or in rescuing exported; or in the carrying of wool or other such goods, in order to such exportation; or in the illegal running, shooting at landing, or carrying away prohibited or uncustomed king's ship, &c. or at any offigoods, or goods liable to pay any duties which shall not cer, &c. acting have been paid or secured; or in the illegal relanding of in execution of any goods which shall have been shipped or exported upon guilty of a capidebenture or certificate, or from any warehouse wherein al felony. such wool, &c. shall have been deposited under any act of parliament for the securing the home consumption duties thereon; or in rescuing or taking away any such wool, &c. after seizure, from any officer of the customs or excise, or other officer authorized to seize the same, or other person employed by him, or assisting him, or from the place where the same shall have been lodged by him or in rescuing any person who shall have been apprehended for any of the offences made felony by any act relating to the revenue of customs or excise of Great Britain, or in preventing the apprehending any person who shall have been guilty of any such offence; or in case any persons,

VOL. II.

SE

to

goods or offender or any person maliciously

revenue laws,

to the number of 3 or more, so armed as aforesaid, shall, within Great Britain, or the Isle of Man, or within the limits of any port, &c. thereof, respectively, be so aiding or assisting; or if any person shall maliciously shoot at or upon any ship, vessel or boat, belonging to his majesty's navy, or in the service of the customs or excise, within the limits of any port, &c. of Great Britain, or within the Isle of Man, or the limits of any port, &c. thereof, or in any port of the British or Irish channels, or on the high seas, within 100 leagues of the coast of Great Britain or Ireland; or if any person shall, either on shore or on the water, within the limits last aforesaid, maliciously shoot at, maim, or dangerously wound any officer of his majesty's army, navy, marines, militia or volunteers, or any other his majesty's military or naval forces, or of the customs or excise, or any other person aiding, &c. such officer when acting in the due execution of his duty under any of the powers or provisions of any act relating to the revenues of customs or excise of Great Britain, or of any act for the

Accessaries also prevention of smuggling; every such offender, and every guilty. person aiding, abetting, or assisting therein, shall be ad judged guilty of felony without benefit of clergy; and eveOffences where ry such offence which shall be committed within any port, &c. of Guernsey, Jersey, Alderney, Sark or Man, shall be inquired of, &c. in the said islands respectively; and eve

tried.

ry such offence committed elsewhere out of the united kingdom shall be inquired of, &c. in any county of the united kingdom; and every such offence committed within England, Scotland, or Ireland, shall be inquired of, &c. within such part of the united kingdom in which such of fence shall be committed, but in any county or shire of such part of the united kingdom, in such manner as if the offence had been committed in the county, &c. in which the same shall be inquired of, &c. And by s. 12. if any Proceeding to person shall be charged by information on oath before any proclaim offendjustice of peace, or other person competent to take such officer, &c. shall information, in any part of the united kingdom, with be execution of his ing guilty of so assembling, aiding or assisting, or of so duty under re- maliciously shooting, maiming or wounding, as aforesaid, within the limits herein-before specified, in any case where

s. 12.

er, where any

be killed in the

venue laws.

in any such officer as aforesaid, or any person aiding, &c. such officer in the execution of his duty, shall have been killed, such information shall be forthwith certified by the justice, or other person taking the same, under his hand and seal, to one of his majesty's principal secretaries of state, who shall forthwith lay the same before his majesty in his privy council; and his majesty may thereupon, if he shall so think fit, by his order in council, require and command the person so charged with such offence, that he do, within 60 days, or such longer time as to his majesty shall seem fit, after the publication of such order in the London Gazette, surrender himself to the lord chief justice, or any other justice of the king's bench, or to any justice of peace, or other person competent to take such surrender, as in such order shall be specified; and may further require such order to be proclaimed by the sheriff of the county where the offence shall have been committed, if committed within any county of the united kingdom, and if not committed within any such county, then by the sheriff of any county near to the place wherein the offence shall have been committed; and the clerks of the privy council shall cause such order to be forthwith printed and published in the London Gazette, and such publication to be repeated once in every week after such first publication, until the expiration of the said 60 days, or such other time as shall be appointed by such order for the surrender of such offender; and shall also cause a copy of such order, attested by the signature of one of said clerks, to be trans. mitted to the sheriff of the county specified in such order, who shall, within 14 days after the receipt of such copy, cause the same to be proclaimed between the hours of 10 in the morning and 2 in the afternoon, in the respective market places, upon the respective market days of 2 market towns in the same county, if there shall be 2 such towns; and if there shall be only one such town, then in such town, and in some other place of general resort within such county, and shall also cause a true copy of such copy of such order to be affixed upon some public place in each of such market towns, or other place where such proclamation shall be made; and if the person charged with

such

such offence shall surrender himself according to such order, the justice, or other person to whom he shall so surrender, shall commit him to some gaol or prison within his jurisdiction, to be dealt with according to law; but if such If such offender person shall not so surrender himself within the time limshall not sur- ited in such order, or shall, after surrender and before triwithin timelimi al for such offence, escape from justice, such person shall, cape, he shall be from the day appointed for such surrender, be adjudged suffer as a felon to be a person attainted of felony, and shall suffer death without benefit as a felon, without benefit of clergy, if the offence shall be of clergy.

render himself

ted, or shall es

allainted and

to inspect mea

charged to be committed in England, or within the li mits of any port, &c. in England or Ireland, or within 100 leagues of the coast thereof; and it shall be lawful for the court of king's bench, or the justices of oyer and terminer or general gaol delivery, or great sessions, for the county or place where such offender shall be, to award execution against such offender, in such manner as if he had been convicted and attainted in said court of king's bench, &c.; and if the offence shall be charged to have been committed in Scotland, or within any port, &c. thereof, or within 100 leagues of the coasts thereof, such of fender shall be adjudged to be convicted of a capital crime, and shall suffer death and confiscation of moveables, as in the case of a person found guilty of a capital crime, and under sentence for the same; and it shall be lawful for the court of justiciary, or the lords of justiciary in their circuits in Scotland, to award execution against such of fender, in such manner as if he had been found guilty in said courts of justiciary, or circuit courts. *

P. 699. 1. 22. For the more effectual prevention of the Justices at petty sessions to use of false and deficient measures, the 55 Geo. 3. c. 43. appoint persons E. & W. enacts, that it shall be lawful for the justices of peace of the several counties, ridings, divisions, cities, boroughs 55 Geo.3. c. 43. and towns corporate of England and Wales, at their reE. & W. spective petty sessions, to appoint one person or more who shall have power to examine the measures within their se

sures.

veral

*The other clauses of this act relate to the crimes of larceny and forgery, and are therefore postponed.

And by s. 2. every

s. 2.

may enter shops,

measures not

in the exchequer.

veral divisions, districts and limits. person so appointed shall, (having been first sworn duly Such persons and faithfully to execute the office in him reposed by virtue &c. and seize of such appointment and of this act, which oath such justi- being according ces are hereby authorized to administer,)as often as such jus. to the standard tices shall direct, in the day-time enter into the shop, house, out-houses, and other places near to such shop or house, and into the stall or standing place of any person or persons, within their respective divisions or limits, who shall sell by retail, and by any measure of capacity, any liquid or dry goods, or other article, and then and there to search for, view, and examine all measures of capacity in such shop, &c. premises, or standing place, and to seize any such measures not being according to the standard in the exchequer, which shall be found therein, and to deliver the same, to be produced before the justices in petty sessions as aforesaid, upon the hearing of the information herein- Penalty for after mentioned; and the person in whose shop, &c. any having such deficientmeasures. such deficient measure shall be found, shall, upon conviction thereof in petty sessions, upon view or confession, or upon the oath of one credible witness or more, forfeit all such false and deficient measures; (which measures shall be broken or otherwise disposed of as such justices, before whom such conviction shall be, shall direct,) and shall also forfeit any sum not exceeding 20s. nor less than 5s. as the said justices, &c. shall adjudge, together with the costs and charges attending such conviction; such forfeiture, together with such costs, &c. to be levied by warrant under the hands and seals of said justices, or the hand and seal of one of them, by distress and sale of so much of the goods, &c. of the offender, as shall be sufficient to pay said penalty, and the expenses of such distress and sale; and if no #ufficient distress can be found, and such penalties, &c. with such costs, &c. shall not be forthwith paid, such justices, or either of them, shall, by warrant, &c. commit such offender to the gaol or house of correction of the limit where the offence shall be committed, for any time not exceeding one month, unless the penalties, costs, &c. shall be sooner paid. And by s. 3. if any person shall wil. 3. 3. fully obstruct, hinder, resist, or in any wise oppose any Penalty for ob of the persons hereby empowered to view, &c. such mea- such inspectors. structing, &c.

sures,