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ter and go into and upon any lands for that purpose, \tWnm it being liable to any indictment or action, s. 37. < ■• Every penalty of one- hundred ponads, by an art of the Penalties of rty-fifth year aforesaid imposed, may bo sued for wvthio «ne*1001- mRS b.° ar after the offence committed, and recovered by information*"""*"'!1 c'" otherwise in the court of exchequer -at Wettmmrtef, ami- chequer nc tied, as any line, penalty or forfeiture may be under any aef'sessions. r securing the reveuue of customs, or by information before' y two justices of the peace for thu county wherein such ence or offences may be committed,or of the county into "which y such offender or offenders shall be brought; and two-thirds oi ery such penalty shall be to hfs majesty, his heirs and surces- rs, and the remaining one-third to thu. person who shall inraj qr sue lor the same j. 39.

Every officer of .the customs, excise, army, nary, or marine.*, The officers taioing and convicting; any persoas liabie under an aet'passed detaining pertie^forty-fifth year.of his present majesty, for thfe preven. sn'" t0 he al" in of smuggling, shall'be allowed for each person, not ex-f')>"^..icallsu"1 eding.tweoty pounds, as. the commissioners of customs and - •■■>*• '*. «ite tn England orj Scotland respectively, shall in their dis» Uio$ thfok fit. rt.Ali .

By the laws now in force, on prosecutions before the jus». On mitigation

p{ the peace, for penalties under the laws relating to the Pt,laJt»es, by. t;ejiee pf customs in England and Scotland, such justice* are ^r""he"u*nces certain cases authorized, on conviction to mitigate the penal, out of sessions,,. * and to reduce the amount thereof: and for the better pre- ihcy majr re.' otiosv<of 'smuggling in cases where penalties are so rhiti- 1ulrc «i'«nJert' ted^ha offenders should be required to give good and suf- ^^n.Uft^e* ient security to the crown for the payment of the full (renal- f„r p^nenrSf4 ia W**ch ifcuy shall hire been convicted, after deducting double the sum e sunt paid on. such conviction and mitigation, in case fuf •»'hich couey shall within three years from such conviction, be again I'010"1- '<"<»g»>n

. . , .u i • ■ • ,, convicted with*

avKtediot any other offence against the revenue laws; in all in three years

scs where any person shall be convicted of any offence as of a like of.

jresatd, before the court of quarter sessions, or before any?1'0".

slice .or justices of the peace out of session, and such court,

justice or justices, shall mitigate the penalty or penalties

urred, it shall be lawful for such court of quarter sessions,.

justice or justices of the peace, and they are 'respectively

reby required to take a recognizance from the otteuderor

cutlers, in double the amount of the sum in which he, she, or

iyaaay have been convicted, which recognizance or recogni. be^given*to his majesty, his heirs and successors,

th condition that if such offender or offenders shall at any

ie, within three years from the'date of such; conviction, be

tioYcae.«jetedV.of any offence; against any law now in force or .—»-«.•>

reader to be made, relative to. the revenue of customs or ex.

C) that such oifjuder or offenders shall forfeit and pay to his

V.OU lY. 4 E*

majesty the amount of the sum or snms in which he, shi, otAer may hmc befn convicted, after deducting the sum Ohbi paid according to such mitigation as aforesaid ; and wtarci recognizance or recognizances shall become forfeited, Beat" court, or any justice or justices of the peace, by warrmij apprehend such offender or offenders; and in easehe,i», j they shall not forthwith pay the sum or sums, according st?p recognizance or recognizances,may levy the same \jpoorif F* and chattels of the offender or offenders, or comam >c offender or oflenders to gaol, for twelve months, or mtiisi: sum or sums be paid. s. 43. justices of ^n(* doubts having arisen whether justices of tbepe«r!!i peace to tale take cognizance of offences and of forfeiture* cotnimrted ori-st cognizance of on the high seas, and without the limits of the county, to offences cn the fney act as justices of the peace; in all cases in which wrjs. high seas. Qr justices are empowered to take cognizance of air i

fence, or forfeiture in this or any act or acts relating tot!»'. venue of customs or excise, it shall be lawful for any Ject or justices for the county, city, town, or place, within tfeJ the port or place into which any ship, vessel, bcatoritisi'." any person or persons shall be taken, brought, or carriei, der any act or acts relating to the revenue orcnstoissoreEae. shall be situated, to take cognizance of such offence" or 'fates committed against the said act or this act, orsnch forftfc' or forfeitures as if the same had been committed, or tte sc forfeiture or forfeitures had been incurred on land wftta i respective jurisdiction of such justice, s. 44. Persons offer- If any person or persons whatever shall give, offer. «r pv ing bribes, &c. mise to give any bribe, recompence, or reward to, orwfcP to officers of collusive agreement with, any commissioned or non-CMUis-5 niaiwie^tofoV or warrantomcer of army, navy, or marines, to do, costal" feit loot, connive at any act by which his majesty might be defruW" his revenue of customs and excise, whether accepted « every such person shall forfeit the sum of one hundred poast*. 47.

Vol. IV. p. 577.

^*cretaryat,r" ■ By 47 Geo- s- seu- -• c* ,5» Tlle secretary at w» may mastcr-geueral may order and direct the pay, pensions, *r

tfi'V Allowance to officers or persons who have served in the forces, or^J" to officer.* and or persons receiving any allowance on the eompisiMitf Widows, fco. to or d,,j pension, -allowance,, or relief, in respect of tsj B*-ir> '.nice io be paid at or near the places of their residence, by te pl,id at their ersons appointed to pay the same, Bubjcct to such rules and places of resi^ulations and upon such Touchers and receipts as shall be dence, &c •lablished by the commissioners of Chelsea hospital, or other 'gulations by the secretary at war or pay master-general, who re empowered to make such rules and regulations as may be •quisite. The commissioners of the treasury may direct such ay, pensions, &c. to be paid by the receiver-general of the ad tax. And all assignments, &c.ofsuch pay,pcnsiou, & be >ld ; and to be paid without any deduction uuder the penalty 'SOI. and all orders, receipts, certificates, &c. to be exempt om stamp duty. s. 1, '2, 3, 4, 5, 6.

If any person shall wilfully and knowingly personate or Pesonating perIsely assume the name or character of, or procure any other so"1* entitled to ;rson to personate or falsely assume the name or character of ^asportation ly other person entitled or supposed to be entitled to any such ly, pension, allowance or relief in order to receive the same, 1 any part thereof, every such person so offending shall bo emed guilty of felony, and may be transported for not exceed? i 4 years, i. 7.

If any person shall knowingly and wilfully forge or counter- Thelikcpunish-
it, or cause or procure to be forged or counterfeited, or act mentfor forging
assist in forging or counterfeiting the name or hand.writing pr counterfeit-
any person intitled to any such pay, pension, allowance, or '"Kthe names>
lief, or of any person required to sign any certificate, vouch.
• or receipt, in relation to any such pay, pension, &c. in order
the attaining or receiving any money on such pension, &c. or
ill utter any such, knowing the same to be forged or counter-
ed with intent to defraud any person, &c. he shall be guilty
felony and be transported for not exceeding 14 years- s. 8.
Any justice of the peace or magistrate, or receiver-general,
. may enquire into the truth of any certificate or voucher,
oduced by any person claiming such pay, &c. or any person
ting for him by the oath of the person producing the same
ich the justice, &c. arc authorized to administer, and upon
ne satisfied of the truth to testify the same upon the back
tho certificate or voucher.—Persons wilfully and corruptly
earing falsely, to be subject to the like penalties as in cases
perjury. *. 19.

Vol. IV. p. 697.

)ne convicted upon the stat. 9 & 10 W. 3. c. 41, ». 2, of
ing unlawfully in his possession, or concealing the king's
al stores, cannot since the stat. 39 & 40 Geo. 3. c. 89. J. 2.
sentenced to bard labour, the K. v. Bridges, Mich. 47 Geo.
.'he defendant was brought up for judgment.afterr.onviction on
stat. 9 & 19 W. 3. c. 41. s. 2. for unlawfully having in hns

possession the king's naval stores marked with the king's art And judgment Was about to be pronounced that neshoaHk imprisoned in the house of correction in Surry, and thereto to hard labour for three calendar months, and be oacttt* that time publicly whipped; this would have been wamsstf the stat. 17 Geo. 2. c. 40. 5. 10. reciting the scat. 9 & lQ.ll c. 41. and 0 G. 1. c. 8, but a doubt occurring how httx power of sentencing to hard labour was taken aviftifc subsequent stat. of the 39 & 40 Geo.3. c. 8;). ;theeocrtipa further consideration, and comparing the different pronsMid the statutes, were of opinion that the power of stnteadas hard labour was taken away by the latter statute, and tkotta pronounced judgment, that the defendant should be inpnsacd in the house of correction for the county of Surrj b three calendar months, and be once during that lime p.:'. whipped. 8 East. 53.

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Volunteer drill Serjeants though subject la. fte,i of the mutiny act, for trial and punishment by ToI»»,ttjr,P*» martial according to the stat 44 GeoC 3. c. fifjAUM* privileged from arrest for debts under 20/. as regular i Richman v. Studxick, Mich. 47 Geo; 3- tJpo»,a isft discharging on common,bail the defendant who b»dt for a debt under 20/., the question Was, whethera i in a volunteer corps being sworn and receivingc«f described in the *tat. 44;Gfco.ST.jt.54, »T$0, ,?£ to the privilege from arrest given to soldiers in fb my by the mutiny act i In Support of the rule it,"> ed iu the affirmative, because^ being put o'u "theJ& and subjected by the 21st sectibti to the same trf meat,it must havc-intended toliategjiycn'him the same pri'ft which consequence was dcTiied',.. and fhe^J ^jjjfWra^. to, which expressly subjects volunteer Co'rps, /« certA « only to the provisions of the'mutiny ac^l'An^JbMHn* nion was the court. Lord Etletfbo rough, th. J. vbirnmi *j the mutiny act attached-' onfjr "6a-pfhoas'cniisl^i,^ , Serjeants in volunteer corps are b% the iuSt40 subject to the regnlalions of I to trials and punishmcut by nvanry or volunteer officers for obedience; but the mutiny act < purposes than lho»e there Eatt 10 a.



/ABATEMENT of indictment—by misnomer, or want of
addition, iii. 455. Plea in, for misnomer or want of addU
tiou, iii. 461. Of nuisance, iii. 474.
ibduclion of heiress, ii. 429.
(bettors, i. 1.

Objuration, oath of, iii. 480—of the realm, iii. 535.
Abortion, causing of, ii. 844,.
Absence from church, i. 471.

Acceptance of bills of exchange, forging, ii. 391. See] Felony
without clergy. "'

'cccnaries, i. 1.—in general, ib. Accessary who, ib. What
offences admit of accessaries, and what not, ib. No acces-
saries in/high treason, ib. No accessaries in trespasses or lar-
ceny, 2. Who are deemed principals at common law, 4.—Of.
fence of (he accessary can never rise higher than that of the
principal, 8. Accessaries before thefact,tf .Accessariesafter the
faci,l 1. How accessaries are to be proceededagainst,as distinct
from the principal, 15. How far bailable, 16. How lar dis-
charged by acquittal of the principal, ib. Outlawry of ac.
cssary, ib. Indictment and arraignment of accessary 20.
Where accessaries before the fact may be tried, 22. Princi-
pal to be first tried, r*. Accessary and principal joined in
the same indictment, 23. Principal acquitted, may be tried
as accessary after, 25. But not as accessary before, ib.
Accessary acquitted may be indicted as principal, ib. Dif-
ferent forms of indictments against accessaries. What acces,
aries are, within clergy or without clergy. See Felony.
:omplices, discovery by, i. 179. Evidence of, i. '759. Par.
lou of, i. 179,180. See Approver, Pardon*
ident, homicide by, ii. 830.
roacliing, royal power, ii. 882.
usalions. See Conspiracy.
\uitlaiice, forging of, ii. 390.
ing of Plays, iv. 975.

r«t.iY. 4F

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