with certai entitled to the reward, the same shall be divided in such shares as to the commisioners shall seem just. s. 17. And two perAnd by 19 Geo. 3. c. 69, if any persons, to the number of sons found pas- two in company, shall be found passing in any part of this sing in any port kingdom, with one or more horses, or with any cart or carriage, of the kingdom whereon there shall be laden more than six pounds of tea, or quantities f foreign brandy or other foreign spirituous liquors exceeding tea or spirits, or five gallons, not having paid the duties, and not having a perarmed, or dis- mit with the same; and shall carry any offensive arms or wea. guised, may be prosecuted for Pons, or wear any vizard, mask, or other disguise, when pasa misdemeanor, sing, it shall be lawful for any of the officers of customs or ex. cise, and all other persons acting in their aid, to arrest the persons so passing, and them convey before one justice, who, if he see cause, shall commit the offender to the county gaol till the next general quarter sessions, to be tried as after di. rected. s. 9. So also may persons aiding in the unship ping. In what manner offenders arrested and committed under 19 Geo. 3. Also the said officers and their assistants may in like manner arrest all persons found aiding in unshipping uncustomed or prohibited goods; and carry them before a justice, who may commit them.* S. 8. And by the said act, 19 Geo. 3. c. 69, it is enacted, that the officer who shall convey any offender arrested by the autho rity of that act, before any justice, shall in case such offender shall be committed to the county gaol, enter into a recognizance are to be pro- before such justice, in 401. conditioned to appear at such ses ceeded against sions, and to prosecute the person committed; and the com and punished. missioners are to order the charges of such prosecution to be paid out of any money in the hands of the receiver general. s. 11. And it shall be lawful for the justices at sessions, to deter mine all such offences; and if the person commited be convict ed before them, such general quarter sessions,' in lieu of any other punishment by any former act, may commit such person to hard labour in the house of correction for not ex. ceeding three years, nor less than one. s. 12. But if the person convicted shall be approved of by any officer of the land forces or fleet, the justices at such sessions, in lieu of any other punishment, may order such offender to serve his majesty as a soldier or sailor,' and cause him to be delivered over to such officer, such officer giving a receipt acknowledging what men are delivered to him. s. 13. And if the justices in their sessions shall not be attended, at the time of convicting such offender, by some proper officer, they may adjourn to some other day, and give directions for securing such offenders, and cause notice to be given to such officer of the day and place of adjournment; who is to attend, and receive such persons, if he approve of them as able to serve, 4. 14. *This clause is more fully abstracted in p. 558, 559. supra, And the justices, upon such conviction and delivery, shall cause the second and sixth sections of the articles of war against mutiny and desertion to be read to the person delivered in the presence of the justices; and the justices shall tender to such person the oath in the third section of the articles of war; and certify under their hands, that such person is ordered to serve his majesty, setting forth the name, age, parish, and abode of him, if known, and that the second and sixth sections of the articles of war against mutiny and desertion were read to him, and that he had taken the oath mentioned in the articles, or had refused to take the oath : and shall deliver such certificate, together with such man, to the said officers, and such man shall thereupon be deemed enlisted, and shall be proceeded against as if he had taken the oath according to the articles of war; and the said justices shall also cause an entry to be made, in a book, to be kept by them, or by the clerks of the peace of the county, of the names of the men delivered, their ages, parish, and abode,if known, and the time and place where delivered, and the names of the officers who received them, and for what regiment or ship, and shall cause true copies of such entries attested by the said justices or clerk of the peace, within forty days after delivering such men, to be transmitted into the office of the secretary at war, or into the office of the commissiouers of the admiralty. s. 16. And no person ordered to serve as a soldier or sailor, shall, during five years, unless disabled, be discharged from the service, and any officer who shall presume to discharge such per■ son, or suffer him to avoid actual service, shall be cashiered. 3. 17. And the justices may impose upon any gaoler, who shall Power of jussuffer any person, committed in pursuance of this act, to es- tices to fine cape, or upon any constable, for every wilful neglect in the gaolers and execution of any warrant, a fine not exceeding 10%. and cause such fine to be levied by distress and sale, and pay the fine to the informer. s. 15. Also if a master of a ship suffer the package of pro- And if he suffer prohibited or uncustomed goods to Also officers making out falso certificates of goods landed, And persons buying or receiving run goods, not pay- peace officers for suffering escapes. miles of the sea' coast to be apprehended, Committed to the house of correction, whipped, and kept to hard la bour for one month. Persons larking By 9 Geo. 2. c. 35, upon information upon cath before one within five justice of peace, that any persons are loitering within five miles from the sea coast, or from any navigable river, and that there is no reason to suspect they wait with intent to be aiding in the running, lauding, or carrying away, any prohibited or uncustomed goods, it shall be lawful for such justice to cause such persons to be brought before him, and to grant warrants for apprehending such offenders; and if such persons shall not give a satisfactory account of themselves, or make it appear that they are not to be concerned in, or to be aiding in, the carrying on any fraudulent or clandestine trade, or unlawful business or occupation, and are not at such place with intent to carry on the said clandestine practices; every person who shall not give such satisfaction to such justice, shall be com'mitted to the house of correction, to be whipped', and kept to hard labour for any time not exceeding one month; and the commissioners of customs or excise shall cause to be paid to the person informing of such offender a reward of 20s. for every such offender so taken. s. 18. make his innosence appear. But such person But if such person, so brought before such justice, shall deto have time to sire time for making it appear that he is not concerned in any of the said fraudulent practices, such person shall not be punished by whipping or other correction; but in such case, it shall be lawful for such justice to commit such person to the common gaol, there to remain and continue until he shall give such account of himself, or make proof of the matters aforesaid to the satisfaction of the justice, or until he shall give and find good and sufficient security not to be guilty of any of the said offences. Three or more aiding in the running of goods, and armed, to be s. 19. Also watermen, carmen, porters and others, convicted of carrying run or prohibited goods, not paying the penalty, are subject to be committed to the house of correction, there to be whipt, and kept to hard labour for three months, see 9 Geo. 2. c. 35. s. 21, supra. And by the above act of the 9 Geo. 2, c. 35, upon infor assembled to be 'mation on oath before a justice of the peace,' that any persons to the number of three or more, are or have been assembled, to be aiding in the clandestine running, landing, or carrying away prohibited and uncustomed goods, or to rescue them apprehended. after seizure, and armed with fire arms or other offensive wea. pons; he shall grant his warrant to the constables and other peace officers, requiring them to take to their assistance as many as may be thought necessary for the apprehending all persons against whom such information may be given, and such justice shall (if upon examination he find cause) commit them to the next county gaol without bail, until they be discharged by law; and every such person, upon proof of his being assem bled and armed, in order to be assisting in the clandestine running prohibited or uncustomed goods, and upon conviction for such offence, shall be guilty of felony, and transported for seven years. s. 10. And every person who shall apprehend any person guilty of the offences last mentioned, shall have for every offender convicted 50%. and if any person shall be maimed or dangerously wounded in endeavouring to apprehend such offenders, every person wounded shall, upon such conviction have 501. over any other reward; and in case any person shall be killed in pursuit after such offenders, the executors or administrators (upon certificate of the justice of assize or the two next justices of peace, of such person being killed)' shall have 50%. over any other reward. s. 11. And if any offender shall within three months after such. offence, and before conviction, discover two accomplices to the commissioners of customs or excise, so as they be convicted he shall have 50%. for every offender convicted,and be discharged of such offence. s. 12. And it is further enacted by 19 Geo. 2. c. 34. s. 1. (made And three or more armed to perpetual by 43 Geo. 3. c. 157), That if any persons to be aiding in be the number of three or more,' armed with fire arms or other exportation of offensive weapons, shall be assembled, in order to be aiding in goods prohibite the illegal exportation of wool*, or other goods prohibited to ed to be exportbe exported, or the carrying of wool or other such goods, in ed, or in the running prohi order to such exportation, or in the running, landing or carrying bited or uncusaway prohibited or uncustomed goods, or goods liable to pay tomed goods,or any duties, which have not been paid or secured, or in the relanding goods illegal relanding of any goods whatsoever, shipped or exported shipped on cerupon debenture or certificate; or in rescuing or taking away cuing the same, the same after seizure, from any officer of customs or excise, or or persons apother revenue,or persons employed by or assisting them, or from prehended, the place where lodged; or in rescuing any person apprehended for any offences made felony by this or any other act, relating to the revenues of customs or excise; or in preventing the apprehending any such offenders; tificate, or res 2, Or in case any persons to the number of three or more or three so armed being aiding, or any person so armed, shall be so aiding or assisting; 3, Or if any person shall have his face blacked, or wear any vizard, mask, or other disguise when passing with such being disguised goods; 4, Or shall forcibly hinder, obstruct, assault, oppose, or And by 28 Geo. 3. c. 38. s. 56, if any person shall be obstructed in seizing any sheep, wool, and the like, intended to be exported or carrying on board any vessel contrary to the act, the offenders and all persons attempting to rescue the same,shall be transported for seven years, and returning before is felony without benefit of clergy. See this clause more full, under article "Wool," in sec. II. supra. while passing, resist any of the officers of the customs or excise or other revenue, in the seizing or securing any such goods*. or woundingany 5. Or if any person shall maim or dangerously wound any officer attempt-officers of customs, excise, or other revenue, in attempting ing to go on board, or shoot-to go on board any ship or vessel within the limits of any of the ing him when ports of this kingdom, or shoot at, maim, or dangerously wound on board, him when on board such ship or vessel, and in the due exe cution of his office; y. Persons shoot felony without Then every person so offending, being thereof convicted, benefit of cler-shall be guilty of felony without benefit of clergy. s. 1. 6. And by 24 Geo. 3. sess. 2. c. 47, if any person on the shore, or on board any ship, vessel, or boat, shall maliciously ing at any vessel in the navy, shoot at any ship, vessel, or boat, belonging to the navy, or customs or ex-in the service of the customs or excise, within the limits of any port in Great Britain, or within four leagues from any part of the coast thereof; cise, or shooting at 7. Or if any person being on shore, or on board any ship, or wounding shall maliciously shoot at, maim, or dangerously wound any officer of the navy, cus- any officer of the navy, or of the customs or excise, whether toms, or excise, attempting to go on board, or being on board, or returning from on board, or otherwise acting in the execution of his duty on shore, or within the limits of any port of Great Britain, or within four leagues of any part of the coast thereof; or persons act 8. Or shall maliciously shoot at, maim, or wound any per ing in their aid, son aiding such officer : felony without clergy. Such offenders ed,to surrender taider. Every person so offending, and every person aiding there. in, shall be guilty of felony, without benefit of clergy. s. 11. And if any person shall be charged with being guilty of any being proclaim- of the offences in 19 Geo. 2. or 24 Geo. 3. before any justice on pain of at- of peace, or justice of the King's Bench; by information of one person upon oath, such justice, before whom such information shall be made, shall certify, under his hand and seal, and return such information to one of the secretaries of state, who is to lay the same before his majesty in privy council whereupon it shall be lawful for his majesty to make order in privy council, thereby requiring such offender to surrender within forty days after the first publication thereof in the London Gazette, to the lord chief justice, or any of his majesty's justices of the King's Bench, or to any one justice of the peace, who is, upon such offender surrendering himself,, to commit him to the coun ty gaol, or to the gaol of the place where he shall surrender * This felony is virtually repealed by the stat. 19 Geo. 3. e. 69. *. 10, which reduces the offence of opposing a revenue officer to a misdemeanor. Hutchinson's Case, Leach's Cr. L. 313. See this clause of 19 Geo. 3. supra. + But the attainder shall work no corruption of blood, loss of dower or forfeiture of lands. s. 5. |