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oyer and terminer, great session or gaol delivery, or until
livered by due course of law; and in case an indictment be found
or information filed against him or them, he or they shall furth-
with plead thereto, and shall be tried thereon, without lang
time to traverse, as in cases of misdemeanors; and it shall ?
be necessary to prove in any such indictment or informatie,
that any ship, vessel, or boat was actually hovering of of the
coast or shore, or found or discovered to have beet within tip
limits or distances mentioned in this act, or any act or acts make
sed for the prevention of smuggling; and the offender or os.
ders being duly convicted thereof, shall, by order of the court
before whom such offender or offenders shall be convicted, either
forfeit and pay the penalty or forfeiture of one hundred pounds,
or, at the discretion of such court, be committed to the conten
gaol or house of correction, to be kept to bard labour for any
term pot exceeding one year. By the preceding section the list
respecting persons making

siguals by fire in the act of the of the present king is repealed. s. 33, 34. 2011 Proof ofmaking And if any person or persons be charged with, or tire, &c. with dicted for haviog made or caused to be made or bein the intent aiding or assisting in making, or giving any such light churged, to be fire, flash, blaze, or signal as aforesaid, the burtben of pre upon delend

that such light, &c. was not made with such intent-and paipan shall be upon the defendantagainst whom such charge is sad or indictment is found. s. 35.16

When any person or persons shall be arrested and taken in bended, how to be builed by

fore any one or more justices of peace in Great Britain, fe justices of any offeuce against this act, or against the acts passed in peace. forty-secood and forty-fifth years of his present majesty,

person or persons shall in no case be admitted to bail, unless she, or they shall first enter into a recognizance with tword ficient sureties to his majesty, bis heirs and successors, in sum of two hundred pounds, and the said sureties in the site of one hundred pounds each, with condition that such personer persons shall appear at the then next ensuing court of over terminer, gencrai goal delivery, or great session, or general quarter sessions of the peace to be holden for the county place where such offender or offenders shall be arrested or fata to answer and plead to any indictment or indictments while may be found at such court of oyer and terminer and gaol livery,or great session, or quarter session, for such misdeaceta and such recognizance shall be forth with transmitted to clerk of assize, or other proper oslicer of the court of opere terminer, gaol delivery, or great session respectively,

the clerk of the peace for such county or place. 3. 56. Officers to enter And any person whatsoever may put out and extinguish any lands and such light, fire, or blaze, or any smoke, signal, rocket, fresort cainguish fires or other contrivance or device, so made as aforesaid, and



Persons appre

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uter and go into and upon any lands for that purpose, with ut being liable to any indictment or action. 9. 37.

Every penalty of one hundred pounds, by an act of the Penalties of rty-fifth year aforesaid imposed, may be sued for withig wone 100). may be ear after the offence committed, and recovered by information recovered ci

ther in the ex Fotherwise in the court of exchequer at Westminster, and

chequer oc ried, as any fine, penalty or forfeiture may be under any act sessiuns. r securing the revenue of customs, or by information before y two justices of the peace for the county wherein such fence or offences may be committed,or of the county into which y such offender oroftenders shall be brought; and two thirds of ery such penalty shall be to his majesty, his heirs and succes Me, and the remaining one-third to the person whouskall in mor, sue for the same. $. 39. . Every officer of the customs, excise;. army, navy, or marines, The officers. taining and convicting any persons liable under an aet passed detaining perthe forty-fifth year of his present majesty, for the preven. sons to be aln of smuggling, shall be allowed for each person, not ex

Jowed a sumn

for each. ding twenty pounds, as, the commissioners of customs and sise in England or Scotland respectively, shall in their distion thiok fit. ps. 41. By the laws now in force, on prosecutions before the jus. On mitigation Sof the peace, for i penalties under the laws relating to the of penalties, by. enue of customs in England and Scotland, such justices are or the justices certain cases authorized, on conviction to mitigate the penala out of sessions,

and to reduce the amoufit thereof: and for the better pre- they may re. tion of smuggling in cases where penalties are so miti- quire offenders

to enter into ed, the offenders should be required to give good and suf

recognizance int security to the crown for the payment of the full penal- for payment of in which they shall have been convicted, after deducting double the sum sums paid on such conviction and mitigation, in case for which cony shall within three years from: such conviction, be again Victed, if again victed of any other offence against the revenue laws ; in all in three years 8. where any person shall be convicted of any offence as of a like of esaid, before the court of quarter sessions, or before any fence, ice or justices of the peace out of session, and such court, : ustice or justices, shall mitigate the penalty or penalties rred, it shall be lawful for such coart of quarter sessions, 1 ustice or justices of the peace, and they are respectively by required to take a recognizance from the offender or nders, in double the amount of the sum in which he, she, or

may have been convicted, which recognizance or recogni. es shall be given to his majesty, his heirs and suecessors, condition that if such offender or offenders shall at any , within three years from the date of such conviction, be

convicted of any offence against any law. now, in force or after fo be made, relative to the revenue of customs or ex.

that such offender as offenders shall forfeit and pay to his OL. IV.

majesty the amount of the sum or sums in which he, she, or they may have been convicted, after deducting the sum or suas paid according to such mitigation as aforesaid ; and wbere si Tecognizance or recognizances shall become forfeited, the old court, or any justice or justices of the peace, by warrant, he apprehend such offender or offenders; and in case he, se, they shall not forthwith pay the sum or sums, according a serie recognizance or recognizances,may lery the same upon the gre and chattels of the offender or offenders, or conuit sal offender or offenders to gaol, for twelve months, or antii se sum or sums be paid. $. 43.

And doubts having arisen whether justices of the peace to Justices of peace to lake

take cognizance of offences and of forfeitures committed or are cognizance of on the high seas, and without the limits of the county, in ved offences in the they act as justices of the peace; in all cases in which ar's high seas.

tice or justices are empowered to take cognizance of any fence, or forfeiture in this or any act or acts relating to thes venue of customs or excise, it shall be lawful for any just or justices for the county, city, town, or place, 'within wil the port or place into which any ship, vessel, boat or goods any person or persons shall be taken, brought, or carried, der any act or acts relating to the revenue or customs or CLİR. shall be situated, to take cognizance of such'ofence or 5 ces committed against the said aet or this act, or such forfeite or forfeitures as if the same had been committed, or the sun forfeiture or forfeitures had been incurred on land within the

respective jurisdiction of such justice. $. 44. Persons offer- If any person or persons whatever shall give, offer, or js. ing bribes, &c. mise to give any bribe, récompence, or reward to, or make u to officers of collusive agreement with, any commissioned or non-commis army, navy, or marines, to for

or warrant officer of army, navy, or marines, to do, conceale feit 1001. convive at any act by which his majesty might be defraudada

his revenue of customs and excise, whether accepted or 104 every such person shall forfeit the sum of one hundred pouré. $. 47.


Vol. IV. p. 577.

Secretary at war may order the pay, pensions,

By 47 Geo. 3. sess. 2. c. 25, The secretary at war and far. master-general may order and direct the pays

, pessions, &z, due El allowance to officers or persons who have served in the forces, or does

or persous receiving any allowance on the compassionate ises widows, &c. to or any pension, allowance, or relief, in respect of aby zidary

to officers and

vice to be paid at or near the places of their residence, by be paid at their rsons appointed to pay the same, subject to such rules and places of resizulations and upon such vouchers and receipts as shall be dence, &c. ablished by the commissioners of Chelsea hospital, or other gulations by the secretary at war or pay master-general, who é empowered to make such rules and regulations as may be quisite. The commissioners of the treasury may direct such y, pensions, &c. to be paid by the receiver-general of the ad tax. And all assignments, &c.of such pay, pension, & be id : and to be paid without any deduction uuder the penalty 501. and all orders, receipts, certificates, &c. to be exempt om stamp duty. 8. 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 sons entitled to rson to personate or falsely assume the name or character of pay, felony and

transportation. y other person entitled or supposed to be entitled to any such y, pension, allowance or relief in order to receive the same,

any part thereof, every such person so offending shall be emed guilty of felony, and may be transported for not exceedg 14 years. If any person shall knowingly and wilfully forge or counter. Thelike punishit, or cause or procure to be forged or counterfeited, or act ment for forging assist in forging or counterfeiting the name or hand-writing or counterfeitany person intitled to any such pay, pension, allowance, or

ing the names,

liet, or of any person required to sign any certificate, vouch-
s or receipt, in relation to any such pay, pension, &c. in order

the attaining or receiving any money on such pension, &c. or
all utter any such, knowing the same to be forged or counter-
ited 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,
c. may enquire into the truth of any certificate or voucher,
roduced by any person claiming such pay, &c. or any person
cting for him by the oath of the person producing the same
hich the justice, &c. are authorized to administer, and upon
eing satisfied of the truth to testify the same upon the back
f tho certificate or voucher.- Persons wilfully and corruptly
wearing falsely, to be subject to the like penalties as
f perjury, s. 19.

$. 7.


Vol. IV, p. 697. One convicted upon the stat. 9 & 10 W. 3. c. 41, s. 2, of aving unlawfully in his possession, or concealing the king's aval stores, cannot since the stat. 39 & 40 Geo. 3. c. 89. s. 2. e sentenced to bard labour, the K. v. Bridges, Mich. 47 Geo. · The defendant was brought up for judgment,after conviction on he stat, 9 & 19 W. 3. c. 41. s. 2. for unlawfully having in his


possession the king's naval stores marked with the king's mark And judgment was about to be pronounced that he should be imprisoned in the house of correction in Surry, and there kept to hard labour for three calendar months, and be once durig that time publicly whipped; this would have been warrantedir the stat. 17 Geo. 2. c. 40. s. 10. reciting the stat, 9 & 10. W. c. 41. and 9 G. 1. c. 8, but a doubt occurring how far the power of sentencing to hard labour was taken away by die subsequent stat, of the 39 & 40 Geo.3. c.89.5.2. ; the court upes further consideration, and comparing the different provisions d the statutes, were of opinion that the power of sentencing ta hard labour was taken away by the latter statute, and therefore pronounced judgment, that the defendant should be imprison ed in the house of correction for the county of Surry for three calendar months, and be once during that time publici whipped. 8 East. 53.00 Die ZE 10 290oria o la crnogabbs

Lee 2233190 lo antichidh VOLUNTEERS. 1 i un total ji miesz 30-09 Ta 10 duro, nailom Vol. IV. p. 1088.

on molt Volunteer drill serjeants though subject to the regulatos

la of the mutiny act, for trial and punishment by volunteer cord martial according to the stat. 44 Geo. 3. c. 54. 5. 21. are doi privileged from arrest for debts under 201. as regular soldiers Richman v. Studwick, Mich. 47 Geo. 3. Upon a rule male discharging on common bail the defendant who had been arnets for a debt under 201., the question was, whether a drill serjett in a volunteer corps being sworn and receiving constant pays described in the stat. 44 Geo. 3. c. 54. s. 20, 21, were intitled to the privilege from arrest given to soldiers in the regulaarmy by the mutiny act? In support of the rule it was contende ed in the affirmative, because, being put on the saine foulias, and subjected by the 21st section to the same trial and pense ment, it must have intended to have given him the same privicgen which consequence was denied, and the 234 section reserred to, which expressly subjects volunteer corps, in certain cases only to the provisions of the mutiny act. And of the like op nion was the court. Lord Ellenborough, Ch. J. observing that the mutiny act attached only on persons enlisted, but can serjeants to volunteer corps are by the act in question subject to the regulations of the mutiny act, so far as relatos to trials and punishment by court martial composed of manry or volunteer officers for the purpose of securing mo obedience; but the mutiny act does not extend to them for oa purposes than those there mentioned, Rule discharged East 105.

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