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S. 8.

In what man

entitled to the reward, the same shall be divided in such shares

as to the commisioners shall seem just. s. 17. And two per

And by 19 Geo. 3. c. 69, if any persons, to the number of sons found pus-two in company, shall be found pussing in any part of this sing in any port kingdom, with one or more borses, or with any cart or carriage, of the kingdom with certain

whereon there shall be Jaden more than six pounds of tea, or quantities | foreign brandy or other foreign spirituous liquors exceeding tea or spirits, or five gallons, not having paid the duties, and not having a per• armed, or dis. guised, may be

mit with the same; and shall carry any offensive arms or wea. prosecuted for pons, or wear any vizard, mask, or other disguise, when pas, a 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 persong so passing, and them convey before one justice, who, ir he see cause, shall commit the offender to the county gaol till the next general quarter sessions, to be tried as after die

rected, S. 9. So also may

Also the said officers and their assistants may in like manner persons aiding arrest all persons found aiding in unshipping uncustomed or in the uriship prohibited goods ; and carry them before a justice, who may ping.

commit them. **

And by the said aci, 19 Geo. 3. c. 69, it is enacted, that the ner offenders

officer who shall convey any offender arrested by the autho. arrested and rity of that act, before any justice, shall in case such olieuder

under 19 Geo. 3.

shall be committed to the county gaol, enter iuto a recognizance

pro- before such justice, in 401. conditioned to appear at such ses. ceeded against sions, and to prosecute the person committed ; and the comand 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 lien 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 otienders, and cause notice to be given to such oficer of the day and place of adjournment; who is to attend, i and neceive such persons, if he approve of them as able to serve,

are to be

6. 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 certily under their hands, that such person is order. ed 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 bad 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 nanies of the men delivered, their ages, pa. rish, and abode, is known, and the time and place where delivered, and the names of the officers who received them, and for what Tegiment 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 uch men, to be transmitted into the office of the secretary at war, or into the oflice 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. 80D, or suffer him to avoid actual service, shall be cashiered. $. 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

peace officers €xecution of any warrant, a fine not exceeding 101. and cause

for sustering such fine to be levied by distress and sale, and pay the fine to escapes. the informer. $. 15.

Also if a master of a ship suffer the package of pro.

hibited or certificate goods to be opened in port, he is
subject to six months imprisonment. Sec 5 Geo 1.

c. 11. s. 7, in page 556 supra.
And if he suffer prohibited or uncustomed goods to

be shipped or unshipped, he is subject to imprison-
ment for the like time. See 6 Geo. 1. c. 21, in

page. 548 supra.
Also officers making out falsu certificates of goods landed,

are subject to one ycar's imprisonment. See 13 & 14

Car. 2. c. 11. s. 8. in page 547 supra.
And persons buying or receiving run goods, not pay-

ing the penalty, are to be committed to prison for
three months. See 8 Geo. 1. c. 18. s. 10, in page
659 supra.

Persons larking By 9 Geo. 2. c. 35, upon information upon cath before ore within five

justice of peace, that any persons are loitering within five miles of the sea coast to be ap

miles from the sea coast, or from any navigable river, and that prehended, there is no reason to suspect they wait with intent to be aiding committed to in the running, landing, or carrying away, any prohibited or the house of uncustomed goods, it shall be lawful for such justice to cause Correction, whipped, and

such persons to be brought before him, and to grant warrants kept to hari la for apprehending such offenders; and if such persons shall not bour for one give a satisfactory account of themselves, or make it appear month.

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 oftender so takon.

s. 18. Bot soch person But if such person, so brought before such justice, shall de. to have time to sire time for making it appear that he is not concerned in any make his inno

of the said ' fraudulent practices, such person shall not be çence appear.

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. 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. Three or more

And by the above act of the 9 Geo. 2, c. 35, upon infor. assembled to bo'mation on oath before a justice of the peace,' that any persons aiding in the

to the number of three or more, are or have been assembled, running of

to be aiding in the clandestine running, landing, or carrying goods, and armed, to be away prohibited and upcustomed 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 jus. tice 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 assen

bled and armed, in order to be assisting in the clandeatine running prohibited or uocustomed 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 ofiender convicted 501. 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 6 or the two next jus. tices of peace, of such person being killed)' shall have 501. øver any other reward. 3. 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 501. for every offender convicted,and be discharg. ed of such offence. s. 12.

And it is further enacted by 19 Geo. 2. c. 34. s. 1. (made And three or perpetual by 43 Geo. 3. c. 157), That if any persons to more armed to

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 prohibitthe 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 order to such exportation, or in the running, landing or carrying bited of unica away 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 cer

tificate, or resupon debeature 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 preitended, 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 ;

2, Or in case any persons to the number of three or more o: three so 50 armed, shall be so aiding or assisting ;

armed being

aiding, 3, Or if any person shall have his face blacked, or wear

or any person any vizard, mask, or other disguise when passing with such being disguied goods ;

while passing 4, Or shall forcibly hinder, obstruct, assault, oppose, or

* And by 28 Geo. 3. c. 38. 8. 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 sevea years, and returning before is felony without benefit of clergy. See This clause more full, under article Wool," in sec. II. supra.

resist any of the officers of the customs no excise or other re

venue, in the seizing or securing any such goods*. or woundingany 5. Or if any person shall maim or dangerously wound any oficer attemp- officers of customs, excise, or other revenue, in attempting hoard, or shoot to go on board any ship or vessel within the limits of any of the alig bím 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 exc.

cution of his office; felony without Then every person so offending, being thereof convicted, benetit of cler-shall be guilly of felony + without benefit of clergy. s. 1. RV:

6. And by 24 Geo. 3. sess. 2. c. 47, if any person on the Persons shootang at any ves

shore, or on board any ship, vessel, or boat, shall maliciously sei in the navy, shoot at any ship, vessel, or boat, belonging to the nary, or customs or ex-in the service of the customs or excise, within the limits of any cise, port in Great Brilain, or within four leagues from any part of

the coast thereof; or shocting at

7. Or if any person being on shore, or on board any ship, or wounding

shall maliciously shoot at, maiin, 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;

8. Or shall maliciously shoot at, maim, or wound any per. or persons acting in their aid, son aiding such officer : telony without Every person so offending, and every person aiding there. clergy. in, shall be guilty of felony, without benefit of clergy. s. 11. Such offenders

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 ed, to surrender on pain of at- of peace, or justice of the King's Bench ; by information of carnier. one person upou oath, such justice, before whom such infor.

mation 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. c. 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 lauds.

s. 5.

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