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Justices of

peace to take cognizance of offences on the Ligh seas.

to officers of

army, navy, or

majesty the amount of the sum or sums in which he, she, or they may have been convicted, after deducting the sum or paid according to such mitigation as aforesaid; and where m recognizance or recognizances shall become forfeited, the of court, or any justice or justices of the peace, by warrant, apprehend such offender or offenders; and in case he, she, ir they shall not forthwith pay the sum or sums, according to sui recognizance or recognizances, may levy the same upon the good and chattels of the offender or offenders, or commit such offender or offenders to gaol, for twelve months, or until such sum or sums be paid. s. 43.

And doubts having arisen whether justices of the peace un take cognizance of offences and of forfeitures committed or arising on the high seas, and without the limits of the county, in whic they act as justices of the peace; in all cases in which any tice or justices are empowered to take cognizance of any fence, or forfeiture in this or any act or acts relating to them venne of customs or excise, it shall be lawful for any ju or justices for the county, city, town, or place, within which the port or place into which any ship, vessel, boat or goods any person or persons shall be taken, brought, or carried, usder any act or acts relating to the revenue or customs or exis shall be situated, to take cognizance of such offence or f ces committed against the said act or this act, or such forfeh or forfeitures as if the same had been committed, or the forfeiture or forfeitures had been incurred on land within respective jurisdiction of such justice. s. 44.

Persons offer- If any person or persons whatever shall give, offer, or pr ing bribes, &c. mise to give any bribe, recompence, or reward to, or mak? collusive agreement with, any commissioned or non-comi quarines, to for- or warrant officer of army, navy, or marines, to do, concral connive at any act by which his majesty might be defended is his revenue of customs and excise, whether accepted or every such person shall forfeit the sum of one hundred pound

feit 1001.

8. 47.

Secretary at war may order the pay, pensions,

SOLDIERS.

Vol. IV. p. 577.

By 47 Geo. 3. sess. 2. c. 25, The secretary at war and joy. master.general may order and direct the pay, pensions, &c. Allowance to officers or persons who have served in the forces, or widows or persous receiving any allowance on the compassionate or any pension, allowance, or relief, in respect of any mary

to officers and w.dows, &c. to

ervice to be paid at or near the places of their residence, by be paid at their Dersons appointed to pay the same, subject to such rules and places of resiegulations and upon such vouchers and receipts as shall be dence, &c. stablished by the commissioners of Chelsea hospital, or other egulations by the secretary at war or pay master-general, who re empowered to make such rules and regulations as may be equisite. The commissioners of the treasury may direct such ay, pensions, &c. to be paid by the receiver-general of the and tax. And all assignments, &c.of such pay, pension, &c.to be oid and to be paid without any deduction under the penalty f 50%. 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 perlsely assume the name or character of, or procure any other sons entitled to erson to personate or falsely assume the name or character of pay, felony and transportation. by 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. s. 7.

&c.

If any person shall knowingly and wilfully forge or counter- The like 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, 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 all utter any such, knowing the same to be forged or counterted 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. are authorized to administer, and upon ing satisfied of the truth to testify the same upon the back the certificate or voucher.-Persons wilfully and corruptly Fearing falsely, to be subject to the like penalties as in cases perjury. s. 19.

STORES.

Vol. IV. p. 697.

41, s. 2, of

One convicted upon the stat. 9 & 10 W. 3. c.
ving unlawfully in his possession, or concealing the king's
val stores, cannot since the stat. 39 & 40 Geo. 3. c. 89. s. 2.
sentenced to hard labour, the K. v. Bridges, Mich. 47 Geo.
The defendant was brought up for judgment, after conviction on
e 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 during that time publicly whipped; this would have been warranted i 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 t subsequent stat. of the 39 & 40 Geo.3. c.89. s.2.; the court up further consideration, and comparing the different provisions the statutes, were of opinion that the power of sentencing to 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 f three calendar months, and be once during that time publicly : whipped. 8 East. 53.

VOLUNTEERS.

Vol. IV. p. 1088.

Volunteer drill serjeants though subject to the regulations of the mutiny act, for trial and punishment by volunteer courts martial according to the stat. 44 Geo. 3. c, 54. §, 21, are not privileged from arrest for debts under 201. as regular soldiers. Richman v. Studwick, Mich. 47 Geo. 3. Upon a rule is for discharging on common,bail the defendant who had been arrested for a debt under 201., the question was, whether a drill serjeant in a volunteer corps being sworn and receiving constant pay described in the stat. 44 Geo. 3. c. 54. s. 20, 21, were intitled to the privilege from arrest given to soldiers in the regular ar my by the mutiny act? In support of the rule it was coated ed in the affirmative, because, being put on the same loqua, and subjected by the 21st section to the same trial and punis ment,it must have intended to have given him the same privile which consequence was denied, and the 23d section referred to, which expressly subjects volunteer Corps, in certain casts only to the provisions of the mutiny act. And of the like op nion was the court. Lord Ellenborough, Ch. J. observing th the mutiny act attached only on persons enlisted, but d serjeants in volunteer corps are by the act in questing y subject to the regulations of the mutiny act, so far as relate to trials and punishment by court martial composed of yas manry or volunteer officers for the purpose of securing th obedience; but the mutiny act does not extend to them for othe purposes than those there mentioned, Rule discharged.

East 105.

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INDEX.

ABATEMENT of indictment-by misnouter, or want of

addition, iii. 455. Plea in, for misnomer or want of addi
tion, iii. 461.. Of nuisance, iii. 474.

Abduction of heiress, ii. 429.

Abettors, i. 1.

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Acceptance of bills of exchange, forging, ii. 391. See Felony
without clergy.mines bus 140 141 1496

Accessaries, 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 the accessary can never rise higher than that of the
principal, 8. Accessaries before the fact,ib. Accessaries after the
fact, 11. How accessaries are to be proceeded against, as distinct
from the principal, 15. How far bailable, 16. How far dis-
charged by acquittal of the principal, ib. Outlawry of ac.
ib. Indictment and arraignment of accessary, 20.
cessary,
Where accessaries before the fact may be tried, 22. Princi-
pal to be first tried, ib. 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
saries are, within clergy or without clergy. See Felony,
ccomplices, discovery by, i. 179. Evidence of, i. 759. Par-
don of, i. 179, 180. See Approver, Pardon.
ccident, homicide by, ii. 830.

ccroaching, royal power, ii. 882.

Acts of Bankruptcy, i. 279. Of parliament, iii. 609.
Actions, popular. See Informations.

Additions, iii. 455. See Misnomer and Addition.
Adherence to the king's enemies, iv. 992.

Adjournment of sessions, iii. 1040.

Ad quod Damnum, writ of, li. 741.

Advertising rewards for stolen goods, ii. 466.
Affeerors of amercements, i. 673. iii. 157.

Affrays, i. 27. How they may be suppressed by private per
sons, i. 30. How by constables, i. 31. How by a justice of
peace, i. 32. How punished, i. 33. Form of a warrant
against affrayers, i. 34. Form of an indictment for an af
fray, i. 35.

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Agnus Dei, iii. 886.

Aid given to felons. See Accessary.

Alamodes and lutestrings. Penalty on importing, ir, 494.
Ale and beer, See Excise.

Ale-houses, i. 36. For what purposes inos and ale-houses art
allowed, and who may keep the same, 37. Must be licensed
and recognizances entered into to preserve order therein,
Of licensing same, and entering into recognizances, 41.
Mandamus will not lie to compel justices to grant licence.
42. Duties payable by licensed victuallers, 47. Form of
licence, 48. Selling ale or exciseable liquors without licesor,
55. Form of information, 56. Summons and proceedings
thereon. 57. Suppression of ale-houses, and forfeiture of re-
cognizance, 71. Selling ale in fairs, 73. Tippling and
drunkenness, 74. Permitting persons to remain tippling,
ib. Persons getting drunk, 76. Conviction and proceed.
ings thereon, 77, 78, 79. Ale-house keepers suffering gan
ing by servants, 80. Penalty on servants gaming, ib. Quar
tering of soldiers, 82. Soldiers to be furnished with diet and
small beer, 84. What may be allowed in lieu thercof, ib.
The measures
Rates to be allowed innkeepers for diet, 85.
by which ale and beer are to be retailed, 89. Penalty on
selling in vessels not marked, ib. The price of ale and beer,
90. The duties of an innkeeper, and of refusing to entertain
a guest, 91. Where innkeepers shall be chargeable for things
lost, 92. Who shall be deemed guests, 94. The innkeeper's
Cremedy against his guest, 95. General power to detain, .
Guest stealing goods, 97. Debt for spirituous liquors an
der 40s. not recoverable, ib. Nor any pledge to be taken on
penalty of 40s. ib. How far liable to the bankrupt laws,
i. 275. 277. Ought not to be farmers of the tolls, IL 799.
Penalty ouale.housekeepers: harbouring smugglers, r

561.

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Aliens, i: 98. Not leaving the kingdom when ordered, may
be committed and sent out of the kingdom, and returning
without licence, to be transported, ib, Penalty on aliens

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