Any person in company with four others, found with goods liable to forfeiture, or in com pany with one other person, car rying arms or disguised, Persons asasaulting officer by force or violence, may be transported, &c. LVIII. And be it further enacted, that if any person, being in company with more than four other persons, be found with any goods liable to forfeiture, under this or any other act relating to the revenue of customs or excise, or in company with one other person within five miles of any navigable river, carrying offensive arms or weapons, or disguised in any way, every such person shall be adjudged guilty of felony, and shall, on conviction of such offence, be transported as a felon for the space of seven years; and if such offender shall return into the united kingdom before the expiration of the said seven years, he shall suffer as a felon, and have execution awarded against him as a person attainted of felony, without benefit of clergy. LIX. And be it further enacted, that if any person shall by force or violence assault, resist, oppose, molest, hinder, or obstruct any officer of the army, navy, or marines, being duly authorized and on full pay, or any officer of customs or excise, or other person acting in his or their aid or assistance, or duly employed for the prevention of smuggling, in the due execution of his or their office or duty, such person, being thereof convicted, shall be adjudged a felon, and shall be transported for seven years, or sentenced to be imprisoned in any house of correction or common gaol, and kept to hard labour, for any term not exceeding three years, at the discretion of the court before whom the offender shall be tried and convicted as aforesaid. LXXVIII. And be it further enacted, that any indictment or information which shall be found or prosecuted for any offence against this or any other act relating to the revenue of customs, shall and may be inquired of, examined, tried, and determined, in any county of England in such manner and form as if the offence had been committed in the said county where the said indictment or information shall be tried. CII. [Enacts that, if any goods shall be seized, &c., proof of the duties having been paid, shall lie on the claimer.] CIV. And be it further enacted, that in case of any information or proceedings had under this or any other act relating to the revenue of customs, the averment that the commissioners of his majesty's customs or excise have directed or elected such information or proceedings to be instituted, or that any vessel is foreign or British, or that any person detained is not a subject of his majesty, or that any person detained is not a seaman or seafaring man, or fit and able to serve his majesty in his naval service, or that any person is an officer of the customs, shall be sufficient, without proof as to such fact or facts, unless the defendant in such case shall prove to the contrary. CV. And be it further enacted, that if upon any trial a question shall arise whether any person is an officer of the army, navy, or marines, being duly authorized and on full pay, or officer of customs or excise, evidence of his having acted as such shall be deemed sufficient, and such person shall not be required to produce his commission or depu. tation, unless sufficient proof shall be given to the contrary; and every such officer, and any person acting in his aid or assistance, shall be deemed a competent witness upon the trial of any suit or information, on account of any seizure or penalty, as aforesaid, notwithstanding such officer or other person may be entitled to the whole or any part of such seizure or penalty. CVI. [Provides that the power, authority, and protection given by this act shall not extend to officers of the army, navy, or marines, unless on full pay, and duly employed for the prevention of smuggling.] Note.-On a prosecution under the fifty-sixth section of this statute, the weapons must be proved to be such as may properly be called of fensive: Hutchinson's case, 1 Leach, 342. It seems that a person catching up a hatchet accidentally, during the heat of an affray, was not armed with an offensive weapon, within the meaning of one of the repealed acts: ib. But this construction of the statute arose from the circumstances which attended the commission of the act; for bludgeons, clubs, and any thing that is not in common use for any other purpose, but a weapon, are clearly offensive weapons within the meaning of the statute: ib. The 50th section of this act relates to the malicious shooting at any vessel, &c. or any officer, &c. upon a clause in one of the repealed statutes (52 Geo. 3, c. 143, s. 11), which contained an enactment nearly similar: it was determined that, where a custom-house vessel had chased a smuggler, and fired into her, without hoisting the exact sort of pendant and ensign then required by statute, the returning such fire was not malicious: R. v. Reynolds, R. & R. 465. TRIAL. 1. WHERE HELD, 573. 2. PROCEEDINGS AT, 581. 26 Hen. 8, c. 6. shall be VI. Be it enacted, that all sessions and courts hereafter All courts to be holden within Wales, or the lordships marchers of kept within the same, shall be kept within the most sure and peaceable most sure place within the said lordship marcher, where the said places. justice, steward, or other officer shall appoint; and for the punishment and speedy trials, as well of the counterfeits of any coin current within this realm, washing, clipping, or minishing of the same, as of all and singular felonies, murthers, wilful burning of houses, manslaughters, robberies, burglaries, rapes, and accessaries of the same, and other offences feloniously done, perpetrated, and committed, or hereafter to be done, perpetrated, and committed, within any lordship marcher of Wales: be it enacted, by the authority aforesaid, that the justices of the gaol delivery and of the peace, and every of them for the time being, in the shire or shires of England, where the king's writs runneth next adjoining to the same lordship marcher, or other places in Wales, where such counterfeiting, washing, clipping, or minishing of any coin current within this realm, or murther, hath been, or hereafter shall be, committed or done, or where any other felonies or accessaries shall be hereafter committed, perpetrated, or done, shall have from henceforth full power and authority, at their sessions and gaol delivery, to inquire by verdict of twelve men, of the same shire or shires next adjoining within England, where the king's writ runneth, there to cause all such counterfeiters, washers, clippers of money, felons, murtherers, and accessaries to the same, to be indicted according to the laws of this land, in like manner and form as if the same petit treasons, murthers, felonies, and accessaries to the same had been done, commmitted, or perpetrated within any of the said shires within the said realm, and also to hear, determine, and judge the same, according to the laws to this realm. Bench by &c. if the venue be aid in the county of any city or town corporate in England, &c. the court may 38 Geo. 3, c. 52. Indictments Whereas there at present exists, in the counties of cities removed in- and of towns corporate within this kingdom, an exclusive to the King's right, that all causes and offences which arise within their certiorari, particular limits should be tried by a jury of persons residing within the limits of the county of such city or town corporate; which ancient privilege, intended for other and good purposes, has in many instances been found, by experience, not to conduce to the ends of justice; and whereas it will tend to the more effectual administration of justice, in certain cases, if actions, indictments, and other proceedings, the causes of which arise within the counties of cities and towns corporate, were tried in the next adjoindirect the ing counties: in order therefore to remedy this mischief for issue to be tried by the future, be it enacted, &c., that, from and after the a jury of the passing of this act, in every action, whether the same be County next transitory or local, which shall be prosecuted or depending adjoining. in any of his majesty's courts of record at Westminster, and in every indictment removed into his Majesty's Court of King's Bench by writ of certiorari, and in every information filed by his majesty's attorney or solicitor-general, or by the leave of the Court of King's Bench, and in all cases where any person or persons shall plead to or traverse any of the facts contained in the return to any writ of mandamus, if the venue in such action, indictment, or information, be laid in the county of any city or town cor porate within that part of Great Britain, called England, or if such writ of mandamus be directed to any person or persons, body politic and corporate, that it shall and may be lawful for the court in which such action, indictment, information, or other proceeding shall be depending, at the prayer and instance of any prosecutor or plaintiff, or of any defendant, to direct the issue or issues joined in such action, indictment, information, or proceeding, to be tried by a jury of the county next adjoining to the county of such city or town corporate, and to award proper writs of venire and distringas accordingly, if the said court shall think it fit and proper so to do. dictment for town cor II. And be it further enacted by the authority aforesaid, Bills of inthat it shall and may be lawful for any prosecutor or pro- offences secutors to prefer his, her, or their bill or bills of indict- committed ment, for any offence or offences committed, or charged to within the be committed, within the county of any city or town cor- county of porate, to the jury of the county next adjoining to the any city or county of such city or town corporate, sworn and charged porate may to inquire for the king for the body of such adjoining be prefercounty, at any sessions of oyer and terminer, or general jury of gaol delivery; and that every such bill of indictment, the county found to be a true bill by such jury, shall be valid and next adeffectual in law, as if the same had been found to be joining. true bill by any jury sworn and charged to inquire for the king for the body of the county of such city or town corporate. a red to the found by a be filed with the proper joining county, and III. And be it further enacted by the authority afore- Indictments said, that if it shall appear to any court of oyer and ter- grand jury miner, or general gaol delivery, for the county of any city of the or town corporate, that any indictment found by any grand county of jury of the county of such city or town corporate, or any &c., may be any city, inquisition taken before the coroner or coroners of the ordered by county of such city or town corporate, or other franchise, the court is fit and proper to be tried by a jury of any next adjoin- there, to ing county, that it shall and may be lawful for the said court of oyer and terminer, or general gaol delivery, at officer of the the prayer of any defendant, to order such indictment or next adinquisition, and the several recognizances, examinations, and depositions relative to such indictments and inquisi- the defentions, to be filed with the proper officer, to be by him kept dant re among the records of the courts of oyer or terminer, and moved to the gaol general gaol delivery, for such next adjoining county, thereof, &c. and to cause the defendant or defendants in such indictment to be removed, by writ of habeas corpus, to the gaol of such next adjoining county; which writ the said court is hereby directed and authorized to issue, if such defendant or defendants be in the prison of such city or town corporate; and if he, she, or they, be not in such prison, to commit such defendant or defendants to the gaol of such next adjoining county, and to cause the prosecutors The judges application of the pro secutor cause per sons in cus in the coun ty of any city, &c. to be removed into the custody of the sheriff of the next adjoining county for trial, &c. and witnesses against such defendant or defendants to enter into a recognizance or recognizances to prosecute and give evidence against such defendant or defendants at the sessions of oyer and terminer, and general gaol delivery, for such next adjoining county; and that the same proceedings and trial shall be had, and the same judg ment shall be given, in such last mentioned court of oyer and terminer, or general gaol delivery, as would and might be had and given in cases of indictments or inquisitions for the like offences, committed within such next adjoining counties. IV. And be it further enacted by the authority aforesaid, of the K. B., that it shall and may be lawful for any of the judges of &c., may on his majesty's court of king's bench, or any of the justices of oyer and terminer, or general gaol delivery, for such next adjoining or other county as aforesaid, on the application of any such prosecutor or prosecutors, ten days tody for of next before the holding of any sessions of oyer and terfences com- miner, or general gaol delivery, for such last mentioned mitted with- county, by proper writs of habeas corpus, which they are hereby empowered and authorized to issue, to cause any person or person who may be in the custody of any sheriff or sheriffs, or of the keepers of any gaol or prison, charged with any offence or offences committed within the county of any such city or town corporate, to be removed into the custody of the sheriff of such next adjoining county, in order that he, she, or they may, for such offence or offences as aforesaid, be tried in such last mentioned county; and by order under the hand of any one of the said judges or justices of oyer and terminer, and general gaol delivery, to direct the coroner or coroners of the county of any such city or town corporate, or other franchise, to return to the next court of oyer and terminer, or general gaol delivery, to be holden for such next adjoining county, any inqui sition or inquisitions, examination or deposition, taken, touching the death of any person or persons within the limits of his or their jurisdictions; and that whenever, in pursuance of this act, any bill or bills of indictment shall be found by such grand jury as aforesaid, against any person or persons, for any offence or offences committed or charged to be committed within the county of any city or town corporate, that it shall and may be lawful for the said courts of oyer and terminer, and general gaol delivery, to issue process for apprehending the person or persons against whom such bill or bills of indictment shall be found, if not in custody, and to compel the attendance of witnesses upon the trial of such indictments, in like manner as in cases of indictments found in any such court of oyer and terminer, or general gaol delivery, for offences committed within such adjoining counties. Recogni. V. And be it enacted by the authority aforesaid, that zances. |