the gazette, to the lord chief justice or any other of the justices of the 19 G. 2. c. 34. King's Bench or to some justice of the peace, who shall, upon such offender surrendering himself, commit him to gaol, to answer the charge against him according to due course of law; which order the clerks of the privy council shall cause to be forthwith published in the two successive gazettes, and to be transmitted to the sheriff of the county where the offence was committed; who shall in 14 days cause the same to be proclaimed between ten in the morning and two in the afternoon in the market places, on the market days of two market towns in the same county, near the place where the offence was committed; and a copy of the order shall be affixed on some public place in the said towns: and if such offender shall not surrender pursuant to such order, or if he shall escape after surrender, he shall, from the day appointed for his surrender, be taken to be convicted and attainted of felony without benefit of clergy. 24 G. 3. sess. 2. c. 47. § 12. See 52 G. 3. c. 143. post, end of § 3.

And by 19 G. 2. c. 34. § 3. 24 G. 3. sess. 2. c. 47. § 13. If any person after the time appointed for surrender shall knowingly harbour, receive, conceal, aid, abet, or succour such offender, he shall, on prosecution within one year, and conviction thereof, be guilty of felony, and transported for seven years.

And by 19 G.2. c. 34. § 10. Every person who shall take, or discover Rewards for so that he may be taken, any person so advertised and not surrendering, apprehending. and cause him to be brought before a judge of the King's Bench or Justice of the peace for London or Middlesex (who shall commit him to Newgate), shall receive 500l. for every such person so apprehended, in one month after execution awarded, from the commissioners of the customs or excise respectively and if any offender, against whom no such order of council shall have been made, shall himself so discover or apprehend any other against whom such order hath been made; he shall be acquitted of all such his own offences for which no prosecution is then commenced, and shall also have his share of the reward: and if any person shall lose a limb or an eye, or be otherwise grievously maimed or wounded in apprehending or pursuing such offender, he shall receive 501. over and above such other reward as he may have as apprehender by this act and if any person shall be killed in apprehending or pursuing, his executors or administrators shall receive 100l.

§ 4. Nothing herein shall prevent ministers of justice from taking such offender by the ordinary course of law; but if he shall be taken before the expiration of the time limited for his surrender, no further proceedings shall be had upon the order made in council, but the offender shall be brought to trial by course of law. 24 G. 3. sess. 2. c. 47. § 14.

See

§ 11. And if any offender, before such order for his surrender, shall discover two or more accomplices so as they be convicted, he shall receive 501. for each, and be discharged of all such his own offences, for which no prosecution shall be then commenced.

With respect to the proceedings on this clause of the statute, Case of John see the case of John Harvey, Fost. 51. in which the court said, This Harvey, ́is a very penal law, and it would be of dangerous consequence to Fost. 51. give the sheriff a greater latitude than the legislature intended to give him. Some latitude it did intend to give, and therefore did not

4 Blac. Com. 155.

Felonies may be tried in any county.

52 G. 3. c. 143. Offences against

revenue laws

how punishable.

Punishment for assisting with arms in the ille gal exportation of wool or other goods, or in opposing.

rendered the execution of the act difficult, and subject to great niceties. But the law did not intend to leave the matter wholly to the discretion of the sheriff, and therefore it requireth that it be done in the market towns (comparatively) near the place.

Note. This act of the 19 G. 2. c. 34. was at first but temporary; and it having been doubted whether this part relating to the surrender upon proclamation were not expired, because the several acts which had continued the same from time to time did not continue the whole, but only so much thereof as related to the punishment of the offenders, and not to the extraordinary method of apprehending or causing them to surrender; therefore it was declared and enacted by the 19 G. 3. c. 69. § 23. that all and every the orders and directions relative to the surrender, proclaiming, apprehending, harbouring, and punishing offenders were continued and re-enacted by the said several acts of continuance, and might be lawfully exercised and used accordingly.

And by the 28 G. 3. c. 23. so much of the said act of 19 G. 2. c. 34. as relates to the further punishment of persons going armed, in defiance of the laws of customs or excise, &c. is further continued till 29th Sept. 1795, and by the 43 G. 3. c. 157., made perpetual.

By 19 G. 2. c. 34. § 5, and 43 G. 3. c. 157. § 2. Offences relating to the customs or excise, made felony by any act of parliament, may be tried in any county; but the attainder shall work no corruption of blood, loss of dower, or forfeiture of lands.

By stat. 52 G. 3. c. 143. § I. After reciting it to be expedient that the provisions in any laws then in force for collecting his majesty's revenue in Great Britain, whereby the penalty of death is imposed for any act done in breach of or in resistance to the said laws, or any of them, should be amended and reduced into one act; it is enacted, that in all cases where any act to be done or committed after the passing of this act, in breach of or in resistance to any part of the laws for collecting his majesty's revenue in Great Britain, would by the laws now in force subject the offender to suffer death, as guilty of felony, without benefit of clergy, by virtue of the said laws, or any of them, such act, so to be done or committed, shall be deemed and taken to be felony with benefit of clergy, and punishable only as such, unless the same shall also be declared to be felony without benefit of clergy by this act.

§ 11. If any persons, to the number of three or more, armed with fire arms or other offensive weapons, shall hereafter within Great Britain, or within the limits of any port, harbour, or creek thereof, or within the Isle of Man, or within the limits of any port, harbour, or creek thereof, be assembled in order to be aiding and assisting in the illegal exportation of wool or other goods prohibited to be exported; or in the carrying of wool or other such goods in order to such exportation; or in the illegal running, landing, or carrying away prohibited or uncustomed goods, or goods liable to pay any duties which shall not have been paid or secured; or in the illegal relanding of any goods. whatsoever, which shall have been shipped or exported upon debenture or certificate, or from any warehouse wherein such wool or other goods shall have been deposited under any act of parliament for the securing the home consumption duties. thereon; or in rescuing or taking away any such wool or other goods as aforesaid after seizure from any officer of the customs or

excise, or other officer authorized to seize the same, or other person 52 G. 3. c. 143. employed by him or assisting him, or from the place where the § TI. same shall have been lodged by him; or in rescuing any person who shall have been apprehended for any of the offences made felony by any act relating to the revenues of customs or excise of Great Britain,

or in preventing the apprehending any person who shall have been

guilty of any such offence; or in case any persons, to the number or being so of three or more, so armed as aforesaid, shall hereafter within aiding or assistGreat Britain, or within the limits of any port, harbour, or creek ing. thereof, or within the Isle of Man, or within the limits of any port, harbour, or creek thereof, be so aiding or assisting; or if any person And any person shall maliciously shoot at or upon any ship, vessel, or boat belong- shooting at a ship ing to his majesty's navy, or in the service of the customs or excise, or boat. within the limits of any port, harbour, or creek of Great Britain, or within the Isle of Man, or within the limits of any port, harbour, or creek thereof, or in any port of the British or Irish channels, or on the high seas within one hundred leagues of the coast of Great Britain or Ireland; or if any person shall, either on shore or on the And any person water, within the limits last aforesaid, maliciously shoot at, maim, shooting at, or dangerously wound any officer or officers of his majesty's army, maiming, &c. navy, marines, militia, or volunteers, or any other his majesty's any officer, &c. military or naval forces, or of the customs or excise, or any other person or persons aiding or assisting any such officer or officers when acting in the due execution of his or their duty under any of the powers, authorities, or provisions of any act relating to the revenues of custom or excise of Great Britain, or of any act for the prevention of smuggling; every person so offending, and every person aiding, abetting, or assisting therein, shall, being thereof convicted, be adjudged guilty of felony, and shall suffer death as a felon, without Guilty of felony benefit of clergy; and every such offence which shall be committed without benefit within any port, harbour, creek, haven, or roadstead of Guernsey, of clergy. Jersey, Alderney, Sark, or Man respectively, the same may and shall be enquired of, tried, and determined in the said islands respectively; and every such offence committed elsewhere out of the united kingdom may and shall be enquired of, tried, and determined, in any county of the united kingdom; and every such offence committed within England, Scotland, or Ireland respectively, may and shall be enquired of, tried, and determined within such part of the said united kingdom in which such offence shall have been respectively committed, but in any county or shire of such part of the said united kingdom, in such manner and form as if the offence had been committed in the county or shire in which the same shall be enquired of, tried, and determined.

§ 12. If any person shall be charged by information on oath Proceedings in before any justice of the peace, or other person competent to take cases of shooting such information in any part of the united kingdom, with being or wounding, &c. guilty of so assembling, aiding, or assisting, or of so maliciously shooting, maiming, or wounding as aforesaid, within the limits herein-before respectively specified, in any case wherein any such officer as aforesaid, or any person aiding or assisting any such officer in the execution of his duty as aforesaid, shall have been killed, such information shall be forthwith certified by the justice or other person taking the same under his hand and seal, to one of his majesty's principal secretaries of state, who shall forthwith lay the

§ 12.

52 G. 3. c. 143. thereupon, if he shall so think fit, by his order in council, require and command the person so charged with such offence, that he do, within the space of 60 days, or such longer time as to his majesty shall seem fit, after the publication of such order in the London: Gazette, surrender himself to the lord chief justice, or any other justice of the King's Bench, or to any justice of the peace, or other person competent to take such surrender as in such order shall be specified; and may further order and require such order to be proclaimed by the sheriff of the county where the offence shall have been committed, if committed within any county of the united kingdom, and if not committed within any such county, then by the sheriff of any county near to the place wherein the offence shall have been committed; and the clerks of his majesty's privy council shall cause such order to be forthwith printed and published in the London Gazette, and such publication to be repeated once in every week after such first publication, until the expiration of the said sixty days, or such other time as shall be appointed by such order for the surrender of such offender, and shall also cause a copy of such order, attested by the signature of one of the said clerks, to be transmitted to the sheriff of the county specified in such order, who shall, within fourteen days after the receipt of such copy, cause the same to be proclaimed between the hours of ten in the morning and two in the afternoon, in the respective market places, upon the respective market days of two market towns in the same county, if there shall be two such towns; and if there shall be only one such town, then in such town, and in some other place of general resort within such county, and shall also cause a true copy of such copy of such order to be affixed upon some public place in each of such market towns or other place where such proclamation shall be made; and if the person charged with such offence as aforesaid, shall surrender himself according to such order, the justice or other person to whom he shall so surrender, shall commit him to some gaol or prison within the limits of his jurisdiction, to be there dealt with according to law; but if such person so charged and proclaimed as aforesaid, shall not so surrender himself within the time limited in such order, or shall after surrender and before trial for such offence escape from justice, such person shall, from the day appointed for such surrender, be adjudged to be a person attainted of felony, and shall suffer death as a felon, without benefit of clergy, if the offence shall be charged to have been committed in England, or within the limits of any port, harbour, or creek in England or Ireland, or within one hundred leagues of the coast thereof; and it shall be lawful for the court of King's Bench, or the justices of oyer or general gaol delivery, or great sessions, for the county or place where such offender shall be, to award execution against such offender, in such manner as if he had been convicted and attainted in the said court of King's Bench, or before such justices of oyer and terminer, or general gaol delivery or great sessions respectively; and if the offence shall be charged to have been committed in Scotland, or within any port or harbour, or creek thereof, or within one hundred leagues of the coasts thereof, such offender shall in the like case be adjudged, deemed, and taken to be convicted of a capital crime, and shall suffer the pain of death, and confiscation of moveables, as in the case of a person found guilty of a capital crime and under sentence for the same; and it shall be lawful for

Felony without clergy.

Execution may be awarded.

the court of justiciary, or the lords of justiciary in their circuits in Scotland, to award execution against such offender, in such manner as if he had been found guilty and condemned in the said courts of justiciary or circuit courts respectively.

By stat. 19 G. 3. c. 69. § 10 & 12. If any person shall assault 19 G. 3. c. 69. or obstruct any officer of the customs or excise in seizing uncus- Obstructing of ficers in seizing tomed or prohibited goods; or shall rescue or cause to be rescued, prohibited goods. or attempt the same; or, after seizure, shall destroy or damage any casks, vessels, boxes, or package wherein the same shall be contained; such officers, and all persons acting in their aid, may arrest the offender, and forthwith carry him before a justice near to the place where the offence shall be committed; and the justice shall, if he see cause, commit him till the next general quarter sessions, where, if he shall be convicted, he shall, in lieu of any other punishment under any other act for the same offence, be committed to the house of correction to hard labour, for a term not exceeding three years, nor less than one.

navy,

And by 24 G. 3. sess. 2 c. 47. § 15, 16. If any officer of the customs, or excise, shall be hindered, opposed, obstructed, or assaulted in the due execution of his office [or other person acting in his aid or assistance, 34 G. 3. c. 50. §. 5.] by any person whatsoever; the offender and all persons acting in his aid shall be carried before a neighbouring justice, who may commit him to gao! until the next general gaol delivery, or until delivered by due course of law; and in case an indictment shall be found against him or them, he or they shall plead thereto, without having time to traverse the same, as is usual in cases of misdemeanor; and upon conviction, shall be sentenced to hard labour on the river Thames, or other navigable river, for any term not exceeding three years, according to provisions of 19 G. 3. c. 74.; or such court may order commitment to the common gaol or house of correction for a term not exceeding three years. But if the offence fall within the provisions of 19 G. 3. c. 69., such justice may commit such offender to gaol until the next quarter sessions, to be tried and punished as by that act directed.

And by stat. 57 G. 3. c. 87. § 9. Reciting that "whereas further provision is necessary for the protection of officers in the execution of their duty," it is enacted, "that if any officer or officers, or other person or persons in the said act of the 56th year aforesaid or this act mentioned, or other person or persons acting in their aid or assistance, being on shore or going on board, or being on board or returning from on board any ship, boat, or vessel liable to search under any law or laws now in force relating to his majesty's revenue of customs or excise, shall be hindered, opposed, molested, or obstructed in the due execution of his or their office or duty by any person or persons whatsoever, every person or persons so hindering, opposing, molesting, or obstructing such officer or officers, or other person or persons in the due execution of his or their office or duty, or so hindering, opposing, molesting, or obstructing any other person or persons acting in their or any of their aid or assistance, and also every person and persons aiding and assisting any such person or persons in the commission of any such -offence, shall forfeit and lose the sum of 2001."

By 26 G. 3. c. 77. § 18. Whenever any person shall be charged with assaulting or obstructing any officer of the customs or excise

24 G. 3. c. 47. In the execution of their office.

57 G. 3. c. 87. Penalty on per sons obstructing officers, 2001.

56 G. 3. c. 104.

26 G. 3. c. 77. When a warrant may be granted by a justice of