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Justices to issue war rants for the apprehen

sion of offenders.

Where offences shall be tried.

Guernsey, Alderney, or Sark, with intent to serve as an Officer, Soldier, Sailor, or Marine, contrary to the provisions of this Act, after the said first day of August, or shall embark or proceed from some port or place out of the United Kingdom, or the Islands of Jersey, Guernsey, Alderney, or Sark, with such intent as aforesaid, after the said first day of November, or who shall, before the passing of this Act, and within the said United Kingdom, or the said Islands, or before the first day of November one thousand eight hundred and nineteen, in any port or place out of the said United Kingdom, or the said Islands, have hired, retained, engaged, or procured, or attempted or endeavoured to hire, retain, engage, or procure, any person or persons whatever, to enlist or to enter, or to engage to enlist or to serve, or be employed in any such Service or employment as aforesaid, as an Officer, Soldier, Sailor, or Marine, either in Land or Sea Service, or to go, or agree to go or embark for the purpose or with the intent to be so enlisted, entered, or engaged, or employed, contrary to the prohibitions respectively in this Act contained, any thing in this Act contained to the contrary in any wise notwithstanding; but that all and every such person and persons shall be in such state and condition, and no other, and shall be liable to such fines, penalties, forfeitures, and disabilities, and none other, as such person or persons was or were liable and subject to before the passing of this Act, and as such person or persons would have been in, and been liable and subject to, in case this Act and the said recited Acts by this Act repealed had not been passed or made.

IV. And be it further enacted, That it shall and may be lawful for any Justice of the Peace residing at or near to any port or place within the United Kingdom of Great Britain and Ireland, where any offence made punishable by this Act as a misdemeanor shall be committed, on information on oath of any such offence, to issue his warrant for the apprehension of the offender, and to cause him to be brought before such Justice, or any Justice of the Peace; and it shall be lawful for the Justice of the Peace before whom such offender shall be brought, to examine into the nature of the offence upon oath, and to commit such person to gaol, there to remain until delivered by due course of Law, unless such offender shall give bail, to the satisfaction of the said Justice, to appear and answer to any information or indictment to be preferred against him, according to Law, for the said offence; and that all such offences which shall be committed within that part of the United Kingdom called England, shall and may be proceeded and tried in His Majesty's Court of King's Bench at Westminster, and the venue in such case laid at Westminster, or at the Assizes or Session of Oyer and Terminet and Gaol Delivery, or at any Quarter or General Sessions of the Peace in and for the County or place where such offence was committed; and that all such offences which shall be committed within that part of the United Kingdom called Ireland, shall and may be prosecuted in His Majesty's Court of King's Bench at Dublin, and the Venue be laid at Dublin, or at any Assizes or Session of Oyer and Terminer and Gaol Delivery, or at any Quarter or General Sessions of the Peace in and for the County or Place where such offence was committed; and all such offences as shall be committed in Scotland, shall and may be prosecuted in the Court of Justiciary in Scotland, or any other Court competent to try criminal offences committed within the County,

Shire, or Stewartry within which such offence was committed; and where any offence made punishable by this Act as a Misdemeanor shall be commited out of the said United Kingdom, it shall be lawful for any Justice of the Peace residing near to the port or place where such offence shall be committed, on information on oath of any such offence, to issue his warrant for the apprehension of the offender, and to cause him to be brought before such Justice, or any other Justice of the Peace for such place; and it shall be lawful for the Justice of the Peace before whom such offender shall be brought, to examine into the nature of the offence upon oath, and to commit such person to gaol, there to remain till delivered by due course of Law, or otherwise to hold such offender to bail to answer for such offence in the Superior Court, competent to try and having jurisdiction to try criminal offences committed in such port or place; and all such offences committed at any place out of the said United Kingdom shall and may be prosecuted and tried in any Superior Court of His Majesty's Dominions, competent to try, and having jurisdiction to try criminal offences committed at the place where such offence shall be committed.

Vessels with persons

on board engaged in Foreign Service, may

in His Majesty's do

minions.

V. And be it further enacted, That in case any Ship or Vessel in any port or place within His Majesty's Dominions, shall have on board any such person or persons who shall have been enlisted or entered to serve, or shall have engaged or agreed or been procured to enlist or enter or serve, or who shall be departing from His Majesty's Dominions for the purpose and with the intent of enlisting or entering to serve, or to be employed, or of serving or being engaged or employed in the Service of any Foreign Prince, State, or Potentate, Colony, Province, or part of any Province or People, or of any person or persons exercising or assuming to exercise the powers of Government in or over any Foreign Colony, Province, or part of any Province or People, either as an Officer, Soldier, Sailor, or Marine, contrary to the provisions of this Act, it shall be lawful for any of the principal Officers of His Majesty's Customs where any such Officers of the Customs shall be, and in any part of His Majesty's Dominions in which there are no Officers of His Majesty's Customs, for any Governor or persons having the Chief Civil Command, upon information on oath, given before them respectively, which oath they are hereby respectively authorised and empowered to administer, that such person or persons, as aforesaid, is or are on board such Ship or Vessel, to detain and prevent any such Ship or Vessel, or to cause such Ship or Vessel to be detained and prevented from proceeding to sea on her voyage with such persons, as aforesaid, on board: Provided nevertheless, That no principal Oath to be made as Officer, Governor, or person, shall act as aforesaid, upon such information upon oath, as aforesaid, unless the party so informing shall not only have deposed in such information that the person or persons on board such Ship or Vessel hath or have been enlisted or entered to serve, or hath or have engaged or agreed or been procured to enlist or enter or serve, or is or are departing, as aforesaid, for the purpose and with the intent of enlisting or entering to serve or to be employed, or of serving, or being engaged or employed in such Service, as aforesaid, but shall also have set forth in such information upon oath, the facts or circumstances upon which he forms his knowPedge or belief, enabling him to give such information upon oath; and that

all

to facts and circums stances.

Penalty on Masters

of Ships, &c taking on contrary to this Act,

board persons enlisted

501. for each person.

Penalty on persons

fitting out armed VesOperations with any Foreign Powers with

sels to aid in Military

out licence;

all and every person and persons convicted of wilfully false swearing in any such information upon oath, shall be deemed guilty of and suffer the penalties on persons convicted of wilful and corrupt perjury.

VI. And be it further enacted, That-if any Master or other person having or taking the charge or command of any Ship or Vessel, in any part of the United Kingdom of Great Britain and Ireland, or in any part of His Majesty's Dominions beyond the seas, shall knowingly and willingly take on board, or if such Master or other person having the command of any such Ship or Vessel, or any owner or owners of any such Ship or Vessel, shall knowingly engage to take on board any person or persons who shall have been enlisted or entered to serve, or shall have engaged or agreed or been procured to enlist or enter or serve, or who shall be departing from His Majesty's Dominions for the purpose and with the intent of enlisting or entering to serve, or to be employed, or of serving, or being engaged or employed in any Naval or Military Service, contrary to the provisions of this Act, such Master or owner, or other person, as aforesaid, shall forfeit and pay the sum of fifty pounds for each and every such person so taken or engaged to be taken on board; and moreover every such Ship or Vessel, so having on board, conveying, carrying, or transporting any such person or persons, shall and may be seized and detained by the Collector, Comptroller, Surveyor, or other Officer of the Customs, until such penalty or penalties shall be satisfied and paid, or until such Master or person, or the owner or owners of such Ship or Vessel shall give good and sufficient bail, by recognizance before one of His Majesty's Justices of the Peace, for the payment of such penalty or penalties.

VII. And be it further enacted, That if any person, within any part of the United Kingdom, or in any part of His Majesty's Dominions beyond the seas, shall, without the leave and licence of His Majesty, for that purpose first had and obtained, as aforesaid, equip, furnish, fit out, or arm, or attempt or endeavour to equip, furnish, fit out, or arm, or procure to be equipped, furnished, fitted out, or armed, or shall knowingly aid, assist, or be concerned in the equipping, furnishing, fitting out, or armiug of any Ship or Vessel, with intent or in order that such Ship or Vessel shall be employed in the Service of any Foreign Prince, State, or Potentate, or of any Foreign Colony, Province, or part of any Province or People, or of any person or persons exercising or assuming to exercise any powers of Government in or over any Foreign State, Colony, Province, or part of any Province or People, as a Transport or Store Ship, or with intent to cruise or commit hostilities against any Prince, State, or Potentate, or against the subjects or citizens of any Prince, State, or Potentate, or against the persons exercising or assuming to exercise the powers of Government in any Colony, Province, or part of any Province or Country, or against the inhabitants of any Foreign Colony, Province, or part of any Province or Country, with whom His Majesty shall not or issuing Commissions then be at war; or shall, within the United Kingdom, or any of His Majesty's Dominions, or in any Settlement, Colony, Territory, Island, or place, belonging or subject to His Majesty, issue or deliver any Commission for any Ship or Vessel, to the intent that such Ship or Vessel shall be employed as aforesaid,

for Ships.

aforesaid, every such person so offending shall be deemed guilty of a mis-
demeanor, and shall, upon conviction thereof, upon any information or in-
dictment, be punished by fine and imprisonment, or either of them, at the
discretion of the Court in which such offender shall be convicted; and every
such Ship or Vessel, with the tackle, apparel, and furniture, together with
all the materials, arms, ammunition, and stores, which may belong to or be
on board of any such Shipor Vessel, shall be forfeited; and it shall be lawful
for
any officer of His Majesty's Customs or Excise, or any Officer of His
Majesty's Navy, who is by Law empowered to make seizures, for any for-
feiture incurred under any of the Laws of Customs or Excise, or the Laws
of Trade and Navigation, to seize such Ships and Vessels aforesaid, and in
such places and in such manner, in which the Officers of His Majesty's
Customs or Excise and the Officers of His Majesty's Navy are empowered
respectively to make seizures under the Laws of Customs and Excise, or
under the Laws of Trade and Navigation; and that every such Ship and
Vessel, with the tackle, apparel, and furniture, together with all the mate-
rials, arms, ammunition, and stores, which may belong to or be on board of
such Ship or Vessel, may be prosecuted and condemned in the like manner,
and in such Courts as Ships or Vessels may be prosecuted and condemned
for any breach of the Laws made for the protection of the Revenues and
Custoins and Excise, or of the Laws of Trade and Navigation.

VIII. And be it further enacted, That if any person in any part of the United Kingdom of Great Britain and Ireland, or in any part of His Majesty's Dominions beyond the seas, without the leave and licence of His Majesty for that purpose first had and obtained as aforesaid, shall, by adding to the number of the guns of such Vessel, or by changing those on board for other guns, or by the addition of any equipment for war, increase or augment, or procure to be increased or augmented, or shall be knowingly concerned in increasing or augmenting the warlike force of any Ship or Vessel of War, or Cruizer, or other armed Vessel, which at the time of her arrival in any part of the United Kingdom, or any of His Majesty's Dominions, was a Ship of War, Cruizer, or Armed Vessel in the Service of any Foreign Prince, State, or Potentate, or of any person or persons exercising or assuming to exercise any powers of Government in or over any Colony, Province, or part of any Province or People belonging to the subjects of any such Prince, State, or Potentate, or to the inhabitants of any Colony, Province, or part of any Province or Country, under the controul of any person or persons so exercising or assuming to exercise the powers of Government, every such person so offending shall be deemed guilty of a misdemeanor, and shall, upon being convicted thereof, upon any information or indictment, be punished by fine and imprisonment, or either of them, at the discretion of the Court before which such offender shall be convicted.

IX. And be it further enacted, That offences made punishable by the provisions of this Act, committed out of the United Kingdom, may be prosecuted and tried in His Majesty's Court of King's Bench at Westminster, and the Venue in such case laid at Westminster, in the County of Middlesex.

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How Penalties shall be sued for and recovered

X. And be it further enacted, That any penalty or forfeiture inflicted by this Act, may be prosecuted, sued for, and recovered, by action of debt, bill, plaint, or information, in any of His Majesty's Courts of Record at Westminster or Dublin, or in the Court of Exchequer, or in the Court of Session in Scotland, in the name of His Majesty's Attorney General for England of Ireland, or His Majesty's Advocate for Scotland respectively, or in the name of any person or persons whatsoever; wherein no essoign, protection, privilege, wager of Law, nor more than one imparlance shall be allowed; and in every action or suit the person against whom judgment shall be given for any penalty or forfeiture under this Act, shall pay double costs Limitation of actions of suit; and every ch action or suit shall and may be brought at any time within twelve mons after the offence committed, and not afterwards; and one moiety of every penalty to be recovered by virtue of this Act shall go and be applied to His Majesty, His Heirs or Successors, and the other moiety to the use of such person or persons as shall first sue for the same, after deducting the charges of prosecution from the whole.

Double costs.

Former rules estaGlished by Law to be

of this Act.

XI. And be it further enacted, That if any action or suit shall be comapplied to actions com- menced, either in Great Britain or elsewhere, against any person or persons menced in pursuance for any thing done in pursuance of this Act, all rules and regulations, privileges and protections, as to maintaining or defending any suit or action, and pleading therein, or any costs thereon, in relation to any acts, matters, or things done, or that may be done, by any Officer of Customs or Excise, or by any Officer of His Majesty's Navy, under any Act of the Parliament in force on or immediately before the passing of this Act, for the protection of the Revenues of Customs and Excise, or Prevention of Smuggling, shall apply and be in full force in any such action or suit as shall be brought for any thing done in pursuance of this Act, in as full and ample a manner, to all intents and purposes, as if the same privileges and protections were repeated and re-enacted in this Act.

Penalties not to ex

tend to persons enter.

vice in Asia.

XII. Provided always, and be it further enacted, That nothing in this ing into Military Ser Act contained shall extend, or be construed to extend, to subject to any penalty any person who shall enter into the Military Service of any Prince, State, or Potentate, in Asia, with leave or licence, signified in the usual manner, from the Governor General in Council, or Vice President in Council, of Fort William, in Bengal, or in conformity with any orders or regulations issued or sanctioned by such Governor General or Vice President in Council.

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