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be actually and legally commenced against such person within two years next after the offence committed, and unless such person shall be arrested, summoned, or otherwise served with the writ or process within the same space of time, so as such arrest, summons, or service, shall not be prevented by such person absconding or withdrawing out of the jurisdiction of the court; and in case of any prosecution, suit, or process, the same shall be proceeded in and carried on without any wilful delay.

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162

CHAPTER THE SEVENTEENTH.

53 Geo. 3. c. 89. s. 1. directs the course in

which election

writs shall be forwarded by the messenger of the great seal, and through the post office.

53 Geo. 3. c.

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OF NEGLECTING OR DELAYING TO DELIVER ELECTION WRITS.

THE statute 53 Geo. 3. c. 89. was passed for the purpose of effecting the more expeditious and regular conveyance of writs for the election of members to serve in Parliament. It enacts, that the messenger, or pursuivant of the great seal, or his deputy, shall, after the receipt of such writs, forthwith carry such of them as shall be directed to the sheriffs of London or Middlesex, to the respective officers of such sheriffs, and the other writs to the general post office in London, and there deliver them to the postmaster general for the time being, or to such other person as the postmaster shall depute to receive the same (which deputation the postmaster is thereby required to make), who on receipt thereof shall give an acknowledgment in writing, expressing therein the time of delivery, and shall keep a duplicate of such acknowledgment signed by the parties respectively to whom and by whom the same shall be so delivered; and that the postmaster or his deputy shall dispatch all such writs free of postage by the first post or mail, after the receipt thereof, under covers directed to the proper officers, to whom the said writs shall be respectively directed, accompanied with proper directions to the postmaster or deputy postmaster of the place, or nearest to the place where such officers shall hold their office, requiring such postmaster or deputy forthwith to carry such writs respectively to such office, and to deliver them there to the officers. to whom they shall be respectively directed, or their deputies, who are required to give to such postmaster or deputy a memorandum in writing, acknowledging the receipt of every such writ, and setting forth the day and the hour the same was delivered by such postmaster or deputy, which memorandum shall also be signed by such postmaster or deputy, who are required to transmit the same by the first or second post afterwards to the postmaster general or his deputy at the general post office in London, who are required to make an entry thereof in a proper book for that purpose, and to file the memorandum along with the duplicate of the said acknowledgment, signed by the messenger, to the intent that the same may be inspected or produced upon all proper occasions by any person interested in such elections. (a)

The statute, after directing that all persons to whom the writs 89. s. 2 and 3. for the election of members to parliament ought to be and are (a) 53 Geo. 3. c. 89. s. 1.

whom such

count of the

usually directed, shall, within a month, send to the postmasters Persons to general an account of the places where they shall hold their offices, writs are and so from time to time, as often as such places shall be changed; usually diand of the post town nearest to such offices; or in case any such rected must office shall be in London, Westminster, or Southwark, or within give an acfive miles thereof, shall send such account to the messenger of the places of their great seal; (b) proceeds to enact, that after the death of the then offices. messenger of the great seal the allowances of mileage shall cease, except an allowance of two guineas on each writ for the election of a member on any vacancy, and of fifty pounds on the calling of a new Parliament. (c) And it further enacts, that whereas the messenger of the great seal and his deputy have from time to time received certain other fees for the conveyance and upon the delivery of these writs, such fees shall cease from the passing of the act; and that neither the messenger nor his deputy, nor any other person, shall receive or take any fee, reward, or gratuity whatsoever, for the conveyance or delivery of any such writ. (d)

S. 4 and 5. Mileage and lished, except two guineas

other fees abo

on

on a vacancy, and 50%. on a new Parlia

ment.

53 Geo.3.c.89.

s. 6. Persons acting in vio

act guilty of a misdemeanor.

The sixth section of the statute then enacts, "that every person "concerned in the transmitting or delivery of any such writ as "aforesaid who shall wilfully neglect or delay to deliver or trans- lation of the "mit any such writ, or accept any fee, or do any other matter or thing in violation of this act, shall be guilty of a misdemeanor, "and may upon any conviction upon any indictment or informa"tion in his Majesty's Court of King's Bench be fined and impri"soned at the discretion of the Court for such misdemeanor."

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Offences committed in Scotland may be punished by a fine or imprisonment, as the Judge before whom the offender shall be tried and convicted may direct. (e)

(b) 53 Geo. 3. c. 89. s. 2 and 3. (c) Id. s. 4.

(d) Id. s. 5. And the section further proceeds to give to the then mes

senger an annual allowance for his life
of 5207. in compensation for these fees.
(e) Id. s. 7.

164

CHAPTER THE EIGHTEENTH.

OF DEALING IN SLAVES.

5 Geo. 4. c.113. THE statute 5 Geo. 4. c. 113. repeals all the acts and enactments relating to the slave trade, and the abolition thereof, and the exportation or importation of slaves, except so far as they have repealed any prior acts or enactments, or may have been acted upon, or may be expressly confirmed by the present act. It then enacts, that it shall not be lawful (except in such special cases as are thereinafter mentioned) to deal in slaves, or to remove, import, ship, tranship, &c. any persons as slaves, or to fit out, employ, &c. any vessels in order to accomplish such unlawful objects, or to lend money, &c. or to become guarantee, &c. for agents in relation to such objects, or in any other manner to engage, directly or indirectly, therein, as a partner, agent, or otherwise; or to ship, &c. any money, goods, or effects, to be employed in accomplishing any of these unlawful objects; or to command, or embark on board, or contract for commanding, or embarking on board, any vessel, &c. in any capacity, knowing that such vessel, &c. is employed, or intended to be employed, in such unlawful objects; or to insure, or contract for insuring, any slaves, or other property, employed, or intended to be employed, in accomplishing any of these unlawful objects. (a) Pecuniary penalties and forfeitures are then imposed upon persons offending, by engaging in such unlawful objects. (b) And the statute then proceeds to subject certain offenders to punishments of a more serious nature.

Sect. 9. Dealing in slaves on the

high seas, &c. to be deemed

and robbery,

and punished with death.

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any

The ninth section enacts, "that if any subject or subjects of his "Majesty, or any person or persons residing, or being within "of the dominions, forts, settlements, factories, or territories, now or hereafter belonging to his Majesty, or being in his Majesty's piracy, felony, occupation or possession, or under the government of the United "Company of merchants of England trading to the East Indies, "shall, except in such cases as are in and by this act permitted, "after the first day of January, one thousand eight hundred and "twenty-five, upon the high seas, or in any haven, river, creek, or 66 place, where the admiral has jurisdiction, knowingly and wilfully carry away, convey, or remove, or aid or assist in carrying away, "conveying or removing, any person or persons as a slave or "slaves, or for the purpose of his, her, or their being imported, or (b) S. 3, 4, 5, 6, 7, 8.

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(a) S. 2.

"brought as a slave or slaves, into any island, colony, country,

66

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territory, or place whatsoever, or for the purpose of his, her, or "their being sold, transferred, used, or dealt with, as a slave or "slaves; or shall after the said first day of January, 1825, except in "such cases as are in and by this act permitted, upon the high seas, or within the jurisdiction aforesaid, knowingly and wilfully “ship, embark, receive, detain, or confine, or assist in shipping, "embarking, receiving, detaining, or confining on board any ship, "vessel, or boat, any person or persons, for the purpose of his, "her, or their being carried away, conveyed, or removed, as a "slave or slaves, or for the purpose of his, her, or their being imported or brought, as a slave or slaves, into any island, colony, "country, territory, or place whatsoever, or for the purpose of his, "her, or their being sold, transferred, used, or dealt with, as a "slave or slaves, then, and in every such case, the person or per66 sons so offending shall be deemed and adjudged guilty of piracy, 66 felony, and robbery, and being convicted thereof shall suffer "death, without benefit of clergy, and loss of lands, goods, and "chattels, as pirates, felons, and robbers upon the seas, ought to "suffer."

66

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slaves, or ex

them for such

slave trade, or

adventures, or

The 10th section enacts, "that (except in such special cases Sect. 10. ❝as are in and by this act permitted, or otherwise provided for) if Dealing in any persons shall deal or trade in, purchase, sell, barter, or porting or im"transfer, or contract for the dealing, or trading in, purchase, porting them, "sale, barter, or transfer, of slaves, or persons intended to be dealt or shipping "with as slaves, or shall, otherwise than as aforesaid, carry away purposes, or or remove, or contract for the carrying away or removing of embarking "slaves, or other persons, as or in order to their being dealt with capital in the as slaves, or shall import or bring, or contract for the importing guaranteeing "or bringing, into any place whatsoever, slaves or other persons, slave adven"as or in order to their being dealt with as slaves; or shall, other-tures, or shipping goods, "wise than as aforesaid, ship, tranship, embark, receive, detain, or &c. to be so "confine on board, or contract for the shipping, transhipping, employed, or "embarking, receiving, detaining, or confining on board of any board slave serving on "ship, vessel, or boat, slaves or other persons, for the purpose of ships, or in"their being carried away or removed, as or in order to their being suring slave "dealt with as slaves, or shall ship, tranship, embark, receive, forging instru“detain, or confine on board, or contract for the shipping, tran- ments relating "shipping, embarking, receiving, detaining, or confining on board to the slave "of any ship, vessel, or boat, slaves, or other persons, for the pur- felony punishpose of their being imported, or brought into any place what- able by trans66 soever, as or in order to their being dealt with as slaves; or shall portation, &c. "fit out, man, navigate, equip, dispatch, use, employ, let, or take "to freight, or on hire, or contract for the fitting out, manning, "navigating, equipping, dispatching, using, employing, letting, or "taking to freight, or on hire, any ship, vessel, or boat, in order "to accomplish any of the objects, or the contracts in relation to "the objects, which objects and contracts have hereinbefore been "declared unlawful; or shall knowingly and wilfully lend or ad"vance, or become security for the loan or advance, or contract "for the lending or advancing, or becoming security for the loan "or advance of money, goods, or effects, employed, or to be em"ployed, in accomplishing any of the objects, or the contracts in

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