making, selling, delivering, receiving, having in possession and concealing any cordage wrought either with a white thread laid the contrary way, or with a twine laid to the contrary way, mentioned and contained in the 9 & 10 W. 3. c. 41. Eng. and 39 & 40 Geo. 3. c. 89. Eng. or in any other act of parliament, shall extend to the making, selling, delivering, receiving, having in possession and concealing any cordage wrought with one or more worsted threads: Provided that nothing herein shall repeal any of the statutes now in force, nor any of the clauses therein, in respect to cordage wrought either with a white thread laid the contrary way, or with a twine laid to the contrary way, but that the same marks may be continued to be used to denote his majesty's property in such cordage, in the same manner as if this act had not been passed. or seamen per Acts respecting P. 521. l. 30. The 37 Geo. 3. c. 70. Eng. and 37Geo.3. the seducing c. 40. Ir. (respecting the seducing the king's soldiers or king's soldiers seamen from their allegiance) which were continued to petuated. the 1 August 1315, by the 54 Geo. 3. c. 158. are revived 57 Geo.3, c.7. and made perpetual by the 57 Geo. 3. c. 7. U. K. U. K. P. 522. l. 6. The 52 Geo. 3. c. 156. U. K. provides, Aiding prisonthat every person who shall knowingly and wilfully aid or assist any alien enemy of his majesty, being a prisoner of punishable with ers of war to escape, a felony transportation. war in his majesty's dominions, whether such prisoner 52 Geo.3.c.156. shall be confined as a prisoner of war in any prison or U. K. other place of confinement, or shall be suffered to be at large in any part of his majesty's dominions, on his parole, to escape from such prison, &c. or from his majesty's dʊminions, if at large upon his parole, shall be guilty of felony, and be liable to be transported as a felon for life, or for such term of 14 or 7 years, as the court before whom he shall be convicted shall adjudge. And by s. 2. every person who shall knowingly and wilfully aid or assist any Though such prisoner, at large on parole, in quitting any part of his aid be not in majesty's dominions where he may be on his parole, coast, &c. although he shall not aid or assist such person in quitting the coast of any part of his majesty's dominions, shall be deemed guilty of aiding the escape of such person under the provisions of this act. And by s. 3. if any person s. 2. quitting the S. 3. Assisting pri- person owing allegiance to his majesty, after any such soner on the cape, in like manner punish ble in any county. s. 4, Proviso as to other modes of prosecution. high seas to es- prisoner hath quitted the coast of any part of his majesty's dominions in such his escape, shall knowingly able; and tria- and wilfully, upon the high seas, aid or assist such prisoner in his escape to or towards any other dominions or place, such person shall be also adjudged guilty of felony, and be liable to be transported as aforesaid; and such offences committed upon the high seas, and not within the body of any county, shall and may be enquired of, &c, in any county within the realm, in like manner as if such offences had been committed within such county. Provided (s. 4.) that this act shall not prevent any person committing any offence mentioned in this act, from being prosecuted in such manner as he might by law be prosecuted if this act had not been passed; but no person prosecuted otherwise than under this act, shall be liable to be prosecuted for the same offence under the provisions hereof; and no person prosecuted under this act shall be liable to be otherwise prosecuted for the same offence. And the following statute may be referred to this head, and stated in this place, though of a temporary and personal nature. 56 Geo 3. c. 22. By the 56 Geo. 3. c. 22. U. K. it shall be lawful for his majesty, his heirs and successors, to detain and keep Napoleon Buonaparte in the custody of such person or persons, in such place within his majesty's dominions, and under such restrictions, during the pleasure of his majesty, &c. as to his majesty, &c. shall from time to time seem fit. And by s. 2. the said N. Buonaparte being in such custody, shall be deemed to be and be treated the custody of and dealt with as a prisoner of war, except only in so far as by his majesty, &c. shall be otherwise directed; and it shall be lawful for his majesty, &c. by warrant under the hand and seal of one of his principal secretaries of state, to nominate and appoint such person or persons, being his majesty's subject or subjects, as to his majesty, &c. shall seem fit, to have the custody of the said N. Buonaparte; and from time to time, by like warrant, Plete of deten- to change the place in which the said N. Buonaparte shall be detained; and by like warrant to authorize any U. K. The king au thorized to de tuin N. Buona, parte in custody: s. 2. And appoint persons to have him. tion may be changed. person to assist in de S. 3. person or persons to remove the said N. Buonaparte from the place in which he now is, or shall at any time hereafter be so detained, and to convey him to such other place as shall be so appointed as aforesaid; and such person and persons may call to his or their aid any per- All subjects, &c. sons, being subjects of or owing allegiance to his majesty's taining or so for the detaining or removing the said N. Buonaparte as removing him, or retaking him aforesaid, as occasion may require: and all such persons in case of ra so appointed, and those called to their aid, shall have cue, &c. power to use all ways and means for the detaining and keeping the said N. Buonaparte, and for the prevention of his rescue or escape, and for the retaking him in case he shall be rescued or escape from such custody, as migh be lawfully used for the detaining, &c. any prisoner of war. And by s. 3. if any person being a subject of or owing allegiance to his majesty, &c. shall rescue or Rescuing or assisting him to attempt to rescue the said N. Buonaparte, or shall knowescape, a capital ingly and wilfully aid and assist in his escape, or in any felony. attempt to escape from such custody, or from any limits or bounds wherein he now is or hereafter may be detained, or in which he shall be suffered to go at large, within the limits of any island or country, territory or place, or of any district or bounds within the same, upon parole or without parole, every such offender shall be guilty of felony without benefit of clergy. And by s. 4. if any person being subject of or owing allegiance to his Furthering his majesty, &c. shall knowingly and wilfully aid, assist, escape after he or further the said N. Buonaparte in quitting any part rescued, &c. also of any island, &c. without the limits, &c. of any district of such island, &c. within which he may have been confined, or suffered to go at large, on parole or without parole, after he shall have been rescued, or have escaped from any place of custody, or from the limits, &c. within which he shall have been [*permitted] to go at large upon * misprinted parole or without parole, he shall be deemed guilty of aiding the escape of the said N. Buonaparte, under the provisions of this act. And by s. 5. if any person being a subject of or owing allegiance to his majesty, after the said N. Buonaparte shall have been rescued or have escaped, assistance be on &c. from the island, &c. within which he shall have been detained, s. 4. shall have been within this act. "committed." S. 5. So also if such the high sear s. 6. in any county in England. 3. 7. trial to Eng. land. s. 8. Pleading in detained, or suffered to go at large, upon parole or without, or after he shall have quitted any other country, into which he may have escaped or come, shall knowingly and wilfully, upon the high seas, aid, assist, or further the said Napoleon Buonaparte in escaping or going to or towards any other dominions or place, he shall be adjudged guilty of felony without benefit of clergy. By s. 6. all offences against this act, whether Offences triable committed within the dominions of his majesty or without, or upon the high seas, may be inquired of, &c. in any county within England, in like manner, and by a jury of such county, as if such offences had been committed within such county; and such offences may be laid, in the information or indictment, to have been committed in such county. And by s. 7. all persons who shall be apprehended Persons sent for charged with any offence against this act, may be detained in custody, and sent to England, to be tried for such offence. By s. 8. if any action, &c. shall be brought or prosecuted for any thing done against any person under. this act. such person may plead the general issue, and under this act. shall have the advantage thereof as fully and in such manner as any justice of peace, constable, or other officer, questioned for matters acted by them as officers, or in the ex. ecution of their offices, may have the advantage of the matter of their justification upon the general issue, by 56 Geo, 3.c.23. any of the laws of this kingdom. The 56 Geo. 3. c. 23. U. K. further provides, that during such time as N. Buoonly allowed to naparte shall be detained, or ordered by his majesty, his have intercourse heirs and successors, to be detained in the island of Saint while Buona Helena, it shall not be lawful for any of his majesty's subFarte shall be jects, or other person, (except in ships, &c. belonging to or employed by the united company of merchants trading to the East Indies, duly ordered to proceed to or to rendezvous at said island, by said company, or by the governor general of Fort William, the governor of Fort Saint George or Bombay, or by the said company's supercargoes in China,) to trade, go, sail or repair to said island of Saint Helena, without the license of his majesty, &c. signed by one of the principal secretaries of state, or without the license of the governor, or (in his absence) the actions, &c. for any thing done U. K. What persons with St Helena, detained there. deputy Offenders against this act ther. deputy governor of said island, or of the commander of his majesty's naval or military forces stationed off or at the said island; and if any person (except as before excepted) without such license, or such permission or consent as aforesaid, shall trade, &c. or land upon said island of St. Helena, he shall be guilty of a high crime and misdemeanor, and, shall and may be prosecuted for the punishable by fine and imprisame in the court of king's bench in England, upon in- sonment, or eiformation exhibited by the attorney general, or upon indictment found, in which information, &c. the offence may be laid to have been committed in the county of Middlesex, and such offender shall be liable to such imprisonment and fine, or either, as the court shall adjudge. And by s. 2. every such offender shall and may be seized and brought to England to be tried; and any one or more Offenders sent of his majesty's justices of peace shall commit every such tried in court of person to the next county gaol, until sufficient security king's bench. be given by natural-born subjects or denizens, to appear in the court of king's bench at Westminster, to answer any information or indictment exhibited or found, or to be exhibited, &c. and not to depart out of court or out of this kingdom, without leave of the said court. By s. 3. if any person who shall arrive at said island on board ship, &c. belonging to or employed by the said united said island from company, shall land on said island from on board the same, or shall land from any of his majesty's ships, &c. any of war, (except the officers and seamen of such ship, &c. of war,) shall not, when required by the governor, or in his absence the deputy governor of said island, forthwith return to such ship, &c. it shall be lawful for said governor, or in his absence the deputy governor, to seize and detain every such person until he can be sent, and to send him on board the ship or vessel from which he so landed ; and every person who shall have so landed from any such ship or vessel as last aforesaid, who shall, after the departure of such ship, &c. from said island, remain on said island without the license, permission, and consent of said governor, or in his absence the deputy governor, shall be guilty of a misdemeanor, and shall be dealt with, &c. in the same manner as persons who shall without license, &c. VOL. II. 2 x as s. 2. to England and ε. 3. Persons who land, &c. on E. India company ships, or vessels of war, without license of governor, in like manner punishable. |