Page:Ruffhead - The Statutes at Large - vol 6.djvu/307

 fpecialwarranu rehend- "enders. A. D. 1736. Anno nono Georgii II. C. 35. 245 XXXI. Provided neverthelefs, That no Perfons fliall fuffer any Penalty or Difability for fuch receiving, after 6 Days No. harbouring or entertaining, unlefs publick Notice fhall have been firfl given fix Days before in two fuc- ^"of'fu^h" celfive Gazettes, of the abfeonding of the Perfon or Perfons who (hall be fo received, harboured or enter- Perfons ab- tained and alfo by Writing to be fixed to the Door of the Parilh Church where fuch Perfon or Perfons finding, and laft dwelt before his abfeonding. _ Kir"?? ui° 4 XXXII. And whereas it hath been found by Experience, that the Bailiffs and other Officers hav- Church. 4 ing the Execution of Procefs in the feveral Counties, Cities and Liberties of this Kingdom, often hold ' Correfpondence with the Perfons guilty of the feveral illegal Practices herein before mentioned, and 1 give them Notice when any Writ or Procefs ifTues againft them, whereby they efcape from Juftice ; ' For Remedy thereof, V e it further enacted by the Authority aforefaid, That from and after the faid Sheriffs, May- twenty-fourth Day of June one thoufand feven hundred and thirty- fix, where any Writ of Capias, or ors » &c - °" Re - other Proceis, fliall iffue out of any Court, directed to any Sheriff, Mayor, Bailiff or other Perfon hav- i^of'a known ing the Execution of Procefs in any County, City or Liberty, againft any Perfon who fhall be guilty of, Solicitor for the or profecuted for, any Offence whatfoever contrary to any of the Laws or Statutes now in being relating 9 uftomsorEx to his Majefty's laid Revenues of Cuftoms or Excife, every fuch Sheriff, Mayor or Bailiff, and other Per- fpeciaiwlarrani fons having Execution of Procefs as aforefaid, and their and every of their Under-fheriffs, Deputies and for appi other Perfons acting for them in the faid Office and Offices refpeclively, fhall, and are hereby enjoined '"S " 11 and required, upon the Requeft or Application of any one of the known Solicitors for the Cuftoms or Excife (fuch Requeft to be in Writing indorfed upon the Back of the faid Procefs, and fignedby fuch So- licitor with his Name and Addition of Solicitor for the Cujloms or Excife, as the Cafe fhall happen to be) to c,rant a fpecial Warrant or Warrants to fuch Perfon or Perfons as lhall be named to them by fuch Soli- citor, for the apprehending fuch Offender and Offenders, or in Default thereof, every fuch Sheriff, Mayor, Bailiff, Under-fheriff and other Perfon acting in the faid Office or Offices refpeclively, fhall be fubjecl and liable to fuch Procefs of Contempt, Fines, Amerciaments, Penalties and Forfeitures, as they or any of them are now by any Law, Cuftom or Ufage liable to in cafe of refufing or neglecting to execute the like Procefs, where the Defendant might have been taken thereupon, in the common and ufual Method of Proceeding. XXXIII. And it is hereby declared and enacted, That all and every fuch Sheriff, Mayor, Bailiff, Sheriffs, May- Under-lheriff and other Perfon fo granting or making out fuch fpecial Warrant as aforefaid, fhall be and ?"» ^ S f™"^ they are hereby faved harmlefs and indemnified againft his Majefty, his Heirs and Succeffors, and againft Warrants, fav- all and every other Perfon and Perfons whomfoever, of and from all Efcapes of any Perfon or Perfons ed harmlefs who fliall or may be taken by virtue of any fuch Warrant as aforefaid, which fhall or may happen from from Efca P es * the Time of the taking fuch Offender or Offenders, till he, fhe or they fhall be committed to the proper Gaol or Prifon, or offered and tendered to the Gaol-keeper or other Perfon having Charge of fuch Gaol or Prifon (who is hereby enjoined and required to receive every fuch Perfon or Perfons fo apprehended as aforefaid, and give a Receipt for his and their Body and Bodies) and of and from all Actions, Profecu- tions, Procefs of Contempt, and other Proceedings whatfoever, for or by reafon of any fuch Efcape ; any Law. Cuftom or Ufage to the contrary thereof in any wife notwithftanding. ' XXXIV. And whereas by the prefent Practice of the Court of Exchequer, and elfewhere, it is be- 4 come rtecefiary for all Officers of the Cuftoms and Excife, and other Officers of the Revenue, upon the ' Seizure, and profecuting the fame, are frequently defeated of their Right without entering into the Me- Trials of Seizures whatfoever in the Court of Exchequer, or elfewhere, the Seizure, together with the zures, Judges to Method and Form of making it, fhall be taken to have been made by the Perfon or Perfons who lhall in- Merits of°the e form and fue for the fame, and to be done in the Manner as fet forth in the Information, without any Caufe, without Evidence thereof; and all Judges and Juftices of the Peace, before whom any fuch Seizures lhall be inquiring into brought to Trial or Hearing, aie hereby required to proceed to the Trial of the Merits of the Caufe, of^^ngfhe" 5 without inquiring into the Fact, Form or Manner of making the Seizure. seizure. ' XXXV. And whereas it frequently happens that feveral evil-minded and defperate Perfons, in order 4 and other prohibited and uncuftomed Goods, whereby the Officers of his Majefty's Cuftoms and Excife ' murdered ; ' For Remedy whereof be it enaited by the Authority aforefaid. That if any Perfon or Per- officers and fqns paffing as aforefaid with prohibited or uncuftomed Goods, and armed with Guns, Piftols, CutlalTes, lf,eir Afliftants or other offenfive Weapons, fhall hinder, moleft or reiift, any Officer or Officers of the Cuitoms or Jorce to Foi c? Excife, who in the Execution of his or their Duty fhall endeavour or offer to fearch for, take or feize, any prohibited or uncuftomed Goods from any Perfon or Perfons fo paffing with fuch Goods, and arm- ed as aforefaid, bv beatirg, maiming or wounding any of the Officers above-mentioned, or other Perfons adting in their Affifcance, that then and in every fuch Cafe it fhall and may be lawful for all Officers of his Majefty's Cuftoms or Excife, and all Perfons by them called to their Alfittance, who are fo refilled, arid when car- to oppofe Force to Force, and to endeavour by the lame Methods that are violently ufed againft them, nod before j. and by which their Lives are endangered, to defend them elves, and execute the Duty of their Office ; JuiKce for • and if any Perfon fo hindering, molefting or renfting the Officers aforefaid or their Afliftants, fhall in fo jdSine^nyEer- doing be wounded, maimed or killed, and the faid Officers and their Afliftants fhall be fued, molefted frniniuchCsf ?, or profecuted for the faid beating, maiming or killing ; fuch Officer and Officers, and Perfon and Perfons ^"ol^t 111 '*" - acting te ' °
 * Trial of any Information of Seizure, to give Proof of the exact Method and Manner of making the
 * Seizure, with an Account of the Form of Words ufed on that Occafion, notwithftanding the Defendant
 * in fuch Caufe does, on the claiming of fuch Goods, acknowledge that a Seizure of them hath been
 * made, whereby there often happens a Failure of Juftice, and his Majefty, and the Officer making the
 * rits of the Caufe ; ' For Remedy thereof be it further enacted by the Authority aforefaid, That on all in Trials of Sei-
 * to carry on without Controul the wicked Practices aforefaid, do in a publick and avowed Manner, and
 * with an armed Force, pafs and repafs through feveral Countries with large Quantities of Tea, Brandy,
 * are either deterred from doing their Duty, or in doing it are beat, wounded, maimed and frequei tly