Page:Ruffhead - The Statutes at Large - vol 6.djvu/756

 690 C. 34. Anno dccimo none -Geo'rgii II. ! A. D. 1746. Certificate ; or in refcuing or taking away the fame, after Seizure, from any Officer or Officers of the Cuftoms or Excife, or other his Majefty's Revenue, or other Perlbn or Perfons employed by him or them, or affifting him or them, or from the Place where they (hall be lodged by him or them ; or in refcuing any Terfon who (hall be apprehended for any of the Offences made Felony by this or any other Act, relating to the Revenues of Cuftoms or Excife ; or in preventing the apprehending or appearing in anv P er f° n ' WH0 fhall De g u >' tv °f an y ^ uc ^ Offence ; or in cafe any Perfons, to the Number of three Dtfsjuifewith or more, fo armed as aforefaid, lhall, after the laid twenty- fourth Day of July, be fo aiding or affift- fiicb Goods, or ing, or if any Perfon (hall, from and after the (aid twenty^fourth Day of July aforefaid, have his Jm to' U offi_ ^ ace ba ' cked > or wear anv Vizard, Mafic or other Difguife when pafiing with fuch Goods, or (hall cers in the Execution of their Duty j wound any Officer of the Cuftoms or Excife, "or any other his Majefty's Revenue, in his attempt- ing to go on Board any Ship or Veffel within the Limits of any of the Ports of this Kingdom, or fhoot at, maim or dangeroufly wound him when on Board fuch Ship or Veffel, and in the due Ex- ecution of his Office or Duty, then every Perfon fo offending, being thereof lawfully convicted, (hall guilty of Felony be adjudged guilty of Felony, and (hall fuffer Death as in Cafes of Felony without Benefit of Clergy ; without Clergy, and that all and every Perfon and Perfons, who (hall at any Time be convicted of any the Offences Scotland. aforementioned, within that Part of Great Britain called Scotland, (hall, for every fuch Offence, incur and fuffer the Pains of Death and Confifcation of Moveables. Peifons charged W. And, for the more eafy and fpeedy bringing the Offenders againft this Act to Juftice, Be it upon Oath with enacted by the Authority aforefaid, That if any Perfon or Perfons fliall be charged with being guilty this Acl, or before one f j^s Majefty's Juftices of the Court of King's Bench, if the Offence be committed in England ; or before the Lord Juftice General, or one of the Lords of Jufticiary, or any one or more of his Majefty's Juftices of the Peace in Scotland, if the Offence be committed in Scotland ; , T by Information of one or more credible Perfon or Perfons upon Oath, by him or them to be fub- toKrtify Hie "' fcribed, fuch Juftice of the Peace, or Juftice of the King's Bench, or Lord Juftice General, Lord Information to Juftice Clerk, or Lord of Jufticiary reipectively, before whom fuch Information (hall be made as one of the Se. a f ore f a ;d 5 fh a ]i forthwith certify under his Hand and Seal, and return fuch Information to one of State"" ° the Principal Secretaries of State of his Majefty, his Heirs or Succeffors, who is hereby required to whoi'stolay lay the fame, as foon as conveniently may be, before his Majefty, his Heirs or Succeffors, in his or the Ki™ in*"' 6 tbe ' r P r ' vv Council ; whereupon it (hall and may be lawful for his Majefty, his Heirs or Succeffors, Council 5 ; '" to make his or their Order, in his or their faid Privy Council, thereby requiring and commanding Orders to be fuch Offender or Offenders to furrender him or fhemfelves within the Space of forty Days after the Offend f er's h fur- ^ r ^ Publication thereof in the London Gazette, to the Lord Chief Juftice, or any other of his Ma- rendering in " jefty's Juftices of the Court of King's Bench, or to any one of his Majefty's Juftices of the Peace, 40 Days j if the Offence be committed in England; or to any of the Lords of Jufticiary, or to any one of his Majefty's Juftices of the Peace in Scotland, if the Offence be committed in Scotland ; who is hereby required, upon fuch Offender or Offenders furrendering him or themfelves, to commit him and Commit- or them, without Bail or Mainprize, to the County Gaol, or to the Gaol or Prifon of the Place ment without where he or they (hall fo furrender, to the end that he or they may be forth-coming to anfwer the EaiJ - Offence or Offences wherewith he or they lhall (land charged according to due Courfe of Law ; Order to be which Order the Clerks of his Majefty's Privy Council fliall caufe to be forthwith printed and pub- pubiifhedin lifhed in the two fucceffive London Gazettes, and to be forthwith tranfmitted to the Sheriff of the twofucceffive County where the Offence (hall be committed, who (hall, within fourteen Days after the Receipt mnfmfttecfto thereof, caufe the fame to be proclaimed between the Hours of ten in the Morning, and two in the the sheriff, Afternoon, in the Market-places, upon the refpective Market-days of two Market Towns in the who fhali pro- f ame County, near to the Place where fuch Offence (hall have been committed ; and a true Copy Copy to B be me " of fuch Order (hall be affixed upon fome publick Place in fuch Market-towns: And in cafe fuch affixed in the Offender or ■ Offenders (hall not furrender him or themfelves, purfuant to fuch Order of his Ma- Maiket-towns. jefty, his Heirs or Succeffors, to be made in Council as aforefaid, he or they fo neglecting or re- ftKreiidering 0t fufmg to furrender him or themfelves as aforefaid, or efcaping after fuch Surrender, (hall, from the Ac ' Day appointed for his or their Surrender as aforefaid, be adjudged, deemed and taken to be con- to be conviAed v ^ e< ^ an< * attainted of Felony, and fliall fuffer Pains of Death, as in Cafes of a Perfon convicted of Felony with- and attainted by Verdict and Judgment of Felony, without Benefit of Clergy, if the Offence be out Clergy. charged to have been committed in England; and fliall be adjudged, deemed and taken to be con- victed of a Capital Crime, and (hall fuffer the Pains of Death, and Confifcation of Moveables, as in Cafe of a Perfon found guilty of a Capital Crime, and under Sentence for the fame, if the Of- _. j.., fence be charged to have been committed in Scotland ; and that it fliall be lawful to and for the Bench,'"? Ju- Court of King's Bench, or the Juftices of Oyer and Terminer, or General Gaol Delivery for the Coun- liices of Oyer ty or Place where fuch Perfon (hall be, to award Execution againft fuGh Offender and Offenders, in kf toward' ^ t,cb Manner as if he or they had been convicted and attainted in the faid Court of King's Bench, Execution. or before fuch Juftices of Oyer and Terminer, or General Gaol Delivery reflectively, if the Offence be charged to have been committed in England; and that it (hall be lawful for the Court of Jufticiary, or the Lords of Jufticiary, in their Circuits, to award Execution againft fuch Offender and Offenders, in fuch Manner as if he or they had been found guilty and condemned in the faid Court of Jufti- ciary, or in the Circuit refpectively. III. And