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But stat. 54 Geo. III. c. 152, repeals so much of this 12 Geo. III. c. 61, 12 Geo. 3. c. 61. 1, as enacts, that no person shall load, take in, carry, or convey, any waggon, cart, or other land-carriage laden with gunpowder, or in
barge, boat, or vessel laden with gunpowder on any river, (except the case of vessels laden with gunpowder for importation from, or extation to, places beyond sea, on going coastwise), any other lading of
kind whatsoever. stat. 12 Geo. III. c. 61, s. 22, provides, that none of the aforesaid proions concerning the conveying, loading, or unloading, shall extend to y other carriage or vessel than such as shall carry a quantity of gunjwder exceeding one hundred pounds weight. Stet. 23. “And any justice, on demand made and reasonable cause Power of the jus
tices to search. ssigned upon oath, may issue his warrant for searching, in the day-time, py house, mill, magazine, storehouse, warehouse, shop, cellar, yard, harf, or other place, or any carriage, ship, boat, or vessel, in which ich gunpowder is suspected to be made, kept, or carried, contrary to this t; and all gunpowder found on such search to be made, &c. contrary > this act, and also the barrels, shall be immediately seized by the earcher, who shall with all convenient speed remove the same to such Toper place as he shall think fit; and, in case of gunpowder seized in any arriage or vessel, may use for the purpose of removal, during the space of twenty-four hours after seizure, such carriage or vessel, with the tackling, beasts, and accoutrements belonging thereto, (paying afterwards to the owner a sufficient recompense for the use thereof, to be settled by the justices before whom the complaint shall be heard), and may detain such gunpowder and barrels till it shall be adjudged on hearing before two such justices whether the same shall be forfeited.” Sect. 24. “ No master of any vessel in the Thames outward bound shall Regulations on
the river Thames. receive on board more than twenty-five pounds of gunpowder (except for the King's service) before the arrival of such vessel at or below Blackwall; and the master of every vessel coming into the Thames shall (except in case of the King's service) put on shore in proper places all the gunpowder on board above twenty-five pounds, either before the arrival of such vessel at Blackwall, or within twenty-four hours, (if the weather will permit), and shall not afterwards have on board more than twenty-five pounds (except for the King's service), on pain of forfeiting all the gunpowder found on board above twenty-five pounds, and the barrels containing the same, and also 2s. for every pound above the quantity of twenty-five pounds." See further, tit. -- Thames," Vol. VI. Sect. 25. "And the master, wardens, and assistants, of the corporation Seizure of.
Finity-house of Deptford Strond, shall appoint searchers, who may, Teen sun-rising and sun-setting, enter any ship or vessel (except His Majesty's ships) in the Thames above Blackwall, and search for unlawTul quantities of gunpowder; and shall have the same powers of seizing, removing to proper places, and retaining all such gunpowder and barrels,
are herein before given to persons searching by a justice's warrant.” And see the 3 & 4 Will. IV. c. 19, s. 36, and 2 & 3 Vict. c. 47, s. 35, post, 423.
. Sect. 26. “All penalties on this act shall be recoverable before two jus- Penalties how n on conviction of the offender by confession or oath of one witness, adornlied
to be recovered alla de distributed, half to the King and half to the informer; and where e penalty is pecuniary, it shall be levied by distress and sale, rendering Overplus, after deducting the penalty and expenses; and for want of
cient distress, the offender shall be committed to the house of corthree."
; to be kept to hard labour not exceeding six months, nor less than
the gunpowder, or commission of the offence, where there shall
not be any seizure.
ct. 29.“ Provided that this act shall not extend to any mills or other General excepugs erected for making gunpowder in any lands belonging to his tion.
12 Geo. 3, c. 61. Majesty, or to the keeping of gunpowder at any of his Majesty's store
houses or magazines, or to hinder the trial of gunpowder by his Majesty's officers, or to the keeping of gunpowder at the magazines now erected at: Barking, Creeksmouth, in the county of Essex, Erith Level, in the county. of Kent, or the magazines near Liverpool, or the city of Bristol, or to the carriage of gunpowder to or from the King's magazines under a special order from the board of ordnance, or to the carriage of gunpowder with forces on their march, or with the militia during their annual exercik, or which shall be sent for the use of such forces or militia."
Sect. 30. Also, “ this act shall not extend to hinder any person from carrying an unlimited quantity of gunpowder in such close-decked vessels, and in such manner as is hereinbefore directed, from any vessels lying below Blackwall, or from such magazines lying below Blackwall, and
going to any place beyond sea or coastwise.' Importation.
By stat. 46 Geo. III. c. 121, that part of stat, 1 Jac. II. c. 8, which
prohibits the importation of gunpowder, is repealed. Places appointed By 54 Geo. III. c. 159, s. 6, it is enacted, “ That it shall and may be for breaming
lawful to and for the said lord high admiral, or three or more of the comships, and leaving and receiving missioners for executing the office of lord high admiral aforesaid for the gunpowder.
time being, and he and they is and are hereby authorized and empowered,
tity of gunpowder on board, shall be allowed to clear at any custom- 54 Geo. 3, c. 159. house in any port where there shall be any such place so to be appointed as aforesaid, without producing and leaving such certificate, together with the christian and surname of the pilot (if any) who piloted such ship or vessel into such port, at the custom-house of such port; and all Penalty. and every owner, master, pilot, or other person having the charge or command of any private ship of war, transport, or other private or merchant ship or vessel, lighter, barge, boat, or other craft, which shall come, arrive, or be (except in cases of stress of weather), within any of the distances so to be specified as aforesaid, having on board thereof any quantity or quantities of gunpowder exceeding five pounds weight together in the whole, or which, having come in under stress of weather, shall not unship and deliver all such gunpowder within the space of twentyfour hours next after the ceasing of such weather (and thereof forthwith give notice at the custom-house to excuse the production of such certificate), shall forfeit and pay the sum of 51. for each and every five pounds weight of gunpowder which shall be found, or which shall have been on board any such ship or vessel, lighter, barge, boat, or other craft, within any of the distances so to be specified as aforesaid, and so in proportion for any greater or less quantity; and every such pilot, who shall In what case wilfully and knowingly offend in the premises, and shall be thereof pilots rendered lawfully convicted, shal, for ever thereafter, bé rendered incapable of acting as a pilot."
By 3 & 4 Will. IV. c. 19, s. 36, “It shall be lawful for every such Unlawful quanThames police surveyor, at any time between sun-rising and sun-setting, ticien alunpowed. to enter any ship or vessel (except his Majesty's ships) in the said river, docks, and creeks, and to search the same for unlawful quantities of gunpowder, and also to exercise the same powers of seizing, removing to proper places, and detaining all such unlawful quantities of gunpowder found on board any such ship or vessel, and the barrels or other packages in which such gunpowder shall be, as are given to person searching for unlawful quantities of gunpowder, under a warrant of a justice, by virtue of the 12 Geo. III. C. 61.”
By the Metropolitan Police Act, (2 & 3 Vict. c. 47, s. 35), superin- Seizure by police. tendents or inspectors of the metropolitan police force, with constables, may, at any time between sunrise and sunset, enter any ship, boat, or Vessel (except her Majesty's ships), in the river, docks, &c., to search for and seize unlawful quantities of gunpowder. (See" Police," Vol. V., p. 593).
Gypsies. See ante, “ Egyptians," Vol. II.; “ Vagrants," Vol..
Corpus cum Causa, p. 435.
As to the writ habeas corpus ad testificandum, see “ Evidence,” Vol. II. p. 450.
I. Habeas Corpus ad Subjiciendum. [Herein—1st, Of the Habeas Corpus Act, and other Acts, as to, 424.
2nd, Of the Writ, when granted, and proceedings on it, tål
1. THE HABEAS CORPUS ACT, AND OTHER ACTS, AS TO. 31 Car. 2, c. 2.
THE 31 Car. II. c. 2, has been said to be the most highly remedial act which stands upon the statute book. (Huntley v. Luscombe, 2 B.
P. 539). Recital of expe Sect. 1 recites, “that great delays have been used by sheriffs, guoles diency of amending the law as to
and other officers to whose custody any of the King's subjects LAR writs of habeas been committed for criminal, or supposed criminal, matters, in na corpus.
returns of writs of habeas corpus to them directed, by standing out alias and pluries habeas corpus, and sometimes more, and by other shots, to avoid their yielding obedience to such writs, contrary to their day and the known laws of the land, whereby many of the King's subjects have been, and hereafter may be, long detained in prison, in such cáx
where, by law, they are bailable, to their great charges and vexation Writ to be return. Sect. 2. “For the prevention whereof, and the more speedy reli ed in three days after service, and
all persons imprisoned for any such criminal, or supposed crim the body brought, matters;" it is enacted, “That whensoever any person or persons if within twenty miles, &c.
bring any habeas corpus directed unto any sheriff or sheriffs, gadie;
awarded the same, and indorsed upon the said writ, not exceeding Charges for bring- per mile, and upon security given by his own bond to pay the change ing up body.
of carrying back the prisoner, if he shall be remanded by the cours
reof; and shall then
prisonment, unless e beyond the distance
ourt or person is
above one hundred miles, then within the space of ten days; and if 1. Habeas rond the distance of one hundred miles, then within the space of corpus ad inty days, after such delivery aforesaid, and not longer.”
subjiciendum. ject. 3. “And to the intent that no sheriff, gaoler, or other officer,
1 31 Car. 2, c. 2. y pretend ignorance of the import of any such writ;" it is enacted,
Writ, how to be hat all such writs shall be marked in this manner, per statutum tri
marked, imo primo Caroli Secundi Regis, and shall be signed by the person ut awards the same; and if any person or persons shall be or stand Proceedings therenmitted or detained as aforesaid, for any crime, unless for felony or on in vacation. lason plainly expressed in the warrant of commitment, in the vacation ne and out of term, it shall and may be lawful to and for the person
persons so committed or detained (other than persons convict or in kecution by legal process), or any one on his or their behalf, to appeal I complain to the lord chancellor or lord keeper, or any one of his lajesty's justices, either of the one bench or of the other, or the barons f the Exchequer of the degree of the coif; and the said lord chancellor, ird keeper, justices, or barons, or any of them, upon view of the copy p copies of the warrant or warrants of commitment and detainer, or therwise upon oath made that such copy or copies were denied to be iven by such person or persons in whose custody the prisoner or priponers is or are detained, are hereby authorized and required, upon request made in writing by such person or persons, or any on his, her, or their behalf, attested and subscribed by two witnesses who were present at the delivery of the same, to award and grant an habeas corpus under the seal of such court whereof he shall then be one of the judges, to be directed to the officer or officers in whose custody the party so committed or detained shall be, returnable immediate before the said lord chancellor, or lord keeper, or such justice, baron, or any other justice or baron of the degree of the coif of any of the said courts; and upon service thereof as aforesaid, the officer or officers, his or their under officer or under officers, under keeper or under keepers, or their deputy, in whose custody the party is so committed or detained, shall, within the times respectively before limited, bring such prisoner or prisoners before the said lord Chancellor or lord keeper, or such justices, barons, or one of them, before whom the said writ is made returnable, and in case of his absence, before any other of them, with the return of such writ, and the true causes of the commitment and detainer; and Thereupon, within two days after the party shall be brought before them, the said lord chancellor or lord keeper, or such justice or baron flore whom the prisoner shall be brought as aforesaid, shall discharge the said prisoner from his imprisonment, taking his or their reSuzance, with one or more surety or sureties, in any sum according
air discretions, having regard to the quality of the prisoner, and nature of the offence, for his or their appearance in the court of King's bench the term following, or at the next assizes, sessions, or general 3301-delivery of and for such county, city, or place where the commitment was, or where the offence was committed, or in such other court Where the said offence is properly cognizable, as the case shall require, and then shall certify the said writ, with the return thereof, and the said recognizance or recognizances, into the said court where such appearance is to be made; unless it shall appear unto the said lord chan. cellor or lord keeper, or justice or justices, or baron or barons, that the party so committed is detained upon a legal process, order, or warrant, out of some court that hath jurisdiction of criminal matters, or by some arrant signed and sealed with the hand and seal of any of the said jusSpor barons, or some justice or justices of the peace, for such matters
nces for which by the law the prisoner is not bailable.” ect. 4. “If any person shall have wilfully neglected, by the space Persons, neglecting to whole terms after his imprisonment, to pray a habeas corpus for
a habeas, shall largement, such person so wilfully neglecting shall not have any have none in va
"pus to be granted in vacation time, in pursuance of this act." cation time.
two terms to pray
his enlargement, su habeas corpus to be gran