« EdellinenJatka »
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.
CHAPTER THE SEVENTEENTH.
OF NEGLECTING OR DELAYING TO DELIVER ELECTION WRITS.
53 Geo. 3. The statute 53 Geo. 3. c. 89. was passed for the purpose of effectc. 89. s. 1. directs the
ing the more expeditious and regular conveyance of writs for the course in election of members to serve in Parliament. It enacts, that the which election messenger, or pursuivant of the great seal, or his deputy, shall, forwarded by
after the receipt of such writs, forthwith carry such of them as shall the messenger be directed to the sheriffs of London or Middlesex, to the respective of the great
officers of such sheriffs, and the other writs to the general post seal, and through the
office in London, and there deliver them to the postmaster general post uffice.
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) 53 Geo. 3. c.
The statute, after directing that all persons to whom the writs for the election of members to parliament ought to be and are
(a) 53 Geo. 3. c. 89. s. I.
other fees abo
on a vacancy, and 501, on a new Parlia
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 Southwurk, or within give an acie five 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, S. 4 and 5. except an allowance of two guineas on each writ for the election of Mileage and a member on any vacancy, and of fifty pounds on the calling of a lished, except new Parliament. (c) And it further enacts, that whereas the mes- two guineas senger of the great seal and his deputy have from time to time received certain other fees for the conveyance and
the delivery of these writs, such fees shall cease from the passing of the ment. 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) The sixth section of the statute then enacts, “ that every person
53 Geo.3.c.89. “ concerned in the transmitting or delivery of any such writ as acting in vio“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 act guilty of a “ 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.”
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)
8. 6. Persons
(6) 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
(e) Id. s. 7.
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.
The ninth section enacts, “that if any subject or subjects of his Dealing in Majesty, or any person or persons residing, or being within
any high seas, &c. “ 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 and punished “ Company of merchants of England trading to the East Indies, with death. “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
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
slaves on the
to be deemed
them for such
“ 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; 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 per
sons so offending shall be deemed and adjudged guilty of piracy, “ 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 66 suffer."
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 shail, other tyres, or ship“ wise than as aforesaid, ship, tranship, embark, receive, detain, or &c. to be “ confine on board, or contract for the shipping, transhipping, employed, or “ embarking, receiving, detaining, or confining on board of any board slave “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 punish
pose of their being imported, or brought into any place what- able by trans
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