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Rex v. Bardwell, (Inhabitants of) 53 Rex v. Lambeth (Inhabitants of) 26

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v. Bawburgh (Inhabitants

v. Lincolnshire (Justices

of)

23

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7. Benniworth (Inhabitants

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of)

v. Liverpool (Mayor of)
v. Lutterworth (Inhabi-
tants of)

v. Lydd (Inhabitants of) 205

v. Market Bosworth (In-
habitants of)

454

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449

513

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217

28L v. Brewers' Company

307

v. M'Gill

82

v. Byker

15

v. Marsh

182

v.

Catesby (Inhabitants of) 278

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v. Cawston (Inhabitants of) 269

v. Christ's, York (Inhabi

v. Mead

66

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tants of)

442

v. Middlesex (County

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SIA v. Collett

135

Clerk of)

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v. Cooke

174

v. Middleton

412

v. Cooke

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v. Cumberland (Justices of) 61

v. Dolby

71

→→→→→ v. Dugger

118

v. Earl Shilton (Inhabi

v. Payne

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v. Newark (Inhabitants of) 366 v. Northweald Bassett (Inhabitants of)

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221

169

123

521

34

325

445

v. Saint Mary, Kidwelly

210

(Inhabitants of)

291

464

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Jei tices of)

594

v. Saint Pancras, Middle

→ v. Iddesleigh (Inhabitants

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lof)

245

v. Saunders

591

v. Kiddy

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v. Kingmore (Inhabitants

v. Shipdam (Inhabitants of) 89

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v. King's Lynn (Justices

v. Tavistock (Inhabitants

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of)

113

v. Knaptoft (Inhabitants

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of)

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Ex parte CESAR HAWKINS.

PLATT, last Term, obtained a rule to shew cause

why a writ of habeas corpus should not issue to the commander of his Majesty's ship Severn, commanding him to bring up the body of Cæsar Hawkins, who had been convicted under 24 Geo. 3. c. 47. s. 1, and sent by virtue

of 3 Geo. 4. c. 110, on board that ship, to serve in his Majesty's naval service. That part of the conviction on which the objections after-mentioned arose, was in the form following:

"Be it remembered, that on, &c., C. H. hath been duly convicted before me, A. P. Esq. &c. of having been found and taken on board a certain vessel, to wit, a smack, subject and liable to forfeiture under the provisions of certain act of Parliament made and passed in the 24 Geo. 3. for that the said vessel was on, &c. found hovering within

a

1823.

Wednesday,
June 4.

A conviction

on 24 Geo. 3.

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c. 47. s. 1, which subjects vessels having foreign spirits on board, to forfeiture,

when found hovering, &c. within the limits of a port of this kingdom, must shew on the

face of it, that the party convicted is a

British sub

ject, and that

the vessel was not proceeding on her voyage,

wind and wea

ther permit

the limits of a port of this kingdom, to wit, the port of ting, &c.
Rye, in the said county of Sussex, and then and there
having on board, &c."

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1823.

Ex parte HAWKINS.

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By 45 Geo. 3. c. 121. s. 7, every person, being a subject of his Majesty, who shall be found on board any vessel liable to forfeiture, under any of the provisions of that or any other act, for being found at anchor, &c., may be taken before a Justice, and dealt with in the manner therein directed; and by 24 Geo. 3. c. 47. s. 1, it is enacted, that if any vessel shall be found at anchor, or hovering within the limits of any of the ports of this kingdom, or within four leagues of the coast thereof, or shall be discovered to have been within the said limits or distance (not proceeding on her voyage, wind and weather permitting, unless in case of unavoidable necessity and distress of weather, of which necessity and distress the master or other person having the command of such vessel, shall give notice and make proof before the collector of the customs of any port within the limits of which the vessel shall be found, immediately after her arrival), having on board any brandy, &c., shall be liable to forfeiture. It was 'objected, that the conviction was bad, first, because it did not shew that the defendant was a subject of his Majesty, and liable to punishment for being in a vessel found hovering; and second, because the mere act of hovering was no offence, unless the conviction went on to shew that the vessel was not proceeding on her voyage, wind and weather permitting, &c.

Jervis now shewed cause, and contended, first, that as the 24 Geo. 3. c. 47. s. 1, was general in its terms, and did not mention subjects of his Majesty, the conviction need not necessarily shew that the party convicted was a British subject. If the defendant here was not a British subject, that was matter of defence before the Justice, which he was at liberty to prove; but the conviction need not shew the fact affirmatively. Then second, the statute comprehended three distinct offences, first, being found

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