Majefty's Dominions, and under fuch Reftrictions, during the Pleafure of His Majefty, his Heirs and Succeffors, as to His Majesty, his Heirs and Succeffors, fhall from time to time seem fit. War. II. And be it further enacted, That the faid Napoleon Buonaparte, who shall be being in fuch Cuftody as aforefaid, fhall be deemed and taken to be, treated as a and fhall be treated and dealt with as a Prisoner of War, except Prisoner of only in fo far as by His Majefty, his Heirs and Succeffors, fhall at any time, or from time to time, be otherwife directed; and that it tball and may be lawful for His Majefty, his Heirs and Succeffors, by Warrant under the Hand and Seal of One of his or their Principal Secretaries of State, to nominate and appoint fuch Perfon Appointing Peror Perfons, being His Majefty's Subject or Subjects, as to His fons to have the Majefty, his Heirs and Succeffors, fhall feem fit, to have the Cuftody Cultody; of the faid Napoleon Buonaparté; and from time to time, by like to change the Warrant to change the Place, and to appoint fuch other Place, as to Place; His Majefty, his Heirs and Succeffors, fhall feem fit, in which the fad Napoleon Buonaparté fhall be detained and kept; and by like and to remove Warrant to authorize and empower any Perfon and Perfons to remove him. the faid Napoleon Buonaparte from the Place in which he now is, or fhall at any time hereafter be fo detained and kept, and to convey him to fuch other Place as fhall be fo appointed as aforefaid; and that it For calling in fhall and may be lawful for such Perfon and Perfons fo appointed or Affistance. to be appointed as aforefaid, to call to his or their Aid and Affiftance all or any Perfons, being Subjects of His Majefty, or owing Allegiance to His Majefty, for the detaining and keeping the faid Napoleon Buonaparte in Cuftody as aforefaid, or for the removing or convey ing him as aforefaid, as Occafion may require: And that all and Power to use every fuch Perfon or Perfons fo appointed or to be appointed as Means for deaforefaid, and all and every Perfon and Perfons who fhall be called taining N. Buonaparté, to his or their Aid and Affiftance, shall have full Power and Authority to ufe all Ways and Means for the detaining and keeping the faid Napoleon Buonaparté in fuch Cuftody, and for the Prevention of the Refcue or Escape of the faid Napoleon Buonaparté from and out of fuch Custody, and for the retaking the faid Napoleon Buonaparté in cafe he fhall be refcued or fhall efcape from and out of the fame, as might be lawfully used for the detaining and keeping in Cuftody, and for preventing the Rescue or Escape of, and for the retaking any Prifoner of War. Rescue or an Escape. III. And be it further enacted, That if any Perfon or Perfons, Perfons refcuing being a Subject or Subjects of or owing Allegiance to His Majefty, or attempting a his Heirs or Succeffors, fhall rescue or attempt to rescue the faid Napoleon Buonaparte, or fhall knowingly and wilfully aid or affift in the Escape of the faid Napoleon Buonaparté, or in any Attempt to efcape from fuch Cuftody as aforefaid, or from any Limits or Bounds wherein he now is or at any time hereafter fhall or may be detained and kept in Cuftody as aforefaid, or in which he shall or may be fuffered to go at large within the Limits of any Island or Country, Territory or Place, or within the Limits of any District or Bounds within any Ifland or Country, Territory or Place, upon Parole or without Parole, all and every fuch Perfon and Perfons fo offending, fhall upon being convicted thereof be adjudged guilty of Felony, and fhall fuffer Death as in cafes of Felony, without Benefit of Death. Clergy. IV. And For preventing the further Escape. Prohibiting any High Seas. IV. And be it further enacted, That if any Perfon or Perfons, being Subjects of or owing Allegiance to His Majefty, his Heirs or Succeffors, fhall knowingly and wilfully aid, affift or further the faid Napoleon Buonaparté in quitting any Part of any Island, Country, Territory or Place, without the Limits and Bounds of any District of fuch Island, Country, Territory or Place, within which he may have been confined or fuffered to go at large, on Parole or without Parole, after he fhall have been refcued, or have efcaped or departed from any Place of Cuftody, or from the Limits and Bounds within which he fhall have been committed to go at large, upon Parole or without Parole, he, fhe or they fhall be deemed guilty of aiding the Escape of the faid Napoleon Buonaparte, under the Provisions of this A&t. V. And be it further enacted that if any Perfon or Perfons, being a Subject or Subjects of His Majefty or owing Allegiance to His Efcape upon the Majefty, after the faid Napoleon Buonaparté fhall have been rescued, or have escaped or departed from and have quitted the Island, Country, District or Territory, within which he fhall have been detained and kept in Cuftody as aforefaid, or have been fuffered to go at large, upon Parole or without, or after he fhall have quitted and departed from any other Country into which he may have escaped or come, fhall knowingly and wilfully, upon the High Seas, aid, affift or further the faid Napoleon Buonaparté in efcaping or going to or towards any other Dominions or Place whatsoever, such Perfon or Persons shall be adjudged guilty of Felony, and fhall fuffer Death as in cafes of Felony without Benefit of Clergy. Where Offences may be tried. For detaining with Offences. VI. And be it further enacted, That all Offences against this A&t, wherefoever the fame fhall be committed, whether within the Dominions of His Majefty or without, or upon the High Seas, may be inquired of, tried, heard, determined and adjudged in any County within that Part of His Majefty's Dominions called England, in like Manner, and by a Jury of fuch County, as if fuch Offences had been committed within fuch County; and that in every Information or Indictment for fuch Offence, fuch Offence may be laid and charged to have been committed in fuch County. VII. And be it further enacted, That all Perfons who shall be Pertons charged apprehended, detained or in Cuftody, charged with any Offence against this Act, may be detained in Cuftody and fent to England, in order to their being proceeded againft and tried for fuch Offence. General Iffue. VIII. And be it further enacted, That if any Action, Suit, Bill, Plaint, Information or Indictment, thall be brought, fued or profecuted against any Perfon or Perfons for any thing done under or by virtue of this Act, fuch Perfon or Perfons may plead the General Iffue, and fhall have the Advantage thereof as fully, and to all Intents and Purposes, as if the Special Matter had been fully and well pleaded, and in fuch manner as any Juftice of the Peace, Conftable or other Officer, queftioned for Matters acted by them as Officers, or in the Execution of their Offices, may have the Advantage of the Matter of their Juftification upon the General Iffue by them pleaded, by any of the Laws and Statutes of this Kingdom. САР. CAP. XXIII. An Act for regulating the Intercourfe with the Island of Saint WHEREAS Napoleon Buonaparte is now detained and kept no Communica in Custody in the Island of Saint Helena: And Whereas it is requifite and neceffary to prohibit all Intercourfe and Commu⚫nication with the said Island of Saint Helena, either by His Majesty's Subjects or by any other Perfon or Perfons, except under the • Reftrictions and according to the Rules, Regulations and Condi⚫tions hereinafter fet forth and prescribed, during fuch time that 'the faid Napoleon Buonaparté fhall be detained and kept, or shall be • ordered by His Majefty, his Heirs and Succeffors, to be detained and kept in the faid Ifland of Saint Helena;' Be it therefore enacted, and it is hereby enacted by The King's Moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That for and during fuch time During the time as the faid Napoleon Buonaparté fhall be detained and kept in Cuftody, Buonaparte shall or fhall be ordered by His Majefty, his Heirs and Succeffors, to be be in Cuftody in detained and kept in Cuftody in the faid Island of Saint Helena, it Saint Helena, fhall not be lawful for any of His Majesty's Subjects, or for any tion to be perother Person or Perfons whatsoever (except in Ships or Veffels of mitted. and belonging to or chartered or employed by the United Company of Merchants of England trading to the Eaft Indies, duly ordered to proceed to or to rendezvous at the faid Ifland, by the faid United Company, or by the Governor General of Fort William, the Governor of Fort Saint George or Bombay, or by the faid Company's Supra Cargoes in China,) to trade, go, fail or repair to the faid Trading, &c. Ifland of Saint Helena, without the Licence of His Majefty, his without Licence Heirs or Succeffors, figned by One of His Majefty's Principal of The King or Secretaries of State, or without the Licence, Confent and Permiffion of the Governor, or in his Abfence, of the Deputy Governor of the said Island for the time being, or of the Commander for the time being of His Majefty's Naval or Military Forces ftationed off or at the said Island; and if any Perfon or Perfons (except as before excepted) other than fuch as fhall be thereunto lawfully authorized by fuch Licence of His Majefty, his Heirs and Succeffors, or of the Governor, Deputy Governor or Commander, or fuch Per. miffion or Confent as aforefaid, fhall trade, go, fail, repair to or land upon the faid Island of Saint Helena, he or they shall be deemed guilty of a High Crime and Mifdemeanour, and fhall and may be profecuted for the fame in His Majefty's Court of King's Bench here in England, upon Information exhibited by His Majesty's Attorney General, or upon Indictment found; in which Information or Indictment fuch Offence may be laid and charged to have been committed in the County of Middlefex; and all and every Perfon or Perfons fo offending fhall on Conviction be liable to such Punishment by Imprisonment and Fine, or either, as the Court fhall adjudge or award, any Law, Statute or Usage to the contrary notwithstanding. 56 GEO. III. II. And the Governor or Deputy Gover nor of Saint Helena. Perfons offending may be feized, and brought to England, to await their Trial. Perfons landing (other than Of ficers and Seamen belonging to Ships of War) fhall return to the Ship when ordered, or be taken into Cuftody. Remaining in the Inland with out Licence. Punishment. Veffels (except Veffels belong. ing to the Com pany, &c.) trading or touching at Saint Helena. Or found hovering, II. And be it further enacted, That all and every Perfon and Perfons fo offending fhall and may be feized and brought to England for the Purpose of being fo tried; and that it fhall and may be lawful to and for any One or more of His Majefty's Juftices of the Peace, and he and they is and are authorized and required to commit all and every fuch Perfon and Perfons to the next County Gaol, there to remain until fufficient Security be given by natural born Subjects or Denizens, to appear in His Majefty's Court of King's Bench at Westminster, to answer any Information or Indictment exhibited or found, or to be exhibited or found, against him or them, and not to go or depart out of Court, or out of this Kingdom, without Leave of the faid Court. III. And be it further enacted, That if any Perfon who shall arrive at the said Island on board any Ship or Veffel of and belonging to, or chartered or employed by the faid United Company as aforefaid, fhall land on the said Inland from on board the fame, or fhall land on the faid Island from any of His Majefty's Ships or Veffels of War, (except the Officers and Seamen of and belonging to fuch Ship or Veffel of War,) fhall not, when thereunto ordered and required by the faid Governor, or in his Abfence the Deputy Governor for the time being of the faid Ifland, forthwith return to and repair on board fuch Ship or Veffel from which he fhall have fo landed as aforefaid, it shall and may be lawful for the faid Governor, or in his Abfence the Deputy Governor for the time being, to seize and detain every fuch Perfon until he or she can be fent, and to fend him or her on board the said Ship or Veffel from which he or fhe fo landed as aforefaid; and every Perfon who fhall have fo landed from any fuch Ship or Veffel as laft aforefaid, who fhall, after the Departure of fuch Ship or Veffel from the faid Island, remain on the faid Island without the Licence, Permiffion and Confent of the faid Governor, or in his Abfence the Deputy Governor for the time being, fhall be deemed guilty of a Misdemeanor, and fhall and may be dealt with, profecuted and punished in the fame manner and form as Perfons who fhall, without Licence, Permiffion and Confent as aforefaid, land from any other Ship, Veffel or Boat not belonging to, chartered or employed by the faid United Company, or ordered by the faid Company, or their Servants as aforefaid, to proceed to or rendezvous at the faid Ifland. IV. And be it further enacted, That it fhall and may be lawful to and for the Governor, or in his Abfence the Deputy Governor of the faid Ifland for the time being, or for the Commander for the time being of His Majelty's Naval or Military Forces ftationed off or at the faid Ifland refpectively, and the Perfons acting under his or their Orders and Commands refpectively, by all neceflary Ways and Means to hinder and prevent any Ship, Vellel or Boat, Ships or Veffels or Boats, (except Ships and Veffels of and belonging to or chartered by the faid United Company of Merchants, and alfo duly licensed by the faid Company for that Purpose, as hereinbefore mentioned,) from repairing to, trading or touching at the faid Island, or having any Communication with the fame; and to hinder and prevent any Perfon or Perfons from landing upon the faid Ifland from fuch Ships, Veffels or Boats, and to feize and detain all and every Perfon and Perfons that shall land upon the said Island from the fame; and all fuch Ships, Veffels or Boats (except as above excepted) as fhall Profecution. fhall repair to, or trade, or touch at the said Ifland, or shall be found hovering within Eight Leagues of the Coaft thereof, and which fhall or may belong, in the Whole or in Part, to any fubject or Subjects of His Majefty, or to any Perfon or Perfons owing Allegiance to His Majefty, thall and are hereby declared to be forfeited to His Forfeited, seized Majefty, and fhall and may be feized and detained, and brought to and brought to England, and fhall and may be profecuted to Condemnation by His England for Majefty's Attorney General, in any of His Majefty's Courts of Record at Westminster, in fuch manner and form as any Ship, Veffel or Boat may be feized, detained or prosecuted, for any Breach or Violation of the Navigation or Revenue Laws of this Country; and the Offence for which fuch Ship, Veffel or Boat, fhall be proceeded against fhall and may be laid and charged to have been done and committed in the County of Middlesex; and if any Ship, Veffel or Boat, not belonging in the Whole or in Part to any Perfon or Perfons the Subject or Subjects of or owing Allegiance to His Majefty, his Heirs and Succeffors, fhall repair to, or trade or touch at the faid Island of Saint Helena, or fhall be found hovering within Eight Leagues of the Coaft thereof, and shall not depart from the faid Ifland or the Coaft thereof when and fo foon as the Mafter or other Perfon having the Charge and Command_thereof fhall be ordered fo to do by the Governor or Lieutenant Governor of the said Island for the time being, or by the Commander of His Majefty's Naval or Military Force ftationed at or off the faid Ifland for the time being, (unless in cafe of unavoidable Neceffity, or Diftrefs of Weather,) fuch Ship or Veffel fhall be deemed forfeited, and fhall and may be feized and feized and pro. detained and prosecuted in the same manner as is hereinbefore enacted fecuted. as to Ships, Veffels or Boats of or belonging to any Subject or Subjects of His Majefty. Foreign Veffels hovering and not departing on Order, Provifo for Veffels driven by Stress of Weather into V. Provided always, and be it enacted, That if any Ship or Veffel fhall happen, by Strefs of Weather, Peril of the Sea, or other inevitable Accident or other urgent Neceffity, to be driven or forced to the faid Island, and from fuch Caufe to touch thereat, and the Mafter or other Perfon having the Command of fuch Ship or Veffel fhall forthwith give Notice thereof, and of the Cause thereof, to the Governor, or in his Abfence to the Deputy Governor of the faid Inland for the time being, or to the Commander of His Majefty's Naval or Military Forces for the time being, or one of them; and fhall, during the time that fuch Ship or Veffel fhall be permitted to remain at the faid Ifland, in all things conform to the Directions and Orders of the faid Governor, or in his Abfence of the faid Deputy Governor for the time being; and the faid Ship or Veffel fhall Such Veffels dequit the faid Ifland, and depart therefrom, with all the Crew and parting when Paffengers of and belonging to the faid Ship or Veffel, as and when able not liable to the faid Governor, or in his Abfence the Deputy Governor for the Forfeiture. time being, or the Commander of His Majefty's Naval or Military Forces at the said Ifland for the time being, or either of them, fhall direct and require; fuch Ship or Veffel fhall not be fubject to Forfeiture, nor fhall the Owners or Mafter or Crew thereof, or any Perfon or Persons on board the fame, who fhall fo conform to fuch Directions and Orders as aforefaid, be liable to any of the Pains, Penalties or Punishments hereinbefore mentioned: Provided never- Onus probandi theless, that the Proof of fuch Ship or Veffel having been driven on Party claimor forced to repair to and touch at the faid Ifland, by Strefs of Wea- ing Exemption. F 2 ther, |