according to law, or being actually attendant upon such am. bassador or minister; nor any alien who shall have been residing here three years, and shall have obtained a certificate thereof from one of the secretaries of state; nor any alien under 14 years of age, in respect of any act done or omitted by him.

By sect. 11, it is also provided, that if any question shall arise whether any person alleged to be an alien, and to be subject to the provisions of this act, be an alien or not, or is or is not subject to the said provisions or any of them, the proof that such person is a natural born subject, or a denizen or naturalized, or that such person (if an alien) is not subject to the provisions of this act by reason of any exception in the act or otherwise, shall lie upon the person so alleged to be an alien, and subject to the provisions of this act.

Masters of ships to make declaration.] The master of every vessel, which shall arrive in this realm from foreign parts, shall immediately upon his arrival "declare in writing to the chief officer of the customs at the port of arrival, whether there is, to the best of his knowledge, any alien on board his vessel, and whether any alien hath to his knowledge landed therefrom at any place within this realm; and shall in his said declaration specify the number of aliens (if any) on board his vessel, or who have to his knowledge landed therefrom, and their names, rank, occupation and description, as far as he shall be informed thereof:" and if such master shall refuse or neglect to make such declaration, or make a false one, he shall forfeit 201. and also 101. for each alien on board at the time of such vessel's arrival, or who to his knowledge landed therefrom within this realm, whom such master shall have wilfully refused or neglected to declare. 6 W. 4, c. 11, s. 2. If such master neglect or refuse forthwith to pay the penalty, any officer of the customs may detain the vessel until the same be paid. Id. The above section, however, does not extend to mariners actually employed in the navigation of such vessel, during the time they are so employed. Id.

If such declaration be made, the chief officer of the customs at the port shall, within two days, transmit a copy of it to one of the secretaries of state. Id. s. 5.

Alien to produce passport, and make declaration.] Every alien who shall arrive in any part of the United Kingdom from foreign parts, "shall immediately after such arrival present and show to the chief officer of the customs at the port of debarkation, for his inspection, any passport which may be in his possession; and declare in writing to such chief officer, or verbally make to him a declaration, to be by him reduced into writing, of the day and place of his landing, and of his name, and shall also declare to what country he belongs and is

subject, and the country and place from whence he shall then have come." And if any such alien shall neglect or refuse to present and show any passport which may be in his possession, or to make such declaration, he shall forfeit the sum of 21. 6 W. 4, c. 11, s. 3.

Upon the passport being produced and the declaration made, the officer of the customs shall register the declaration, and grant the alien a certificate, 6 W. 4, c. 11, s. 4, without fee, under a penalty of 201.; Id. s. 8; a copy of which certificate he shall transmit to one of the secretaries of state. Id. s. 5. And if any certificate so issued to an alien "shall be lost, mislaid or destroyed, and such alien shall produce to one of His Majesty's justices of the peace proof thereof, and shall make it appear to the satisfaction of such justice that he or she hath duly conformed with this act, it shall be lawful for such justice, and he is hereby required, to testify the same under his hand;" and such alien shall thereupon be entitled to receive a fresh certificate from the secretary of state. Id. s. 7. On quitting the realm, the alien shall deliver the certificate to the officer of the customs, who shall insert therein that the alien has departed the realm, and shall transmit the same to the secretary of state. Id. s. 6.

Making false declarations, forging certificates, &c.] "If any person shall wilfully make or transmit any false declaration, or shall wilfully forge, counterfeit or alter, or cause to be forged, counterfeited or altered, or shall utter, knowing the same to be forged, counterfeited or altered, any declaration or certificate hereby directed; or shall obtain any such certificate under any other name or description than the true name and description of the alien intended to be named and described, without disclosing to the person granting such certificate the true name and description of such alien; or shall falsely pretend to be the person intended to be named and described in any such certificate:" penalty not exceeding 1001., or imprisonment for not more than three calendar months, at the discretion of the justices. 6 W. 4, c. 11, s. 9.

Proceedings to recover penalties.] All offences against this act, shall be prosecuted within six calendar months after the offence committed; and all such offences shall be prosecuted before two or more justices of the peace, of the place where the offence shall be committed, who are required, in default of payment of any pecuniary penalty, to commit the offender to the common gaol, for any time not exceeding one calendar month, unless the penalty shall be sooner paid, and forthwith to report to one of His Majesty's principal secretaries of state the conviction of every offender under this act, and the punish

ment to which he is adjudged; no writ of certiorari shall be allowed to remove the proceedings. 6 W. 4, c. 11, s. 15.

As the act gives no form of conviction, the conviction will of course be in the ordinary form. The prosecution is always by government; and as their solicitor prepares the conviction, it is unnecessary here to give any forms.

Offences by aliens.] Aliens are punishable in this county, for offences committed here, in precisely the same way as natural born subjects; if indicted, &c. it is no excuse whatever, that the act charged against them is not an offence in their native country. R. v. Esop, 7 Car. & P. 456.

AMENDMENT.

Upon an appeal against a justice's order, the court of quarter sessions may amend it in matters of form, but not in any matter of substance. 5 G. 2, c. 19, s. 1. This shall be treated of, under the title "appeal."

Where a defendant is misnamed, or a wrong addition is given to him, in an indictment, he cannot now plead the misnomer in abatement as formerly; but if he object to it, the court shall order the indictment to be amended, according to the truth. 7 G. 4, c. 64, s. 19. See post, title " Misnomer."

The stat. 9 G. 4, c. 15, which allows of amendments in misdemeanors, where there is a variance between the indictment or information and any matter in writing or in print produced in evidence, gives the power of amending to judges at nisi prius, and courts of oyer and terminer and general gaol delivery only; and therefore I think it does not extend to the court of quarter sessions, and that the justices there cannot amend under it.

A magistrate may draw up his conviction in a more formal shape than it was at first drawn, before he returns it to the sessions or upon a certiorari; R. v. Barker, 1 East, 186, Gray v. Cookson and Clayton, per Lord Ellenborough, C. J. 16 East, 21; but he cannot do even this with an order, R. v. JJ. of Cheshire, 5 B. & Adolph. 439, or warrant of commitment; Hutchinson v. Lowndes, 4 B. & Adolph. 118; nor can he remedy defects, by amendment or otherwise, in other proceedings.

ANATOMY.

See "Dead Bodies."

APOTHECARY.

Refusing to make up medicines prescribed, or doing so unfaithfully.] By stat. 55 G. 3, c. 194, s. 5, reciting that it is the duty of apothecaries "to prepare with exactness, and to dispense, such medicines as may be directed for the sick, by any physician, lawfully licensed to practice physic by the president and commonalty of the faculty of physic in London, or by either of the two universities of Oxford or Cambridge,' it is enacted that if any person using or exercising the art and mystery of an apothecary, shall at any time knowingly, wilfully and contumaciously refuse to make, mix, compound, prepare, give, apply, or administer, or any way to sell, set on sale, put forth or put to sale, to any person or persons whatsoever, any medicines, compound medicines or medicinable compositions; or shall deliberately or negligently, falsely, unfaithfully, fraudulently or unduly make, mix, compound, prepare, give, apply, or administer, or any way sell, set on sale, put forth, or put to sale to any person or persons whatsoever, any medicines, compound medicines or medicinable compositions, as directed by any prescription, order or receipt, signed with his initials, in his own handwriting, of any physician so lawfully licensed to practise physic:" the party so offending, upon complaint made by the physician within 21 days, shall, upon conviction before any justice of the peace, ("unless such offender can show some satisfactory reason, excuse or justification in this behalf") forfeit 51. for the first offence, 101. for the second, and for the third offence, he shall forfeit his certificate, and be incapable in future of exercising the art or mystery of an apothecary, and be liable to the same penalty as for acting without a certificate.

Acting as apothecary, &c. without certificate.] If, after the 1st August, 1815, any person shall act or practise as an apothecary (except such as were then actually practising as such) without having obtained a certificate, he shall forfeit the sum of 201.; and if any person, after the said 1st day of August, 1815, shall act as assistant to an apothecary, to compound and dispense medicines, (except persons who were then acting as such, or who have actually served an apprenticeship of five years to an apothecary), without having obtained such certificate, he shall forfeit 51. Id. s. 20. 6 G. 4, c. 133, s. 5. The act however does not extend to chemists or druggists; 55 G. 3, c. 194, s. 28; nor does it affect the rights or privileges of the universities, the royal college of physicians or the royal college of surgeons. Id. s. 29.

Recovery of penalties.] Penalties exceeding 51. are recoverable by action; 55 G. 3, c. 194, s. 26; those under 5l. by distress and sale under warrant from a justice of peace, or "in case sufficient distress shall not be found, or such forfeitures or penalties shall not be paid forthwith," the offender may be committed to the common gaol of the county, &c. for any time not exceeding one calendar month, unless the penalty, &c. and costs be sooner paid. Id. It is remarkable that the act made no provision for the recovery of a penalty of exactly 51.; and therefore it was thought necessary, by stat. 6 G. 4, c. 133, s. 9, to enact that such penalty should be recovered in the same manner as penalties of 201. by the statute of George 3, which seemingly has the effect of taking the above offences out of the jurisdiction of justices altogether.

APPEAL.

In what cases.] An appeal to the court of Quarter Sessions, lies only where it is given by the express words of some particular statute; a power of appealing cannot be implied. On the other hand, where an appeal is given by the express words of a statute, the party shall not be deprived of it by any thing to be implied from other clauses in the act. See R. v. JJ. of Salop, 2 B. & Ad. 145. R. v. JJ. of Hants, 1 B. & Ad. 654. An appeal is given, expressly, against orders of removal, by stat. 13 & 14 C. 2, c. 12, s. 2, and 3 W. & M. c. 11, s. 9, 10; against poor rates, by stat. 17 G. 2, c. 38, s. 4; against county rates, by stat. 57 G. 3, c. 94, s. 2; against the appointment of overseers, by stat. 43 Eliz. c. 2, s 6, and 17 G. 2, c. 38, s. 4; against the allowance or disallowance of overseers' accounts, by stat. 17 G. 2, c. 38, s. 4, and 50 G. 3, c. 49, s. 2; against summary convictions, in several particular instances, by the statutes creating the offences or giving the mode of summary prosecution; and in scme other cases. Sometimes a difficulty occurs in determining whether the grievance, of which the party complains, is or is not within the appeal clause, where that clause, instead of describing the cases within it specifically, is couched in generic terms, such for instance as, if any person shall think himself aggrieved by any thing done in pursuance of this act," or the like; and it then becomes a question of construction, upon a consideration of the words of the act, whether the particular case be fairly within the appeal clause or not.