Registration of Aliens 1793 page 1

Registration of Aliens 1793 page 1

This is a transcription of the Regulators of Aliens Act 1793— Act of Parliament for the registration of all foreigners coming to Britain.

A PDF image is available from http://webarchive.nationalarchives.gov.uk/+/http://www.movinghere.org.uk//search/catalogue.asp?RecordID=77088&ResourceTypeID=2&sequence=1

Marginal glosses in the original are transcribed within square brackets, and are placed approximately adjacent to the original paragraph.

ANNO TRICESMO TERTIO

Georgii III. Regis.

CAP IV.

An act for establishing Regulations respecting Aliens arriving in this Kingdom, or resident therein, in certain Cases.

[Preamble]
Whereas a great and unusual Number of Persons, not being natural-born Subjects of His Majesty, or Denizens, or Persons naturalized by Act of Parliament, have lately resorted to this Kingdom: And whereas under the present Circumstances, much Danger may arise to the publick Tranquility from the Resort and Residence of Aliens, unless due Provision be made in respect thereof; be it therefore enacted by the King’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, [Masters of Vessels to give to the Officer of the Customs at the Port of Arrival, a written Declaration, specifying the Names, &c. of Foreigners on Board.] That, during the Continuance of this Act, the Master or Commander of every Ship or Vessel which shall arrive in any Port or Place of this Kingdom, Shall, immediately on his Arrival, declare in Writing to the Collector and Comptroller, or other Chief Officer of the Customs, at or near such Port or Place, whether there are, to the best of his Knowledge, any foreigners on Board his said vessel, and shall, in his said Declaration, specify the Number of Foreigners, if any, on Board his said Vessel, and also specify their Names and respective Rank, Occupation, or Description, as far as he shall be informed thereof.

[Penalty for Neglect of so doing.] II. And be it further enacted by the Authority aforesaid, That the Master or Commander of every Ship or Vessel, so arriving as aforesaid, who shall neglect or refuse to make such Declaration as aforesaid, shall, for every such Offence, forfeit and pay the Sum of Ten Pounds, for each and every foreigner who shall have been on Board at the Time of the Arrival of such Ship or Vessel as aforesaid, whom he shall have wilfully neglected or refused to declare as aforesaid; [Application of Penalty and how recoverable.] One Moiety whereof shall be to the Informer or Informers, and the other Moiety to the Poor of the Parish or Place in which such Offence shall have been committed, to be recovered before any One or more Justice of Justices of the Peace acting in and for the Division, City, Town, or Place, in which such Offence shall have been committed, by the Confession of the Party, or on the Oath of One or more credible Witness or Witnesses; [On Nonpayment of Penalty, the Vessel may be detained.] and in case such Master or Commander as aforesaid shall neglect or refuse forthwith to pay such Penalty as he shall be adjudged to pay in Manner aforesaid, that it shall and may be lawful for the Collector, Comptroller, or other Chief Officer of the Customs, to detain such Ship or Vessel as aforesaid until the same shall have been paid.

[Aliens arriving after Jan. 10, 1793, to give to the Port Officer a written Declaration of their Names, Rank, &c.] III. And be it further enacted by the Authority aforesaid, That every Alien who shall arrive in any Port or Place of this Kingdom, on or after the Tenth Day of January One thousand seven hundred and ninety-three, shall immediately after such arrival, declare in Writing to the Collector, Comptroller, or other Chief Officer of the Customs, at or near such Port or Place, his or her Name and Rank, Occupation or Description, or if a Domestick Servant, then also the Name, Rank, Occupation, or Description of his or her Master or Mistress, or shall verbally make to such Officer as aforesaid such Declaration, to be by him reduced to Writing; and shall also in like Manner declare the Country or Countries, Place or Places where he or she shall have principally resided for Six Calendar Months next immediately preceding such Arrival: [Aliens neglecting to make such Declaration, &c. to be adjudged to depart out of the Realm, and for Non-compliance, to be transported for Life.] And that every such Alien who shall neglect to make Declaration of the aforesaid Particulars, or who shall wilfully make any false Declaration thereof, shall, for every such Offence, on Conviction thereof in His Majesty’s Court of King’s Bench, or in any Court of Oyer and Terminer, Gaol Delivery, or Great Sessions, or Judiciary Court in Scotland, be adjudged to depart out of this Realm, and all other His Majesty’s Dominions, within a time to be limited in such Judgement; and if he or she shall be found therein after such Time in such Judgement so limited, without lawful Cause, he or she shall, being duly convicted thereof, be transported for Life.

[Aliens to obtain from the Officer of the Customs, a Certificate of their Declarations.] IV. And be it further enacted by the Authority aforesaid, That every such Alien so arriving as aforesaid, shall obtain from the Collector, Comptroller, or other Chief Officer of the Customs (and such Officers are hereby respectively required to deliver the same) a Certificate of his or her Declaration, made in Writing or verbally, containing all the Particulars in such Declaration contained.

[Act not to extend to Mariners certified by the Master to the Officer of the Customs.] V. Provided always, and be it further enacted by the Authority aforesaid, That nothing herein-before contained shall extend or be construed to extend to any Mariner, whom the Master or Commander of any Ship or Vessel, arriving in any Port or Place in Great Britain, shall certify to such Collector, Comptroller, or other Chief Officer of the Customs, in Writing, subscribed by such Master or Commander, to be actually engaged and employed in the Navigation of such Ship or Vessel, during the Time that such Mariner shall remain so actually engaged and employed; and which Certificate in Writing, so subscribed as aforesaid, every such Master or Commander as aforesaid is hereby required to give.

[Arms, &c. attempted to be imported by Aliens, except as Merchandize, to be seized.] VI. And be it further enacted by the Authority aforesaid, That it shall not be lawful for any Alien so arriving to import or bring into this Kingdom, any Weapons, Arms, Gunpowder, or Ammunition whatever, other than as Merchandize, subject to the Laws now in force respecting the Importation of such Arms or Ammunition respectively as Merchandize; and that it shall be lawful for any of His Majesty’s Officers of the Customs to take into his or their Custody any Weapons, Arms, Gunpowder, or Ammunition which shall be attempted to be imported or brought into this Kingdom, in any Manner contrary to this Act, taking an Account thereof; which Account shall specify the Persons by whom the same were respectively brought; and that such Weapons, Arms, Gunpowder, or Ammunition shall be, and shall remain at the King’s Disposal.

[If His Majesty in Council shall direct that Aliens of any Description, shall not be landed, or only at prescribed Places, Masters offending, liable to Penalty.] VII. And be it further enacted by the Authority aforesaid, That when and so often as His Majesty, His Heirs, and Successors, shall think it necessary for the Safety or Tranquillity of the Kingdom, by His or Their Proclamation or Order in Council, to direct that Aliens of any Description therein contained (not being Alien Merchants within the true Intent and Meaning of this Act) shall not be landed in this Kingdom, or shall not be landed, except at such Places, and under such Regulations, as shall be in such Proclamation or Order expressed, then and in every such Case the Master or Commander of every Ship, or Vessel, or Boat, having any such Alien or Aliens on Board, shall not suffer such Alien or Aliens to land within any Part of this Kingdom, contrary to such Proclamation or Order in Council, unless by the express Permission of His Majesty, dignified under the Hand of One of His Majesty’s Principal Secretaries of State; [Penalty, and how applied and recoverable.] and every such Master or Commander wilfully neglecting to conform to any of the Directions or Regulations contained in such Proclamation or Order, shall forfeit Fifty Pounds for every Alien so landed, to be recovered before One or more of His Majesty’s Justices of the Peace, One Moiety thereof shall be to the Informer or Informers, and the other Moiety to the Poor of the Parish where such Offence shall be committed, and such Ship or Vessel from on Board of which any such Alien or Aliens shall so land, and every other Vessel or Boat [Vessels bringing such Aliens forfeited, etc.] used in landing any such Alien or Aliens, shall and may be seized by any Officer or Officers of the Customs or Excise, and the same shall respectively be forfeited, together with all Tackle, Apparel, Ammunition, and Furniture, thereunto respectively belonging.

[No Aliens to depart the Place of Arrival, (except for the Purposes herein specified), without a Passport, to be granted on the Conditions herein mentioned.] VIII. And be it further enacted by the Authority aforesaid, That no Alien so arriving shall depart from the Place in which he or she shall have so arrived, except for the Purpose of making such Declaration as herein before required to the Collector, Comptroller, or other Chief Officer of the Customs as aforesaid, or for the Purpose of obtaining such Passport as is herein-after mentioned, without previously obtaining a Passport from the Mayor or other Chief Magistrate of such Place, or from One Justice of the Peace for the County or District in which same may be situated; in which Passport shall be expressed the Name and Rank, Occupation or Description, of such Alien, as declared to him or her to such Officer of the Customs as aforesaid, and also the Town or Place to which such Alien purposes to go; and such Mayor, Magistrate, or Justice, is hereby required to give such Passport on Application made to him for that Purpose, on Production of the Certificate of his or her Declaration as aforesaid, provided that such Town or Place, to which such Alien purposes to go, shall not be a Town or Place from which such Alien is restrained from going by any such Proclamation or Order as is herein mentioned, and provided that such Alien shall not have landed in this Kingdom contrary to any such Proclamation or Order in Council as is herein mentioned.

[Aliens, (except domestick Servants of Natural-born Subjects, &c.) arrived since Jan 1, 1792, or arriving during the Continuance of this Act, desirous to change their Abode, or the Place of heir Arrival, must obtain a Passport, which shall be given on exhibiting the Documents herein specified.] IX. And be it further enacted by the Authority aforesaid, That when and so often as any Alien, except the domestick Servants of any of His Majesty’s natural born Subjects, or such as shall have had Letters Patent of Denization, or been naturalized by Act of Parliament, being actually attendant on their respective Masters, who shall have arrived in this Kingdom since the First Day of January One thousand seven hundred and ninety-two, or who shall arrive therein at any Time during the Continuance of this Act, shall be desirous to change the Place of his or her Residence, or to quit the Town or Place at which such Alien shall have arrived by virtue of his or her Passport, such Alien shall obtain from the Mayor or Chief Magistrate, or any Justice of the Peace for the County, Town, Place, or District, in which such Alien shall be resident, a Passport, in which shall be expressed the Name and Description of such Alien in the Manner herein-before provided, and also, unless such Alien shall be an Alien Merchant, the Name of the Town or Place to which such Alien shall propose to remove; and such Mayor, Chief Magistrate, or Justice, is hereby required to give such Passport, on Application made to him for that Purpose by such Alien: Provided always, that every such Alien shall, at the Time of making such Application, exhibit to such Magistrate or Justice the Passport, by virtue of which such Alien arrived in such County, District, Town, or Place in which he or she shall be resident, or, if such Alien shall not have arrived therein by virtue of any Passport, a Certificate from the Magistrate or Justice, or other Person to whom the Alien shall have delivered an Account of his or her Name and Description, in the Manner herein-after provided.

[Magistrates may grant Passports to Alien Merchants, to pass to and from all Parts of the Kingdom.] X. Provided also, and be it enacted by the Authority aforesaid, That if it shall appear to the Satisfaction of such Mayor, Magistrate, or Justice, upon due Examination upon Oath of such Alien, and also, if necessary, of any other Person or Persons, that such Alien is an Alien Merchant, within the true Intent and Meaning of this Act, it shall not be necessary to express in such Passport the Name of the Town or Place to which such Alien shall propose to remove, but the same shall describe such Alien to be an Alien Merchant within the true Intent and Meaning of this Act, and give full Liberty to such Alien Merchant to pass and repass to and from all Parts of this Kingdom.

[Magistrates may require of any Alien as aforesaid, to exhibit his Passport, and in certain Cases may detain him till His Majesty’s Commands may be received; and if His Majesty shall not direct him to be discharged, or to depart the Realm, may commit him to Prison.] XI. And be it further enacted by the Authority aforesaid, That it shall and may be lawful to and for the Mayor, or Chief Magistrate, or any Justice of Peace of any County, City, Town, Place, or District within this Kingdom, to require of any Alien who shall have arrived in this Kingdom after the first Day of January One thousand seven hundred and ninety-two, or shall arrive at any Time during the Continuance of this Act, except such Domestick Servants as aforesaid, and who shall be passing through or be found in such County, City, Town, Place, or District, to exhibit to such Mayor, Magistrate, or Justice, his or her Passport, which he or she is hereby required to exhibit accordingly, and in Default thereof, or in case it shall appear thereby that such Alien not being therein described as an Alien Merchant, in the Manner in this Act mentioned, is not in his or her Way to such Town or Place as is therein expressed, and such Mayor, Magistrate, or Justice shall see Cause to suspect that such Alien is not bona fide proceeding to such Town or Place as aforesaid, or in case such Mayor, Magistrate, or Justice, shall see Cause to suspect that such Alien landed in this Kingdom contrary to such Proclamation or Order in Council, as is herein mentioned, such Mayor, Magistrate, or Justice may commit such Alien to the Common Gaol, or other Publick Prison, or detain such Alien in such Custody as such Mayor, Magistrate, or Justice may think proper, until Notice thereof be sent, by such Mayor, Magistrate, or Justice, to One of His Majesty’s Principal Secretaries of State, which Notice such Mayor, Magistrate, or Justice is hereby required forthwith to transmit, and until sufficient Time shall have been allowed for the Transmission of His Majesty’s Commands thereupon; and unless His Majesty shall thereupon, within Ten Days in England, or Fourteen Days in Scotland, signify His Pleasure that such Alien shall be discharged, or shall direct in Manner herein-after mentioned, that such Alien shall depart the Realm, it shall and may be lawful for such Mayor, Magistrate, or Justice, to cause such Alien to be committed to the Common Gaol, without Bail or Mainprize, until he or she shall be delivered by due Course of Law.

[Aliens whom His Majesty shall not order to be discharged, shall on Conviction, be imprisoned, &c.] XII. And be it enacted by the Authority aforesaid, That every Alien whom His Majesty shall not so signify His Pleasure to discharge, who shall have refused to exhibit his or her Passport, or who shall have been found not bona fide proceeding to the Town or Place therein expressed, or who shall have wilfully landed in this Kingdom contrary to any Proclamation or Order in Council herein mentioned, and who shall be lawfully convicted thereof in His Majesty’s Court of King’s Bench, or any Court of Oyer and Terminer, or Gaol Delivery, or Great Sessions, or Court of Judiciary in Scotland, shall be adjudged to suffer Imprisonment for any Time not exceeding One Month, and at the Expiration of the said Term to depart out of the Realm within a Time to be limited in such Judgement; and if such Alien shall be found therein after such Time in such Judgement so limited, without lawful Cause, such Alien shall, being duly convicted, be transported for Life.

[Penalty on Persons forging, etc. Passports or Certificates.] XIII. And be it further enacted by the Authority aforesaid, That if any Person or Persons 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, and such Passport or Certificate as are by this Act directed, or shall obtain such Passport or Certificate under any other Name or Description than that which he or she shall have declared to such Custom House Officer, or to any such Mayor, Magistrate, or Justice as are herein mentioned, or shall falsely pretend to be the Person mentioned in such Passport or Certificate, such Person or Persons shall, for every such Offence, on Conviction thereof in His Majesty’s Court of King’s Bench, or any Court of Oyer and Terminer, Gaol Delivery, or Great Sessions, or in the Judiciary Court in Scotland, be adjudged to be imprisoned, and shall be imprisoned in the Common Gaol for any Time not exceeding Six Calendar Months, and at the Expiration of that Time to depart out of this Realm, within a Time to be limited by such Judgement; and if such Person or Persons be found therein after such Time in such Judgement so limited, without lawful Cause, he or she shall, being duly convicted, be transported for Life.

[Notice of the Regulations herein contained to be printed in different Languages, and affixed at the Ports, and delivered to Foreigners on their Arrival; but such Delivery not necessary for Conviction of Offenders.] XIV. And be it further enacted by the Authority aforesaid, That Notices of the several Regulations herein-before contained shall be printed in different Languages, and shall be affixed in publick Places in the different Ports of this Kingdom, and shall also be delivered by the Customs House Officers to all Foreigners on their Arrival in any Port of this Kingdom, in every Case in which it can conveniently be done; but that it shall not be necessary for the Conviction of any Alien offending against this Act, to prove such personal Delivery of the said Notices.

[Aliens not departing the Realm when ordered by His Majesty’s Proclamation, may be committed to Gaol.] XV. And be it further enacted by the Authority aforesaid, That when and so often as His Majesty, His Heirs and Successors, shall, by His or Their Proclamation, or by His or Their Order in Council, or Order under His or Their Sign Manual, direct that any Alien being, or who may hereafter arrive within this Realm during the Continuance of this Act, shall depart this Realm within a Time limited in such Proclamation or Orders respectively, and any Alien shall knowingly neglect or refuse to pay due Obedience to such Proclamation or Orders respectively, or shall be found in this Kingdom contrary to such Proclamation or Orders, as the Case may be, it shall and may be lawful for any of His Majesty’s Principal Secretaries of State, or for any Justice of the Peace, or for any Mayor or Chief Magistrate as aforesaid, to cause every such Alien, so neglecting or refusing as aforesaid, to be arrested, and to be committed to the Common Gaol of the County or Place where he or she shall be so arrested, there to remain, without Bail or Mainprize, until he or she shall be delivered by due Courts of Law.

[Penalty on Aliens disobeying Proclamations.] XVI. And be it further enacted by the Authority aforesaid, That every such Alien so disobeying or knowingly neglecting to pay due Obedience to such Proclamation or Orders respectively, or being found in this Kingdom contrary to such Proclamation or Orders respectively, who shall be lawfully convicted thereof in His Majesty’s Court of King’s Bench, or any Court of Oyer and Terminer, Gaol Delivery, or Great Sessions, or Court of Judiciary in Scotland, shall be adjudged to suffer Imprisonment for any Time not exceeding One Month, and at the Expiration of the said Term to depart out of the Realm, within a Time to be limited by such Judgement, and if such Alien shall be found therein, after such Time in such Judgement so limited, without lawful Cause, such Alien shall, being duly convicted, be transported for Life.

[Secretary of State may grant Warrants to conduct out of the Kingdom Aliens he shall apprehend will not obey Proclamations, &c.] XVII. And be it further enacted by the Authority aforesaid, That it shall and may be lawful for any One of His Majesty’s Principal Secretaries of State, in Cases where he shall apprehend that immediate Obedience will not be paid to such Proclamation, or Orders respectively, as aforesaid, by Warrant under his Hand and Seal to give such Alien in Charge to One of His Majesty’s Messengers, or to such other Person or Persons to whom he shall think proper to direct such Warrant, in order to his or her being conducted out of the Kingdom, in such Manner as shall be suitable to his or her Rank and Situation; and that in case any Excuse shall be alledged by any such Alien for not complying with such Proclamation or Orders respectively, it shall and may be lawful for the Lords of His Majesty’s Privy Council to judge of the Validity of such Excuse, and to allow or disallow the same; and such Alien shall remain in the Custody of such Messenger, or such other Person or Persons as aforesaid, until the Lords of His Majesty’s Privy Council shall have signified their Determination thereupon.

[His Majesty may order any Alien arrived since Jan. 1, 1792, or arriving during the Continuance of this Act, to reside in such District as he shall think proper.] XVIII. And be it further enacted by the Authority aforesaid, That it shall and may be lawful for His Majesty, His Heirs and Successors, by His or Their Proclamation, or Order in Council, or Order under the Royal Sign Manual, to order and direct any Alien or Aliens who shall have arrived within this Kingdom since the First Day of January One Thousand seven hundred and ninety-two, or who shall arrive therein during the Continuance of this Act, other than Alien Merchants, and the Domestick Servants of any of His Majesty’s natural-born Subjects, or of such as shall have had Letters Patent of Denization, or been naturalized by Act of Parliament, actually and bone fide employed in the Service of their respective Masters, to dwell and reside respectively in such District or Districts as His Majesty, His Heirs and Successors, shall think necessary for the Publick Security; [Penalty for Disobediance.] and if any such Alien, except as herein-before excepted, being so ordered and directed, shall dwell or shall be found to be or have been in any Part of this Kingdom, other than such District or Districts as aforesaid, in Breach of such Proclamation or Orders respectively, it shall and may be lawful for any of His Majesty’s Principal Secretaries of State, or for any Justice of Peace, or any such Mayor or Chief Magistrate as aforesaid, to cause such Alien to be arrested, and if it shall appear to such Principal Secretary of State, or to such Justice, Mayor, or Chief Magistrate, that such Alien did knowingly and wilfully depart out of such District or Districts, in Breach of such Proclamation or Orders respectively, such Alien shall be committed to the Common Gaol, there to be detained, without Bail or Mainprize, until he or she shall be delivered by due Courts of Law; And if any such Alien, except as herein-before excepted, shall be duly convicted in His Majesty’s Court of King’s Bench, or any Court of Oyer and Terminer, Gaol Delivery, or Great Sessions, or Court of Judiciary in Scotland, of knowingly and wilfully dwelling or residing, or being found to be, or of having been in any Place in this Kingdom in Breach of such Proclamation or Orders respectively as aforesaid, he or she shall be adjudged to be Imprisoned, and shall be imprisoned for any Time not exceeding One Month.

[Aliens in the Kingdom on Jan. 10, 1792, who arrived since Jan. 1, 1792, or those arriving after Jan. 10, 1793, to deliver within the Time herein mentioned an account of their Names, &c.] XIX. And be it further enacted by the Authority aforesaid, That every Alien who shall be in this Kingdom on the Tenth Day of January One thousand seven hundred and ninety-three, and who shall have arrived within this Kingdom since the First Day of January One thousand seven hundred and ninety-two, except such Domestick Servants as aforesaid, shall within Ten Days from and after the Tenth Day of January One thousand seven hundred and ninety-three, and that every Alien arriving in this Kingdom after the Tenth Day of January One thousand seven hundred and ninety-three, except such Domestick Servants as aforesaid, shall within Ten Days after his or her arriving in the Place which shall be expressed on his or her Passport as aforesaid, as the Place to which he or she proposes to go, deliver to the Chief Magistrate of the Town or Place in which he or she shall be; and if there be no Chief Magistrate in such Town or Place, then, and in such Case, to some One of the Justices of Peace in and for the County or District in which such Alien shall be, or to such Person or Persons as shall be authorized to that Effect by such Chief Magistrate or Justice, as the Case may be, by Warrant under his Hand and Seal, a full and true Account in Writing, of his or her Name and Rank, Occupation or Description, and also of his or her Place of Abode, specifying the Street and Number (if any such there be), in and at which he or she shall then be dwelling, and of the Length of Time during which he or she shall have been resident within this Kingdom, and the Place or Places of his or her principal Residence during Six Months immediately preceding his or her delivering such Account: [Magistrates may require such Accounts,] And it shall also be lawful for any Mayor or Chief Magistrate of any City, Town, or Place, or for any Justice of the Peace for any County or District, to require of any such Alien as aforesaid, except Alien Merchants, and except such Domestick Servants as aforesaid, who shall be within the Limits of their respective Jurisdictions, such an Account as is before-mentioned; [and to give Certificates thereof;] and such Mayor, Magistrate, Justice, or Person, authorized as aforesaid, is hereby required to give a Certificate to such Alien, on Application for that Purpose, which Certificate shall specify the Particulars of the Account so delivered by such Alien; [and may commit Aliens neglecting to give Accounts.] and in case any such Alien shall neglect or refuse to deliver such Account as aforesaid, in any of the Cases herein-before mentioned, that it shall and may be lawful for any Justice of the Peace to cause every Alien so neglecting or refusing to be arrested and committed to the Common Gaol, there to remain, without Bail or Mainprize, until he or she shall be delivered by due Course of Law: [Penalty for neglecting to give Accounts, or giving false ones.] And that every such Alien as aforesaid, who shall so neglect or refuse to deliver such Account, or who shall wilfully deliver any false Account to such Magistrate or Justice respecting any of the Particulars herein-before mentioned, shall, on Conviction thereof, in His Majesty’s Court of King’s Bench, or any Court of Oyer and Terminer, Gaol Delivery, or Great Sessions, or the Court of Judiciary in Scotland, be adjudged, for the First Offence, to suffer Imprisonment for any Time not exceeding One Month, and for the Second Offence, shall be adjudged to depart out of this Realm, within a Time to be limited in such Judgement; and if such Alien shall be found therein, after such Time so limited in such Judgement, without lawful Cause, he or she shall, being duly convicted, be transported for Life.

[Magistrates may summon Aliens suspected of not having delivered Accounts, and may arrest them for Non-compliance.] XX. And be it further enacted by the Authority aforesaid, That whenever any such Chief Magistrate, or such Justice, shall have Cause to suspect that any such Alien who may arrive or be within the Limits of his or their respective Jurisdiction, and who ought, in pursuance of this Act, to deliver any such Account as is herein-before mentioned, has neglected or refused to deliver such Account, it shall be lawful for such Magistrate or Justice to summon before him the Person so suspected, in order to be examined touching the Premises; and also to examine upon Oath such other Persons as may be competent to give Evidence thereupon, and, upon Refusal or Neglect to obey such Summons, to cause such Person to be arrested, and brought before him for the Purpose above mentioned.

[Magistrates may require of Housekeepers an Account of Names, &c. of Aliens residing with them, &c.] XXI. And be it further enacted by the Authority aforesaid, That it shall and may be lawful for any Justice of the Peace, Mayor, or Chief Magistrate as aforesaid, by Notice in Writing under their Hands respectively, to be left at the Dwelling House of any Housekeeper within the Division, City, Town, or Place, in and for which such Justice, Mayor, or Chief Magistrate as aforesaid shall act, to require of such Housekeeper an Account in Writing, within a Time to be limited in such Notice, to be subscribed with the name of such Housekeeper, of the Names, Rank, and Occupation of all such Aliens as may be resident in his or her Dwelling House, as far as the same shall have come to his or her knowledge, together with an Account of the Length of Time during which such Aliens respectively shall have been so resident in his or her Dwelling House, or if no such Alien shall be resident therein, then in like Manner he or she shall certify the same; [Penalty on Housekeepers for Neglect.] and if any such Housekeeper shall neglect or refuse to return such Account or Certificate as is hereby required, or shall return a false Account or Certificate, every such Housekeeper, being lawfully convicted thereof by his or her Confession, or on the Oath or Oaths of One or more credible Witness or Witnesses, shall forfeit and pay the Sum of Fifty Pounds for every Alien who shall be proved to have been a Lodger or Inmate in such Dwelling House as aforesaid, either at the Time when such Notice as aforesaid was left at his or her Dwelling House, or at the Time of returning such Account or Certificate, and whom he or she shall have wilfully neglected to return in such Account; and in case there shall be, or have been, no Alien in his or her Dwelling House at such Time respectively, shall forfeit and pay the Sum of Five Pounds, to be recovered in Manner aforesaid; [Application of Penalty.] One Moiety of such Penalties respectively to be to the Informer or Informers, and the other Moiety to the Poor of the Parish or Place in which such Dwelling House shall be situate.

[Copies of Accounts delivered to Custom House Officers, &c. and of Passport and Certificates granted by Magistrates, to be transmitted to One of the Secretaries of State.] XXII. And be it further enacted by the Authority aforesaid, That every such Customs House Officer, Magistrate, or Justice as aforesaid, shall, with all convenient Diligence, transmit to One of His Majesty’s Principal Secretaries of State, Copies of all such Accounts in Writing, as shall be delivered to such Custom House Officer, Magistrate or Justice, by virtue of this Act, and also of all such Passports and Certificates as shall be issued by such Magistrate or Justice by virtue of this Act, keeping such Accounts, Passports, and Certificates, as far as may be, from being made publick.

[The Justices of the Courts at Westminster, &c. may admit Aliens to Bail;] XXIII. Provided always, and be it further enacted by the Authority aforesaid, That in every Case in which Power is given by this Act to commit any Alien to the Common Gaol without Bail or Mainprize, until delivered by due Course of Law, it shall and may be lawful for any of the Justices of His Majesty’s Courts at Westminster, or for any of the Barons of the Exchequer, being of the Degree of the Coif, or for the Lord Justice Clerk, or any of the Commissioners of Judiciary in Scotland, if, upon Application made, he shall see sufficient Cause to presume that such Person is not within the Description limited by this Act in the different Cases herein mentioned, to admit such Person to Bail, he or she giving sufficient Security for his or her Appearance to answer the Matters alledged against him or her.

[as may also any Justice, by Authority of the Secretary of State.] XXIV. Provided also, and be it further enacted by the Authority aforesaid, That it shall be lawful for any Justice of the Peace to admit any Alien to Bail who shall have been committed by virtue of this Act, such Justice being authorized to so do by Warrant of One of His Majesty’s Principal Secretaries of State for that Purpose, specifying the Security to be taken by such Justice.

[Aliens, within the Times herein specified, to give an Account of all Weapons, &c. in their Possession, and deliver up the same to a Magistrate.] XXV. And be it further enacted by the Authority aforesaid, That all Aliens who shall have arrived in this Kingdom since the First Day of January One thousand seven hundred and ninety-two, shall, if within the Limits of the Weekly Bills of Mortality, or within the Parishes of Saint Mary le Bone, Paddington, Saint Pancras, and Saint Luke at Chelsea, in the County of Middlesex, on the Tenth Day of January One thousand seven hundred and ninety-three; or if out of the Limits of the Weekly Bills of Mortality, or of the federal Parishes aforesaid, within Ten Days from the said Tenth Day of January; and every Alien who shall arrive therein after the Tenth Day of January One thousand seven hundred and ninety-three, shall, within Ten Days after his or their Arrival, give to some neighbouring Magistrate a full and true Account of all Weapons, Arms, Gunpowder, and Ammunition which shall be in their respective Possession, or in the Possession of other for or at their Use or Disposal, and shall, within Three Days from such Notice, deliver up to such Magistrate all such Weapons, Arms, Gunpowder, and Ammunition, except such only for the keeping of which they shall have obtained Licence under the Hand and Seal of One of His Majesty’s Principal Secretaries of State, during the Time such Licence shall be in Force; and that it shall not be lawful for any such Alien, subsequent to the Delivery of such Account, to buy or to have in his or her Possession, or in the Possession of others for or at his or her Use or Disposal, any Weapons, Arms, Gunpowder, or Ammunition, except as herein-before excepted: [Penalty for neglecting to give, or giving a false Account, etc.] And that any such Person wilfully neglecting to give such Account, or giving a false Account, or wilfully neglecting to deliver such Weapons, Arms, Gunpowder, or Ammunition, or forging, counterfeiting, or altering, or causing to be forged, counterfeited or altered, or uttering, knowing the same to be forged, counterfeited, or altered, any such Licence, or buying or knowingly having in his or her Possession, or in the Possession of others for or at his or her Use or Disposal, any other Weapons, Arms, Gunpowder, or Ammunition, contrary to this Act, shall, on Conviction, in His Majesty’s Court of King’s Bench, or any Court of Oyer and Terminer, Gaol Delivery, or Great Sessions, or Judiciary Court in Scotland, be adjudged to depart out of this Realm, within a Time to be limited in such Judgement; and if he or she shall be found therein after such Time in the Judgement so limited, without lawful Cause, he or she shall, being duly convicted, be transported for Life.

[Magistrates may require Aliens resident in their Jurisdictions, or passing through he same, to deliver up Weapons, &c.] XXVI. And be it further enacted by the Authority aforesaid, That it shall and may be lawful for any such Mayor, Magistrate, or Justice as aforesaid, from Time to Time, to require any such Alien as aforesaid, who shall have arrived within this Kingdom since the First Day of January One thousand seven hundred and ninety-two, or who shall arrive therein during the Continuance of this Act, and who shall be within the Jurisdiction of such Mayor, Magistrate, or Justice, or who shall pass through the same, to deliver up to such Mayor, Magistrate, or Justice, all Weapons, Arms, Gunpowder, or Ammunition, which may be in his or her Possession, or in the Possession of others for or at his or her Use or Disposal, (except by such Licence as aforesaid); and in case of Refusal it shall be lawful for such Mayor, Magistrate, or Justice, to take into his or their Custody, and such Weapons, Arms, Gunpowder, or Ammunition, and the same shall be and remain at the King’s Disposal; and that any such Alien refusing to deliver up such Weapons, Arms, Gunpowder, or Ammunition, or concealing the same after such Requisition so made as aforesaid, shall, on Conviction in His Majesty’s Court of King’s Bench, or any Court of Oyer and Terminer, Gaol Delivery, or Great Sessions, or Judiciary Court in Scotland, be adjudged to depart out of this Realm, within a Time to be limited in such Judgement; and if he or she shall be found therein, after such Time in such Judgement so limited, without lawful Cause, he or she shall, being duly convicted, be transported for Life.

[Secretary of State, etc. may grant Warrants for searching the Houses of Aliens, etc for Weapons, etc.;] XXVII. And be it further enacted by the Authority aforesaid, That it shall and may be lawful for His Majesty’s Principal Secretaries of State, or for any Two Justices of the Peace, or any Mayor or Chief Magistrate as aforesaid, by Warrant under their respective Hands and Seals, to cause any House, rented or occupied by any Aliens as aforesaid, except Alien Merchants, and except Aliens who have been resident in this Kingdom continually for the Space of Two Years previous to the First Day of January One thousand seven hundred and ninety; and also any house in which any such Alien (except as herein excepted), shall be a Lodger or Inmate, such Inmate not being a Domestick Servant of any of His Majesty’s natural-born Subjects, or Persons who shall have had Letters Patent of Denization; or been naturalized by Act of Parliament, resident in such House, to be searched in the Day Time, and in the Presence of a Peace Officer, in order to discover whether any Weapons, Arms, Gunpowder, or Ammunition be therein, and to cause to be seized all such Weapons, Arms, Gunpowder, and Ammunition as shall therein be found belonging to such Alien, or being for or at his Use or Disposal, except such Weapons, Arms, Gunpowder, and Ammunition, whereof he may be in Possession by virtue of such Licence as is herein-before mentioned; and such Weapons, Arms, Gunpowder, and Ammunition so seized, shall be at the King’s Disposal.

[and may require from Housekeepers where Aliens shall lodge, an Account of Weapons, etc. therein, etc.] XXVIII. And be it further enacted by the Authority aforesaid, That it shall and may be lawful for such Secretary of State, or such Justice, Mayor, or Chief Magistrate as aforesaid, to require any Housekeeper, in whose Dwelling House any Alien shall be a Lodger or Inmate, by Notice in Writing under their Hands and Seals respectively, to be left at such Dwelling House, an Account in Writing, to be subscribed with the Name of such Housekeeper, of all Weapons, Arms, Gunpowder, or Ammunition which shall be in such Dwelling House for or at the Use or Disposal of such Alien, within a Time to be limited in such Notice, of a Certificate, subscribed in like Manner, that none of the Articles aforesaid are therein to be found, as the Case may be; [Penalty for Neglect, or for returning a false Account, &c.] and that every such Housekeeper neglecting or refusing to return such Account as aforesaid, or who shall knowingly either return a false Account of the Particulars aforesaid, or falsely certify that none of the Particulars aforesaid, are therein, shall forfeit and pay the Sum of One hundred Pounds; and if he or she shall neglect or refuse to make such Certificate as aforesaid, although none of the Particulars aforesaid be therein, he or she shall forfeit and pay the Sum of Five Pounds; [How Penalties are to be recovered and applied.] such Penalties to be respectively recovered before any One or more Justice or Justices of the Peace, on the Oath of One or more credible Witness or Witnesses; One Moiety whereof respectively shall be to the Informer or Informers, and the other Moiety to the Poor of the Parish or Place in which the Dwelling House shall be situate.

[His Majesty may send out of the Realm any Alien committed to Gaol, &c.;] XXIX. And be it further enacted by the Authority aforesaid, That it shall and may be lawful for His Majesty, His Heirs and Successors, whenever he or they shall deem it necessary for the publick Safety, to send out of this Realm any Alien as aforesaid, who shall have been committed to any Goal by Warrant under the Hands and Seals of any of His Majesty’s Principal Secretaries of State, or Justice of the Peace, Mayor or Chief Magistrate respectively, in Manner herein mentioned, or who shall be imprisoned in Execution of any Sentence passed upon such Alien for any Offence against this Act, or who shall have been admitted to Bail.

[and if he be found therein he shall be adjudged to be transported for Life.] XXX. And be it further enacted by the Authority aforesaid, That if any Alien sent out of this Realm by Command of His Majesty, His Heirs or Successors, shall return, and be found at large within this Realm, every such Alien shall, on Conviction thereof in His Majesty’s Court of King’s Bench, or in any Court of Oyer and Terminer, Gaol Delivery, or Great Sessions, or in the Judiciary Court of Scotland, be adjudged to be transported for Life.

[In all Questions respecting Offences against this Act, the Proof to lie on the Party accused.] XXXI. And be it further enacted by the Authority aforesaid, That in all Cases concerning the Execution of this Act, when any Question shall arise whether any Person is or is not an Alien born, not having obtained Letters Patent of Denization, not having been naturalized by Act of Parliament; or whether such Alien is or is not an Alien Merchant; or whether such Alien did or did not arrive in this Kingdom, on or before the First Day of January One thousand seven hundred and ninety-two; or did or did not reside therein for Two Years continually previous to the First Day of January One thousand seven hundred and ninety; or is or is not fully a Domestick Servant as aforesaid; the Proof of being a natural-born Subject of His Majesty, His Heirs and Successors, or of being a Denizen by Letters Patent, or of Naturalization by Act of Parliament, or of being and Alien Merchant, or of having arrived within this Kingdom on or before the First Day of January One thousand seven hundred and ninety-two, or of having continually been resident for Two Years previous to the First Day of January One thousand seven hundred and ninety, or of being such a Domestick Servant as aforesaid, shall lie upon the Person touching whom such Question shall so arise.

[Who shall be deemed Alien Merchant.] XXXII. And be it further enacted by the Authority aforesaid, That no Person shall be deemed an Alien Merchant within the true Intent and Meaning of this Act, except such Person as shall be bona fide engaged in carrying on Trade or Commerce, by exporting or importing Merchandize from or into this Kingdom, seeking his or her Living thereby; or such Person as having been bona fide engaged in Trade or Commerce in Foreign Parts, and continuing engaged in such Trade or Commerce, or being employed as Agent or Factor by such Person in Foreign Parts, shall resort to this Kingdom, bona fide, for the Purpose of transacting the Business of the said Trade or Commerce in which such Person in Foreign Parts shall have been and shall be so engaged as aforesaid.

[No Foreign Ambassadors, etc. to be deemed Aliens.] XXXIII. And be it further enacted by the Authority aforesaid, That no Foreign Ambassador, nor other publick Minister duly authorized, nor the Domestick Servant of any such Foreign Ambassador, or publick Minister, registered as such according to the Directions of the Laws now in Force, or being actually attendant upon such Ambassador or Minister, nor Aliens born who shall have had Letters Patent of Denization, or who shall have been naturalized by Act of Parliament, shall be deemed Aliens within the Meaning of this Act.

[Act not to extend to Aliens more than 14 Years old.] XXXIV. Provided always, and be it enacted, That nothing in this Act contained shall affect any Alien, in respect of any Act done or omitted, who shall make it appear that he or she was not above the Age of Fourteen Years at the Time of such Act done or omitted.

[Certificates, &c. to be given gratis.] XXXV. And be it further enacted by the Authority aforesaid, That all Certificates, Passports, Notices, and Licences, herein before required to be given by any Collector, Comptroller, or other Chief Officer of the Customs, or by any Justice or Justices of the Peace, or other Magistrates respectively, shall be given without any Fee or Reward whatsoever.

[Fresh Passports or Certificates may be granted for lost ones.] XXXVI. And be it further enacted by the Authority aforesaid, That if any Passport, or Certificate, issued to any Alien by virtue of this Act, shall be lost, mislaid, or destroyed, and such Alien shall produce to One of His Majesty’s Justices of the Peace, from the Office of One of His Majesty’s Principal Secretaries of State, a Copy of the Passport or Certificate so lost, mislaid, or destroyed, and shall make it appear to the Satisfaction of such Justice, that he or she is the Person, named in such Passport or Certificate, and that the same has been lost, mislaid, or destroyed, without his or her wilful Neglect or Default, it shall and may be lawful for such Justice, and he is hereby required to grant to such Alien a fresh Passport or Certificate, which shall be of the like Force and Effect as the Passport or Certificate so lost, mislaid, or destroyed.

[Persons adjudged to be transported to be sent to such Places as His Majesty in Council shall appoint.] XXXVII. And be it further enacted by the Authority aforesaid, That in all Cases in which any Person shall be adjudged to be transported, the Transportation shall be adjudged to be, and shall be, to such Place or Places as His Majesty, with the Advice of His Privy Council, shall direct or appoint.

[Persons ordered to be transported, to suffer Death, if found within the Realm.] XXXVIII. And be it further enacted by the Authority aforesaid, That in case any Person ordered or adjudged to be transported, shall be found at large within this Realm after Sentence of Transportation pronounced, he shall be guilty of Felony, and shall suffer Death as a Felon, without Benefit of Clergy.

[Penalties may be levied by Distress.] XXXIX. And be it further enacted by the Authority aforesaid, That it shall and may be lawful for any Justice or Justices of the Peace before whom any pecuniary Penalties shall be recovered in pursuance of this Act, in case the same shall not be forthwith paid, to award and issue Warrants of Distress respectively for the levying of such pecuniary Penalties upon the Goods and Chattels of any Offender or Offenders, and to cause Sale to be made of such Goods and Chattels, if they shall not be redeemed within Fourteen Days, rendering to such Offender or Offenders the Overplus (if any there be), and for Want of sufficient Distress to imprison the Party offending till Satisfaction be made; [Parties aggrieved may appeal to the Quarter Sessions.] and that if either Party think him or themselves aggrieved by any Judgement or Order to be given or made by any Justice of the Peace acting in pursuance of this Act, touching any pecuniary Penalty relating to the same, it shall and may be lawful to and for any such Person or Persons to appeal from the same to the Justices aforesaid at the next General or Quarter Session to be holden for the County, Shire, or Stewartry, where such Judgement or Order shall have been made, who shall finally determine the same; [Not write of Certiorari to be allowed.] and no Writ of Certiorari shall be allowed, to remove the Proceedings of the said Justices, touching the pecuniary Penalties aforesaid.

[Parties appealing to give 6 Days previous Notice.] XL. Provided always, and it is hereby enacted by the Authority aforesaid, That the Party or Parties so appealing as aforesaid, shall give Notice in Writing, by the Space of Six Days next before such Sessions shall be holden as aforesaid, unto the other Party or Parties, of his, her, or their Intention to bring such Appeal, [Justices in Session may award Costs.] and that it shall and may be lawful for such Justices so assembled to award Costs to either Party, as they shall in their Discretion think fit, to be levied by Warrant of the said Justices, or any Two or more of them, on the Goods and Chattels of the Party or Parties against whom the same shall be awarded; [If there be not 6 Days between the Order of the Justice and the next Session, the Appeal may be made at the Second.] Provided also, That in case there be not the Space of Six Days between the First Judgement of Order of any Justice or Justices and the Quarter or General Sessions then next following, that then such Appeal may be made at the Second General or Quarter Sessions after such Judgement or Order made.

[Limitation of Actions.] XLI. And be it further enacted by the Authority aforesaid, That if any Person or Persons shall at any Time be sued or prosecuted for any Thing by him or them done or executed in pursuance of or by Colour of this Act, or of any Matter or Thing therein contained, such Action or Prosecution shall be commenced within the Space of Three Months next after the Offence shall be committed, and such Person or Persons shall and may plead the General Issue, and give the Special Matter in Evidence for his or their Defence; [General Issue.] and if upon Trial a Verdict shall pass for the Defendant or Defendants, or the Plaintiff or Plaintiffs shall become nonsuited, or shall discontinue his or their Suit or Prosecution, or if Judgement be given for the Defendant or Defendants upon Demurrer or otherwise, [Double Costs.] such Defendant or Defendants shall have Double Costs to him or them awarded against the Plaintiff or Plaintiffs.

[This Act may be altered or repealed in the present Session.] XLII. Provided also, and be it enacted, That this Act, or any of the Provisions therein contained, may be altered, varied, or repealed by any Act or Acts to be passed in this present Session of Parliament.

[Parishioners may be Witnesses, though Part of the Penalty be given to the Poor of the Parish.] XLIII. Provided also, and be it further enacted by the Authority aforesaid, That the Inhabitants of any Parish, Township, or Place, shall be deemed and taken to be competent Witnesses for the Purpose of proving the Commission of any Offence against this Act, within the Limits of such Parish, Township, or Place, notwithstanding any Part of the Penalty, incurred by such Offence, is given or applicable to the Poor of such Parish, Township, or Place.

[Continuance of Act.] XLIV. And be it further enacted by the Authority aforesaid, That this Act shall have Continuance until the First Day of January One thousand seven hundred and ninety-four, and from thence to the End of the then next Session of Parliament, and no longer.

FINIS.