The Press-Gang Afloat and Ashore by J. R. (John Robert) Hutchinson
page 72 of 358 (20%)
page 72 of 358 (20%)
![]() | ![]() |
|
Though according to the strict letter of the law as defined by various decisions of the courts a press-warrant was legally executable only by the officer to whom it was addressed, in practice the limitation was very widely departed from, if not altogether ignored; for just as a constable or sheriff may call upon bystanders to assist him in the execution of his office, so the holder of a press-warrant, though legally unable to delegate his authority by other means, could call upon others to aid him in the execution of his duty. Naturally, the gangsmen being at hand, and being at hand for that very purpose, he gave them first preference. Hence, the gangsman pressed on the strength of a warrant which in reality gave him no power to press. While the law relating to the intensive force of warrants was thus deliberately set at naught, an extraordinary punctiliousness for legal formality was displayed in another direction. According to tradition and custom no warrant was valid until it had received the sanction of the civil power. Solicitor-General Yorke could find no statutory authority for such procedure. [Footnote: _Admiralty Records_ 7. 298--Law Officers' Opinions, 1733-56, No. 102.] He accordingly pronounced it to be non-essential to the validity of warrants. Nevertheless, save in cases where the civil power refused its endorsement, it was universally adhered to. What was bad law was notoriously good policy, for a disaffected mayor, or an unfriendly Justice of the Peace, had it in his power to make the path of the impress officer a thorny one indeed. "Make unto yourselves friends," was therefore one of the first injunctions laid upon officers whose duties unavoidably made them many enemies. |
|